policy manual - Eastport-South Manor Central School District [PDF]

EASTPORT-SOUTH MANOR CENTRAL SCHOOL DISTRICT

POLICY MANUAL

Table of Contents Section Goals and Objectives .....................................................................................

0000

Community Relations ....................................................................................

1000

Governance and Operations ...........................................................................

2000

Administration ...............................................................................................

3000

Instruction ......................................................................................................

4000

Students ..........................................................................................................

5000

Fiscal Management ........................................................................................

6000

Facilities .........................................................................................................

7000

Support Services ............................................................................................

8000

Personnel and Negotiations............................................................................

9000

ESMCSD Policy Book

Table of Contents (Series 0000) Policy Mission Statement and Vision .......................................................................

0000

Equal Opportunity and Nondiscrimination ....................................................

0100

Equal Opportunity and Nondiscrimination Regulation .................................

0100-R

Transgender and Gender Nonconforming Students .......................................

0105

Sexual Harassment .........................................................................................

0110

Sexual Harassment Regulation ......................................................................

0110-R

Anti Harassment.............................................................................................

0112

Student Harassment and Bullying Prevention and Intervention … ...............

0115

Student Harassment and Bullying Prevention and Intervention Regulation ...............................................................................................

0115-R

Harassment and/or Bullying Complaint Form… ...........................................

0115-E

Student-Friendly Version of Student Harassment and Bullying Prevention and Intervention Policy ………………………………………………. .

0115.1

HIV/AIDS ......................................................................................................

0150

School District Goals and Objectives ............................................................

0200

Accountability ................................................................................................

0300

Board Self-Evaluation ....................................................................................

0310

Evaluation of Superintendent .........................................................................

0320

Evaluation of Personnel .................................................................................

0330

ESMCSD Policy Book

0000 MISSION STATEMENT AND VISION The Board of Education recognizes that to govern effectively, it must clearly define why the district exists and what it aspires to be. The Board therefore adopts the following mission statement to convey the district’s purpose and vision, to set forth what the district should strive to become in the future. Mission Statement The Eastport South Manor Central School District will promote and sustain an educational system which is dedicated to academic excellence, and the fulfillment of each individual student’s potential. Through an alliance of educators, parents, students and community, the district will provide a supportive, safe, dynamic learning environment; and will strive to graduate students of good character who are intellectually, physically and socially developed, and who are as well prepared as possible for their futures. Vision The Board of Education is committed to educational programs that strive to develop concerned individuals who are caring, confident, articulate, open-minded, and flexible. The Board believes that students should work cooperatively with peers, staff, and community members in a nurturing environment that respects individual differences. In order to prepare District students for the future, the Board encourages the development of curricula designed to teach the skills of computing, problem solving, creativity, analysis, synthesis, critical thinking and communication. The educational program will provide each child with the fundamental academic skills and basic knowledge required for his/her maximum educational development, the opportunity for each child to develop his/her interests and abilities to the fullest extent according to his/her individual potential and special services to promote the physical, mental and emotional development of each child. Extracurricular activities will be offered when possible to enhance the academic program. The objectives of an educational program are best realized when mutual understanding, cooperation and effective communications exist among the home, community and school. Cross-ref:

0200, District Goals 0300 Accountability

Adoption date: January 17, 2007

ESMCSD Policy Book

0100 EQUAL OPPORTUNITY AND NONDISCRIMINATION The Board of Education, its officers and employees, shall not discriminate in its programs and activities on the basis of legally protected classes, such as, but not limited to: race, color, national origin, creed, religion, marital status, sex (including pregnancy, childbirth, or related medical condition), age, sexual orientation, disability (physical or mental), predisposing genetic characteristic, military work or status, domestic violence victim status, or use of a guide dog, hearing dog, or service dog, as applicable. The district will provide notice of this policy in accordance with federal and state law and regulation. This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement and/or terminations. Additionally, to promote the district website’s accessibility to staff, students, and members of the community with disabilities, the district will maintain a website that is accessible (or contains accessible alternatives) on perceivability, operability and understandability principles. The district’s Director of Technology is responsible for considering the following when developing or updating the district website:      

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

The Board of Education, its officers and employees shall not discriminate against students on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression). A finding that an individual has engaged in conduct in violation of this policy may result in disciplinary action and/or filing of a report with third parties in the manner prescribed by the district code of conduct, the law or applicable contract. Nothing in this policy shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

ESMCSD Policy Book

0100 Annual Notification At the beginning of each school year, the district shall publish a notice of the established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students and the community. The public notice shall: 1.

inform parents, employees, students and the community that education programs, including but not limited to vocational programs, are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression;

2.

provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination; and

3.

be included in announcements, bulletins, catalogues, and applications made available by the district.

The Assistant Superintendent for Personnel has been designated to handle inquiries regarding the district’s non-discrimination policies. Contact information for the Assistant Superintendent for Personnel is available on the district’s website. Complaints of sexual harassment or discrimination are covered by policy 0110. All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind. The Board authorizes the Superintendent of Schools to establish such rules, regulations and procedures necessary to implement and maintain this policy. Cross-ref:

Ref:

0110, Sexual Harassment 5030, Student Complaints and Grievances 5300, Code of Conduct 9140.1, Staff Complaints and Grievances

Age Discrimination in Employment Act of 1967 29 U.S.C. §§621 et seq. Americans with Disabilities Act, 42 U.S.C. §§12101 et seq. Title VI, Civil Rights Act of 1964, 42 U.S.C. §§2000d et seq. (nondiscrimination based on race, color, and national origin in federally assisted programs) Title VII, Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (nondiscrimination based on race, color, and national origin in employment) Title IX, Education Amendments of 1972, 20 U.S.C. §§1681 et seq. (nondiscrimination based on sex) §504, Rehabilitation Act of 1973, 29 U.S.C. §794 Individuals with Disabilities Education Law, 20 U.S.C. §§1400 et seq.

ESMCSD Policy Book

0100 Genetic Information Nondiscrimination Act of 2008 P.L. 110-233 34 C.F.R. §§ 100.6; 104.8; 106.9; 110.25 Executive Law §§290 et seq. (New York State Human Rights Law) Education Law §§10-18 (The Dignity for All Students Act) Education Law §§313(3); 3201; 3201-a ADA Best Practices Tool Kit for State and Local Governments, Website Accessibility Under Title II of the ADA (see Chapter 5 and Chapter 5 Addendum checklist), www.ada.gov/pcatoolkit/toolkitmain.htm Adoption date: March 22, 2017

ESMCSD Policy Book

0100-R EQUAL OPPORTUNITY AND NONDISCRIMINATION REGULATION The procedures set forth in this regulation do not supersede any protection complainants are provided under existing state or federal law. Definitions 1.

Complainant shall mean an applicant, employee, student or vendor who alleges that they have been subjected to discrimination, which may be a violation of this policy, as well as a violation of federal or state law or associated regulations, which has affected him/her.

2.

Complaint shall mean any alleged act of discrimination which may be a violation of this policy, which may also violate federal and state civil rights laws or associated regulations.

3.

Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under the Civil Rights Act of 1964, Section 504 and the ADA. The district’s compliance officer is: Linda Weiss, Assistant Superintendent for Personnel.

The investigation and resolution of any complaints alleging an action prohibited by the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act or the ADA shall be dealt with in the following prompt, equitable and impartial manner: A. Stage I--Compliance Officer 1.

As soon as practicable, if possible within 30 days after the events giving rise to the allegation, the complainant shall file a complaint, preferably in writing using the district’s complaint form, with the Compliance Officer. The Compliance Officer may informally discuss the complaint with the complainant. He shall promptly and thoroughly investigate the matter. All employees and students of the school district shall cooperate with the Compliance Officer in such investigation.

2.

Within 15 days of receipt of the complaint, the Compliance Officer shall make a finding in writing that there has or has not been a violation of the Civil Rights Act, Section 504 of the Rehabilitation Act or the ADA. In the event the Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the complaint.

3.

If the complainant is not satisfied with the finding of the Compliance Officer, or with the proposed resolution of the complaint, the complainant may, within 15 days after he/she has received the report of the Compliance Officer, file a written request for review by the Superintendent of Schools.

B. Stage II--Superintendent of Schools 1.

The Superintendent may request that the complainant, the Compliance Officer, student, or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the complaint and the facts surrounding it.

ESMCSD Policy Book

0100-R 2.

The Superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearing shall be held within 15 school days of the receipt of the appeal by the Superintendent.

3.

Within 15 days of the hearing, the Superintendent shall render his/her determination in writing. Such determination shall include a finding that there has or has not been a violation of the Civil Rights Act, Section 504 of the Rehabilitation Act or the ADA, and if applicable, a proposal for equitably resolving the complaint.

4.

If the complainant is not satisfied with the determination of the Superintendent or the proposed resolution, the complainant may, within 15 days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.

C.

Stage III--Board of Education

1.

When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.

2.

The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 school days of the receipt of the request of the complainant.

3.

The Board shall render a decision in writing within 15 days after the hearing has been concluded.

Adoption date: April 18, 2012

ESMCSD Policy Book

0105 TRANSGENDER AND GENDER NONCONFORMING STUDENTS District policy requires that all programs, activities, and employment practices be free from discrimination based on sex, sexual orientation, or gender identity. This policy is designed in keeping with these mandates to create a safe learning environment for all students and to ensure that every student has equal access to all school programs and activities. This policy sets out guidelines for schools and district staff to address the needs of transgender and gender nonconforming students and clarifies how applicable laws should be implemented in situations where questions may arise about how to protect the legal rights or safety of such students. This policy does not anticipate every situation that might occur with respect to transgender or gender nonconforming students, and the needs of each transgender or gender nonconforming student must be assessed on a case-by-case basis. In all cases, the goal is to ensure the safety, comfort, and healthy development of the transgender or gender nonconforming student while maximizing the student’s social integration and minimizing stigmatization of the student. DEFINITIONS The definitions provided here are not intended to label students but rather to assist in understanding this policy and the legal obligations of District staff. Students might or might not use these terms to describe themselves. 

•” Assigned Sex at Birth” is the sex designation, usually “male” or “female,” assigned to a person when they are born.



“Cisgender” is adjective describing a person whose gender identity corresponds to their assigned sex at birth.



“Gender expression” is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice, or mannerisms.



“Gender identity” is a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. Everyone has a gender identity.



“Gender nonconforming (GNC)” is a term used to describe people whose gender expression differs from stereotypic expectations. The terms “gender variant” or “gender atypical” are also used. Gender nonconforming individuals may identify as male, female, some combination of both, or neither.



“Sexual Orientation” is a person’s emotional and sexual attraction to other people based on the gender of the other person. Sexual orientation is not the same as gender identity. Not all transgender youth identify as gay, lesbian or bisexual, and not all gay, lesbian and bisexual youth display gender-nonconforming characteristics.



“Transgender” is an adjective describing a person whose gender identity does not correspond to their assigned sex at birth.

ESMCSD Policy Book



“Transition” is the process by which a person socially and/or physically aligns their gender expression more closely to their actual gender identity and away from that associated with their assigned sex at birth.

GUIDANCE All persons, including students, have a right to privacy. This includes the right to keep private one’s transgender status or gender nonconforming presentation at school. Information about a student’s transgender status, legal name, or assigned sex at birth also may constitute confidential information. School personnel should not disclose information that may reveal a student’s transgender status or gender nonconforming presentation to others, including parents, students and other school personnel, unless legally required to do so or unless the student has authorized such disclosure. Transgender and gender nonconforming students have the right to discuss and express their gender identity and expression openly and to decide when, with whom, and how much to share private information. When contacting the parent or guardian of a transgender or gender nonconforming student, school personnel should use the student’s legal name and the pronoun corresponding to the student’s assigned sex at birth unless the student, parent, or guardian has specified otherwise. Official Records The District is required to maintain a student records (“official record”) that includes a student’s legal name and legal gender. However, the District is not required to use a student’s legal name and gender on other school records or documents. The District will change a student’s official record to reflect a change in legal name or legal gender upon receipt of documentation that such change has been made pursuant to a court order. In situations where school staff or administrators are required by law to use or to report a transgender student’s legal name or gender, such as for purposes of standardized testing, school staff and administrators shall adopt practices to avoid the inadvertent disclosure of such confidential information. NAMES/PRONOUNS: A student has the right to be addressed by a name and pronoun that corresponds to the student’s gender identity. A court-ordered name or gender change is not required, and the student need not change his or her official records. The intentional or persistent refusal to respect a student’s gender identity (for example, intentionally referring to the student by a name or pronoun that does not correspond to the student’s gender identity) is a violation of this policy. GENDER-SEGREGATED ACTIVITIES: To the extent possible, schools should reduce or eliminate the practice of segregating students by gender. In situations where students are segregated by gender, such as for health education classes, students should be included in the group that corresponds to their gender identity.

ESMCSD Policy Book

Student Information Systems The District has modified its student information system to prevent disclosure of confidential information and ensure that school personnel use a student’s preferred name and pronouns consistent with the student’s gender identity. RESTROOM ACCESSIBILITY: Students shall have access to the restroom that corresponds to their gender identity consistently asserted at school. Any student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided access to a single stall restroom, but no student shall be required to use such a restroom. LOCKER ROOM ACCESSIBILITY: The use of locker rooms by transgender students shall be assessed on a case-by-case basis with the goals of maximizing the student’s social integration and equal opportunity to participate in physical education classes and sports, ensuring the student’s safety and comfort, and minimizing stigmatization of the student. In most cases, transgender students should have access to the locker room that corresponds to their gender identity consistently asserted at school. Any student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided with a reasonable alternative changing area such as the use of a private area (e.g., a nearby restroom stall with a door, an area separated by a curtain, a P.E. instructor’s office in the locker room, or a nearby health office restroom), or with a separate changing schedule (e.g., using the locker room that corresponds to their gender identity before or after other students). Any alternative arrangement should be provided in a way that protects the student’s ability to keep his or her transgender status confidential. In no case shall a transgender student be required to use a locker room that conflicts with the student’s gender identity. PHYSICAL EDUCATION CLASSES & INTRAMURAL SPORTS: Transgender and gender nonconforming students shall be permitted to participate in physical education classes and intramural sports in a manner consistent with their gender identity. DRESS CODES: Transgender and gender nonconforming students have the right to dress in a manner consistent with their gender identity or gender expression. In general, schools may not adopt dress codes that restrict students’ clothing or appearance on the basis of gender. DISCRIMINATION/HARASSMENT: It is the responsibility of each school and the District to ensure that transgender and gender nonconforming students have a safe school environment. This includes ensuring that any incident of discrimination, harassment, or violence is given immediate attention, including investigating the incident, taking appropriate corrective action, and providing students and staff with appropriate resources. Complaints alleging discrimination or harassment based on a person’s actual or perceived transgender status or gender nonconformity are to be handled in the same manner as other discrimination or harassment complaints. TRANSFERRING A STUDENT TO ANOTHER SCHOOL (OPPORTUNITY TRANSFERS): In general, schools should aim to keep transgender and gender nonconforming students at the original school site. Opportunity for transfers should not be a school’s first response to harassment and should be considered only when necessary for the protection or personal welfare of the transferred student, or when requested by the student or the student’s parent. The student or the student’s parent or guardian must consent to any such transfer. ESMCSD Policy Book

RELATED RESOURCES State Education Department: Guidance to School Districts for Creating a Safe and Supportive School Environment for Transgender and Gender Nonconforming Students (July 2015). Complaints about violations of this policy should be handled through the Uniform Complaint. Adopted: October 21, 2015

ESMCSD Policy Book

0110 SEXUAL HARASSMENT The Board of Education recognizes that harassment of students and staff on the basis of sex, gender and/or sexual orientation is abusive and illegal behavior that harms targets and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying such harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees can work productively. Sex-based harassment can be comprised of two types of behavior: sexual harassment and/or gender-based harassment. Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature (see regulation 0110-R for examples). Gender-based harassment includes verbal, nonverbal or physical aggression, intimidation or hostility that is based on actual or perceived gender and sexual stereotypes (see regulation 0110-R for examples). Sexual or gender-based harassment of a student can deny or limit the student’s ability to participate in or to receive benefits, services, or opportunities from the school’s program. The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events including those that take place at locations outside the district. Because sexual harassment can occur staff to student, staff to staff, student to student, student to staff, male to female, female to male, male to male or female to female, it shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass any student or employee. In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The district will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If the complainant reports that they feel unsafe at school due to the nature of the complaint, the district will determine if accommodations need to be made until the issue is resolved. If, after appropriate investigation, the district finds that a student, an employee or a third party has violated this policy, prompt corrective action will be taken in accordance with the applicable collective bargaining agreement, district policy, the district code of conduct, and federal or state law. All complainants and those who participate in the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind.

ESMCSD Policy Book

0110 The Superintendent of Schools is directed to develop and implement regulations for reporting, investigating and remedying allegations of sexual harassment. These regulations are to be attached to this policy. In addition, training programs shall be established for students and employees to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can recognize and reduce the incidence of sexual harassment. This policy shall be posted in a prominent place in each district facility, on the district’s website, and shall also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications. A committee of administrators, teachers, parents, students and the school attorney shall be convened annually to review this policy's effectiveness and compliance with applicable state and federal law, and to recommend revisions to Board. Ref:

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

Adoption date: April 18, 2012

ESMCSD Policy Book

0110-R SEXUAL HARASSMENT REGULATION This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment on the basis of sex, gender and/or sexual orientation in furtherance of the district's commitment to provide a healthy and productive environment for all students and employees that promotes respect, dignity and equality. Sexual Harassment Defined "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature. “Gender-based harassment” means verbal, non-verbal or physical aggression, intimidation or hostility that is based on actual or perceived gender identity or expression. Sexual or gender-based harassment occurs when: 1.

submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an employee's employment or a student's education (including any aspect of the student's participation in school-sponsored activities, or any other aspect of the student's education); or

2.

submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting an employee's employment or a student's education; or

3.

the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee's work performance or a student's academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive working or educational environment.

Unacceptable Conduct School-related conduct that the district considers unacceptable and which may constitute sexual harassment includes, but is not limited to, the following: 1.

rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law;

2.

unwelcome sexual invitations or requests for sexual activity in exchange for grades, promotions, preferences, favors, selection for extracurricular activities or job assignments, homework, etc.;

3.

unwelcome and offensive public sexual display of affection, including kissing, making out, groping, fondling, petting, inappropriate touching of one's self or others, sexually suggestive dancing, and massages;

ESMCSD Policy Book

0110-R 4.

any unwelcome communication that is sexually suggestive, sexually degrading or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual's clothing, appearance or activities; sexual jokes; sexual gestures; public conversations about sexual activities or exploits; sexual rumors and "ratings lists;" howling, catcalls, and whistles; sexually graphic computer files, messages or games, etc;

5.

unwelcome and offensive name calling or profanity that is sexually suggestive, sexually degrading, implies sexual intentions, or that is based on sexual stereotypes or sexual orientation, gender identity or expression;

6.

unwelcome physical contact or closeness that is sexually suggestive, sexually degrading, or sexually intimidating such as the unwelcome touching of another's body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, frontal body hugs, etc.;

7.

unwelcome and sexually offensive physical pranks or touching of an individual's clothing, such as hazing and initiation, "streaking," "mooning," "snuggies" or "wedgies" (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt "flip-ups," "spiking" (pulling down someone's pants or swimming suit); pinching; placing hands inside an individual's pants, shirt, blouse, or dress, etc.;

8.

unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or imply sexual motives or intentions;

9.

clothing with sexually obscene or sexually explicit slogans or messages;

10.

unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading, or that imply sexual motives or intentions, or that are based on sexual stereotypes;

11.

unwelcome written or pictorial display or distribution of pornographic or other sexually explicit materials such as magazines, videos, films, Internet material, etc.;

12.

any unwelcome behavior based on sexual stereotypes and attitudes that is offensive, degrading, intimidating, or demeaning, including, but not limited to: a.

disparaging remarks, slurs, jokes about or aggression toward an individual because the person displays mannerisms or a style of dress inconsistent with stereotypical characteristics of the person’s sex;

b.

ostracizing or refusing to participate in group activities with an individual during class projects, physical education classes or field trips because of the individual’s sex, gender expression or gender identity;

c.

taunting or teasing an individual because they are participating in an activity not typically associated with the individual’s sex or gender

ESMCSD Policy Book

0110-R For purposes of this regulation, action or conduct shall be considered "unwelcome" if the student or employee did not request or invite it and regarded the conduct as undesirable or offensive. In addition, in the remainder of this regulation, the term sexual harassment will refer to both sexual and gender-based harassment. Determining if Prohibited Conduct is Sexual Harassment Complaints of sexual harassment will be thoroughly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the above definition of sexual harassment and should therefore be treated as sexual harassment. Not all unacceptable conduct with sexual connotations may constitute sexual harassment. In many cases (other than quid pro quo situations where the alleged harasser offers academic or employment rewards or threatens punishment as an inducement for sexual favors), unacceptable behavior must be sufficiently severe, pervasive and objectively offensive to be considered sexual harassment. If the behavior doesn’t rise to the level of sexual harassment, but is found to be objectionable behavior, the individual will be educated and counseled in order to prevent the behavior from continuing. In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider: 1.

the degree to which the conduct affected the ability of the student to participate in or benefit from his or her education or altered the conditions of the student's learning environment or altered the conditions of the employee's working environment;

2.

the type, frequency and duration of the conduct;

3.

the identity of and relationship between the alleged harasser and the subject of the harassment (e.g., sexually based conduct by an authority figure is more likely to create a hostile environment than similar conduct by another student or a co-worker);

4.

the number of individuals involved;

5.

the age and sex of the alleged harasser and the subject of the harassment;

6.

the location of the incidents and context in which they occurred;

7.

other incidents at the school; and

8.

incidents of gender-based, but non-sexual harassment.

Reporting Complaints Any person who believes he or she has been the target of sexual harassment by a student, district employee or third party related to the school is required to report complaints as soon as possible after the incident in order to enable the district to effectively investigate and resolve the complaint. Targets are encouraged to submit the complaint in writing; however, complaints may be filed verbally.

ESMCSD Policy Book

0110-R Complaints should be filed with the Principal or the Title IX coordinator. Any school employee who receives a complaint of sexual harassment from a student shall inform the student of the employee's obligation to report the complaint to the school administration, and then shall immediately notify the Principal and/or the Title IX coordinator. In order to assist investigators, targets should document the harassment as soon as it occurs and with as much detail as possible including: the nature of the harassment; dates, times, places it has occurred; name of harasser(s); witnesses to the harassment; and the target's response to the harassment. Confidentiality It is district policy to respect the privacy of all parties and witnesses to complaints of sexual harassment. To the extent possible, the district will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual's need for confidentiality must be balanced with the district's legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the district retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants. If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that: 1. 2. 3. 4.

the request may limit the district's ability to respond to his/her complaint; district policy and federal law prohibit retaliation against complainants and witnesses; the district will attempt to prevent any retaliation; and the district will take strong responsive action if retaliation occurs.

If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the district from responding effectively to the harassment and preventing the harassment of other students or employees. Investigation and Resolution Procedure A.

Initial (Building-level) Procedure

The Principal or the Title IX coordinator shall conduct a preliminary review when they receive a verbal or written complaint of sexual harassment, or if they observe sexual harassment. Except in the case of severe or criminal conduct, the Principal or the Title IX coordinator should make all reasonable efforts to resolve complaints informally at the school level. The goal of informal investigation and resolution procedures is to end the harassment and obtain a prompt and equitable resolution to a complaint.

ESMCSD Policy Book

0110-R As soon as possible but no later than three working days following receipt of a complaint, the Principal or Title IX coordinator should begin an investigation of the complaint according to the following steps: 1.

Interview the target and document the conversation. Instruct the target to have no contact or communication regarding the complaint with the alleged harasser. Ask the target specifically what action he/she wants taken in order to resolve the complaint. Refer the target, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.

2.

Review any written documentation of the harassment prepared by the target. If the target has not prepared written documentation, instruct the target to do so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation.

3.

Interview the alleged harasser regarding the complaint and inform the alleged harasser that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the alleged harasser an opportunity to respond to the charges in writing.

4.

Instruct the alleged harasser to have no contact or communication regarding the complaint with the target and to not retaliate against the target. Warn the alleged harasser that if he/she makes contact with or retaliates against the target, he/she will be subject to immediate disciplinary action.

5.

Interview any witnesses to the complaint. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and his/her statement confidential.

6.

Review all documentation and information relevant to the complaint.

7.

Where appropriate, suggest mediation as a potential means of resolving the complaint. In addition to mediation, use appropriate informal methods to resolve the complaint, including but not limited to: a.

discussion with the accused, informing him or her of the district's policies and indicating that the behavior must stop;

b.

suggesting counseling and/or sensitivity training;

c.

conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;

d.

requesting a letter of apology to the complainant;

e.

writing letters of caution or reprimand; and/or

f.

separating the parties.

ESMCSD Policy Book

0110-R 8.

Parent/Student/Employee Involvement and Notification a.

Parents of student targets and accused students shall be notified within one school day of allegations that are serious or involve repeated conduct.

b.

The parents of students who file complaints are welcome to participate at each stage of both informal and formal investigation and resolution procedures.

c.

If either the target or the accused is a disabled student receiving special education services under an IEP or section 504/Americans with Disabilities Act accommodations, the committee on special education will be consulted to determine the degree to which the student's disability either caused or is affected by the discrimination or policy violation. In addition, due process procedures required for persons with disabilities under state and federal law shall be followed.

d.

The Principal or Title IX Coordinator (i.e., the investigator) shall submit a copy of all investigation and interview documentation to the Superintendent.

e.

The investigator shall report back to both the target and the accused, notifying them in writing, and also in person as appropriate regarding the outcome of the investigation and the action taken to resolve the complaint. The investigator shall instruct the target to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.

f.

The investigator shall notify the target that if he/she desires further investigation and action, he/she may request a district level investigation by contacting the Superintendent of Schools. The investigator shall also notify the target of his/her right to contact the U.S. Department of Education's Office for Civil Rights and/or a private attorney. Employees may also contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.

If the initial investigation results in a determination that sexual harassment did occur, the investigator will promptly notify the Superintendent, who shall then take prompt disciplinary action in accordance with district policy, the district code of conduct, the applicable collective bargaining agreement or state and federal law. If a complaint received by the Principal or the Title IX Coordinator contains evidence or allegations of serious or extreme harassment, such as employee to student harassment, criminal touching, quid pro quo (e.g., offering an academic or employment reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint shall be referred promptly to the Superintendent. In addition, where the Principal or the Title IX coordinator has a reasonable suspicion that the alleged harassment involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact appropriate child protection and law enforcement authorities. Where criminal activity is alleged or suspected by a district employee, the accused employee shall be suspended pending the outcome of the investigation, consistent with all contractual or statutory requirements.

ESMCSD Policy Book

0110-R Any party who is not satisfied with the outcome of the initial investigation by the Principal or the Title IX coordinator may request a district-level investigation by submitting a written complaint to the Superintendent within 30 days. B.

District-level Procedure

The Superintendent shall promptly investigate and resolve all sexual harassment complaints that are referred to him/her by a Principal or Title IX coordinator, as well as those appealed to the Superintendent following an initial investigation by a Principal or Title IX coordinator. In the event the complaint of sexual harassment involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to a trained investigator not employed by the district for investigation. The district level investigation should begin as soon as possible but not later than three working days following receipt of the complaint by the Superintendent or Board President. In conducting the formal district level investigation, the district will use investigators who have received formal training in sexual harassment investigation or that have previous experience investigating sexual harassment complaints. If a district investigation results in a determination that sexual harassment did occur, prompt corrective action will be taken to end the harassment. Where appropriate, district investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint. No later than 30 days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged harasser, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 days following receipt of the complaint. The target and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings. In addition, targets have the right to register sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights. Employee targets also have the right to register complaints with the federal Equal Employment Opportunity Commission and the New York State Division of Human Rights. Nothing in these regulations shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court. Retaliation Prohibited Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing ESMCSD Policy Book

0110-R phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination. Discipline/Penalties Any individual who violates the sexual harassment policy by engaging in prohibited sexual harassment will be subject to appropriate disciplinary action. Disciplinary measures available to school authorities include, but are not limited to the following: Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law. Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights. Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment. Vendors: Penalties may range from a warning up to and including loss of district business. Other individuals: Penalties may range from a warning up to and including denial of future access to school property. False Complaints False or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant. Training All students and employees shall be informed of this policy in student and employee handbooks, on the district website and student registration materials. A poster summarizing the policy shall also be posted in a prominent location at each school. All secondary school student body officers shall receive district training about the policy at the beginning of each school year. In addition, age-appropriate curricular materials will be made available so that it can be incorporated in instruction K-12 to ensure that all students are educated to recognize and report sexual harassment. All new employees shall receive information about this policy and regulation at new employee orientation. All other employees shall be provided information at least once a year regarding this policy and the district's commitment to a harassment-free learning and working environment. Principals, Title IX coordinators, and other administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive yearly training on this policy, regulation and related legal developments.

ESMCSD Policy Book

0110-R Principals in each school and program directors shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the target. Adoption date: April 18, 2012

ESMCSD Policy Book

0112 ANTI-HARASSMENT The Board of Education affirms its commitment to nondiscrimination and recognizes its responsibility to provide an environment that is free of harassment and intimidation. Therefore, the Board prohibits and condemns all forms of harassment on the basis of race, color, creed, religion, national origin, political affiliations, gender, age, marital status, sexual orientation or disability by employees, school volunteers, students and non-employees such as contractors, vendors or other third parties who are participating in, observing or otherwise engaging in activities subject to the supervision and control of the district. The Board also prohibits harassment as retaliation for participation in an investigation into a complaint proceeding under the anti-discrimination statutes. This policy of nondiscrimination and anti-harassment will be enforced on school premises, in school buildings and at all school-sponsored events, programs and activities, including those that take place at locations off school grounds. It is intended that this policy apply to the dealings between and/or among all of the following: employees, students, vendors, contractors and others who do business with the district, volunteers, guests and visitors. For purposes of this policy, harassment shall mean communication (verbal, written or graphic) and/or physical conduct based on an individual’s actual or perceived race, color, creed, religion, national origin, political affiliations, gender, age, marital or veteran status or disability that: a)

has the purpose or effect of substantially or unreasonably interfering with an individual’s work performance or is used as a basis for employment decisions (including terms and conditions of employment) affecting such individual; and or creates an intimidating, hostile or offensive work environment;

b)

has the purpose or effect of substantially or unreasonably interfering with a student’s academic performance or participation in an educational or extracurricular activity, or creates an intimidating, hostile or offensive learning environment; and/or effectively bars the student’s access to an educational opportunity or benefit;

c)

otherwise adversely affects the employment and/or educational opportunities and benefits provided by the district.

The district will act to promptly investigate all complaints, verbal or written, formal or informal, of harassment based on any of the characteristics listed above; and will promptly take appropriate action to protect individuals from further harassment. Reporting Any employee, student or other member of the above-named group who believes he/she has been a victim of harassment in the school environment shall immediately report such alleged harassment. Such report shall be directed to or forwarded to the district’s designated complaint officer(s) through informal and/or formal complaint procedures as developed by the Superintendent. It is recommended that any such complaints be in writing, although verbal complaints of alleged harassment will also be promptly investigated. In the event that the ESMCSD Policy Book

0112 complaint officer is the alleged offender, the report will be directed to the next level of supervisory authority. Any individual who is aware of and/or has knowledge of, or witnesses any possible occurrence of harassment should also report such conduct to the designated complaint officer. Retaliation The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of harassment. Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those involved in the investigation of the harassment complaint have not suffered retaliation. The Superintendent shall develop regulations to implement this policy. Cross-ref:

Ref:

Equal Opportunity, 0100 Sexual Harassment, 0110 Staff Complaints and Grievances, 9140.1

Education Amendments of 1972, Title IX, 20 U.S.C.§1681 et seq. Title VII of Civil Rights Act (1964), 42 U.S.C. §2000-e; 34 CFR §100 et seq. 29 USC §§794 et seq. (Rehabilitation Act of 1973) 20 USC §§1400 et seq. (Individuals with Disabilities Education Act) 42 U.S.C. §12132, et seq. (Americans with Disabilities Act)

Adoption date: January 17, 2007

ESMCSD Policy Book

0115 STUDENT HARASSMENT AND BULLYING PREVENTION AND INTERVENTION The Board of Education is committed to providing an educational and working environment that promotes respect, dignity and equality. The Board recognizes that discrimination, such as harassment, hazing and bullying, are detrimental to student learning and achievement. These behaviors interfere with the mission of the district to educate its students and disrupt the operation of the schools. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts. To this end, the Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events. Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, such as cyberbullying, which creates or can be reasonably expected to create a material and substantial interference with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students are prohibited, and may be subject to disciplinary consequences. Bullying Bullying, under the amended Dignity for All Students Act, has the same meaning as harassment (see below). The accompanying regulation provides more guidance regarding the definition and characteristics of bullying to help the school community recognize the behavior. Cyberbullying Cyberbullying is defined as harassment (see below) through any form of electronic communication. Discrimination Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as enumerated in the Definitions section, under Harassment, below). Hazing Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur. Harassment Harassment has been defined in various ways in federal and state law and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent misbehavior from escalating in order to promote a positive school environment and to limit liability. The Dignity for All Students Act (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering

ESMCSD Policy Book

0115 with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression). For the purpose of this definition the term “threats, intimidation or abuse” shall include verbal and non-verbal actions. In some instances, bullying or harassment may constitute a violation of an individual’s civil rights. The district is mindful of its responsibilities under the law In order to streamline the wording of this policy and regulation the term bullying will be used throughout to encompass harassment, intimidation, cyberbullying and hazing behaviors. Prevention The school setting provides an opportunity to teach children, and emphasize among staff, that cooperation with and respect for others is a key district value. A program geared to prevention is designed to not only decrease incidents of bullying but to help students build more supportive relationships with one another by integrating the bullying prevention program into classroom instruction. Staff members and students will be sensitized, through district-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur. Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes or gender expression or identities will be included in the instructional program K-12.

ESMCSD Policy Book

0115 In order to implement this program the Board will designate at its annual organizational meeting a Dignity Act Coordinator (DAC)] for each school in the district. One of the DAC’s will be designated as the district-wide coordinator whose responsibilities are described in the accompanying regulation. The role of each DAC is to oversee and enforce this policy in the school to which they are assigned. In addition, the Superintendent will establish a district-wide Task Force on Bullying Prevention,] as well as Bullying Prevention Coordinating Committees in each school that will be overseen by the district-wide DAC. Committees will include representation from staff, administration, students and parents. The district-wide task force and the school-level committee will assist the administration in developing and implementing specific prevention initiatives, including early identification of bullying and other strategies. In addition, the program will include reporting, investigating, remedying and tracking allegations of bullying. The accompanying regulation provides more detail on the specific programs and strategies implemented by the district. Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages. Intervention will emphasize education and skill-building. Successful intervention may involve remediation. Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior and protect the target. Remediation may be targeted to the individual(s) involved in the bullying behavior or environmental approaches which are targeted to the school or district as a whole. In addition, intervention will focus upon the safety of the target. Staff is expected, when aware of bullying, to report it in accordance with this policy, refer the student to designated resources for assistance, or to intervene in accordance with this policy and regulation. Provisions for students who do not feel safe at school The Board acknowledges that, notwithstanding actions taken by district staff, intervention may require a specific coordinated approach if the child does not feel safe at school. Students who do not feel safe at school are limited in their capacity to learn and reach their academic potential. Staff, when aware of bullying, should determine if accommodations are needed in order to help ensure the safety of the student and bring this to the attention of the building principal or DAC. The building principal, other appropriate staff, the student and the student’s parent will work together to define and implement any needed accommodations. The district recognizes that there is a need to balance accommodations which enhance student safety against the potential to further stigmatize the targeted student. Therefore, each case will be handled individually. The student, parent/guardian, and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student. Follow-up discussion and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued.

ESMCSD Policy Book

0115 Incident Reporting and Investigation Although it can be difficult to step forward, the district can’t effectively address bullying if incidents are not reported. Students who have been bullied, parents whose children have been bullied or other students who observe bullying behavior are encouraged and expected to make a verbal and/or written complaint to any school personnel in accordance with the training and guidelines provided. Staff who observe or learn of incident(s) of bullying are required, in accordance with State law, to make an oral report to the building principal or DAC within one school day and to fill out the district reporting form within two school days. If a staff person is unsure of the reporting procedure, he/she is expected to inquire about how to proceed by speaking with his/her supervisor. A district employee may be deemed to have permitted unlawful discrimination or harassment if he/she fails to report an observed incident, whether or not the target complains. At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy, or, if applicable, [0100, Equal Opportunity and Nondiscrimination, or 0110, Sexual Harassment] and the district’s Code of Conduct.. The DAC will prepare a report for the Superintendent based on complaints filed. An equitable and thorough investigation will be carried out by DAC or Building Principal in accordance with the accompanying regulation. In addition, the results of the investigation shall be reported back to both the target and the accused as specified in the accompanying regulation. If either of the parties disagrees with the results of the investigation, they can appeal the findings in accordance with the regulations that accompany this policy. Verified bullying incidents that meet the criteria established by the state will be included in the statewide reporting system when applicable, in accordance with law and regulation. The Board will receive the annual VADIR report, as well as any other state-required report relevant to bullying and/or school climate, for each building and for the district as whole. Based on the review of the data, the Board may consider further action, including but not limited to modification of this policy and additional training. Disciplinary Consequences/Remediation While the focus of this policy is on prevention, acts of bullying may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action that is measured, balanced and ageappropriate will be taken by the administration in accordance with the district’s Code of Conduct, as applicable. If the behavior rises to the level of criminal activity, law enforcement will be contacted. Consequences for a student who commits an act of bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and must be consistent with the district’s Code of Conduct.

ESMCSD Policy Book

0115 Non-Retaliation All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind. Training The Board recognizes that in order to implement an effective bullying prevention and intervention program, professional development is needed. The Superintendent, the districtwide DAC and the District Professional Development Team will incorporate training to support this program in new teacher orientation and the annual professional development plan, as needed. Training opportunities will be provided for all staff, including but not limited to bus drivers, cafeteria and hall monitors and all staff who have contact with students. The DACs will be trained in accordance with state requirements and will continue their professional development so as to successfully support this policy and program. Dissemination, Monitoring and Review, This policy, or a plain language summary, shall be published in student registration materials, student, parent and employee handbooks, and posted on the district’s website. A bullying complaint form will be available on the district’s website. The district will ensure that the process of reporting bullying is clearly explained to students, staff and parents on an annual basis. Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration. The district will ensure that reporting of information to the public in conjunction with this policy will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA). Cross-ref:

0100, Equal Opportunity and Nondiscrimination 0110, Sexual Harassment 4321, Programs for Students with Disabilities 5300, Code of Conduct 5710. Violent and Disruptive Incident Reporting 9700, Staff Development

Ref:

Dignity for All Students Act, Education Law, §10 – 18 Americans with Disabilities Act, 42 U.S.C. §12101 et seq. Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq. Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; 34 CFR §100 et seq. Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq. §504, Rehabilitation Act of 1973, 29 U.S.C. §794 Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq. Executive Law §290 et seq. (New York State Human Rights Law) Education Law §§313(3), 3201, 3201-a 8 NYCRR 100.2(c), (l), (jj), (kk); 119.6 Tinker v. Des Moines Independent Community School Dist., 393 US 503,

ESMCSD Policy Book

(1969) Doninger v. Niehoff, 527 F.3d 41 (2d. Cir. 2008) Pollnow v. Glennon, 594 F.Sup. 220, 224 aff’d 757 F.2d. 496 Davis v. Monroe County Board of Education, 526 U.S. 629 (1999) Gebser v. Lago Vista Independent School District, 524 U.S, 274 (1998) Faragher v. City of Boca Raton, 524 U.S. 775 (1998) Burlington Industries v. Ellerth, 524 U.S. 742 (1998) Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992) Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) Appeal of K.S. 43 Ed. Dept. Rep. 492 Appeal of Ravick 40 Ed. Dept. Rep. 262 Appeal of Orman 39 Ed. Dept. Rep. 811 Adoption date: September 19, 2012

ESMCSD Policy Book

0115-R STUDENT HARASSMENT AND BULLYING PREVENTION AND INTERVENTION REGULATION The Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing, intimidation and bullying on school grounds, school buses and at all school-sponsored activities, programs and events. Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, such as cyberbullying, which can be reasonably expected to materially and substantially interfere with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students, are prohibited, and may be subject to disciplinary consequences. Definitions Bullying Under the amended Dignity for All Students Act (DASA) bullying and harassment are equivalent and used interchangeably. In order to facilitate implementation, provide meaningful guidance and prevent behaviors from rising to a violation of law, bullying is further understood to be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. Bullying may be premeditated or a sudden activity. It may be subtle or easy to identify, done by one person or a group. Bullying often includes the following characteristics: 1.

Power imbalance - occurs when a bully uses his/her physical or social power over a target.

2.

Intent to harm - the bully seeks to inflict physical or emotional harm and/or takes pleasure in this activity.

3.

Threat of further aggression - the bully and the target believe the bullying will continue.

4.

Terror - when any bullying increases, it becomes a “systematic violence or harassment used to intimidate and maintain dominance.” (Barbara Coloroso, The Bully, The Bullied & The Bystander, 2003)

There are at least three kinds of bullying: verbal, physical and social/relational. 

Verbal bullying which can be delivered orally, electronically or in writing includes name calling, insulting remarks, verbal teasing, frightening phone calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs, anonymous notes, etc.



Physical bullying includes poking, slapping, hitting, tripping or causing a fall, choking, kicking, punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and personal property, or threatening gestures.

ESMCSD Policy Book

0115-R 

Social or relational bullying includes excluding someone from a group, isolating, shunning, spreading rumors or gossiping, arranging public humiliation, undermining relationships, teasing about clothing, looks, giving dirty looks, aggressive stares, etc.

The New York State Education Department provides further guidance on bullying and cyberbullying prevention on the following website: http://www.p12.nysed.gov/technology/internet_safety/documents/cyberbullying.html

Discrimination Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as listed under Harassment as defined below). Harassment Harassment has been defined in various ways in federal and state law (including the penal law) and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent behaviors from escalating to violations of law and, instead, to promote a positive school environment and limit liability. The Dignity for All Students Act (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:           

race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression). o Gender identity is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth. o Gender expression is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice or mannerisms.

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

0115-R Hazing Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur. Prevention The Board recognizes that the school setting provides an opportunity to teach children, and emphasize among staff, that positive relationships and respect for others is a key district value. Therefore, on September 2011, the Board adopted Positive Behavior Interventions and Supports (PBIS) as a Board of Education Goal. PBIS is a preventative systems change geared to increase appropriate behavior and to promote a positive culture. The systems involved in PBIS, for example, the development and teaching of school-wide positive expectations and utilizing data for decision making purposes, are the foundations of the Dignity for All Students Act (DASA). Just as the PBIS system is designed to decrease negative behaviors, the DASA system is designed to decrease incidents of bullying. In addition, both PBIS and DASA help students build more supportive relationships with one another by teaching positive expectations and by integrating bullying prevention strategies within all classroom instruction. Staff members and students will be sensitized, through district-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur. Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes or gender expression or identities will be included in the instructional program K-12. Prevention is the cornerstone of the district’s effort to address bullying. The components of such an effort involve the following: 

Following the principles and practices of “Educating the Whole Child Engaging the Whole School: Guidelines and Resources for Social and Emotional Development and Learning (SEDL) in New York State – Adopted by the Board of Regents July 18, 2011.” District curriculum will emphasize developing empathy, tolerance and respect for others.



Learning about and identifying the early warning signs and precursor behaviors that may lead to bullying.



Gathering information about bullying at school directly from students (through surveys and other mechanisms); analyzing and using the data gathered to assist in decisionmaking about programming and resource allocation.



Establishing clear school-wide and classroom rules about bullying consistent with the district’s Code of Conduct.

ESMCSD Policy Book

0115-R 

Training adults in the school community to respond sensitively and consistently to bullying.



Raising awareness among adults through training, of the school experiences of marginalized student populations (as enumerated in the Definitions section above), social stigma in the school environment, gender norms in the school environment, and strategies for disrupting bullying or other forms of violence.



Providing adequate supervision, particularly in less structured areas such as in the hallways, cafeteria, school bus and playground.



Raising parental awareness and involvement in the prevention program and in addressing problems.



Using educational opportunities or curriculum, including, if applicable, the Individual Educational Program (IEP), to address the underlying causes and impact of bullying.

Role of the Dignity Act Coordinator(s) (DAC) The Board of Education will annually designate a staff member, who has been thoroughly trained in human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression), and sex, as the Dignity Act Coordinator (DAC) for each school, accountable for implementation of this policy. In addition, one will be designated as the district-wide coordinator who will be responsible for ensuring equivalency in programming across buildings. The building-level DAC will be responsible for coordinating and enforcing this policy and regulation in the school to which they are assigned, including but not limited to coordination of:    

professional development for staff members, the complaint process, and management of the Dignity Act’s civility curriculum components. the work of the building-level DASA/PBIS committees

The DASA/PBIS Committees will oversee any concerns regarding health safety, bullying prevention, and promoting a positive school-wide culture. The DASA/PBIS Committees will assist the administration in developing and implementing specific initiatives, including early identification of bullying and other strategies. In addition, the program will include reporting, investigating, remedying and tracking allegations of bullying. The committees will include representation from professional staff, non-professional staff, students (when appropriate), parents, and administration. The accompanying regulation provides more detail on the specific programs and strategies implemented by the district. Incident(s) Reporting In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets and persons with knowledge of bullying, report such behavior immediately to the Dignity Act Coordinator as soon as possible after the incident so that it may be effectively investigated and resolved. The district will also make a bullying complaint form

ESMCSD Policy Book

0115-R available on its website to facilitate reporting. The district will collect relevant data from written and verbal complaints to allow for systematic reporting. Staff who observe or learn of incident(s) of bullying are required, in accordance with state law, to orally report it to the Building Principal or DAC within one school day and to fill out the district reporting form within two school days. If a staff person is unsure of the reporting procedure, he/she is expected to inquire about how to proceed by speaking with his/her supervisor. A district employee may be deemed to have permitted unlawful discrimination or harassment if he/she fails to report an observed incident, whether or not the target complains. The district will thoroughly, promptly and equitably investigate all complaints, formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner, although limited disclosure may be necessary to complete a thorough investigation. In order to assist investigators, individuals should document the bullying as soon as it occurs and with as much detail as possible including: the nature of the incident(s); dates, times, places it has occurred; name of perpetrator(s); witnesses to the incident(s); and the target's response to the incident. Confidentiality It is district policy to respect the privacy of all parties and witnesses to bullying. To the extent possible, the district will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual's desire for confidentiality must be balanced with the district's legal obligation to provide due process to the accused, to conduct a prompt and thorough investigation, and/or to take necessary action to resolve the complaint, the district retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants. If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that: 1. 2. 3. 4.

the request may limit the district's ability to respond to his/her complaint; district policy and federal law prohibit retaliation against complainants and witnesses; the district will attempt to prevent any retaliation; and the district will take strong responsive action if retaliation occurs.

If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the district from responding effectively to the bullying and preventing the bullying of other students.

ESMCSD Policy Book

0115-R Investigation and Resolution Procedure A.

Initial (Building-level) Procedure

Whenever a complaint of bullying is received whether verbal or written, it will be subject to a thorough preliminary review and investigation. Except in the case of severe or criminal conduct, the Dignity Act Coordinator shall make all reasonable efforts to resolve complaints informally at the school level. The goal of informal procedures is to end the bullying, prevent future incidents, ensure the safety of the target and obtain a prompt and equitable resolution to a complaint. As soon as possible, but no later than three school days following receipt of a complaint, the Dignity Act Coordinator will begin an investigation of the complaint by: 

Reviewing any written documentation provided by the target(s).



Conducting separate interviews of the target(s), alleged perpetrator(s), and witnesses, if any, and documenting the conversations.



Providing the alleged perpetrator(s) a chance to respond and notify him/her that if objectionable behavior has occurred, it must cease immediately. The individual will be made aware of remediation opportunities as well as potential disciplinary consequences.



Determining whether the complainant needs any accommodations to ensure his/her safety, and following up periodically until the complaint has been resolved. Accommodations may include, but are not limited to: o A “permanent” hall pass that allows the student to visit a designated adult at any time; o Access to private bathroom facilities; o Access to private locker room facilities; o An escort during passing periods; o If the student feels unsafe in a specific class, an opportunity for individual tutoring or independent study until the case is resolved; o An opportunity for independent study at home with district-provided tutor until the case is resolved; o Permission to use personal cell phone in the event that the student feels threatened and needs immediate access to parent or guardian; o Assignment of a bus monitor.

The district recognizes that there is a need to balance accommodations which enhance student safety against the potential to further stigmatize the targeted student. Therefore, each case will be handled individually, and the student, parent/guardian, and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student. ESMCSD Policy Book

0115-R Follow-up discussion and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued. Parents of student targets and accused students should be notified within one school day of allegations that are serious or involve repeated conduct. Where appropriate, informal methods may be used to resolve the complaint, including but not limited to: 

discussion with the accused, informing him or her of the district's policies and indicating that the behavior must stop;



suggesting counseling, skill building activities and/or sensitivity training;



conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;



requesting a letter of apology to the target;



writing letters of caution or reprimand; and/or



separating the parties.

Appropriate disciplinary action shall be recommended and imposed in accordance with district policy, the applicable collective bargaining agreement or state law. The district will make every reasonable effort to attempt to first resolve the misconduct through non-punitive measures. The investigator shall report back to both the target and the accused within one week notifying them regarding the outcome of the investigation and the action taken to resolve the complaint. The actions taken will be in conformance with the Remediation/Discipline/Penalties section of this regulation. The target shall report immediately if the objectionable behavior occurs again or if the alleged perpetrator retaliates against him/her. If a complaint contains evidence or allegations of serious or extreme bullying, or a civil rights violation, the complaint shall be referred promptly to the Superintendent. The complainant will also be advised of other avenues to pursue their complaint, including contact information for state and federal authorities. In addition, where the Dignity Act Coordinator has a reasonable suspicion that the alleged bullying incident involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact the school attorney, appropriate child protection and, if appropriate, law enforcement authorities. Any party who is not satisfied with the outcome of the initial investigation may request a districtlevel investigation by submitting a written complaint to the Superintendent within 30 days.

ESMCSD Policy Book

0115-R B.

District-level Procedure

The Superintendent or his/her designee shall promptly investigate and equitably resolve all bullying complaints that are referred to him/her, as well as those appealed to the Superintendent following an initial investigation. In the event the complaint involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to an appropriate independent individual for investigation. The district-level investigation should begin as soon as possible [choose time frame; i.e.] but not later than three school days following receipt of the complaint by the Superintendent or Board President. In conducting the formal district-level investigation, the district will endeavor to use individuals who have received formal training regarding such investigations or that have previous experience investigating such complaints. If a district-level investigation results in a determination that bullying did occur, prompt corrective action will be taken to end the misbehavior in accordance with the Remediation/Discipline/Penalties section of this regulation. No later than 30 days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged perpetrator, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 days following receipt of the complaint. Any party who is not satisfied with the outcome of the district-level investigation may appeal to the Board of Education by submitting a written request to the Board President within 30 days. C.

Board-level Procedure

When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board. The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 school days of the receipt of the request of the complainant. The Board shall render a decision in writing within 15 school days after the hearing has been concluded. The district shall retain documentation associated with complaints and investigations in accordance with Schedule ED-1. Retaliation Prohibited Any act of retaliation against any person who opposes bullying behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified assisted, or participated in any manner in an investigation, proceeding, or hearing of a bullying complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, ESMCSD Policy Book

0115-R bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action up to and including suspension or termination. Remediation/Discipline/Penalties Any individual who violates this policy by engaging in bullying will be subject to appropriate action, which may include disciplinary action. Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target of the act. Appropriate remedial measures may include, but are not limited to: 

Restitution and restoration;



Peer support group;



Corrective instruction or other relevant learning or service experience;



Changes in class schedule;



Supportive intervention;



Behavioral assessment or evaluation;



Behavioral management plan, with benchmarks that are closely monitored;



Student counseling;



Parent conferences; or



Student treatment or therapy.



Environmental remediation may include, but is not limited to:



School and community surveys or other strategies for determining the conditions contributing to the relevant behavior;



Modification of schedules;



Adjustment in hallway traffic and other student routes of travel;



Targeted use of monitors;



Parent education seminars/workshops;



Peer support groups.

Disciplinary measures available to school authorities include, but are not limited to the following: Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the Code of Conduct and applicable law. ESMCSD Policy Book

0115-R Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights. Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment. Vendors: Penalties may range from a warning up to and including loss of district business. Other individuals: Penalties may range from a warning up to and including denial of future access to school property. Policy Dissemination All students and employees shall be informed of this policy in student and employee handbooks, on the district website and student registration materials. A poster summarizing the policy shall also be posted in a prominent location at each school. All employees shall receive information about this policy and regulation at least once a year. Principals in each school shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures for filing a complaint and information about the impact of bullying on the target and bystanders. Training Training needs in support of this bullying prevention and intervention program will be reflected in the district’s annual professional development plan, new teacher orientation, in curriculum and will be considered in the budget process. The DAC(s), administrative employees and other staff, such as counselors or social workers who have specific responsibilities for investigating and/or resolving complaints of bullying, shall receive yearly training to support implementation of this policy, regulation and on related legal developments. Adoption Date: January 9, 2013

ESMCSD Policy Book

Incident of Bullying, Discrimination & Harassment Student Reporting Form (Dignity For All Students Act Reporting)

New York State’s Dignity For All Students Act (The Dignity Act) seeks to provide the State’s public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, a school bus and/or at a school function. The Dignity Act was signed into law on September 13, 2010 and took effect on July 1, 2012. Bullying generally involves the following characteristics: 

An Imbalance of Power (real or perceived): Children who bully use their power, such as physical strength, access to embarrassing information or popularity, to control or harm others.



The Intent to Cause Harm: The person bullying has a goal to cause harm.



Repetition: Bullying behaviors generally happen more than once or have the potential to happen more than once.

The purpose of this form is to inform the district of an incident or series of incidents of bullying and/or harassment so we can investigate and take appropriate steps. If you feel unsafe, or if your child feels that way, fill out this form, but we urge you to speak directly to the Dignity Act Coordinator (DAC) at your school as soon as possible, so that we may address your concerns. The Dignity Act Coordinators (DAC) are: School Junior Senior High Eastport Elementary Dayton Avenue South Street

Dignity Act Coordinator Peter Gomez Steven Giacolone Joseph Steimel Andy Herbst Dr. John Christie Heather Joy-Basirico Dr. Robin Barbera Dr. Gary Stein

Contact 801-3279 (3270) 801-3292 (3290) 801-3175 (3171) 801-3181 (3171) 801-3083 (3081) 801-3100 (3081) 801-3143 (3141) 801-3152 (3141)

Please complete the entire form to the best of your ability. Student Name:_______________________________ Today’s Date: _________ Student ID:_______________ School:____________________ Grade:_______ Where did the incident(s) happen (choose all that apply)? Date of incident (s) ____/____/_____, ___/____/____, ____/____/____

ESMCSD Policy Book

☐ On school property ☐ On a school bus

☐ At a school-sponsored activity or event off school property ☐ On the way to/from school

Describe the incident(s). ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

List the name(s) of the individual(s) accused of bullying and/or harassment. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Were there any witnesses? ___Yes ____No If yes, please list the names of the individual(s). ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Why do you believe this incident occurred (motive)? __________________________________ I certify that all statements on this form are accurate and true to the best of my knowledge. ________________________________________ Signature

_____________________ Date

Please attach any supporting documentation (i.e., copies of e-mails, notes, photos, etc.). Return this form to the Dignity Act Coordinator at your school. In addition, you may contact the District Dignity Act Coordinator, William Madsen, by either visiting the athletic office at the junior-senior high school or by calling 631-801-3311. Note on confidentiality: In order to investigate the complaint, the district will disclose the content of the complaint only to those persons who have a need to know. This form will not be shown to the accused student(s)/staff.

Adoption date: January 9, 2013

ESMCSD Policy Book

0115.1 STUDENT-FRIENDLY VERSION OF STUDENT HARASSMENT AND BULLYING PREVENTION AND INTERVENTION POLICY All Eastport South Manor schools will continue to promote respect, dignity and equality free of incidents of bullying, harassment, and discrimination. Bullying behavior affects targets, bullies and bystanders. Bullying, harassment, and discrimination are not allowed on school property, on the school bus, or at school activities. Acts of bullying and harassment are not allowed, either done face-to-face, or by cyberbullying. Sometimes, bullying, harassment, and/or discrimination can be so harmful that the person’s actions violate the law. The law prohibits bullying, harassment, and discrimination. Discrimination means that a student is treated unequally or is not given something they should receive that other students do because of the student’s race, their skin color, their weight, their national origin (the country they or their family are from), their religion, their disability, their sexual orientation (because they might like or want to date boys or girls), their sex (because they are a boy or a girl), or their gender (because they may express themselves differently than other boys or girls). DEFINITIONS: “Bullying” and “Harassment”: 1. “Bullying” and “harassment” mean a school setting where:  Writing;  Words;  Physical contact; and/or  Electronic devices are used to cause someone to get hurt, to cause someone to be afraid that they may be hurt, or to interfere with a student’s educational opportunities, performance, or wellbeing. 2. “Bullying” and “harassment” includes: name calling, drawing pictures, jokes, hitting, etc. 3. This behavior may include: race, color, weight, national origin (which country a student is from or which country his family is from), ethnic group, religion, physical or mental ability or disability, sexual orientation (whether a boy likes or wants to date boys or girls, or whether a girl likes or wants to date boys or girls), gender, sex (whether someone is a boy or a girl), marital status, gender identity (if, for example, a boy expresses himself differently from other boys or a girl expresses herself differently from other girls), socio-economic status (whether a student or his family has, for example, a lot of money or not a lot of money), and familial status (whether, for example, a student has one parent or two parents, two fathers, two mothers, no parents, a lot of brothers and sisters, or no brothers or sisters). 4. “Bullying” and “harassment” do not have to be meant to harm someone, be aimed at one person, or be done over and over again.  

ESMCSD Policy Book

0115.1 5. “Cyberbullying” is a form of bullying and means bullying or harassment done through an electronic device or an electronic communication. “Electronic communication” means use of electronics, including a telephone, cell phone, computer, laptop, pager, or other hand-held, for email, text messages, instant message, voicemail, social networking, webpage, video, blogs, twitter, etc. REPORTING: It is important that all victims of bullying and anyone with information about bullying, harassment, or similar behavior tell an adult in the school immediately. Bullies may face:        

Parent called Warning Parent conference Detention In School Suspension (ISS) Exclusion from school program or activities Out of School Suspension (OSS) Other consequences

The school will investigate all information in a private way. Students may not retaliate because of a reported situation, and students who report bullying or harassment may not be retaliated against. Adopted: November 28, 2012

ESMCSD Policy Book

0150 HIV/AIDS The Board of Education recognizes the public concern over the health issues surrounding Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). The Board recognizes, based upon the current state of medical knowledge, that the virus associated with AIDS is not easily transmitted and there is no evidence that AIDS or the HIV virus can be transmitted by casual social contact in the open school setting. The Board further recognizes the privacy rights of students diagnosed with HIV infection or AIDS and their right to a free appropriate public education; the rights of HIV infected employees to privacy and reasonable accommodations; the rights of all non-infected individuals to a safe environment free of any significant risks to their health; and the rights of all students to instruction regarding the nature, transmission, prevention, and treatment of HIV infection, pursuant to the Commissioner’s Regulation, Part 135.3. No individual shall be denied access to any program or activity sponsored by or conducted on the grounds of the district, solely on the basis of his/her status as an HIV-infected individual. Students It is the policy of the Board that: 1.

A student’s education shall not be interrupted or curtailed solely on the basis of his/her HIV status. HIV-infected students shall be afforded the same rights, privileges, and services available to every other student.

2.

No student shall be referred to the Committee on Special Education solely on the basis of his/her HIV status. A student who is infected with HIV shall be referred to the Committee on Special Education (CSE) only when the student’s disability interferes with his/her ability to benefit from instruction. Such referral shall be made in accordance with Part 200 of Commissioner’s Regulations.

3.

If a student who is HIV-infected requires special accommodations to enable him/her to continue to attend school, the student shall be referred to the appropriate multidisciplinary team as required by §504 of the Rehabilitation Act.

4.

No disclosure of HIV-related information involving a student shall be made without first obtaining the informed consent of the parent, guardian or student on the Department of Health (DOH) approved form.

Employees It is the policy of the Board that: 1.

No employees shall be prevented from continuing in his/her employment solely on the basis of his/her HIV status; such employees are entitled to all rights, privileges, and services accorded to other employees and shall be entitled to reasonable accommodations to the extent that such accommodations enable such individuals to perform their duties.

ESMCSD Policy Book

0150 2.

No disciplinary action or other adverse action shall be taken against any employee solely on the basis of his/her status as an HIV infected or a person with AIDS. Such action will only be taken where, even with the provision of reasonable accommodations, the individual is unable to perform his/her duties.

3.

All employees shall have access to the district’s exposure control plan as required by the federal Office of Safety and Health Association (OSHA).

4.

In accordance with OSHA regulations, training in universal precautions and infection control shall be offered to all employees and shall be provided to every employee with potential occupational exposure.

Confidentiality Any information obtained regarding the HIV status of an individual connected to the school shall not be released to third parties, except to those persons who are: 1.

named on an Authorization for Release of Confidential HIV Related Information form;

2.

named in a special HIV court order; or

3.

as indicated in Public Health Law §2782, when necessary to provide health care to the individual (i.e., to the school physician and the school nurse).

Any employee who breaches the confidentiality of a person who is HIV infected shall be subject to disciplinary action in accordance with applicable law and/or collective bargaining agreement. To protect the confidentiality of an HIV infected individual, any documents identifying the HIV status of such individuals shall be maintained by the school nurse (or another authorized individual) in a secure file, separate from the individual’s regular file. Access to such file shall be granted only to those persons named on the Department of Health approved Authorization for Release of Confidential HIV Related Information form, or through a special HIV court order. When information is disclosed, a statement prohibiting further redisclosure, except when in compliance with the law, must accompany the disclosure. HIV/AIDS Testing No school official shall require a student or employee to undergo an HIV antibody test or other HIV-related test. In accordance with OSHA regulations in the event of an incident involving the exposure one individual to a potentially infectious body fluids of another individual, particularly blood or any other fluid which contains visible blood, an HIV test may be requested but NOT required. The request and refusal must be documented. However, school officials shall not be precluded from requiring a student or employee to undergo a physical examination pursuant to Education Law §§903 and 913, when other illness is suspected (e.g., tuberculosis), as long as no HIV antibody test or other HIV-related test is administered without the individual’s informed consent as required by Public Health Law §27-F. To implement this policy, the Superintendent of Schools is directed to arrange for staff training, to distribute copies of this policy to all employees of the district, and to include it in the district’s ESMCSD Policy Book

0150 student handbook, and to establish an advisory council to make recommendations on the development, implementation, and evaluation of HIV/AIDS instruction as a part of comprehensive health education. Cross-ref: Ref:

5420, Student Health Services

29 USC §§794 et seq. (Rehabilitation Act of 1973) 20 USC §§1400 et seq. (Individuals with Disabilities Education Act) 42 U.S.C. §12132, et seq. (Americans with Disabilities Act) 34 CFR Part 104 29 CFR Part 1910.1030 Executive Law §296 (Human Rights Law) Education Law §§903; 913 Public Health Law, Article 27-F 8 NYCRR §§29.1(g); l35.3; 136.3 An Implementation Package for HIV/AIDS Policy in New York State School Districts, NYS HIV/AIDS Prevention Education Program, June 17, 1998

Adoption date: January 17, 2007

ESMCSD Policy Book

0200 SCHOOL DISTRICT GOALS AND OBJECTIVES The Board of Education establishes the following goals and objectives to further its educational philosophy: a. Employ the best possible school staff, including both professional and support personnel; b. Encourage the development of meaningful interpersonal relationships among the students, staff and community; c. Ensure that staff, students and parents are afforded opportunities for meaningful participation in the development and evaluation of programs and policies; d. Strive for maximum efficiency in the use of district resources to meet the goals and objectives of the various programs and services; e. Provide educational programs and services which fulfill the needs of the district and comply with statutes and regulations; f. Promote the development of a “community school” in services to community members who are not part of the regularly attending student body. Adoption date: January 17, 2007

ESMCSD Policy Book

0300 ACCOUNTABILITY The Board of Education acknowledges that it is directly accountable to the community it has been elected to serve, and is committed to engaging in a continuous assessment of all district conditions affecting education. The Board recognizes that a comprehensive accountability system is necessary to improve the effectiveness of the district’s schools by keeping the primary focus on student achievement and on what can and should be done to improve that achievement. Consistent with its obligations and commitments, the Board will: 1.

Request regular reports on student progress and needs, based on a variety of assessments to evaluate the quality and equity of education in the district, including instruction, services, and facilities (See Exhibit Attachment on Student Assessment).

2.

Evaluate the Superintendent’s performance in accordance with policy 0320, Evaluation of the Superintendent.

3.

Evaluate the Board’s performance in accordance with policy 0310, Board SelfEvaluation.

4.

Evaluate progress toward the achievement of district long- and short-term goals.

5.

Provide staff and board training opportunities.

6.

Fulfill governance responsibilities as required by state and federal law.

The Board acknowledges that publicizing the district’s progress and performance is important to maintaining the community’s trust and support. The Board is committed to keeping the public aware of such progress and performance on a regular basis. Cross-ref:

0000, Mission Statement and Vision 0200, School District Goals and Objectives 0310, Board Self-Evaluation 0320, Evaluation of the Superintendent 0330, Evaluation of Personnel 1000, Community Relations Goals

Adoption date: January 25, 2017

ESMCSD Policy Book

0300-E Accountability - Annual Assessment Reporting Exhibit The following reports will be presented to the Board annually, during the month of October. When appropriate, cohort results will be provided for grade levels K-6. Grades K-6 In addition to any Grades 3-8 NYSED State Assessment data, data reported will include: *ELA  Results of AIMSWEB and/or nationally normed third party assessment, conducted in September or October of the new school year, and a depiction of a minimum 5-year history. 

Results of Fountas and Pinnell Benchmarks conducted in May and June of previous year, conducted in September or October of the new school year, and a depiction of a minimum 5-year history.

Math  Results of AIMSWEB and/or nationally normed third party assessment, conducted in September or October of the new school year, and a depiction of a minimum 5-year history. Grades 7-8: In addition to any Grades 3-8 NYSED State Assessment data, data reported will include: *ELA:  Results of Grades 7 and 8 AIMSWEB and/or a nationally normed third party assessment, conducted in September and October of the new school year, and a depiction of a minimum 5- year history. Math:  Results of Grade 7 AIMSWEB and/or a nationally normed third party assessment, conducted in September and October of the new school year, and a depiction of a minimum 5-year history. 

**Results of Grade Science and mathematics Regents exams, and a depiction of a minimum 5-year history.

*Writing Assessments to be constructed during the 2016/2017 school year, administered during 2017-18, and results reported beginning 2017-2018 school year. **The Regents results reported will reflect the performance of the students who attended Eastport-South Manor Junior-Senior High School, and, therefore, may differ slightly from the NYSED School Report Card as reported on the NYSED web site which includes ESM students who attend out-of-district placements and ESM students re-taking the exams in January and August.

ESMCSD Policy Book

Grades 9-12  Graduation Rate: 10-year historical review  **Results of any course ending in a Regents Exam: 10-year historical review  Results of any course ending in an Advanced Placement Exam: 10-year historical review **The Regents results reported will reflect the performance of the students who attended Eastport-South Manor Junior-Senior High School, and, therefore, may differ slightly from the NYSED School Report Card as reported on the NYSED web site which includes ESM students who attend out-of-district placements and ESM students re-taking the exams in January and August. Districtwide Services Special Education:  Number of students classified on BEDS Day: 10-year historical review  Number and percentage of identified students on annual basis: 10-year historical review 504 Plans:  Number of students with 504 Plan on BEDS day:10-year historical review AIS: 

Number and percentage of students identified as needing AIS services by schools and their corresponding grade levels

ENL:  Number and percentage of students identified as needing ENL services by grade bands as follows: K-2, 3-6, 7-8, and 9-12; and a 10-year historical review of enrollment Review of Instructional Programs Based upon the results of the above data collection, a Review of Instructional Programs will be conducted in September and October to guide administration in a thorough review of programs and services being offered to students at the following levels and areas throughout the schools: ELA  Reading/Writing K-2  Reading/Writing 3-6  Reading/Writing 7-8 Math  Math K-2  Math 3-6  Math 7-8 Program reviews will focus on:  What do we expect students to learn?  How will we know what students have learned?  How will we respond to students who aren’t learning?

ESMCSD Policy Book

0310 BOARD SELF-EVALUATION The Board of Education is committed to the continuous improvement of the district and its own functioning. Accordingly, the members of the Board shall conduct an annual review, prior to the first Board meeting in June, to determine the degree to which they are meeting their responsibilities as Board members and the needs of their educational community. This self-evaluation shall be positive, frank and honest, and shall focus on evaluating the Board as a whole, not as individuals. The self-evaluation shall be based on the goals the Board sets for itself, not on goals it sets for the entire district. The results of the evaluation shall be used to establish priorities for action and specific goals and objectives to strengthen the operation of the Board. The Superintendent of Schools and others who work regularly with the Board shall be asked to participate in this review and to suggest ways by which the Board can improve its functioning as a deliberative and legislative body. The Board shall set forth the standards by which it will evaluate itself, taking into account the following: a. b. c. d. e.

The district’s needs and Board’s ability to meet those needs; The district’s goals for its instructional programs; The Board’s relationship with the Superintendent of Schools and district staff; The Board’s relationship with BOCES; and The community’s perception of Board members as educational leaders.

Adoption date: January 17, 2007

ESMCSD Policy Book

0320 EVALUATION OF SUPERINTENDENT The Board of Education recognizes that student achievement, district progress and community satisfaction with the schools are all in large part affected by the Superintendent’s performance. The Board also recognizes the Superintendent cannot function effectively without periodic feedback on performance, and is committed to ensuring that the Superintendent is evaluated annually as required by Commissioner’s regulations. The purposes of the evaluation shall be to: 1. Clarify for the Superintendent his/her role in the school system as determined by the Board. 2. Clarify for all Board members the role of the Superintendent as outlined in the job description and as determined by the Board. 3. Develop a harmonious working relationship between the Board and the Superintendent; and 4. Promote the professional improvement and growth of the Superintendent. During each contractual term of the Superintendent’s appointment, the Board and the Superintendent will meet to discuss a plan of performance review and accountability. The final plan adopted shall be within the sole discretion of the Board. Such evaluation will be discussed only during an executive session. Said evaluation shall be completed by June 30th of each year. Ref:

8 NYCRR 100.2 (o)(2)(v) (Performance review of superintendent)

Adoption date: January 17, 2007

ESMCSD Policy Book

0330 EVALUATION OF PERSONNEL The Board of Education recognizes the importance of evaluation as a component of good management and continuous growth and improvement for district employees. Administrative Staff The Board directs the Superintendent of Schools to conduct a continuous program of supervision and evaluation of all administrative personnel. The purposes of such evaluation procedures are to: a. Determine the adequacy of administrative staffing; b. Improve administrative effectiveness; c. Encourage and promote self-evaluation by administrative personnel; d. Establish a basis for evaluative judgment by the Superintendent and the Board; and e. Make informed decisions about continued employment with the district. Professional Staff The purposes of professional staff evaluations are to enrich and develop effective classroom teaching. After each evaluation is made, a full written report will be submitted to the Superintendent. The purposes of the performance appraisals are to: a. Improve the instructional program; b. Assist the classroom teacher in improving and upgrading teaching performance; c. Assist the Superintendent in properly evaluating employees; and d. Provide a formal procedure for communication between the teacher and administrator regarding the instructional program and student progress. The procedures and guidelines for formal and informal observations and evaluations of teachers shall be those agreed to with the employee organization representing the teaching staff and set forth in the collective bargaining agreement. Support Staff The Board believes that the evaluation of support staff is an essential component of supervision and decision-making regarding promotion and retention. The Board therefore directs the Superintendent to develop standards and procedures for the evaluation of all support staff. All support staff will undergo such evaluation at least once per year in cooperation with his/her immediate supervisor. The purposes of support staff evaluation are to:

ESMCSD Policy Book

0330 a. Provide an objective basis for employee improvement; b. Maintain salaries commensurate with job requirements and responsibilities; and c. Recognize qualified employees. If requested by the Civil Service Department, the District will keep and report performance ratings of Civil Service employees prior to making a permanent appointment. For those support staff members who are members of a collective bargaining unit, permanent appointments will be made as per negotiated agreements. Adoption date: January 17, 2007

ESMCSD Policy Book

Table of Contents (Series 1000) Policy Community Relations Goals ..........................................................................

1000

Annual District Election and Budget Vote ....................................................

1050

School District Records .................................................................................

1120

School District Records Regulations .............................................................

1120-R

Confidentiality of Computerized Information ...............................................

1120.1

News Media Relations ...................................................................................

1130

Relations with Community and Business Organizations ...............................

1220

Participation of Senior Citizens .....................................................................

1225

Public Participation at Regular Board Meetings ............................................

1230

Public Complaints ..........................................................................................

1400

Complaints About Curricula or Instructional Materials ................................

1420

Complaints About Curricula or Instructional Materials Regulation ..............

1420-R

Community Use of School Facilities .............................................................

1500

Dissemination of Materials Through the Schools ..........................................

1510

Advertising in the Schools .............................................................................

1511

Smoking and Other Tobacco Use on School Premises ..................................

1530

Relationship with Non-Public Schools ..........................................................

1740

Home Instruction ...........................................................................................

1741

Gifts from the Public ......................................................................................

1800

Parental Involvement .....................................................................................

1900

Interpreters for Hearing-Impaired Parents .....................................................

1925

ESMCSD Policy Book

1000 COMMUNITY RELATIONS GOALS The Board of Education strives to conduct district affairs by way of a continuing, open dialogue between the community and the schools. Given district residents' high level of interest in the education of children, the Board wishes to maintain its high level of sensitivity to the needs and desires of the community and to act expeditiously to meet changing needs and conditions. To this end, the Board establishes the following goals for community involvement: 1.

to provide a variety of means whereby residents of the school district may have the opportunity to contribute their best thinking to the orderly planning of education for children in the district;

2.

to keep the community accurately informed about its schools;

3.

to understand community attitudes and aspirations for the schools;

4.

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

5.

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

6.

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

7.

to develop and maintain the confidence of the community in the Board and the school district staff;

8.

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

9.

to facilitate dissemination of information to the community concerning issues and activities in the school;

10.

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

11.

to develop arrangements among civic and community organizations for sharing of resources, especially in the creation of programs designed to benefit students; and

12.

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

Notwithstanding the above, the final decisions in these areas will rest with the Board. Adoption date: January 17, 2007 ESMCSD Policy Book

1050 ANNUAL DISTRICT ELECTION AND BUDGET VOTE The district shall hold an annual meeting and election at which the district’s authorized voters will elect members of the Board of Education and vote on the district budget for the coming school year. The annual district meeting and election will be held on the third Tuesday in May, unless this date conflicts with religious observances on that day, in which case the annual meeting and election will be held on the second Tuesday in May. The District Clerk shall publish a notice of the time and place of the annual meeting and election at least four times within the seven weeks prior to the meeting, in two newspapers having general circulation within the district. The first publication of the notice shall be at least 45 days prior to the meeting. The notice shall also contain notice of any other matter required by law. Copies of the budget to be voted upon at the annual meeting election will be available in each district school building for district residents upon request at the time of the annual meeting and election and 14 days (other than Saturday, Sunday and holidays) prior to the meeting. The Board shall appoint assistant clerks and election inspectors necessary for the annual meeting and election at a Board meeting held before the annual meeting and election. Propositions The Board has the authority, under the Education Law, to adopt reasonable rules and regulations concerning the submission of petitions to the Board to place propositions on the ballot which may amend the budget. Pursuant to those provisions, the Board establishes the following guidelines: 1.

Unless otherwise provided by the Education Law, petitions for the submission of a proposition must contain a minimum of twenty-five (25) signatures of qualified voters of the District, or two (2) percent of those voters registered for the previous election, whichever is greater.

2.

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

3.

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

4.

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

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

1050 The Board may also, on its own motion, submit propositions. Ref:

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

Adoption date: January 17, 2007

ESMCSD Policy Book

1120 SCHOOL DISTRICT RECORDS It is the policy of the Board of Education to inform members of the public about the administration and operation of the public schools in accordance with the Freedom of Information Law of the State of New York. The Superintendent of Schools shall develop regulations ensuring compliance with the Freedom of Information Law and setting forth the procedures to be followed to obtain access to district records, and submit such regulations to the Board for approval. The Superintendent shall designate, with Board approval, a Records Access and Records Management Officer, pursuant to law. Retention and Destruction of Records The Board hereby adopts the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for district records. In accordance with Article 57-A, the district will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods. Ref:

Public Officers Law §84 et seq. (Freedom of Information Law) Education Law §2116 Arts and Cultural Affairs Law §57.11 Local Government Records Law, Article 57-A 8 NYCRR Part 185 (Appendix I)

Adoption date: January 17, 2007

ESMCSD Policy Book

1120-R SCHOOL DISTRICT RECORDS REGULATION The following comprises the rules and regulations relating to the inspection and copying of school district records: I.

Designation of Officers 1.

2.

II.

The Records Access Officer shall be the School Business Administrator. He/She shall: 

receive requests for records of the Board of Education and make such records available for inspection or copying when such requests are granted; and



compile and maintain a detailed current list by subject matter, of all records in the possession of the Board, whether or not available to the public.

The Superintendent of Schools, with the Board's approval, shall designate a Records Management Officer for the district. The Records Management Officer will develop and oversee a program for the orderly and efficient management of district records.

Definition of Records 1.

2.

3.

ESMCSD Policy Book

A record is defined as any information kept, held, filed, produced or reproduced by, with or for the district in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes. The Records Access Officer will have the responsibility for compiling and maintaining the following records: a.

a record of the final vote of each member of the Board on any proceeding or matter on which the member votes;

b.

a record setting forth the name, school or office address, title and salary of every officer or employee of the district; and

c.

a reasonably detailed current list by subject matter of all records in possession of the district, whether or not available for public inspection and copying.

No record for which there is a pending request for access may be destroyed. However, nothing in these regulations shall require the district to prepare any record not possessed or maintained by it except the records specified in II(2), above.

1120-R III.

IV.

Access to Records 1.

Time and place records may be inspected: Records may be requested from, and inspected or copied at, the Office of the Records Access Officer, at Eastport South Manor Central School District Central Offices, 149 Dayton Avenue, Manorville, NY 11949 during the hours of 8:30 a.m. to 4:00 p.m. on any business day on which the district offices are open.

2.

Fees: The fee for documents up to 9 x 14 inches is 10 cents per page. For documents larger than 9 x 14 inches, tape or cassette records, or computer printouts, the cost will be based on the cost of reproduction or program utilized. Fees are subject to periodic review and change. However, no fee shall be charged for the search for or inspection of records, certification of documents, or copies of documents which have been printed or reproduced for distribution to the public. The number of such copies given to any one organization or individual may be limited, in the discretion of the Records Access Officer.

3.

Procedures: Requests to inspect or secure copies of records shall be submitted in writing, either in person or by mail, to the Records Access Officer.

4.

All requests for information shall be responded to within five business days of receipt of the request. If the request cannot be fulfilled within five business days, the Records Access Officer shall acknowledge receipt of the request and advise the approximate date when the request will be granted or denied.

5.

Denial of Access: When a request for access to a public record is denied, the Records Access Officer shall indicate in writing the reasons for such denial, and the right to appeal.

6.

Appeal: An applicant denied access to a public record may file an appeal by delivering a copy of the request and a copy of the denial to the Superintendent within 30 days after the denial from which such appeal is taken.

7.

The applicant and the New York State Committee on Open Government will be informed of the Superintendent's determination in writing within 10 business days of receipt of an appeal. The Superintendent shall transmit to the Committee on Open Government photocopies of all appeals and determinations.

Records Exempted from Public Access

The provisions of this regulation relating to information available for public inspection and copying shall not apply to records that: 1.

are specifically exempted from disclosure by state and/or federal statute;

2.

if disclosed would constitute an unwarranted invasion of personal privacy;

3.

if disclosed would impair present or imminent contract awards or collective bargaining negotiations;

ESMCSD Policy Book

1120-R

V.

4.

are confidentially disclosed to the Board and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license;

5.

are compiled for law enforcement purposes and which, if disclosed, would: a.

interfere with law enforcement investigations or judicial proceedings;

b.

deprive a person of a right to a fair trial or impartial adjudication;

c.

identify a confidential source or disclose confidential techniques or procedures, except routine techniques or procedures; or

d.

reveal criminal investigative techniques or procedures, except routine techniques and procedures;

6.

records which if disclosed would endanger the life or safety of any person;

7.

records which are interagency or intra-agency communications, except to the extent that such materials consist of: a.

statistical or factual tabulations or data;

b.

instructions to staff which affect the public;

c.

final Board policy determinations; or

d.

external audits, including but not limited to audits performed by the comptroller and the federal government;

8.

records which are examination questions or answers that are requested prior to the final administration of such questions;

9.

records which are computer access codes.

Prevention of Unwarranted Invasion of Privacy

To prevent an unwarranted invasion of personal privacy, the Records Access Officer may delete identifying details when records are made available. An unwarranted invasion of personal privacy includes but shall not be limited to: 1.

disclosure of confidential personal matters reported to the Board which are not relevant or essential to the ordinary work of the Board;

2.

disclosure of employment, medical or credit histories or personal references of applicants for employment, unless the applicant has provided a written release permitting such disclosures;

ESMCSD Policy Book

1120-R 3.

sale or release of lists of names and addresses in the possession of the Board if such lists would be used for private, commercial or fund-raising purposes;

4.

disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the Board; or

5.

disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.

Unless otherwise deniable, disclosure shall not be construed to constitute an unwarranted invasion of privacy when identifying details are deleted, when the person to whom records pertain consents in writing to disclosure, or when upon representing reasonable proof of identify, a person seeks access to records pertaining to him or her. VI.

Listing of Records

Pursuant to Section 87(3)(c) of the Public Officers Law, the current records retention schedule for school districts, published by the Commissioner of Education, shall serve as the list by subject matter of all records in the possession of the school district, whether or not available under the law. Adoption date: January 17, 2007

ESMCSD Policy Book

1120.1 CONFIDENTIALITY OF COMPUTERIZED INFORMATION The development of centralized computer banks of educational data gives rise to the question of the maintenance of such data while still conforming to the New York State Freedom of Information Law. The safeguarding of confidential data from inappropriate use is essential to the success of the District’s operation. Access to confidential computerized data shall be limited only to authorized personnel of the School District. It shall be a violation of the District’s policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of such computerized data shall be subject to disciplinary action. However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose such information. Cross-ref: 8635, Information Security Breach and Notification Ref: Public Officers Law §84 et.seq. Adoption date: January 17, 2007

ESMCSD Policy Book

1130 NEWS MEDIA RELATIONS The Board of Education invites and welcomes the active participation of all forms of mass media in promoting the cause of good education within the district and elsewhere. The Board President is designated as the spokesperson for the Board when the Board is making a statement on an issue. No other member of the Board individually will speak for, or in the name of, the Board unless by explicit direction of the Board. Board members should emphasize to the media when asked to speak as a Board member that they can only speak as private citizens unless they have been empowered by the Board to speak for it. The Superintendent of Schools is designated as the spokesperson for the district. All staff desiring to release information to the media should first notify the Superintendent. The Superintendent of Schools shall establish all necessary procedures to govern day-to-day interactions between the schools and the news media. Ref: Arts and Cultural Affairs Law §61.09 Adoption date: January 17, 2007

ESMCSD Policy Book

1220 RELATIONS WITH COMMUNITY AND BUSINESS ORGANIZATIONS The Board of Education recognizes the potential benefits of community and business partnerships with school districts. In its discretion, the Board and its members will strive to cooperate with those organizations which may provide support in improving the educational, vocational, counseling, and/or extra-curricular opportunities in the district. Partnerships with these organizations may include mentor and/or apprenticeship programs, pilot projects, grants, off-campus counseling services, and volunteer services, in addition to or as part of the district curriculum. Adoption date: January 17, 2007

ESMCSD Policy Book

1225 PARTICIPATION OF SENIOR CITIZENS The Board of Education will strive to encourage participation of senior citizens in school related programs and to accommodate senior citizens, where possible, in terms of use of facilities, fees for school activities and partial tax exemptions. Ref: Education Law §§1502, 1709(22) Adoption date: January 17, 2007

ESMCSD Policy Book

1230 PUBLIC PARTICIPATION AT REGULAR BOARD MEETINGS The Board of Education encourages public participation on school related matters at regularly scheduled Board meetings. To allow for public participation, two periods, not to exceed a total of 30 minutes, shall be set aside during each regularly scheduled Board meeting. The period may be extended by a majority vote of the Board. Persons wishing to address the Board shall advise the District Clerk prior to the scheduled starting time of the regularly scheduled meeting. The request shall be made in writing on a form provided by the district and shall include the name of the speaker, the address, telephone number, name of organization represented (if any), and a brief description of the topic to be addressed. Any group or organization wishing to address the Board must identify a single spokesperson. Public participation at Board of Education meetings is limited to district residents. Presentations should be as brief as possible. No speaker will be permitted to speak for longer than five (5) minutes. During Public Participation – First Invitation, speakers may address only items contained in that meeting’s agenda. Unless extended by the Board of Education, this public participation session will be limited to 15 minutes. During Public Participation – Second Invitation, speakers may address any matter related to district business. Unless extended by the Board of Education, this public participation session will be limited to 15 minutes. The Board may limit public session discussion involving individual district personnel or students. Persons wishing to discuss matters involving individual district personnel or students should present their comments and/or concerns to the Superintendent during regular business hours. All speakers are to conduct themselves in a civil manner. Obscene language, slanderous statements, threats of violence, statements advocating racial, religious, or other forms of prejudice will not be tolerated. Persons making presentations at a Board meeting will address remarks to the President and may direct questions or comments to Board members or other district officials only upon the approval of the President. Board members and the Superintendent shall have the privilege of asking questions of any person who addresses the Board. Questions and comments from the public concerning matters which are not on the agenda will be taken under consideration and referred to the Superintendent for appropriate action. Persons wishing to have matters included on the agenda shall contact the Superintendent in accordance with Policy 2342, Agenda Preparation. The President shall be responsible for the orderly conduct of the regularly scheduled meeting and shall rule on such matters as the time to be allowed for public discussion and the appropriateness of the subject being presented. The President shall have the right to discontinue any presentation which violates this policy.

ESMCSD Policy Book

1230 Cross-ref: Ref:

2342, Agenda Preparation and Dissemination

Matter of Martin, 32 EDR 381 (1992) Appeal of Wittenben, 31 EDR 375 (1992) Matter of Kramer, 72 EDR 114 (1951) NYS Department of State, Committee on Open Government, OML-AO-#2696 (Jan. 8, 1997) and OML-AO-#2717 (Feb. 27, 1997)

Adoption date: January 17, 2007

ESMCSD Policy Book

1400 PUBLIC COMPLAINTS The Board of Education recognizes the right of community members to register individual or group concerns regarding instruction, district programs, materials, operations, and/or staff members. The main goal of the district is to resolve such concerns specifically with the parties involved, whenever possible. Public complaints about the school district will be directed to the proper administrative personnel. Complaints about specific classroom practices shall be directed to the teacher concerned. If the matter is not settled satisfactorily, the complainant shall then contact the Building Principal; if there is no resolution on this level, the Superintendent of Schools or his/her designee shall be contacted. The Superintendent shall refer the issue to the Board for final resolution, if necessary. The intent of this policy is to maintain dialogue among residents, the Board and the administration while, at the same time, safeguarding employees from unfair criticism. Individual Board members will refrain from expressing judgment until the complaint is submitted to the entire Board. All matters referred to the Superintendent and/or the Board shall be in writing. Concerns registered directly to the Board as a whole or to an individual Board member shall be referred as soon as is reasonably possible to the Superintendent for investigation, report, and/or resolution. Adoption date: January 17, 2007

ESMCSD Policy Book

1420 COMPLAINTS ABOUT CURRICULA OR INSTRUCTIONAL MATERIALS The Board of Education recognizes its responsibility for the selection of instructional materials. The Board expects district teachers and administrators to recommend books and other materials in accord with sound educational principles and practices, and to use them effectively in the classrooms. However, the Board also recognizes the right of community members to voice concerns and/or complaints regarding the implementation of a particular curriculum and/or instructional material. Any criticism of instructional materials that are in the schools that cannot be resolved informally shall be submitted in writing to the Superintendent of Schools. An Instructional Material Review Committee, consisting of an administrator, a librarian, a teacher and a parent of a student enrolled in the district, will be designated by the Superintendent to investigate and judge the challenged material. The committee shall make recommendations to the Superintendent concerning the disposition of the complaint, and the Superintendent will make a recommendation to the Board for a final decision. Ref:

Education Law §§1709(15); 1711(5)(f) Board of Educ., Island Trees UFSD v. Pico, 457 US 853 (1982)

Adoption date: January 17, 2007

ESMCSD Policy Book

1420-R COMPLAINTS ABOUT CURRICULA OR INSTRUCTIONAL MATERIALS REGULATION The following procedures shall apply to the handling of complaints concerning any textbook, library book or material and any other instructional material used in district schools. 1.

When a person has a complaint concerning a textbook, library book or other instructional material and protests its use in class or its availability in a school library, the Building Principal shall hold an informal meeting with the complainant and the teacher, librarian, or other staff member who is using or providing the book or material. At this meeting, the complainant will be asked to make clear his or her objection to the material; the teacher or librarian will be asked to explain the educational value of the material.

2.

If the complaint is not resolved informally, the complainant may file a formal written complaint with the Superintendent of Schools on a form provided for this purpose.

3.

Upon receiving a formal written complaint, the Superintendent shall designate an Instructional Review Committee, consisting of an administrator, a librarian, a teacher and a parent of a student enrolled in the district, to investigate and judge the challenged material.

4.

The committee shall:

5.

a.

read and examine the challenged materials;

b.

consider the specific objections to the material voiced by the complainant;

c.

weigh the values and faults of the material as a whole;

d.

consider oral presentations made to the committee, if any;

e.

where appropriate, solicit advice or opinion from other district faculty and/or relevant professional organizations such as the American Library Association, the National Council of Teachers of English, National Council of Social Studies Teachers; and

f.

issue a report to the Superintendent containing its recommendations concerning any complaint.

The Superintendent shall make a recommendation to the Board. The final decision shall be made by the Board.

Adoption date: January 17, 2007

ESMCSD Policy Book

1500 COMMUNITY USE OF SCHOOL FACILITIES School buildings and grounds and all property belonging to the District are under the control and supervision of the District. The school buildings, grounds and property are maintained for the education and recreational purposes of the school children of the District. As a service to the community and in accordance with the law, the Board of Education may authorize the use of school facilities by properly organized groups. No such use shall be made of the buildings, grounds or property that interfere or disrupt their most effective use for the benefit or our school children. The Board of Education has no authority to grant use of school district facilities or property for any purposes other than those set forth by law. Eligibility 1. An organization requesting use of school facilities must draw a majority of its membership from residents of the Eastport South Manor Central School District. 2. Organization may be required to submit its Constitution and By-Laws, names of its officers, as well as names and addresses of its membership. 3. The use of facilities must be for purposes permitted by this policy and the laws of the State of New York. 4. The use of District facilities and property for private commercial purposes is expressly prohibited by Article 8, Section 1 of the New York State Constitution. The District will not permit the use of school facilities, equipment and personnel for the conduct of private commercial businesses. Facility Use Regulations The Superintendent shall develop administrative regulations to implement this policy. These regulations shall be in accordance with state law and must: 1. Provide for the health and safety of all participants involved in the activity; 2. Assure the protection of district property; 3. Establish guidelines for when facility use fees shall be charged; 4. Establish a facility use fee schedule to be approved by the Board of Education at the annual reorganization meeting; 5. Require payment for any damage, loss or misuse of district facilities and property, whether or not a facility use fee has been assessed; 6. Establish a facility use application that shall include the following information: a. Applicant’s organizational status b. Applicant’s district residency disclosures c. Nature of the applicant’s activities d. Fees assessed to participants

ESMCSD Policy Book

1500 All information disclosed on the facility use application is subject to the verification and audit of the District. 1. Establish guidelines for issuing facility use permits; 2. Establish guidelines for implementing priority use of facilities The District reserves the right to deny or revoke any permit for any reason. The District also reserves the right to waive facility use fees when it is in the best interests of the District. Supervisor of Operations The Superintendent shall designate a Supervisor of Operations who shall: 1. Receive and review applications for the use of District facilities 2. Schedule the use of facilities to ensure that efficient use is made of the time and space available 3. Issue permits 4. Verify minimum insurance requirements 5. Verify residency, organization status and other information on the facility use application as needed The Supervisor of Operations shall maintain an “Approved Users of District Facilities” list. Upon receipt of a first request for use of District facilities, the Supervisor of Operations shall determine if the request meets the District’s requirements for use of District facilities. If so, he/she shall recommend to the Superintendent, or designee, that the applicant be approved and added to the “Approved Users of District Facilities” list. Once on this list, the Supervisor of Operations may approve these applicants and issue permits without further approval so long as all subsequent facility use applications are consistent with this policy. Scheduling Use of Facilities The scheduling of the use of District facilities shall be in accordance with the following guidelines: 1. Priority access to District facilities shall be given in the following order: a. b. c. d.

ESMCSD Policy Book

school and school related organizational activities youth groups adult groups A more detailed priority list within the three groups listed above is as follows:  school purposes  school sponsored or related activities, including recreational  PTA groups  College extension programs and similar groups which serve district residents

1500  

Recreational programs other than those sponsored by the District Community youth groups such as boy and girl scouts

To further assist in the determination of priority status, the District will consider the following:  Resident groups will have priority over non-resident groups  Large groups will have priority over small groups  District-wide participation will have priority of smaller and more limited participation  Governmental organization will have priority over non-governmental organizations  Volunteer groups will have priority over non-volunteer groups. 1. No field or gymnasium may be utilized in a way that creates an unreasonable restriction of use by other groups 2. Changes in facility use assignments may be made at the sole discretion of the District 3. Use of school facilities shall be made in a manner that does not conflict with District activities and maintenance schedules 4. The District reserves the right to set aside or restrict use of a field if conditions warrant 5. When assigning fields to community groups, the District reserves the right to assign a field that is appropriate for the sport and the season of the field 6. The District reserves the right to deny the use of any facility or property to any group that has previously misused, abused or misplaced District property 7. The District reserves the right to deny the use of any facility or property to any group that has previously failed to pay fees for previous facility use or the abuse, misuse or misplacement of District property Responsibilities of Approved Facility Use Applicants 1. An organization using school facilities shall be responsible for providing adult supervision to ensure the safety of all persons in attendance 2. An organization using school facilities shall be responsible for enforcing all District rules governing the conduct of persons on District property 3. An organization using school facilities shall be responsible for any damage incurred during such use, as reported by the building Principal, Supervisor of Operations or other staff member and may be held financially responsible for required repairs and/or replacements 4. An organization using school facilities shall be responsible for restricting its participants or persons attending the function to using only those facilities designated on the application at the time and date specified

ESMCSD Policy Book

1500 5. An organization using school facilities for activities where admission or other fees are charged may be required to submit to the District a detailed financial statement showing the total receipts and expenses associated with the facility use 6. An organization using school facilities may not sell or serve refreshments without the prior consent of the Supervisor of Operations Rules for Use The determination as to whether to issue a permit, revoke a permit, assign specific rooms or fields, etc., shall be at the sole discretion of the District. Organizational use may be cancelled with or without notice on a single or multi-use basis if it will interfere with a designated school group or for any other reason determined to be in the best interests of the District. In addition: 1. The District reserves the right to transfer with or without notice, any activity from one space to another, from one building to another, or cancel the activity completely, for any reason. 2. Outdoor sports, including soccer, lacrosse, softball and baseball cannot practice indoors unless the Director of Athletic deems the activity and equipment being used, safe for District property. 3. Whether or not admission fees are charged, no contribution may be solicited on District grounds unless permission is granted on the permit. 4. The permit is only valid for the time and dates specified on the permit and the purposes specified on the facility use application. 5. Permits are not transferrable. 6. There shall be no gambling, possession, sale or distribution of alcohol or controlled substances at any time in the school buildings or District property. 7. There shall be no smoking on school grounds. 8. There shall be no firearms or weapons on school grounds. 9. No exhibits, posters or other materials shall be displayed on District property without the prior approval of the Supervisor of Operations or building principal. 10. Any facility use fees assessed by the District are due to the District within 30 days of the invoice date. 11. Modifications may not be made to District property or equipment 12. Screws, nails, bolts and other highly adhesive products may not be used on school property.

ESMCSD Policy Book

1500 Schedules and Emergency Closings Facilities will generally not be available for use during scheduled school holidays and vacations as indicated on the school calendar. In addition, if the schools are closed due to inclement weather or other emergencies, after-school and community activities will automatically be cancelled unless special express approval is obtained from the District. Appeals Denials for use of school facilities may be appealed to the Superintendent within five (5) school days of the receipt of the denial. The Superintendent shall have five (5) school days to respond to the appeal. Applicants who have appealed to the Superintendent and are not satisfied with the action taken may appeal to the Board of Education within ten (10) school days of receiving a response from the Superintendent. Ref: Education Law § 414 Adoption date: April 7, 2010

ESMCSD Policy Book

1510 DISSEMINATION OF MATERIALS THROUGH THE SCHOOLS To make the cost effective use of administrative and instructional time, the Board of Education finds it necessary to impose limits on the dissemination of materials through the schools by the variety of external organizations sponsoring activities. These guidelines are: 

Materials originating from within the school system may be distributed.



Material originating from organizations or courses outside the school system must be approved by the Superintendent of Schools or his/her designee prior to distribution.



To be approved for distribution: o Materials should be of educational benefit to the students to whom the material is directed. o Materials should contain no commercialism. o Materials should serve no partisan political purpose. o Activities must relate to school matters or student-related community activities, and must be directly associated with children who are enrolled in the District. o Organizations should be non-profit organizations, municipal organizations, or community organizations with a nexus to the District’s students and community. o The District will restrict flyers which could reasonably be predicted to cause substantial disruption.



Materials originating from organizations or courses outside the school system which are approved for distribution will be required to bear a disclaimer as follows: “Distribution of this flyer does not constitute endorsement of an event or organization and/or agreement with the material content by the District or the Board of Education.”



Except for materials originating from within the school system, staff members are prohibited from sending home flyers, unless the flyer has been approved in accordance with these established procedures.

The Board requires the distribution of authorized materials on an equitable basis to all of those students at a given educational level who may benefit from the content of the material. Approved: January 29, 2014

ESMCSD Policy Book

1511 ADVERTISING IN THE SCHOOLS School facilities, staff, and school children shall not be employed in the schools in any manner for advertising or otherwise promoting on school property any commercial, political, or nonschool agency, individual, or organization, except as approved by the Board of Education. Canvassing, soliciting of funds or selling of any items by any outside agency shall not be permitted on the school premises. School personnel may not participate, during school hours or on school grounds, in the solicitation of orders, the distribution of advertising materials, or the collection of charges. The Superintendent is authorized to issue a list of suggested vendors to meet district-prescribed standards, e.g., for photographs or musical instruments, while allowing parents to make their own arrangements on any terms they wish, where the arrangement does not involve the use of school personnel. A commercial photographer who is taking school photographs on school premises for a school purpose may advise students, by means of a card, brochure or other appropriate device, that copies may be purchased directly from the photographer. The solicitation of orders for and the sale of class rings on school premises is permissible if authorized by the Board of Education, if all prospective vendors are given full and equal opportunity to compete, and if students are fully involved in the promotion and sale of such rings. The Superintendent and/or Board of Education is hereby granted the authority to approve activities, in cooperation with any individual or organization, which are of general public interest and which promote the education or other best interests of the students. Exhibitions in schools of any books, articles, apparatus, films, or other educational material shall be judged on the basis of their actual educational values. In the case of colleges, universities, armed service agencies, corporations, businesses and public service agencies, it is the policy of the Board that access to schools shall be encouraged to bring career and occupational information to students. The Superintendent shall ensure that such activities are carefully monitored to restrict any commercial advertisement. Contracts, other than “pouring rights” contracts, which purport to authorize private individuals or corporations to promote the sale of products and services through commercial advertisements aimed at public school students are expressly prohibited. Nothing in this policy shall be construed to limit the authority of the Board under law to authorize the broadcast of high school games and other events by radio and TV stations even though the broadcast is commercially sponsored. Cross-ref: Ref:

1500, Public Use of School Facilities 1510, Public Sales on School Property

New York State Constitution Article 8 §1 Education Law §414 8 NYCRR Part 23 Arts and Cultural Affairs Law §61.09 Matter of Gary Credit Corp., 26 EDR 414 (1987) Matter of Gary Credit Corp., 25 EDR 385 (1986) Matter of Taftegaard, 25 EDR 238 (1986) Matter of Taftegaard, 23 EDR 405 (1984)

ESMCSD Policy Book

1511 Matter of Hoyt, 20 EDR 316 (1980) Matter of Puls, 17 EDR 324 (1978) Matter of Gordon, 14 EDR 358 (1975) Adoption Date: January 17, 2007

ESMCSD Policy Book

1530 SMOKING AND OTHER TOBACCO USE ON SCHOOL PREMISES Due to the health hazards associated with smoking, and in accordance with federal and state law, the Board of Education prohibits smoking and all other tobacco use in all school buildings, on school grounds, and in any vehicle used to transport children or personnel. The Board also prohibits the use of e-cigarettes in these locations. The district's smoking policy shall be prominently posted in each building, at designated outdoor locations on school premises (e.g. athletic fields) and in all district vehicles. The Board designates the Superintendent of Schools or his/her designee as agent responsible for informing individuals smoking or using tobacco anywhere on school premises or in district vehicles that they are in violation of Article 13 of the Public Health Law and/or Section 409 of the Education Law and/or the federal Pro-Children Acts of 1994 and 2001. Persons using e-cigarettes in violation of this policy will be asked to stop or leave school property. Ref:

Education Law §§409(2) Public Health Law Article 13-E Public Health Law §§206; 340; 347 The Pro-Children Act of 2001, 20 U.S.C. §§1781 et seq. The Pro-Children Act of 1994, 20 U.S.C. §§6081 et seq.

Adoption date: November 19, 2014

ESMCSD Policy Book

1740 RELATIONSHIP WITH NONPUBLIC SCHOOLS In recognition of its responsibility under state law and regulation, the Board of Education shall make available required public school materials, equipment and services to resident students who attend nonpublic schools. Textbook Loan It is also understood that textbooks must be “loaned free” to the children, but Boards may make reasonable rules and regulations regarding such loan(s). Therefore, the following rules and regulations shall govern the loan of textbooks to residents of the District attending non-public schools: 1. 2. 3.

The textbook shall remain the property of the District. The textbooks shall be returned at the end of the nonpublic school’s year. If lost or destroyed, the textbooks shall be paid for by the students in the same fashion as the students attending District schools.

Instructional Computer Hardware and Software Loan The Board recognizes its responsibility to loan instructional computer hardware and software, upon request, for all pupils legally attending nonpublic elementary or secondary schools located in the School District to that institution. The District shall loan instructional computer hardware and software on an equitable basis, however software and hardware purchased with any local, federal or state funds, other than Instructional Computer Hardware or Software Aid funds, are not required to be loaned to nonpublic school students. In addition, the District will only purchase and loan software programs that do not contain material of a religious nature. The Board authorizes the Superintendent of Schools to establish any and all rules, regulations and procedures necessary to implement and maintain this policy. The Superintendent will specify the date by which requests must be received by the district and provide notice to all nonpublic schools within the district of that date. Ref:

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

Adopted: July 30, 2008

ESMCSD Policy Book

1741 HOME INSTRUCTION The Board of Education shall ensure that children instructed at home are taught by a competent instructor and receive an education substantially equivalent to that offered in the district's schools. Parents/Guardians who wish to educate their children at home must submit to the district an individual home instruction plan (IHIP), outlining the educational goals to be met and the course materials and syllabi to be used each year for the child's learning process. The district may accept or deny an IHIP. Parents/Guardians must submit quarterly reports which will provide the district with the necessary information to make determinations of substantial equivalency and competency of instruction on an ongoing basis. Parents/Guardians may appeal to the Board a determination by the Superintendent of Schools or designee that an IHIP is not in compliance with the Regulations of the Commissioner of Education. Parents/Guardians shall have the right to appeal the final determination of the Board to the Commissioner of Education within 30 days of receipt of such determination. Ref:

Education Law §3202(4) 8 NYCRR §100.10 Matter of Abookire, 33 EDR 473 (1994)

Adoption date: January 17, 2007

ESMCSD Policy Book

1800 GIFTS FROM THE PUBLIC Only the Board of Education may accept for the school district any bequest or gift or money, property or goods. The Board reserves the right to refuse to accept any gift which does not contribute towards the achievement of the district’s goals or the ownership of which would tend to deplete the resources of the district. Any gift accepted by the Board or the Superintendent shall become the property of the district, may not be returned without the approval of the Board, and is subject to the same controls and regulations as are other properties of the district. It shall be the policy of the district to accept a gift, provided it is made within the statutory authority granted to school districts and has received the approval of the Board of Education. In granting or withholding its consent, the Board will review the following factors: 1.

The terms of the gift must identify: a. b. c. d.

the subject of the gift the purpose of the gift the beneficiary or beneficiaries if any all conditions or restrictions that may apply.

2.

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

3.

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

4.

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

5.

No gift or trust will be accepted by the Board unless: a. b. c.

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

Any gift rejected by the Board shall be returned to the donor or his/her estate within 60 days together with a statement indicating the reasons for the rejection of such gift. Cross-ref: 2160, School Board Officer and Employee Ethics Ref: Education Law §1709(12) Adoption date: January 23, 2013

ESMCSD Policy Book

1900 PARENTAL INVOLVEMENT The Board of Education believes that positive parental involvement is essential to student achievement, and thus encourages such involvement in school educational planning and operations. Parental involvement may take place either in the classroom or during extracurricular activities. However, the Board also encourages parental involvement at home (e.g., planned home reading time, informal learning activities, and/or homework "contracts" between parents and children). The Board directs the Superintendent of Schools to develop a homeschool communications program in an effort to encourage all forms of parental involvement. Title I Parental Involvement - District Level Policy Consistent with the parent involvement goals of Title I, Part A of the federal No Child Left Behind Act of 2001 (NCLB), the Board of Education will develop and implement programs, activities and procedures that encourage and support the participation of parents of students eligible for Title I services in all aspects of their child’s education. The Board also will ensure that all of its schools receiving Title I, Part A funds develop and implement school level parental involvement policies, as further required by the NCLB. For purposes of this policy, parental involvement refers to the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities. At a minimum, parental involvement programs, activities and procedures at both the district and individual school level must ensure that parents:   

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

The term parents refers to a natural parent, legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare). District and school level Title I parental involvement programs, activities and procedures will provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, and parents of migratory children. The District will provide opportunities for students with disabilities to request auxiliary aids and services through a request for a hearing pursuant to Section 504 of the Rehabilitation Act of 1973 and/or the Committee on Special Education. As further required by the NCLB, parents of students eligible for Title I services will be provided an opportunity to participate in the development of the district’s Title I plan, and to submit comments regarding any aspect of the plan that is not satisfactory to them. Their comments will be forwarded with the plan to the State Education Department. Parents also will participate in the process for developing a school improvement plan when the school their child attends fails to make adequate yearly progress for two consecutive years and is identified as a school in need of improvement. ESMCSD Policy Book

1900 Parent participation in development of district wide parental involvement plan The Board, along with its superintendent of schools and other appropriate district staff will undertake the following actions to ensure parent involvement in the development of the district wide parental involvement plan: Parents will be able to participate in development of the district wide parental involvement plan through the Shared Decision Making process and the Professional Development Plan (PDP). District administrators will be available for meetings with individual parents or groups of parents in district and community facilities. Parents will also be contacted and surveyed by telephone, mail and/or e-mail from the district and from individual buildings. The district will publicize all regularly scheduled and special meetings of the Board of Education and seek parental participation in all activities calling for community involvement. Review of district wide parental involvement plan The Board, along with its superintendent of schools and other appropriate staff will conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement plan in improving the academic quality of Title I schools, including the identification of barriers to greater participation by parents in activities under this policy, and the revision of parent involvement policies necessary for more effective involvement. To facilitate this review, the district will conduct the following activities: The Assistant Superintendent for Curriculum and Instruction will be responsible for coordinating an annual review of the district’s parental involvement plan. Bilingual and/or sign language interpreters will be available if necessary. The district will pay particular attention to special circumstances to ensure that no barriers will limit parental participation in this review. Parents will be informed about this annual review through district mailings and the local media. Development of school level parental involvement plans The superintendent of schools will ensure that all district schools receiving federal financial assistance under Title I, Part A are provided technical assistance and all other support necessary to assist them in planning and implementing effective parental involvement programs and activities that improve student achievement and school performance. As appropriate to meet individual local needs, the superintendent will:  

Advertise all meetings on the district web-site, in the district news letter and through the local media; Adjust meeting times based on parental availability.

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

ESMCSD Policy Book

1900 1.

Assist parents in understanding such topics as the state’s academic content and student achievement standards, state and local academic assessments, Title I requirements, how to monitor their child’s progress and how to work with educators to improve the achievement of their child. To achieve this objective, the district and its Title I schools will: Promote activities such as PARP (Parents as Reading Partners), Annual “Read-a-Thons” in which parents and school personnel read to students and listen to students read, create Reading Logs which call for parental monitoring, schedule Parent Information Meetings on topics such as Literacy Collaborative, and Evening Workshops on a variety of topics such as literacy and reading recovery. These workshops are led by building administrators and literacy coordinators.

2.

3.

Provide materials and training to help parents work with their child’s academic achievement. To achieve this objective, the district and its Title I schools will: 

Promote activities such as Parents as Publishing Partners which explain the writing process and provide parents opportunities to work with their children on the creation of hard-cover books.



Throughout the year, schedule parent-child workshops on topics such as Family Math Night, Festivals Around the World, and Every Picture Tells a Story which focus on reading across all content areas. Parents are provided with materials to bring home to continue discussions that began during the workshops.

Educate its teachers, pupil services personnel, principals, and other staff in understanding the value and utility of a parent’s contributions and on how to:   

reach out to, communicate with, and work with parents as equal partners; implement and coordinate parent programs; and build ties between parents and the schools.

To achieve this objective, the district and its Title I schools will educate staff and teachers by providing:       4.

Professional development through in-service courses; Mentor program for new teachers; Workshops; Staff developers in targeted disciplines; Parent-Teacher Organizations Opportunities for parents to participate on committees such as interview committees for new administrators and Committee on Special Education.

Ensure that information related to school and parent-related programs, meetings and other activities is sent to the parents of children participating in Title I programs in an understandable and uniform format, including alternative formats, upon request, and to the extent practicable, in a language the parents can understand.

ESMCSD Policy Book

1900 Coordination of parental involvement strategies The district will coordinate and integrate strategies adopted to comply with the NCLB Title I, Part A parental involvement requirements with parental involvement strategies. The Assistant Superintendent for Curriculum and Instruction and Building Principals will do this by: 

Scheduling Open Houses and Parent-Teacher conferences on a regular basis and publicizing these opportunities for parental input in the district newsletter and local media;



Hosting evening workshops on a variety of topics including academic areas and social issues;



Creating Instructional Support Teams to develop a team-oriented approach to the development of appropriate instructional strategies for struggling students.

Ref:

§1118 of the Elementary and Secondary Education Act 8 NYCRR §§100.3(b)(3); 100.4(f); 100.5(d)(4); 149.3(16)

Adoption date: April 18, 2007

ESMCSD Policy Book

1900 Title 1 Parental Involvement – School Level Policy The Eastport Elementary School, Dayton Avenue Elementary School and South Street Elementary Schools and Eastport/South Manor Junior/Senior High School recognize that parents play an integral role in assisting their child’s learning. We encourage parents to be actively involved in their child’s education at school and to become full partners in school educational planning and operations. Consistent with the parent involvement goals of Title I, Part A of the federal No Child Left Behind Act of 2001 (NCLB): 1.

During annual Open House activities at each school, the Building Principals and appropriate staff shall inform parents of the school’s participation in Title I programs, and to explain Title I requirements and the right of the parents to be involved. All parents of children participating in a Title I program will be invited to the meeting.

2.

As needed or requested, the school staff shall offer a flexible number of meetings to provide parents the opportunity to meet with school staff and otherwise participate in their child’s education. If requested, these meetings shall be held at flexible times (e.g., morning or evening) and/or in highly accessible places such as public housing projects, etc.

3.

The school will provide parents with timely information about Title I programs. During these Open House meetings, school staff will also describe and explain the curriculum in use at the school, the types of academic assessment that will be used to measure student progress and the proficiency levels the students are expected to meet. Parents may also request regular meetings with school staff to make suggestions and to participate, as appropriate in decisions relating to the education of their child. The school will respond to any such suggestions as soon as practical.

4.

The school staff shall involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of Title I programs, including the planning, review, and improvement of the school’s parent involvement policy.

Student Academic Achievement School-Parent Compact School-Parent Compact To help our children achieve, we agree to abide by the following conditions during the school year: School Responsibilities The school will:    

Provide high-quality curriculum and instruction in a supportive and effective learning environment; Hold parent-teacher conferences. During these conferences, this compact will be discussed as it relates to your child’s academic achievement; Provide parents with frequent reports on their child’s progress; Provide parents reasonable access to staff; and

ESMCSD Policy Book

1900 

Provide parents with opportunities to volunteer and participate in their child’s class and to observe classroom activities.

Parent Responsibilities We, as parents, will support our children’s learning in the following ways:      

Monitor my child’s attendance; Make sure that homework is completed; When possible, volunteer in my child’s school; Participate in decisions regarding my children’s education; Promote positive use of my child’s extracurricular time; and Stay informed about my child’s education and communicate with the school regularly.

Student Responsibilities As a student, I will share the responsibility to improve my grades, and agree to:   

Do homework everyday and ask for help when needed; Read outside of school; and Give to my parents all notices and information received by me from my school every day.

______________ ___________________ _____________________ School Parent Student ____________ ________________ _________________ Date Date Date Adoption date: April 18, 2007

ESMCSD Policy Book

1925 INTERPRETERS FOR HEARING-IMPAIRED PARENTS The Board of Education recognizes that those district parents with hearing impairments which prevent a meaningful participation in their child’s educational program must be afforded an opportunity equal to that afforded other parents to participate in meetings or activities pertaining to the academic and/or disciplinary aspects of their child’s education. Accordingly, and pursuant to law, the school district will provide an interpreter for hearing-impaired parents for schoolinitiated academic and/or disciplinary meetings or activities including, but not limited to:     

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

The school district will provide an interpreter for the hearing-impaired parent if a written request for the service has been submitted to and received by the district within fourteen (14) days prior to the scheduled meeting or activity. Exceptions to the time frame requirement may be made for unanticipated circumstances as determined by the building principal or his/her designee. If an interpreter is unavailable, the district will then make other reasonable accommodations which are satisfactory to the parents (e.g., notetaker, transcript, decoder, or telecommunication device for the deaf). These services will be made available by the district at no cost to the parents. The Board directs the Superintendent of Schools to maintain a list of available interpreters and to develop procedures to notify parents of the availability of interpreter services, the time limitation for requesting these services, and of the requirement to make other reasonable accommodations satisfactory to the parents should an interpreter not be available. Ref:

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

Adoption date: January 17, 2007

ESMCSD Policy Book

Table of Contents (Series 2000) Policy Board Operational Goals................................................................................

2000

School Board Legal Status .............................................................................

2100

School Board Elections ..................................................................................

2120

Voting Procedures ..........................................................................................

2120.2

Board Member Qualifications........................................................................

2121

Resignation of Board Members and Declaration of Vacancy .......................

2145

School District Officer and Employee Code of Ethics ..................................

2160

School Board Member Code of Conduct .......................................................

2165

Board Reorganizational Meeting ...................................................................

2210

Board Officers................................................................................................

2220

Appointed Board Officials .............................................................................

2230

Citizens Advisory Committees ......................................................................

2260

Citizens Long Term Fiscal Advisory Committee ..........................................

2260.1

School Attorney .............................................................................................

2270

Regular Meetings ...........................................................................................

2310

Special Meetings ............................................................................................

2320

Executive Sessions .........................................................................................

2330

Agenda Preparation and Dissemination .........................................................

2342

Board Meeting Procedures .............................................................................

2350

Quorum ..........................................................................................................

2351

Rules of Order ................................................................................................

2352

Minutes ..........................................................................................................

2360

Broadcasting and Taping of Board Meetings ................................................

2382

ESMCSD Policy Book

Policy Development, Adoption, Implementation and Review ......................

2410

New Board Member Orientation .................................................................

2510

Board Member Training ................................................................................

2520

School Board Conferences, Conventions and Workshops ............................

2521

ESMCSD Policy Book

2000 BOARD OPERATIONAL GOALS The Board of Education, as a legally constituted body of elected representatives, bears the responsibility of setting policy for the school district. The Board acts in accordance with authority and responsibility vested in it by federal and state laws, rules, and regulations on behalf of the district's citizens. In order to ensure that its educational programs provide all students with a high-quality education, the Board hereby establishes as its goals: 1.

to work closely with the community to ensure that Board actions and performance take into consideration the concerns and aspirations of the community;

2.

to identify the educational and technological needs of the community and industry, and to transform such needs into programs aimed at stimulating students and preparing them for future careers;

3.

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

4.

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

5.

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

Adoption date: January 17, 2007

ESMCSD Policy Book

2100 SCHOOL BOARD LEGAL STATUS The Board of Education is a seven-member Board elected by district residents. Each member of the Board serves for three years. The terms of office of Board members shall not all expire in the same year. Board members are responsible for school district management and policy-making. The legal status of the Board is that of a corporate body established pursuant to the laws of New York State. Any liability of the district is a liability of the Board of Education as a corporation and not that of the members of the Board as individuals. Members of the Board of Education have legal authority for the conduct of the district schools only when acting as a body in a properly convened session. Board members acting as individuals have no authority over personnel or school affairs. The Board will not be bound in any way by any individual's statement or action unless the Board, through an adopted policy or by a majority vote of Board membership, has delegated this authority to the individual member. The Board is entrusted with the responsibility of developing policies under which the district is managed. In addition, the Board has all the powers and duties stated in the Education Law and other applicable New York State law. Complete and final authority on all district educational matters, except as restricted by law, will be vested in the Board. Ref:

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

Adoption date: January 17, 2007

ESMCSD Policy Book

2120 SCHOOL BOARD ELECTIONS The elections of members of the Board of Education shall be held on the third Tuesday in May, unless this date conflicts with religious observances on that day, in which case it shall be held on the second Tuesday in May. The polls shall be open for those hours designated by the district. The following items shall be voted upon: 1. 2. 3.

the annual budget, any vacancies on the Board of Education, and any special propositions that have been properly presented.

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

1050, Annual Election and Budget Vote

Education Law §§2012; 2013; 2014; 2018; 2018-a; 2019-a; 2031; 2035

Adoption date: January 17, 2007

ESMCSD Policy Book

2120.2 VOTING PROCEDURES

Eligibility to Vote A person shall be entitled to vote in any school district election and in all matters placed upon the official ballot, if such person is: 1.

a citizen of the United States;

2.

at least 18 years of age;

3.

a resident within the school district for a period of 30 days next preceding the election at which such person desires to vote;

4.

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

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

b)

persons adjudged mentally incompetent by a court

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

Voting Voting machines shall be used for recording the votes on all elections, budget votes, and votes on special propositions. The only exception to the use of voting machines shall be a situation where the machines are unavailable due to mechanical failure. If this should arise, paper ballots will be used. Each voting machine shall have at least two election inspectors appointed by the Board in attendance during all voting hours. It shall be the duty of the District Clerk and assistant clerk or clerks to keep a poll list containing the name and legal residence of each person before such person is permitted to vote. Election inspectors shall not advise or induce such voter to vote on any proposition or candidate, and if the election inspector were to learn how the individual voted, the election inspector shall never reveal the vote(s) recorded to any other person at any time. Write-in ballot slots are required. Ballots containing the names of nominated candidates will be provided by the Board. There will be as many write-in slots as there are vacancies at the time of election. The writing in of a name in the blank space so provided, will sufficiently indicate a vote. The district cannot require a voter to place any other mark beside the name of a write-in candidate. ESMCSD Policy Book

2120.2

Absentee Ballots The Board provides for the use of absentee ballots for voting. Such ballots shall be available for the election of members of the Board of Education, the adoption of the school district budget, and on questions and propositions submitted to the voters of the district. The application must be received by the District Clerk at least seven days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered. The application must be completed and returned, and the individual must verify therein that he/she meets all voting requirements, and explain the reason for his/her inability to appear in person to vote. In particular, the individual must explain that he/she will be unable to appear to vote in person on the day of the school district election because: 1.

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

2.

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

3.

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

4.

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

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

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

Adoption date: January 9, 2013

ESMCSD Policy Book

2121 BOARD MEMBER QUALIFICATIONS The qualifications of a candidate for the office of member of the Board of Education are that the candidate be: 1. 2. 3.

able to read and write; a qualified voter of the district; and a resident of the school district for at least one year prior to election.

No employee of the school district may be a member of the Board, except as permitted by law. Not more than one member of a family (that is, a member of the same household) shall be a member of the Eastport South Manor Central School District Board of Education. Ref:

Education Law §§2102; 2103; 2502(7) Rosentock v. Scaringe, 40 N.Y.2d 563 (1976) Matter of Schoch, 21 EDR 300 (1981)

Adoption date: January 17, 2007

ESMCSD Policy Book

2145 RESIGNATION OF BOARD MEMBERS AND DECLARATION OF VACANCY The Board of Education has the power to fill any vacancy, by a majority vote, which may occur on the Board by reason of death, resignation, removal from office, or refusal to serve, of any member or officer of the Board. The person so appointed in the place of any such member of the Board shall hold his/her office until the next annual election of Board members. The unexpired term of the office will then be filled by election. It shall be the duty of each member of the Board to attend all meetings of the Board. If a Board member misses three consecutive meetings, of which he/she has been duly notified and not providing a satisfactory cause for failure to attend, the Board can proceed to declare the office vacant. The Board shall have the power to call a special school district election within ninety (90) days for the purpose of filling the unexpired term of office of a member of the Board until the next annual election. A Board member who has been removed from office shall be ineligible for appointment or election to any office in the District for a period of one year from the date of such removal. Ref:

Education Law §§1709(17); 2109; 2113

Adoption date: January 17, 2007

ESMCSD Policy Book

2160 SCHOOL DISTRICT OFFICER AND EMPLOYEE CODE OF ETHICS The Board of Education is committed to avoiding any situation in which the existence of conflicting interests of any officer or employee may call into question the integrity of the management or operation of the school district. The Board recognizes that sound, ethical standards of conduct serve to increase the effectiveness of district officers and staff as educators and public employees in the community. Adherence to a code of ethics promotes public confidence in the schools and furthers the attainment of district goals. The Board also recognizes its obligation to adopt a code of ethics setting forth the standards of conduct required of all district officers and employees under the provisions of the General Municipal Law. Therefore, every officer and employee of the district, whether paid or unpaid, shall adhere to the following code of conduct: 1.

Gifts: An officer or employee shall not directly or indirectly solicit any gift or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members. Gifts from children or others that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

2.

Confidential information: An officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest.

3.

Representation before the Board or District: An officer or employee shall not receive or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before the school district.

4.

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

5.

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

ESMCSD Policy Book

2160 6.

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

Distribution of Code of Ethics The Superintendent of Schools shall cause a copy of this Code of Ethics to be distributed to every member of the Board, every officer and employee of the school district. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the district's jurisdiction in a place conspicuous to the district's officers and employees. Penalties In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board's code of ethics and its accompanying regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. Ref:

General Municipal Law §§806-808

Adoption date: January 17, 2007

ESMCSD Policy Book

2165 SCHOOL BOARD MEMBER CODE OF CONDUCT The Board of Education recognizes that sound, ethical standards of conduct serve to increase the effectiveness of School Board members as educational leaders in the community. Actions based on an ethical code promote public confidence and the attainment of district goals. The Board therefore adopts the following Code of Ethics which Board members and district staff commit themselves to: a)

Assuring the opportunity for high quality education for every student and making the well-being of students the fundamental principle in all decisions and actions;

b)

Representing the entire community without fear or favor;

c)

Accepting all responsibilities as a means of unselfish service, while not using their positions for personal gain;

d)

Acting as part of an educational team with mutual respect and regard for each other’s respective responsibilities and duties, recognizing that the strength of a school board is in acting as a Board, not as individuals;

e)

Preserving the obligation of having all issues considered fairly and without bias;

f)

Upholding the principles of due process and individual dignity, and protecting the civil and human rights of all;

g)

Maintaining high standards and the effectiveness of education through research and continuing professional development;

h)

Obeying all federal, state and local laws and regulations pertaining to education and public agencies; and

i)

Instilling respect for community, state and nation.

Adoption date: January 17, 2007

ESMCSD Policy Book

2210 BOARD REORGANIZATIONAL MEETING The Board of Education recognizes its obligation to hold an annual reorganizational meeting. The purpose of the reorganizational meeting is to elect officers of the Board and make the proper appointments and designations of other district employees for the proper management of the school district during the school year. The Eastport South Manor Central School District Board of Education will hold its annual reorganizational meeting on the first Tuesday in July. If that day is a legal holiday, the Board will hold the meeting on the first Wednesday in July. The Board may instead hold the meeting on a date during the first 15 days in July that is not a legal holiday. The Board will choose this date by resolution at a Board meeting before July. The previous Board president or his/her designee shall call the meeting to order, and shall preside until the election of a new president. The order of business to be conducted at the reorganizational meeting shall include items required or implied by state law and/or regulation. The Board may also conduct general district business at the end of the meeting before adjourning. I.

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

II.

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

III.

Appointment of District Officers The Board shall appoint and the Board President shall administer the oath of office to the following district officers: District Treasurer District Clerk Claims Auditor

IV.

Deputy Treasurer Tax Collector

Appointment of Other Positions The Board shall appoint and establish the stipend (if any) for the following positions: School Physician Census Enumerator Purchasing Agent District Auditor Title IX/Section 504 Hearing Officer(s)

ESMCSD Policy Book

School Attorney Attendance Officer Insurance Consultant Records Access Officer Records Management Officer

2210 Treasurer of Student Activity Account V.

Asbestos Designee

Bonding of Personnel The Board may bond the following personnel handling district funds: District Clerk Tax Collector District Treasurer Treasurer of Student Activity Account

School Attorney Claims Auditor Deputy Treasurer

The Board may, in each instance, specify the amount of the bond it intends to obtain. The Board may include any of the above officers in a blanket undertaking, pursuant to law and Commissioner's Regulations, rather than bond individuals. VI.

Designations The Board shall designate: Official depositories for district funds Official district newspapers The day and time of regular meetings Rate for mileage reimbursement Establish Committees

VII.

Authorizations: a. b. c. d. e. f.

Cross-ref: Ref:

of person to certify payrolls of school purchasing agent of attendance at conferences, conventions, workshops, etc., with designated expenses to establish petty cash funds (and to set amount of such funds) to designate authorized signatures on checks of Superintendent of Schools to approve budget transfers 2310, Regular Meetings 5252, Student Activities Funds Management

New York State Constitution, Article XIII, §1 General Municipal Law §103(2) (official newspapers) Public Officers Law §§10; 13; 30 Education Law §§ 701 (meeting to elect president, may elect vice president); 1707 (date of meeting); 2130 (appoint clerk, bonded treasurer and bonded tax collector)

Adoption date: January 17, 2007

ESMCSD Policy Book

2220 BOARD OFFICERS The President and Vice-President of the Board of Education shall be elected by members of the Board at the annual reorganization meeting in July. Duties of the President of the Board The duties of the President of the Board shall be as follows: 1. to preside at all meetings; 2. to call special meetings he/she considers necessary or on request of one member of the Board; 3. to appoint committees with the advice of fellow Board members; 4. to act as an ex-officio member of all committees; 5. to execute all documents on behalf of the Board; 6. to perform the usual and ordinary duties of the office. 7. to act as temporary chairperson of the annual district meeting and special district meetings; and 8. to vote, offer resolutions and discuss questions together with other members of the Board. Duties of the Vice-President The Vice-President shall assume all the duties of the President in his/her absence. Ref:

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

Adoption date: January 17, 2007

ESMCSD Policy Book

2230 APPOINTED BOARD OFFICIALS District Clerk The Board of Education shall annually appoint a District Clerk. The District Clerk shall: 1.

keep an accurate record of the proceedings of the Board of Education and shall submit a copy of the proceedings to each Board member and the Superintendent of Schools;

2.

file all correspondence and records relating to matters of the school district, involving the Board;

3.

prepare and arrange publication of legal notices;

4.

attend all public meetings of the Board (Regular and Special) as well as public hearings of the Board and, when requested;

5.

perform duties pertaining to the preparation for, and conduct of district elections, budget votes, and special district referendum elections;

6.

in the absence of both the President and Vice-President of the Board at a duly constituted meeting, determine the member with the longest tenure on the Board, in alphabetical order, and that member shall then assume all the usual duties of the President until either the President or Vice-President is in attendance;

7.

administer the Oath of Office for all Board members and school district officers; and

8.

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

District Treasurer The Board of Education shall also annually appoint a District Treasurer. The District Treasurer shall: 1.

act as custodian of all monies belonging to the district;

2.

receive all monies belonging to the district and issue receipt for same;

3.

deposit monies received in banks designated by the Board;

4.

be bonded in such sum as shall be required before entering into the duties of the office;

5.

pay out district monies on written order of officials of the Board; and

6.

give detailed accounts of monies received and disbursed.

Ref: Education Law §§2121; 2122; 2130 Adoption date: January 17, 2007 ESMCSD Policy Book

2260 CITIZENS ADVISORY COMMITTEES The Board of Education recognizes that it can beneficially utilize the talents, resources, and interests available among district residents to assist in developing the programs needed for the maintenance of a quality educational program in the schools of the district. To that end, the Board shall, at its discretion and in accordance with state law and regulation, appoint Citizens Advisory Committees of representative residents of the district to meet with the Board to provide advice and reaction about important matters before the Board which may have special significance for the community. Each citizens committee organized by the Board shall be appointed and discharged by official Board resolutions. Resolutions appointing such committees shall state specifically the scope of the work of the committee. Appointments to Citizens Advisory Committees shall be on the basis of interest, experience, expertise, and concern. No one shall be appointed as a representative of a specific group or area, unless it is the express purpose of the Board to have all areas of the community represented, in which case the Board will, in its discretion, appoint representative members of every such group or area. The Board shall make every effort to form a committee that is representative of the entire community. Committees shall report all suggestions and recommendations to the Board and Superintendent of Schools prior to public release. Final reports shall be delivered to the Board at a meeting scheduled by the Board to receive the report. The Board may accept, reject, or return committee recommendations for further study. Any action stemming from committee reports is the responsibility of the Board. Publicity, or the release of information, concerning committee findings shall be the responsibility and the prerogative of the Board. Advisory committees shall be discontinued upon completion of their assignment(s). Ref:

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

Adoption date: January 17, 2007

ESMCSD Policy Book

2260.1 CITIZENS LONG TERM FISCAL ADVISORY COMMITTEE The Eastport-South Manor Central School District Citizens Long Term Fiscal Advisory Committee will consist of community residents and will assist the Board of Education regarding the strategic planning of district finances and financial projections. The Committee will function in an advisory capacity under the direction of the Board of Education. The Board can utilize the committee members’ broad perspective and various expertise in a review of the economic landscape, district assets and liabilities, to create greater clarity of school finances and understanding regarding how fiscal condition may affect future spending plans or budgets. A consensus of committee members with regular attendance may make advisory recommendations to the Board of Education. Membership and Method of Selection The application process and appointment process for this Committee shall align with Board Policy 2260. The Citizens Long Term Fiscal Advisory Committee will be composed of a manageable quantity of individuals as determined by the Board who are residents of the School District and will be structured to represent the broadest possible interests of the Eastport-South Manor Central School District Community. Committee member positions will be filled by an application process. The Board of Education may also directly appoint any community member to the Committee. CLTFAC members can be appointed and removed at the Board’s direction. Member Requirements In order to ensure productive dialogue, CLTFAC members are required to attend at least three (3) of the five (5) meetings. The first Workshop is a mandatory session and will include key information describing pertinent laws, regulations, and school finances requirements imposed by New York state authorities. Ref: NYS Education Law 1709, Article 14 of the New York State Civil Service Law: Public Employees Fair Employment Act Adopted:

ESMCSD Policy Book

March 8, 2017

2270 SCHOOL ATTORNEY The Board of Education shall retain legal counsel who shall be appointed at the Annual Reorganizational Meeting of the Board of Education. The President of the Board, or the Superintendent of Schools or his/her designee, may contact the counsel on legal matters affecting the operation of the school district.

Selection of a School Attorney The district, when seeking to retain a School Attorney, will first locate prospective qualified lawyers/law firms by: 1. checking listings of lawyers/law firms; or 2. making inquiries of other districts or other appropriate sources. In selecting a School Attorney, the district will consider the cost of a retainer (or hourly fee), as well as such other factors as: 1. the special knowledge or expertise of the lawyer/law firm; 2. the quality of the service provided by the lawyer/law firm; 3. the staffing of the lawyer/law firm; and 4. the lawyer’s/law firm’s suitability for the district’s needs. The district will maintain documentation of the written proposals submitted by lawyer/law firm applicants for the position of School Attorney. Duties of the School Attorney The School Attorney shall: 1. attend all regular meetings of the Board and special meetings when requested by the Board President or Superintendent; 2. advise the Board and Superintendent when requested; 3. follow legislative proposals and new statues, advising the Board on the impact; 4. correspond with the Legal Department of the State Education Department as directed by the Board or Superintendent; 5. work with the Clerk and Superintendent in preparation for all District meetings and elections. Adoption date: April 22, 2015

ESMCSD Policy Book

2310 REGULAR MEETINGS In order to perform its duties in an open and public manner, and in accordance with state law, the Board of Education shall hold regular business meetings at least once a month. Whenever such a meeting is to take place, there must be at least seventy-two (72) hours advance notice in accordance with the provisions of the Open Meetings Law. Notice will be posted at the following public locations: a)

Front exterior door of the administration building

b)

District Bulletin Board at Eastport Elementary School on Montauk Highway, at Dayton Avenue Elementary School, South Street Elementary School and at Eastport/South Manor Junior-Senior High School.

The time, dates and place of regular Board of Education meetings shall be established at the annual reorganizational meeting. Board meetings shall not begin before 7:00 p.m. nor end later than 11:00 p.m. without a majority vote of the Board. In the event that the day appointed for a regular meeting falls on a legal holiday, the meeting shall be rescheduled. All regular Board meetings are open to the public, and meeting facilities shall provide access to persons with disabilities. In addition to the members of the Board, the following individuals will regularly attend the business meetings of the Board: the Superintendent of Schools, the Assistant Superintendents, and other specified personnel as deemed necessary. Cross-ref:

2210, Board Reorganizational Meeting

Adoption date: January 17, 2007

ESMCSD Policy Book

2320 SPECIAL MEETINGS Special meetings of the Board of Education must be called as requested by a member of the Board, making such a request to the Board President. Such meeting requires a notice of 24 hours to all Board members. Public notice of the time, place and purpose of the meeting shall be given, to the extent practicable, to the news media and shall be conspicuously posted in one or more designated public locations prior to the meeting. If, in an emergency, a special meeting is held before the 24-hour notice can be given, each member may be asked to sign a waiver of notice. A statement regarding the time of notice and signature of such forms shall be entered in the minutes. Cross-ref: Ref:

2310, Regular Meetings

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

Adoption date: January 17, 2007

ESMCSD Policy Book

2330 EXECUTIVE SESSIONS The Board of Education may hold executive sessions at which only the members of the Board or persons invited by the Board shall be present. However, the executive session is only available for the purpose of discussion, and except as the law allows, formal action must be taken in an open session. Executive sessions can be requested by any member of the Board or the Superintendent of Schools. A Board member must make a motion during an open meeting to convene in executive session. Upon a majority vote of its members, the Board may convene in executive session at a place which the Board President or said members may designate within the district to discuss the subjects enumerated below. Matters which may be considered in executive session are: 1.

matters which will imperil the public safety if disclosed;

2.

any matter which may disclose the identity of a law enforcement agent or informer;

3.

information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;

4.

discussions regarding proposed, pending or current litigation;

5.

collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law);

6.

the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;

7.

the preparation, grading or administration of examinations; and

8.

the proposed acquisition, sale, or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value thereof.

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

ESMCSD Policy Book

2330 A Board may not take action in executive session except to vote on disciplinary charges against a tenured teacher. Matters discussed in executive sessions must be treated as confidential. Ref:

Education Law §1708 (3) Public Officers Law §§100 et seq. Formal Opinion of Counsel No. 239, 16 EDR 457 (1976)

Adoption date: January 17, 2007

ESMCSD Policy Book

2342 AGENDA PREPARATION AND DISSEMINATION The Superintendent and/or the Board President shall prepare the agenda for each board meeting according to the order of business, to facilitate orderly and efficient meetings, and to allow board members sufficient preparation time. Items of business may be suggested by any Board member, district employee, parent, student, or other member of the public, and must relate directly to district business. The inclusion of items suggested by district employees, parents, students, or other members of the public shall be at the discretion of the Superintendent, subject to the approval of the Board President. Persons suggesting items of business must submit the item to the Superintendent at least seven (7) days prior to a regular meeting and one (1) day prior to a special meeting. Items will not be added to the agenda later than these time periods, unless the item is of an emergency nature and authorized by the Superintendent in consultation with the Board President. The agenda shall specify whether the item is an action item, a consent item, a discussion item or an information item. The agenda and any supporting materials will be distributed to board members five (5) days in advance of the board meeting to permit careful consideration of items of business. The agenda and supporting material to be discussed at the board meeting that is permissible to be released to the public will be posted on the district’s website, to the extent practicable, two days before the meeting. In addition, the agenda will be released to the news media including local newspapers, radio stations and television stations in advance of the meeting. The agenda and supporting material to be discussed at the board meeting that is permissible to be released to the public will also be available in the Superintendent’s office two days before the meeting and at the Board meeting to anyone who requests a copy. The District Clerk shall be responsible for ensuring that the agenda is available to the public and the media.

Cross-ref: Ref:

2350, Board Meeting Procedures

Public Officers Law 103(e)

Adoption date: March 6, 2013

ESMCSD Policy Book

2350 BOARD MEETING PROCEDURES Each Board of Education meeting shall be conducted in an orderly manner which provides time for and encourages community involvement. The order of business at each regular meeting shall be as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Call to order Attendance Pledge of Allegiance Approval of Minutes Approval of Monthly Reports Public Comments – First Call. Reports and recommendations of the Superintendent of Schools Old business New business Reports Public Comments – Second Call. Adjournment

The regular order of business may be changed at any meeting (and for that meeting only) by an affirmative vote of a majority and voting for the proposed change in the regular order of business. Except in emergencies, the Board shall not attempt to decide upon any question under consideration before examining and evaluating relevant information. The Superintendent shall be given an opportunity to examine and to evaluate all such information, and to recommend action before the Board attempts to make a decision. The Board may adjourn a regular or special meeting at any place in the agenda providing that arrangements are made to complete the items of business on the agenda at a future meeting. The minutes shall make notice of the adjournment, and the reconvened session shall be considered an addition to these minutes. Adoption date: January 17, 2007

ESMCSD Policy Book

2351 QUORUM A majority of the members of the Board of Education shall constitute a quorum for the transaction of the business of a regular meeting. Should there be fewer than four (4) members of the Board present at a regular meeting, a time for the new meeting shall be set by the members present and such meeting shall be deemed a regular meeting. Notice of rescheduled meetings shall be given to absent members pursuant to Policy 2340, Notice of Meetings. Final action on any resolution shall be valid only upon vote of the majority of the total membership of the Board. Adoption date: January 17, 2007

ESMCSD Policy Book

2352 RULES OF ORDER Robert's Rules of Order, Revised shall be adhered to in conducting a meeting of the Board of Education. Adoption date: January 17, 2007

ESMCSD Policy Book

2360 MINUTES The Board of Education believes that open and accurate communication regarding its internal operations enhances the district's public relations program and provides a record of the district's progress towards its annual goals. Therefore, the Board will maintain a complete and accurate set of minutes of each meeting, in accordance with law. The minutes shall constitute the official record of proceedings of the Board and shall be open to public inspection within one week of executive sessions and within two weeks of all other meetings. Minutes which have not been approved by the Board within this time frame shall be marked, “DRAFT.” A draft of the minutes of each meeting shall be forwarded to each member of the Board not later than the time the agenda for the next meeting is disseminated. The District Clerk shall be responsible for taking the minutes. The minutes shall conform to an established format. The minutes of each meeting shall include: 1. The type of meeting; 2. The date, time of convening and adjournment; 3. Board members present and absent; 4. Board members’ arrival and departure time, if different from opening or adjournment times; 5. All action taken by the Board, with evidence of those voting in the affirmative and the negative and those abstaining; 6. The nature of events that transpire, in general terms of reference; and 7. Consensus items. All Board minutes shall be signed by the Clerk and permanently stored electronically in a manner which ensures the complete and accurate reproduction of the minutes. Ref:

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

Adoption date: January 17, 2007

ESMCSD Policy Book

2382 BROADCASTING AND TAPING OF BOARD MEETINGS The use of any tape recording device at public meetings of the Board of Education or committee appointed thereby is permissible as long as the device is unobtrusive and will not distract from the true deliberative process of the Board. The Board and/or the committee reserve the right to direct that a tape recording be made to ensure a reliable, accurate, and complete account of Board meetings. The Board permits the broadcasting of public meetings of the Board or any of its committees as long as such broadcasting is done in a manner which is unobtrusive and does not interfere with the deliberative process of the body. The tape recording of the board meetings will begin as soon as the meeting is called to order and end once the meeting is adjourned. The audio recording of all meetings shall be made available to the public in accordance with applicable law. Ref: Open Meetings Law, Public Officers Law §§100 et seq. Mitchell v. Board of Education of Garden City UFSD, 113 AD2d 924 (1985) Feldman v. Town of Bethel, 106 AD 2d 695 (1984) People v. Ystueta, 99 Misc 2d 1105(1979) First Reading: July 1, 2014

ESMCSD Policy Book

2410 POLICY DEVELOPMENT, ADOPTION, IMPLEMENTATION AND REVIEW The Board of Education is responsible for adopting and assessing the effectiveness of the written policies by which the district is governed. The Board recognizes that written policies are essential to district governance in that they:    

Govern effectively and efficiently across time, situations and individuals. Provide the foundation and guidance for administrative action. Publicize the federal, state and local rules that govern the district. Help to evaluate progress by including measurable outcomes.

Development The Board is committed to developing written policies which:     

Clearly define the district’s goals and objectives and reflect the Board’s vision. Define roles and responsibilities and identify who is responsible for what. Provide the Superintendent and district staff with clear guidance regarding expected district administration. Allow for flexibility that is needed for day-to-day operations. Include measurable outcomes.

Any member of the Board, district staff, students, parents, district taxpayers or other member of the public may identify policy issues. Such issues shall be identified to the Superintendent. The Superintendent shall be responsible for submitting policy issues to the Board for consideration and for keeping a record of all policy initiatives submitted to the Board. Before acting on any proposed policy, the Board will assemble the relevant facts, receive recommendations from individuals and groups who will be affected by the policy, and discuss, debate and decide on the substance of the policy in open meeting. The Superintendent shall be responsible for identifying the individuals and groups who will be affected by the policy. The Superintendent shall be responsible for preparing a written draft of all proposed policies. When reviewing the contents of a proposed policy, the Board will consider whether the proposed policy:        

ESMCSD Policy Book

Is within the scope of the Board’s authority. Is consistent with state and federal law and the state and federal Constitutions. Supports the district’s goals and objectives. Reflects good practice (e.g., educational, personnel, business, etc.). Is reasonable and not arbitrary or discriminatory. Adequately covers the subject. Is consistent with the Board’s existing policies. Can be administered in a practical, cost effective manner.

2410 Adoption Once a proposed policy has been drafted, it shall be reviewed by the School Attorney. If acceptable to the School Attorney, the proposed policy shall be placed on the Board’s agenda for a first reading, giving all persons interested in it an opportunity to express their views. The Board will not take any official action on any policy on first reading, unless a two-thirds majority decides that it is necessary to do so. If the draft policy is acceptable or if it is not acted upon out of necessity after the first reading, the draft policy will be placed on the Board’s agenda for a second reading, at which time the Board will officially act. Implementation The Superintendent shall be responsible for implementing all policies adopted by the Board. This responsibility shall include: promulgating any necessary administrative regulations, ensuring that the policy is included in the board policy manual, and publicizing the policy as necessary to ensure that persons affected by the policy are aware of it. The board policy manual shall be kept in the district office and made available to the public upon request. A copy of the board policy manual shall also be kept in the high school library, the faculty room, the attorney’s office and other central locations to ensure that policies are available to the public. Review The Superintendent shall be responsible for informing the Board of any policies that are out-ofdate or in need of revision. In addition, the Board will review the policy manual once every three years and update it as necessary to ensure that the policies are consistent with board goals and district practices. Ref:

Education Law §1604, 1709, 1804 (powers and duties of board of education)

Adoption date: January 17, 2007

ESMCSD Policy Book

2510 NEW BOARD MEMBER ORIENTATION The Board of Education and the administrative staff shall assist each new Board member-elect to become familiar with and to understand the Board's functions, policies and procedures, and the school district's operation before taking office. Each Board member-elect shall, as soon as possible, 1.

be given selected materials covering the function of the Board and the school district, including (a) policy manual, (b) copies of key reports prepared during the previous year by school Board committees and/or the administration, (c) the School Law handbook prepared by the New York State School Boards Association, (d) negotiated contract agreements, (e) latest financial report of the district, (f) copies of all pending and settled grievances of the previous year or before that are pertinent to the current year’s decision-making, (g)a list of pending litigation, (h) a detailed budget for the upcoming year, (i) a set of the previous year’s goals, (j) a copy of the current school curriculum, (k) any other materials which may be deemed helpful and informative.

2.

be invited to attend all Board meetings and functions;

3.

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

4.

be invited and encouraged to attend the New York State School Boards Association's workshop for New School Board Members.

Adoption date: January 17, 2007

ESMCSD Policy Book

2520 BOARD MEMBER TRAINING Members of the Board of Education elected or appointed for a term beginning on or after July 1, 2005, shall, within the first year of their term, complete a minimum of six hours of training on the fiscal oversight, accountability and fiduciary responsibilities of a school board member. Such training may be offered as part of a general course of training for the purpose of educating Board members on their powers, functions and duties. Each member shall demonstrate compliance with this requirement by filing with the district clerk a certificate of completion of such course issued by the provider. Actual and necessary expenses incurred in complying with this requirement shall be a charge against the school district. Cross-ref: Ref:

2510, New Board Member Orientation 2521, School Board Conferences, Conventions, and Workshops

Education Law §2102-a

Adoption date: January 17, 2007

ESMCSD Policy Book

2521 SCHOOL BOARD CONFERENCES, CONVENTIONS, WORKSHOPS In recognition of the need for continuing in-service training and development for its members, the Board of Education encourages the participation of all members in meetings and activities of area, state, and national school Boards associations, as well as in the activities of other educational groups. Board members are encouraged to study and examine materials received from these organizations as well as publications and tapes available in the Board's own library. In order to control both the investment of time and funds necessary to implement this policy, the Board establishes these principles and procedures for its guidance: 1.

The Board Clerk shall maintain a calendar listing school Board conferences, conventions, and workshops, to help the Board decide which meetings appear to be most promising in terms of producing direct and indirect benefits to the school district.

2.

Fund for participation at such meeting will be budgeted for on an annual basis. When funds are limited, the Board will designate which of its members would be the most appropriate to participate at a given meeting. The Board will reimburse conference attendees (Board members) for reasonable and necessary expenses not paid for directly by the district (travel, hotel, meals, registration).

3.

When any Board member attends a conference, convention, or workshop, the member will be requested to share information, recommendations, and materials acquired at the meeting.

Cross-ref:: 6830, Expense Reimbursement Adoption date: January 17, 2007

ESMCSD Policy Book

Table of Contents (Series 3000) Policy Goals and Objectives for Administration ......................................................

3000

Superintendent of Schools .............................................................................

3100

Duties of Superintendent................................................................................

3120

Management Team.........................................................................................

3210

Organizational Chart ......................................................................................

3230

ESMCSD Policy Book

3000 GOALS AND OBJECTIVES FOR ADMINISTRATION The Board of Education recognizes that proper administration is vital to a successful educational program. The Board expects the educational administration to direct, coordinate and supervise students and staff in their efforts to reach the goals and objectives adopted by the Board. Within the guidelines of board policy, negotiated agreements and state law, the Board expects the educational administration to:

Ref:

•

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

•

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

•

Provide these optimum educational opportunities at the lowest possible cost.

•

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

•

Coordinate the resources of the community with those of the district.

Education Law §§ 1604, 1711, 2507, 2508

Adoption date: February 6, 2008

ESMCSD Policy Book

3100 SUPERINTENDENT OF SCHOOLS The Board of Education shall by a majority vote appoint a Superintendent of Schools for a term of three years. This contract shall be reviewed in accordance with the provisions agreed upon by the parties and made part of the contract. The Superintendent shall serve as the chief executive officer of the Board and as such shall carry out the policies established by the Board. The Superintendent is the executive officer for the Board of Education and the unitary leader of the school district. In harmony with the policies of the Board, the Laws of New York State, and the Commissioner's Regulations, the Superintendent has executive authority over the school system and the sole responsibility for its effective functioning. The Superintendent attends all meetings of the Board and participates in all of its deliberations, except that the Superintendent may be excluded when his/her employment contract or performance is discussed in executive session. The Superintendent advises the Board in policy development and general planning and assumes initiative in presenting associated issues to the Board for consideration. The Superintendent provides data and information to the Board concerning progress and problems of the district. The Board depends upon the Superintendent for educational leadership and professional counsel in its deliberations. In emergency matters, the Superintendent is authorized by the Board to act at his/her discretion subject to subsequent approval by the Board. The Superintendent shall be accountable at all times to the Board. Ref:

Education Law §§1604; 1711; 2507; 2508; 2565; 3003(4)

Adoption date: February 6, 2008

ESMCSD Policy Book

3120 DUTIES OF THE SUPERINTENDENT The Superintendent of Schools, as chief executive officer of the Board of Education, will have the following specific powers and duties: Relationship with the Board 1.

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

2.

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

3.

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

4.

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

Educational Direction and Leadership 5.

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

6.

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

7.

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

8.

to encourage a positive approach to student behavior and discipline;

ESMCSD Policy Book

3120 Personnel 9.

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

10.

to recruit qualified professional, civil service, and non-certified personnel. He/She may authorize the payment of part or all of the expenses of candidates for teaching positions if the candidates are asked to come to the district for visits or interviews;

11.

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

12.

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

13.

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

14.

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

Financial Management 15.

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

16.

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

Facilities Management 17.

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

ESMCSD Policy Book

3120 18.

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

Community Relations 19.

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

20.

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

Personal Qualities and Growth 21.

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

22.

to exhibit good judgement, common sense and perception;

23.

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

24.

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

25.

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

Management Functions 26.

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

Planning: determining needs, objectives and goals;

•

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

•

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

•

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

ESMCSD Policy Book

3120 •

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

•

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

27.

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

Ref:

Education Law §§1604(8); 1711; 1804

Adoption date: February 6, 2008

ESMCSD Policy Book

3210 MANAGEMENT TEAM The Board of Education recognizes that the quality of the district's schools is in large measure dependent upon securing maximum participation of all members of the management team, which consists of the Superintendent of Schools and the administrative staff. The management team concept is recognized as an arrangement for responsible and appropriate involvement of administrative personnel in decision making. The Board believes the team approach to management best capitalizes upon shared strengths in cooperative decision making. The members of the team act in an advisory capacity and participate in decision making when appropriate. Among the management team's responsibilities are: 1.

to make policy recommendations to the Superintendent and Board as assigned;

2.

to develop for Superintendent's approval and Board review, administrative regulations implementing policy adopted by the Board;

3.

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

4.

to interpret and disseminate district policies and programs to other district personnel, students and citizens;

5.

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

6.

to evaluate proposals made by other employees in negotiations with the district's designated representative(s) and to recommend to the Superintendent and Board the district's response to such proposals; and

7.

to serve as support personnel to the district's negotiator(s).

The Board also encourages a management approach that focuses upon the development and assessment of management objectives supportive of the Board's approved district plan. The Superintendent is directed to provide for placing into operation the provisions for implementing a management team concept for school administration. Ref:

Education Law §§ 1604(8); 1711; 1804

Adoption date: February 6, 2008

ESMCSD Policy Book

3230 Eastport-South Manor Central School District Organizational Chart Board of Education

Superintendent of Schools

District Clerk

Assist. Supt. for Business

Assist. Supt. for Curriculum

District Treasurer

Assist. Supt. for Personnel

Assist. Bus. Admin.

Facilities Admin.

Food Service

Trans. Coord.

Assistant Principals

Coordinators Lead Teachers

Updated: June 9, 2009 H:/Personnel/Organizational Chart 2009 (ls)

Adoption date: February 6, 2008 Revised: June 9, 2009

ESMCSD Policy Book

Dir. of Sp. Ed. Dir. of Tech. Dir. of Athletics

Principals

Dept. Chairs

Table of Contents (Series 4000) Policy Student Learning Objectives and District Instructional Goals ......................

4000

Equivalence In Instructional Staff and Materials ………………………......

4010

Curriculum Management ...............................................................................

4200

Pilot Projects ..................................................................................................

4220

Display of the Flag .........................................................................................

4311.1

Display of the Flag Regulation ......................................................................

4311.1-R

AIDS Instruction ............................................................................................

4315.1

Provision of Special Education Services in the Least Restrictive Environment ..............................................................................................

4320.1

School-Wide Pre-Referral Approaches and Interventions ............................

4320.2

Programs for Students with Disabilities Under IDEA and Article 89 ...........

4321

Allocation of Space for Special Education Programs and Services ..............

4321.1

Preschool Special Education ..........................................................................

4321.2

Independent Educational Evaluations ............................................................

4321.3

Impartial Hearing Officer Appointment and Compensation .........................

4321.4

Individualized Education Program Distribution ............................................

4321.5

Availability of Alternative Format Instructional Materials for Students With Disabilities ………………………………………………………. ......

4321.6

Declassification of Students with Disabilities ……………………………. .

4321.9

Public Report on Revisions to District Policies, Practices and Procedures Upon A Finding of Significant Disproportionality …………………… .......

4321.11

Programs for the Gifted and Talented ............................................................

4322

Academic Intervention Services ....................................................................

4325

Limited English Proficiency Instruction ........................................................

4326

ESMCSD Policy Book

Placement in a Language Instruction Program (Sample Parental Notification) ....

4326.1

Questions and Answers about Your Child’s English Instruction Educational Program ......................................................................................

4326-E.1

Failure to Meet Annual Measurable Objectives Relating to English Proficiency (Sample Parental Notification) ...........................................................

4326-E.2

Internet Safety Acceptable Use Policy…………………………………… ..

4526.1

Internet Safety Acceptable Use Policy Regulation…………………………

4526.1-R

Field Trips and Excursions…………………………………………… ........

4531

Field Trips and Excursions Regulation ……………………………… .........

4531-R

School Volunteers ..........................................................................................

4532

Student Evaluation………………………………………………………. ....

4710

Homework......................................................................................................

4730

Promotion and Retention of Students………………………………………

4750

Graduation Requirements………………………………………………......

4770

Teaching About Controversial Issues ……………………………………..

4810

Animal Dissection ………………………………………………………....

4850

ESMCSD Policy Book

4000 STUDENT LEARNING OBJECTIVES AND DISTRICT INSTRUCTIONAL GOALS The Board of Education is committed to working with the Superintendent of Schools, district staff, parents and students to promote and sustain an educational system which is dedicated to academic excellence and the fulfillment of each individual student’s potential. Therefore, the Board adopts the following learning objectives and instructional goals for all students in the district: Objective 1: All students will demonstrate the ability to engage in effective and productive communication including the skills of speaking, listening, writing and reading. Objective 2: All students will demonstrate the ability to understand and interpret mathematical information and to perform the mathematical processes that are needed in daily life. Objective 3: All students will demonstrate the ability to think logically, critically and creatively including the ability to use knowledge constructively, and to attack problems intelligently, giving due respect to honest differences of opinion. Objective 4: All students will use scientific concepts, principles and theories to gain an understanding of their physical setting. Objective 5: All students will use their intellectual skills to demonstrate their understanding of U.S. history, State history and World history including an understanding of economic systems, civil rights and civic duties. Objective 6: All students will be able to communicate in languages other than English. Objective 7: All students will develop knowledge of and an appreciation for the arts. Objective 8: All students will acquire the knowledge and skills to incorporate physical fitness into their daily lives. Objective 9: All students will demonstrate the ability to understand, use and appreciate the lifeenriching insights and perspectives that are provided in the subject areas of language arts, science, math, technology, history, social studies, technical and occupational studies, second languages, arts, music and humanities, physical education and home and career skills. Objective 10: All students will demonstrate the ability to plan for, assess progress toward, and achieve success in the variety of interrelated roles they will assume during their lives including those involving post-secondary education or careers, family and/or parenting responsibilities, maintenance of physical, mental and emotional health and management of personal resources. Objective 11: 100% of all students will graduate from high school. Objective 12: All students shall leave the public school system having demonstrated competency in challenging subject matter including language arts/literacy, mathematics, science, technology and social studies. In order to ensure that all students meet the Board’s articulated learning objectives, the Board establishes the following instructional goals to guide district administration and staff: ESMCSD Policy Book

4000 1.

High standards shall be established for all students;

2.

Academic expectations shall be raised for all students;

3.

The district shall work to close the achievement gap among all students;

4.

District wide student scores on all tests shall be raised;

5.

The district shall develop a plan for reducing core subject failure rates in grades 712;

6.

Common academic core subjects shall be provided to all students;

7.

The district will establish a district-wide reading, math and technology program;

8.

The district shall implement state approved core curriculum content standards and appropriate support services designed to enable all students to succeed.

Adoption date: March 5, 2008

ESMCSD Policy Book

4010 EQUIVALENCE IN INSTRUCTIONAL STAFF AND MATERIALS In accordance with the federal No Child Left Behind Act, the Board of Education directs that services in Title I schools and programs, when taken as a whole, shall be substantially comparable to services in schools and programs that do not receive Title I funds. This includes curriculum materials, instructional supplies, and personnel (teachers, administrators, and other personnel). The Superintendent of Schools shall follow the State Education Department guidelines in determining such equivalence on an annual basis, and report to the Board, upon request, on the status of district schools with regard to equivalence. The district shall maintain records, updated biannually, documenting this equivalence. Complaints regarding the district’s implementation of this equivalence requirement shall be addressed in accordance with Board policy 1400, Complaints from the Public. Cross-ref: Ref:

1400, Complaints from the Public

20 USC §6321(c) (No Child Left Behind Act of 2001)

Adoption date: February 3, 2010

ESMCSD Policy Book

4200 CURRICULUM MANAGEMENT The Board of Education recognizes its responsibility for the development, assessment and improvement of the educational program of its schools. To this end, the Board is committed to establishing and maintaining a coordinated curriculum management process that: 

Defines how the district’s curriculum is developed and approved.



Ensures that the curriculum is taught and tested.



Provides for the ongoing review and evaluation of the curriculum.

For purposes of this policy, “curriculum” means a program of planned instruction that is coordinated, articulated and implemented to result in achievement of specific knowledge and skills, and application of such knowledge and skills by all students. Curriculum Development The Board views a centralized curriculum articulated among and between grade levels as essential to an effective instructional program designed to meet the learning standards established by the state and the Board. The Superintendent of Schools, in coordination with the Assistant Superintendent for Curriculum and Instruction, shall be responsible for the development of a written curriculum designed to meet identified student needs. He/she shall establish procedures for curriculum development that provides for the effective participation of administrators and teachers. There are many resources for curriculum development in the school district and the instructional staff, under the guidance of the administration, is expected to utilize those resources for continuous improvement of the instructional program. Each teacher has the privilege of being an initiator of improvement. The curriculum shall: 

Comply with state mandates regarding course offerings and essential knowledge and skills.



Focus on the content standards of each discipline and ensure that what students learn is rigorous, challenging and represents the most important learning for students.



Provide sufficient flexibility to meet individual student needs at each stage of development.



Reflect current research, best practices and technological advancements within each discipline.



Promote congruence among the written, taught and assessed content.

ESMCSD Policy Book

4200 Curriculum Adoption Every three years the Superintendent shall present the written curriculum to the Board for its review and adoption. Each intervening year the Superintendent or his/her designee shall present to the Board and public only those portions of the curriculum that have changed. These reports will be presented by January 1 of each year unless otherwise directed by the Board. In addition, the Board will adopt instructional materials that support the adopted curriculum. Curriculum Implementation Implementation of the curriculum rests primarily with the teaching staff. In carrying out this responsibility, the teaching staff shall work to ensure continuity between the written, taught and tested curriculum. The Building Principal shall be responsible for the management of the implementation of the aligned curriculum at the building level. He/she shall carry out this management function through activities which include analyzing student assessment data, making classroom observations of teachers, and providing opportunities for teachers to discuss and share ideas and strategies. The district's curriculum for each subject or course shall be communicated to the teaching staff in a written curriculum guide developed annually by the Superintendent. Such guides will provide the necessary information to direct instruction and ensure continuity among and between grade levels. The guides shall also include a description of the essential knowledge and skills for the course, instructional philosophy, appropriate sequence, and correlation of major resources. Curriculum guides shall be made available to parents and community members upon request to promote understanding of district goals and objectives. Curriculum Review The Board recognizes the need for and the value of a systematic, ongoing program of curriculum evaluation that includes collecting and analyzing data about student achievement. All aspects of the curriculum shall be subjected to a searching and critical analysis in an attempt to improve students’ learning and growth. Such a program is essential to evaluate program effectiveness in each content area and to make judgments about resource allocation. The Superintendent shall develop guidelines to evaluate the instructional program to ensure its continued effectiveness. With prior Board approval, the Superintendent may conduct pilot programs deemed necessary to the continuing improvement of the instructional program. The Superintendent shall report his/her findings regarding the effectiveness of the instructional program to the Board periodically, and, if necessary, shall recommend changes to the district's curriculum. Ref:

Education Law §§1709(3); 1711(5)

Adoption date: March 5, 2008

ESMCSD Policy Book

4220 PILOT PROJECTS In order to provide for constructive and responsive changes and innovations in the schools, the Board of Education shall encourage the development of pilot projects aimed at improving the educational program. A pilot project is defined as the introduction of a new educational program, strategy, material, technology or equipment on a trial basis. The pilot project will be implemented for a specified period of time deemed to be sufficient for fair evaluation of the project’s feasibility and success in meeting a district need. All pilot programs will be recommended by the Superintendent to the Board for approval prior to implementation. The Superintendent will submit periodic reports to the Board on all ongoing projects and evaluations. The Board may, at its discretion, terminate a pilot program at any time. Adoption date: April 2, 2008

ESMCSD Policy Book

4311.1 DISPLAY OF THE FLAG The Board of Education believes that the flag of the United States is a symbol of the values of our nation, the ideals embedded in our Constitution and the spirit that should animate our district. The district shall purchase a United States flag, flag staff and the necessary appliances for its display upon or near every school building. There shall be a flag on display in every assembly room of every school. The flag shall be flown at full- or half-staff pursuant to law. In addition, the flag may be flown at half-staff to commemorate the death of a present or former Board member, present employee, student or any other individual deemed to be deserving of such honor by virtue of their service and/or relationship to the school district. Consistent with national and state law and regulations and this policy, the Superintendent of Schools shall develop rules and regulations for the proper custody, care and display of the flag. Ref:

Education Law §§418; 419; 420 (requirement for the school to purchase, display and develop rules and regulations for the care and custody of the flag) Executive Law §§400-403 (rules for display of the flag) 8 NYCRR Part 108 (flag regulations) 36 U.S.C. §§173-177 (display of the flag)

Adoption date: April 2, 2008

ESMCSD Policy Book

4311.1-R DISPLAY OF THE FLAG REGULATION Flags Displayed Out-of-Doors and on Movable Hoists Indoors A United States flag shall be displayed in front of every school building in the district every day that school is in session and at such other times as the Superintendent of Schools shall direct. Unless otherwise stated, the flags shall be flown at full-staff. The flags may also be displayed at night upon special occasions, at the discretion of the Superintendent, when it is desired to produce a patriotic effect. In addition to days when school is in session, the flags will be displayed on the following days: New Year's Day, Martin Luther King, Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Flag Day, the Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Pearl Harbor Day and Christmas Day. If any of these days (except Flag Day) falls on a Sunday, the flag shall be displayed on the next day. In addition, the flag shall be displayed on each general election day and each day appointed by the President of the United States or by the Governor of New York as a day of general thanksgiving or for displaying the flag. Flags shall be flown at half-staff on Pearl Harbor Day, 9/11, on days commemorating the death of a personage of great importance, and on days designated by the President or the Governor. Flags on individual buildings may be flown at half-staff for one week if a present employee or student in that building dies. The flag may also be flown at half-staff the day of the funeral of any former employee well-known in the school. This should be at the discretion of the Superintendent in consultation with the Board of Education. All flags in the district are to be flown at half-staff for one week when a present Board member dies. All flags are put at half-staff on the day of the funeral of a former Board member. All flags in the district are flown at half staff on the day of the funeral of a present employee or a present student. The flag will not be displayed on days when the weather is inclement. Hoisting of the Flag The flag shall be hoisted briskly and lowered ceremoniously. In half staffing the flag, it first should be hoisted to the peak for an instant and then lowered to the half-staff position. The flag shall be again raised to the peak before it is lowered for the day. The flag shall never be put at half mast in the middle of the day. It must be put at half mast in the morning only. Indoor Flags and Those Not on Movable Hoists There shall be a United States flag in each assembly room of every school in the district. It is the duty of the teacher or other person in charge of each assembly room to ensure that the flag in the room is displayed from a staff standing at the audience's right as they face the stage. If the flag is placed on the platform, it should stand at the right of the speaker as he/she faces the audience and at the audience's left as they face the stage. ESMCSD Policy Book

4311.1-R Destruction of the Flag When a flag is so worn that it is no longer fit to serve as a symbol of our country it should be destroyed by burning in a dignified manner. The Superintendent shall decide if such destruction is warranted. Adoption date: April 2, 2008

ESMCSD Policy Book

4315.1 AIDS INSTRUCTION The district will provide age appropriate classroom instruction in compliance with commissioner's regulations, for all students K-12 concerning Acquired Immune Deficiency Syndrome (AIDS). Instruction will be provided as part of the sequential and comprehensive health program and shall include the following information: 1.

the nature of the disease;

2.

methods of transmission of the disease; and

3.

methods of prevention of the disease stressing abstinence as the most effective and appropriate protection against AIDS.

A student shall be excused from that segment of AIDS instruction regarding methods of prevention of the disease if his/her parent/guardian files a request with the Building Principal. The request must give assurance that such instruction will be given at home. The Board of Education shall be responsible for determining the content of the district’s AIDS curriculum, approving its implementation and evaluating the AIDS instructional program. In addition, the Board will ensure appropriate training and curriculum materials are provided for the instructional staff providing AIDS instruction and to parents who request such materials. Ref:

Education Law §3204(5) 8 NYCRR §135.3 (Health Education incl. AIDS instruction) Ware v. Valley Stream High School District, 75 NY2d 114 (1989) New York State School Boards Association v. Sobol, 168 AD2d 188 (1991) Matter of Knowledge, 32 EDR 451 (1993) (function of advisory councils)

Adoption date: April 2, 2008

ESMCSD Policy Book

4320.1 PROVISION OF SPECIAL EDUCATION SERVICES IN THE LEAST RESTRICTIVE ENVIRONMENT The Board of Education recognizes its responsibility to ensure that students with disabilities eligible for special education programs and services under the IDEA and Article 89 of New York’s Education Law receive those services in the least restrictive environment appropriate to meet their individual educational needs. Therefore, the district will not place students with disabilities in special classes or separate schools, or otherwise remove them from the regular educational environment unless the nature or severity of their disability is such that their education cannot be achieved satisfactorily in regular classes, even with the use of supplementary aids and services. In addition, the district will provide special services or programs to enable students with disabilities to be involved in and progress in the general curriculum, to the extent appropriate to their needs. To fulfill its responsibility to educate students with disabilities in the least restrictive environment, the district will implement the provisions of section 200.6 of commissioner’s regulations. Furthermore, and pursuant to those provisions, students with disabilities placed together for purposes of receiving special education will be grouped by similarity of individual needs including their range of academic achievement, functional performance and learning characteristics; social and physical development, and management needs. The Superintendent will establish a process for ensuring that the CSE or CSE subcommittee Chairperson, as appropriate, obtains an up-to-date copy of those provisions at the beginning of each school year, and copies of any amendments that become effective during the school year. The Board also recognizes that the least restrictive environment requirements established by applicable law and regulations also extend to nonacademic settings. Therefore, the district will provide students with disabilities the opportunity to participate with non-disabled students in school-sponsored co-curricular and extracurricular activities, to the maximum extent appropriate to each individual student’s needs. The district also will provide students with disabilities with supplementary aids and services the CSE or CSE subcommittee, as applicable, determines to be appropriate and necessary for the students to participate in such activities. Ref:

Individuals with Disabilities Education Act (IDEA), 20 USC §§1400 et seq. 8 NYCRR §§200.2(b)(4); 200.6

Adoption date: May 22, 2013

ESMCSD Policy Book

4320.2 SCHOOL-WIDE PRE-REFERRAL APPROACHES AND INTERVENTIONS The Board of Education recognizes that the provision of academic and behavioral supports and targeted interventions for students who are not making academic progress at expected levels in the general curriculum may improve a student’s performance, and help avert the need for referral for possible classification as a student with a disability. Therefore, the district will implement on a school-wide basis practices appropriate to enable all of the district’s students to succeed in the general education environment. The Superintendent will identify and take steps to implement a variety of practices appropriate to comply with this policy. Consistent with applicable law and regulation, those practices may include, for example: 1.

Providing early intervention services with funds available under the IDEA and which may be coordinated with similar activities conducted under the Elementary and Secondary Education Act. Such services would be made available to students not currently identified as needing special education and related services, but who need additional support to succeed in a general education setting. This may include professional development that enables teachers and other staff to deliver scientifically based academic instruction and behavioral interventions, such as scientifically based literacy instruction and, where appropriate, instruction on the use of adaptive and instructional software. It also may include educational and behavioral evaluations, services and supports.

2.

Implementation of a response to intervention (RTI) program that includes the minimum requirements established by commissioner’s regulations, and allows teachers and other staff to determine whether a student responds to scientific, research-based instruction or requires interventions beyond those provided to all students in the general education classroom.

3.

Implementation of a positive behavioral intervention and support (PBIS) system that reduces school and classroom behavioral problems, and creates and maintains a safe and positive learning environment by promoting positive behavior in all students.

District implementation of any of the above practices will not impede or delay the appropriate evaluation of a student suspected of having a disability, and the student’s right to a free appropriate public education. Cross-ref: Ref:

4000, Student Learning Objectives and Instructional Goals 4325, Academic Intervention Services

Individuals with Disabilities Education Act 20 USC §§ 1413(f); 1414(b)(6)(B) 34 CFR §§ 300.226; 300.307(a)(2) 8 NYCRR §§ 100.2(ii); 200.2(b)(7)

Adoption date: May 22, 2013

ESMCSD Policy Book

4321 PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER THE IDEA AND NEW YORK’S EDUCATION LAW ARTICLE 89 The Board of Education shall make available a free appropriate public education to all students with disabilities who reside within its district and are eligible for special education and related services under the Individuals with Disabilities Education Act and Article 89 of New York’s Education Law, and their implementing regulations. Special education and related services will be provided to resident eligible students with disabilities in conformity with their individualized education program (IEP) and in the least restrictive environment appropriate to meet their individual educational needs. Special education services or programs will be designed to enable a student with disabilities to be involved in and progress in the general education curriculum, to the extent appropriate to his/her needs. The Board also shall make available special education and related services to eligible students with disabilities parentally placed in a nonpublic school located within the district, regardless of whether they are residents of the district. However, this obligation does not extend to resident students with disabilities who are placed by their parents in a nonpublic school within district boundaries because of a disagreement between the parents and the school district over the provision of a free appropriate public education. Nonpublic school students with disabilities who are not district residents but who reside within New York State will be provided programs and services in accordance with their individualized education services program (IESP). Nonpublic school students with disabilities who reside out-of-state will be provided services in accordance with their services plan (SP). (Refer to policy 4321.10, Programs and Services for Parentallyplaced Nonpublic School Students with Disabilities under the IDEA and New York’s Education Law Article 89 for more guidance on this topic). In addition, to the maximum extent appropriate to their individual needs, eligible students with disabilities residing within the district and attending the district’s public schools will be entitled to participate in school district academic, co-curricular and extracurricular activities available to all other students enrolled in the district’s public schools. Such co-curricular and extracurricular activities may include athletics, transportation, recreational activities, school-sponsored special interest groups or clubs, and referrals to agencies that provide assistance to individuals with disabilities and the employment of students (including both employment by the school district and assistance in making outside employment available). In providing a free appropriate public education to students with disabilities eligible under the IDEA and Article 89, the Board will afford the students and their parents the procedural safeguard rights they are entitled to under applicable law and regulations. The Board also will provide them with notice of such rights as required by law and regulation, using the form prescribed by the commissioner of education. For purposes of this policy and others related to the provision of services to eligible students with disabilities, and consistent with applicable law and regulation, the word parent means a birth or adoptive parent, a legally appointed guardian generally authorized to act as the child’s parent or authorized to make educational decisions for the child; a person in parental relationship to the child as defined in section 3212 of the Education Law; an individual designated as a person in parental relation pursuant to title 15-A of the General Obligations Law, including an individual so designated who is acting in the place of a birth or adoptive parent (including a grandparent,

ESMCSD Policy Book

4321 stepparent, or other relative with whom the child resides; or a surrogate parent who has been appointed in accordance with commissioner’s regulations. Eligible students with disabilities will be entitled to special education and related services until the end of the school year in which they turn 21 or until they receive a local high school or Regents diploma. Students with disabilities may not be required to take medication as a condition for receiving a free appropriate public education. To ensure the provision of a free appropriate public education to all eligible students with disabilities: 1.

School district staff will take steps to locate, identify, evaluate and maintain information about all children with disabilities within the district, including homeless children and children who are wards of the state, and children attending nonpublic school within the district (including religious schools), who are in need of special education.

2.

The district will establish a plan and practice for implementing school-wide approaches and interventions in order to remediate a student’s performance prior to referral for special education services. The district will provide general education support services, instructional modifications, and/or alternative program options to address a student’s performance before referring the student to the Committee on Special Education (CSE). The Child Study Team will develop, implement and evaluate pre-referral intervention strategies (4321.2, School-wide Pre-referral Approaches and Interventions). School district staff will initiate a request for evaluation of a student who has not made adequate progress after an appropriate period of time when provided instruction under a response to intervention program. In making the request, the staff person will describe in writing intervention services, programs and instructional methodologies used to remediate the student’s performance prior to referral, including any supplementary aids or support services provided for this purpose, or state the reasons why no such attempts were made. In addition, the extent of parental contact or involvement prior to the referral will be described as well.

3.

The Board will appoint a committee on special education (CSE), and, as appropriate, CSE subcommittees, to assure the timely identification, evaluation and placement of eligible students with disabilities.

4.

The Board will arrange for special education programs and services based upon the recommendation of the CSE or CSE subcommittee.

5.

The Superintendent shall establish a plan for the recruitment, hiring and retention of staff appropriately and adequately prepared to meet the needs of students with disabilities including, but not limited to, highly qualified special education teachers.

6.

The Superintendent shall establish a comprehensive professional development plan designed to ensure that personnel necessary to carry out IDEA and Article 89 possess the skills and knowledge required to meet the needs of students with disabilities.

ESMCSD Policy Book

4321 7.

The Superintendent will establish a process for ensuring that district staff understand the right of students with disabilities to access and participate in the same academic, cocurricular and extracurricular programs and activities as all other students enrolled in the district’s public schools, to the maximum extent appropriate to their individual needs.

Locate and Identify Students with Disabilities The district will conduct an annual census to locate and identify all students with disabilities who reside in the district, and establish a register of such students who are entitled to attend the public schools of the district during the next school year, including students with disabilities who are homeless or wards of the State. The census shall be conducted, and the registry maintained, in accordance with the requirements established in Commissioner’s regulations. The Superintendent will determine what other activities might be appropriate to help locate and identify students with disabilities. These may include, but are not limited to, the mailing of letters to all district residents regarding the availability of special education programs and services and their right to access such services, and/or the publication of a similar notice in school newsletters and other publications. (Refer to policy 4321.10, Programs and Services for Parentally-placed Nonpublic School Students with Disabilities under the IDEA and New York’s Education Law Article 89, for more information regarding how to locate and identify nonpublic school students with disabilities). Evaluation of Students with Disabilities To initially determine a student’s eligibility for a free appropriate public education under the IDEA and Article 89, the district will conduct a full evaluation of the student in accordance within legally prescribed time lines. As set forth in Commissioner’s regulations, the initial evaluation will include, at least, a physical examination, an individual psychological evaluation unless the school psychologist determines it unnecessary, a social history, an observation of the student in the student’s learning environment to document the student’s academic performance and behavior in the areas of difficulty, and other appropriate assessments or evaluations (including a functional behavioral assessment for a student whose behavior impedes his or her learning or that of others) to ascertain the physical, mental, behavioral and emotional factors that contribute to the suspected disabilities. Once a student has been determined eligible to receive a free appropriate public education, the district will reevaluate the student with a disability whenever the student’s parent requests a reevaluation, and when the district determines the educational and related services needs (including improved academic achievement and functional performance) of the child warrant a reevaluation. However, a reevaluation must take place at least once every three years, unless the student’s parent and the district agree it is unnecessary. Parental Consent for Student Evaluations Before conducting any type of evaluation, district staff will take steps to obtain written informed consent from a student’s parent, as required by applicable law and regulations. They also will keep a detailed record of those attempts and their results, including phone calls and correspondence, visits to the parent’s home and any responses received.

ESMCSD Policy Book

4321 1.

If a parent refuses to give consent for an initial evaluation, or fails to respond to such a request, the parent will be given an opportunity to attend an informal conference and ask questions about the proposed evaluation. Unless the referral for evaluation is withdrawn, if the parent continues to withhold consent, the Board will commence due process proceedings to conduct an initial evaluation without parental consent within the time lines established in Commissioner’s regulations.

2.

If a parent refuses to give consent for a reevaluation, or fails to respond to such a request, district staff will proceed with the reevaluation without parental consent if it has engaged in documented reasonable efforts to obtain such consent and the parent has failed to respond. If the district cannot document its efforts to obtain consent, the Board will commence due process proceedings to conduct a reevaluation without parental consent.

3.

If district staff is unable to obtain consent for the initial evaluation or reevaluation of a home schooled or a parentally-placed nonpublic school student, the Board will not commence due process proceedings to conduct the evaluation without parental consent, and will consider the student as not eligible for special education.

Conduct of Evaluations In conducting evaluations of students with disabilities, the district will use a variety of assessment tools and strategies, including parent-provided information, to gather relevant functional, developmental, and academic information for determining a student’s eligibility for special education and related services, and the content of the student’s individualized education program or individualized education services program or services plan in the case of nonpublic school students with disabilities (including information related to enabling the student to be involved in and progress in the general education curriculum). The district also will assess a student in all areas of suspected disability, and the assessment and other evaluation used will not be discriminatory on a racial or cultural basis. In addition, students will be assessed in the language and form most likely to yield accurate information on what the student actually knows and can do academically, developmentally, and functionally, unless it is not feasible to do so. In the case of students suspected of having a specific learning disability, the district will follow the procedures established in commissioner’s regulations. The district will notify a student’s parent of any determination that no additional data is needed and the reasons for such a determination. It will also inform the parent of his or her right to request an assessment, notwithstanding that determination. Eligibility Determination The CSE or CSE subcommittee will determine whether a student is eligible for special education and related services under the IDEA and Article 89, as well as the student’s educational needs. The CSE or CSE subcommittee may not determine that a student is eligible for special education and related services if the determining factor is lack of appropriate instruction in the essential components of reading, including phonemic awareness, phonics, vocabulary development,

ESMCSD Policy Book

4321 reading fluency (including oral reading skills), and reading comprehension strategies; or lack of appropriate instruction in math; or limited English proficiency. Committee on Special Education The members of the CSE and CSE subcommittees will include those individuals identified in applicable law and regulations, and their attendance at CSE and CSE subcommittee meetings will be required except as otherwise provided in law and regulations. The parent of a student with disabilities is one of the mandated CSE and CSE subcommittee members and as such has a right to participate in CSE and CSE subcommittee meetings concerning the identification, evaluation, educational placement, and the provision of a free appropriate public education to their child. District staff will take steps to ensure the parent’s participation, in accordance with the following: 1.

CSE and CSE subcommittee meetings will be scheduled at a time and place that is mutually agreeable to the parent and the district and in a location that is physically accessible to the parent.

2.

The parent will be given at least five days notice of the date, time and place of a CSE or CSE subcommittee meeting, except as otherwise provided in law and regulation, along with notice of the purpose of the meeting, those who will attend (including name and title), and the parent’s right to be accompanied to the meeting by person(s) the parent considers to have knowledge and special expertise about their child. Such notice will be on a form prescribed by the Commissioner of Education and will also inform the parent: (a) of his or her right to request, in writing at least 72 hours before the meeting, the presence of the school physician member of the CSE; (b) of his or her right to decline, in writing, the participation of the additional parent member at any CSE meeting; (c) that, if the meeting is being conducted by a CSE subcommittee, upon receipt of a written request from the parent, the subcommittee shall refer to the CSE any matter on which the parent disagrees with the CSE subcommittee’s recommendation concerning a modification or change in the identification, evaluation, educational placement or provision of a free appropriate public education to the student; (d) if the purpose of the meeting is to consider postsecondary goals and transition services, and that, if so, the District will invite the student and identify any other agency that will be invited to send a representative; and (e) of his or her right to request an invitation to the initial CPSE meeting to be sent to the early intervention service coordinator or other representatives of the early intervention system to assist with the smooth transition of services in the case of a child who was previously served under Part C (early intervention services),

3.

The parent and the district may agree to use alternative means of participation at CSE meetings, such as videoconferences or telephone conference calls.

4.

District staff will take any action necessary to ensure that the parent understands the proceedings at CSE meetings, including arranging for an interpreter for deaf parents or parents whose native language is other than English.

The CSE or CSE subcommittee may meet without a student’s parent only if district staff has been unable to obtain either parent’s participation, and has a detailed record of its attempts to arrange a mutually agreed upon time and place and the results of those attempts. Similarly, the ESMCSD Policy Book

4321 CSE or CSE subcommittee may make a decision without the involvement of the student’s parent only if district staff has been unable to obtain parental participation, even through the use of alternative means of participation, and has a record of its attempts to ensure parental involvement. Provision of Services: The Board will arrange for appropriate special education and related services recommended by the CSE or CSE subcommittee within 60 school days of the district’s receipt of parental consent to evaluate a student not previously identified as a student with a disability, or within 60 school days of referral for review of a student with a disability, except as otherwise provided in law and regulations. All staff responsible for the implementation of a student’s individualized education program, or an individualized education services program or services plan in the case of parentally placed nonpublic school students with disabilities, will be provided information regarding those responsibilities (Refer to policy 4321.5 for more information on this topic). Parental Consent for the Provision of Services: The Board acknowledges that parental consent for initial evaluation does not constitute consent for placement for the provision of special education and related services. Therefore, district staff will take steps to obtain written informed consent for the initial provision of special education and related services to an eligible student. The Board will be precluded by applicable law and regulations from commencing due process proceedings to override the parent’s refusal to provide such consent or override the parent’s failure to respond to such a request. Cross ref:

Ref:

1900, Parental Involvement (Title I) 4000, Student Learning Objectives and District Instructional Goals 5500, Student Records 6700, Purchasing 9700, Staff Development

The Individuals with Disabilities Education Act (IDEA), 20 USC §§1400 et seq.; 34 CFR Part 300 N.Y. Education Law Article 89, §§4401 et seq. 8 NYCRR Part 200

Adoption date: February 13, 2013

ESMCSD Policy Book

4321.1 ALLOCATION OF SPACE FOR SPECIAL EDUCATION PROGRAMS AND SERVICES To ensure that adequate and appropriate space is made available for special education classes provided by the district, as well as in programs provided by the Board of Cooperative Education Services (BOCES), the Board of Education will allocate an appropriate amount of space in district facilities to meet the needs of students in such programs. This allocation will be part of the biennial district plan for the provision of special education programs and services, as mandated by the Commissioner. Ref:

8 NYCRR §200.2(2)(c)(iv) and (v)

Adoption date: April 15, 2008

ESMCSD Policy Book

4321.2 PRESCHOOL SPECIAL EDUCATION The Board of Education recognizes the value of special education and its responsibility in ensuring that all resident preschool children with disabilities have the opportunity to participate in special programs and services from which they may benefit. The Board authorizes the Superintendent of Schools to establish administrative practices and procedures which shall include: 1.

locating and identifying all preschool children with disabilities pursuant to the relevant provisions of the Education Law. The register of children eligible to attend a preschool program is to be maintained and revised annually by the Committee on Preschool Special Education (CPSE);

2.

ensuring that the parent(s)/guardian(s) of preschool age children with disabilities have received and understand the request for consent for evaluation of their child;

3.

developing an individualized education program (IEP) for each preschool age child with a disability;

4.

appointing and training appropriately qualified personnel including the members of a CPSE;

5.

maintaining lists of impartial hearing officers and of State Education Departmentapproved special education programs within the county and adjoining counties in which the district is located; and

6.

reporting to the State Education Department the number of preschool children with disabilities that are being served, as well as those not served.

The Board of Education hereby establishes the CPSE as required under the Education Law. Its responsibilities will include the evaluation and recommendation for placement in appropriate approved programs and the provision of appropriate special education programs and services for each preschool child with a disability. The CPSE shall review, at least annually, the status of each preschool child with a disability. It is ultimately the responsibility of the Board to arrange for the appropriate approved preschool program and services for the district children. Should the Board disagree with the CPSE's recommendations, it shall send the recommendation back to the CPSE so that they may schedule a timely meeting to review the Board’s concerns and to revise the IEP as deemed appropriate. Placement may be appealed by a parent/guardian to an impartial hearing officer, appointed by the Board. Mediation shall be offered to such parents/guardians to resolve complaints regarding the education of preschool children with disabilities at the same time notice of the availability of an impartial hearing is provided. The CPSE shall make an annual report on the status of each preschool child with a disability and report on the adequacy of preschool special education programs and services to the Board. The Board directs the Superintendent to ensure that the district considers that adequate and appropriate space is made available for such programs and services. ESMCSD Policy Book

4321.2 The Board directs the Superintendent to develop and maintain a plan which incorporates information concerning the provision of services for preschool children with disabilities, pursuant to the Regulations of the Commissioner of Education. Cross-ref: Ref:

4321.3, Independent Educational Evaluations

Individuals with Disabilities Education Act, 20 U.S.C. §§1400 et seq. 34 CFR §§300.12; 300.503 Education Law §4410 8 NYCRR Part 200

Adoption date: April 15, 2008

ESMCSD Policy Book

4321.3 INDEPENDENT EDUCATIONAL EVALUATIONS The Board of Education recognizes the right of parents or guardians of a student who has or is thought to have a disability to receive an independent evaluation at public expense if they disagree with the evaluation obtained by the Committee on Special Education (CSE) or the Committee on Preschool Special Education (CPSE). The independent examination shall be conducted by a qualified examiner who is not employed by the school district responsible for the child's education. Upon request, parents will be provided with a list of public and private agencies and professional resources where independent evaluations may be obtained. These publicly-funded independent evaluations shall be limited to the same geographic and fiscal limitations as used by the district when it initiates an evaluation. Parents or guardians should file a written request for an independent educational evaluation. The district has the right to initiate an impartial hearing to demonstrate that its evaluation is appropriate. If the hearing officer determines that the district's evaluation was appropriate, a parent or guardian is not entitled to reimbursement at public expense. The Board directs the Superintendent of Schools to develop regulations establishing maximum allowable fees for specific tests, the geographic area in which such evaluations may take place, and minimum qualifications of the professionals who administer and interpret various tests; and a reasonable timeline for seeking reimbursement. Cross-ref: Ref:

4321, Programs for Students with Disabilities 4321.2, Preschool Special Education

20 USC §1415(d)(2)(A) 34 CFR §300.503 8 NYCRR §§200.1(z); 200.5(a); 200.5(b); 200.5(c); 200.5(g) Application of a Child with a Handicapping Condition, SRO Dec. No. 93-26 (1993) Application of a Child with a Handicapping Condition, 30 EDR 129 (1990) Application of a Child with a Handicapping Condition, 30 EDR 108 (1990) Application of a Child with a Handicapping Condition, 26 EDR 439 (1987) Appeal of a Handicapped Child, 25 EDR 185 (1985) Matter of a Child Suspected of Having a Handicapping Condition, 23 EDR 140 (1983) Matter of Three Handicapped Children, 21 EDR 353 (1981) Memorandum to District Superintendents Independent Evaluations; Updating on Regulatory Requirements, State Education Department, 1993

Adoption date: June 4, 2008

ESMCSD Policy Book

4321.4 IMPARTIAL HEARING OFFICER APPOINTMENT AND COMPENSATION The Board of Education establishes the following policy to govern the appointment and compensation of impartial hearing officers for special education related impartial hearing pursuant to Part 200 of the Regulations of the Commissioner of Education. Appointment The updated list of certified IHOs for this county promulgated by the New York State Education Department will be used in connection with requests for impartial hearings. The list shall include the names of those other certified IHOs whose names appear on the state list and who have indicated to the district their interest in serving as an IHO in the district. Upon receipt of a request for an impartial hearing, the Board President, or on the occasion of his/her absence or inability, the Vice President, shall appoint an impartial hearing officer from the district’s alphabetical rotational list previously adopted by the Board. The District Clerk or other person so designated, under the direction of the Board President, shall initiate the selection process by contacting the impartial hearing officer whose name first appears after the impartial hearing officer who last served. The District Clerk or designee shall canvass the list in alphabetical order as prescribed by the Regulations of the Commissioner of Education until an appointment is accepted. Upon receipt of a request for an impartial hearing, the rotational selection process for the IHO shall be initiated immediately and always within two (2) business days after receipt by the district of such written request. Should an IHO decline appointment, or if within 24 hours the IHO fails to respond or is unreachable after reasonable efforts by the District Clerk or designee, such efforts will be documented through independently verifiable efforts. The district representative shall then proceed through the list to determine availability of the next successive IHO. If the IHO is unable to initiate the hearing within the first 14 days of being appointed by the school district, the IHO cannot accept the appointment. The District Clerk shall then proceed through such list to determine availability of the next successive IHO. Records relating to the IHO process including, but not limited to, the request for initiation and completion of each impartial hearing will be maintained by the district and such information will be reported to the Office of Vocational and Educational Services for Individuals with Disabilities of SED as required by Commissioner’s regulations. Compensation The district shall compensate an impartial hearing officer for his or her services as the maximum rate established for such purpose by the Director of the Division of the Budget. Currently, this rate is $100.00 per hour for pre-hearing, hearing, and post-hearing activities. In addition, impartial hearing officers may be reimbursed for reasonable, actual and necessary expenses for automobile travel in accordance with the current district reimbursement rate for district employees. Mailing costs associated with the hearing will also be reimbursed. The district shall annually notify each impartial hearing officer of this policy and of the current rates set by the district for travel reimbursement, overnight lodging, meal expenses and mailing costs. Ref:

8 NYCRR §§200.2; 200.5; 200.21

Adoption date: June 4, 2008 ESMCSD Policy Book

4321.5 INDIVIDUALIZED EDUCATION PROGRAM DISTRIBUTION The Board of Education believes that in order for each student with disabilities to receive the full benefit of his/her Individualized Education Program (IEP), individuals responsible for implementing the IEP must, prior to the implementation of the IEP, fully understand the scope of their responsibility and the specific accommodations, modifications and supports to be provided. To this end, this policy aims to establish procedures to ensure that any person having both direct contact with a student with an IEP and a responsibility to provide a service, accommodation or program modification for the student in accordance with that student’s IEP, shall be informed of his/her responsibilities under the IEP, and shall receive or have access to a copy of the student’s IEP, as specified below. I.

IEP Copies

At a CSE or CPSE meeting for each student, a determination will be made as to which general education teachers, special education teachers, related service providers and other service providers have responsibility to implement the recommendations on the student’s IEP. “Other service provider” means a representative of another public school district, charter school, BOCES program, child care institution school, Special Act school district, State-supported school, approved private in-state or out-of-state school and an approved preschool provider where the student receives or will receive IEP services. Prior to implementation, the CSE and CPSE Chairpersons shall ensure that a paper or electronic copy of each student’s IEP is provided to each regular education teacher, special education teacher, related service provider and/or other service provider who is responsible for implementation of a student’s IEP. These individuals responsible for implementing an IEP shall, in turn, ensure that all supplementary school personnel (i.e., teacher aides and teaching assistants) and other providers responsible for assisting in IEP implementation are given the opportunity to review their copy of the IEP prior to program implementation as well as have ongoing access to such copy. II.

Notification of IEP Responsibilities

In addition to disseminating copies of a student’s IEP, CSE and CPSE Chairpersons must designate one or more professional employees of the district with knowledge of the student’s disability and program to inform each regular education teacher, special education teacher, related service provider, other service provider, supplementary school personnel, and other provider and support staff person of his or her responsibility to provide specific accommodations, program modifications, supports and/or services for the student in accordance with the IEP. In selecting the professional staff person(s), the chairperson may select him/herself for this responsibility, another administrator, or a teacher, related service provider or other professional, as appropriate. III.

Confidentiality

All copies of a student’s IEP provided or made accessible under this policy must remain confidential, and shall not be redisclosed to any other person, except in accordance with the Individuals with Disabilities Education Act (IDEA) and the Family Educational Rights and Privacy Act (FERPA). To ensure such confidentiality, the CSE and CPSE Chairpersons shall ESMCSD Policy Book

4321.5 include with each IEP copy or made accessible under this policy, a copy of the Board’s policy on student records confidentiality. All IEP copies must remain in a secured location on school grounds at all times. If IEP copies are transmitted and/or provided electronically, security systems (e.g., password protect a file or folder) must be implemented to prevent unauthorized internal and external access to the student’s IEP. IV.

Documentation

The designated professional employee(s) defined in section II above shall obtain the signature of each person covered by this policy, indicating that he or she: 1. 2. 3. 4.

has received either a copy of the student’s IEP or the opportunity to review the IEP prior to its implementation, as required under state law and regulation; has been informed of their responsibilities to implement the IEP; has knowledge of where the IEP is to be maintained; and has an understanding of the confidentiality requirements.

At the end of the school year or whenever the IEP has been revised, the CSE and CPSE Chairperson shall collect all IEP copies provided under this policy and destroy them. Cross-ref: 4321, Programs for Students with Disabilities Under IDEA and Article 89 5500, Student Records Ref:

Individuals with Disabilities Education Act (IDEA), 20 USC §§1400 et seq. Family Educational Rights and Privacy Act (FERPA), 20 USC §1232g; 34 CFR Part 99 Education Law §4402(7) 8 NYCRR §§200.1(hh); 200.2(b)(11); 200.4(e)(3) New York State Education Department, Vocational and Educational Services for Individuals with Disabilities (VESID), SED Guidance Document, Providing copies of the IEPs for Students with Disabilities, May 13, 2003 (http://vesid.nysed.gov/specialed/publications/policy/chap408final.htm).

Adoption date: June 4, 2008

ESMCSD Policy Book

4321.6 AVAILABILITY OF ALTERNATIVE FORMAT INSTRUCTIONAL MATERIALS FOR STUDENTS WITH DISABILITIES The Board of Education recognizes its responsibility to ensure that all the instructional materials used in the district’s schools are made available in a usable alternative format for students with disabilities in accordance with their individual educational needs and course selection at the same time as those materials are available to non-disabled students. In accordance with applicable law and regulations, any such alternative format procured by the district will meet the National Instructional Materials Accessibility Standard. For purposes of this policy, alternative format will mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a student with a disability enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file. An electronic file must be compatible with at least one alternative format conversion software program. The Superintendent will develop a plan to ensure the availability of alternative format materials in accordance with the timeliness requirements of this policy. Such a plan will provide for: 1.

Preference to vendors who agree to provide instructional materials in alternative formats, and to reflect this requirement in the bidding specifications used for the procurement of instructional materials. The same preference will be given to vendors of instructional materials ordered for the school library.

2.

Consultation with appropriate school personnel regarding how students will access electronic files. The district’s technology staff will be notified of any need to convert electronic files into an accessible format such as Braille, large print, audio, or alternative display.

3.

The availability of hardware and/or software a student with disabilities in need of alternative format materials might require to access the instructional material.

4.

The yearly review of the district’s ordering timelines for the purchase of instructional materials to ensure sufficient lead time for obtaining needed alternative format materials.

5.

Notification to appropriate school personnel by the CSE, CSE subcommittee, CPSE and Section 504 Committee Chairperson whenever it is determined that a student needs instructional materials in alternative format. Such notice also will identify the particular alternative format needed, and any assistive technology devices or services the student might need to access the alternative format materials.

6.

Notification by classroom teachers of the books they will be using in class and any list of required readings with sufficient lead time in anticipation of the district’s timelines for the purchase of instructional materials.

7.

Consultation with the school librarian to make sure that specific library resources required by a student in need of alternative format materials to participate and progress in his or her selected courses are made available to the student in an accessible format.

ESMCSD Policy Book

4321.6 8.

Timely request of state assessments in alternative format.

Cross-ref: Ref:

6700, Purchasing

Individuals with Disabilities Education Act (IDEA), 20 USC §§1474(e)(3)(B) N.Y. Education Law §§1604(29-a); 1709(4-a) 1950(4-a); 2503(7-a); 2554(7-a); 3602(10)(b) 8 NYCRR §§ 200.2(b)(10) State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities (VESID), Policy 02-05 Amendment to Section 200.2 of the Regulations of the Commissioner Implementing Chapter 377 of the Laws of 2001: Plans to Provide Instructional Materials in Alternative Formats for Students with Disabilities, May 2002, (available electronically from the VESID website at: http://www.vesid.nysed.gov/specialed/publications/policy/alterformat502.htm).

Adoption date: June 5, 2013

ESMCSD Policy Book

4321.9 DECLASSIFICATION OF STUDENTS WITH DISABILITIES The Board of Education recognizes that it may be appropriate to declassify some students with disabilities. A student may mature and develop skills such that they no longer require the special program, support services or accommodations offered by an Individualized Education Program (IEP), Individualized Education Services Program (IESP) or Services Plan (SP). The Committee on Special Education (CSE), the CSE Subcommittee or, the Committee on Preschool Special Education (CPSE), as applicable, is responsible for making this judgment, while adhering to the requirements of federal and state law and regulation. Reevaluation Prior to determining that a student is no longer eligible for special education services and should be placed in a full-time regular education program, the CSE, CSE subcommittee, or CPSE, as applicable, will conduct a declassification evaluation of the student in accordance with the process and procedures prescribed for the evaluation and reevaluation of students with disabilities, by applicable law and regulations. However, the CSE, CSE subcommittee, or CPSE members may determine after reviewing existing evaluation data that no additional information is needed to determine the student’s continued eligibility for services. When a determination is made that no additional data is needed for reviewing a student’s continued eligibility for special education services, the CSE, CSE subcommittee, or CPSE Chairperson, as applicable, will notify the student’s parents of that determination and the reasons for it, and of their right to nonetheless request an assessment. Unless the student’s parents make such a request, the district will not conduct any further assessments. The district will provide the student’s parents with a copy of the reevaluation report and documentation regarding the eligibility determination. Consistent with applicable law and regulation, the district will not conduct a declassification evaluation if the reason why a student is determined to be ineligible for special education services is that he or she has either: 1.

Graduated with a regular high school or Regents diploma; or

2.

Exceeded the age of eligibility for services.

However, in such an instance the district will provide the student with a summary of his or her academic achievement and functional performance that also includes recommendations on how to assist the student in meeting his or her post-secondary goals. Declassification Support Services It is the goal of the Board of Education to provide an opportunity for the student to succeed in the transition to the regular education program. In order to facilitate that success, the CSE/CPSE may offer educational and support services for a period of time, not to exceed one year. Declassification support services may include:

ESMCSD Policy Book

4321.9 1.

For the student, psychological services, social work services, speech and language improvement services, non-career counseling, and other appropriate support services.

2.

For the student’s teachers, the assistance of a teacher aide or a teaching assistant, and consultation with appropriate personnel.

The CSE/CPSE will ensure that the appropriate teachers and service providers are informed of the need for the transition services, and will specify the nature and duration of those services. Cross-ref: Ref:

4321, Programs for Students with Disabilities

8 NYCRR 100.1 (q); 200.2 (b)(8), 200.4 (b)(4-6), (c)(3)

Adoption date: June 5, 2013

ESMCSD Policy Book

4321.11 PUBLIC REPORT ON REVISIONS TO DISTRICT POLICIES, PRACTICES AND PROCEDURES UPON A FINDING OF SIGNIFICANT DISPROPORTIONALITY The Board of Education recognizes that, despite the district’s best efforts, there may be times when there might be a disproportionate representation of racial and ethnic groups in its special education programs and services, and/or with respect to the suspension of students with disabilities. To minimize the risk of such an occurrence, the Board has endeavored to adopt policies, practices and procedures for the district that are consistent with the IDEA and Article 89 of New York’s Education Law, and their implementing regulations. Nonetheless, upon learning of a significant disproportionality either in the suspension, identification, classification and/or placement of the district’s students with disabilities, the Board will immediately review the district’s policies, practices and procedures to determine whether they are fully compliant with the requirements of the IDEA and Article 89, or require revisions. If changes are needed, the Board will take immediate steps to adopt and implement any and all necessary revisions. The Board will inform the public of any revisions to the district’s policies, practices and procedures undertaken as a result of a finding of significant disproportionality. The Superintendent will notify school personnel responsible for implementing the revisions. Cross-ref: Ref:

4321 et seq. as appropriate.

Individuals with Disabilities Education Act, §§ 1412(a)(24); 1418(d); 34 CFR §§ 300.173; 300.646 8 NYCRR §§ 200.2(b)(15).

Adoption date: May 22, 2013

ESMCSD Policy Book

4322 PROGRAMS FOR THE GIFTED AND TALENTED The Board of Education encourages the growth of district programs for the gifted to provide a flexible program to promote individual academic growth. The Superintendent shall be responsible for providing innovative leadership required for such a program. Ref:

Education Law §§3602(23); 4451-4453 8 NYCRR Part 142

Adoption date: June 4, 2008

ESMCSD Policy Book

4325 ACADEMIC INTERVENTION SERVICES The Board of Education is committed to providing academic intervention services to students at risk of not meeting the state learning standards. Such services may include additional instruction supplementing the instruction provided in the general curriculum and/or student support services such as guidance, counseling, attendance and study skills needed to support improved academic performance. Eligibility for academic intervention services will be determined based on a student’s performance on state assessment exams and/or in accordance with the uniformly applied districtdeveloped district-adopted procedures. Eligible students will receive services consistent with law and regulations which shall commence no later than the beginning of the semester following a determination that a student is eligible for such services. Parental Notification and Involvement Notification on Commencement of Services. The Building Principal will notify the parents of a student determined to be in need of academic intervention services, in writing, upon the commencement of such services. Such notification will include:   

A summary of the academic intervention services to be provided; The reason the student needs such services; and Consequences of not achieving expected performance levels.

Notification on Ending of Services. The Principal will notify the parent in writing when academic intervention services are no longer needed. Such notification will include:  

The criteria for ending services; and The performance levels obtained on district selected assessments, if appropriate.

In addition, the district/schools will provide for ongoing communication with parents which must include opportunities to consult with teachers and other professional staff, regular reports on the student’s progress and information on ways to monitor and work with educators to improve the student’s performance. All parental notifications and communications will be done in English and translated, when appropriate, into the native language or mode of communication of the parents. Description and Review of Academic Intervention Services The Superintendent of Schools, in consultation with each Building Principal, shall maintain a description of academic intervention and/or student support services for each school. This description will include any variations in services in schools within the district and will specifically delineate: 

the district-wide procedures used to determine the need for academic intervention services;



the academic intervention instructional and/or support services to be provided;

ESMCSD Policy Book

4325 

whether instructional services and/or support services are offered during the regular school day or during an extended school day or year; and



the criteria for ending services, including, if appropriate, performance levels that students must obtain on district-selected assessments.

Beginning July 1, 2002 and every two years thereafter, the Superintendent shall review and revise the description of academic intervention services based on student performance results and present such revised description to the Board for approval. Ref:

8 NYCRR §§100.1(g); 100.2(r), (ee); 100.4(b)(4), (d) (Academic Intervention Services)

Adoption date: April 18, 2012

ESMCSD Policy Book

4326 PROGRAMS FOR ENGLISH LANGUAGE LEARNERS The Board of Education believes that students who, by reason of foreign birth or ancestry, have limited English proficiency (referred to here as “English Language Learners” or ELLs), will be more effective learners of both the language and the curriculum if they receive instruction in both their native language and English. The district will therefore take steps to identify ELL students and provide ELL students with an appropriate program of either Bilingual Education or English as a New Language. Pursuant to this policy and the regulations of the Commissioner of Education, the Superintendent of Schools is directed to develop appropriate administrative regulations to ensure that students are: 1.

screened to determine if the student is an ELL, in accordance with Parts 117 and 154 of the Commissioner's Regulations, a process that will include interviews and assessments and will assign each ELL student to the appropriate subpopulation (newcomer, developing, long term, former or inconsistent/interrupted formal education);

2.

identified, as appropriate, as an ELL student with a disability;

3.

annually evaluated to determine continued ELL eligibility. Included in the evaluation shall be each student's performance in English language proficiency and academic progress in content areas;

4.

assured of access to appropriate instructional and support services, including guidance programs within the timeframes provided by Commissioner’s Regulations; and

5.

assured of having equal opportunities to participate in all school programs and extracurricular activities as non-ELL students.

The Superintendent shall be responsible for ensuring that the Commissioner of Education is provided with a comprehensive plan that describes the district’s ELL program and includes all information specified in the Commissioner's Regulations, before the start of each school year. The district will also provide assurances that the district is providing appropriate school-related information to the parents (or persons in parental relation) of ELL students in English and the language they best understand. The district will provide an orientation program annually for ELL parents and will meet individually with ELL parents at least once a year, in addition to regular parent/teacher meetings. In addition, the Superintendent shall ensure that all teachers employed in any Bilingual and/or English as a New Language program are properly certified in accordance with the Commissioner's Regulations, and that all staff receive appropriate professional development on ELL students. Cross-ref:

ESMCSD Policy Book

4321, Programs for Students with Disabilities 9700, Professional Development

4326 Ref:

Education Law §3204 English Acquisition, Language Enhancement, and Academic Achievement Act, 20 USC §§6801 et seq Equal Educational Opportunities Act of 1974, §§201 et seq., 20 U.S.C. §§1701 et seq. 8 NYCRR §§80-2.9; 80-2.10; 117; Part 154 Lau v. Nichols, 414 U.S. 563 (1974) Rios v. Read, 480 F. Supp. 14 (1978) Cintron v. Brentwood UFSD, 8413Supp 57 (1978) Aspira of New York v. Board of Educ. (City of New York), 394 F. Supp. 1161 (1974)

Adoption date: July 1, 2015

ESMCSD Policy Book

4326-E.1 PROGRAMS FOR ENGLISH LANGUAGE LEARNERS EXHIBIT PLACEMENT IN A LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM – PARENTAL NOTIFICATION Dear Parent/Guardian: Your child (insert child’s name) has been identified as an “English Language Learner;” a student in need of help to learn English and the district is recommending placement in a (insert name of program). We have determined (insert child’s name) eligibility, and placed (him or her) in such a program based on (insert reasons). Please review this letter, choose one of the options (see below) and sign and return the attached form within 5 school days. (Child’s name) is performing at (insert status of child’s academic achievement). We have determined (his or her) level of English proficiency at (insert level) based on (insert how the district assessed that level). We believe that placement in a (insert name of English instruction program) will help (insert child’s name) both to learn English and increase (his/her) level of academic performance. Attached is a series of questions and answers we hope will help you better understand the program in which we have placed (insert child’s name) and the benefits of that program. The district will hold regular meetings at least twice a year for parents/guardians of English learners and we encourage you to attend. At those meetings, we will provide you with information about New York State’s Learning Standards and the school’s expectations that will help you to better understand the goals of your child’s program, and suggest ways you can help (insert child's name). In between meetings we are always ready to listen and respond to any questions and recommendations you might have. District staff will also meet with you individually once a year, in addition to regular parent/teacher meetings, to discuss your child’s language development progress, English language proficiency assessment results, and language development needs in all content areas. However, you should know that you have the right to: 1.

2. 3.

request that (insert child’s name) be immediately withdrawn from the instructional bilingual program that the district has offered your child and schedule a meeting with the building principal and the district supervisor of bilingual education. At a minimum, however, (insert child’s name) must participate in an English as a New Language program; request placement in another available program or method of instruction; request assistance in selecting from among the various programs and methods of instruction available; and

ESMCSD Policy Book

4326-E.1 4.

accept the district’s recommended placement.

Whatever your decision, we encourage you to help (insert child’s name) attain English proficiency and high academic achievement levels. Some ways in which you can do this include: (insert some examples). If you have any questions about this notice or the attached information, please contact (insert the name of the Building Principal or the program’s coordinator). All of us in the district look forward to working with you to help (insert child’s name) improve (his or her) English and overall academic skills. Sincerely, Building Principal *

ESMCSD Policy Book

*

*

4326-E.1 Questions and Answers About Your Child’s English Instruction Educational Program 1.

What methods of instruction will be used in my child’s program?

2.

Does the district offer any other programs for English language learners?

3.

How do these other programs differ from the one offered my child in terms of methods of instruction, content, instructional goals and the use of English and a native language in instruction?

4.

On what basis did the district select my child’s program as opposed to another one?

5.

How will my child’s program specifically help (him or her) learn English and meet age appropriate academic achievement standards for grade promotion and graduation?

6.

My child is classified as a student with a disability. How will my child’s English learning program meet the objectives set out in (his or her) individualized education program?

Adoption date: July 1, 2015

ESMCSD Policy Book

4326-E.2 PROGRAMS FOR ENGLISH LANGUAGE LEARNERS EXHIBIT PLACEMENT IN A LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM – PARENT RESPONSE FORM.

NOTE: This form must be returned within 5 school days. I, as parent/guardian of _(insert child’s name)________, acknowledge receipt of the district’s notification regarding my child’s eligibility for an English Language Learner program. I elect the following option: (check one box)  I accept the district’s recommended placement.  I decline the district’s recommended placement and request a meeting with the building principal and ELL program supervisor.  I request my child’s placement in a different district ELL program, (insert the name of the preferred program).

_________________________________ Print Name (Parent) _________________________________ Parent Signature Mail to: (district provide mailing address) Or email to: (provide district email address)

ESMCSD Policy Book

________________________ Date

4526.1 INTERNET SAFETY ACCEPTABLE USE POLICY The Board of Education is committed to complying with the Children’s Internet Protection Act and to undertaking efforts that serve to make safe for children the use of district computers for access to the Internet and World Wide Web. To this end, although unable to guarantee that any selected filtering and blocking technology will work perfectly, the Board directs the Superintendent of Schools to procure and implement the use of technology protection measures that block or filter Internet access by:  adults to visual depictions that are obscene or child pornography, and  minors to visual depictions that are obscene, child pornography, or harmful to minors, as defined in the Children’s Internet Protection Act. Subject to staff supervision, however, any such measures may be disabled or relaxed for adults conducting bona fide research or other lawful purposes, in accordance with criteria established by the Superintendent or his or her designee. The Superintendent or his or her designee also shall develop and implement procedures that provide for the safety and security of students using electronic mail, chat rooms, and other forms of direct electronic communications; monitoring the online activities of students using district computers; and restricting student access to materials that are obscene, child pornography or harmful to minors. In addition, the Board prohibits the unauthorized disclosure, use and dissemination of personal information regarding students; unauthorized online access by students, including hacking and other unlawful activities; and access by students to inappropriate matter on the Internet and World Wide Web. The Superintendent or his or her designee shall establish and implement procedures that enforce these restrictions. The Director of Technology shall monitor and examine all district computer network activities to ensure compliance with this policy and accompanying regulation. He or she also shall be responsible for ensuring that staff and students receive training on their requirements. All users of the district’s computer network, including access to the Internet and World Wide Web, must understand that use is a privilege, not a right, and that any such use entails responsibility. They must comply with the requirements of this policy and accompanying regulation, in addition to generally accepted rules of network etiquette (see list of prohibited activities and uses, below) and the district’s Acceptable Use Policy. Failure to comply may result in disciplinary action including, but not limited to, the revocation of computer access privileges. Users of the district’s computer network have no reasonable expectation of privacy on the internet. The District reserves the right to access and view any material stored on District equipment or any material used in conjunction with the District’s network and computers.

ESMCSD Policy Book

4526.1 PROHIBITED ACTIVITIES AND USES The following is a list of prohibited activity concerning use of the District computer network. Violation of any of the following prohibitions may result in discipline or other appropriate penalty, including suspension or revocation of a user’s access to the network. 1.

Using the network for commercial activity, including advertising.

2.

Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the District computer network.

3.

Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material.

4.

Using the network to receive, transmit or make available to others messages that are threatening, obscene, racist, sexist, abusive or harassing to others.

5.

Using another user’s account or password.

6.

Attempting to read, delete, copy or modify the documents.

7.

Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy District equipment or materials, data of another user of the District’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus on the network.

8.

Using the network to send anonymous messages or files.

9.

Using the network to receive, transmit or make available to others a message that is inconsistent with the District’s Code of Conduct.

10.

Revealing the personal address, telephone number or other personal information of oneself or another person.

11.

Using the network for sending and/or receiving personal messages.

12.

Intentionally disrupting network traffic or crashing the network and connected systems.

13.

Installing personal software or using personal disks on the District’s computers and/or network without the permission of the appropriate District official or employee.

14.

Using District computing resources for commercial or financial gain or fraud.

15.

Stealing data, equipment or intellectual property.

16.

Gaining or seeking to gain unauthorized access to any files, resources, or computer or phone systems, or vandalize the data of another user.

ESMCSD Policy Book

4526.1 17.

Wastefully using finite District resources.

18.

Changing or exceeding resource quotas as set by the District without the permission of the appropriate District official or employee.

19.

Using the network while access privileges are suspended or revoked.

20.

Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

21.

Downloading materials from the Internet without permission.

22.

Disrupting the use of the Internet by others.

23.

Failing to abide by any licensing agreements.

24.

Using abusive or offensive language, including the use of vulgarities, swearing, and name-calling.

25.

Purchasing items via the Internet or subscribing to commercial services.

26.

Bypassing or hindering security measures.

27.

Using the Internet in any illegal manner.

28.

Accessing, transmitting, or re-transmitting material which permits or advocates violence of any kind or advocates destruction of property.

29.

Using encryption software.

30.

Accessing the Internet using a non-District account.

31.

Using the Internet during prohibited times.

32.

Using the system to hinder the ability of others to work, to harass, intimidate, or annoy any other person.

Ref:

Public Law No. 106-554 47 USC §254 20 USC §6801

Adoption date: September 9, 2015

ESMCSD Policy Book

INTERNET SAFETY ACCEPTABLE USE AND CONSENT FORM The Eastport-South Manor Central School District is requesting consent for your child to use telecommunications in the School District, including the use of the Internet. Consent is required before your child will be permitted to use telecommunications in the School District. Please read this document in its entirety before signing the consent form. The development and maintenance of excellent educational and instructional programs are of primary importance to the Eastport-South Manor Central School District. It is the belief of the District that technology and Internet access provide unique and meaningful opportunities to support teaching and learning. With access to computers and people all over the world also comes the availability of material that may not be considered to be of educational value in the context of the school setting. While we believe that the benefits for children who have access to the Internet far outweigh any potential risk, it should be understood that some sites might contain information that is inappropriate, pornographic, defamatory, inaccurate, or potentially offensive to some users. While the District will attempt to prevent student access to these types of materials, the District cannot assure that a user of the Internet will not be able to discover this material. The Eastport-South Manor Central School District believes strongly in promoting the ethical use of technology. We have therefore set forth the following guidelines for all to follow: 1.

I will limit my use of telecommunications in school to the educational objectives established by my teacher(s);

2.

I will not retrieve or send illegal, obscene, offensive, pornographic or other sexually explicit material that is not within the school’s established curriculum;

3.

I will not use abusive language or vulgarities of any type, including swearing and namecalling;

4.

I will not divulge my own or anyone’s address, phone number or any other personal information to any person for any purpose, and will report any requests of this kind to my classroom teacher, librarian or principal;

5.

I will not plagiarize information received in any form and will properly cite all materials;

6.

I will not use another person’s account or password to access the Internet;

7.

I will not share my password or account information with anyone;

8.

I will not download any material from the Internet without the consent of my teacher(s) or school personnel;

9. 10.

I will not attempt to bypass security built into the system; I will not vandalize network materials, services, traffic, equipment, and software, or attempt to download a virus from the Internet;

ESMCSD Policy Book

11.

I will not use Internet access for illegal purposes of any kind;

12.

I will not use Internet access to transmit threatening, obscene, sexist, racist, abusive, or harassing materials;

13.

I will not use school computers to chat online, send e-mail or text messages, personal messages and/or instant messages unless I have received permission from a teacher and the use is part of a teacher’s supervised activity;

14.

I will abide by the licensing agreements for any school subscriptions and online databases, which require a user name and password;

15.

I will not download, upload, or duplicate any copyrighted materials or material protected by applicable copyright law, or other intellectual property rights laws;

16.

I will not use the system for commercial solicitation;

17.

I will not purchase items via the Internet or subscribe to commercial services, and shall be responsible for any and all charges due for such purchases;

18.

I will report any known security risks to a teacher;

19.

I will report any threatening or obscene materials, expressions of racism or hate, or other materials which are intended to embarrass, harass or disrupt the education environment of the school to a teacher;

20.

I will not disrupt the use of the network by other users;

21.

I will not send anonymous messages to anyone through the Internet;

22.

I will not access, transmit, or retransmit material which permits or advocates violence of any kind or advocates destruction of property;

23.

I will not use encryption software from any access point within the School District;

24.

I will not access the Internet using a non School District Internet account;

25.

I will use the Internet only during permitted times during and/or before and/or after the school day;

26.

I will not use the computer network system to hinder the ability of others to work, to harass, intimidate, or annoy any other person;

27.

I will not install personal software or use personal disks on District computers without permission;

28.

I will not use the system to gain or seek to gain unauthorized access to any files, resources, or computer or telephone system, or vandalize the data of another;

ESMCSD Policy Book

29.

I will not wastefully use District resources;

30.

I will not use the computer network or Internet while my privilege to do so is suspended or revoked;

31.

I will not use the network to receive, transmit or make available to others a message that is inconsistent with the District’s Code of Conduct;

32.

I will not use the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

The use of the Internet is a privilege, not a right. Any inappropriate use will result in a cancellation of the privilege. Users have no reasonable expectation of privacy on the Internet. The District reserves the right to access and view any material stored on District equipment, or any material used in conjunction with the District’s computer network. The School District reserves the right to monitor all Internet activity by students. Any violation of the foregoing guidelines will be treated as a violation of the Student Discipline Code, and shall be handled according to such discipline code. Any violation may also result in the loss of Internet privileges. The School District shall notify the appropriate legal authorities if there is suspicion of illegal activities. The system administrator shall determine whether student conduct constitutes a violation of the guidelines and his/her decision shall be final. Users of the District’s computer network should not expect, nor does the District guarantee, privacy for any use of the District’s computer network. The District reserves the right to access and view any material stored on District equipment or any material used in conjunction with the District’s computer network. The District may monitor all use of the District’s computer network and the Internet. The Eastport-South Manor Central School District makes no warranties of any kind, whether express or implied, for the Internet service it is providing. The District shall not be responsible for any damages suffered. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence or a user’s errors or omissions. Use of any information obtained via the Internet is at the user’s own risk. The District specifically denies any responsibility for the accuracy or quality of information obtained through its services. The Eastport South Manor Central School District recognizes that technology represents an integral component to 21st Century Digital Age Learning for our students. To that end, students and staff are permitted to bring their own personal computing devices to school for educational purposes, in accordance with the district’s Acceptable Use Policy. While students and staff are permitted to bring their own personal computing devices to school, they are not a necessary part of the educational program. No student’s learning experience or academic performance will be affected because he or she does not have a personal computing device. Students and staff choosing to use their own personal computing devices in school are responsible for their own equipment. The district will not service or repair any device that is not owned by the district and is not responsible for any loss, theft, damage, and/or malware that may occur to student-owned devices. Acceptable devices will include such items as tablets, laptops,

ESMCSD Policy Book

iPads, e-Readers, and Smartphones. Students will be responsible for charging their device before the school day and will not be provided access to electric/power stations. Students will understand that the classroom teacher has the authority to determine when the use of personal computing devices is or is not appropriate. All student and staff-owned devices will require advanced registration prior to accessing the district’s wireless network and Internet. Under no circumstances will students be permitted to use their personal computing devices using any other broadband or wireless network.

ESMCSD Policy Book

STUDENT STATEMENT: I, , have read the Eastport-South Manor Central School District’s Internet Use Policy, the District Internet Safety and Use Guidelines and the Internet Use and Consent Form and understand that any failure on my part to follow these guidelines will result in appropriate disciplinary action and possible loss of access privileges to the Internet. Signed:

Date:

PARENT/GUARDIAN STATEMENT: I, , have read the Eastport-South Manor Central School District’s Internet Use Policy, the District Internet Safety and Use Guidelines and the Internet Use and Consent Form, in consideration of the privilege of my child’s use of the District’s technology systems and in consideration of my child’s having access to the Internet, I hereby release the District, its officers, employees, operators, and any institutions with which they are affiliated, from any and all claims and damages of any nature arising from my, or my child’s use, or inability to use the system. I recognize it is impossible for the District to restrict access to all inappropriate educational materials and I will not hold it responsible for materials acquired on the Internet. I accept full responsibility for supervision if and when my child’s use is not in a school setting. I also accept full responsibility and liability for the results of my child’s actions with regard to the use of the Internet. I release the District from any liability relating to consequences resulting from his/her use of the Internet. I give permission to issue an account for my child, who I understand has read and/or reviewed with me the foregoing and understands his/her responsibilities regarding acceptable internet use. Signed:

Date: ________________

STAFF STATEMENT: I, , have read the Eastport-South Manor Central School District’s Internet Use Policy, the District Internet Safety and Use Guidelines and the Internet Use and Consent Form and understand that any failure on my part to follow these guidelines will result in appropriate disciplinary action and possible loss of access privileges to the Internet. Signed:

Adopted: September 9, 2015

ESMCSD Policy Book

Date:

4526.1-R INTERNET SAFETY ACCEPTABLE USE POLICY REGULATION The following rules and regulations implement the Internet Safety Policy adopted by the Board of Education to make safe for children the use of district computers for access to the Internet and World Wide Web. I.

Definitions

In accordance with the Children’s Internet Protection Act, 

Child pornography refers to any visual depiction, including any photograph, film, video, picture or computer or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct. It also includes any such visual depiction that (a) is, or appears to be, of a minor engaging in sexually explicit conduct; or (b) has been created, adapted or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (c) is advertised, promoted, presented, described, or distributed in such a manner than conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.



Harmful to minors means any picture, image, graphic image file, or other visual depiction that (a) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (b) depicts, describes or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (c) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

II.

Blocking and Filtering Measures 

The Superintendent or his or her designee shall secure information about, and ensure the purchase or provision of, a technology protection measure that blocks access from all district computers to visual depictions on the Internet and World Wide Web that are obscene, child pornography or harmful to minors.



The Director of Technology shall be responsible for ensuring the installation and proper use of any Internet blocking and filtering technology protection measure obtained by the district.



The Director of Technology or his or her designee may disable or relax the district’s Internet blocking and filtering technology measure only for adult staff members conducting research related to the discharge of their official responsibilities.

ESMCSD Policy Book

4526.1-R 

III.

The computer network coordinator shall monitor the online activities of adult staff members for whom the blocking and filtering technology measure has been disabled or relaxed to ensure there is not access to visual depictions that are obscene or child pornography. Monitoring of Online Activities



The Director of Technology shall be responsible for monitoring to ensure that the online activities of staff and students are consistent with the district’s Internet Safety Policy and this regulation. He or she may inspect, copy, review, and store at any time, and without prior notice, any and all usage of the district’s computer network for accessing the Internet and World Wide Web and direct electronic communications, as well as any and all information transmitted or received during such use. All users of the district’s computer network shall have no expectation of privacy regarding any such materials.



Except as otherwise authorized under the district’s Computer Network, students may use the district’s computer network to access the Internet and World Wide Web only during supervised class time, study periods or at the school library, and exclusively for research related to their course work.



Staff supervising students using district computers shall help to monitor student online activities to ensure students access the Internet and World Wide Web, and/or participate in authorized forms of direct electronic communications in accordance with the district’s Internet Safety Policy and this regulation.



The district’s Director of Technology shall monitor student online activities to ensure students are not engaging in hacking (gaining or attempting to gain unauthorized access to other computers or computer systems), and other unlawful activities.

IV.

Training 

The district’s Director of Technology shall provide training to staff and students on the requirements of the Internet Safety Policy and this regulation at the beginning of each school year.



The training of staff and students shall highlight the various activities prohibited by the Internet Safety Policy, and the responsibility of staff to monitor student online activities to ensure compliance therewith.



Students shall be directed to consult with their classroom teacher if they are unsure whether their contemplated activities when accessing the Internet or Worldwide Web are directly related to their course work.



Staff and students will be advised to not disclose, use and disseminate personal information about students when accessing the Internet or engaging in authorized forms of direct electronic communications.

ESMCSD Policy Book

4526.1-R  V.

Staff and students will also be informed of the range of possible consequences attendant to a violation of the Internet Safety Policy and this regulation. Reporting of Violations



Violations of the Internet Safety Policy and this regulation by students and staff shall be reported to the Building Principal.



The Principal shall take appropriate corrective action in accordance with authorized disciplinary procedures.



Penalties may include, but are not limited to, the revocation of computer access privileges, as well as school suspension in the case of students and disciplinary charges in the case of teachers. Adoption date: September 9, 2015

ESMCSD Policy Book

4531 FIELD TRIPS AND EXCURSIONS The Board of Education recognizes the desirability of providing off-campus experiences which will enhance the educational program of the school system. A field trip is defined as an educational activity which takes place off school premises under the supervision of a teacher and which occurs at least in part during the regular school day. Field trips may only be approved under the following conditions: a)

The teacher desiring to conduct a field trip involving students must plan, organize and conduct the trip in such a manner that the utmost educational value is achieved.

b)

The teacher must submit a proposed plan to the principal of the school and through him/her to the Superintendent of Schools. The plan shall include all necessary data such as time, date, place, purpose, method transportation financing to be provided, chaperones or guides of the trip, group involved any such additional information as needed to make the arrangement clear. The teacher must review the District wide calendar to ensure that multiple trips are not planned on the same day.

c)

Written approval of the principal prior to the trip.

d)

Written permission slips signed by the parent/legal guardian delivered to the teacher prior to the trip.

Factors relevant in consideration of approval of such field trips may include the relationship to the curriculum, the safety of students and their adequate supervision, the distance of the trip, availability of transportation, the cost involved, weather conditions, and full utilization of transportation. In order to make necessary transportation arrangements, all requests for day field trips must be submitted to the Building Principal at least 6 weeks prior to the trip date. The teacher must complete the Educational Field Trip Request Form (4531-E) and follow the guidelines provided. These guidelines include prior approval from the Superintendent, or his/her designee. Public funds, including funds raised by school-sponsored fundraising events, may not be used to subsidize a field trip that is essentially a private recreational experience and not part of the District’s educational program. Overnight Field Trips Trips in excess of one day involving overnight travel, or out of the Long Island – Metropolitan area, shall be approved by the Superintendent of Schools at least thirty (30) days before the planned trip. All overnight trips will require approval from the Board of Education prior to the scheduled field trip.

ESMCSD Policy Book

4531 Athletics All trips planned through the Athletic Department will follow the same field trip guidelines followed by the individual schools, with the exception of State Championships. Because State Championship overnight trips may be required within only a few days, these trips do not have to go through the same Board approval process. The Athletic Director will be responsible for immediately notifying the Superintendent who will contact the Board of Education when any State Championship games have been planned. Please refer to the Athletic Handbook and Coach Handbook for further guidance regarding all sports trips, coaching requirements and Athletic Department guidelines and procedures. As per our fundraising policy, the Board of Education acknowledges and accepts funding from outside sources for appropriate field trips. Transportation When the district provides transportation to students on a school-sponsored field trip, extracurricular activity or any other similar event, it shall provide transportation back to either the point of departure or to the appropriate school in the district unless the parent or legal guardian of a student participating in such event has provided the district with a written notice authorizing an alternative form of return transportation for the student; or intervening circumstances make such transportation impractical. Where intervening circumstances have made transportation back to the point of departure or to the appropriate school in the district impractical, a representative of the district shall remain with the student until such student’s parent or legal guardian has been contacted and the student has been delivered to his/her parent or legal guardian. No student shall be denied participation in a field trip if his/her parent/guardian cannot afford the cost involved. Student participation in the trip will be subject to disciplinary action under Education Law Section 3214 for misbehavior during the trip. Following the trip, the teacher in charge, shall prepare a brief written report which will be filed in the principal’s office along with the application, signed approval forms and permission slips from the parent/legal guardian. Ref:

Education Law §§1604; 1709; 1804; 1903; 2503 Article VIII, Section 1 of New York State Constitution Appeal of Christe, 40 Educ. Dept. Rep. 412 (2000) Antonopoulou v. Beame, 32 N.Y.2d 126 (N.Y. 1973) 1989 Opn. State Compt. No. 89-50

Adopted: November 1, 2017

ESMCSD Policy Book

4531-R FIELD TRIPS AND EXCURSIONS REGULATION General Requirements – All Trips Each teacher planning a trip must use the Check-Off List for Field Trips. The teacher must check all available dates for trips on the District Calendar. The teacher is to confer with the Principal before making any arrangements. After securing the principal’s tentative approval, the teacher is to get the permission of an official of the institution or point of interest to bring a group for a visit. The teacher then is to complete a Field Trip Request application and follow all guidelines on the approved form and secure the principal’s or his/her designee’s signature. The teacher shall notify parents of the field trip and Parental Permission slips shall be sent home after each of the above items have been completed and approved. Field trips are voluntary for students, alternative experiences for curriculum related trips should be arranged for student who cannot go on the trip or whose parents will not allow participation. No student shall be denied participation in a field trip if his/her parent/guardian cannot afford the cost involved. Out-of-district students shall not participate in school-sponsored trips or excursions. Children of employees shall not participate in field trips unless they are students in the participating group. All students and chaperones shall be instructed prior to a trip as to its purpose, itinerary and behavioral regulations so that each has a clear understanding of the objectives of the trip and the behavior expected of them as representatives of the Eastport-South Manor Central School District. Permissions Each student going on a trip must have, in advance, the permission of the teacher accompanying the group, the principal of his/her school and the written permission of his/her parents. Written permission shall be procured from the parent/guardian for students to participate in schoolsponsored trips, except secondary school spectator and athletic bus trips and in-district bus trips from one school to another. In the case of overnight, trips, the teacher in charge must also secure a completed Medical Information Form from the parent/guardian. Supervision of Students a) b)

Chaperones must be a parent of a student or a responsible person known to the teacher in charge. Students and chaperones shall abide by the regular codes of conduct in force during the school day. This shall include the rules for safe conduct on buses. At least one member of the school professional staff, in addition to the drive, must travel in each bus used for a trip.

ESMCSD Policy Book

4531-R Chaperone/Student Ratio: Out of District Trips: Grade K 1-6 7-8 9-12 Overnight Trips: Grade K 1-6 7-8 9-12

General Education 1 per five 1 per eight 1 per twelve 1 per fifteen

Special Education Students 1 per four 1 per six 1 per eight 1 per eight

General Education Students 1 per five 1 per eight 1 per twelve 1 per twelve

Special Education Students Same as above

Student/chaperone ratios may vary dependent upon the nature and location of the field trip. Parents and/or legal guardians may be invited to assist as chaperones but primary responsibility for student supervision rests with professional staff members. In-District/Out-of-District Trips: 1.

It shall be incumbent upon the teacher in charge of a field trip to explain to students the guidelines for student movement and conduct while in route to and at the destination.

2.

Failure of a student to comply with guidelines, as explained by the teacher in charge, may be cause for forfeiture of the student’s participation in future trips.

3.

Trips from school to school require only the teachers as a chaperone, or only the bus driver while in transit with teachers to meet and chaperone the students at both ends.

4.

Trips to commercial or community facilities in the district will require chaperone ratios in accordance with those listed above for out-of-district trips.

5.

Special school events, in grades K-12, within the district or county (i.e. senior banquet, English classes within a grade to see a play at a theater, career day, NYSSMA competitions, BOCES outdoor education programs) may use higher ratios at the discretion of the Principal to a maximum of 1 per 20 students at grades 7-8 and 1 per 25 students at grades 9-12. Lower ratios may be required on any trip at the discretion of the Principal. However, the necessary rationale for the change in ratio must be provided by the Principal on the Field Trip Request Form.

6.

The teacher in charge is authorized to discontinue the trip when in his/her judgment continuing the trip would endanger the participants. This decision may be based on irresponsible actions by the driver, student or chaperones; weather, unsafe conditions at the destination, etc. Based on the problem, the teacher may decide to return to

ESMCSD Policy Book

4531-R Eastport-South Manor or direct the driver to pull off at a safe location and call for assistance. Overnight Trips 1.

The same guidelines for student conduct and movement as listed in the provision above apply to overnight trips as well.

2.

All housing arrangements shall include provisions for responsible adult chaperones, either parents from Eastport-South Manor or the host school or professional staff.

Athletics All trips planned through the Athletic Department will follow the same field trip guidelines followed by the individual schools, with the exception of State Championships. Because State Championship overnight trips may be required within only a few days, these trips do not have to go through the same Board approval process. The Athletic Director will be responsible for immediately notifying the Superintendent who will contact the Board of Education when any State Championship games have been planned. Please refer to the Athletic Handbook and Coach Handbook for further guidance regarding all sports trips, coaching requirements and Athletic Department guidelines and procedures. As per our fundraising policy, the Board of Education acknowledges and accepts funding from outside sources for appropriate field trips. Attendance Teachers must prepare and submit to the Attendance Office by the morning before a scheduled trip a list of all students who will be on the field trip or other activity. Attendance should be taken at the beginning of the trip and the Attendance Office notified of any students who are missing. Adopted: November 1, 2017

ESMCSD Policy Book

4532 SCHOOL VOLUNTEERS The Board of Education recognizes that the use of volunteers strengthens school/community relations through positive participation, builds an understanding of school programs among interested citizens, and can assist district employees in providing more individualized and enriched opportunities in instruction. The Board encourages volunteers from all backgrounds and age groups who are willing to share their time, training, experience or personal characteristics to benefit the students of the district. Volunteers will serve in the district without compensation or employee benefits. Volunteers may be involved in many facets of school operations, from mentor/tutor relationships to clerical tasks. Volunteers shall not be used to provide transportation for school-sponsored activities. No volunteer shall be permitted to have unsupervised direct contact with students. School personnel who are responsible for tasks or projects that involve the use of volunteers shall identify appropriate tasks and time schedules for such volunteer activities, consistent with this policy, and ensure that the volunteers are adequately supervised. Persons wishing to volunteer must contact the Superintendent or Building Principal or other individual designated by the Superintendent or Building Principal and must complete a volunteer application form. The application form shall require the volunteer applicant to disclose any criminal convictions. The application form shall also require the applicant to identify two nonfamily member personal references. The Superintendent or Building Principal shall be responsible for ensuring that both references are contacted before the volunteer begins rendering volunteer services to verify that the individual is of good moral character. Volunteers must be fingerprinted using the same procedures that employees undergo. However, volunteers who have only occasional and/or casual contact with students will not be fingerprinted. Volunteers who will require fingerprinting are volunteer coaches for athletic teams and volunteers assisting in theatre productions. Volunteers who will not require fingerprinting are PTA or PTO parents, Booster Club members and guest authors or artists visiting schools for short periods of time. In unusual cases, the Superintendent or his/her designee will determine on a case by case basis whether a particular volunteer should be fingerprinted prior to working in the schools. The district shall retain a complete record of all information obtained through the application process for the same period of time it retains information regarding district employees. All volunteers are required to act in accordance with district policies, regulations and school rules. Any staff member who supervises volunteers may ask any volunteer who violates district policies, regulations or school rules to leave school grounds. Each Building Principal shall be responsible for maintaining a current and complete list of all active volunteers and their assignments.

ESMCSD Policy Book

4532 Student Volunteers for School and Public Service The Board of Education recognizes the social and scholastic benefits derived from student participation in community-sponsored activities. However, neither an individual nor the school as a whole shall be permitted to use school time to work on community-sponsored projects unless such an undertaking is deemed to contribute to the educational program. The administration has the responsibility to develop procedures for community groups to request student involvement during school hours, as well as guidelines for consideration of such request. Adoption date: May 19, 2010

ESMCSD Policy Book

Eastport/South Manor Central School District Personnel Office School District Volunteer Information Form All individuals interested in being approved by the Board of Education as a volunteer in the Eastport/South Manor Central School District for a specific event or activity must complete this form prior to commencing their volunteer service. The form will be maintained in a confidential file in the district Personnel Office. _______________________________________ Name Printed

___________________ Date

______________________________________________________________________________ Full Address (Street, town, zip) ___________________ Home Phone

______________________ Cell Phone

__________________________ e-mail address

Are you a resident of the Eastport/South Manor Central School District? ____________________ Do you have children presently attending the Eastport/South Manor Central School District? __________ If yes, which schools? _________________________________________ For which activity/event are you interested in volunteering? ______________________________ Brief statement of your qualifications in this activity/event _______________________________ ______________________________________________________________________________ Have you ever been convicted of a crime? ___________ If yes, please give date, charge and jurisdiction: ________________________________________________________________ Please provide name, relationship and phone number of an emergency contact: ______________________________________________________________________________ Please provide names and telephone numbers of one personal and one professional reference: ______________________________________________________________________________ ______________________________________________________________________________

________________________________ Signature

ESMCSD Policy Book

4710 STUDENT EVALUATION Grading Systems Grading is considered a positive tool to indicate achievement and development in each class or subject in which a student is enrolled. The Board of Education recognizes that the classroom teacher has the primary responsibility to evaluate students and determine student grades. The district shall use a uniform grading system. It is also recognized that a student is an individual with his/her own abilities. An individual is part of a society which is achievementoriented and competitive in nature. Hence, when a student’s achievement is evaluated, attention should be given to his/her unique characteristics and to accepted standards of performance in the educational setting. Classroom teachers shall evaluate students and assign grades according to the established system. Grading shall be based upon student improvement, achievement, and participation in classroom discussions and activities. Parents/guardians shall be provided a written report card at least four (4) times a year regarding their child’s progress at the secondary level and three (3) times a year at the elementary level. The use of marks and symbols will be appropriately explained. Grading shall not be used for disciplinary purposes, i.e., reducing grade for an unexcused absence, although a lower grade can be given for failure to complete assigned work or for lack of class participation. All students are expected to complete the assigned class work and homework as directed. Students are also expected to participate meaningfully in class discussions and activities in order to receive course credit. If work is missed due to absence, the student is expected to make up the work. The student and/or the student’s parent(s) or guardian(s) should discuss with the student’s teacher an appropriate means of making up the missed work. With the possible exception of absences intended by the student as a means of gaining an unfair academic advantage (e.g., to secure more time to study for a test), all reasonable efforts will be made to provide students with the opportunity and assistance to make up all work missed as a result of absence from class. The professional judgment of the teacher shall be respected. Once a grade is assigned to a student by a teacher, the grade may only be changed by a district administrator after notification to the teacher of the reason for such change. Should an administrator authorize a grade change, he/she shall be prepared to report to the Superintendent of Schools and/or the Board. Reporting to Parents/ Guardians Parents/guardians shall receive an appropriate report of student progress a minimum of four times a year. Report cards shall be used as a standard vehicle for the periodic reporting of student progress and appropriate school related data. Report cards, however, are not intended to exclude other means of reporting progress, such as conferences, phone conversations, etc. When necessary, attempts will be made to provide interpreters for non-English speaking parents/guardians.

ESMCSD Policy Book

4710 Parent Conferences The Board encourages parent conferences with teachers as an effective means of communication between home and school. These conferences provide opportunity for open dialogue regarding administrative procedures, instructional programs, goals and objectives and pertinent information regarding student progress. Teachers have a responsibility to meet with parents/guardians to discuss student problems and progress. When a parent/guardian requests a conference with a teacher, the teacher shall make every effort to arrange a mutually convenient time. Such conferences should be scheduled around the school day so as not to interfere with the instructional process. Parents/guardians may make appointments for conferences with teachers, counselors or the principal by telephoning the school office. Make-up Opportunities Students who are absent shall be given reasonable time to make up assignments missed during their absence. When deemed appropriate by the teacher, assignments may be sent home and teachers shall be available to render necessary assistance. It is the student’s responsibility to request all make-up assignments from subject teachers following absence from class. The student must request assignments early enough to allow adequate time for completion prior to the end of the marking period. Cross-ref: Ref:

5100, Attendance

Education Law §§3202; 3205 et seq. Matter of Nathaniel D., 32 EDR 67 (1992) Matter of Hegarty, 31 EDR 232 (1992) Matter of Shepard, 31 EDR 315 (1992) Matter of Handicapped Child, 32 EDR 83 (1992) Matter of Ackert, 30 EDR 31 (1990) Matter of Augustine, 30 EDR 13 (1990) Matter of Boylan, 24 EDR 421 (1985) Matter of Burns, 29 EDR 103 (1989) Matter of Chipman, 10 EDR 224 (1971) Matter of Dickershaid, 26 EDR 112 (1986) Matter of Fitchett-Delk, 25 EDR 178 (1985) Matter of Gibbons, 22 EDR 134 (1982) Matter of LaViolette, 24 EDR 37 (1984) Matter of MacWhinnie, 20 EDR 145 (1980) Matter of McClurkin, 28 EDR 136 (1988) Matter of Reid, 65 Misc 2d 718 (1971) Matter of Rivers, 27 EDR 73 (1987) Matter of Shamon, 22 EDR 428 (1983)

Adoption date: May 5, 2010

ESMCSD Policy Book

4730 HOMEWORK The Board of Education acknowledges the education value of homework as an adjunct to and extension of the instructional program of the schools. Homework provides excellent opportunities for developing good study habits, providing for individual differences and abilities, and encouraging self-initiative on the part of the student. For purposes of this policy “homework” shall refer to those assignments to be prepared by the student outside of the school day or independently while in attendance at school. Teachers are cautioned to avoid overloading students with excessively lengthy homework assignments or with overly brief and empty assignments. Whenever possible, teachers should be cognizant of tests and projects in other classes that may consume students’ out-of-school hours. Planning homework assignments should be given as much care as the planning of any other aspect of a lesson. An assignment important enough to be done must be considered worthy of teacher evaluation. Homework shall be assigned according to these guidelines: 1.

Homework should be a properly planned part of the curriculum extending and reinforcing the learning experience of the school.

2.

Homework should help children learn by providing practice in the mastery of skills, experience in data gathering and integration of knowledge, and an opportunity to remediate learning problems.

3.

Homework should help develop the student's sense of responsibility by providing an opportunity for the exercise of independent work and judgment.

4.

The number, frequency, and degree of difficulty of homework assignments should be based on the abilities, activities, and needs of the student. However, the grade given for the homework is dependent on the student's performance.

5.

As a valid educational tool, homework should be clearly assigned and its product carefully and promptly evaluated.

The Board of Education believes that parental involvement in students' homework is essential to making homework an integral part of the educational program. Parents are encouraged to monitor homework assignments and, to the extent possible, provide conditions that are conducive to their successful completion. Adoption date: December 14, 2010

ESMCSD Policy Book

4750 PROMOTION AND RETENTION OF STUDENTS It is essential that each child experience both challenge and success from school activities. To this end, the district will make every effort to place each student in the most appropriate learning level for a successful educational experience. District curriculum guides indicate goals for achievement by the "average" student at each grade level. However, academic growth, like physical growth, does not take place at the same pace or time for all individuals. Certain students may achieve mastery in a shorter period, while others need additional time. Early identification and intervention, promotion and retention are methods of meeting the needs of such children. The following guidelines shall govern student progression:

Early Identification/Intervention Classroom teachers are expected to make every effort, consistent with the district’s implementation of response to intervention (RTI), to identify early those students at risk of failing. The Building Principal and the parents/guardian must be notified promptly if retention is anticipated, and a special support program shall be designed for each child identified as in danger of failing. Such support services may include, but are not limited to, individualized assistance before, during or after the school day; a change in instructional approach, remedial classes; and, where appropriate, referral to the Instructional Support Team (IST) or the Committee on Special Education for evaluation.

Promotion/Retention Elementary Schools. At the elementary level, students who pass all subjects will be promoted. Students who do not make satisfactory progress in one or more basic subjects -- Reading, English, Mathematics, Spelling, Social Studies and Science -- shall have their cases considered on an individual basis and may be retained. Retention shall be limited to those situations where the best interest of the child is reasonably assured. Diligent effort shall be made to use all available resources to determine the child’s appropriate placement. 7th Grade Students who pass all subjects but one shall have the failure evaluated and a determination made as to the reason for the failure. The student shall be promoted with recommendation for summer school. The decision shall be arrived at by consensus from a case review approach involving teacher, Principal/administrator and guidance counselor. 7th grade students who fail two subjects shall have their cases considered on an individual basis through a case conference approach described above.

ESMCSD Policy Book

4750 7th grade students who fail more than three core subjects (math, science, English, social studies, world language) and are not successful in summer school, shall fail for the year and be retained in the current grade level. 8th Grade Students who fail three core courses (living environment, algebra, and world language), and an additional course(social studies or English), shall have their cases considered on an individual basis through a case review approach set up to discuss retention. Retention. A decision to retain shall be arrived at by consensus from a case review approach involving the teacher, Building Principal/administrator, Special Education Director (If the student is classified), school psychologist, and parent/guardian. Factors to be considered include teacher recommendation; classroom achievement and attitude; standardized test scores; social and emotional development; results of the family conference; and, for identified students, recommendations by the Committee on Special Education. Standardized test scores will not be the sole or primary factor in the decision. If a consensus cannot be reached, the decision of the Building Principal shall be final. No student will be retained without an appropriate and comprehensive educational plan defining what will occur that is instructionally different for the student. Once the educational plan has been implemented, the student will be monitored regularly. The case review committee will meet quarterly to review data; work samples; teacher reports; classroom achievement and attitude; standardized test scores; social and emotional development; results of the family conference; and, and any other available records. The educational plan will be revised as needed based on the quarterly reviews until the student demonstrates acceptable performance. Senior High School. In general, promotion from one class to the next shall be contingent upon the passing of all required courses and the accumulation of the required 5 credit(s) at each level. In order to inform parents/guardians about the district’s approach to promotion and retention, this policy will be posted on the district website and included in student and/or parent handbooks. Cross-ref: Ref:

4321.2, School-wide Pre-referral and Intervention

Education Law §§ 305(47); 1709; 2503(4); 3202 8 NYCRR §100.4 Isqwith v. Levitt, 285 App. Div. 833; 137 N.Y.S.2d 497 (1955) Matter of Eckert, 13 EDR 270 (1979) Op. Counsel, 1 EDR 775 (1952)

Adoption date: August 20, 2014

ESMCSD Policy Book

4770 GRADUATION REQUIREMENTS The Board of Education will determine the graduation requirements of the district in accordance with the Regulations of the Commissioner of Education. The Superintendent of Schools shall develop regulations setting forth the diploma requirements. Such regulations shall be approved by the Board and shall be provided to students and parents each year once a student reaches the eighth grade.

Adoption date: December 10, 2010

ESMCSD Policy Book

4810 TEACHING ABOUT CONTROVERSIAL ISSUES The Board of Education recognizes their broad responsibility for providing for a course of study in the schools that is appropriate to the age and ability of the students in the district. The Board also recognizes that within the broad parameters of curriculum, a teacher must be free to engage the classroom discussion and debate in order to stimulate the exchange of ideas and critical thinking. Controversial issues may arise that deal with matters about which there are varied levels of opposing views, biases, emotions, and/or conflict. The Board wishes to ensure that controversial issues are presented in a manner that preserve the academic integrity of the district and reflects community values. Therefore, the Board establishes the following guidelines for teachers to follow when presenting controversial issues in the classroom: 1.

In the classroom, matters of a controversial nature shall be handled as they arise in the normal course of instruction and not introduced for their own sake. Such issues shall be neither sought nor avoided.

2.

When presenting various positions on a controversial issue, the teacher shall take care to balance major views and to assure that as many sides of the issues as possible are presented in a fair manner, with no position being espoused by the teacher as the only one acceptable.

3.

When materials dealing with controversial topics are to be used, assigned or recommended, such materials must: 

have educational value and be relevant to the curriculum;



be appropriate to the age and maturity level of the students; and



not adversely affect the attainment of the district's instructional goals or result in substantial disruption of the normal operation of the classroom.

Prior to presenting controversial materials to their students all teachers shall: 1.

review carefully any and all material to be distributed to students with the understanding that they will be responsible and accountable for all materials distributed; and

2.

notify the Department Chairperson in advance of the dissemination of any material likely to be considered controversial by staff, class or community.

The Chairperson will review the materials pursuant to the guidelines above. It is recognized that parents/guardians, students and citizens of the community have a right to protest to the school administration when convinced that unfair and biased presentations are being made by the teacher. These complaints should be heard in accordance with the process outlined in Complaints about Curricular or Instructional Materials, 1420.

ESMCSD Policy Book

4810 Ref:

Tinker v. Des Moines Independent Community School District, 393 U.S. 260 (1988) (students have First Amendment rights) Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988) (limitations on students First Amendment rights in an educational setting) Board of Education v. Pico, 457 U.S. 853 (1982) (balance discretion of the Board over educational affairs with student's constitutional rights) Appeal of Malverne Union Free School District, 29 Educ. Dep't. Rept. 363 (1990) (teachers First Amendment rights in an educational setting) Appeal of O'Connor, 29 Educ. Dep't. Rept. 48 (1989) (notification prior to dissemination of controversial materials)

Adoption date: December 10, 2010

ESMCSD Policy Book

4850 ANIMAL DISSECTION The Board of Education of the Eastport-South Manor Central School District acknowledges the importance of the study of animals as part of the curriculum in certain life sciences courses. Practical experience with structure and function in animals is an essential component of these studies. The primary goals for the instructional process involving animals are to achieve an understanding of the life processes, to demonstrate biological principles and to teach the proper care and handling of animals. Instructional activities involving the investigation and/or dissection of animals will be adequately supervised and conducted with respect for life and a commitment to the safety of the students performing the investigations and dissections. The Board further recognizes that some students may have a moral or religious objection to the performance or witnessing of the dissection of an animal. Students shall have the right to opt-out of performance or witnessing of dissection activities, provided that the student perform an alternative project that is approved by the student’s teacher. The student’s moral or religious objection must be substantiated in writing by the student’s parent or guardian. Students who perform alternative approved projects and do not perform or witness the dissection of animals shall not be penalized.

Ref: Education Law Section 809(4). Adoption date: October 19, 2011

ESMCSD Policy Book

Table of Contents (Series 5000)

Student Policies Goals ...................................................................................

Policy 5000

Students with Disabilities Pursuant to Section 504 .......................................

5020.3

Policy to Address Bullying, Cyberbullying, Intimidation & Harassment .....

5020.5

Student Bullying & Harassment Formal Complaint Form ............................

5020.5.E.1

Student Bullying & Harassment Complaint Appeal Form ............................

5020.5.E.2

Student Complaints and Grievances ..............................................................

5030

Student Complaints and Grievances Regulation............................................

5030-R

Attendance .....................................................................................................

5100

School Admissions .......................................................................................

5150

Entrance Age ..................................................................................................

5150.1

New Entrant Screening Policy ......................................................................

5150.2

Homeless Children .........................................................................................

5151

Homeless Children Regulation ......................................................................

5151-R

Admission of Non-Resident Students ............................................................

5152

Admission of Foreign Students .....................................................................

5152.1

Student Dismissal Precautions .......................................................................

5162

Student Dismissal Precautions Regulation ....................................................

5162-R

Staff-Student Relations (Fraternization) ........................................................

5180

Extracurricular Activities and Eligibility .......................................................

5205

Student Organizations ....................................................................................

5210

School Sponsored Student Publications ........................................................

5220

Concussion Management Policy ………………………………… ...............

5280

ESMCSD Policy Book

Code of Conduct ............................................................................................

5300

Definitions …………………………………………………………........

5300.05

Student Rights and Responsibilities …………………………………….

5300.10

Essential Partners ......................................................................................

5300.15

Student Dress Code ..................................................................................

5300.20

Prohibited Student Conduct …………………………………………… .

5300.25

Reporting Violations ................................................................................

5300.30

Disciplinary Penalties, Procedures and Referrals ....................................

5300.35

Alternative Instruction .............................................................................

5300.45

Discipline of Students with Disabilities ...................................................

5300.50

Corporal Punishment ...............................................................................

5300.60

Student Searches and Interrogations ........................................................

5300.65

Visitors to the Schools .............................................................................

5300.70

Public Conduct on School Property …………………………………….

5300.75

Dissemination and Review ………………………………………….. ....

5300.80

Dignity for All Student Act – Effective July 1, 2012 …………………..

5300.85

Local Wellness Policy....................................................................................

5405

Student Health Services .................................................................................

5420

Student Health Services Regulation...............................................................

5420-R

Alcohol Consumption by Students and Breathalyzer Regulation..................

5440.1

Notification of Sex Offenders ........................................................................

5450.1

Notification of Sex Offenders Regulation .....................................................

5450.1-R

Notification of Sex Offenders Exhibit ...........................................................

5450.1-E

ESMCSD Policy Book

Child Abuse, Maltreatment, or Neglect in the Domestic Setting ..................

5460

Child Abuse, Maltreatment, or Neglect in the Domestic Setting Regulation

5460-R

Student Records .............................................................................................

5500

Student Records Regulation ...........................................................................

5500-R

Student Privacy .............................................................................................

5550

Violent or Disruptive Incident Reporting .....................................................

5710

ESMCSD Policy Book

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, creative, physical, emotional, and social growth. The Board acknowledges that a student’s growth is influenced by his/her environment, both at home and in school. Therefore, the school district shall strive to create an environment in which the student may learn to live and adapt successfully in an ever-changing world in order to become a responsible and productive member of society. The Board and district staff shall work together to achieve the following goals: 1.

tailor the learning program to each student's learning styles, interests, and aspirations;

2.

protect and observe the legal rights of students;

3.

enhance the self-image of each student by helping him/her feel respected and worthy through a learning environment that provides positive encouragement through frequent success;

4.

provide an environment in which students can learn personal and civic responsibility for their actions through meaningful experiences as school citizens; and

5.

promote faithful attendance and good work.

Adoption date: June 18, 2008

ESMCSD Policy Book

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. Cross-ref: Ref:

4321, Programs for Students with Disabilities 5300, 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: June 18, 2008

ESMCSD Policy Book

5020.5 POLICY TO ADDRESS BULLYING, CYBERBULLYING, INTIMIDATION AND HARASSMENT I. Prohibition of Bullying It is the policy of the Eastport-South Manor Central School District to prohibit bullying, cyberbullying, harassment, or intimidation of any kind on district property, on district transportation, at school-sponsored events or functions or by use of electronic technology either on school premises or off school premises, where the off-campus conduct substantially disrupts the school environment. It is the policy of the Eastport-South Manor Central School District to prohibit reprisal or retaliation against any individual who reports acts of bullying, cyberbullying, harassment, or intimidation, or who are victims, witnesses, bystanders, or others with reliable information about an act of bullying, cyberbullying, harassment, or intimidation. II. Definition of Bullying, Cyberbullying, Harassment, or Intimidation As used in this policy, “bullying, cyberbullying, harassment, or intimidation” means intentional conduct, including verbal, physical, or written conduct or an electronic communication that creates a hostile educational environment by substantially interfering with a student’s educational benefits, opportunities, or performance, or with a student’s physical or psychological well-being and is:  motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability; or,  threatening or seriously intimidating; and,  occurs on school property, at a school activity or event, or on a school bus; or,  substantially disrupts the orderly operation of a school. “Electronic communication” means a communication transmitted by means of an electronic device, including but not limited to, a telephone, cellular phone, computer, laptop, pager, or other hand-held device. It further includes, but is not limited to, communications transmitted by way of email, text message, instant message, voicemail, social networking sites, webpage, video, blogs and twitter. III. Prevention, Intervention, Remediation, and Consequences This policy recognizes that the prohibition of bullying and cyberbullying in schools and reprisal and retaliation against individuals who report acts of bullying and cyberbullying, as well as subsequent consequences and remedial actions, cannot be effective as prevention and intervention methods unless they are included as a part of a whole-school prevention/intervention program. The whole-school program would include the following elements: prevention, intervention/remediation, and consequences.

ESMCSD Policy Book

5020.5 Prevention will include: At least annual professional development for administrators and all staff to increase awareness of the prevalence, causes, and consequences of bullying and cyberbullying and to increase the use of evidence-based strategies for preventing bullying. Additional professional development may be provided for new employees who are hired after the start of school during the school year. District-wide evidence-based anti-bullying programs implemented as a part of a system of positive behavioral supports and school improvement efforts at all grade levels. District climate improvement efforts in order to promote student involvement in the anti-bullying efforts, peer support, mutual respect, and a culture which encourages students to report incidents of bullying and cyberbullying to adults. Collaboration with families and the community to inform parents about the prevalence, causes, and consequences of bullying and cyberbullying, including its central role as a public health hazard, and the means of preventing it. School/building-specific data collection on the prevalence and characteristics of bullying and cyberbullying to guide decision-making related to prevention, intervention, and professional development. Intervention/Remediation will include: Professional development for school staff on how to respond appropriately to students who bully, are bullied, and are bystanders who report bullying. Education/intervention for the students exhibiting bullying behaviors will include teaching replacement behaviors, empathy, tolerance and sensitivity to diversity. Remedial measures designed to correct the bullying behavior, prevent another occurrence, and protect the victim. Support/counseling for the victim with protection from retaliation and further episodes of bullying. A continuum of interventions developed to prevent bullying by addressing the social-emotional, behavioral, and academic needs of students who bully in order to prevent further incidents, while taking great care to ensure the safety of the victim. Utilizing community health and mental health resources for those students who are unable to stop bullying behaviors in spite of school intervention and for those students involved in bullying behaviors as perpetrators, victims, or witnesses whose mental or physical health, safety, or academic performance has been impacted. Consequences: Consequences such as discipline, including suspensions and expulsions consistent with the Code of Conduct, or protective orders should not be viewed as punishments designed to prevent bullying. Instead these are means of protecting the victims by providing containment, while positive behavioral discipline is implemented.

ESMCSD Policy Book

5020.5 Consequences should also include recognition for positive behavior exhibited by the student who has previously exhibited bullying behavior, the bullied student who is implementing strategies to offset past problems, and the bystander who has taken an active role in addressing bullying behaviors. IV. Standard Consequences and Remedial Actions for persons committing acts of bullying, cyberbullying, harassment, or intimidation and for persons engaged in reprisal or retaliation and for persons found to have made false accusations Consequences and remedial actions for persons committing acts of bullying, harassment, or intimidation and for persons engaged in reprisal or retaliation and for persons found to have made false accusations will be consistently and fairly applied, after appropriate investigation, consistent with the Code of Conduct and other relevant District Policies. V. Procedures for Reporting Acts of Bullying, Cyberbullying, Harassment, or Intimidation 1.

If a student complains that he/she is currently the victim of bullying, cyberbullying, harassment, or intimidation, the staff member will respond quickly and appropriately to investigate and intervene, as safety permits.

2.

If a student expresses a desire to discuss an incident of bullying, cyberbullying, harassment, or intimidation with a staff member, the staff member will make an effort to provide the student with a practical, safe, private, and age-appropriate way of doing so.

3.

Bullying, Cyberbullying, Harassment, or Intimidation Reporting Forms may be obtained in the school’s main (front) office, counselor’s office, and other locations determined by each school. The forms may be submitted by a student, parent, close adult relative, or staff member to school administration. A student may request assistance from a staff member to complete the form if the student wishes.

4.

Bullying, Cyberbullying, Harassment, or Intimidation Reporting Forms may also be obtained electronically from the school system’s website or a school’s website and may be submitted by a student, parent or guardian, close relative, or staff member to school administration.

5.

Bullying, Cyberbullying, Harassment, or Intimidation Reporting Forms will be included in the beginning of the year packets for students and their parents.

6.

Information obtained from the Bullying, Cyberbullying, Harassment, or Intimidation Reporting Forms shall be recorded for data collection.

VI. Procedures for the Prompt Investigation of Acts of Bullying, Cyberbullying, Harassment, or Intimidation. 1.

All reports must be written using the Bullying, Cyberbullying, Harassment, or Intimidation Reporting Form. They must then be promptly and appropriately investigated by school administrators or the administrative designee, consistent with due

ESMCSD Policy Book

5020.5 process rights, using the Bullying, Cyberbullying, Harassment, or Intimidation Incident Investigation Form within 2 school days after receipt of a reporting form or as timely as possible for school administration. 2.

School administrators or the administrative designee will determine whether bullying, cyberbullying, harassment, or intimidation actually occurred by taking steps to verify who committed the act of bullying, cyberbullying, harassment, or intimidation and whether others played a role in perpetuating this act. Other related complaints, if any, will be reviewed in making this determination.

3.

Neither victim nor witnesses should be promised confidentiality at the onset of an investigation. It cannot be predicted what will be discovered or if a hearing may result from the ultimate outcome of the investigation. Efforts should be made to increase the confidence and trust of the victim and any witnesses. They will be informed that any information discussed and recorded will be confined to “need to know” status.

4.

School administrators or the administrative designee will immediately notify parents of the victim and offender of the incident.

5.

School administrators or the administrative designee will apply consequences and/or remedial actions consistent with due process rights and the Code of Conduct. The offender will be informed that retaliation against a victim or bystander is strictly prohibited and that progressive consequences will occur if the activity continues.

6.

The administrator/designee will create a written record of the bullying, cyberbullying, harassment, or intimidation incident and any disciplinary actions taken, as well as the statements of the victim, witnesses, and offender. Discussions with all parties should be documented as soon as possible after the event.

7.

Separate conferences with the victim and offender will occur within two weeks after the investigation to determine whether the bullying, cyberbullying, harassment, or intimidation has continued and whether additional consequences need to be implemented. These conferences may occur as part of the counseling intervention. Another follow-up conference or conversation will be held with the victim four weeks after the initial follow-up conference to determine if the bullying, cyberbullying, harassment, or intimidation has ceased.

VIII. Information regarding the availability and use of the bullying, cyberbullying, harassment, or intimidation reporting form. 1.

Schools will inform staff about the availability of the form for their use during openingof-school meetings and then periodically throughout the school year.

2.

Schools will inform students about the availability of the form and its use during orientation sessions in classes during the first week of school.

ESMCSD Policy Book

5020.5 3.

Forms will be included in the beginning of the year packet for students and their parents.

4.

A description about the availability of the form and its use should be published in a school’s student/parent handbook and in its Code of Conduct.

5.

A description about the availability of the form and its use should be published on the district’s website which should include the capability for downloading the form.

6.

Forms should be available in all schools in the main (front) office, counselor’s office, and other locations determined by the school.

7.

A student may request assistance from a staff member to complete the form at school if the student wishes.

Adopted: May 5, 2010

ESMCSD Policy Book

5020.5.E.1 STUDENT BULLYING AND HARASSMENT FORMAL COMPLAINT FORM Name and title/position, if applicable of Complainant __________________________________ _____________________________________________________________________________ Date of complaint ______________________________________________________________ Name and title/position, if applicable of Alleged Harasser ______________________________ _____________________________________________________________________________ Date and place of incident _______________________________________________________ Description of misconduct _______________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Name and title/position, if applicable of Witnesses, if any ______________________________ _____________________________________________________________________________ Has this incident been reported before? _____________________________________________ If yes, to whom? _______________________________________________________________ What was the resolution? ________________________________________________________ Was the resolution of previous harassment satisfactory? _______________________________ Reason(s) for dissatisfaction _____________________________________________________ ____________________________________________________________________________ Signature of Complainant _______________________________________________________ Signature of Parent and/or guardian, if applicable____________________________________ Adopted: May 5, 2010

ESMCSD Policy Book

5020.5.E.2 STUDENT BULLYING AND HARASSMENT COMPLAINT APPEAL FORM Name and title/position, if applicable of Complainant __________________________________ _____________________________________________________________________________ Date of appeal__________________________________________________________________ Date of original complaint ________________________________________________________ Have there been any prior appeals? _________________________________________________ If yes, when? To whom? _________________________________________________________ Description of decision being appealed______________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Why is the decision being appealed? ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Signature of Complainant ________________________________________________________ Signature of Parent and/or guardian, if applicable ______________________________________ Adoption date: May 5, 2010

ESMCSD Policy Book

5030 STUDENT COMPLAINTS AND GRIEVANCES The Board of Education acknowledges that students will come in conflict with each other and with the staff and administration from time to time. The school district is presented with a unique opportunity to provide students with a model for how to register complaints and resolve differences in a respectful and equitable manner. A student shall have the right to present complaints and grievances* in accordance with procedures free from coercion, interference, restraint, discrimination or reprisal. One source of student complaint can be disciplinary action. The code of conduct outlines the procedures for addressing grievances associated with the administration of discipline. 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. 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. ________________________________ *Students alleging a violation of Title IX (sex discrimination) or Section 504 and the Americans with Disabilities Act (discrimination based on disability) should consult policy and regulation 0100, Equal Opportunity, for a description of the complaint process. Cross-ref:

0100, Equal Opportunity 5300, Code of Conduct

Ref:

Education Law §3214

Adoption date: June 18, 2008

ESMCSD Policy Book

5030-R STUDENT COMPLAINTS AND GRIEVANCES REGULATION Individual complaints and grievances shall be handled in accordance with the following guidelines: 1.

For informal conciliation, students should confer with the appropriate teacher or school personnel to achieve prompt resolution. Students may appeal to the highest authority in the school building, i.e., the Building Principal, who has the final determination on all such matters.

2.

For resolution of matters where appeal procedures are prescribed by statute, e.g., student suspensions, the prescribed course of action will be followed.

3.

On issues affecting the student body, students may address the student government or student council in order to resolve such matters. Students may be afforded a conference with the Building Principal in accordance with the rules and procedures established by the student government.

4.

The resolution of student complaints alleging any action prohibited by Title IX, Section 504 or the ADA shall be dealt with according to the procedures outlined in 0100-R.

Distribution of the Grievance Procedure A copy of this procedure shall be distributed to all employees and to all students or their parents/guardians. A copy of this procedure and 0100-R shall be available for public inspection at reasonable times with the District Clerk or at the office of the Compliance Officer. Adoption date: August 19, 2008

ESMCSD Policy Book

5100 ATTENDANCE POLICY 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 reduce the current level of unexcused absences, tardiness, and early departures (referred to in this policy as “ATEDs”), encourage full attendance by all students, maintain an adequate attendance record keeping system, identify patterns of student ATEDs and develop effective intervention strategies to improve school attendance. This policy shall be in effect for the entire twelve-month school year, including summer school. In accordance with the NYS Education Law, the Board requires that each minor regularly attend school full-time from the first day of session in September of the school year in which the minor becomes six years of age through the last day of the school year in which such minor becomes sixteen years of age, unless he/she has completed a four-year high school course of study. He/she may attend a school other than a public school or receive home instruction, provided the instruction is equivalent to that given in the public schools. A minor, who is not a graduate of a four-year high school and who has attained the age of 16 and applied for a full time employment certificate, may attend part-time school not less than twenty hours per week during those periods when he/she is employed. This provision is only available to students who have accumulated enough credits to be considered a senior. Notice To be successful in this endeavor, it is imperative that all members of the school community be 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 shall be implemented: 

The attendance policy will be reviewed with the students at the start of the school year. It will be posted on the district’s website. The attendance policy will be included in the student handbook.



Parents will receive a plain language summary of this policy by mail at the start of the school year.



School newsletters, publications and the district web site will include periodic reminders of the components of this policy.



The district will provide a copy of the attendance policy and any amendments thereto to faculty and staff. New staff will receive a copy upon their employment.



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.

ESMCSD Policy Book

5100 

Copies of this policy will also be made available to any community member, upon request.

Excused Absences Excused ATEDs are defined as Absent, Tardy, Early Dismissal from class or school due to the following: 1. 2. 3. 4. 5. 6. 7. 8. 9.

illness illness, death or emergency in the family impassable roads or weather religious observance quarantine required court appearances attendance at health clinics, doctor’s appointment (parents should make an effort to schedule doctor appointments outside of school day) approved college visits school trips

Unexcused Absences All other ATEDs are considered unexcused absences. This includes, but is not limited to, vacations, cut classes, and unapproved college visits. Teachers are not obligated to provide make-up class work for students with unexcused absences. NOTE: Students are not absent from school when suspended, or on an approved schoolsponsored trip or accompanying a parent on Bring Your Child to Work Day. General Procedures Addressing Excused/Unexcused ATEDs (ATEDs – Absent, Tardy and Early Departures) 

All ATEDs must be accounted for by the student’s parent(s)/guardian(s). It is the parent’s/guardian’s responsibility to notify the school office on the day of the student’s absence or lateness. Additionally, it is essential that the parent/guardian provide a written note when the student returns to school. Every note must contain the reason and date of absence or lateness. NOTE: When an elementary student is tardy, 10 minutes or more after the scheduled start time of school, the parent must accompany the student and sign him/her in at the main office.



ATEDs from class or school during a quarter, the building’s attendance staff will provide the names and grade levels of such students to the Principal or his/her designee for review of attendance intervention procedures with the student and parent.

ESMCSD Policy Book

5100 

In grades 9 – 12, when a student accrues any unexcused ATEDs from school, the high school’s grade attendance office will provide notification to the parents. When a pattern of excused/unexcused absences is identified, the grade level administrator or designee will implement appropriate intervention procedures with the building’s support staff.



In grades K – 12, when a student is either absent, tardy, or leaves early from school without parental notification or a building staff member’s authorization for absence, the building’s attendance staff will notify the student’s parent/guardian. The purpose of this contact is to discuss the specific absence and review the Attendance Policy. If the parent/guardian is inaccessible, the absence will remain as unexcused until the attendance secretary is provided with a lawful excuse.

Data Collection 

Students in Grades K – 5 will have their attendance recorded upon arrival to school each day. Students in Grades 6 – 12 will have their attendance recorded during each period of instruction.



At the conclusion of the school day, all attendance information shall be compiled and provided to the designated staff member(s) responsible for attendance.



The nature of an ATED will be coded in each student’s attendance record by the appropriate attendance staff.



When additional information is received that requires corrections to be made to a student’s attendance card, said corrections will be made in a timely manner.



Attendance data will be analyzed quarterly to identify patterns or trends in student absences. The building Principal or his/her designee will complete the analysis.

Intervention Procedures 

When a pattern of excused/unexcused ATEDs are identified by the attendance secretary, the Principal or his/her designee will be notified. A letter will be sent to the parent/guardian of the student.



If the pattern of excused/unexcused ATEDs does not improve, the student will be referred to the building level support staff for the development of intervention strategies, i.e., counseling, referral to Instruction Support Team, referral to Committee on Special Education, etc.



If the pattern persists after building intervention strategies have been implemented, the support staff will notify the Principal for further intervention.

ESMCSD Policy Book

5100 

When all building intervention strategies have been exhausted and the pattern persists, the case should be referred to the District’s Family Court Liaison to determine if an Educational Neglect Petition should be filed with the Department of Child Protection Services or a Student PINS (Person in Need of Supervision) should be filed with the Department of Probation.

Consequences Unexcused ATEDs may result in disciplinary action consistent with the District’s Code of Conduct. Those penalties may include, for example, detention or in-school suspension. Student may also be denied the privilege of participating in or attending extracurricular events. In addition, the designated staff member(s) noted earlier in this policy will contact the student’s parents. Such staff member(s) shall remind parents of the attendance policy, explain the ramifications of unexcused ATEDs, stress the importance of class attendance and discuss appropriate intervention strategies to correct the situation. Attendance Incentives The district will design and implement age appropriate systems to acknowledge a student’s efforts to maintain or improve school attendance. School buildings will develop incentives to improve attendance. Designated building personnel will take action to improve student attendance through the use of strategies such as home visits, parent conferences, phone conferences, counseling and other instructional strategies to meet the needs of the students. Annual Review The Board shall annually review building-level student attendance records and, if such records show a decline in student attendance, the Board shall revise this comprehensive attendance policy and make any revisions to the plan it deems necessary to improve student attendance. Cross Ref:

5230, Academic Eligibility for Participation in Co-Curricular and ExtraCurricular Activities 5300.35, Code of Conduct, Subsection entitled Disciplinary Penalties, Procedures and Referrals

Ref:

Education Law §§1709; 3024; 3025; 3202; 3205-3213; 3225 8 NYCRR §§104.1; 175.6

Adoption date: June 25, 2002 Revised: August 23, 2005 Revised: August 22, 2006 Revised: March 19, 2008

ESMCSD Policy Book

5150 SCHOOL ADMISSIONS The district shall provide a public education to all persons residing in the district between the ages of five and twenty-one who have not received a high school diploma. A veteran of any age who has not yet received his/her high school diploma and who has been discharged under conditions other than dishonorable is eligible to attend school. A non-veteran under twenty-one years of age who has received a high school diploma shall be permitted to attend school or BOCES upon payment of tuition. Upon registration, all new students shall be required to present: 1.

proof of age - examples of acceptable forms of documentation include, but are not limited to, a birth certificate, baptismal record, a passport (including a foreign passport), or other documentary or recorded evidence in existence two years or more, except an affidavit of age, such as an official driver’s license, state or other government-issued identification, school photo identification with date of birth, consulate identification card, hospital or health records, military dependent identification card, documents issued by federal, state, or local agencies (e.g., local social service agency, federal Office of Refugee Resettlement), court orders or other court-issued documents, Native American tribal document, or records from non-profit international aid agencies and voluntary agencies. a passport (including a foreign passport), or other documentary or recorded evidence in existence two years or more, except an affidavit of age, such as an official driver’s license, state or other government-issued identification, school photo identification with date of birth, consulate identification card, hospital or health records, military dependent identification card, documents issued by federal, state or local agencies (e.g., local social service agency, federal Office of Refugee Resettlement) court orders or other courtissued documents. Native American tribal document, or records from non-profit international aid agencies and voluntary agencies;

2.

record of immunizations* and a health certificate from a licensed physician; and

3.

proof of district residency – examples of acceptable forms of documentation include, but are not limited to, a pay stub, income tax form, mortgage or lease documents to a house or apartment, a statement by a third party landlord, owner, or tenant from whom the parent(s) (or person(s) in parental relation) lease or with whom they share property within the District, a statement by a third party establishing the parents; physical presence within the District, a statement by a third party landlord, owner, or tenant from whom the parent(s) (or person(s) in parental relation) lease or with whom they share property within the District, a statement by a third party establishing the parents’ physical presence within the District, telephone or utility bills or other bills sent to the student’s home address, rent payment receipts, a copy of a money order for payment of rent, a letter from a parent’s employer that is written on company letterhead, voter registration document or a state or other government-issued ID, membership documents based upon residency, documents issued by federal, state, or local agencies (e.g., local social service agency, federal Office

ESMCSD Policy Book

of Refugee Resettlement), and evidence of custody of the child, such as judicial custody orders or guardianship papers, membership documents based upon residency, documents issued by federal, state or local agencies (e.g., local social service agency, federal Office of Refugee Resettlement), and evidence of custody of the child, such as judicial custody orders or guardianship papers. The District also reserves the right to require the parent(s) or person(s) in parental relation to the student to provide an affidavit in support of residence. * Regulations that accompany policy 5420, Student Health Services, provide additional guidance regarding immunization records. If the parent/guardian of a student seeking to enroll is limited English proficient, the district will meaningfully communicate material information about enrollment as required by federal law. The district will provide parents/guardians of all newly enrolled students with appropriate information including student handbooks and information about access to special education services. Cross-ref: Ref:

5151, Homeless Students 5420, Student Health Services

Education Law §§903; 904; 3202; 3208; 4402(8) Public Health Law §2164 8 NYCRR § 100.2(y) Student Registration Guidance, New York State Department of Education, August 26, 2010 www.emsc.nysed.gov/sss/pps/residency/studentregistrationguidance082610.pdf Educational Services for Recently Arrived Unaccompanied Children, New York State Education Department, September 10, 2014 Information on the Rights of All Children to Enroll in School, U.S. Departments of Education and Justice, Revised May 8, 2014 Fact Sheet I and II: Information on the Rights of All Children to Enroll in School, http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201405.pdf Plyler v. Doe 457 US 202 (1982)

Adoption date: March 18, 2015

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5150.1 ENTRANCE AGE Children, who reach their fifth birthday on or before December 1st 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 an original birth certificate (or certified-raised seal-copy), baptismal certificate, passport, or such other documentary or recorded evidence the Superintendent deems acceptable for purposes of determining a child’s age. 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 §§1709; 1712; 2503; 2514; 2555; 3202; 3205; 3210; 3218.

Adopted: March 21, 2012

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5150.2 NEW ENTRANT SCREENING POLICY I.

INTRODUCTION

The Eastport-South Manor Central School District Board of Education affirms this screening policy in order to identify those new entrants who may possibly be gifted and talented or may be suspected of having a disability. It is in compliance with state and federal law and is comprehensive in nature. This policy is designed to engage the full participation of pupil personnel services staff and will be used to identify those students with exceptional qualities in health, speech and language, cognitive development, and visual-motor integration. The purpose of this policy is also to identify and to refer for further evaluation children with special needs and English language learners. II.

DEFINITIONS

A.

Gifted and Talented: Section 142.2 of the Regulations of the Commissioner of Education define Gifted and Talented children as those students who show evidence of high performance capability and exceptional potential in areas such as general intellectual ability, special academic aptitude and outstanding ability in visual and performing arts.

B.

Student with a Disability: A pupil who has a possible disability shall mean a pupil who, on the basis of diagnostic screening, shows evidence of being educationally impaired because of a mental, physical, emotional reason. Further definition is set forth in the Commissioner’s Regulations, Part 200, “Students with Disabilities.”

C.

English Language Learners: Section 154-1 of the Regulations of the Commissioner of Education define pupils with limited English proficiency or English Language Learners as students who by reason of foreign birth or ancestry, speak a language other than English and (i) either understand and speak little or no English; or (ii) score below a State designated level of proficiency as set forth in the Regulations.

D.

New Entrant: For purposes of diagnostic screening, the term “new entrant” is defined by the Commissioner of Education as a pupil entering the New York State public school system for the first time, or entering a New York State public school with no available record of prior screening. The definition includes:

E.

1.

Students who have transferred into the public school system from nonpublic schools within New York State (i.e., parochial schools); and

2.

Students who have transferred into the New York State public school system from other states and countries.

Diagnostic Screening: Part 117 of the Regulations of the Commissioner of Education defines Diagnostic Screening as a preliminary method of distinguishing from the general population those students who may possibly be gifted and talented or who may be suspected of having a disability and/or those students who possibly are limited English proficient.

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5150.2 III.

DIAGNOSTIC SCREENING

A.

Diagnostic screening must be conducted by persons appropriately trained or qualified. In addition, diagnostic screening must be administered in the pupil’s native language.

B.

New York State required that new students who enter prior to the school year must be screened no later than December first of the school year of entry. Should the entry take place after December first of the school year, the student must be screened within 15 days of transfer.

C.

In addition to new entrants, pupils who score below level two on either the third grade reading or mathematics test for New York State elementary schools, and students who obtain a comparable percentile score on the Regents Preliminary Competency Test, must be screened within 30 days of the availability of the test scores.

D.

Diagnostic Screening for new entrants shall include:

E.

1.

A health examination by a duly licensed physician/health care provider, or evidence of such in the form of a health certificate in accordance with Sections 903, 904, and 905 of the Education Law.

2.

Certificates of immunization or referral for immunization in accordance with Section 2164 of the Public Health Law.

3.

Vision, hearing and scoliosis screenings are required by Section 136.3 of the Regulations of the Commissioner.

4.

A determination of development in oral expression, listening comprehension, written expression, basic reading skills and reading fluency and comprehension, mathematical calculation and problem solving, motor development, articulation skills, and cognitive development using recognized and validated screening tools; and

5.

A determination whether the student is of foreign birth or ancestry and comes from a home where a language other than English is spoken as determined by the results of a home language questionnaire and an informal interview in English and the native language.

Diagnostic Screening for students with low test scores shall include: 1.

Vision and hearing screenings to determine whether a vision or hearing impairment is impacting the student’s ability to learn; and

2.

A review of the instructional programs in reading and mathematics to ensure that explicit and research validated instruction is being provided in reading and mathematics.

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5150.2

IV.

(i)

Students with low test scores shall be monitored periodically through screenings and on-going assessments of the student's reading and mathematic abilities and skills. If the student is determined to be making sub-standard progress in such areas of study, instruction shall be provided that is tailored to meet the student's individual needs with increasingly intensive levels of targeted intervention and instruction.

(ii)

The District shall provide written notification to parents when a student requires an intervention beyond which is provided to the general education classroom. Such notification shall include: information about the performance data that will be collected and the general education services that will be provided; strategies for increasing the student's rate of learning; and the parents' right to request an evaluation by the committee on special education to determine whether the student has a disability.

COGNITIVE DEVELOPMENT

It is very important that children have the intellectual reasoning capabilities necessary for satisfactory educational growth. Intelligence in the school setting typically involves a child’s ability to perceive, integrate, and express new information. Memory, sequencing, comprehension, and perceptual organization, are common intellectual constructs. In addition, a child’s individual school achievement correlates highly with intelligence and is an excellent predictor of future school success. In order to provide early identification and treatment the following is completed: A.

A review of educational records is conducted in order to assess the student’s current level of academic success and to insure scholastic progress.

B.

In instances where records are incomplete, inconclusive, or unavailable, a brief assessment of the student’s reading and arithmetic skills is conducted.

C.

Exceptional strengths are noted and a report is submitted to the superintendent of schools within 15 calendar days, for a review of appropriate classroom placement and program needs.

V.

HEALTH SCREENING

Detection of visual, auditory, or physical limitations is essential for building an appropriate classroom environment. It is important that weaknesses in seeing and hearing are noted and addressed. Additional health concerns include orthopedic impairments such as fractures, limited strength, vitality, or alertness due to chronic or acute health problems (i.e., heart condition). Deficits in any of these areas may adversely affect a student’s educational performance. When a new student enters Eastport-South Manor Central School District the following is completed: A.

A review of records is conducted in order to insure mandated immunization is in compliance with Section 2164 of the Public Health Law.

ESMCSD Policy Book

5150.2 B.

Medical records are reviewed for any medical problems or concerns. The staff is advised and a notation is made on the Special Conditions list.

C.

A vision and hearing screening test may be requested.

D.

Arrangements are made for a physical examination by the school doctor or family physician.

VI.

RECEPTIVE/EXPRESSIVE LANGUAGE

Speech disorders include problems with voice quality, stuttering, and making sounds correctly. Language disorders include difficulty in understanding or using certain classes of words, oral directions, and grammar. In addition, language disorders may involve difficulty answering or asking questions. In order to help children with verbal communication disorders it is important to provide early identification and treatment. One or more of the following is completed for new entrants: A.

An informal interview is conducted which includes having the student state his or her name, age, siblings, previous school, daily routines, etc.

B.

In order to screen for auditory memory and articulation, students are asked to repeat words and sentences.

C.

Students are asked to pronounce nouns and verbs and describe events or things.

D.

Educational records are reviewed for evidence of a possible speech and/or language impairment.

VII.

MOTOR STRENGTH AND COORDINATION

Motor strength and coordination is necessary for a child to physically manipulate the environment and involves the ability to integrate vision and small or large muscles. Good eyehand coordination correlates with academic readiness skills and physical fitness. The following is completed for new entrants: A.

The student’s eye-hand coordination and strength is assessed by observation.

B.

Significant deficits in eye—hand coordination and/or physical strength are noted.

ADMINISTRATIVE PROCEDURES I.

PROCEDURES

A qualified Eastport-South Manor Central School District staff member will review educational records of all new entrants. The entire student registration packet is sent to the Principal by the District Clerk. If the student is a classified student, the Special Education Director will also be sent a complete registration packet. The New Entrant Screening Form is included in the

ESMCSD Policy Book

5150.2 registration packet. The Building Principal is responsible for disseminating the information to the building staff. One copy is retained in the student’s cumulative file. II.

REFERRAL TIMELINES

A.

A pupil who is suspected of having a disability shall immediately, upon completion of diagnostic screening, be referred to the Committee on Special Education (CSE). The referral shall be accompanied by the diagnostic screening report.

B.

A pupil identified as possibly gifted or talented shall be reported to the superintendent of schools no later than 15 calendar days. An appropriate program shall be determined to meet the needs of the gifted or talented student.

C.

A pupil identified as possibly gifted and talented shall also be reported to the child’s parent or legal guardian no later than 15 days after completion of diagnostic screening.

D.

A student identified as possibility being limited English proficient shall be assessed in accordance with Part 154 of the Regulations of the Commissioner and Eastport-South Manor Central School District’s Policy #4326, “Programs for English Language Learners.”

III.

FINAL REVIEW

The screening is conducted at the building level in the areas of cognitive development, health, receptive/expressive language, and motor strength and coordination, and the respective section on the New Entrant Screening Form is completed and maintained in the student records. The Final Review is in accordance with Part 117 and is a compilation of the information obtained by the respective members of the screening team. This report includes a description of diagnostic screening methods used, the pupil’s performance using those methods and, if required, referral for assessment and/or supplemental educational services. IV.

MANDATED AND NON-MANDATED SCREENING

The New Entrant Screening Form will be used for all entrants, mandated and non-mandated. Referral for additional evaluation should be submitted as needed. Adopted: October 19, 2016

ESMCSD Policy Book

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 homeless children attending the district’s schools with 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. An unaccompanied youth is a homeless child for whom no parent or person in parental relation is available. 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 homeless child is entitled to attend the designated school district on a tuition-free basis for the duration of his or her homelessness. If the child becomes permanently housed, the child is entitled to continue to attendance in the same school building until the end of the school year and for one additional year if that year constitutes the child’s terminal year in such building. The Superintendent of Schools shall develop procedures necessary to expedite the homeless child's access to the designated school. Such procedures shall include: 1.

Admission: Upon designation, the district shall immediately admit the homeless child to school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, medical 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.

2.

Transportation: The district shall provide transportation for homeless students currently residing within the district as required by applicable law.

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5151 3.

School Records: For homeless students attending school out of the district, the district shall, within five days of receipt of a request for records, forward a complete copy of the homeless child's records including proof of age, academic records, evaluation, immunization records and guardianship paper, if applicable.

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: 1.

parents or guardians of homeless children are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

2.

parents and guardians and unaccompanied youth are fully informed of all transportation services available to them, and are assisted in accessing them;

3.

enrollment disputes involving homeless children are promptly mediated and resolved;

4.

school personnel in coordination with shelters and social service agencies and other appropriate entities identify homeless children, including homeless preschoolers;

5.

homeless children receive educational services, including Head Start and preschool services to which they are eligible, as well as referrals to health care and other appropriate services;

In accordance with law and regulation, the district will offer a prompt dispute resolution process (described in more detail in the accompanying administrative regulation). 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: May 18, 2016

ESMCSD Policy Book

5151-R HOMELESS CHILDREN REGULATION Each school in the district shall maintain forms provided by the Commissioner of Education for designating a homeless child’s district of attendance. These forms must be provided to any homeless child or parent or guardian who seeks to enroll a child in school. The district’s liaison for homeless students shall assist the homeless child and/or parent or guardian in understanding their rights under the law and provide them with information regarding the educational and related opportunities available to them. School placement decisions for homeless children will be based on the “best interest of the child.” Unless doing so is contrary to the wishes of the child’s parent or guardian, to the extent possible, a homeless child will continue to attend the school of origin (the school the child attended when he or she became homeless). If the district wishes to send a homeless child to a school other than the school of origin or a school requested by the parent or guardian, the Superintendent or designee shall provide the parent or guardian with a written explanation of its decision, together with a statement regarding the right to appeal the placement. The Superintendent or designee shall refer any such dispute to the district’s liaison for the homeless for resolution. The homeless child must be enrolled in the school sought by the parent or guardian pending resolution of the dispute. Admission Procedures Upon designation, the Superintendent of Schools or designee shall immediately: 1.

review the designation form to ensure that it is complete;

2.

admit the homeless child even if the child or his/her parent or guardian is unable to produce records normally required for enrollment or there is an unresolved dispute regarding school selection or enrollment;

3.

where applicable, make a written request to the school district where a copy of the child’s records are located for a copy of the homeless child’s school records;

4.

notify the liaison for homeless children of the child’s admission. The liaison shall: a. notify the child and/or the parent or guardian of the educational and related opportunities available to homeless children including transportation; b. ensure that the child receives the educational services for which they are eligible, including Head Start and Even Start and preschool programs administered by the district; c. make necessary referrals to health care services, dental services, mental health services, and other appropriate services; and d. ensure that any enrollment disputes are mediated promptly and in accordance with law.

ESMCSD Policy Book

5151-R The Superintendent or designee shall forward a copy of the designation form to the Commissioner of Education and the school district of origin where applicable. Transportation Unless the homeless child is entitled to transportation provided by the Department of Social Services or Office of Children and Family Services, the district shall provide transportation services to the child in accordance with applicable law. A designated school district that must provide transportation to a homeless child may not provide transportation in excess of 50 miles one way, unless the Commissioner of Education determines that it is in the best interest of the child. Dispute Resolution Process If, after the Superintendent reviews the designation form (STAC-202), he/she finds that the student is either not homeless, not entitled to attend the district’s school, or not entitled to transportation (if requested) the Superintendent or designee will do the following: 1. Contact the district’s homeless liaison to assist in dispute resolution process. 2. Contact the student and parent (if available) and inform them of their opportunity to provide more information prior to the district making a final determination. If, after consideration of any additional information and input from the homeless liaison, the Superintendent makes a final determination that a student is not homeless, or not entitled to enrollment or transportation, he/she must provide the student's parent or guardian, or the student, if the student is an unaccompanied youth, with written notice that the student is not entitled to their request. This written notice must also: 1. state the rationale/basis for the district's determination; 2. state the date as of which the student will be excluded from the district's schools (or transportation); 3. advise that the district's final determination may be appealed to the Commissioner of Education (Commissioner); 4. provide the name and contact information for the district's homeless liaison; 5. inform the student's parent or guardian or the student, if the student is an unaccompanied youth, that the district's homeless liaison is required to assist him/her in filing such an appeal; and 6) include, as an attachment, the form needed to file an appeal to the Commissioner.

ESMCSD Policy Book

5151-R The Superintendent must ensure that the district's final decision is delivered to the parent, guardian, or unaccompanied youth in a timely manner. The student must remain enrolled and provided with transportation (if requested) until the district makes a final determination and for a minimum of 30 days after the determination to give the student's parent or guardian or unaccompanied youth the opportunity to appeal to the Commissioner. If the parent/guardian or student commences an appeal to the Commissioner with a stay application within 30 days of the final determination, the homeless child or youth will be permitted to continue to attend the school s/he is enrolled in at the time of the appeal and/or receive transportation to that school until the Commissioner renders a decision on the stay application. Adoption date: May 18, 2016

ESMCSD Policy Book

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: 1.

there is sufficient space to accommodate the non-resident student;

2.

no increase in the size of faculty or staff will be necessary to accommodate them;

3.

the non-resident student meets the district's criteria for admission; and

4.

the admission of such non-resident student is and continues during the enrollment period to be in the best interests of the district.

Future Residents The children of families who have signed a contract to buy or build a residence in the school district may be enrolled during the semester in which they expect to become residents, without payment of tuition. Transportation Transportation will be provided for non-resident students if and only if existing bus routing is used, and there is sufficient room on the bus. Ref:

Education Law §3202(2)

Adoption date: April 1, 2015

ESMCSD Policy Book

5152.1 ADMISSION OF FOREIGN STUDENTS The Board of Education recognizes the cultural enrichment derived from welcoming nonimmigrant foreign students into the educational program. Thus, the Board encourages the attendance of non-immigrant foreign students in the district's high school. Only non-immigrant foreign students who possess a valid J-1 or F-1 visa to study in the United States will be admitted to the district's high school. The Board retains the sole discretion to deny admission to any student not meeting all the requirements set forth in this policy and regulation. Foreign Exchange Students (J-1 Visa) The Board encourages district participation in a foreign exchange student program. Foreign exchange students will be admitted to the district high school for a one-year academic program. 1.

The district recognizes only those organizations designated as “Exchange Visitor Programs” by the U.S. Department of State, pursuant to federal regulations, as sponsoring organizations for the exchange of students. Any such organization must supply proof of designation prior to recognition.

2.

No foreign exchange students subject to this policy and regulation shall be brought into the district by a foreign exchange student program unless he or she has been accepted in writing as a student by the high school Building Principal or a designee.

3.

Foreign exchange students will be allowed to attend school and will be provided bus transportation to and from school free of charge. When a foreign exchange student is accepted for admission pursuant to this policy and regulation the letter of acceptance shall include a statement that tuition shall be waived for the student.

4.

The district will accept no more than five foreign exchange students per school from any single foreign exchange program.

The Board may terminate the approval of a foreign student program when it would be in the best interests of the district to do so. Foreign Students with F-1 Visas No F-1 students will be admitted into grades K-8. F-1 students may be admitted to the high school for one academic year upon the payment of tuition. The amount of tuition charged shall reflect the full, unsubsidized per capita cost of providing educational services to the student. Immigrant Students All school-aged immigrant children who have abandoned their residence in a foreign country and established residence in the district will be admitted to the district's schools without payment of tuition.

ESMCSD Policy Book

5152.1 Ref:

22 CFR Part 62 (Exchange Visitor Program) §62.25 (Secondary School Students) 8 CFR 214.2(j) (Special Requirements for Admission, Extension and Maintenance of Benefits for Exchange Aliens) Education Law §1709(13) Matter of Jones, 24 EDR 110 (1984)

Adoption date: April 1, 2015

ESMCSD Policy Book

5152.1-R ADMISSION OF FOREIGN STUDENTS REGULATION The High School Building Principal shall review applications for the admission of foreign students according to the guidelines established below. 1.

Students must be between the ages of 15 and 18 years and six months.

2.

The student must have demonstrated in his/her home school a level of scholastic achievement to indicate the possibility of success in the high school.

3.

The student must be proficient in the English language.

4.

The student’s records and credentials, including English translation, indicating all academic institutions attended, courses studied, and grades received in secondary school must be available to school officials no less than three weeks prior to the departure from the student’s home or by June 15 for admission the following September.

5.

The student must be in good health and an immunization record must be provided.

6.

The student or the sponsoring organization must provide verification of health and accident insurance with a minimum limit of $50,000.

7.

The student must enroll for a full course of study, on a full-time basis.

8.

The student must agree to conform to established standards of acceptable behavior and conform to the rules and regulations of the high school.

All applications will be reviewed by the international student advisor, appropriate counselor, and the High School Building Principal. After the review, a recommendation for the approval or rejection of the application will be submitted to the Superintendent. The district reserves the right to deny admission to any student not meeting all the requirements set forth in this policy and regulation. Payment of Tuition Any letter of acceptance furnished to a foreign exchange program on behalf of a foreign student with a J-1 visa will state that tuition will be waived, unless the Board determines otherwise. If Board opts to charge tuition, the letter of acceptance will state the cost of tuition and the terms of payment. F-1 students will pay tuition for the amount of the full, unsubsidized per capita cost to the district of providing education to the student. Any letter of acceptance furnished to a foreign student with an F-1 visa must state the cost of tuition and the terms of payment.

ESMCSD Policy Book

5152.1-R Extracurricular Activities The Board permits foreign students to participate in all district extracurricular activities, provided they meet the district’s eligibility requirements and follow the district’s behavioral and academic rules. Foreign students wishing to participate in interscholastic athletics must also: 1.

(for students with J-1 visas) be sponsored by an organization both approved by the U.S. Department of State and accepted by the Council on Standards for International Educational Travel (CSIET); and

2.

comply with all State Education Department and New York State Public High School Athletic Association (NYSPHSAA) rules and standards.

Registration; Graduation 1.

The non-immigrant student must present himself/herself for registration prior to the first day of classes for the current semester.

2.

At the time of registration the non-immigrant student will be provided a form, to be signed by him/her, the host family, and, in the case of a foreign exchange student, a representative of the sponsoring organization, indicating compliance with the conditions as stated in this policy.

3.

The non-immigrant student will be granted a certificate upon completion of an approved course of study and will be allowed to participate in commencement exercises, as appropriate.

Termination of Progress A student’s participation may be terminated at any time by school officials for failure to abide by established guidelines, including: 1. 2. 3. 4.

failure of two or more courses of study without sufficient effort; failure to conform to established rules and regulations; failure to conform to the regulations established by the sponsoring organization; and/or excessive absences.

Suspension of Sponsoring Organization Should the guarantee or documentation provided by a sponsoring organization prove invalid, further acceptance of foreign exchange students from that organization will be dependent upon proof of compliance with district policy and regulation. Adoption date: April 1, 2015

ESMCSD Policy Book

5162 STUDENT DISMISSAL PRECAUTIONS Except as provided below, 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. In the event of an emergency the principal may release a student to an individual not appearing on the approved list only if the parent/guardian has been contacted by the principal and has approved the release, and the principal determines that an emergency exists. 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: September 3, 2008

ESMCSD Policy Book

5162-R STUDENT DISMISSAL PRECAUTIONS REGULATION The Superintendent of Schools or his/her designee shall maintain a list of individuals who are authorized to obtain the release of students in attendance at the school. Except as provided in Policy 5162, no student may be released to the custody of any individual not the parent or guardian of the student, unless the individual's name appears upon the list. Parents or guardians may submit a list of individuals authorized to obtain the release of their children from school at the time of the child's enrollment. The signature of the parent or guardian must be on or attached to such list. A parent or guardian may amend a list submitted pursuant to this regulation at any time, in writing. Certified copies of any court orders or divorce decrees provided by the custodial parent, which restrict a parent's ability to seek the release of their child, shall be maintained by the Superintendent. If any individual seeks the release from school of a student he or she must report to the school office and present identification deemed satisfactory by the Superintendent or his/her designee, who must check the authorized list and relevant court orders or divorce decrees before a student may be released. Particular caution should be exercised when the person seeking the release of a child exhibits to the school official an out-of-state custody order. Early excusals for emergency reasons should be requested in writing by a parent/guardian. Medical releases are handled through the Nurse's Office. All other reasons for release must go through the Main Office, and students must be picked up in the Main Office. The person seeking the release must sign the register in the office. In the event of an emergency, the principal may release a student to an individual not appearing on the approved list only if the parent or guardian has been contacted by the principal and has approved the release, and the principal determines that an emergency exists. Adoption date: September 3, 2008

ESMCSD Policy Book

5180 STAFF-STUDENT RELATIONS (FRATERNIZATION) The Board of Education requires that all School District employees maintain a professional, ethical relationship with District students that is conducive to an effective, safe learning environment; and that staff members act as role models for students at all times, whether on or off school property and both during and outside of school hours. Staff must establish appropriate personal boundaries with students and not engage in any behavior that could reasonably lead to even the appearance of impropriety. Staff members are prohibited, under any circumstances, to date or engage in any improper fraternization or undue familiarity with students, regardless of the student's age and/or regardless of whether the student may have "consented" to such conduct. Further, employees shall not entertain students or socialize with students in such a manner as to create the perception that a dating relationship exists. Similarly, any action or comment by a staff member which invites romantic or sexual involvement with a student is considered highly unethical, in violation of District policy, and may result in the notification of law enforcement officials and the filing of criminal charges and/or disciplinary action by the District up to and including termination of employment. Inappropriate employee behavior includes, but is not limited to, flirting; making suggestive comments; dating; requests for sexual activity; physical displays of affection; giving inappropriate personal gifts; frequent personal communication with a student unrelated to course work or official school matters; providing alcohol or drugs to students; inappropriate touching, including, but not limited to, hugging or kissing a student, or grabbing, squeezing, pinching, or rubbing the person of a student or making any contact whatsoever with the intimate or sexual parts, as defined by law, of a student’s body; and engaging in sexual contact and/or sexual relations. ("Frequent personal communication with a student unrelated to course work or official school matters" includes any mode or forum in which personal communication may occur including, but not limited to, voice or text-based communication via phone, e-mail, instant messaging, text messaging or through social networking Web sites.) Even if the student participated "willingly" in the activity (regardless of the student's age), inappropriate fraternization of staff with students is against District policy and may be in violation of professional standards of conduct and New York State Law. However, inappropriate employee conduct does not need to rise to the level of criminal activity for such conduct to be in violation of District rules and subject the staff member to appropriate disciplinary sanctions. Any student who believes that he/she has been subjected to inappropriate staff behavior as enumerated in this policy, as well as students, school employees or third parties who have knowledge of or witness any possible occurrence of inappropriate staff-student relations, shall report the incident to any staff member or either the employee's supervisor, the student's Principal or the District's designated Title IX Officer. In all events such reports shall be forwarded to the designated Title IX Officer for further investigation. Anonymous complaints of inappropriate fraternization of staff members with students shall also be investigated by the District. Investigations of allegations of inappropriate staff-student relations shall follow the procedures utilized for complaints of harassment within the School District. Allegations of inappropriate staff-student behavior shall be promptly investigated and will be treated as

ESMCSD Policy Book

5180 confidential and private to the extent possible within legal constraints. Any employee having knowledge of or reasonable suspicion that another employee may have engaged in inappropriate conduct with a student that may constitute child abuse (specifically, child abuse in an educational setting) must also follow the District's reporting procedures for such allegations; and such information will be reported by the designated administrator as required by state law to law enforcement officials, the State Education Department and/or Child Protective Services as may be applicable. If a student initiates inappropriate behavior toward a staff member, that employee shall document the incident and report it to his/her Building Principal or Supervisor. The District shall promptly investigate all complaints of inappropriate staff-student relations, and take prompt corrective action to stop such conduct if it occurs. Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection) The Board of Education prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of inappropriate staff-student relations. Follow-up inquiries and/or appropriate monitoring shall be made to ensure that the alleged conduct has not resumed and that all those involved in the investigation have not suffered retaliation. Any act of retaliation is subject to appropriate disciplinary action by the District. District Responsibility/Training The Principal of each school and/or program supervisor shall be responsible for informing students, staff and volunteers of the requirements of this policy, including the duty to report and the procedures established for investigation and resolution of complaints. Further, staff training shall be provided to facilitate staff identification of possible behavior that may constitute inappropriate staff-student relationships. Students shall be provided such training in an age appropriate manner. The District's policy (or a summary thereof) shall be disseminated as appropriate to staff, students and parents. Further, this topic shall be addressed in the District Code of Conduct. Disciplinary Sanctions Any staff member who engages in inappropriate conduct with a student, prohibited by the terms of this policy, shall be subject to appropriate disciplinary measures up to and including termination of employment in accordance with legal guidelines, District policy and regulation, and the applicable collective bargaining agreement. Engaging in inappropriate conduct with a student may also subject the employee to criminal and/or civil sanctions as well as disciplinary action by the State Education Department.

ESMCSD Policy Book

5180 Ref: Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq. Education Law Article 23-B Social Services Law Sections 411-428 8 New York Code of Rules and Regulations (NYCRR) Part 83 Adopted: January 29, 2014

ESMCSD Policy Book

5205 EXTRACURRICULAR ACTIVITES AND ELIGIBILITY In the Eastport South Manor School District, student success is the first and foremost priority. The extracurricular and co-curricular activity programs are valuable extensions of the academic (regular school day) program. The Board of Education recognizes that a great deal of learning takes place outside of the formal classroom. The prime objective of any academic institution is to help students grow and develop into mature, responsible young adults, who are solid citizens. The Board encourages students to participate and become involved in extracurricular activities to develop his/her own interests and to work cooperatively in groups. Through the sponsorship of a variety of extracurricular and co-curricular activities it is our hope that students will demonstrate a sense of purpose and develop more fully as young adults. Criteria for Programs Recognizing that student activities are part of the school program, the Board has established the following criteria, which all student activity programs must meet: a)

Student activities must have educational value for students;

b)

Student activities must be in balance with other curricular offerings in the schools; and

c)

Student activities must be managed in a professional manner.

Participation Participation in extracurricular activities is a privilege earned by students who are in good academic standing, demonstrate good school citizenship, and maintain acceptable levels of attendance. Students having difficulty in their course work are expected to seek additional assistance and examine their level of participation in extracurricular activities. Our expectation is that students will be able to maintain their eligibility and complete the athletic season and/or activity as scheduled. This policy will apply to students involved in all extracurricular and co-curricular activities including, but not limited to; interscholastic athletics, school-sponsored functions/activities, drama/music productions, clubs, student government, intramurals, etc. Eligibility A student who is under disciplinary action as prescribed or approved by the principal and/or superintendent, has failed to pass or progress as required each marking period, or does not meet attendance requirements shall be ineligible for participation in all extracurricular and after school co-curricular activities in the next marking period. A student who has failed to pass or progress as required for the year shall be ineligible for participation in all extracurricular and certain cocurricular activities for the first marking period of the next school year.

ESMCSD Policy Book

5205 In order to participate in all extracurricular and certain co-curricular activities a student must: 1.

Not be failing or progressing unsatisfactorily in two or more credit-bearing or non-credit bearing courses at the end of a marking period or year.

2.

Not be under disciplinary action prescribed or approved by the principal and/or superintendent.

3.

Meet attendance requirements

Academic Requirements A student’s status, academically, will be determined after the review of the latest report period. The student will be placed on academic probation when the student has failed two subjects (all subjects included). At this time the student will be required to sign a “Contract for Academic Probation” along with his/her parents, and the appropriate administrator(s). While on academic probation the student may continue to participate in extracurricular and co-curricular activities provided that they attend extra help sessions, in these courses, at least once a week until the next report period at which time the student will be re-evaluated. If student fails to attend extra help sessions, he/she shall become immediately ineligible for the remainder of the report period. If, upon re-evaluation, the student continues to fail or progresses unsatisfactorily in two or more courses, he/she will become immediately ineligible for the remainder of the marking period. This five week probationary period is only available to the student once per school year. An incomplete shall count as a failure until cleared. The student will have two weeks to clear an incomplete. If the student fails three or more subjects (all subjects included), the student becomes immediately ineligible for participation for the entire season/activity. A student who has become ineligible for scholastic reasons may regain eligibility after five full weeks of a new marking period by passing or progressing satisfactorily as set forth in the foregoing. Students who become academically ineligible may be permitted to attend meetings or practice with the team/club/activity, but not to take part in any games, contests, matches, trips, recitals, performances, etc. For the purposes of this policy a student’s final year average for the class, not the fourth quarter average will determine eligibility for the following fall. A student passing the required number of courses in summer school will result in reinstatement of eligibility privileges for the following fall. The principal shall be responsible to establish procedures whereby this policy is carried into effect. He/she shall provide for reporting and record keeping whereby assurance of compliance can be established.

ESMCSD Policy Book

5205 Citizenship Requirements A five week probationary period will be imposed the following season/activity for inappropriate behavior occurring outside the regular season or time for the activity that results in any of the following disciplinary actions: 1.

Office Detention

2.

In school Supervision

3.

Out of school suspension

Therefore, students’ actions will impact their future participation. Incidents that happen during practices/games/plays/field trips/rehearsals etc. shall be brought to the school administration’s attention. This shall be done within 24 hours, accompanied by a written referral. Individuals who behave inappropriately in extracurricular activities will be treated in accordance with the school’s discipline policy, not by the individual coach or advisor. Any of the above disciplinary actions will result in some form of ineligibility, and that is defined as non-participation on any level (practice, game, management, rehearsal, trip, performance, school-sponsored function, etc.) as follows: 1.

Office Detention: Ineligibility for that day

2.

ISS (in school supervision): Ineligibility for 2 (two) school days (attendance in ISS is considered one day).

3.

OSS (out of school suspension): Upon return from OSS, the ineligibility time period will be equal to, but not include the period of suspension. (5 day OSS = 5 day suspension plus 5 day ineligibility upon return to school).

4.

Two OSS or three ISS during season/activity: Removal from activity.

5.

Three OSS or five ISS: Removal from activities for an entire year Winter).

(ie. Winter to

Attendance Requirements On a regular school day, all students must be signed into school by the end of homeroom. Unless excused, students will not be able to participate in after school activities, including, but not limited to, dances, field trips, and/or any team practices or contests on that day unless waived by the principal. If an unauthorized absence occurs on the last school day of the week, the student shall be ineligible until the next school day.

ESMCSD Policy Book

5205 Appeals In the event that a student believes that there are extenuating circumstances regarding his/her eligibility, there shall be an opportunity for appeal. The appeals committee will be comprised of teacher volunteers, guidance counselors, and administrative personnel. A student appealing must do so in writing to the appeals committee within one week of notification of ineligibility indicating reasons for reinstatement. During the appeals process, the student will remain ineligible until, and if, their eligibility has been restored. Cross-ref:

5210, Student Organizations

Adoption date: March 28, 2007

ESMCSD Policy Book

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 offcampus 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 noncurricula-related student activities, regardless of religious or political content, shall have the same opportunities as any other such activity to operate on school grounds. To provide a “fair opportunity” to students who wish to conduct a meeting, the Board, in accordance with the provisions of the Equal Access Act, shall ensure that: a)

The meeting is voluntary and student-initiated;

b)

There is no sponsorship of the meeting by the school, or its agents or employees;

c)

Employees or agents of the school are present at religious meetings only in a non participatory capacity;

d)

The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

e)

Non-school persons may not direct, conduct, control or regularly attend activities of student groups.

Therefore, the granting of access to a particular group shall not be considered to be an endorsement by the district or its personnel of any group or its philosophy or beliefs. 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)

ESMCSD Policy Book

5210 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) Adoption date: September 3, 2008

ESMCSD Policy Book

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.

Distribution of Literature Students have a right to distribute literature on school grounds and in school buildings provided such distribution does not interfere with or disrupt the educational process. No literature may be distributed unless a copy is submitted in advance to the Superintendent of Schools.

ESMCSD Policy Book

5220 The Superintendent shall establish guidelines in keeping with the above. 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. DesMoines 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: September 3, 2008

ESMCSD Policy Book

5280 CONCUSSION MANAGEMENT POLICY The Board of Education of the Eastport South Manor Central School District recognizes that mild traumatic brain injuries (commonly referred to as “concussions”) and head injuries are the most commonly reported injuries in children and adolescents who participate in sports and recreational activity. Therefore, the District adopts the following policy and guidelines to assist in the proper evaluation and management of head injuries, including concussions. Any student demonstrating signs, symptoms or behaviors consistent with a concussion while participating in a school-sponsored class, extracurricular activity, or interscholastic athletic activity shall be removed from the game or activity and evaluated as soon as possible by an appropriate health care professional. In the event that there is any doubt as to whether the student has sustained a concussion, it shall be presumed that the student has been so injured until proven otherwise. The District should notify the student’s parents or guardians and recommend appropriate monitoring to parents or guardians. The student should not return to school until released by an appropriate health care professional. The student shall not return athletic activity until the student has been symptom-free for at least twenty-four (24) hours and has been evaluated by and received written and signed authorization from a licensed physician and, in the case of extra-class athletic activities, has received clearance from the District’s medical director to participate in such activity. The District’s medical director will make the final decision on return to activity, including physical education class and extra-class athletic activities. Any student who continues to have signs or symptoms upon return to activity must be removed from play and reevaluated by their health care provider, as well as reevaluated by the District’s medical director. All school coaches (including teachers with coaching qualifications and experience, those with temporary coaching licenses or professional coaching certificates), physical education teachers, nurses and certified athletic trainers who work with and/or provide instruction to students engaged in school-sponsored activities must complete, on a biennial basis, a course of instruction relating to recognizing the symptoms of concussions and monitoring and seeking proper medical treatment for students who suffer concussions. The course of instruction will include, but not be limited to: the definition of a mild traumatic brain injury or “concussion”; signs and symptoms of concussions; how such injuries may occur; preventative practices; the guidelines for return to school and school activities after a student has suffered a concussion regardless of whether the injury occurred outside of school. The District will include on its website information related to concussions, including the definition of a mild traumatic brain injury or “concussion”; signs and symptoms of concussions; how such injuries may occur; preventative practices; the guidelines for return to school and school activities after a student has suffered a concussion regardless of whether the injury occurred outside of school. Such information will also be included in any permission form or parental consent form which may be required for a student’s participation in interscholastic athletics.

ESMCSD Policy Book

5280 Concussion Guidelines and Procedures 1. Education Concussion education should be provided for all administrators, physical education teachers, coaches, school nurses, athletic trainers and guidance counselors. Education of parents should be accomplished through preseason meetings for sports and/ or information sheets provided to parents. Education should include, but not be limited to the definition of concussion, signs and symptoms of concussion, how concussions may occur, why concussions are not detected with CT Scans or MRI’s, management of the injury and the protocol for return to school and return to activity or interscholastic athletics. The protocols will cover all students returning to school after suffering a concussion regardless if the accident occurred outside of school or while participating in a school activity. 2. Concussion Management Team The District will assemble a Concussion Management Team (CMT). The CMT will consist of the school physician, Athletic Director and school nurse. The District’s CMT should coordinate training for all administrators, physical education teachers, coaches and parents. Training should be mandatory for all coaches, assistant coaches and volunteer coaches that work with these student athletes regularly. In addition, information related to concussions should also be included at parent meetings or in information provided to parents at the beginning of sports seasons. Parents need to be aware of the school district’s policy and how these injuries will ultimately be managed by school officials. Training should include: signs and symptoms of concussions, post concussion and second impact syndromes, return to play and school protocols, and available area resources for concussion management and treatment. Particular emphasis should be placed on the fact that no athlete will be allowed to return to play the day of injury and also that all athletes should obtain appropriate medical clearance prior to returning to play or school. The CMT will act as a liaison for any student returning to school and/or play following a concussion. The CMT will review and/or design an appropriate plan for the student while the student is recovering. *School district CMT’s can utilize the NYSPHSAA website as well as www.keepyourheadinthegame.org for information related to the signs and symptoms of concussions and the appropriate return to play protocols. A handout describing the Concussion Management teams is also available on the NYSPHSAA website. A Concussion Management Check List that has been approved and recommended by NYSPHSAA is available on this site.

ESMCSD Policy Book

5280 Concussion Management Protocol 1. Neurocognitive Testing Neurocognitive testing is a specialized evaluation that is primarily concerned with learning in relationship to brain function. Neurocognitive testing consists of assessing verbal skills, visual abilities, processing speed, attention, executive functions, verbal and visual memory and reaction time. Neurocognitive testing is one of the initial steps in the assessment of concussion and in assessing cognitive strengths and weaknesses. In the majority of cases, neurocognitive testing is used to assist RTP (return to play) decisions and is not done until the athlete is symptom free. However, there may be persons (e.g., child and adolescent athletes) in whom testing is performed early on after the concussion while the athlete is still symptomatic to assist in determining the proper course of management. However, neurocognitive testing should not be the sole basis of management decisions for the concussed athlete. Although in most cases cognitive recovery largely overlaps with the time course of symptom recovery, it has been demonstrated that cognitive recovery may occasionally precede or more commonly follow clinical symptom resolution suggesting that the assessment of cognitive function should be an important component in any RTP protocol. Consequently, once cognitive functions have been assessed, appropriate rehabilitation methods to restore or compensate for any impaired functions can be implemented and informed decisions can be made and RTP protocols can be initiated. NOTE: For the purpose of baseline comparisons, the District will coordinate neurocognitive testing for all grade 9-12 students registering for a contact sport. 2. Return to Play Return to play following a concussion involves a stepwise progression once the individual is symptom free. There are many risks to premature return to play including: a greater risk for a second concussion because of a lower concussion threshold, second impact syndrome (abnormal brain blood flow that can result in death), exacerbation of any current symptoms, and possibly increased risk for additional injury due to alteration in balance. These NYSPHAA current Returns to Play recommendations are based on the most recent international expert opinion.* No student athlete should return to play while symptomatic. Students are prohibited from returning to play the day the concussion is sustained. If there is any doubt as to whether a student has sustained a concussion, it should be treated as a concussion. Once the student athlete is symptom free at rest for 24 hours and has a signed release by the treating clinician, she/he may begin the return to play progression below (provided there are no other mitigating circumstances).     

ESMCSD Policy Book

Day 1: Light aerobic activity Day 2: Sport-specific activity Day 3: Non-contact training drills Day 4: Full contact practice Day 5: Return to play

5280 Each step should take 24 hours so that an athlete would take approximately one week to proceed through the full rehabilitation protocol once they are asymptomatic at rest and with provocative exercise. If any post concussion symptoms occur while in the stepwise program, then the student should drop back to the previous asymptomatic level and try to progress again after a further 24 hour period of rest has passed. Adoption Date:

ESMCSD Policy Book

August 22, 2012

5300

Eastport-South Manor Central School District CODE OF CONDUCT INTRODUCTION The Board of Education is committed to providing a safe and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other district personnel, parents and other visitors is essential to achieving this goal. The district has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity. The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, identify the possible consequences of unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and fairly. To this end, the Board adopts this Code of Conduct. Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property or attending a school function.

ESMCSD Policy Book

5300.05

DEFINITIONS For purposes of this code, the following definitions apply: “Alcohol” means any alcoholic beverage and/or product containing ethanol. “Board” refers to the Eastport-South Manor Central School District Board of Education unless otherwise specified. “Bullying” to force one’s way aggressively or by intimidation; systematically and chronically inflicting physical hurt and/or psychological distress on one or more people. “Controlled substance” means a drug or other substance identified in certain provisions of the Federal Controlled Substance Act specified in both federal and state law and regulations applicable to this policy. “Disruptive student” means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. “Gender” means actual or perceived sex and shall include a person’s gender identity or expression. “Gender expression” is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms. “Gender identity” is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth. “Illegal drugs” means controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law. “Parent” means parent, guardian or person in parental relation to a student. “School function” means any school-sponsored extra-curricular event or activity. “School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law § 142. “Sexual orientation” means actual or perceived heterosexuality, homosexuality or bisexuality. “Smoking” means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance, intended for inhalation, including e-cigarettes.

ESMCSD Policy Book

5300.05 “Suspend” means to remove temporarily from a school privilege, classroom instruction and activities and/or functions. “Tobacco” includes chewing tobacco, snuff, and/or any other similar substance. “Violent student” means a student under the age of 21 who: 1.

commits an act of violence upon a school employee, or attempts to do so, or threatens violence

2.

commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so, or threatens violence

3.

possesses, while on school property or at a school function, a weapon

4.

displays, while on school property or at a school function, what appears to be a weapon

5.

threatens, while on school property or at a school function, to use a weapon

6.

knowingly and intentionally damages or destroys school personal property of any school employee or any person lawfully on school property or at a school function

7.

knowingly and intentionally damages or destroys school district property

“Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. For the purposes of this policy, it also means any other gun, BB gun, pistol, revolver, shotgun, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutters, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, laser pointer, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death or any other objects defined under New York State penal code. Ref: Education Law §§2801; 3214 18 USC §921 Adoption date: May 16, 2012

ESMCSD Policy Book

5300.10

STUDENT RIGHTS AND RESPONSIBILITIES A.

Student Rights

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

B.

1.

Take part in all district activities on an equal basis regardless of race, weight, color, creed, national origin, ethnic group, religion, religious practice, gender or sexual orientation or disability.

2.

Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.

3.

Access school policies, regulations and rules and, when necessary, receive an explanation of those rules from school personnel.

Student Responsibilities

All district students have the responsibility to: 1.

Contribute to maintaining a safe, supportive and orderly school environment that is conducive to learning and to show respect to other persons and to property.

2.

Be familiar with and abide by district policies, rules and regulations dealing with student conduct.

3.

Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.

4.

Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.

5.

React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.

6.

Work to develop mechanisms to manage their anger.

7.

Ask questions when they do not understand.

8.

Seek help in solving problems.

ESMCSD Policy Book

5300.10 9.

Dress appropriately for school and school functions.

10.

Accept responsibility for their actions.

11.

Conduct themselves as representatives of the district when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.

Adoption date: May 16, 2012

ESMCSD Policy Book

5300.15

ESSENTIAL PARTNERS Essential Partners are parents, teachers, student support services personnel and other school staff, principals, Superintendent and other administrators, and the Board of Education who, in their roles, help to maintain safe and orderly schools. A.

Parents All parents are expected to:

B.

1.

Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community and collaborate with the district to optimize their child’s educational opportunities.

2.

Send their children to school ready to participate and learn.

3.

Ensure their children attend school regularly and on time.

4.

Ensure absences are excused.

5.

Ensure their children are dressed and groomed in a manner consistent with the student dress code.

6.

Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.

7.

Know school rules and help their children understand them so that their children can help create a safe, supportive school environment.

8.

Convey to their children a supportive attitude toward education and the district.

9.

Build positive, constructive relationships with teachers, other parents and their children's friends.

10.

Help their children deal effectively with peer pressure.

11.

Inform school officials of changes in the home situation that may affect student conduct or performance.

12.

Provide a place for study and ensure homework assignments are completed.

Teachers All district teachers are expected to: 1.

ESMCSD Policy Book

Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion,

5300.15 religious practice, disability, sexual orientation, gender or sex, which will strengthen students' self-concept and promote confidence to learn. 2.

Be prepared to teach.

3.

Demonstrate interest in teaching and concern for student achievement.

4.

Know school policies and rules, and enforce them in a fair and consistent manner.

5.

Maintain confidentiality in conformity with federal and state law.

6.

Communicate to students and parents: a. b. c. d. e.

C.

Course objectives and requirements Marking/grading procedures Assignment deadlines Expectations for students Classroom discipline plan.

7.

Communicate regularly with students, parents and other teachers concerning growth and achievement.

8.

Participate in school-wide efforts to provide adequate supervision in all school spaces, in conformity with the Taylor Law.

9.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.

10.

Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

Guidance Counselors 1.

Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

2.

Assist students in coping with peer pressure and emerging personal, social and emotional problems.

3.

Initiate teacher/student/counselor conferences and parent/teacher/student/ counselor conferences, as necessary, as a way to resolve problems.

4.

Regularly review with students their educational progress and career plans.

5.

Maintain confidentiality in accordance with federal and state law.

ESMCSD Policy Book

5300.15

D.

E.

6.

Provide information to assist students with career planning.

7.

Encourage students to benefit from the curriculum and extracurricular programs.

8.

Make known to students and families the resources in the community that are available to meet their needs.

9.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

10.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

11.

Address personal biases that may prevent equal treatment of all students.

Other School Personnel 1.

Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

2.

Maintain confidentiality in accordance with federal and state law.

3.

Be familiar with the code of conduct.

4.

Help children understand the district’s expectations for maintaining a safe, orderly environment.

5.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

6.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

7.

Address personal biases that may prevent equal treatment of all students.

Principals/Administrators 1.

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

2.

Ensure that students and staff have the opportunity to communicate regularly with the principal/administrators and have access to the principal/administrators for redress of grievances.

ESMCSD Policy Book

5300.15

F.

3.

Maintain confidentiality in accordance with federal and state law.

4.

Evaluate on a regular basis all instructional programs to ensure infusion of civility education in the curriculum.

5.

Support the development of and student participation in appropriate extracurricular activities.

6.

Provide support in the development of the code of conduct, when called upon. Disseminate the code of conduct and anti-harassment policies.

7.

Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.

8.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

9.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

10.

Address personal biases that may prevent equal treatment of all students and staff.

The Bullying Prevention Coordinator 1.

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

2.

Oversee and coordinate the work of the district-wide and building-level bullying prevention committees.

3.

Identify curricular resources that support infusing civility in classroom instruction and classroom management; and provide guidance to staff as to how to access and implement those resources.

4.

Coordinate, with the Professional Development Committee, training in support of the bullying prevention committee.

5.

Be responsible for monitoring and reporting on the effectiveness of the district’s bullying prevention policy.

6.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

ESMCSD Policy Book

5300.15 7. G.

H.

Address personal biases that may prevent equal treatment of all students and staff.

Superintendent 1.

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

2.

Inform the Board about educational trends relating to student discipline

3.

Review with district administrators the policies of the Board of education and state and federal laws relating to school operations and management.

4.

Maintain confidentiality in accordance with federal and state law.

5.

Work to create instructional programs that minimize incidence of misconduct and are sensitive to student and teacher needs.

6.

Work with district administrators in enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.

7.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

8.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

9.

Address personal biases that may prevent equal treatment of all students and staff.

Board of Education 1.

Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

2.

Maintain confidentiality in accordance with federal and state law.

3.

Develop and recommend a budget that provides programs and activities that support achievement of the goals of the code of conduct.

4.

Collaborate with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school functions.

ESMCSD Policy Book

5300.15 5.

Adopt and review at least annually the district's code of conduct to evaluate the code's effectiveness and the fairness and consistency of its implementation.

6.

Lead by example by conducting Board meetings in a professional, respectful, courteous manner.

7.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

8.

Address personal biases that may prevent equal treatment of all students and staff.

Adoption date: June 6, 2012

ESMCSD Policy Book

5300.20

STUDENT DRESS CODE The responsibility for student dress and general appearance rests with individual students and parents. However, the Board of Education requires students to attend school in appropriate dress that meets health and safety standards and does not interfere with the learning process. The Board also requires students to wear appropriate protective gear in certain classes (e.g. home economics, shop, science labs, Physical Education). The Superintendent of Schools and other designated administrative personnel shall have the authority to require a student to change his/her attire should it be deemed inappropriate according to the above guidelines. All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Teachers and other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting. A student’s dress, grooming and appearance, including hair style/color, jewelry, makeup, and nails, shall: 1.

be safe, appropriate and not disrupt or interfere with the educational process

2.

recognize that certain garments, as identified by school administrators on a caseby-case basis, are not appropriate

3.

include footwear at all times. Footwear that is a safety hazard will not be allowed

4.

not include the wearing of head coverings in the classroom except for a medical or religious purpose

5.

not include items that are vulgar, obscene, libelous, or denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability

6.

not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities

Each building principal or his/her designee shall be responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year. If a teacher believes that a student’s dress is inappropriate, he/she will contact a building administrator to seek a determination as to appropriateness of the clothing.

ESMCSD Policy Book

5300.20 Students who violate the student dress code shall be required to modify their appearance by covering or removing the offending item, and if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out of school suspension. Ref: Education Law §2801 Appeal of Pintka, 33 EDR 228 Tinker v. Des Moines Independent School District, 393 US 503(1969) Appeal of Parsons, 38 EDR 297 (1998)

ESMCSD Policy Book

5300.25

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: A.

Engage in conduct that is disorderly. Examples of disorderly conduct include, but are not limited to: 1.

Running in hallways.

2.

Making unreasonable noise.

3.

Using language or gestures that are profane, lewd, vulgar or abusive.

4.

Obstructing vehicular or pedestrian traffic.

5.

Engaging in any willful act which disrupts the normal operation of the school community.

6.

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.

7.

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.

ESMCSD Policy Book

5300.25 B.

C.

D.

Engage in conduct that is insubordinate. Examples of insubordinate conduct include, but are not limited to: 1.

Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.

2.

Lateness for, missing or leaving school without permission.

3.

Skipping detention.

Engage in conduct that is disruptive. Examples of disruptive conduct include, but are not limited to: 1.

Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

2.

Inappropriate public sexual contact.

3.

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: 1.

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.

2.

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.

3.

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.

4.

Displaying what appears to be a weapon.

5.

Threatening to use any weapon.

6.

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.

7.

Intentionally damaging or destroying school district property.

ESMCSD Policy Book

5300.25 E.

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: 1.

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.

2.

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.

3.

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.

4.

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.

5.

Harassment, which includes a sufficiently severe action or persistent pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be, or which a reasonable person would perceive as ridiculing or demeaning. Harassment is also the creation of a hostile environment. (See policy, 0115, Student Harassment and Bullying Prevention and Intervention for a more complete definition.)

6.

Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.

7.

Bullying, which may be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. (See policy 0115 for a more complete definition.)

8.

Hazing, which includes an induction, initiation or membership process involving harassment (see policy 0115 for a more complete definition).

9.

Selling, using, distributing or possessing obscene material.

10.

Using vulgar or abusive language, cursing or swearing.

11.

Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.

ESMCSD Policy Book

5300.25 12.

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.

13.

Inappropriately using or sharing prescription and over-the-counter drugs.

14.

Gambling.

15.

Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.

16.

Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

F.

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.

G.

Engage in any form of academic misconduct. Examples of academic misconduct include, but are not limited to: 1. 2. 3. 4. 5.

H.

Plagiarism. Cheating. Copying. 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 at a school function. Examples of such misconduct include, but are not limited to: 1.

Cyberbullying (i.e., inflicting willful and repeated harm through the use of electronic text).

2.

Threatening or harassing students or school personnel over the phone or other electronic medium.

Adoption date: September 19, 2012

ESMCSD Policy Book

5300.30

REPORTING VIOLATIONS All students are expected to promptly report violations of the Code of Conduct to a teacher, guidance counselor, the building principal or his or her designee. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, security guard, the principal, the principal's designee or the Superintendent of Schools. All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the Code of Conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction. Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction, which may include long term suspension and referral for prosecution. The principal or his/her designee shall notify the appropriate local law enforcement agency of those code violations that constitute a crime pursuant to New York penal law and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or his/he designee learns of the violation. The notification will be made by telephone, or in person, followed by a letter mailed on the same day as the telephone call is made. The notification must identify the student and explain the conduct that violated the Code and constituted a crime. Ref: Education Law §3214 Adopted: February 2, 2011

ESMCSD Policy Book

5300.35

DISCIPLINARY PENALTIES, PROCEDURES AND REFERRALS Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the student’s ability to grow in self-discipline. Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following: 1.

the student’s age

2.

the nature of the offense and the circumstances, which led to the offense

3.

the student’s prior disciplinary record

4.

the effectiveness of other forms of discipline

5.

information from parents, teachers and/or others, as appropriate

6.

other extenuating circumstances

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations. However, in the event a student’s behavior is judged to be a potential health or safety threat to self or others, a more severe penalty may be imposed. If there is an out of school suspension in excess of 5 days for a student with a disability or suspected disability, the student shall be referred to the Committee on Special Education, and discipline if warranted, shall be administered consistent with the separate requirement of this Code of Conduct for disciplining students with a disability. A student identified as having a disability shall not be disciplined for behavior if the manifestation team determines the conduct in question was caused by or had a direct and substantial relationship to the student’s disability or the conduct in question was the direct result of the school district’s failure to implement the IEP. A.

PENALTIES

Students who are found to have violated the district's Code of Conduct may be subject to the following penalties. The school personnel identified after each penalty, in addition to the principal, assistant principals and Superintendent, are authorized to impose that penalty, consistent with the student's right to due process.

ESMCSD Policy Book

5300.35

B.

1.

oral warning - any member of the district staff

2.

written warning - coaches, teachers, teaching assistant, assistant principal, principal

3.

written notification to parents or guardians assistant principal, principal

4.

detention – teachers, assistant principal, principal

5.

suspension from transportation – principal, assistant principal, transportation supervisor/Superintendent or designee

6.

suspension from athletic participation – coaches, principals, assistant principal, Superintendent

7.

suspension from social or extracurricular activities - teacher, club advisor, coach, assistant principal, principal, Superintendent

8.

suspension of other privileges – assistant principal, principal, Superintendent

9.

in-school suspension – assistant principal, principal, Superintendent

10.

removal from classroom – teachers, assistant principal, principal

11.

short-term (five days or less) suspension from school – principal, Superintendent

12.

long-term (more than five days) suspension from school – Superintendent of Schools

– teachers, teaching assistants,

PROCEDURES

The amount of due process a student is entitled to receive before a penalty is imposed depends on the penalty being imposed. In all cases, regardless of the penalty imposed, the school personnel authorized to impose the penalty must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary penalty in connection with the imposition of the penalty. Students who are to be given penalties other than an oral warning, written warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below. 1.

Detention

The Board of Education believes that detention is an effective method of discipline for students. A student who violates the student disciplinary code may be assigned detention by the building

ESMCSD Policy Book

5300.35 principal or his/her designee. In order for a student to be placed on detention, the building principal and the parent or guardian must be notified to discuss the conduct and the penalty involved. 2.

Suspension from Transportation

The Board of Education believes it is crucial for students to behave appropriately while riding on district buses, to ensure their safety, that of other passengers, and the fewest possible distractions for bus drivers. Some students are eligible for district transportation. While the law requires the district to furnish transportation for such students, it does not relieve parent(s) or guardians(s) of the responsibility for supervision until such time as the child boards the bus in the morning and after the child leaves the bus at the end of the school day. Only after a child boards the bus does he/she become the responsibility of the district. Such responsibility shall end when the child is delivered to the regular bus stop at the close of the school day. Since the school bus may be regarded as an extension of the classroom, children are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving, bullying or fighting will not be tolerated. It is important that those waiting for buses conduct themselves properly with respect to the rights and property of others. If a child does not conduct himself/herself properly on a bus, such instances shall be brought to the attention of the principal and/or his/her designee by the bus driver. Children who become a serious disciplinary problem may have their riding privileges suspended by the Superintendent for an amount of time that is proportional to the infractions/inappropriate conduct. In such cases, the parent(s) or guardian(s) of the children involved become responsible for seeing that their children get to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the school district will make appropriate arrangements to provide for the student's education. Any such suspension shall be in accordance with the provisions of the Education Law. A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the principal or the principal's designee to discuss the conduct and the penalty involved. From time to time, general behavior problems occur on buses requiring action of the parent, in addition to the bus driver and the administration. Specifically, reference is made, but not limited to, such offenses as student: 1.

fighting

2.

threatening, harassing or bullying behavior

3.

placing arms and head out of window

4.

throwing objects such as books and papers

5.

smoking/lighting of matches

ESMCSD Policy Book

5300.35 6.

setting off fireworks of any kind

7.

using abusive language

8.

exhibiting gross behavior that interferes with the safe driving of the vehicle, including horseplay and frequently changing of seats

9.

unauthorized blocking of entrance and/or exits

10.

vandalism

11.

insubordination

NOTE: Students may be permitted to take instruments on school buses as long as the instruments are not put in the aisle or block the front entrance or emergency exit. In any of the above situations, the following standing orders will be in effect: 1.

The driver should pull over to the side of the road, stop the bus, and determine which student or students are involved in the problem.

2.

The driver will advise the student or students of the misconduct and apprise those who will be reported to the principal at the conclusion of the run.

3.

The driver will continue with the run; however, if the behavior problem continues and the driver determines that he/she cannot safely operate the vehicle any longer, he/she will return to the school by the nearest direct route with all students aboard. At no time should anyone be allowed to leave the bus.

4.

Upon arrival at the school, the bus driver will have a building administrator summoned to the bus, making certain not to leave the bus until a principal or assistant principal arrives. It should be noted that the driver makes no comment or threat involving suspension or disciplinary action.

5.

The building administrator will escort all the misbehaving students to the office; then the driver will provide, as expeditiously as possible, full documentation of what has occurred. A report form should subsequently be completed and submitted to the transportation supervisor.

6.

The principal should contact the transportation office to arrange for transportation from the school to home or other destination for the apprehended student.

7.

The driver, with remaining students aboard, will continue on the appointed run.

8.

If necessary, drivers will notify the transportation office of stops where students have not been dropped off due to the necessity of returning to the school. It should be noted that returning a bus to school prior to the completion of all

ESMCSD Policy Book

5300.35 stops is a serious matter and is appropriate only when the driver cannot fulfill his/her responsibilities due to disruption on the bus. C.

ADMINISTRATIVE PENALTIES

1.

Suspension from Transportation

Specific and consistent penalties for violation of bus rules and regulations as cited above are to be implemented by building administration. With regard to special education students who receive special transportation and are students who are serviced within self-contained classes, the law requires that special education students cannot be suspended based upon the exhibition of behaviors related to his/her disability. Therefore, a special education student cannot be suspended from bus transportation because his or her disability manifests in behavioral problems. Consequently, where a special education student's disability endangers the welfare of other students and/or himself/herself, the district must provide alternate means of transportation. The building principal will consult with the Director of Special Education to determine if the behaviors warrant disciplinary action or is related to the child's disability. A letter should be written by the building administrator to the parent notifying him/her of appropriate action. 2.

Suspension from Athletic participation, Extra-Curricular Activities and Other Privileges

A student subjected to a suspension from athletic participation, extracurricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the penalty involved. 3.

In-School Suspension

The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the Board authorizes the Superintendent, principals, and assistant principals to place students who would otherwise be suspended from school as the result of a Code of Conduct violation in "in-school suspension." The in-school suspension teacher will be a certified teacher. A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student's parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the inschool suspension to discuss the conduct and the penalty involved.

ESMCSD Policy Book

5300.35 Students may be assigned to in-school suspension for a specified period of time. Students may not attend classes during this time unless a special request is made by a teacher and that request is approved by an administrator.

4.

1.

At the discretion of the principal or his/her designee, a student who would otherwise be subject to a suspension from attendance as the result of a disciplinary infraction may be placed on in-school suspension for a period not to exceed five (5) school days.

2.

Prior to the imposition of an in-school suspension, the principal or his/her designee shall provide the student with an opportunity to explain the facts and circumstances surrounding the alleged infraction leading to the imposition of an in-school suspension.

3.

Upon imposition of an in-school suspension, the student’s parent shall be notified in writing of the dates of the suspension and the reasons thereof. The parent shall be given an opportunity for a conference with the principal or his/her designee.

4.

The student’s teachers will be notified in writing that assignments for the period of suspension should be sent to the suspension room.

5.

The suspended student shall report to the suspension room at the beginning of the next school day following the imposition of a suspension.

6.

The student will remain in the suspension room during the full school day. He/She must be prepared to work the entire day.

7.

The suspension room will retain an atmosphere of quiet, conducive to study with strict rules of behavior.

8.

The suspension teacher will enforce the rules of behavior in the suspension room and will render tutorial assistance where possible. If necessary, the subject teacher will be contacted for assistance.

9.

Completed assignments will be turned in to the suspension teacher.

10.

Failure to conform to these regulations will result in mandated detention, extended in-school suspension or out-of-school suspension.

Teacher Disciplinary Removal of Disruptive Students

A student's behavior can affect a teacher's ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student's behavior and maintain or restore control over the classroom by using good classroom

ESMCSD Policy Book

5300.35 management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term removal in an elementary classroom or in an administrator's office; (2) sending a student to the principal's office for the remainder of the class time only; or (3) sending a student to a guidance counselor or other district staff member for counseling. Timehonored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code. On occasion, a student's behavior may become disruptive. A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only. If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class. If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24-hours. The teacher must complete a district-established disciplinary removal form and meet with the principal or his/her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal or designee(s) is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day. Within 24 hours after the student's removal, the principal or another district administrator designated by the principal must notify the student's parent, in writing, that the student has been removed from class and why. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the principal or the principal's designee to discuss the reasons for the removal. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the student's removal at the last known address for the parent. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents. The principal may require the teacher who ordered the removal to attend the informal conference. If at the informal meeting the student denies the charges, the principal or the principal's designee must explain why the student was removed and give the student and the student's parents a chance to present the student's version of the relevant events. The informal meeting must be held within 48 hours of the student's removal. The timing of the informal meeting may be extended by mutual agreement of the parent and principal. The principal or the principal's designee may overturn the removal of the student from class if the principal finds any one of the following: 

the charges against the student are not supported by substantial evidence



the student's removal is otherwise in violation of law, including the district's Code of Conduct

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5300.35 

the conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed. The principal or his/her designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference, if a conference is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less.

Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until he or she is permitted to return to the classroom. See in-school suspension section of this code and policy #1741, Home Instruction. Each teacher must keep a complete log for all cases of removal of students from his/her class. The principal must keep a log of all removals of students from class. Removal of a student with a disability, under certain circumstances, may constitute a change in the student's placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student's rights under state or federal law or regulation. 5.

Suspension from School

Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others. The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with the Superintendent and the principals. Any staff member may recommend to the Superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or his/her designee for a violation of the Code of Conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension. The Superintendent or principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary. a.

Short term (five days or less) Suspension from School

When the Superintendent or principal (referred to as the "suspending authority") proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. The suspending authority must provide the student with an explanation of the basis for the proposed suspension. The suspending authority must also notify the student's parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is

ESMCSD Policy Book

5300.35 reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents. The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the principal may establish. The notice and opportunity for an informal conference shall take place before the student is suspended unless the student's presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student's presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable. After the conference, the principal shall promptly advise the parents in writing of his or her decision. The principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the Superintendent within five business days, unless they can show extraordinary circumstances preventing them from doing so. The Superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents are not satisfied with the Superintendent's decision, they must file a written appeal to the Board of Education with the District Clerk within 10 business days of the date of the Superintendent's decision, unless they can show extraordinary circumstances preventing them from doing so but in no case later than 30 days after the Superintendent's decision. Only final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision. b.

Long term (more than five days) Suspension from School

When the Superintendent or principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student's parents of their right to a fair hearing. At the hearing the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf. The Superintendent shall personally hear and determine the proceeding or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him or her.

ESMCSD Policy Book

5300.35 A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer shall be advisory only, and the Superintendent may accept all or any part thereof. An appeal of the decision of the Superintendent may be made to the Board of Education that will make its decision based solely upon the record before it. All appeals to the Board must be in writing and submitted to the district clerk within ten (10) business days of the date of the Superintendent's decision, unless the parents can show that extraordinary circumstances prevented them from doing so but in no case later than 30 days after the Superintendent's decision. The Board may adopt in whole or in part the decision of the Superintendent. All appeals to the Board must be in writing and submitted to the District Clerk within thirty (30) days of the date of the Superintendent’s decision, unless the parents can show that extraordinary circumstances precluded them from doing so. Final decisions of the Board may be appealed to the Commissioner of Education within thirty (30) days of the Board’s decision. A permanent suspension is considered a long term suspension. Permanent suspension is reserved for extraordinary circumstances such as where a student's conduct poses a lifethreatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function. c.

Minimum Periods of Suspension 1. Students who bring a weapon to school Any student, other than a student with a disability (see 5300.50), found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The Superintendent has the authority to modify the one-year suspension on a case-by- case basis. In deciding whether to modify the penalty, the Superintendent may consider the following: 1. 2. 3. 4. 5. 6.

ESMCSD Policy Book

the student's age the student's grade in school the student's prior disciplinary record the Superintendent's belief that other forms of discipline may be more effective input from parents, teachers and/or others other extenuating circumstances

5300.35 A student with a disability may be suspended only in accordance with the requirements of state and federal law. 2. Students who commit violent acts other than bringing a weapon to school Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing a weapon onto school property, shall generally be subject to suspension from school for at least two days. If the proposed penalty is a suspension of 5 days or less, the student and the student's parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds a minimum five-day suspension, the student and the student's parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent or principal has the authority to modify the minimum two-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent or principal may consider the same factors considered in modifying a one-year suspension for possessing a weapon. 3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher's authority over the classroom Any student, other than a student with a disability, who is repeatedly substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom, will generally be suspended from school for at least two days. For purposes of this Code of Conduct, "repeatedly is substantially disruptive" means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214 (3-a) and this code on four or more occasions during a semester. If the proposed penalty is a suspension of 5 days or less, the student and the student's parent will be given the same notice and opportunity for an informal conference given to all students subject to a short term suspension. If the proposed penalty exceeds a five-day suspension, the student and the student's parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent or principal has the authority to modify the minimum two-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon. d.

Referrals 1.

ESMCSD Policy Book

Counseling Student support service personnel, under the direction of the administration, shall handle all referrals of students to counseling.

5300.35 2.

PINS Petitions The district may file a PINS (Person In Need of Supervision) Petition in the Family Court’s PINS Diversion Section on any student who demonstrates that he or she requires supervision and treatment regarding the following allegations: For students 18 years of age or younger - “Incorrigible Behavior” a. engaging in an ongoing or continual course of conduct which makes the student ungovernable, or habitually disobedient and beyond the lawful control of the school. Three separate allegations must occur in the six month period preceeding the filing of a PINS petition For students 16 years of age or younger - “Truancy” a. being fully or partially truant for at least ten days and not attending school as required by part one of Article 65 of Education Law

3.

Juvenile Delinquents and Juvenile Offenders The Superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court: a. any student under the age of 16 who is found to have brought a weapon to school, or b. any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law § 1.20 (42). The Superintendent is required to refer students age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.

Cross Ref: 1741, Homebound Instruction Ref: Education Law §§2801; 3214 NYCRR 100.2(1)(2)(ii)(m) Penal Law §§220.00 (140); 221.05; 265 Criminal Procedure Law §§1.20; 1.20(42) Adopted: February 2, 2011

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5300.45

ALTERNATIVE INSTRUCTION When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the district will take immediate steps to provide alternative means of instruction for the student. The Board of Education expects students, administrators, teachers and parents to make every effort to maintain student academic progress in the event of removal or suspension, and support student re-entry to the classroom at the conclusion of the disciplinary action. Cross-ref:

4327, Homebound Instruction

Adoption date: January 14, 2015

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5300.50

DISCIPLINE OF STUDENTS WITH DISABILITIES The Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities are entitled to certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations. This Code of Conduct affords students with disabilities subject to disciplinary action no greater or lesser rights that those expressly afforded by applicable federal and state law and regulations. Definitions For purposes of this portion of the Code of Conduct, and consistent with applicable law and regulations, the following definitions will apply: Behavior Intervention Plan (BIP): a plan that is based on the results of a functional behavioral assessment and that, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs, and intervention strategies that include positive behavioral supports and services to address the behavior. Controlled substance: : “Controlled substance means a drug or other substance identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. section 812[c]) (United States Code, 1994 edition, volume 11; Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402-9328: 1995 - available at the Office of Vocational and Educational Services for Individuals with Disabilities, Room 1624, One Commerce Plaza, Albany, NY 12234). Disciplinary change in placement: a suspension or removal from a student’s current educational placement that is either: (1) for more than 10 consecutive school days; or (2) for a period of 10 consecutive days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year; because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; and because of such additional factors as the length of each suspension or removal, the total amount of time the student has been removed and the proximity of the suspensions or removals to one another. The school district determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.

ESMCSD Policy Book

5300.50 Illegal drugs: Illegal drug means a controlled substance, but does not include a controlled substance legally possessed or used under the supervision of a licensed health-care professional or a substance that is otherwise legally possessed or used under the authority of the Controlled Substances Act or under any other provision of Federal law. Interim alternative education setting (IAES): Interim alternative educational setting or IAES a temporary educational placement, other than the student's current placement at the time the behavior precipitating the IAES placement occurred. A student who is placed in an IAES shall: (1) continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP; and (2) receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. Manifestation review: a review of the relationship between the student’s disability and the behavior subject to disciplinary action required when the disciplinary action results in a disciplinary change of placement, and conducted in accordance with requirements set forth later in this policy. Manifestation team: a district representative knowledgeable about the student and the interpretation of information about child behavior, the parent, and relevant members of the committee on special education as determined by the parent and the district. Removal: (1) a removal of a student with a disability for disciplinary reasons from that student's current educational placement, other than a suspension as defined in subdivision (r) of this section; and (2) the change in placement of a student with a disability to an IAES by an impartial hearing officer pursuant to section 201.8 of this Part. Such term shall also include the change of placement of a student with a disability to an IAES pursuant to section 201.7(e) of this Part made in conjunction with a suspension. School day: any day, including a partial day that students are in attendance at school for instructional purposes. Serious bodily injury: bodily injury, which involves a substantial risk of death, extreme physical pain, protracted obvious disfigurement or the protracted loss or impairment of the function of a bodily member, organ or mental faculty. Student presumed to have a disability for discipline purposes: a student who, under the conditions set forth later in this policy, the district is deemed to have had knowledge was a student with a disability before the behavior that precipitated the disciplinary action.

ESMCSD Policy Book

5300.50 Suspension: a suspension pursuant to §3214 of New York’s Education Law. Weapon: Weapon means a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than two and one-half inches in length. Authority of School Personnel to Suspend or Remove Students with Disabilities The Board, District Superintendent, Superintendent of Schools or a building principal with authority to suspend students under the Education Law may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days. The Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed ten consecutive school days inclusive of any period in which the student has been suspended or removed for the same behavior pursuant to the above paragraph, if the Superintendent determines that the student’s behavior warrants the suspension. The Superintendent also may order additional suspensions of not more than ten consecutive school days in the same school year for separate incidents of misconduct, as long as the suspensions do not constitute a disciplinary change of placement. In addition, the Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for a period in excess of ten consecutive school days if the manifestation team determines that the student’s behavior was not a manifestation of the student’s disability. In such an instance, the Superintendent may discipline the student in the same manner and for the same duration as a non-disabled student. Furthermore, the Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability to an IAES to be determined by the committee on special education for a period of up to 45 school days if the student either: 1.

Carries or possesses a weapon to or at school, on school premises or to a school function, or

2.

Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function under the district’s jurisdiction, or

3.

Has inflicted serious bodily injury upon another person while at school, on school premises or at a school function under the district’s jurisdiction.

The Superintendent may order the placement of a student with a disability to an IAES under such circumstances, whether or not the student’s behavior is a manifestation of the student’s disability. However, the Committee on Special Education will determine the IAES. Procedures for the Suspension or Removal of Students with Disabilities by School Personnel (a) Parental notice of disciplinary removal. No later than the date on which a decision is made to change the placement of a student with a disability to an IAES pursuant to subdivision (e) of this

ESMCSD Policy Book

5300.50 section or pursuant to the authority of an Impartial Hearing Officer as set forth below, or a decision is to impose a suspension or removal pursuant to this section that constitutes a disciplinary change in placement, the parent shall be notified of such decision and shall be provided with the procedural safeguards notice approved by the State Education Department. (b) Five school day suspension or removal. Except as otherwise provided below, the board of education of any school district, a district superintendent of schools or a building principal with authority to suspend students pursuant to Education Law section 3214(3)(b) and (g), shall have authority to order the placement of a student with a disability into an appropriate interim alternative educational setting, another setting or suspension for a period not to exceed five consecutive school days, and not to exceed the amount of time that a nondisabled student would be subject to suspension for the same behavior. (c) Ten school day suspension or removal. Except as otherwise provided below, a superintendent of schools, either directly or upon recommendation of a hearing officer designated to conduct a superintendent's hearing pursuant to Education Law, section 3214(3)(c) and (g), may order the placement of a student with a disability into an interim alternative educational setting, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed pursuant to subdivision (b) of this section for the same behavior, where the superintendent determines in accordance with the procedures set forth in Education Law section 3214(3)(c) that the student has engaged in behavior that warrants a suspension, provided that the duration of any such suspension or removal shall not exceed the amount of time that a nondisabled student would be subject to suspension for the same behavior. Except as otherwise provided below, a superintendent of schools may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct. (d) Exception for pattern of suspensions or removals. A student with a disability may not be removed pursuant to subdivision (b) or (c) of this section if imposition of the 5 school day or 10 school day suspension or removal would result in a disciplinary change in placement based on a pattern of suspensions or removals as determined by school personnel in accordance with the criteria set forth in section 201.2(e)(2) of Commissioner’s Regulations, except where the manifestation team s determined that the behavior was not a manifestation of such student's disability, or the student is placed in an IAES as authorized under subdivision (e) of this section. (e) Change in placement to an IAES for behavior involving serious bodily injury, weapons, illegal drugs or controlled substances. (1) A superintendent of schools, either directly or upon recommendation of a hearing officer designated to conduct a superintendent's hearing pursuant to Education Law, section 3214(3)(c), may order the change in placement of a student with a disability to an appropriate IAES, to be determined by the CSE, for up to 45 school days, but not to exceed the period of suspension ordered by the superintendent in accordance with Education Law, section 3214(3), where the student:

ESMCSD Policy Book

5300.50 (i)

has inflicted serious bodily injury, as defined herein, upon another person while at school, on school premises or at a school function under the jurisdiction of the educational agency;

(ii)

carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the educational agency; or

(iii)

knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function under the jurisdiction of the educational agency.

(2) The period of suspension or removal ordered by the superintendent may not exceed the amount of time that a nondisabled student would be suspended for the same behavior. Limitation on Authority of School Personnel to Suspend or Remove Students with Disabilities The imposition of a suspension or removal by authorized school personnel may not result in a disciplinary change of placement of a student with a disability that is based on a pattern of suspensions or removals as set forth above in the Definitions sections of this policy, unless: 1.

The manifestation team determines that the student’s behavior was not a manifestation of the student’s disability or under the jurisdiction of the school district

2.

The student is removed to an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury as set forth above.

School personnel will consider any unique circumstances on a case-by-case basis when determining whether a disciplinary change in placement is appropriate for a student with a disability who violates the district’s Code of Conduct. In addition, school personnel may not suspend or remove a disability in excess of the amount of time that a non-disabled student would be suspended for the same behavior. Parental Notification of a Disciplinary Change of Placement The district will provide the parents of a student with a disability notice of any decision to make a removal that constitutes a disciplinary change of placement because of a violation of the student Code of Conduct. As set forth above, such notice shall be provided no later than the date on which a decision is made to change the placement of a student with a disability to an IAES or pursuant to the authority of an Impartial Hearing Officer as set forth above, or a decision is to impose a suspension or removal pursuant to this section that constitutes a disciplinary change in placement; the parent shall be notified of such decision and shall be provided with the procedural safeguards notice approved by the State Education Department.

ESMCSD Policy Book

5300.50 Authority of an Impartial Hearing Office to Remove a Student with a Disability An impartial hearing officer may order the placement of a student with a disability to an IAES for up to 45 school days at a time if he or she determines that maintaining the current placement of a student is substantially likely to result in injury to the student or to others. This authority applies whether or not the student’s behavior is a manifestation of the student’s disability. Manifestation Review a) General requirement for manifestation review. A review of the relationship between the student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the disability must be made immediately, if possible, but in no case later than 10 school days after: (1) a decision is made by a superintendent of schools to change the placement of a student to an interim alternative educational setting; or (2) a decision is made by an impartial hearing officer to place a student in an interim alternative educational setting; or (3) a decision is made by a board of education, district superintendent of schools, building principal or superintendent to impose a suspension that constitutes a disciplinary change in placement. (b) Individuals to carry out review. A review described in subdivision (a) of this section shall be conducted by a manifestation team in a meeting, which shall include a representative of the school district knowledgeable about the student and the interpretation of information about child behavior, the parent and relevant members of the CSE as determined by the parent and the school district. The parent must receive written notification prior to any manifestation team meeting to ensure that the parent has an opportunity to attend. The notification shall inform the parent of the purpose of the meeting, the names of the individuals expected to attend and inform the parent of his or her right to have relevant members of the CSE participate at the parent’s request. (c) Conduct of review. The manifestation team shall review all relevant information in the student’s file including the student’s IEP, any teacher observations, and any relevant information provided by the parents to determine if: (1) the conduct in question was caused by or had a direct and substantial relationship to the student’s disability; or (2) the conduct in question was the direct result of the school district’s failure to implement the IEP. (d) Determination. (1) The conduct must be determined to be a manifestation of the student’s disability if the manifestation team determines that a condition in either paragraph ©(1) or (2) of this section was met.

ESMCSD Policy Book

5300.50 (2) If the manifestation team determines that the conduct was a manifestation of the student’s disability, the CSE shall: (i) conduct a functional behavioral assessment and implement a behavioral intervention plan for such student in accordance with section 201.3 of this Part; and (ii) except as provided in section 201.7(e) of this Part, return the student to the placement from which the student was removed, unless the parent and the school district agree to a change of placement as part of the modification of the behavioral intervention plan. (e) Deficiencies in IEP. If the manifestation team determines the conduct in question was the direct result of the school district’s failure to implement the IEP, the school district must take immediate steps to remedy those deficiencies. Services for Students with Disabilities during Periods of Suspension or Removal (a) During any period of suspension, a student with a disability shall be provided services to the extent required under this section and paragraph (e) of subdivision 3 of section 3214 of the Education Law. Nothing in this section shall be construed to confer a greater right to services than is required under Education Law, section 3214(3)(e) and Federal law and regulations. (b) During suspensions or removals for periods of up to 10 school days in a school year that do not constitute a disciplinary change in placement, students with disabilities of compulsory attendance age shall be provided with alternative instruction pursuant to Education Law, section 3214(3)(e) on the same basis as nondisabled students. Students with disabilities who are not of compulsory attendance age shall be entitled to receive services during such suspensions only to the extent that services are provided to nondisabled students of the same age who have been similarly suspended. (c) During subsequent suspensions or removals for periods of 10 consecutive school days or less that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, regardless of the manifestation determination, students with disabilities shall be provided with services necessary to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student's IEP and to receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications that are designed to address the behavior violation so it does not recur. School personnel, in consultation with at least one of the student’s teachers, shall determine the extent to which services are needed, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress in meeting the goals set out in the student’s IEP. (d) During suspensions or other disciplinary removals for periods in excess of 10 school days in a school year which constitute a disciplinary change in placement, regardless of the manifestation determination, students with disabilities shall be provided with services necessary to enable the student to continue to participate in the general education curriculum, to progress

ESMCSD Policy Book

5300.50 toward meeting the goals set out in the student's IEP, and to receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications that are designed to address the behavior violation so it does not recur. The IAES and services shall be determined by the CSE. Students Presumed to Have a Disability for Discipline Purposes (a) General provision. The parent of a student who has violated any rule or code of conduct of the school district and was not identified as a student with a disability at the time of such behavior may assert any of the protections set forth in this Part, if the school district is deemed to have had knowledge as determined in accordance with subdivision (b) of this section, that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred. Where the District is deemed to have had knowledge that the student was a student with a disability before such behavior occurred, such student is a "student presumed to have a disability for discipline purposes." (b)Basis of knowledge. Except as otherwise provided in subdivision (c) of this section, a school district shall be deemed to have knowledge that such student had a disability if prior to the time the behavior occurred: (1) the parent of such student has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency or to a teacher of the student that the student is in need of special education, provided that such expression of concern may be oral if the parent does not know how to write or has a disability that prevents a written statement; or (2) the parent of the student has requested an evaluation of the student; or (3) a teacher of the student, or other personnel of the school district, has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the director of special education of the school district or to other supervisory personnel of the school district. (c) Exception. A student is not a student presumed to have a disability for discipline purposes if, as a result of receiving the information specified in subdivision (b) of this section: (1) the parent of the student has not allowed an evaluation of the student; or (2) the parent of the student has refused services; or (3) it was determined that the student is not a student with a disability. (d) Responsibility for determining whether a student is a student presumed to have a disability. If it is claimed by the parent of the student or by school district personnel that the school district had a basis for knowledge, in accordance with paragraph (b) of this section, that the student was a student with a disability prior to the time the behavior subject to disciplinary action occurred, it shall be the responsibility of the superintendent of schools, building principal or other school official imposing the suspension or removal to determine whether the student is a student presumed to have a disability.

ESMCSD Policy Book

5300.50 (e) Conditions that apply if there is no basis for knowledge. If the superintendent of schools, building principal or other school official imposing the disciplinary removal determines that there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other nondisabled student who engaged in comparable behaviors. However, if a request for an individual evaluation is made while such nondisabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted in accordance with 201.6 of the Commissioner’s Regulations. Expedited Due Process Hearings a) An expedited due process hearing shall be conducted pursuant to this Part under the following circumstances: (1) the school district requests an expedited due process hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES pursuant to section 201.8 of the Commissioner’s Regulations where school personnel maintain that it is dangerous for the student to be in his or her current educational placement; (2) the school district requests an expedited due process hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings; (3) the parent requests a hearing from a determination that the student's behavior was not a manifestation of the student's disability; or (4) the parent requests a hearing relating to any decision regarding placement under section 201.7 of the Commissioner’s Regulations, including but not limited to any decision to place the student in an IAES. (b) An expedited due process hearing shall be conducted in accordance with the procedures specified in section 200.5(j) of the Commissioner’s Regulations, except as follows: (1) Upon receipt of or filing of a due process complaint notice for an expedited hearing, the board of education shall arrange for an impartial hearing and the appointment of an impartial hearing officer using the list in accordance with the rotational selection process established in section 200.2(e)(l) of the Commissioner’s Regulations and the administrative procedures established by the board of education pursuant to section 200.2(b)(9) of the Commissioner’s Regulations. (2) The impartial officer may not accept appointment unless available to hold the hearing and render the decision within the time period for expedited hearings pursuant to paragraph (3) of this subdivision.

ESMCSD Policy Book

5300.50 (3) The school district shall arrange the expedited due process hearing according to the following time period, unless the parent and school district agree in writing to waive the resolution meeting or agree to use mediation: (i) A resolution meeting shall occur within seven days of receiving notice of the due process complaint. (ii) The expedited due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of receipt of the due process complaint. (iii) The expedited due process hearing shall occur within 20 school days of the date the complaint requesting the hearing is filed. (iv) The impartial hearing officer shall make a determination within 10 school days after the hearing. (4) No extension to an expedited impartial hearing timeline may be granted. (5) The impartial hearing officer shall mail a copy of the written, or at the option of the parents, electronic findings of fact and the decision to the parents, to the board of education and to the Office of Vocational and Educational Services for Individuals with Disabilities (VESID) of the New York State Education Department within 10 school days after the hearing. (c) If a parent requests a hearing or an appeal regarding the change in placement of a student to an IAES by a superintendent of schools, or regarding a change in placement by an impartial hearing officer pursuant to section 201.8 of the Commissioner’s Regulations where the school district maintains that it is dangerous for the student to remain in his or her current educational placement, or regarding a determination that the behavior is not a manifestation of the student's disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing office or until expiration of the time period determined in accordance with section 201.7 or 201.8 of the Commissioner’s Regulations, as applicable, whichever occurs first, unless the parents and the school district otherwise agree. (d) When an expedited due process hearing has been requested because of a disciplinary change in placement, the manifestation determination or because the school district believes that maintaining the student in the current placement is likely to result in injury to the student or others, the student shall remain in the IAES pending the decision of the impartial hearing officer or until the expiration of the period of removal, whichever occurs first, unless the parent and the school district agree otherwise. Referral to Law Enforcement and Judicial Authorities Consistent with its authority under applicable law and regulations, the district will report a crime committed by a student with a disability to appropriate law enforcement and judicial authorities. In such an instance, the Superintendent will ensure that copies of the special education and disciplinary records of the student are transmitted for consideration to the appropriate authorities

ESMCSD Policy Book

5300.50 to whom the crime is reported, to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA). Ref: NY Education Law § 3214(g) NYCRR Part 201

ESMCSD Policy Book

5300.60

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: 1.

protect oneself, another student, teacher or any person from physical injury

2.

protect the property of the school or others

3.

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

Investigation of Complaints Any complaint about the use of corporal punishment shall be submitted in writing to the Superintendent of Schools. This written complaint will be forwarded to the School Attorney within 7(seven) days. The Superintendent or his/her designee shall investigate the complaint to determine whether an incident actually took place, and if so, to determine the identity of the person or persons who administered the punishment, the identity of the student or students punished, reasons for the action and any other relevant facts or circumstances. Results of this investigation will be forwarded to the School Attorney upon completion of the investigation. 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 100.2 Rules of the Board of Regents § 19.5

ESMCSD Policy Book

5300.65

STUDENT SEARCHES AND INTERROGATIONS The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of "Miranda"-type warning before being questioned by school officials, nor are school officials required to contact a student's parent before questioning the student. However, school officials will tell all students why they are being questioned. The Board authorizes the Superintendent of Schools, Building Principals, Assistant Principals, the school nurse and district security officials to conduct searches of students and their belongings, in most instances, with exceptions set forth below in A. and B., if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the district code of conduct. An authorized school official may conduct a search of a student's belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search. An authorized school official may search a student or the student's belongings based upon information received from a reliable informant. Individuals, other than the district employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate. Before searching a student or the student's belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought. Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched. A.

Student Lockers, Desks, School District Issued Laptops and other School Storage Places

The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockets, desks, school district issued laptops and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks, school district issued laptops and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.

ESMCSD Policy Book

5300.65 B.

Strip searches

A strip search is a search that requires a student to remove any or all of his or her clothing, other than an outer coat or jacket. If an authorized school official believes it is necessary to conduct a strip search of a student, the school official may do so only if the search is authorized in advance by the Superintendent or the school attorney. The only exception to this rule requiring advanced authorization is when the school official believes there is an emergency situation that could threaten the safety of the student or others. The District shall determine on a case-by-case basis the appropriate sex of the authorized school official or employee who shall conduct a strip search, after considering gender and any other relevant issues. Strip searches shall be conducted in the presence of another District professional employee who is of the same sex as the official or employee conducting the search. In every case, the school official conducting a strip search must have reasonable suspicion or probable cause to believe the student is concealing evidence of a violation of law or the district code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student's age, the student's record, the quality of the knowledge that lead to the reasonable suspicion and the need for such a search. School officials will attempt to notify the student's parent by telephone before conducting a strip search, or in writing after the fact if the parent could not be reached by telephone. C.

Treatment of Cell Phones laptops or other personal devices

Teachers and administrators are authorized to confiscate student cell phones laptops or other personal devices that are being used in violation of the code of conduct and/or policy 4526.1, Student Use of Electronic Devices. Teachers and administrators are permitted to look at the screen of the cell phone and can request the student’s cooperation to search the cell phone, laptops or other personal devices further. Without a student’s permission, teachers and administrators should not undertake a more extensive search until conferring with the Superintendent or school attorney for guidance. D.

Documentation of Searches

The authorized school official conducting the search shall be responsible for promptly recording the following information about each search: 1. 2. 3. 4. 5. 6. 7. 8. 9.

ESMCSD Policy Book

Name, age and grade of student searched. Reasons for the search. Name of any informant(s). Purpose of search (that is, what item(s) were being sought). Type and scope of search. Person conducting search and his or her title and position. Witnesses, if any, to the search. Time and location of search. Results of search (that is, what items(s) were found).

5300.65 10. 11.

Disposition of items found. Time, manner and results of parental notification.

The Principal or the Principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The Principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the item is turned over to the police. The Principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities. E.

Police Involvement in Searches and Interrogations of Students

District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have: 1. 2.

A search or an arrest warrant; or Probable cause to believe a crime has been committed on school property or at a school function.

Before police officials are permitted to question or search any student, the Principal or his or her designee shall first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted, unless the student is 16 years of age or older. The Principal or designee will also be present during any police questioning or search of a student on school property or at a school function. Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means: 1. 2. 3. F.

They must be informed of their legal rights. They may remain silent if they so desire. They may request the presence of an attorney.

Child Protective Services Investigations

Consistent with the district’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the district will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations. All requests by child protective services to interview a student on school property shall be made directly to Principal or his or her designee. The Principal or designee shall set the time and place of the interview. The Principal or designee shall decide if it is necessary and appropriate for a

ESMCSD Policy Book

5300.65 school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations. If the nature of the allegations is such that it may be necessary for the student to remove any of his or her clothing in order for the child protective services worker to verify the allegations, the school nurse or other district medical personnel must be present during that portion of the interview. In any situation in which a student is required to remove his or her clothing, the District shall determine, on a case-by-case basis, the appropriate sex of a child protective services worker or school official or employee who shall be present, after considering gender and any other relevant issues. A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if not he or she were not removed from school before a court order can reasonably be obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s consent. Cross-ref: Ref:

4526.1, Internet Safety Acceptable Use Policy

Safford Unified School District #1 et al. v. Redding, 129 S. Ct. 2633 (2009) Vassallo v. Lando, 591 F.Supp.2d 172 (E.D.N.Y. (2008) Phaneuf v. Fraikin 448 F.3rd 591 (2006) New Jersey v. TLO, 469 U.S. 325 (1985) In re Gregory, 82 N.Y.2d 588 (1993) People v. Scott D., 34 N.Y.2d 483 (1974) People v. Singletary, 37 N.Y.2d 310 (1975)) People v. Overton, 20 N.Y.2d 360 (1969) M.M. v. Anker, 607 F.2d 588 (2d Cir. 1979) Opinion of Counsel, 1 EDR 800 (1959)

Adopted: December 9, 2015

ESMCSD Policy Book

5300.70

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 his or her 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: 1.

Anyone who is not a regular staff member or student of the school will be considered a visitor.

2.

During the school day, all visitors to the school must report to the office of the principal 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, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge and sign out of the visitor’s register before leaving the building.

3.

Visitors attending school functions that are open to the public, such as parentteacher organization meetings or public gatherings, are not required to register.

4.

Parents or citizens who wish to observe a classroom while school is in session are required to request such visits in advance with a building administrator and the classroom teacher(s), so that class disruption is kept to a minimum. Parent visits to classrooms are inherently disruptive and will be permitted only as deemed necessary.

5.

Teachers are expected not to take class time to discuss individual matters with visitors.

6.

Any unauthorized person on school property will be reported to the principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.

7.

All visitors are expected to abide by the rules for public conduct on school property contained in this Code of Conduct.

ESMCSD Policy Book

5300.75

PUBLIC CONDUCT ON SCHOOL PROPERTY The district is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the code, “public” shall mean all persons when on school property or attending a school function including students, teachers and district personnel. The restrictions on public conduct on school property and at school functions contained in this code are not intended to limit freedom of speech or peaceful assembly. The district recognizes that free inquiry and free expression are indispensable to the objectives of the district. The purpose of this code is to maintain public order and prevent abuse of the rights of others. All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property. A.

Prohibited Conduct No person, either alone or with others, shall: 1.

Intentionally injure any person or threaten to do so.

2.

Intentionally damage or destroy school district property or the personal property of a teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.

3.

Disrupt the orderly conduct of classes, school programs or other school activities.

4.

Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.

5.

Intimidate, harass or discriminate against any person on the basis of actual or perceived race, creed, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression).

6.

Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.

7.

Obstruct the free movement of any person in any place to which this code applies.

8.

Violate the traffic laws, parking regulations or other restrictions on vehicles.

ESMCSD Policy Book

5300.75

B.

9.

Possess, consume, sell, distribute or exchange alcoholic beverages, controlled substances, or be under the influence of either on school property or at a school function.

10.

Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the school district.

11.

Loiter on or about school property.

12.

Gamble on school property or at school functions.

13.

Refuse to comply with any reasonable order of identifiable school district officials performing their duties.

14.

Willfully incite others to commit any of the acts prohibited by this code.

15.

Violate any federal or state statute, local ordinance or Board policy while on school property or while at a school function.

Penalties Persons who violate this code shall be subject to the following penalties: 1.

Visitors. Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection.

2.

Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.

3.

Tenured faculty members. They shall be subject to disciplinary action as the facts may warrant in accordance with Education Law § 3020-a or any other legal rights that they may have.

4.

Staff members in the classified service of the civil service entitled to the protection of Civil Service Law § 75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law § 75 or any other legal rights that they may have.

5.

Staff members other than those described in subdivisions 3 and 4. They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

ESMCSD Policy Book

5300.75 C.

Enforcement

The Principal or his/her designee shall be responsible for enforcing the conduct required by this code. When the Principal or his or her designee sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the Principal or designee shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The Principal or designee shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct, or if the person's conduct poses an immediate threat of injury to persons or property, the Principal or designee shall have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person. The district shall initiate disciplinary action against any student or staff member, as appropriate, with the "Penalties" section above. In addition, the district reserves its right to pursue a civil or criminal legal action against any person violating the code. Adoption date: June 2, 2012

ESMCSD Policy Book

5300.80

CODE OF CONDUCT DISSEMINATION AND REVIEW A.

Dissemination of Code of Conduct

The Board will work to ensure that the community is aware of this code of conduct by: 1.

Providing copies of an age-appropriate, written in plain language, summary of the code to all students at an assembly to be held at the beginning of each school year.

2.

Providing a plain language summary to all parents at the beginning of the school year, and thereafter on request.

3.

Posting the complete code of conduct on the district’s website.

4.

Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.

5.

Providing all new employees with a copy of the current code of conduct when they are first hired.

6.

Making copies of the complete code available for review by students, parents and other community members.

The Board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct. The Superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding inservice programs pertaining to the management and discipline of students. On-going professional development will be included in the district’s professional development plan, as needed. B.

Review of Code of Conduct

The Board will review this code of conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the code's provisions have been and whether the code has been applied fairly and consistently. The Board may appoint an advisory committee to assist in reviewing the code and the district's response to code of conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

ESMCSD Policy Book

5300.80 Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents, students and any other interested party may participate. The code of conduct and any amendments to it will be filed with the Commissioner of Education, in a manner prescribed by the Commissioner, no later than 30 days after adoption. Adoption date: June 6, 2012

ESMCSD Policy Book

5300.85 Dignity for All Students Act – Effective July 1, 2012 The Dignity for All Students Act requires school districts to put in place procedures for the creation of school environments free of discrimination and harassment. The law is effective July 1, 2012. Any type of harassment on school property and at school functions is prohibited. Harassment is defined as the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being. It also includes conduct, verbal threats, intimidation or abuse that reasonably cause or would reasonably be expected to cause a student to fear for his/her physical safety. The Dignity for All Students Act prohibits the following: 1. Student harassment by school employees or students on school property or at a school function. This prohibition extends to cyber bullying; verbal or written threats through any form of electronic communication such as email, chat room, discussion group, instant messaging, or social networking sites on or off school property. 2. Student discrimination by school employees or students based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex. Reporting Discrimination or Harassment Any person who has or learns of an incident of bullying, harassment or discrimination against a student should report it to the Dignity Act Coordinator of the building in which the act took place. Any person having reasonable cause to suspect that a student has been subjected to discrimination or harassment, who acts reasonably and in good faith in reporting such information or initiates informal or formal proceedings, has immunity from any civil liability that may arise. No school employee may take, request or cause retaliatory action against a person who, acting reasonably and in good faith, makes a report or initiates informal or formal proceedings. Requirements of School Districts 1. The Eastport-South Manor Central School District is committed to creating environments that are free from discrimination and harassment. 2. A copy of the anti-bullying and harassment policy is available at your child’s school.

ESMCSD Policy Book

5300.85 3. Trained professionals in each building support programs to discourage discrimination and harassment. Furthermore, guidelines are designed to : • Raise awareness and sensitivity of school employees to potential discrimination or harassment • Enable employees to prevent and respond to discrimination • Support the development of non-discriminatory instructional and counseling methods 4. Members of each school’s staff will be trained to handle human relations in the areas of discrimination and harassment. In the district, the team consists of the Dignity Act Coordinators, School Psychologists and Principals. If you or anyone you know has knowledge of discrimination or harassment, please contact the building principal of your child’s school. For further information, please refer to the following resources: Board Policy Number 0115: Student Harassment and Bullying Prevention and Intervention. The New York State Education Department’s Dignity for All Students Act website: http://www.p12.nysed.gov/dignityact/ http://www.stopbullying.gov New York State Education Law Article 2 sections (10-18) Adopted: November 28, 2012

ESMCSD Policy Book

5405 LOCAL WELLNESS POLICY 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. For purposes of this policy, “school campus” means all areas of district property accessible to students during the school day; “school day” means the period from the midnight before to 30 minutes after the end of the official school day; and “competitive food” means all food and beverages other than meals reimbursed under federal food programs available for sale to students on the school campus during the school day. 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 all foods and beverages available for sale to students on the school campus during the school day 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. A.

School Meals – the district shall: 1. Include fruits, vegetables, salads, whole grains, and low fat items at least to the extent required by federal regulations. 2. Encourage students to try new or unfamiliar items. 3. Make efforts to ensure that families are aware of need-based programs for free or reduced-price meals and encourage eligible families to apply. 4. Consider serving produce and food from local farms and suppliers. 5. Make free drinking water available at locations where meals are served

B. Meal Scheduling – the district shall: 1. Provide adequate time to eat. 2. Schedule lunchtime between normal lunch hours (9:40 a.m. – 2:10 p.m.)

ESMCSD Policy Book

5405 C. Foods and Beverages Sold Individually (e.g., a la carte, vending machines, school stores the district shall: 1. Ensure that all such items meet the nutrition standards set in federal regulations for competitive foods regarding whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine. 2. Permit the sale of fresh, frozen or canned fruits and vegetables, if processed pursuant to federal regulations, as exempt from the nutrition standards. 3. Work with existing vendors or locate new vendors that will comply with nutrition standards. D. Fund-Raising Activities – the district shall: 1. Ensure that all fundraisers selling food or beverages to students on school campus during the school day meet the competitive foods nutrition standards set in federal regulations for whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine. 2. Promote non-food items to sell, or activities (physical or otherwise) in which to participate. 3. Outside organizations (e.g., Parent groups, booster clubs) conducting fundraisers which take place off the school campus or outside the school day are encouraged to follow this policy. E. School and Classroom Celebrations: 1. Non-food related items are encouraged for all other school celebrations or events. 2. Any food and drinks for classroom or school celebrations shall be purchased through the district’s food provider or other local food providers who can identify and ensure all specific ingredients are documented by label. 3. When appropriate, the district encourages families to participate in classroom and school celebrations. However, outside food and drink shall be purchased through the district’s food provider or other local food providers who can identify and ensure all specific ingredients are documented by label. F. Marketing of Foods and Beverages 1. Any food or beverage that is marketed on school grounds during the school day must meet at least the federal nutrition standards for competitive items. 2. This restriction applies to all school buildings during the school day (interior and exterior), school grounds, school buses and other vehicles used to transport students,

ESMCSD Policy Book

5405 athletic fields, structures, parking lots, school publications, and items such as vending machines, equipment, posters, garbage cans, or cups. 3. Marketing includes all advertising and promotions: verbal, written, or graphic, or promotional items. 4. This restriction does not apply to personal opinions or expression, or items used for educational purposes. 5. This restriction applies to all purchases and contracts made after the effective date of this provision. G. Physical Activity 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. H. Physical Education: 1. Students shall engage in physical education for at least the minimum number of hours or days per week under State requirements. 2. Physical Education classes shall incorporate the appropriate NYS Learning Standards. 3. Promote, teach and provide opportunities to practice activities that students enjoy and can pursue throughout their lives (e.g., yoga, fitness walking, step aerobics). 4. The performance or withholding of physical activity shall not be used as a form of discipline or punishment. I. Recess: 1. Maintain daily allotment of recess time for elementary school. 2. Recess shall not be used for punishment. 3. Consider scheduling recess before lunch. 4. Recess will be held outdoors whenever possible, and indoors during the most inclement weather, at the discretion of the Building Principal.

ESMCSD Policy Book

5405 J. Physical Activity in the Classroom 1. Promote the integration of physical activity in the classroom, both as activity breaks and as part of the educational process (e.g., kinesthetic learning). 2. 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. K. Extracurricular Opportunities for Physical Activity 1. Promote clubs and activities that meet the various physical activity needs, interests, and abilities of all students (e.g., walking, hiking and climbing, snowshoeing), including before and after school activities. 2. The setting of extracurricular activity eligibility participation requirements does not constitute withholding opportunities. L. 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 the 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. M. The Board’s goals for nutrition promotion and education include that the district will: 1. Whenever possible, include nutrition education as part of not only health education classes, but also classroom instruction, clubs and elective subjects. 2. Include enjoyable, developmentally appropriate, culturally relevant, participatory activities, such as contests, promotions, taste testing, farm visits, and school gardens. 3. Promote fruits, vegetables, whole grain products, low fat dairy products, safe and healthy food preparation methods, and health enhancing nutrition practices. 4. Emphasize caloric balance between food intake and energy expenditure. 5. Teach media literacy with an emphasis on food marketing. 6.

Courses such as Cultural Foods and other food related courses and clubs must meet at least the minimal federal nutrition standards.

ESMCSD Policy Book

5405 N. 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 communitywide events, and offering wellness-related courses in the district’s adult education program. O. Implementation The Board shall designate the Athletic Director as District Wellness Coordinator responsible for ensuring that the provisions of this policy are carried out throughout the district. The Board may also designate one person in each building as School Wellness Coordinator to ensure that the wellness activities and actions are being implemented at the building level. P. Monitoring and Review The Athletic Director, as District Wellness Coordinator, shall report every three years to the Board and the public on the implementation and effectiveness of this policy. Every three years, the District Wellness Coordinator, in consultation with appropriate personnel and advisory committees, shall monitor and review the district’s wellness activities to determine the extent that district schools are complying with this policy, how this policy compares to model wellness policies, and the progress made toward attaining the goals of this policy and 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, the general public, and the school board shall be provided with the opportunity to participate in the development, implementation and periodic review and update of this wellness policy. To do this, the district shall establish an advisory committee, and invite participation via notices in school publications; staff and student announcements, handbooks and memos; the district website; and outreach to school-associated organizations interested persons and those with valuable expertise. The district shall inform and update the public (including parents, students and others in the community) about the content and implementation of this wellness policy posting this policy (and any updates) on the district website and in each school lunch area, referencing the policy and its availability on school publications and notices, and providing information about new and ongoing wellness policy activities to parents, staff and students via established communication channels.

ESMCSD Policy Book

5405 The district shall monitor and review the implementation and effectiveness of this policy by conducting: 1. Periodic informal surveys of Building Principals, classroom staff, and school health personnel to assess the progress of wellness activities and their effects. 2. 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. 3. Periodic checks of the nutritional content of food available in vending machines, and sales or consumption figures for such foods. 4. Periodic checks of the amount of time students spend in Physical Education classes, and the nature of those activities. 5. Periodic checks of extracurricular activities of a physical nature, in the number of offerings and rates of participation by students. 6. Periodic checks of student mastery of the nutrition education curriculum will be monitored through the Health Curriculum. 7. Periodic review of data currently collected by the district, including: a. b. c. c.

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); d. student BMI (Body Mass Index) statistics, as collected in accordance with the State Department of Health efforts; and e. revenues generated from vending machines and a la carte food items. 8. Periodic review of professional staff development offered which focuses on student wellness. 9. NYSSBA’s Student Wellness Assessment Checklist [every three years] to review the effectiveness of this policy. Q. Recordkeeping The district shall keep records as required by federal regulations, including documentation of the following: this policy; the district’s community involvement activities described above; that the policy is made available to the public; the assessments done every three years; how the public is informed of the assessment results; and when and how the policy is reviewed and updated. Ref:

P.L. 111-296 (The Healthy, Hunger-Free Kids Act of 2010), §204 amending 42 USC §1758b

ESMCSD Policy Book

5405 P.L. 108-265 (Child Nutrition and WIC Reauthorization Act of 2004), §204 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; 210.11a; 210.12; 210.15; 210.18; 210.30 (National School Lunch Program participation requirements – nutrition standards for lunch and competitive foods; community involvement; recordkeeping; state review; local wellness policy) 7 CFR §§220.8; 220.12 (School Breakfast Program participation requirements – nutrition standards for meals and competitive foods) 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) (physical education requirements) Appeal of Williams, 32 EDR 621 (1993) (dec. no. 12,934) (physical education requirements) Adoption date: August 23, 2017

ESMCSD Policy Book

5420 STUDENT HEALTH SERVICES This policy reflects recent requirements related to immunizations against meningococcal disease for entry to school in grades 7 and 12, access to certain medications and supplies, and the district’s options for the administration of naloxone, an opioid antagonist to prevent overdoes, commonly known by the brand name of Narcan. The Board is not required to permit the use of naloxone in the district. 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, dental inspection 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. Nurses send a “Significant Findings Form” to parents to follow up on all recommendations. 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 or religious reasons as permitted by state law and regulation. 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. Any data requested from the State of New York, will be shared within the parameters of FERPA and HIPAA laws. 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.

ESMCSD Policy Book

5420 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. Emergency Care Schools shall also provide emergency care for students in accidental or unexpected medical situations. The district will stock epinephrine auto-injectors. Pursuant to Public Health Law §3000-c, the district will establish a collaborative agreement with an emergency health care provider to institute written protocols and procedures for the use of non-patient specific epinephrine auto-injectors. The district shall ensure that designated staff are properly trained. Each school in the district will include in its emergency plan a protocol for responding to health care emergencies, including anaphylaxis, and head injury. Parents/guardians will be notified of any emergency medical situation as soon as is practicable. Parents/guardians will receive notification of non-emergent medical situations that have been reported to the nurse in a timely manner. The district permits emergency administration of opioid antagonists, such as naloxone, by (select as appropriate: trained volunteer responders AND/OR the school nurse) to prevent opioid overdose. Communicable Diseases It is the responsibility of the Board to provide all students with a safe and healthy school environment. To meet this responsibility, it is sometimes necessary to exclude students with contagious and infectious diseases, as defined in the Public Health Law, from attendance in school. Students will be excluded during periods of contagion for time periods indicated on a chart developed by the school 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 an authorized medical provider.

ESMCSD Policy Book

5420 Before any medication may be administered to or by any student during school hours, the Board requires: 1. the written request of the parent(s) or guardian(s), which shall give permission for such administration and relieve the Board and its employees of liability for administration of medication; 2. 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, the period for which medication is prescribed, and the possible side effects of the medication; and 3. that in order for a student to carry and use a rescue inhaler, an epinephrine auto-injector, insulin, or glucagon and associated testing supplies, written permission must be provided both by the parent and the prescribing authorized medical provider in accordance with state law and regulation. Students are allowed to carry and apply parentally provided sunscreen without a prescription from a medical provider, assuming that the sunscreen is FDA approved and that the sunscreen is not treating a medical condition. Parents need to provide the district with written permission for students to use sunscreen. Permission slips and medical orders shall be kept on file in the office of the school nurse. Schools are permitted to stock Albuterol Metered Dose Inhalers (MDIs) for students in need of medication if provided by parents or guardian. 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, which will be charged with developing an individual health care plan and/or an emergency action plan. The plan(s) will be maintained by the school nurse. The plan(s) will guide prevention and response. If the student is eligible for accommodations based upon the IDEA, Section 504 or the Americans with Disabilities Act, the appropriate procedures will be followed regarding identification, evaluation and implementation of accommodations.

ESMCSD Policy Book

5420 Training Training to support the fulfillment of staff responsibilities in regard to student health services will be provided as part of the district’s ongoing professional development plan and in conformity with Commissioner’s regulations. Regulations The Superintendent 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 district medical director and other appropriate district staff, for the management of injury, with particular attention to concussion. Cross-ref: 4321, Programs for Students with Disabilities 5020.3, Students with Disabilities and Section 504 5280, Interscholastic Athletics 5550, Student Privacy 8130, School Safety Plans and Teams 9700, Staff Professional Development Ref: 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); 916 (student self-administration of rescue inhalers); 916-a (student selfadministration of epinephrine; 916-b (students with diabetes); 919 (provide and maintain nebulizers); 921 (epinephrine auto-injectors; training of unlicensed personnel); 922 (naloxone); 6527 (emergency treatment: anaphylaxis; naloxone); 6909 (emergency treatment: anaphylaxis; naloxone) Public Health Law §§613 (annual survey); 2164 (immunization requirements); 3000-c (collaborative agreements with emergency health care providers); 3309 (naloxone) 8 NYCRR §§ 64.7 (anaphylaxis; naloxone); 135.4 (Physical Education); Part 136 (school health services program; concussion, anaphylaxis, medication, naloxone) 10 NYCRR Part 66-1 (immunization requirements); § 80.138 (naloxone) Guidelines for Medication Management in Schools, State Education Department, September 2015, Immunization Guidelines: Vaccine Preventable Communicable Disease Control, State Education Department, revised August 2000 Making the Difference: Caring for Students with Life-Threatening Allergies, New York State Department of Health, New York State Education Department, New York Statewide School Health Service Center, June 2008 Concussion Management Guidelines and Procedures, www.nysphsaa.org

ESMCSD Policy Book

New Policy for Stocking Albuterol Metered Dose Inhalers (MDIs), State Education Department, August 2011, www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/Albuterol2011memo.pdf. Adoption date: January 25, 2017

ESMCSD Policy Book

5420-R STUDENT HEALTH SERVICES REGULATION This policy reflects recent requirements related to immunization against meningococcal disease for entry to school in grades 7 and 12, access to certain medications and supplies, and the district’s options for the administration of naloxone, an opioid antagonist to prevent overdose, commonly known by the brand name Narcan®. The Board is not required to permit the use of naloxone in the district. A.

Immunization Against Communicable Diseases

Under state Public Health Law 2164, in order to be enrolled in or attend district schools, children must be fully immunized against certain communicable diseases. Those diseases are: poliomyelitis, mumps, measles, diphtheria, rubella, varicella (chicken pox), Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease, and hepatitis B, Tdap. “Fully immunized” means that the child has either (1) received the required vaccinations for these diseases as set forth in state regulations; (2) for measles, mumps, rubella, hepatitis B, poliomyelitis, or varicella only, shown immunity with a positive blood test for those disease antibodies; or (3) for varicella only, has had the disease, verified by a physician, nurse practitioner, or physician’s assistant. Children who are not fully immunized may only be admitted to school if they (1) are in the process of receiving immunization or obtaining blood tests; or (2) have been granted a medical or religious exemption. Medical exemptions may be issued if immunization is detrimental to a child’s health. Medical exemptions must either be (1) the medical exemption form issued by the New York State Department of Health or the New York City Department of Health and Mental Hygiene, or (2) a statement signed by a physician licensed to practice medicine in New York State indicating the specific immunization, the medical contraindication, and the length of time the exemption is for. Medical exemptions must be reissued annually to remain valid. The Building Principal may require supporting documents for medical exemptions. Religious exemptions may be granted by the district upon either (1) a signed and completed Request for Religious Exemption to Immunization created by the NYSED, or (2) a written and signed statement from a parent/guardian stating an objection to immunization because of genuine and sincere religious beliefs which prohibit immunization. The Building Principal may require supporting documents for religious exemptions. All students must present appropriate documentation of their immunization status, as set forth in the Regulations of the Commissioner of Health 10 NYCRR Subpart 66-1.

ESMCSD Policy Book

5420-R The Building Principal may permit students without adequate documentation to attend school up to 14 calendar days while the parent/guardian furnishes the necessary documents. This time period may be extended to 30 days for students transferring from another state or country, as long as they show a good faith effort to obtain the necessary documentation. District schools may access the New York State Immunization Information System (NYSIIS) or the New York City Citywide Immunization Registry (CIR) to verify the immunization history of students entering or registered in that school. When a child is excluded from school for immunization reasons, the Building Principal shall notify the parent/guardian of their responsibility to have the child immunized, and the public resources available for doing so. The Principal shall also notify the local health authority of the child’s name and address and the immunization(s) the child lacks, and shall cooperate with that authority to provide a time and place for the required immunization(s) to be administered. The district will maintain a list of all students who have been exempted from immunization for medical or religious reasons, or who are in the process of receiving immunization, and shall exclude such students from school when so ordered by the Commissioner of Health, in the event of an outbreak in school of the vaccine-preventable diseases listed in Public Health Law 2164 and the first paragraph of this section. When a student transfers out of the district, the parent/guardian may request the immunization transfer record showing the student’s current immunization status which will be signed by the school nursing personnel or the school physician. A transcript or photocopy of the immunization portion of the cumulative health record will be provided to the new educational institution upon request. B.

Administering Medication to Students in School

The administration of prescribed medication to a student during school hours is permitted only when the medication is necessary to allow the student to attend school or failure to administer the medication would seriously affect the student’s health. Parent(s) or guardian(s) must present the following information: 1.

a written order from a NYS licensed health care provider (e.g. physician, nurse practitioner or physician assistant) containing the following: student’s name, the date and name of the medicine, dosage and time to be administered, and list of possible side effects; and

2.

The parent/guardian will give the appropriate licensed school personnel permission to administer the medication to their child during school or for trained unlicensed personnel to assist their child in taking their own medication by signing the medication consent form.

ESMCSD Policy Book

5420-R Students who may carry and use certain medications Students are permitted to self-administer medication under certain circumstances, in accordance with state law and regulation. A student is authorized to carry and use the following medications: rescue inhaler, epinephrine auto-injector, insulin, glucagon (and associated diabetes testing supplies), if the following conditions are met: 1.

An authorized medical provider must provide written permission that includes an attestation that the student’s diagnosis requires the medication; the student has demonstrated that he/she can self-administer the prescribed medication effectively; the name of the medication, the dose, the times when it is to be taken, the circumstances which may warrant use and the length of time during which the student may use it.

2.

Written parental permission.

Commissioner’s Regulations section 136.7 was recently modified to clarify that, consistent with Education Law 916-b, the extra diabetes medication and supplies students may maintain must be made readily accessible to such students. As Education Law 916 and 916-a also address making extra medication and supplies for asthma and anaphylaxis readily available to students, we have added the underlined text below to clarify that all such medication and supplies must be readily accessible to such students. If a student is authorized to carry and use medication as described above, the parent/guardian is permitted to give extra medication and supplies that the district will maintain in accordance with the written directions submitted by the authorized medical provider. Such extra medication and supplies shall be readily accessible to the student. All documents pertaining to student medication will be kept on file in the nurse’s office. The school nurse shall develop procedures for the administration of medication, which require that: 1.

all medications will be administered by a licensed person unless the child is a “supervised student” (able to self-administer with assistance and supervision) or an “independent student” (able to self-administer and self-carry);

2.

medications, other than as noted above, shall be securely stored in the office and kept in their original labeled container, which specifies the type of medication, the amount to be given and the times of administration; the school nurse shall maintain a record of the name of the student to whom medication may be administered, the prescribing physician, the dosage and timing of medication, and a notation of each instance of administration; and

ESMCSD Policy Book

5420-R 3.

all medications shall be brought to school by the parent(s) or guardian(s) and shall be picked up by the parent(s) or guardian(s) at the end of the school year or the end of the period of medication, whichever is earlier. If not picked up within five days of the period of medication, the medication shall be discarded.

An adult must bring the medication to school in the original container. The administering staff member should clearly label the medication with the time to be given and dosage. Sunscreen. Students are permitted to carry and apply sunscreen without a medical provider’s order under the following conditions: 1. the sunscreen is used to avoid overexposure to the sun and not for medical treatment of an injury or illness, if sunscreen is required to treat a medical condition, the procedures for administering medication (above) apply; 2. the sunscreen is FDA approved for over the counter use; 3. the student’s parents or guardians provide written permission annually for the student to carry and use the sunscreen. The school nurse will keep written permission for students on file and develop procedures pertaining to this policy. Administering medication on field trips and at after-school activities. Taking medication on field trips and at after-school activities is permitted if a student is selfdirected in administering their own medication. On field trips or at other after-school activities, teachers or other school staff may carry the medication so that the self-directed student can take it at the proper time. If a student is going on a field trip but is not self-directed (i.e., fully aware and capable of understanding the need and assuming responsibility for taking medicine), then the district may: 

permit the parent or guardian to attend the activity and administer the medication.



permit the parent to personally request another adult who is not employed by the school to voluntarily administer the medication to their child only on the field trip or activity and inform the school district in writing of such request.



allow the student’s health care provider to be consulted and, if he/she permits, order the medication time to be adjusted or the dose eliminated.

If no other alternative can be found, a school nurse or licensed person must administer the medication.

ESMCSD Policy Book

5420-R Administering epi-pen in emergency situations. The administration of epinephrine by epi-pen has become an accepted and extremely beneficial practice in protecting individuals subject to serious allergic reactions (e.g., individual has an anaphylactic reaction to a wasp sting or the ingestion of peanut butter). The district will stock epinephrine auto-injectors to be used on any student or staff member having symptoms of anaphylaxis, whether or not there is a previous history of severe allergic reaction. Pursuant to Public Health Law §3000-c, the district will establish a collaborative agreement with an emergency health care provider to allow for use of epinephrine auto-injectors in district schools. The collaborative agreement will outline the protocols and procedures for the use of the auto-injectors. The medical director shall oversee the program; ensuring implementation of the terms of the collaborative agreement and that designated staff are appropriately trained. In addition, pursuant to SED guidelines, school nurses may provide training to unlicensed school staff in administering epi-pens, epinephrine auto-injectors and glucagon prescribed by a licensed medical provider, to a child who has been diagnosed with the associated disease in accordance with the process described in this policy and regulation. C.

Student Medical Exams/Exemptions

In accordance with Sections 903 and 904 of the state Education Law, each student shall have a physical exam given by the school doctor or licensed health provider (including a physician, physician assistant or nurse practitioner) upon entrance to school and at grades pre-kindergarten or kindergarten, two, four, seven and ten. Findings are to be kept on record at the school on forms that can be obtained from the school nurse. In addition, the school will request a dental health certificate according to the same schedule. A student may be excluded from the medical examination requirements because the child’s parent/guardian holds a genuine and sincere religious belief which is contrary to medical examinations. The request for exemption must be in writing to the principal or his/her designee. In the event that the student’s medical history reveals that they have a known life-threatening allergy, the school nurse, in conjunction with the family, student, child’s teacher, and other appropriate staff, will develop and implement an individual health care plan which will guide prevention and response. The district will work with students in the self-management of their life-threatening allergy, or other chronic health conditions, by: 1.

Adequately training staff involved in the care of the child.

2.

Assuring the availability of the necessary equipment and/or medications.

3.

Providing appropriately licensed and trained persons on school premises, as required by law.

ESMCSD Policy Book

5420-R 4.

Providing ongoing staff and student education.

D.

Illness or Injury in School

If a student becomes ill or injured in school: 1.

The nurse will determine if the student should receive further medical attention, remain in the dispensary or return to class.

2.

The nurse will call the parent, guardian or designated emergency contact if he/she feels the student should go home. In general, a parent or guardian will pick up the student from school.

3.

The nurse will contact the Building Principal if he/she feels the child should be transported by bus to the home.

4.

If no parent, guardian or designated emergency contact picks up the student at school, or if no parent/guardian or designated emergency contact will be home, the student will remain in the nurse's office until such time as a parent, guardian or designated emergency contact becomes available to assume responsibility for the child.

5.

The nurse will maintain appropriate records of all student visits.

The district permits the administration of opioid antagonists, such as naloxone, to prevent opioid overdose, pursuant to policy 8121.1, Opioid Overdose Prevention. District staff shall follow all regulations regarding the storage, accessibility, administration, recordkeeping, and reporting of naloxone use. E.

Health History Form

All students shall have on file a medical emergency record which shall state the name and telephone numbers of the following: 1. 2. 3. 4. 5. 6.

the student's parent(s) or guardian(s) at home and work; the student's next of kin; a neighbor; the student’s licensed health care provider; preferred hospital; any allergies or serious health conditions.

ESMCSD Policy Book

5420-R Students diagnosed with diabetes shall have a written diabetes management plan maintained as part of the student’s cumulative health record. The management plan shall be developed in accordance with state regulation and district procedures. Students diagnosed with asthma or other respiratory disease requiring a rescue inhaler, students diagnosed with life-threatening allergy, diabetes, seizure disorder may have an emergency action plan maintained as part of the student’s cumulative medical record. The emergency Healthcare Plan will be developed in accordance with state regulation and district procedures. F.

Student Return to School after Illness/Injury

In general, students should be symptom-free before returning to school and resuming normal activities. In some instances, students may be asked to provide a note from their licensed health care provider before they return to school or participate in the full range of school activities. The final decision to permit participation rests with the school physician. The Superintendent, in consultation with the school physician, nurse and other appropriate staff, will develop protocols to address a student’s return to activities, or transition plan when there has been a serious illness or injury. Adoption date: January 25, 2017

ESMCSD Policy Book

5440.1 ALCOHOL CONSUMPTION BY STUDENTS AND BREATHALYZER REGULATIONS The Board of Education recognizes that the use of alcohol by minors represents a serious threat to the welfare of its students. The possession, transportation, and/or distribution of alcoholic beverages during school hours or during school sponsored activities and events, whether on or off school grounds, are strictly prohibited. The consumption of alcohol by students during school hours, or during school sponsored activities and events, and the presence of students who have consumed alcohol on school grounds, at any time, or during school sponsored activities or events on or off school grounds, is strictly prohibited. Therefore, to promote a safe, healthy and productive environment, the District implements the following testing policy with respect to students suspected of consumption of alcohol. 1.

A school official who has a reasonable suspicion that a particular student has consumed alcohol during school hours or during a school sponsored event on or off school grounds shall recommend to the Administrator in charge the use of breathalyzer testing to determine such consumption. Reasonable suspicion shall be based on objective criteria including, but not limited to, admissions, reliable statements of others, alcohol smell on the breath, impairment of motor control and other outward signs of alcohol use or intoxication. The District shall maintain an appropriately calibrated breathalyzer testing device and shall provide for training of employees in its use. The term “school official” shall be limited to nurses, teachers and administrators.

2.

A student present during a school sponsored event, either on-campus or off-campus, who is believed to have consumed alcohol prior to or during the event will be discretely escorted to a secure location. Two school officials should escort the student unless circumstances dictate that only one school official is available. The test shall be administered by a trained school official. The student will be granted an opportunity to be heard concerning justification for a positive test result. After due consideration of the student’s rationale, if any, the school official shall make an immediate determination whether to exclude the student from the event. If alcohol use has been determined, the student’s parents or person in parental relation shall be immediately notified. Students identified as having consumed alcohol shall be detained under observation of one or more school officials until a parent or person in parental relation is available to transport the student home. The student’s conduct shall be referred to the Building Principal and/or Superintendent of Schools for further action pursuant to the district’s Code of Conduct and/or Section 3214 of the Education Law. Negative test results shall be considered in making a determination whether to proceed further.

3.

A student present during an extracurricular, co-curricular or sports activity believed to have consumed alcohol will be discretely escorted to a secure location. Two school officials should escort the student unless circumstances dictate that only one school

ESMCSD Policy Book

5440.1 official is available. The test shall be administered by a trained school official. The student will be granted an opportunity to be heard concerning justification for a positive test result. After due consideration of the student’s rationale, if any, the school official shall make an immediate determination whether to exclude the student from that day’s extracurricular, co-curricular or sports activities. If alcohol use has been determined, the student’s parents or person in parental relation shall be immediately notified. Students identified as having consumed alcohol shall be detained under observation of one or more school officials until a parent or person in parental relation is available to transport the student home. The student’s conduct shall be referred to the Building Principal and/or Superintendent of Schools for further action pursuant to the district’s Code of Conduct and/or Section 3214 of the Education Law. Negative test results shall be considered in making a determination whether to proceed further. 4.

During the regular school day, a student believed to have consumed alcohol or believed to be intoxicated will be discretely escorted to a secure location by at least two school officials. A student believed to be intoxicated during regular school hours shall be escorted to a secure location. Two school officials should escort the student unless circumstances dictate that only one school official is available. The test shall be administered by a trained school official. The student will be granted an opportunity to be heard concerning justification for a positive result. If alcohol use has been determined, the student’s parents or person in parental relation shall be immediately notified. Students identified as having consumed alcohol shall be excluded from class and detained under observation by one or more school officials until a parent or person in parental relation is available to transport the student home. The student’s conduct shall be referred to the Building Principal and/or Superintendent of Schools for further action pursuant to the district’s Code of Conduct and/or Section 3214 of the Education Law. Negative test results shall be considered in making a determination whether to proceed further.

5.

In the event that a student refuses the administration of a breathalyzer test in any of the circumstances described in paragraphs 2, 3, or 4 above, the student shall be presumed to have consumed alcohol. The matter shall be processed under paragraphs 2, 3 or 4 in the same manner as if a positive breathalyzer test result had been obtained.

6.

The procedures and protocol for administration of this policy and Breathalyzer testing permitted hereunder, together with the processing of students, shall be established by administrative regulation issued by the Superintendent of Schools.

As noted above, the consumption, possession, transportation and/or distribution of alcoholic beverages during school hours, on school property, or during school sponsored activities and events is strictly prohibited. Any student determined to have consumed, possessed, transported

ESMCSD Policy Book

5440.1 and/or distributed alcoholic beverages during school hours, or during school sponsored activities and events shall be subject to immediate suspension and further discipline as provided the district’s Code of Conduct and/or in section 3214 of the Education Law of the State of New York. Adoption date: April 18, 2007

ESMCSD Policy Book

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. In the event such notice is received by the District, the Superintendent shall determine whether and to whom such information may be made available. The Superintendent or his/her designee shall take reasonable steps to ensure that the information is conveyed in a lawful and appropriate manner consistent with the best interests of the students of the District and community. 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: September 17, 2008

ESMCSD Policy Book

5450.1-E NOTIFICATION OF SEX OFFENDERS EXHIBIT Dear Parents and Guardians, In accordance with New York State's Sex Offender Registration Act, local law enforcement agencies at their discretion, notify school administrators of sex offenders living or working in this district. Such information may include the offender's address or zip code, photograph, crime of conviction, modus of operation, type of victim targeted and the description of any special conditions imposed on the offender. All information the district receives from local law enforcement will be posted in an appropriate location in all district buildings, and will be available to you upon request. In addition, any information received will be circulated to all staff who 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, and coaches. All other staff members will be informed of the availability of the information. All staff have been directed to notify their supervisor if they observe any suspicious person(s) in an area where children congregate, and law enforcement officials will be notified if cases where the circumstances warrant it. We are dedicated to the safety of our children while they're in school. All of our schools have strict sign-in/sign-out procedures for our students, and all visitors must first report to the school's main office for a visitor's pass. In addition, our school curriculum includes teaching personal safety and stranger awareness skills. We encourage you to talk to your children about personal safety. Books and other resources are available from school counselors, if necessary. Specific questions about this matter may be directed to [Name, address and telephone of local law enforcement]. Please be assured that the school district will continue to take responsible and appropriate measures to protect our students. Very truly yours,

Superintendent of Schools Adoption date: September 17, 2008

ESMCSD Policy Book

5460 CHILD ABUSE, MALTREATMENT OR NEGLECT IN A DOMESTIC SETTING The Board of Education recognizes that because of their sustained contact with school-aged children, employees are in an excellent position to identify abused, maltreated or neglected children and refer them for treatment and protection. The Board further recognizes the specific dictates of law which require school officials to report suspected instances of child abuse, maltreatment (which includes neglect) in a domestic setting. The purpose of mandatory reporting is to identify suspected abused and maltreated children as soon as possible, so that such children determined to be abused or maltreated can be protected from further harm and, where appropriate, can be offered services to assist him or her and his or her family. School officials, who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment, must immediately report this to the New York State Central Register for Child Abuse and Maltreatment (Central Register), as required by law. No conditions may be imposed which limit their responsibility to report. A school official is defined as:        

Teacher Guidance counselor Psychologist Nurse Social Worker Full or part-time paid athletic coach Administrator Any school personnel required to hold a teaching or administrative license or certificate.

The school official will also report the matter to the Building Principal. The report shall be made by telephone or by telephone facsimile machine on a form supplied by the Commissioner of Social Services. A written report shall be made within forty-eight hours to the appropriate local child protective service, and to the statewide Central Register. School employees who are not school officials, as defined above, but who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment are encouraged to report to the Central Register. However, the school employee must report the matter to the Building Principal. If the matter has not yet been reported to the Central Register, the Building Principal shall make the report, in accordance with state law. In being required to file such report, the Building Principal does not have discretion.

ESMCSD Policy Book

5460 School employees or 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 school official who fails to report an instance of suspected child abuse or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the damages caused by the failure to report. The law grants immunity to persons who, in good faith, report instances of child abuse from any liability. School employees will not be subject to retaliatory action, as defined in state law, as a result of making a report when they reasonably suspect that a child has been abused or maltreated. The Board recognizes that knowingly reporting a false claim of child abuse is a violation of state law and this policy acknowledges that it is a crime to do so. The district will make every reasonable effort to ensure the integrity of the district’s child abuse reporting process and procedure. School District Relationship with Local Social Service District The school district will cooperate to the extent possible with authorized child protective services workers in investigations of alleged child abuse. The Superintendent, or his or her designee, will represent the district when collaborating with local social service agencies to address instances of abuse or maltreatment, and in the development of policy and procedures regarding abuse or maltreatment (including educational neglect). In addition, the Superintendent will share a copy of the district’s attendance policy, 5100, with the local social service district. Training Program and Dissemination of Information The school district shall maintain an ongoing training program which will address the identification and reporting of child abuse and maltreatment, including the legal implications of reporting and not reporting. Attendance at sessions of this training program shall be required of all school officials. Attendance records shall be kept, and notations will be made in personnel files as to the dates of attendance. The Superintendent shall develop, with input from appropriate personnel, a plan for implementation of such a training program, to be approved by the Board. In addition, the policy and regulations will be included in all employee handbooks and distributed annually to all school officials who are not covered under existing handbooks. The Superintendent will prepare and implement all regulations as are necessary to accomplish the intent of this policy.

ESMCSD Policy Book

5460 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. Cross-ref: Ref:

Attendance, 5100

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-l; 3209-a, 3036 Penal Law 240.50 8 NYCRR §100.2(nn)

Adoption date: September 6, 2017

ESMCSD Policy Book

5460-R Child Abuse, Maltreatment or Neglect in a Domestic Setting REGULATION New York State Law (Child Protective Service Act of 1973, as amended) provides for reporting of suspected cases of child abuse by school officials. These regulations are designed to implement this law within the district and to help protect students from the harmful effects of child abuse. Definitions The definition of child abuse and maltreatment is established by law. Abused Child, according to Social Services Law and the Family Court Act, is a child less than 18 years of age whose parent or other person legally responsible for his or her care: a.

inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; or

b.

creates or allows to be created a substantial risk of physical injury to such a child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ; or

c.

commits, or allows to be committed, a sex offense against such child, as defined in the penal law, provided, however, that the corroboration requirements contained therein shall not apply to proceedings under this article.

Neglected or maltreated child, according to the Family Court Act, is a child less than 18 years of age: a.

whose physical, mental, or emotional condition has been impaired or is in danger of becoming impaired as a result of the failure of his or her parents or other person legally responsible for his care to exercise a minimum degree of care:

(1)

ESMCSD Policy Book

in supplying the child with adequate food, clothing, shelter, or education in accordance with provisions of Part One, Article 65 of the Education Law, or medical, dental, optometrical or surgical care though financially able to do so or offered financial or other reasonable means to do so; or

5460-R In order for a report of educational neglect to be accepted, three elements need to be established:

(2)

b.

a.

Excessive absence from school by the child

b.

Reasonable cause to suspect that the parent is aware or should have been aware of the excessive absenteeism and the parent has contributed to the problem or is failing to take steps to effectively address the problem, and;

c.

Reasonable cause to suspect educational impairment or harm to the child or imminent danger of such impairment or harm.

in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by using a drug or drugs; or by using alcoholic beverages to the extent that he/she loses self-control of his/her actions; or by any other acts of a similarly serious nature requiring the aid of the court; or

who has been abandoned by his/her parent(s) or other person legally responsible for his/her care.

Person legally responsible includes the child's custodian, guardian, or any other person responsible for the child's care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child. Impairment of emotional health and impairment of mental or emotional condition includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out of misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the parent, guardian, or custodian to exercise a minimum degree of care toward the child. Reporting procedures and related information: 1.

All school officials must, when they have reasonable cause to suspect that a child is abused or maltreated, report it to the New York State Central Register for Child Abuse and Maltreatment (800-342 3720). A school official, under state law, is defined as:  

ESMCSD Policy Book

Teacher Guidance counselor

5460-R      

Psychologist Nurse Social Worker Full or Part-time athletic coach Administrator Any school personnel required to hold a teaching or administrative license or certificate.

Personnel have the right to request that information which would identify the individual making the report be withheld if furnishing such data might prove detrimental to the safety or interest of that individual. 2.

The school official must also report the matter to the Building Principal who will determine if any additional steps need to be taken by the school district (for instance, contacting the school physician, social worker or other support services).

3.

In the event that a school employee, who is not required to report under the law (such as a bus driver, custodian, cafeteria monitor, etc.), has reasonable cause to suspect that a child is abused or neglected, he/she is encouraged to make a report to the Central Register. The employee must, by district policy, report the matter to the Building Principal.

4.

If the Building Principal is informed of a case of suspected child abuse or maltreatment that has not yet been reported to the Central Register, the Building Principal is required to:

5.

(a)

phone the New York State Central Register for Child Abuse and Maltreatment (800-342 3720) and inform them verbally of the problem; or

(b)

contact the above agency by telephone facsimile machine on a form supplied by the Commissioner of Social Services; and

(c)

file a written report with the local child protective services agency and the Central Register within forty-eight hours after the above report; and,

(d)

determine if additional steps need to be taken by the school district, as outlined in step 2 above.

The Building Principal may take color photographs or cause photographs to be taken of the areas of visible trauma on the child, and/or, if medically indicated, cause an examination to be performed. Such actions may be performed at public expense if they will provide appropriate documentation when filing the report. Photographic equipment shall be kept at the school and be available for this purpose.

ESMCSD Policy Book

5460-R 6

The written report that must be filed shall include all information which the Commissioner of Social Services may require.

7.

If it should be necessary for Child Protective Services to interview a child at school to ascertain whether he/she has been abused or maltreated, or to obtain documentation of such acts, the interview should be conducted in the presence of a school official, unless circumstances require otherwise. The school official shall examine and verify the credentials of Child Protective Services worker(s) before allowing such worker(s) to either interview the child or to examine the child's records. If sexual abuse is indicated, the presence of a same-sex staff member during the interview is appropriate.

8.

The Building Principal shall request a summary report of the investigation of a case referred to Child Protective Services so the district can take appropriate next steps.

9.

The district shall maintain an ongoing training program which will address identification and reporting of child abuse and maltreatment. Attendance at sessions of this training program shall be required of all school officials.

10.

Employee handbooks shall include a copy of these regulations and the related Board policy concerning child abuse and reporting requirements.

11.

Only one report of any suspected abuse is required.

12.

School personnel who, in good faith, make a report or take photographs of injuries and bruises have immunity from any liability, civil or criminal. The good faith of any person required to report cases of child abuse or maltreatment is presumed.

13

School personnel who have reasonable cause to suspect that a child has died as a result of child abuse or maltreatment shall report that fact to the appropriate medical examiner or coroner.

14

Any person required to report suspected cases of child abuse or maltreatment and who fails to do so may be found guilty of a class A misdemeanor and may be held civilly liable for the damages caused by this failure.

15.

Any school employee who fails to comply with this policy is subject to discipline in accordance with collective bargaining agreements and/or policy.

Adoption date: February 11, 2015

ESMCSD Policy Book

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 shall be consistent with state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations. The Board also recognizes its responsibility to ensure the orderly retention and disposition of the district’s student records in accordance with Schedule ED-1 as adopted by the Board in policy 1120. The District will use reasonable methods to provide access to student 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 shall be responsible for ensuring that all requirements under law and the Commissioner’s regulations are carried out by the district. Definitions Authorized Representative: an authorized representative is any individual or entity designated by a State or local educational authority or a Federal agency headed by the Secretary, the Comptroller General or the Attorney General to carry out audits, evaluations, or enforcement or compliance activities relating to educational programs. Education Record: 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: (a)

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);

(b)

records of the district’s law enforcement unit;

(c)

grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student: a student who has reached the age of 18 or is attending postsecondary school. Legitimate educational interest: a school official has a legitimate educational interest if they need to review a student’s record in order to fulfill his or her professional responsibilities.

ESMCSD Policy Book

5500 Personally identifiable information: 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. School official: 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 his or her tasks. Third party contractor: is any person or entity, other than an educational agency, that receives student data or teacher or principal data from an educational agency pursuant to a contract or other written agreement for purposes of providing services to such educational agency, including but not limited to data management or storage services, conducting studies or audit or evaluation of publicly funded programs. Annual Notification At the beginning of each school year, the district 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 thirdparty contractors.(see 5500-E.4) The notice and ‘Bill of Rights’ may be published in a newspaper, 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: 1. 2. 3. 4.

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 United States 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 New York State Education Department’s Chief Privacy Officer for failure to comply with state law.

The annual notice and Parents’ Bill of Rights will inform parents/guardians and students: 1.

that it is the district’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the district whom the district has

ESMCSD Policy Book

5500 determined to have legitimate educational interests. official’ and ‘legitimate educational interest.’

The notice will define ‘school

2.

that, upon request, the district will disclose education records without consent to officials of another school district in which a student seeks to or intends to enroll or is actually enrolled.

3.

that personally identifiable information will be released to third party authorized representatives for the purposes of educational program audit, evaluation, enforcement or compliance purposes.

4.

that the district, at its discretion, releases directory information (see definition below) without prior consent, unless the parent/guardian or eligible student has exercised their right to prohibit release of the information without prior written consent. The district will not sell directory information.

5.

that, upon request, the district will disclose a high school student’s name, address and telephone number to military recruiters and institutions of higher learning unless the parent or secondary school student exercises their right to prohibit release of the information without prior written consent.

6.

of the procedure for exercising the right to inspect, review and request amendment of student records.

7.

that the district will provide information as a supplement to the ‘Parents’ Bill of Rights’ about third parties with which the district contracts that use or have access to personally identifiable student data.

The district may also release student education records, or the personally identifiable information contained within, without consent, where permitted under federal law and regulation. For a complete list of exceptions to FERPA’s prior consent requirements see accompanying regulation 5500-R, Section 5. The district shall effectively notify parents, guardians and students who have a primary or home language other than English. In the absence of the parent or secondary school student exercising 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 (5) above. Directory Information The district has the option under FERPA of designating certain categories of student information

ESMCSD Policy Book

5500 as “directory information.” The Board directs that “directory information” include a student’s:  

            

Name ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems (only if the ID cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the student’s identity), Address, Telephone number Date and place of birth Major course of study Participation in school activities or sports Weight and height if a member of an athletic team Dates of attendance, Degrees and awards received Most recent school attended Grade level Photograph E-mail address Enrollment status

Social security numbers or other personally identifiable information will not be considered directory information. Students who opt out of having directory information shared are still required to show their student ID cards. Once the proper FERPA notification is given by the district, a parent/guardian or student will have 14 days to notify the district of any objections 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. Cross-ref:

Ref:

1120, School District Records 4321, Programs for Students with Disabilities Under IDEA and Part 89 5550, Student Privacy

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;

ESMCSD Policy Book

5500 Public Officers Law §87(2)(a) Arts and Cultural Affairs Law, Article 57-A (Local Government Records Law) 8 NYCRR 185.12 (Appendix I) Records Retention and Disposition, Schedule ED-1 for Use by School Districts and BOCES “Guidance for Reasonable Methods and Written Agreements,” http://www2.ed.gov/policy/gen/guid/fpco/pdf/reasonablemtd_agreement.pdf Parents’ Bill of Rights for Data Privacy and Security, July 29, 2014: http://www.p12.nysed.gov/docs/parents-bill-of-rights.pdf Family Policy Compliance Office website: http://www2.ed.gov/policy/gen/guid/fpco/index.html Adoption date: October 22, 2014

ESMCSD Policy Book

5500-R STUDENT RECORDS REGULATION It is recognized that the confidentiality of student records must be maintained. The terms used in this regulation are defined in the accompanying policy. The following necessary procedures have been adopted to protect the confidentiality of student records. Section 1. Pursuant to the Family Educational Rights and Privacy Act (FERPA) and state law it shall be the policy of this school district to permit parents/guardians and eligible students to inspect and review any and all official records, files and data directly related to that student, including all materials that are incorporated into each student's cumulative record folder. The rights created by FERPA and state law transfer from the parents/guardians to the student once the student attains eligible student status. However, districts can disclose information to parents of eligible students under certain circumstances, including when the student is a dependent under the IRS tax code, when the student has violated a law or the school’s rules regarding alcohol or substance abuse (and the student is under 21); when the information is needed to protect the health or safety of the student or other individuals. Section 2. Parents/guardians or the eligible student will have an opportunity for a hearing to challenge the content of the student's school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein. Section 3. A letter shall be sent annually to parents/guardians of students currently in attendance and students currently in attendance informing them of their rights pursuant to FERPA and state law, and will include a Parents’ Bill of Rights. See Exhibits 5500-E.1 and 5500-E.4. The district shall effectively notify parents, guardians and students who have a primary or home language other than English. Section 4. To implement the rights provided for in sections 1 and 2, the following procedures are adopted: 1.

A parent/guardian or an eligible student who wishes to inspect and review student records shall make a request for access to the student's school records, in writing, to the Building Principal. Upon receipt of such request, arrangements shall be made to provide access to such records within 45 days after the request has been received. If the record to which access is sought contains information on more than one student, the parent/guardian or eligible student will be allowed to inspect and review only the specific information about the student on whose behalf access is sought.

2.

A parent/guardian or an eligible student who wishes to challenge the contents of the student's school records shall submit a request, in writing, to the Building Principal identifying the record or records which they believe to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student together with a statement of the reasons for their challenge to the record.

ESMCSD Policy Book

5500-R 3.

Upon receipt of a written challenge, the Building Principal shall provide a written response indicating either that he/she: a.

finds the challenged record inaccurate, misleading or otherwise in violation of the student’s rights and that the record will be corrected or deleted; or

b.

finds no basis for correcting or deleting the record in question, but that the parent/guardian or eligible student will be given an opportunity for a hearing. The written response by the Building Principal shall be provided to the parent/guardian or eligible student within 14 days after receipt of the written challenge. The response shall also outline the procedures to be followed with respect to a hearing regarding the request for amendment.

4.

Within 14 days of receipt of the response from the Building Principal, a parent/guardian or eligible student may request, in writing, that a hearing be held to review the determination of the Building Principal.

5.

The hearing shall be held within 10 days after the request for the hearing has been received. The hearing will be held by the Superintendent of Schools, unless the Superintendent has a direct interest in the outcome of the hearing, in which case the Superintendent will designate another individual who does not have a direct interest in the outcome of the hearing to hold the hearing.

6.

The parent/guardian or eligible student shall be given a full and fair opportunity to present evidence at the hearing. The parent/guardian or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.

7.

The Superintendent or other individual designated by the Superintendent will make a decision in writing within 14 days after the hearing.

8.

After the hearing, if the Superintendent or the individual designated by the Superintendent decides not to amend the record, the district will inform the parent/guardian or eligible student that they have the right to place a statement in the record commenting on the contested information or stating why he/she disagrees with the decision of the district. Any statement placed in the record will be maintained with the contested part of the student record for as long as the record is maintained. Further, the statement will be disclosed by the district whenever it discloses the portion of the record to which the statement relates.

Section 5. Except to the extent that FERPA authorizes disclosure of student records without consent, student records, and any material contained therein which is personally identifiable, are confidential and will not be released or made available to persons other than parents/guardians or eligible students without the prior written consent of the parents/guardians or eligible student.

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5500-R Exceptions to FERPA’s prior consent requirement include, but are not limited to disclosure: 1.

To other school officials within the district who have been determined to have legitimate educational interests.

2.

To officials of another school, school system or post secondary institution where the student seeks or intends to enroll.

3.

To authorized representatives of the Comptroller General of the United States, the U.S. Secretary of Education, the U.S. Attorney General, or state and local education authorities in connection with an audit or evaluation of a federal- or state-supported education program or in compliance with legal requirements related to those programs.

4.

In connection with the student’s application for or receipt of financial aid.

5.

To state and local officials or authorities in compliance with state law that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are being released.

6.

To organizations conducting studies for, or on behalf of, education agencies or institutions, in order to develop tests, administer student aid, or improve instruction.

7.

To accrediting organizations to carry out their accrediting functions.

8.

To parents of a dependent student, as defined by the Internal Revenue Code.

9.

To comply with a judicial order or lawfully issued subpoena, including ex parte court orders under the USA Patriot Act. Prior to complying with a judicial order or subpoena, the district will make a reasonable effort to notify the parent/guardian or eligible student, unless the district has been ordered not to disclose the existence or content of the order or subpoena, or unless the parent is the subject of a court proceeding involving child dependency or child abuse and neglect matters, and the order is issued in context of that proceeding.

10.

In connection with a health or safety emergency, the district will disclose information when, taking into account the totality of circumstances, a determination is made that there is an articulable and significant threat to the health or safety of the student or other individuals.

11.

To teachers and school officials in other schools who have legitimate educational interests in the behavior or the student when the information concerns disciplinary action taken against the student for conduct that posed a significant risk to the safety or wellbeing of that student, other students, or other members of the school community.

12.

To provide information that the district has designated as “directory information.”

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5500-R 13.

To provide information from the school’s law enforcement unit records.

14.

To a court, when the district is involved in legal action against a parent or student, those records necessary to proceed with the legal action.

15.

To the U.S. Secretary of Agriculture, its authorized representatives from the Food and Nutrition Service, or contractors acting on its behalf, to monitor, evaluate and measure performance of federally-subsidized school food programs, subject to certain privacy protections.

16.

To any caseworker or representative of a state or local child welfare agency or tribal organization who has the right to access a student’s case plan, where the agency or organization is legally responsible for the care and protection of that student, not to be redisclosed except as permitted by law.

The district will use reasonable methods to provide access to student educational records to only those authorized under the law and to authenticate the identity of the requestor. The district will use an array of methods to protect records, including physical controls (such as locked cabinets), technological controls such as role-based access controls for electronic records, password protection, firewalls, encryption, and administrative procedures. The district will document requests for and release of records, and retain the documentation in accordance with law. If the district enters into a contract with a third party that calls for receipt of student PII by the contractor, the agreement shall include a data security and privacy plan that includes a signed copy of the Parents’ Bill of Rights and addresses the following, among other contractual elements: 1. training of vendor employees regarding confidentiality requirements; 2. limiting access to education records to those individuals who have a legitimate educational interest; 3. prohibiting the use education records for any other purpose than those authorized under the contract; 4. maintaining reasonable administrative, technical and physical safeguards to protect PII; 5. using encryption technology to protect data while in motion or in its custody to prevent unauthorized disclosure; 6. breach and notification procedures. The district will, via written agreements, designate authorized representatives who have access to educational records. The written agreement will specify how the work falls within the exception, what personally identifiable information is to be disclosed, how the educational record will be used, and that the records will be destroyed by the authorized representative once they are no longer needed for that purpose or the agreement expires.

ESMCSD Policy Book

5500-R Section 6. Whenever a student record or any material contained therein is to be made available to third persons, other than those covered by the exceptions authorized by FERPA, the parent/guardian or eligible student must file a written consent to such action. The written consent must specify the records to be released, the reasons for such release, and to whom. If the parent or eligible student so requests, the district will provide him or her with a copy of the records disclosed. In addition, if the parent of a student who is not an eligible student so requests, the district will provide the student with a copy of the records disclosed. Section 7. Unless specifically exempted by FERPA, all persons requesting access to such records will be required to sign a written form which indicates the legitimate educational interest that such person has in inspecting the records. Such form will be kept with the student's file and will be maintained with the student’s file as long as the file is maintained. Additional Rights Under New York State Law Related to the Protection of Student Data and Third Party Contractors. New York State Law offers parents additional rights beyond FERPA in regard to third party contractors and student PII. The district shall post on its website and distribute a ‘Parents’ Bill of Rights for Data Privacy and Security.’ The ‘Parents’ Bill of Rights’ shall establish the following: 

Educational purpose: The use of student personally identifiable information (PII) is for educational or related purposes only.



Transparency: Disclosure of third party contracts and their privacy provisions.



Authorization: Assurance that proper authorization will be secured prior to the release of PII.



Security: A description of the measures in place to protect PII, without compromising the security plan.



Data Breach Notification: An explanation of the procedures in the event of a data breach.



Complaint Procedure: The district offers a complaint procedure in the event that a parent suspects a breach of student data by a third party contractor and provides information about lodging a complaint with the New York State Education Department’s Chief Privacy Officer.

Retention and Disposition of Student Records The Board has adopted the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for district records. The Board directs all district officials to adhere to the schedule and all other relevant laws in retaining and disposing of student records. In accordance with Article 57-A, the district will dispose of only those records described in the schedule after they have met

ESMCSD Policy Book

5500-R the minimum retention periods set forth in the schedule. The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods. Adoption date: October 22, 2014

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5500-E.1 FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) NOTICE REGARDING ACCESS TO STUDENT RECORDS AND STUDENT INFORMATION Dear Parent or Eligible Student: This is to advise you of your rights with respect to student records pursuant to the Family Educational Rights and Privacy Act (FERPA). FERPA is a federal law designed to protect the privacy of student records. The law gives parents and students over 18 years of age (referred to in the law as “eligible students”) the following rights: 1.

The right to inspect and review the student’s education records within 45 days of the day the district receives a request for access. Parents or eligible students should submit to the Building Principal a written request that identifies the records they wish to inspect. The Principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

2.

The right to request the amendment of the student’s education records that the parent or eligible student believes is inaccurate or misleading or otherwise in violation of the student’s privacy under FERPA. Parents or eligible students may ask the district to amend a record that they believe is inaccurate or misleading by writing the Principal, clearly identifying the part of the record they want changed, and specifying why it is inaccurate or misleading. If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

3.

The right to provide written consent before the district discloses personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The exceptions, which permit disclosure without consent, include disclosure to school officials with legitimate educational interests or an authorized representative. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task(such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. 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

ESMCSD Policy Book

General or the Attorney General to carry out audits, evaluations, or enforcement or compliance activities relating to educational programs. Upon request, the district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. For a complete list of exceptions to FERPA’s prior consent requirements see regulation 5500-R, Section 5. 4.

The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The Office that administers FERPA is: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605

Attached to this notice are three other important documents related to student data privacy: 5500-E.2, Notification of Directory Information Designations; 5500-E.3, Opt Out of Release of Directory Information Form; and, 5500-E.4, Parents’ Bill of Rights for Data Privacy and Security. If you have questions about these notices, please contact me at (insert contact information) Sincerely, {Insert Building Principal’s Name Here} Adoption date: October 22, 2014

ESMCSD Policy Book

5500.E.2 SAMPLE NOTIFICATION – STUDENT PRIVACY (PPRA) Dear Parent/Guardian: The Board of Education recognizes that student privacy is an important concern of parents and the Board wishes to ensure that student privacy is protected pursuant to the Protection of Pupil Rights Amendment, as revised by the No Child Left Behind Act of 2001. To that end, the Board has revised a policy student privacy. Under the Protection of Pupil Rights Amendment, as revised by the No Child Left Behind Act, and the Eastport-South Manor Central School District policy on student privacy, you have the right to opt your child out of the following activities: 1.

The collection, disclosure and use of personal information gathered from students for the purpose of marketing that information. 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, such as: a. b. c. d.

e. f. 2.

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 schools; 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; and the sale by students of products or services to raise funds for school-related activities.

The administration of any survey revealing information concerning one or more of the following: a. b. c. d. e. f. g. h.

ESMCSD Policy Book

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).

3.

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. The term "invasive physical examination" means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injecting into the body, but does not include a hearing, vision or scoliosis screening. It does not apply to any physical examination or screening required or permitted under state law, including those permitted without parental notification.

At this time, we expect that activities related to the above-mentioned items will take place on or close to the following dates: {Insert list of marketing, survey and physical examination activities for which notice must be given.} Please review this list. If there are any activities you wish to “opt out” of on behalf of your child, please sign and return the attached form to the school within 10 days. If you have any questions about the district’s student privacy policy[ies] and your right to opt your child out of certain activities, please contact {insert name and telephone number of Building Principal}. Sincerely,

Building Principal Adopted: October 22, 2014

ESMCSD Policy Book

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 that reveals information concerning: 1.

political affiliations or beliefs of the student or the student's parent;

2.

mental or psychological problems of the student or the student's family;

3.

sex behavior or attitudes;

4.

illegal, anti-social, self-incriminating or demeaning behavior;

5.

critical appraisals of other individuals with whom respondents have close family relationships;

6.

legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;

7.

religious practices, affiliations or beliefs of the student or the student's parent; or

8.

income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

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.

ESMCSD Policy Book

5550 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: 1.

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: a.

College or other postsecondary education recruitment, or military recruitment;

b.

Book clubs, magazines and programs providing access to low-cost literary products;

c.

Curriculum and instructional materials used in schools;

d.

Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for students or to generate other statistically useful data for the purpose of securing such tests and assessments, and the subsequent analysis and public release of the aggregate data from such tests and assessments;

e.

Student recognition programs; and

f.

The sale by students of products or services to raise funds for schoolrelated 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. 2.

ESMCSD Policy Book

The administration of any survey revealing information concerning one or more of the following: a.

political affiliations or beliefs of the student or the student's parent;

b.

mental or psychological problems of the student or the student's family;

5500 c.

sex behavior or attitudes;

d.

illegal, anti-social, self-incriminating or demeaning behavior;

e.

critical appraisals of other individuals with whom respondents have close family relationships;

f.

legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;

g.

religious practices, affiliations or beliefs of the student or the student's parent; or

h.

income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

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. 3.

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. Cross-ref: Ref:

5420, Student Health Services 5500, Student Records

20 USC §1232h (No Child Left Behind Act) 34 CFR Part 98 Education Law §903

Adoption date: October 7, 2008

ESMCSD Policy Book

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. Reporting Requirement Each Building Principal shall be responsible for preparing on a monthly 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 and the Board of Education. 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. The Superintendent is responsible for assuring that the records are retained for the appropriate period. Confidentiality Any violent or disruptive incident report prepared in accordance with law shall be available for inspection by the State Education Department upon request. All names and other personally identifiable information included in any report shall be confidential and shall not be disclosed to any person for use by any person for purposes other than the reporting purposes in Education Law §2802, except as otherwise authorized by law. 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 ED-1)

Adoption date: October 7, 2008

ESMCSD Policy Book

Table of Contents (Series 6000) Policy Fiscal Management Goals ..............................................................................

6000

Budget Planning .............................................................................................

6110

Budget Planning Regulation ..........................................................................

6110-R

Budget Transfers ............................................................................................

6150

Senior Citizen Tax Exemption .......................................................................

6215

Investments ....................................................................................................

6240

Schedule of Eligible Securities ......................................................................

6240-E

Fund Balance Policy ……………………………………………………. ....

6245

Extra classroom Activities Fund ....................................................................

6250

Gifts and Grants .............................................................................................

6255

Authorized Signature .....................................................................................

6410

Fiscal Accounting and Reporting...................................................................

6600

Fixed Assets Accounting ...............................................................................

6645

Claims Auditor ...............................................................................................

6650

Claims Auditor Exhibit ..................................................................................

6650-E

Independent/External Audits .........................................................................

6660

External Audit Guidance for School District Officials ..................................

6660-E

Petty Cash/Petty Cash Accounts ....................................................................

6670

Petty Cash Accounts Regulation....................................................................

6670-R

Internal Audit Function ..................................................................................

6680

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Audit Committee ............................................................................................

6690

Audit Committee Charter Template...............................................................

6690-E

Purchasing ......................................................................................................

6700

Purchasing Regulation ...................................................................................

6700-R

Purchasing Exhibit .........................................................................................

6700 E.1

Purchasing Authority .....................................................................................

6710

Purchasing Procedures ...................................................................................

6740

Purchasing Procedures Regulation ................................................................

6740-R

Payroll Procedures .........................................................................................

6800

Expense Reimbursement ................................................................................

6830

Expense Reimbursement Regulation .............................................................

6830-R

Disposal of District Property ........................................................................

6900

ESMCSD Policy Book

6000 FISCAL MANAGEMENT GOALS The Board of Education recognizes excellent fiscal planning as a key factor in attaining the district's educational goals and priorities. The Board seeks to engage in thorough advance planning of budgets and to devise expenditures which achieve the greatest educational returns given the district's available resources. The Board’s establishment of sound fiscal management policies are based on the following tenets. 1.

All laws and regulations governing the use of public funds shall be strictly adhered to.

2.

All district monies shall be expended in an efficient and judicious manner, to bring the greatest benefit to the district.

3.

Funds for which the district has no immediate need shall be legally invested where they can bring a reasonable return.

4.

All receipts and expenditures shall be recorded fully and in the proper manner.

5.

The district shall seek and receive all state and federal funds for which it qualifies.

6.

All funds, including cash in buildings, extra-classroom account funds, gifts, and bequests shall be provided maximum protection from misappropriation.

7.

A formal process shall be developed linking fiscal resources and program priorities to the budget.

8.

The budget shall reflect the views of administrators, teachers, students, and taxpayers in translating the educational needs and aspirations of the community in a composite financial plan.

9.

To the extent possible, program evaluation shall be used to assess the effectiveness of all educational programs provided to district students, and future appropriations shall be adjusted accordingly.

Adoption date: November 5, 2008

ESMCSD Policy Book

6110 BUDGET PLANNING The Superintendent of Schools, with the assistance of the School Business Official, shall be responsible for preparation of the budget. This shall include developing a budget calendar in accordance with regulation 6110-R, and adhering to that calendar. The budget calendar shall be approved by the Board of Education in advance of the preparation of the district’s annual budget. The budget shall be designed to reflect the Board’s objectives for the education of the children of the district. It shall be carefully organized and planned to provide adequate accounting for each program expenditure, including costs of anticipated program developments. To assist in budget and long-range planning, ongoing studies of the district’s educational programs will include estimates of the fiscal implications of each program. The budget for the ensuing school year shall be thoroughly reviewed by the Board before its presentation to the voters for final adoption. Cross-ref: 2260, Citizens Advisory Committees Ref: Education Law 1608(2)-(4); 1716(2)-(4); 2004(1); 2022(2); 2601-a Fiscal Management (NYSSBA, 1997) Adoption date: November 5, 2008

ESMCSD Policy Book

1804(4); 1906(1); 2002(1); 2003(1);

6110-R BUDGET PLANNING REGULATION The budget calendar prepared by the Superintendent of Schools shall include: 

a schedule which sets forth all important meetings and dates, including deadlines for budget proposals from within the district;



commencement dates and deadlines for certain budgetary tasks such as the estimation of all revenues and income expected to be received by the district;



events such as the preliminary dates for the Board of Education’s consideration of the tentative budget.

The budget calendar will also identify each individual by name who is assigned to perform a particular task with regard to the development of the budget. As part of the budget planning process, the Superintendent or School Business Official will evaluate: 

the educational philosophy, goals and objectives of the district and their modification where required;



the district education program and support systems such as transportation and business affairs;



census and enrollment projections;



the condition of the physical plant for operation and maintenance needs and new construction;



debt service schedules;



estimated revenue from sources other than the property tax, such as state and federal aid.

Adoption date: November 5, 2008

ESMCSD Policy Book

6150 BUDGET TRANSFERS The transfer of funds between and within functional unit appropriations of the General Fund is commonly required during the school year. The Superintendent of Schools, or designee, in accordance with the regulations of the Commissioner of Education, is authorized to make budget transfers from one functional object appropriation to another functional object appropriation as per SED classifications: (i) from July 1 through receipt of the final audit report when necessary as part of the end-of- year process of closing out the books from the prior fiscal year which may exceed $10,000; and (ii) at any other time of year so long as the transfer for any one item does not exceed $10,000. The Superintendent will report all transfers from one functional object appropriation to another functional object appropriation in excess of $10,000 to the Board of Education.

Ref:

Education Law §1718 8 NYCRR §170.2(l)

Adoption date: July 26, 2017

ESMCSD Policy Book

6215 SENIOR CITIZEN TAX EXEMPTION Real property used exclusively for residential purposes and owned by one or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by a husband and wife, one of whom is sixty-five (65) years of age or over, shall be exempt from taxation to the extent of fifty percent (50%) of the assessed valuation if their income meets the statutory requirements set forth in Section 467 of the Real Property Tax Law of the State of New York in effect for the income tax year of application . The real property tax exemption of real property owned by husband and wife, when one of them is sixty-five (65) years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least sixty-two (62) years of age. Ref: Real Property Tax Law §467 Adoption date: November 5, 2008

ESMCSD Policy Book

6240 INVESTMENTS SCOPE This investment policy applies to all moneys and other financial resources available for investment on behalf of the Eastport-South Manor Central School District Board of Education. OBJECTIVES The primary objectives of the district’s investment activities are:    

to conform with all applicable federal, state, and other legal requirements (legal); to adequately safeguard principal (safety); to provide sufficient liquidity to meet all operating requirements (liquidity); and to obtain a reasonable rate of return (yield).

DELEGATION OF AUTHORITY The Board of Education’s responsibility for administration of the investment program is delegated to the District’s Treasurer in consultation with the Assistant Superintendent for Business who shall establish procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a database of records incorporating description and amounts of investments, transaction dates, and other relevant information, and regulate the activities of subordinate employees. PRUDENCE All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the school district’s ability to govern effectively. Investments shall be made with judgment and care, under circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

ESMCSD Policy Book

6240 DIVERSIFICATION It is the policy of the Eastport-South Manor Central School District to diversify whenever possible, deposits and investments by financial institution, by investment, and by maturity scheduling. INTERNAL CONTROLS The District’s Treasurer is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that the transactions are executed in accordance with management’s authorization and recorded property, and are managed in compliance with applicable laws and regulations. DESIGNATION OF DEPOSITORIES Banks, trust companies, and investment cooperatives authorized for the deposit of moneys will be designated at the annual organizational meeting of the Board of Education.: COLLATERALIZING OF DEPOSITS In accordance with the provisions of General Municipal Law § 10, all deposits of the EastportSouth Manor Central School District, including certificates of deposit and special time deposits, in excess of the amount of said deposit actually insured under the provision of the Federal Deposit Insurance Act, shall be secured by a pledge of “eligible securities” with an aggregate “market value” as provided by General Municipal Law § 10, equal to the aggregate amount of deposits from: obligations issued, or fully insured or guaranteed as to the payment of principal and interest by the United States of America, or an agency thereof, or obligations issued or fully insured or guaranteed by the State of New York or subdivisions thereof. (see exhibit) SAFEKEEPING AND COLLATERALIZATION Eligible securities used for collateralizing deposits shall be held by a third party bank or trust company subject to security and custodial agreements. The security agreement shall provide the eligible securities are being pledged to secure school district deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released, and the events which will enable the Eastport-South Manor Central School District to exercise their rights against the pledged securities. In the event that the securities are not registered or inscribed in the name of the school district, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Eastport- South Manor Central School District or their custodial bank.

ESMCSD Policy Book

6240 The custodial agreement shall provide that securities held by the bank or trust company, or agent of the custodian for, the Eastport-South Manor Central School District will be separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the banking for any other deposit or other liabilities. The agreement should also provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities. Whenever eligible securities delivered to a custodial bank or trust company as set forth herein above are transferred to entries on the books of a federal reserve bank or other book entry system operated by a federally regulated entity without physical delivery of the evidence of such obligations, the records of the custodial bank or trust company shall show, at all times, the interest of the District in such securities as set forth in the security agreement. Recognition is given to the fact that investments with the Cooperative Liquid Assets Securities System are covered by a “Master Repurchase Agreement”. The Cooperative is governed by General Municipal Law §11, permissible investments, and authorization for local government participation is contained in Article 5G, Section 199-o. PERMITTED INVESTMENTS As authorized by General Municipal Law §11, the Eastport-South Manor Central School District authorize their District Treasurer to invest moneys not required for immediate expenditure for terms not to exceed the projected cash flow needs of their District in the follow types of investments:    

Special time deposit accounts; Certificates of deposits; Obligations of the United States of America; Obligations guaranteed by agencies of the United States of America where the payments of principal and interest are guaranteed by the United States of America;  Obligations of the State of New York.

All investment obligations shall be payable or redeemable at the option of the District within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the District within two years of the date of purchase. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The school district shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer. All financial institutions with which the local governments conduct business must be credit worthy. Banks shall provide their most recent

ESMCSD Policy Book

6240 Consolidated Report of Condition (Call Report) at the request of the District. Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank as primary dealers. The Treasurer is responsible for evaluating the financial position and maintaining a listing of proposed depositories, trading partners, and custodians. Such listing shall be evaluated at least annually prior to the Organization Meeting of the Board. PURCHASING OF INVESTMENTS The District Treasurer is authorized to contract for the purchase of investments: A. Directly, including through a repurchase agreement, from authorized trading partners; B. By participation in a cooperative investment program with other authorized governmental entities pursuant to Article G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the affected Board. All purchase obligations, unless registered or inscribed in the name of the District, shall be purchased through, delivered to, and held in the custody of a bank or trust company. Such obligations shall be purchased, sold, or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the District by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law §10. The custodial agreement shall provide that securities held by the bank or trust company, as agent of, and custodian for the District, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall include all provisions necessary to provide the District a perfected interest in the securities. REPURCHASE AGREEMENT Repurchase agreements are authorized subject to the following restrictions:  All repurchase agreements must be entered into subject to a Master Repurchase Agreement.  Trading partners are limited to banks and trust companies authorized to do business in New York State and primary reporting dealers.  Obligations shall be limited to obligations of the United States of America and obligations guaranteed by agencies of the United States of America.  

ESMCSD Policy Book

6240  No substitute of securities will be allowed.  The custodian shall be a party other than the trading partner. Ref: Education Law 1604-a; 1723-a; 3651; 3652 Local Finance Law 24.00, 25.00, 165.00 General Municipal Law 6(d), 6(j); 6 (l-n, p,r); 10; 11; 39 Adoption date: November 19, 2008

ESMCSD Policy Book

6240-E SCHEDULE OF ELIGIBLE SECURITIES *(i)

Obligations issued or fully insured or guaranteed as to the payment of principal and interest by the United States of America, an agency thereof or a United States government sponsored corporation.

*(ii)

Obligations issued or fully insured or guaranteed by the State of New York. Obligations issued by a municipal corporation, school district or district corporation of such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposits of public moneys. *margins of 102%

ESMCSD Policy Book

6245 Fund Balance Policy GASB has issued Statement No. 54, Fund Balance Reporting and Governmental Fund Types Definitions (GASB 54). The objective of this Statement 54 is to enhance the usefulness of fund balance information by providing clearer fund balance classifications that can be more consistently applied. Fund Balance Classifications (pursuant to GASB Statement No. 54) Fund balance amounts will be reported by the District according to the following classifications: Nonspendable - consists of assets that are inherently nonspendable in the current period either because of their form or because they must be maintained intact, including prepaid items, inventories, long-term portions of loans receivable, financial assets held for resale, and principal of endowments. Restricted - consists of amounts that are subject to externally enforceable legal purpose restrictions imposed by creditors, grantors, contributors, or laws and regulations of other governments; or through constitutional provisions or enabling legislation. Because the State regulates the establishment, funding and use of school district reserves, generally, reserves will be classified as restricted fund balance. Committed - consists of amounts that are subject to a purpose constraint imposed by a formal action of the government's highest level of decision-making authority before the end of the fiscal year, and that require the same level of formal action to remove the constraint. The New York State Office of the State Comptroller at the present time believes that in New York State school districts will not have any committed fund balance. Assigned - consists of amounts that are subject to a purpose constraint that represents an intended use established by the board or by their designated official. The purpose of the assignment must be narrower than the purpose of the general fund, and in funds other than the general fund, assigned fund balance represents the residual amount of fund balance. Assigned fund balance generally includes encumbrances and appropriated fund balance. Unassigned - represents the residual classification for the government's general fund, and could report a surplus or deficit. In funds other than the general fund, the unassigned classification should be used only to report a deficit balance resulting from overspending for specific purposes for which amounts had been restricted, committed, or assigned. General Policy The district’s unassigned general fund balance will be maintained to provide the district with financial stability and a margin of safety to fund unanticipated contingent expenditures that may occur unexpectedly during the fiscal year. The unassigned general fund balance used for these purposes may only be appropriated by resolution of the Board of Education.

ESMCSD Policy Book

6245 Any portion of fund balance may be applied or transferred for a specific purpose as permitted by law or based on the formal action of the Board of Education as required by budget transfer policy # 6150. Amendments or modification to the applied or transferred fund balance must also be approved by formal action of the Board of Education. The Board of Education shall delegate the authority to assign fund balance, for encumbrance purposes, to the purchasing agent who has the delegated authority to sign purchase orders. In circumstances where an expenditure is incurred for a purpose for which amounts are available in multiple fund balance classifications (e.g., expenditures related to reserves), the Assistant Superintendent for Business will assess the current financial condition of the district and then recommend to the Board of Education his or her determination as to the order of application of expenditures to which fund balance classification should be charged. All use of fund balance shall be reported to the Board of Education. Adopted: May 16, 2012

ESMCSD Policy Book

6250 EXTRACLASSROOM ACTIVITIES FUND The Board of Education shall have the responsibility for the protection and supervision of the financial affairs of student clubs and extracurricular activities. The principal of each school concerned will appoint a competent and qualified faculty advisor for each club or organization. These funds shall be kept according to standards of good financial management. Proper books will be kept and all moneys deposited in appropriate accounts as set up by the Board. All transactions involving the extraclassroom activities fund shall be on a cash basis and no account shall remain unpaid at the end of the school year. Receipts and payments from these funds shall be governed by regulations established by the building principal with the approval of the Superintendent of Schools. An audit of all accounts will be made annually by the independent auditor. Each organization shall submit a budget of anticipated income and expenditures for the school year to the building principal by November 1. The elected treasurer of the organization or the activity advisor shall be responsible for handling the money along with the District Treasurer. A fund status report shall be presented to the Board at least two times annually. The Superintendent of Schools will develop procedures to transfer money belonging to clubs or classes that are no longer in existence. Ref: Education Law §207 8 NYCRR 172 Adoption date: November 19, 2008

ESMCSD Policy Book

6255 GIFTS AND GRANTS Gifts Only the Board of Education may accept for the school district any bequest or gift or money, property or goods. The Board reserves the right to refuse to accept any gift which does not contribute towards the achievement of the district’s goals or the ownership of which would tend to deplete the resources of the district. Any gift accepted by the Board or the Superintendent shall become the property of the district, may not be returned without the approval of the Board, and is subject to the same controls and regulations as are other properties of the district. The Board will attempt to honor the intent of the donor in its use of the gift, but reserves the right to use any gift it accepts in the best interest of the district’s educational program. It shall be the policy of the district to accept a gift, provided it is made within the statutory authority granted to school districts and has received the approval of the Board of Education. In granting or withholding its consent, the Board will review the following factors: 1.

The terms of the gift must identify: a. b. c. d.

the subject of the gift the purpose of the gift the beneficiary or beneficiaries if any all conditions or restrictions that may apply.

2.

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

3.

If the purpose of the gift is an award to a single student, the determination of the recipient of such award shall be made on the basis that all students shall have an equal opportunity to qualify for it and shall not be denied its receipt on the basis of race, religion, sex, or disability.

4.

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

5.

No gift or trust will be accepted by the Board unless: a. it is in support of and a benefit to all or to a particular public school in the district, or b. it is for a purpose for which the school district could legally expend its own funds, or

ESMCSD Policy Book

6255 c.

it is for the purpose of awarding scholarships to students graduating from the district.

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

1709(12)

Adoption date: November 19, 2008

ESMCSD Policy Book

6410 AUTHORIZED SIGNATURES The Board of Education authorizes the signature on checks issued against all accounts of the school district to be that of the Treasurer or, in his/her absence, the Deputy Treasurer. The Board hereby authorizes the use of check signing machines with safeguards for the school district’s protection and with facsimile signatures of the Treasurer and Deputy Treasurer. Said machines shall be maintained in the exclusive and secured possession of the Treasurer and Deputy Treasurer, respectively. The Treasurer/Deputy Treasurer shall be present and shall control the affixing of his/her signature when checks are run. He or she should maintain a log of checks signed and should verify the sequence of check numbers that are used. The signing of blank checks is expressly forbidden. Extra-classroom activity fund checks shall be signed by both the Building Principal and the Central Treasurer of the extracurricular activity fund. Contracts authorized by Board resolution shall be signed by the Board President or in his/her absence the Vice-President, unless a different signatory is identified in the Board resolution. Purchase orders for goods and/or services identified in the various budget codes of the school district budget may be executed by the Purchasing Agent responsible for the procurement of such goods and/or services. The Board authorizes the payment in advance of audit of claims for all public utility services, postage, freight and express charges, in accordance with law. Ref:

Education Law §§1720; 1724; 2523 8 NYCRR §§170.1(c)(d); 172

Adoption date: November 19, 2008

ESMCSD Policy Book

6600 FISCAL ACCOUNTING AND REPORTING The Board of Education insists on clear, complete, and detailed accounting of all financial transactions for which the Board is held accountable. Accounting and Reporting Systems The system of accounts will conform to the Uniform System of Accounts for School Districts. The accounting system will yield information necessary for the Board to make policy decisions. Proposed expenditures will be budgeted under and the actual expenditures will be charged to categories that most accurately describe the purpose for which monies are to be spent. The Board directs the Treasurer to keep it informed of the financial status of the district through monthly cash reconciliation and budget status reports and annual fiscal reports. The Treasurer should highlight any deviation in actual fiscal conditions from planned fiscal conditions and offer recommendations to the Board to remedy the situation. The Assistant Superintendent for Business will prepare and submit, through the Superintendent, to the Board and the Commissioner of Education, such reports as are prescribed by law. These shall be filed with appropriate governmental bodies as required under law or regulation. The district will cooperate with governmental agencies and research organizations as required by law for data concerning the fiscal operations of the district. Independent/External Audits The district shall be audited annually by an independent certified public accountant or a public accountant. The auditor's report shall be adopted by resolution and a copy shall be filed with the Commissioner of Education. The Superintendent is hereby directed to respond to all audit findings and recommendations. Such response is to include a statement of the corrective actions taken or proposed to be taken, or if action is not taken or proposed, an explanation of reasons, as well as a statement on the status of corrective actions taken on findings or recommendations contained in any previous report of examination or external audit, or any management letter for which a response was required. The Superintendent shall also ensure that the provisions contained in the General Municipal Law in regard to audit reports are followed. Cross-ref: Ref:

1120, School District Records

Education Law §§1610; 1721; 2117; 2528; 2577; 2590-i General Municipal Law §§33; 34

8 NYCRR §§155.1; 170.1; 170.2 Adoption date: November 19, 2008

ESMCSD Policy Book

6645 FIXED ASSETS ACCOUNTING The Superintendent, with the support of the Assistant Superintendent for Business, shall be responsible for accounting for general fixed assets according to the procedures outlined by the Uniform System of Accounts for School districts. These accounts will serve to: a) b) c) d)

Maintain a physical inventory of assets; Establish accountability; Determine replacement costs; and, Provide appropriate insurance coverage.

All fixed assets carrying a minimum value of $2,000.00, which was established by the Board, that have a useful life of one year or more and physical characteristics which are not appreciably affected by use or consumption shall be inventoried and recorded on an annual basis. Fixed assets shall include land, buildings, equipment and materials. Assets shall be recorded at initial cost, or, if not available, at estimated initial cost. Gifts of fixed assets shall be recorded at estimated fair value at the time of the gift. A property record will be maintained for each asset and will contain, where possible, the following information: a) b) c) d) e) f) g)

Date of acquisition Description; Cost or value; Location; Responsible official; Estimated useful life; and, Date and method of disposition.

The Superintendent, with the assistance of the Assistant Superintendent for Business, shall arrange for the periodic inventory and appraisal of district property, equipment and material. Any discrepancies between inventory and the district’s property records on file should be traced and explained. This policy can be modified at the discretion of the Assistant Superintendent for Business for items that do not meet the $2,000.00 for being inventoried and recorded on an annual basis. Adoption date: September 5, 2012

ESMCSD Policy Book

6650 CLAIMS AUDITOR The Board of Education will designate and appoint a claims auditor for the district. The claims auditor shall serve at the pleasure of the Board. The claims auditor shall report directly to the Board. The claims auditor may not be a member of the Board of Education; the clerk or treasurer of the Board; the Superintendent of Schools or other official of the district responsible for business management; the person designated as purchasing agent; and/or clerical or professional personnel directly involved in accounting and purchasing functions of the district. The claims auditor is responsible for formally examining, allowing or rejecting all accounts, charges, claims or demands against the school district. The auditing process should determine: 1.

that the proposed payment is for a valid and legal purpose;

2.

that the obligation was incurred by an authorized district official;

3.

that the items for which payment is claimed were in fact received or, in the case of services, that they were actually rendered;

4.

that the obligation does not exceed the available appropriation; and

5.

that the submitted voucher is in proper form, mathematically correct, does not include previously paid charges, and is in agreement with the purchase order or contract upon which it is based.

The claims auditor shall provide periodic written reports as may be requested by the Board. Cross-ref: Ref:

6680, Internal Audit Function

Education Law §§1604 (35); 1709(20-a); 1724; 2509; 2526; 2554(b) 8 NYCRR §170.2 Matter of Levy, 22 EDR 550 (1983)

Adoption date: December 10, 2008

ESMCSD Policy Book

6650-E CLAIMS AUDITOR EXHIBIT Checklist for Audit of Claims Beginning check number __________ Ending check number _____________ I hereby certify that the attached schedule of claims has been audited. All claims have been checked for the following: _____ Mathematical accuracy (extensions, additions, and calculations or discounts) _____ Duplicate payments (previously paid invoices from vendors have been checked to be sure payment is not a duplicate) _____ Vouchers have been checked against purchase orders _____ Travel vouchers are properly itemized (travel vouchers must contain purpose of travel, dates and points of travel and approved rate) _____ Vouchers for personal service are properly itemized (vouchers must contain purpose, date of service, length of service and approved rate) _____ Receipts of goods and services are attached to claims _____ Check to see whether there is an agreement with vendor not to pay late charges. If so, deduct late charges _____ Sales taxes have not been paid (with the exception of sales taxes on meals) _____ Mileage and meal claims (incl. sales tax) do not exceed authorization _____ All claims are for proper school district expenditures Pre-audit has been completed: ______________________________ Accounts Payable Clerk

__________________ Date

Certified: _______________________________ Claims Auditor Adoption date: December 10, 2008

ESMCSD Policy Book

__________________ Date

6660 INDEPENDENT/EXTERNAL AUDITS As required by law, the school district shall obtain an annual audit of its records by an independent certified public accountant or an independent public accountant. The report of such annual audit shall be presented to the Board of Education by such accountant. The district shall, within 90 days of the receipt of such report or letter, prepare a corrective action plan in response to any findings contained in the annual external audit report or management letter, or any final audit report issued by the state comptroller. This corrective action plan shall be presented to the Board for review. To the extent practicable, implementation of such corrective action plan shall begin no later than the end of the next fiscal year. The district shall use a competitive request for proposals (RFP) process when contracting for such annual audit. In addition, pursuant to law, no audit engagement shall be for a term longer than five consecutive years; provided, however, that the district, in its discretion, may permit an independent certified public accountant or an independent public accountant engaged under an existing contract for such services to submit a proposal in response to an RFP or to be awarded a contract to provide such services under a RFP process. Cross-ref: Ref:

6600, Fiscal Accounting and Reporting 6690, Audit Committees

Education Law §2116-a(3) and (b)

Adoption date: December 10, 2008

ESMCSD Policy Book

6660-E EXTERNAL AUDIT GUIDANCE FOR SCHOOL DISTRICT OFFICIALS The Five Point Plan for increasing school district financial oversight and accountability includes a provision to enhance the effectiveness of external audits by: 

Requiring CPAs to present audit results directly to school boards.



Require a formal school district response to the management letter and a corrective action plan for any reportable conditions.



Provide guidance on internal controls and audit testing, including specific types of testing and suggested level of detail.

The following list provides some specific examples of the audit guidance that will be helpful to school districts in working with their CPAs in order to enhance the effectiveness of the audit process and help assure school district officials that their annual independent audit is providing effective accountability. The list may be helpful to school board members and district officials as they participate in the annual financial audit process. ► Prudent use of taxpayer dollars Goods and services are procured in a manner so as to assure the prudent and economical use of public moneys in the best interest of the taxpayers. 

A comprehensive test of cash disbursements that includes sample testing of procurement for compliance with laws, rules, regulations and policies/procedures for competitive purchasing, bidding or use of state or county contracts. Controls designed to prevent purchasing from businesses owned or controlled by officers, employees or other related parties should also be reviewed and tested. Tests of transactions are expected to include verification that goods or services were properly authorized, received by the district, charged to the proper appropriation accounts and audited prior to payment. This testing should include review of requisitions, purchase orders, receiving slips, vouchers, invoices, cancelled checks, and postings to the accounting records.



A review of the district’s policies and procedures for procuring goods and services that are not subject to competitive bidding requirements, including sample testing of cash disbursements to ensure the district complied with its procurement policies and acquired goods and services of maximum quality at the lowest possible cost under the circumstances. This test will also help assure the district’s procedures guard against favoritism, fraud and corruption.



Expense reimbursements or other payments to board members, administrators and other district personnel should be tested to verify compliance with board policies, reasonableness, appropriateness of payment, and documentation of expenses.  

ESMCSD Policy Book

6660-E 

Expenditures for meals and refreshments at meetings, cell phones and purchases with credit cards should be reviewed for reasonableness.



A comprehensive test of payroll disbursements that includes verification of the existence of the employee, authorization, time worked, accuracy of rates, overtime payments and distributions to appropriate expenditure categories by tracing from time records through the payroll records to the cancelled check. Testing of accounting records should also be performed such as payroll summaries and payments of taxes and other withholdings.

► Sound internal control structure A sound internal control structure is in place and internal controls are appropriately designed and operating effectively. 

A sufficient understanding of the school district’s system of internal controls including the district’s control environment, control activities, system for risk assessment, information and communication, and monitoring. This audit procedure should also include a documented understanding of controls over the school district’s computer systems that are significant to audit objectives.



Testing of controls deemed significant to the audit’s objectives. For example: observing district personnel actually performing the control procedures in the regular course of operations; examining documents and looking for evidence of approvals, sign-offs, etc.; and replicating a control procedure to test whether it was applied correctly.



Analytical procedures should be performed to identify unusual trends, activities or transactions. Revenue and expenditure trends should be reviewed over a number of years, and significant budget variances investigated. Control and detail records for budget, revenue, payroll, procurement, capital project and capital asset activities should be scanned for questionable trends or entries, and unusual items investigated.



A sample of budget amendments should be checked to verify they were completed before appropriations were over-expended to verify budget control over district expenditures.



Documentation of how the evaluation of the district’s control structure and the results of the analytical reviews will affect the audit approach for testing of controls and tests of transactions. This documentation should include the auditor’s consideration of the risk of fraud, illegal acts, abuse, or violations of contract/grant provisions, and the impact these risks will have on audit testing.

ESMCSD Policy Book

6660-E ►

Assets are safeguarded

School district assets are safeguarded against loss, waste and abuse.   

Verification that a current asset inventory system is in place. Physical inspection of assets and personal property items, especially those items most susceptible to theft and abuse (e.g. computers, televisions, video equipment). Verification of adequacy of insurance coverage for assets and for employees with authorized access to those assets.

Adoption date: December 10, 2008

ESMCSD Policy Book

6670 PETTY CASH/PETTY CASH ACCOUNTS Petty cash funds shall be established at each school, cafeterias, school stores, transportation office, and the district office for the purchase of materials, supplies or services under conditions requiring immediate payment. The amount of each fund will not exceed $100.00. The Board of Education shall appoint a custodian for each petty cash fund who shall administer and be responsible for such fund. To ensure that these funds are properly managed, the following guidelines shall be followed: 1.

Receipts and cash-on-hand must always total the authorized fund amount. All disbursements from such funds are to be supported by receipted bills or other evidence documenting the expenditure.

2.

Payments may be made from petty cash for materials, supplies, or services requiring immediate payment. Sales tax on purchases will not be paid by the school district from petty cash funds.

The district shall reimburse uses of petty cash funds up to the extent of expenditures, with appropriate documentary support and as approved by the claims auditor. Petty cash funds provided for buildings or activities that do not operate during July/August must be closed out on June 30 and reestablished by Board of Education action at the reorganizational meeting of the Board in July. Not more than $250, whether district or extraclassroom funds, shall be held in the vault in the main office of each school building. Under no circumstances shall cash be left in classroom areas or desks. The district will not be responsible for funds left unprotected. All funds shall be deposited prior to the close of school on Friday of each week. Only authorized personnel designated by the building administrator shall be allowed in the main office vault. The Superintendent shall develop appropriate regulations for implementation of this policy. Cross-ref: Ref:

6700, Purchasing

Education Law §§1604(26); 1709(29) 8 NYCRR §170.4

Adoption date: July 6, 2010

ESMCSD Policy Book

6670-R PETTY CASH ACCOUNTS REGULATION The custodian appointed for each petty cash fund will be responsible for the following method of record keeping: 1.

deposits to petty cash accounts will be made in amounts which shall not exceed payments made in cash from the fund;

2.

payments made from the funds will be indicated by receipts, receipted bills or other evidence of payments in form available for audit;

3.

disbursements will be acknowledged by the signature of the individual receiving payment;

4.

each disbursement will be properly budget coded prior to the disbursement of funds; and

5.

a request to replenish the petty cash fund will be accompanied by a summary sheet, signed by the custodian responsible for the fund, with all expenditures properly accounted.

The custodian will disburse petty cash only for payment for materials, supplies and services, only when payment is required upon delivery. Adoption date: December 10, 2008

ESMCSD Policy Book

6680 INTERNAL AUDIT FUNCTION The Board of Education recognizes its responsibility to ensure sound fiscal management of the district. To this end, the Board establishes an internal audit function to carry out the following tasks: 

Develop an annual risk assessment of district fiscal operations which shall include but not be limited to: a.

a review of financial policies and procedures,

b.

the testing and evaluation of district internal controls;



An annual review and update of such risk assessment; and



Prepare reports, at least annually or more frequently as the Board may direct, which: a.

analyze significant risk assessment findings,

b.

recommend changes for strengthening controls and reducing identified risks, and

c.

specify timeframes for implementation of such recommendations.

To fulfill this function, the district may use inter-municipal cooperative agreements, BOCES shared services, or independent contractors as long as such personnel or entities performing the internal audit function comply with the Regulations of the Commissioner and meet professional auditing standards for independence between the auditor and the district. The district may also use existing personnel to fulfill this function but only if such persons shall not have any responsibilities for other business operations of the district while performing such function. Personnel or entities performing this function shall report directly to the Board. The district’s audit committee shall assist in the oversight of this internal audit function. Cross-ref:

6690, Audit Committee

Ref: Education Law §2116-b Adoption date: January 7, 2009

ESMCSD Policy Book

6690 AUDIT COMMITTEE The Board of Education will designate and appoint an Audit Committee for purposes of overseeing and carrying out the Board’s audit policies and the performance of related duties and responsibilities. At least three members shall be appointed to serve on the committee on an annual basis. Employees of the school district are prohibited from serving on the committee. The Audit Committee shall: 1. provide recommendations regarding the appointment of the external auditor for the district; 2. meet with the external auditor prior to commencement of the audit; 3. review and discuss with the external auditor any risk assessment of the district's fiscal operations developed as part of the auditor's responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable; 4. receive and review the draft annual audit report and accompanying draft management letter and, working directly with the external auditor, assist the trustees or board in interpreting such documents; 5. make a recommendation to the trustees or board on accepting the annual audit report; 6. review every corrective action plan developed by a district as required under Education Law section 2116-a and assist the trustees or board in the implementation of such plan; and 7. assist in the oversight of the internal audit function required by Education Law section 2116-b, including, but not limited to, providing recommendations regarding the appointment of the internal auditor for the district, the review of significant findings and recommendations of the internal auditor, monitoring of the district's implementation of such recommendations, and participate in the evaluation of the performance of the internal audit function. It is not the intent of the Board of Education that the Audit Committee participate in or be responsible for the day to day operations of the school district or in the decisions that are the responsibility of the Superintendent of Schools or Assistant Superintendent for Business, or the other district administrators. Ref:

Education Law §2116-c

Adoption date: January 21, 2009

ESMCSD Policy Book

6690-E AUDIT COMMITTEE CHARTER TEMPLATE Audit Committee Authority Pursuant to the resolution dated January 4th 2006, the Board of Education of the Eastport South Manor CSD has established an audit committee to assist the Board of Education in the oversight of both the internal and external audit functions. The requirement to create an audit committee was established by Education Law §2116-c. According to §2116(4), the role of an audit committee shall be advisory and any recommendations it provides to the Board shall not be substituted for any required review and acceptance by the Board of Education. The District’s resolution also states that Mission The Board of Education has established an audit committee to provide independent assistance to the Board in the oversight of the following matters: 1. provide recommendations regarding the appointment of the external auditor for the district; 2. meet with the external auditor prior to commencement of the audit; 3. review and discuss with the external auditor any risk assessment of the district's fiscal operations developed as part of the auditor's responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable; 4. receive and review the draft annual audit report and accompanying draft management letter and, working directly with the external auditor, assist the trustees or board in interpreting such documents; 5. make a recommendation to the trustees or board on accepting the annual audit report; 6. review every corrective action plan developed by a district as required under Education Law section 2116-a and assist the trustees or board in the implementation of such plan; and 7. assist in the oversight of the internal audit function required by Education Law section 2116-b, including, but not limited to, providing recommendations regarding the appointment of the internal auditor for the district, the review of significant findings and recommendations of the internal auditor, monitoring of the district's implementation of such recommendations, and participate in the evaluation of the performance of the internal audit function.

ESMCSD Policy Book

6690-E Composition and Requisite Skills The District’s Audit Committee is comprised of 3 members. The committee shall include any combination of board members or community members. The Committee members collectively should possess the expertise and experience in accounting, auditing, financial reporting and school district finances needed to understand and evaluate the school district’s financial statements, the external audit of those statements and the district’s internal audit activities. Accordingly, the Audit Committee’s members should: •

Possess the requisite skills and experience necessary to understand technical and complex financial reporting issues.

•

Have the ability to communicate with, and offer advice and assistance to, public finance officers and auditors.

•

Be knowledgeable about internal controls, financial statement audits and management/operational audits.

Duties and Responsibilities The duties and responsibilities of the District’s Audit Committee includes the following: •

External Audit Focus o Recommend selection of the external auditor to the Board of Education. o Meet with the external auditor prior to commencement of the audit to review the engagement letter. o Review and discuss with the external auditor any risk assessment of the district’s fiscal operations developed as part of the auditor’s responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards, if applicable. o Review the external auditor’s assessment of the district’s system of internal controls. o Receive and review the draft annual audit report and accompanying draft management letter and, working directly with the external auditor, assist the Board of Education in interpreting such documents. o Make a recommendation to the Board of Education on accepting the annual audit report.

ESMCSD Policy Book

6690-E o Review any corrective action plan developed by the school district and assist the Board of Education in the implementation of such plans. •

Internal Audit Focus o Make recommendations to the Board of Education regarding the appointment of the internal auditor. o Assist in the oversight of the internal audit function. o Review the annual internal audit plan to ensure that high risk areas and key control activities are periodically evaluated and tested. o Review the results of internal audit activities and significant recommendations and findings of the internal auditor. o Monitor implementation of the internal auditor’s recommendations by management. o Provide input on the performance evaluation of the internal auditor.

•

Administrative Matters o Hold regularly scheduled meetings. o Administer other related duties as prescribed by the Board of Education. o Review and revise the Audit Committee Charter.

Membership The membership duties of the Eastport South Manor CSD Audit Committee include the following: •

Good Faith – Members of the Committee shall perform their duties in good faith, in a manner they reasonably believe to be in the best interests of the Committee and the District with such care as a generally prudent person in a similar position would use under similar circumstances.

•

Independence – The following individuals would be precluded from being an Audit Committee member: o Someone currently employed by the District during the past 2 years. o Someone currently or previously providing services contractually to the District during the past 2 years.

ESMCSD Policy Book

6690-E o Someone of the immediate family (husband, wife & any children and their spouses) of an individual who is, or has been in any of the past 1 year, employed by the district, providing services contractually to the District or contractually related to the District as a board member or an administrator. o Someone who is a partner in, a controlling owner or an executive of, any forprofit business to which the district made, or from which the district received, payments that are or have been material to the district or the for-profit business entity. •

Confidentiality – During the exercise of duties and responsibilities, the Committee members may have access to confidential information. The Committee shall have an obligation to the district to maintain the confidentiality of such information.

•

Oath of Office - All non-board members, who are members of the Audit Committee, should be administered the district’s oath of office by the District Clerk.

Meetings and Notification The Eastport South Manor CSD Audit Committee shall meet a minimum of 4 times each year. An agenda of each meeting should be clearly determined in advance and the Audit Committee should receive supporting documents in advance, for reasonable review and consideration. Any member of the Board of Education, who is not a member of the Audit Committee, may attend audit committee meetings if authorized by a resolution of the Board. The Audit Committee shall prepare minutes of each meeting. At a minimum, the minutes will include the following: • • • • •

Copies of the meeting agenda Date, attendance and location of the meeting Brief summary of the topics discussed Copies of materials discussed or presented at the meeting A record of all actions or recommendations agreed to by the committee

Decision-Making Process All decisions shall be reached by consensus of those members present at the meeting. Consensus is defined as an acceptable solution that all can agree to support. If consensus cannot be reached, polling of the voting membership will take place and simple majority will rule. A quorum constitutes a simple majority of the total membership and meetings will not be conducted unless a quorum is present.

ESMCSD Policy Book

6690-E Reporting Requirements The Eastport South Manor CSD Audit Committee has the duty and responsibility to report its activities to the Board of Education. Periodic written reports of Audit Committee activities are an important communication link between the Audit Committee and the Board on key decisions and responsibilities. The Audit Committee’s reporting requirements are to: •

Report on the scope and breadth of committee activities so that the Board of Education is kept informed of its work.

•

Provide minutes of meetings and work sessions which clearly record the actions and recommendations of the Committee.

•

Report on their review of the District’s draft annual audit report and accompanying management letter and their review of significant findings and recommendations of the internal auditor.

•

Report on suspected fraud or abuse or material defects in the internal control systems.

•

Report on material or significant non-compliances with laws or District policies and regulations.

•

Report on any other matters that should be disclosed to the Board of Education.

Review of the Charter The Eastport South Manor CSD Audit Committee shall assess and report to the Board of Education on the adequacy of this Charter no less than an annual basis or as necessary. Charter modifications, as recommended by the Audit Committee, should be presented to the Board of Education in writing for their review and action. Adoption date: January 7, 2009

ESMCSD Policy Book

6700

PURCHASING The Board of Education views purchasing as serving the educational program by providing necessary supplies, equipment and related services. Purchasing will be centralized in the business office. The Purchasing Agent is designated by the Board annually. It is the goal of the Board to purchase competitively, without prejudice or favoritism, and to seek the maximum educational value for every dollar expended. Competitive bids or quotations shall be solicited in connection with purchases pursuant to law. The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids. Purchases of the same commodity cannot be artificially divided for the purpose of avoiding the threshold. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid. The district's purchasing activity will strive to meet the following objectives: 1.

To effectively supply all administrative units in the school system with needed materials, supplies, and contracted services;

2.

To obtain materials, supplies and contracted services at the lowest prices possible consistent with the quality and standards needed as determined by the Purchasing Agent in conformance with state law and regulation and in cooperation with the requisitioning authority. The educational and physical welfare of the students is the foremost consideration in making any purchase;

3.

To ensure that all purchases fall within the framework of budgetary limitations and that they are consistent with the educational goals and programs of the district;

4.

To maintain an appropriate and comprehensive accounting and reporting system to record and document all purchasing transactions; and

5.

To ensure, through the use of proper internal controls, that loss and/or diversion of district property is prevented.

Opportunities shall be provided to all responsible suppliers to do business with the school district. Suppliers whose place of business is situated within the district may be given preferential consideration only when bids or quotations on an item or service are identical as to price, quality and other factors. Purchases will be made through available cooperative BOCES bids, state contracts of the Office of General Services, county contracts, or agreements entered into by school districts for joint purchasing whenever such purchases are in the best interests of the district. In addition, the district will make purchases from correctional institutions and severely disabled persons through charitable or non-profit-making agencies, as provided by law.

ESMCSD Policy Book

6700 In accordance with law, the district shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. The term “alternative format” shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the district (or program of a BOCES), including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in a format compatible with alternative format conversion software that is appropriate to meet the needs of the individual student. The Board is also aware of the need to reduce exposure of students and staff to potentially harmful chemicals and substances used in cleaning and maintenance. In accordance with law, regulation and guidelines set forth by the Office of General Services (OGS), the district will purchase and utilize environmentally-sensitive cleaning and maintenance products in its facilities whenever feasible. Cleansers purchased must, first and foremost, be effective so that the district may continue to purchase non-green products as necessary. Environmentally sensitive cleaning and maintenance products will be procured in accordance with standard purchasing procedures as outlined in this policy and regulation. In order to ensure that the district avails itself of advantageous purchasing opportunities, the Board authorizes the Purchasing Agent to represent the district in applying for federal programs designed to discount prices for goods and services. Specifically, the Purchasing Agent will abide by the rules and regulations associated with applying for telecommunications service discounts through the Universal Service Fund (E-Rate), in addition to complying with the local purchasing policies set forth by the Board. As with all purchasing activity, appropriate documentation of the application and purchase through any federal program will be maintained by the business office. Competitive Bidding Purchase contracts and public works contracts subject to competitive bidding will be awarded to the lowest responsible bidder; however, the Board authorizes that purchase contracts may be awarded to a responsive and responsible offeror on the basis of best value (“competitive offering”), as defined in State Finance Law §163. The district shall comply with the requirements of General Municipal Law §103-g, which prohibits, with few exceptions, competitive bidding contracts with entities that invest significantly in the Iranian energy sector, as outlined in the accompanying regulation. Competitive bidding, even if the dollar value of the purchase meets the threshold established above, is not required in the following circumstances: 1. 2. 3.

Emergencies where time is a crucial factor; Procurements for which there is no possibility of competition (sole source items); or Professional services that require special skill or training.

ESMCSD Policy Book

6700 Purchasing when Competitive Bidding Not Required Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, except as permitted by state law for procurements: 1. 2. 3. 4. 5. 6.

Under a county contract; Under a state contract; Under a federal contract; Under a contract of another political subdivision; Of articles manufactured in state correctional institutions; or From agencies for the blind and severely disabled.

The district will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law. General Purchasing Provisions The Board authorizes the Superintendent of Schools, with the assistance of the Purchasing Agent and the Treasurer, to establish and maintain an internal control structure to ensure, to the best of their ability, that the district’s assets will be safeguarded against loss from unauthorized use or disposition, that transactions will be executed in accordance with the law and district policies and regulations, and recorded properly in the financial records of the district. The Purchasing Agent, shall be responsible for the establishment and implementation of the procedures and standard forms for use in all purchasing and related activities in the district. Such procedures shall comply with all applicable laws and regulations of the state and the Commissioner of Education. No Board member, officer or employee of the school district shall have an interest in any contract entered into by the Board or the district, as provided in Article 18 of the General Municipal Law. The Board of Education shall review the district’s procurement procedures annually, including this purchasing policy and regulation.

ESMCSD Policy Book

6700 The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s policies regarding procurement will not be grounds to void action taken nor give rise to a cause of action against the district or any officer or employee of the district. Cross-ref: Ref:

6710, Purchasing Authority 6740, Purchasing Procedures

Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195) Education Law §§ 305(14); 409-i; 1604(29-a); 1709(4-a)(9)(14)(22); 2503(7-a); 2554(7a) General Municipal Law §§ 102; 103; 103-g; 104; 104-b; 109-a; 800 et seq State Finance Law §§ 97-g(3), (4), (5); 163; 163-b; 165-a County Law §408-a(2)

Adoption date: January 7, 2009 Re-adoption date: March 3, 2010 Re-adoption date: July 28, 2010 Re-adoption date: August 20, 2014

ESMCSD Policy Book

6700-R PURCHASING REGULATION The following sets forth the procedures for the procurement of goods and services by the district: I.

Definitions Best value: optimizing quality, cost and efficiency among responsive and responsible offerors. The basis for best value shall reflect, whenever possible, objective and quantifiable analysis, and may also take into consideration small businesses or certified minority- or women-owned businesses as defined in State Finance Law § 163. Purchase Contract: a contract involving the acquisition of commodities, materials, supplies or equipment. For purposes of best value awards, the term “purchase contract” includes contracts for service work but excludes contracts necessary for the completion of a public works contract covered by the prevailing wage provisions of Article 8 of the N.Y.S. Labor Law. Public Work Contract: a contract involving services, labor or construction Responsive offeror: for purposes of best value awards, a responsive offeror is an offeror meeting the minimum specifications established by the District in its competitive offering.

II.

General Municipal Law The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids, or, in the case of purchase contracts only, awarded on the basis of best value among responsible and responsive offerors pursuant to a competitive offering. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.

III.

Competitive Bidding Required A.

Method of Determining Whether Procurement is Subject to Competitive Bidding 1.

ESMCSD Policy Book

The district will first determine if the proposed procurement is a purchase contract or a contract for public work.

6700-R

B.

2.

If the procurement is either a purchase contract or a contract for public work, the district will then determine whether the amount of the procurement is above the applicable monetary threshold as set forth above.

3.

The district will also determine whether any exceptions to the competitive bidding requirements (as set forth below) exist.

4.

All advertised bids shall include the following statement required by General Municipal Law 103-g: “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law.”

Contract Combining Professional Services and Purchase In the event that a contract combines the provision of professional services and a purchase, the district, in determining the appropriate monetary threshold criteria to apply to the contract, will determine whether the professional service or the purchase is the predominant part of the transaction.

C.

Opening and Recording Bids; Awarding Contracts The Purchasing Agent will be authorized to open and record bids. Contracts will be awarded to the lowest responsible bidder or a purchase contract bid of best value, (as recommended by the Purchasing Agent), who has furnished the required security after responding to an advertisement for sealed bids. Where the basis for award is best value, the Purchasing Agent shall document in the procurement record and in advance of the initial receipt of offers, the determination of the evaluation criteria, which, whenever possible, shall be objective and quantifiable (such as a cost-benefit analysis), as well as the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted. The basis for awarding the contract may identify a quantitative factor for offerors that are small businesses or certified minority- or women-owned business enterprises as defined in subdivisions one, seven, fifteen, and twenty of Executive Law § 310 to be used in evaluation of offers for awarding of contracts for services. Best value specifications

ESMCSD Policy Book

6700-R should describe the general manner in which the evaluation and award of offers will be conducted and, as appropriate, identify the relative importance or weighting of non-price factors. In evaluating and determining to accept a higher priced offer, a cost-benefit analysis should generally be used and documented to show quantifiable value or savings from non-price factors that offset the price differential of the lower price offers. In order to be considered a responsible bidder, entities must certify that they are not on the list created and maintained by the State Office of General Services cataloging significant investment in the Iranian energy sector. Such statement may be submitted electronically pursuant to General Municipal Law §103(1). Where an entity cannot make such a certification, the entity must furnish with its bid a signed statement which sets forth in detail the reasons why it cannot make the necessary certification. Entities that cannot make this certification may, on a case-by-case basis, be awarded the bid only if: 1.

2.

D.

The entity’s investment activities in Iran were made before April 12, 2012; the investment activities in Iran have not been expanded or renewed after that date; and the entity has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or The district makes a determination, in writing, that the goods or services are necessary for the district to perform its functions and that, absent such an exemption, the district would be unable to obtain the goods or services for which the contract is offered.

Documentation of Competitive Bids The district will maintain proper written documentation which will set forth the method in which it determined whether the procurement is a purchase or a public work contract. Proper written documentation will also be required when a contract is not awarded to the vendor submitting the lowest quote, setting forth the reasons therefore. That vendor may be given an opportunity to defend his product and/or reputation before the Board of Education. A quote which exceeds the bid limit will be awarded only when such award is in the best interests of the district and otherwise furthers the purposes of section 104b of the General Municipal

ESMCSD Policy Book

6700-R Law. The district will provide justification and documentation of any such contract awarded. E.

Purchase of Instructional Materials In accordance with Education Law the district shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats (i.e., any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as a accommodation for a disabled student enrolled in the district, including but not limited to Braille, large print, open and closed captioned, audio or an electronic file in an approved format.) The district will establish and follow a plan to ensure that every student with a disability who needs his or her instructional materials in an alternative format will receive those materials at the same time that they are available to non-disabled students.

1.

F.

Leases of Personal Property In addition to the above-mentioned competitive bidding requirements, section 1725 of the Education Law provides that the district will be subject to competitive bidding requirements for purchase contracts when it enters into a lease of personal property. Documentation: The district will maintain written documentation such as quotes, cost-benefit analysis of leasing versus purchasing, etc.

G.

Environmentally-Sensitive Cleaning and Maintenance Products The district will purchase and utilize environmentally sensitive cleaning and maintenance products whenever feasible. The purchasing agent will consult with the Green Guidelines provided by the Office of General Services.

Any legal issues regarding the applicability of competitive bidding requirements will be presented to the school attorney for review. IV.

Exceptions to Competitive Bidding Requirements The district will not be subject to competitive bidding requirements when the Board of Education, in its discretion, determines that one of the following situations exists:

ESMCSD Policy Book

6700-R 1.

Emergency situations where: a.

The situation arises out of an accident or unforeseen occurrence or condition;

b.

A district building, property, or the life, health, or safety of an individual on district property is affected; or

c.

The situation requires immediate action which cannot await competitive bidding.

However, when the Board passes a resolution that an emergency situation exists, the district will make purchases at the lowest possible costs, seeking competition by informal solicitation of quotes or otherwise, to the extent practicable under the circumstances. Documentation: The district will maintain records of verbal (or written) quotes, as appropriate; 2.

When the district purchases surplus or second-hand supplies, materials or equipment from the federal or state governments or from any other political subdivision or public benefit corporation within the state. Documentation: The district will maintain market price comparisons (verbal or written quotes) and the name of the government entity;

3.

When the Board separately purchases eggs, livestock, fish and dairy products (other than milk), juice, grains and species of fresh fruits and vegetables directly from producers or growers. The amount expended in any fiscal year by the district may not exceed an amount equal to twenty cents multiplied by the number of days in the school year multiplied by the total enrollment of the district. Documentation: The district will maintain documentation consistent with sections 114.3 of the Regulations of the Commissioner of Education;

4.

When the Board separately purchases milk directly from licensed milk processors employing less than forty (40) people. The amount expended in any fiscal year by the district may not exceed an amount equal to twenty-five cents multiplied by the number of days in the school year multiplied by the total enrollment of the district or exceed the current market price. Documentation: The district will maintain documentation consistent with section 114.4 of the Regulations of the Commissioner of Education;

ESMCSD Policy Book

6700-R 5.

When there is only one possible source from which to procure goods or services required in the public interest. Documentation: The district will maintain written documentation of the unique benefits of the item or service purchased as compared to other items or services available in the marketplace; that no other item or service provides substantially equivalent or similar benefits; and that, considering the benefits received, the cost of the item or service is reasonable, when compared to conventional methods. In addition, the documentation will provide that there is no possibility of competition for the procurement of the goods.

6.

When the district purchases professional services that require special skill or training, such as but not limited to, audit, medical, legal or insurance services, or property appraisals. Documentation: The district will keep adequate documentation which may include requests for proposals (RFPs) issued, written correspondence, memoranda, and copies of contracts.

V.

Standardization Upon the adoption of a resolution by a vote of 3/5ths of the Board stating that, for reasons of efficiency or economy, there is a need for standardization, purchase contracts for a particular type or kind of equipment, material or supplies of more than $20,000 may be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids. The resolution must contain a full explanation of the reasons for its adoption.

VI.

Quotes When Competitive Bidding Not Required Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies in the best interests of the taxpayers. Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, as set forth below. A.

Methods of Documentation 1. Verbal Quotations: the telephone log or other record will set forth, at a minimum, the date, item or service desired, price quoted, name of vendor, name of vendor’s representative;

ESMCSD Policy Book

6700-R 2.

3.

Written Quotations: vendors will provide, at a minimum, the date, description of the item or details of service to be provided, price quoted, name of contact. The district will maintain documentation consistent with Exhibit E.1 that will include advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation if formal bidding is not required. Requests for Proposals: the district will contact a number of professionals and request that they submit written proposals. The RFPs may include negotiations on a fair and equal basis. The RFPs and evaluation of such proposals will consider price plus other factors such as: a. The special knowledge or expertise of the professional or consultant service; b. The quality of the service to be provide; c. The staffing of the service; and d. The suitability for the district’s needs. The district will first locate prospective qualified firms by: a. Advertising in trade journals; b. Checking listings of professionals; or c. Making inquiries of other districts or other appropriate sources. The district will then prepare a well-planned RFP which will contain critical details of the engagement, including the methods which it will use in selecting the service.

B.

Purchases/Public Work: Methods of Competition to be Used for Non-Bid Procurements; Documentation to be Maintained The district will require the following methods of competition be used and sources of documentation maintained when soliciting non-bid procurements in the most cost-effective manner possible: 1.

Purchase Contracts up to $20,000 a. b.

2.

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Contracts from $10,001 to $15,000: Verbal quotes Documentation will include notations of verbal quotes. Contracts from $15,001 to $20,000: Written quotes

Public Work Contracts up to $35,000

6700-R a. b.

Contracts from $10,001 to $15,000: Verbal quotes Documentation will include notations of verbal quotes. Contracts from $15,001 to $35,000: Written quotes

3.

Emergencies: Informal solicitations of quotes or otherwise, to the extent practicable under the circumstances.

4.

Insurance: Written quotes or RFP. Documentation will include advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation, if formal bidding is not required. Requests for Proposals (RFPs), documented in the same manner as described herein, may also be used.

5.

Professional Services: Three written quotes or RFP. Documentation will include advertisements, specifications, and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation, if formal bidding is not required. Requests for Proposals (RFPs), documented in the same manner as described herein, may also be used.

ESMCSD Policy Book

6.

Second Hand Equipment from Other Governments: Verbal or Written Quotes. Documentation will include market price comparisons (Verbal or written quotes) and the name of the government.

7.

Certain Food and Milk Purchases: Written quotes Documentation will be consistent with sections 114.3 and 114.4 of the Regulations of the Commissioner of Education.

8.

Sole Source: Written or verbal quotes Documentation will include, among other things, the unique benefits of the patented item as compared to other items available in the marketplace; that no other item provides substantially equivalent or similar benefits; and that considering the benefits received, the cost of the item is reasonable, when compared to conventional methods. Notations of verbal quotes will be maintained by the district. In addition, the district will document that there is no possibility of competition of the procurement of the goods.

6700-R VII.

Quotes Not Required When Competitive Bidding Not Required The district will not be required to secure alternative proposals or quotations for those procurements as permitted by state law: 1. 2. 3. 4. 5. 6.

Under a county contract; Under a state contract; Under a federal contract; Under a contract of another political subdivision; Of articles manufactured in state correctional institutions; or From agencies for the blind and severely disabled.

Consistent with General Municipal Law § 103(16), the district may contract for purchase of apparatus, materials, equipment, and supplies, and contract for services related to the installation, maintenance, or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision therein, provided the contract was made available for use by other governmental entities, and: a. The contract was let to the lowest responsible bidder in a manner consistent with General Municipal Law § 103; or b. The contract was let on the basis of best value in a manner consistent with General Municipal Law § 103. In addition, the district will not be required to secure such alternative proposals or quotations for : 1. 2. 3. 4. VIII.

Emergencies where time is a crucial factor; Procurements for which there is no possibility of competition (sole source items); Procurements of professional services, which, because of the confidential nature of the services, do not lend themselves to procurement through solicitation; or Very small procurements when solicitations of competition would not be costeffective.

Procurements from Other than the “Lowest Responsible Dollar Offeror” The district will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law.

ESMCSD Policy Book

6700-R IX.

Internal Control The Board authorizes the Superintendent of Schools, with the assistance of the Assistant Superintendent for Business, to establish and maintain an internal control structure to ensure, to the best of their ability, that the district’s assets will be safeguarded against loss from unauthorized use or disposition, that transactions will be executed in accordance with the law and district policies and regulations, and recorded properly in the financial records of the district. Comments will be solicited from those administrators involved in the procurement process before enactment of the district’s regulations regarding purchasing and from time to time thereafter. The regulations must then be adopted by Board resolution. All district regulations regarding the procurement processes will be reviewed by the Board at least annually. The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s regulations regarding procurement will not be grounds to void action taken or give rise to a cause of action against the district or any officer or employee of the district.

Adoption date: January 7, 2009 Re-adoption date: March 3, 2010 Re-adoption date: July 28, 2010 Re-adoption date: August 20, 2014

ESMCSD Policy Book

6700-E.1 PURCHASING EXHIBIT Methods Of Competition To Be Used For Non-Bid Procurements Verbal Written RFP* Quotes Quotes 0 3 3 Purchase Contracts up to $20,000 Under $10,000 $10,001 - $15,000 $15,001 - $20,000 Public Work Contracts Up To $35,000 Under $10,000 $10,001 - $15,000 $15,001 - $35,000 Emergencies Insurance Professional Services Leases of Personal Property Second-Hand Equipment from Other Governments Certain Food & Milk Purchases Sole Source (For example, patented or monopoly item) *RFP: Request for Proposal Adoption date: January 21, 2009 Re-adoption date: March 3, 2010 Re-adoption date: July 28, 2010 Re-adoption date: August 20, 2014

ESMCSD Policy Book

Other

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X X X X X

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6710 PURCHASING AUTHORITY The Board of Education annually designates the Assistant Superintendent for Business as Purchasing Agent for the school district. The Purchasing Agent will be responsible for administering all purchasing activities and ensuring the quality and quantity of purchases made by the district. All purchases shall be made through the Purchasing Agent. The Purchasing Agent is authorized to issue purchase orders without prior approval of the Board when formal bidding procedures are not required by law and budget appropriations are adequate to cover such obligations. The Purchasing Agent shall be responsible for preparing all bid specifications and a statement of general bidding conditions to be included in every notice or invitation to bid. If there are questions concerning specifications, the Purchasing Agent will consult with the requisitioner to clarify the matter so as to ensure that the appropriate goods or services are obtained. Ref:

Education Law §1709(20-a)

Adoption date: January 21, 2009 Re-adoption date: March 3, 2010 Re-adoption date: July 28, 2010 Re-adoption date: August 20, 2014

ESMCSD Policy Book

6740 PURCHASING PROCEDURES Only through the use of efficient purchasing procedures can the school district ensure that needed goods and services are acquired in the most economical manner. The Board of Education directs the Superintendent of Schools and the Purchasing Agent to develop administrative regulations on how purchasing is to be done in the district. All purchasing is to be done by the Purchasing Agent on an official pre-pressed, pre-numbered purchase order. Checks are always to be voided manually and retained for audit. The Purchasing Agent is authorized to issue purchase orders without prior approval of the Board when formal bidding procedures are not required by law and budget appropriations are adequate to cover such obligations. Cross-ref: Ref:

6700, Purchasing 6720, Bidding Requirements

Office of the State Comptroller-Financial Management Guide

Adoption date: January 21, 2009 Re-Adoption date: August 20, 2014

ESMCSD Policy Book

6740-R PURCHASING PROCEDURES REGULATION The purchasing of material, equipment, or supplies shall be governed by the following list of functions. Function

Performed by

A.

Requisition

Initiated by user Sent to proper official for approval Copy retained by school

B.

Specifications

Prepared in detail by Purchasing Department after consultation with requisitioner and made available to prospective contractors or vendors.

C.

Bids or Quotations

Checked and tabulated by Purchasing Department and after review with the requisitioner recommendations made to Board of Education on formal bids.

D.

Contract or Purchase Contracts signed by designated board officials; orders signed by Purchasing Agent Order.

E.

Follow-Up By Purchasing Department

F.

Receipt of Goods

Person other than requisitioner signs receiving copy of Purchase Order and forwards same to Purchasing Department indicating the quantity and quality of materials or services which have been received and are satisfactory.

G.

Invoice

Checked for price and quantity by Purchasing Department.

H.

Invoice Approved

By officer giving rise to the claim and auditor after receipt of goods is acknowledged by requisitioner.

Adoption date: January 21, 2009

ESMCSD Policy Book

6800 PAYROLL PROCEDURES A duly certified payroll is one that has been examined and approved by the Superintendent of Schools, or in his/her absence, the Business Manager. It shall be the responsibility of the Business Manager and his/her staff to prepare all payrolls. A periodic test will be conducted to verify accuracy and appropriateness of district payrolls. Ref:

Education Law §§1604; 1719; 1720; 2116-a

Adoption date: January 21, 2009

ESMCSD Policy Book

6830 EXPENSE REIMBURSEMENT School district employees, officials and members of the Board of Education will be reimbursed for reasonable, actual and necessary out-of-pocket expenses which are legally authorized and incurred while traveling for school related activities. Only expenses necessary to the purpose of the travel shall be reimbursable. Transportation costs such as taxi cabs are allowable only for essential transportation. Mileage will be paid at the rate fixed by the federal Internal Revenue Service for business travel. Tax exemption certificates shall be issued and utilized as appropriate. The Board, by majority vote, shall determine and approve which meetings and conferences may be attended by Board members and the Superintendent of Schools. The Superintendent shall determine, in the first instance, whether attendance by district staff at any conference or professional meeting is in the best interest of the district and eligible for reimbursement of expenses under this policy. To obtain reimbursement, the claimant must complete and sign an expense voucher, attach all receipts or other expense documentation, together with a copy of the approved conference attendance request form and evaluation report (if required), and submit the same to the appropriate administrator, and after such claim has been audited and allowed. Regulations concerning expense reimbursement shall be attached to this policy and shall be reviewed annually and revised as appropriate. Ref:

Education Law §§1604(27); 1709(30); 1804; 2118; 3023; 3028 General Municipal Law §77-b

Adoption date: January 21, 2009

ESMCSD Policy Book

6830-R EXPENSE REIMBURSEMENT REGULATION The district shall reimburse district employees, officials and members of the Board of Education for reasonable, actual and necessary out-of-pocket expenses incurred while traveling for schoolrelated business upon receipt of a completed voucher with itemized receipts along with approved attendance form. The following rules shall guide the reimbursement of school-related travel expenses: Transportation 

Travel shall be by the most economical method, whether by private automobile, school vehicle or common carrier such as bus, train or plane.



If travel is by private automobile, mileage shall be reimbursed at the level approved by the Internal Revenue Service for business travel. Parking and tolls will also be reimbursed but gasoline will not.



Rental car expenses will be reimbursed only if authorized in advance. Receipts must be attached.



Air travel is only allowed when determined by the Board President or the Superintendent to be in the district’s best interest. Air travel shall be reimbursed at the lowest feasible fare available and shall not exceed regular coach class fare. Travel arrangements should be made as soon as reasonably practicable so as to avoid payment of a higher fare due to a late booking.

Lodging 

Persons traveling on district-related business are expected to secure the most reasonable rate for necessary hotel accommodations. The district will reimburse for actual lodging fees up to the maximum lodging fee set by the federal government for that location.



When the rate is pre-determined by the organization sponsoring the event, the traveler shall secure a room rate at no more than the pre-determined rate notwithstanding what the federal travel reimbursement rate is. Hotel accommodations at a rate other than the most reasonable rate or a pre-determined rate described above will be reimbursed only if approved by the Board President (for members of the board and the Superintendent) and the Superintendent (for all others) prior to the stay.

Meals Reimbursable meal charges, including gratuities, for persons traveling for district-related business shall be paid at the rate fixed by the Internal Revenue Service. ESMCSD Policy Book

6830-R Personal Expenses The district does not reimburse persons traveling on district-related business for personal expenses including, but not limited to, pay television, hotel health club facilities, alcoholic beverages, theater and show tickets, and telephone calls and transportation costs unrelated to district business. Adoption date: January 21, 2009 Re-adoption date: October 7, 2009

ESMCSD Policy Book

6900 DISPOSAL OF DISTRICT PROPERTY Building administrators and support staff supervisors are responsible for identifying obsolete or surplus equipment and supplies within their area(s) of responsibility. Each year, a determination shall be made of which equipment, supplies and/or materials are obsolete and cannot be salvaged or utilized effectively or economically by the school district. Such equipment, supplies, or materials shall be sold through bid procedures, if possible, for the highest possible price. The School Business Manager shall be authorized to dispose of obsolete or surplus equipment and supplies in the following manner: 1.

reassign the items, as needed, to other locations within the school district;

2.

centralize the storage of items of potential usefulness; and/or

3.

discard or sell as surplus those items determined to be of no further use or worthless.

Following approval by the Board of Education, items may be sold in the following manner:

Ref:

1.

offer to sell the items to local municipalities or local non-profit organizations;

2.

sell items at a public sale. In the event of a public sale, notice of availability of such equipment, supplies and materials and requests for bids shall be disseminated through announcements in local newspapers and such other appropriate means. The general public, as well as staff members who are not Board members, officers, or involved in the purchasing function, shall be eligible to bid on the equipment, supplies and/or materials; and

3.

sell remaining items as scrap for the best obtainable amount or discard in the safest, least expensive manner.

General Municipal Law §§51; 800 et seq. Ross v. Wilson, 308 N.Y. 2d 605 (1955) Matter of Baker, 14 EDR 5 (1974) Op. St. Compt. 58-120

Adoption date: January 21, 2009

ESMCSD Policy Book

Table of Contents (Series 7000)

Facilities Development Goals ........................................................................

Policy 7000

Facilities Planning ..........................................................................................

7100

Construction Safety ........................................................................................

7365

Construction Safety Exhibit ..........................................................................

7365-E

Naming Facilities ...........................................................................................

7500

Closing of Facilities .......................................................................................

7810

ESMCSD Policy Book

7000 FACILITIES DEVELOPMENT GOALS In meeting its goals of high quality education and fiscal responsibility, the Board of Education, with the assistance of the Superintendent, will strive to develop district facilities in a manner that addresses economic concerns, quality education needs, safety, durability, maintenance, insurance and flexibility. Accordingly, the Board establishes the following broad goals for facilities development: 1.

Integrate facilities planning with other aspects of district planning in a comprehensive program designed to support the Board's educational philosophy and instructional goals.

2.

Address state learning standards and student educational needs in developing educational specifications for school buildings.

3.

Design facilities for sufficient flexibility to permit program modification or the introduction of new programs.

4.

Involve the community, district staff and experts in facilities development.

5.

Design economically feasible facilities that meet student educational needs.

6.

Seek all possible mechanisms for financing school facilities.

7.

Provide adequate school space to accommodate future improvements in educational programs and services.

8.

Consider the adaptability of school facilities for community use.

The Superintendent of Schools shall be responsible for establishing procedures to implement these goals and shall provide a status report to the board on an annual basis. Cross Ref:

8110, School Building Safety

Ref:

8 NYCRR 14.1 (School Buildings and Grounds General Requirements) 8 NYCRR 155 (Educational Facilities)

Adoption date: February 4, 2009

ESMCSD Policy Book

7100 FACILITIES PLANNING The Board of Education is responsible for the regular operation and orderly development of the school district's physical plant. In carrying out this responsibility, the Board is concerned with both short-term and long-range planning. The Superintendent of Schools shall be responsible for the formulation and implementation of the following plans for school building facilities: 1.

a.

Educational philosophy of the district, with resulting administrative organization and program requirements.

b.

Present and projected pupil enrollments.

c.

Space use and state rated pupil capacity of existing facilities.

d.

Priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities.

e.

Provision of additional facilities.

2.

Five-year capital facilities plan. This plan will be updated annually and shall include the following:

a.

A yearly breakdown of the estimated expenses for construction, additions, alterations, major repairs, system replacement and repairs and maintenance and energy consumption.

b.

A district wide building inventory including the number and type of facilities; the age, capacity, use and size of each building; and each building’s safety ratings, energy sources, probable useful life, major system repairs needed and asbestos reports.

Cross-Ref: Ref.:

Comprehensive long-range facilities development plan. This plan shall be kept current and re-evaluated at least annually. It shall include an appraisal of the following:

7000, Facilities Development Goals

8 NYCRR Part 155 (Educational Facilities)

Adoption date: February 4, 2009

ESMCSD Policy Book

7365 CONSTRUCTION SAFETY The Board of Education recognizes the district’s responsibility to provide a safe school environment for students and staff during construction and maintenance projects. The Superintendent of Schools shall be responsible for ensuring that district procedures for safeguarding the safety and health of students and staff are consistent with state law and regulation, including the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring and the Uniform Safety Standards for School Construction and Maintenance Projects. Specifically, the Superintendent shall be responsible for the following items at the specified phase of the construction project: Pre-Construction 1.

Ensure proper planning for the safety of building occupants during construction or maintenance activities.

2.

Hire a New York State licensed architect or engineer for projects costing more than $5,000.

3.

Ensure safety issues are addressed for bid specifications and contract documents.

4.

Provide notice to parents, staff and the community in advance of any construction project costing $10,000 or more to be conducted in an occupied school building. The notice is to be given at least two months prior to date on which construction is to begin, except in the case of emergency construction projects, in which case notice will be given as soon as practical. The notice will provide information on the district’s obligation to provide a safe school environment during construction projects. The notice may be given by publication in the district newsletter, direct mailings, or by holding a public hearing on the project.

5.

Revise the district’s emergency management plan, when appropriate, to accommodate the construction process including a revised emergency exit plan and emergency evacuation and relocation procedures during the construction process.

During Construction 1.

Monitor construction and maintenance activities to check for safety violations and to ensure that certificate of occupancy requirements are continuously maintained.

2.

When determined by the architect, engineer or construction manager to be necessary, ensure that all areas to be disturbed through renovation or demolition are tested for lead and asbestos.

3.

Investigate and respond to health and safety complaints.

ESMCSD Policy Book

7365 4. 5.

Conduct fire drills during construction to familiarize students and staff with revised emergency procedures. Ensure compliance with statutory and regulatory requirements regarding noise abatement, exits, ventilation, air quality, fire and hazard prevention, chemical fumes, gases and other contaminants, asbestos abatement and lead paint and radon testing and mitigation.

Post Construction 1. Cross-ref:

Ref.:

Conduct a walk-through inspection with the Health and Safety Committee to confirm the area is ready to be reopened for use. 8100, Safety Program 8110, School Building Safety 8112, Health and Safety Committee

Education Law §§ 409-d (Comprehensive Public School Building Safety Program; 409-e (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring) 8 NYCRR Part 155.4 (Uniform Code of Public School Building Inspections, Safety Rating and Monitoring) 8 NYCRR Part 155. 5 (Uniform Safety Standards for School Construction and Maintenance Projects) 9 NYCRR Parts 600-1250 (Uniform Fire Prevention & Building Code)

Adoption date: February 4, 2009

ESMCSD Policy Book

7365-E CONSTRUCTION SAFETY EXHIBIT Notification of Construction To:

Faculty, Staff, Parents, Guardian, Students and other concerned parties

The School District anticipates conducting a construction project commencing on . The project will be conducted at the (name and address of school). The project will consist of the following: In furtherance of the district’s commitment to safety and in accordance with regulations of the Commissioner of Education, the district will provide a safe school environment throughout this project. This will include an update of the school emergency plan to reflect any temporary exits or procedures needed as a result of the construction work at the school. Fire drills will be held to familiarize students and staff with any temporary exits. The construction area will be separated from occupied areas of the building, all kept to a minimum while the building is occupied. All applicable federal and stated rules and regulations will be strictly adhered to throughout the length of this project. Specific questions or concerns about this project may be directed to (telephone number). Sincerely,

Building Principal Adoption date: February 4, 2009

ESMCSD Policy Book

at

7500 NAMING FACILITIES The Board of Education is responsible for naming any new facility. The Board, in its discretion, may establish procedures for the naming of any building or other district facility. In selecting a name, the Board may take into account those persons who have been involved in the planning, construction or renovation of the facility, or any other relevant considerations. Suitable building plaques or other memorials may be authorized by the Board. Adoption date: February 4, 2009

ESMCSD Policy Book

7810 CLOSING OF FACILITIES The Board of Education will seek both professional and community advice concerning any contemplated closing of any school facility due to age, condition, size, enrollment changes or any other consideration. An advisory committee shall be formed at least six months in advance of a proposed closing, with membership comprised of Board members, appropriate administrative staff, teachers, parents, community and business representatives, an architect and/or other professionally trained experts in evaluating building condition/use. Such committee will prepare an educational impact statement. The study shall consider all or some of the following: a)

Age and condition of the building, and projected repair or rehabilitation costs to keep it in use.

b)

Enrollment projects and district demographic pattern;

c)

Projected short-term and long-range fiscal ramifications of closing, including cost savings;

d)

Capacity of other district facilities to absorb students, staff and programs displaced by the closure;

e)

Impact of the closing on district staffing requirements;

f)

Impact on student safety, including distances and routes traveled to and from school;

g)

Historic value of the building; and,

h)

Relationship of the building to the district’s long range plan.

Pursuant to Education Law §402-a, after filing of the educational impact statement, the District will publish and post notification of the proposed closing. Elected State and public officials who represent the affected community will be notified, as well. After publication of the notice, and within 60 days of the issuance of the education impact statement, the Board shall hold a public hearing to evaluate the proposed closing of the district facility.

ESMCSD Policy Book

7810 The Board shall render its decision on the closing of the facility at a public regular or special meeting. Adoption date: February 4, 2009

ESMCSD Policy Book

Table of Contents (Series 8000) Policy Support Services Goals ..................................................................................

8000

School Building Safety ..................................................................................

8110

Reporting of Hazards ....................................................................................

8111

Reporting of Hazards Regulation...................................................................

8111-R

Health and Safety Committee ........................................................................

8112

Pesticides and Pest Management ...................................................................

8115

Opioid Overdose Prevention .........................................................................

8121.1

Opioid Overdose Prevention Regulation ......................................................

8121.1-R

School Safety Plans and Teams .....................................................................

8130

Emergency Closings ......................................................................................

8134

Unsafe School Transfer Choice .....................................................................

8140

Buildings and Grounds Maintenance and Inspection ....................................

8220

Authorized Use of School-Owned Materials and Equipment........................

8330

Use of District Owned Cell Phones ...............................................................

8332

Use of District Owned Credit Cards ..............................................................

8334

Student Transportation ...................................................................................

8400

School Bus Scheduling and Routing..............................................................

8411

School Bus Scheduling and Routing Regulation ...........................................

8411-R

Transportation for Non-Public School Students ............................................

8413

Alcohol and Drug Testing of Drivers ............................................................

8414.5

Alcohol and Drug Testing of Drivers Regulation ......................................................................................... ESMCSD Policy Book

8414.5R

Alcohol and Drug Testing Program Acknowledgement Form ......................

8414.5-E

Meal Charge Policy........................................................................................

8505

Computer Resources and Data Management .................................................

8630

Computer Resources and Data Management Regulation ..............................

8630-R

Information Security Breach and Notification ...............................................

8635

Information Security Breach and Notification Regulation ............................

8635-R

Recycling Program.........................................................................................

8910

ESMCSD Policy Book

8000 SUPPORT SERVICES GOALS Support services, which include safety and maintenance programs, transportation, food services, insurance management and office services, are essential to the successful functioning of the school district. Education is the district's central function, and all support services shall be provided, guided, and evaluated by this function. In order to provide services that are truly supportive of the educational program, the Board of Education establishes these goals: 1.

providing a physical environment for teaching and learning that is safe and pleasant for students, staff, and the public;

2.

providing safe transportation and nutritious meals for students who use these services; and

3.

providing timely, accurate, and efficient support services that meet district needs and promote district goals.

Adoption date: March 4, 2009

ESMCSD Policy Book

8110 SCHOOL BUILDING SAFETY The Board of Education recognizes that a safe, secure and healthy school environment is necessary to promote effective learning. The Board is committed to ensuring that all school buildings are properly maintained and preserved to provide a suitable educational setting. Consistent with the requirements of state law and regulations, the Board will: 1.

Appoint a Health and Safety Committee composed of representation from district administration, school staff, bargaining units and parents which shall perform the functions listed in Policy 8112, Health and Safety Committee; during construction projects, the Committee shall also include representatives of the architectural firm, construction manager and contractors.

2.

Review and approve all annual building inspections and building condition surveys.

3.

Take immediate action to remedy serious conditions in school buildings affecting health and safety and report such conditions to the Commissioner of Education.

4.

In conjunction with the Superintendent, annually review the facilities section of the school district report card for each building and report in a public meeting on the status of each item contained in that section of the report card. The report card shall provide information on a building’s age, size enrollment, useful life, safety rating, visual inspection and building condition survey results and other items prescribed by the Commissioner.

The Superintendent of Schools shall be responsible for the development of procedures for investigating and resolving complaints related to the health and safety issues in the district’s buildings consistent with requirements of state law and regulations. Cross-Ref.:

Ref.:

7100, Facilities Planning 7365, Construction Safety 8112, Health and Safety Committee 8220, Buildings and Grounds Maintenance and Inspection

Education Law §§ 409-d (Comprehensive Public School Building Safety Program); 409-e (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring)8 NYCRR Part 155 (Educational Facilities) 9 NYCRR Parts 600-1250 (Uniform Fire Prevention and Building Code)

Adoption date: March 4, 2009

ESMCSD Policy Book

8111 REPORTING OF HAZARDS The Board of Education recognizes its responsibility to provide an environment which is reasonably secure from known hazards. The Board therefore directs the Superintendent of Schools and all professional and support staff members to comply with occupational safety and health regulations, including the Hazard Communication Standard and “Right-to-Know” legislation. The Superintendent will direct appropriate personnel to develop and oversee a written hazard communication program. Such program will include the following: 1.

the acquisition, maintenance and review of Material Safety Data Sheets (MSDS’s) for all known hazardous materials on district property;

2.

the compilation of a hazardous materials inventory;

3.

employee training in hazardous materials management and protection; and

4.

the recording of all incidents involving exposure to known hazardous materials. Records of employees who have been exposed to substances with enforceable exposure standards shall be kept for forty years.

The district will comply with the requirements for the visual notification of pesticide spraying as set forth in the Environmental Conservation Law. It is the responsibility of the entire school community to report any unsafe building or equipment conditions to the main office as soon as possible. In addition, designated administrators will provide notice of hazardous materials to current and former employees within 72 hours of a request. If students observe other students acting in an unsafe manner, this behavior should be reported to the nearest available staff member. Cross-ref:

Ref:

1120, School District Records 7700, Facilities Renovations 8115, Pesticides and Pest Management 8120, Accident Prevention and Safety Procedures

29 CFR §1910.1200 and 12 NYCRR Part 800 (Hazard Communication Standard) 40 CFR §763.95 Public Health Law, Article 48 and Labor Law, Article 28 (“Right-to-Know” Law) Environmental Conservation Law §33-0101 State v. GTE Valeron Corp, 155 AD2d 166 (1990) 12 NYCRR §801.3

Adoption date: March 4, 2009 ESMCSD Policy Book

8111-R REPORTING OF HAZARDS REGULATION The Hazard Communication Program is intended to address the issue of evaluating and communicating hazard information to district employees. The following summarizes the responsibilities of those persons most directly involved with the successful implementation of this program. Facilities Director 1.

Develops and oversees the implementation of a written hazard communication program in accordance with the Federal Hazards Communication standard.

2.

Provides employees with training on hazardous materials and the measures required to maintain optimum protection while working with these agents.

3.

Reviews Material Safety Data Sheets for all products currently in use or being considered for use.

4.

Maintains an inventory of Material Safety Data Sheets for all hazardous materials.

5.

Requests specific chemical information when such material has been designated as a trade secret by a manufacturer or supplier.

6.

Establishes procedures to maintain the confidentiality of trade secret information.

Head/Chief Custodian 1.

Implements the Hazard Communication Program.

2.

Generates and maintains inventory listings of all hazardous materials present and provides updates where and when necessary.

3.

Acts as employee contact for obtaining Material Safety Data Sheets from the State Health Department and/or manufacturers/suppliers of materials currently in use or being considered for use.

4.

Compiles Material Safety Data Sheets for each hazardous material used and obtains updates when necessary.

5.

Ensures that Material Safety Data Sheets are readily accessible to employees, and will provide such information within 72 hours of an employee request.

6.

Ensures that each container identified as holding a hazardous material is properly labeled as to the identity of its contents and appropriate hazard warnings, including building materials containing asbestos.

ESMCSD Policy Book

8111-R Staff Members 1.

Actively participate in mandated training programs and comply with training provisions.

2.

Familiarize themselves with the Material Safety Data Sheets of those hazardous materials with which they work.

3.

Utilize those measures that have been distributed to protect themselves from adverse exposure to hazardous materials.

Adoption date: March 4, 2009

ESMCSD Policy Book

8112 HEALTH AND SAFETY COMMITTEE The Board of Education recognizes the importance of the participation of district staff and parents in promoting a safe, secure and healthy school environment. In accordance with Commissioner’s regulations, the Board will appoint a Health and Safety Committee composed of representation from district officials, staff, bargaining units and parents. The committee will participate in monitoring the condition of occupied school buildings to assure that they are safe and maintained in a state of good repair. The Superintendent of Schools will ensure that the committee is appropriately involved in all of the activities required by the Commissioner’s regulations. Specifically, the committee will: 1.

Participate in the investigation and disposition of health and safety complaints.

2.

Ensure that at least one member of the committee participates in the annual visual inspection.

3.

Consult with district officials in completing safety ratings of all occupied school buildings.

4.

Monitor safety during school construction projects including periodic meetings to review issues and address complaints related to health and safety resulting from the project.

5.

Upon completion of a construction project, conduct a walk-through inspection to ensure the area is ready to be reopened for use.

6.

Address and provide guidance on the following areas of concern: a. b. c.

accidents and incidents; inspection of District vehicles; review of safety programs in all areas of school operations;

The Health and Safety Committee is to meet monthly to review all health and safety hazard reports by employees, accident reports, worker compensation claims and recommendations of health and safety inspectors. The Committee shall investigate all federal and state-mandated employee safety and health training requirements and report its findings to the Board at least once a year. Expanded Health and Safety Committee During construction projects, the Health and Safety Committee will be expanded to include the architect, construction manager and contractor. This expanded committee will: 1.

Participate in the investigation and disposition of health and safety complaints regarding the construction or maintenance project.

ESMCSD Policy Book

8112 2.

Meet periodically to review issues and address complaints regarding health and safety arising from construction.

3.

Monitor safety during construction projects.

4.

After the work is completed, conduct a walk-through inspection to confirm that the area is ready to be reopened for use.

Cross-Ref.:

Ref.:

7365, Construction Safety 8110, School Building Safety 8130, School Safety Plans and Teams 8220, Buildings and Grounds Maintenance and Inspection

8 NYCRR Part 155 (Educational Facilities)

Adoption date: March 4, 2009

ESMCSD Policy Book

8115 PESTICIDES AND PEST MANAGEMENT It is the goal of the Board of Education to maintain the integrity of school buildings and grounds, protect the health and safety of students and staff and maintain a productive learning environment. The Board recognizes that pests can pose a significant risk to health and property and there may be significant risks inherent in using chemical pesticides in the school environment. Provisions will be made for a least toxic approach to integrated pest management (IPM) for all school buildings and grounds in accordance with the Commissioner’s regulations. Integrated pest management is a systematic approach to managing pests focusing on long term prevention or suppression with minimal impact on human health, the environment and non-targeted organisms. Notification of Pesticide Application All district staff and parents/guardians will be notified of pesticide applications performed at any school facility. A notice will be sent at the beginning of the school year which will include: 1.

Notification of periodic pesticide applications throughout school year.

2.

The availability of 48-hour prior written notification of pesticide applications to parents and staff who request such notice.

3.

Instructions on how to register with the school to receive this prior written notification.

4.

The name and number of the school representative who can provide further information.

A separate notice will be sent to staff and parents within two days of the end of winter and spring recess and within 10 days of the end of the school year which includes the date, location and product used for each pesticide application which required prior notification and each emergency application. The Superintendent of Schools shall ensure the dissemination of this policy and conduct any training necessary to ensure that all staff are fully informed about pesticides and pest management. Cross-ref: Ref:

8110, School Building Safety 8220, Building and Grounds Maintenance and Inspection

Environmental Conservation Law, Art.33 (Pesticides) Education Law § 409-h (Requirements for Notification of Pesticide Applications) 6 NYCRR Part 325 (Application of Pesticides) 8 NYCRR 155.4 (Uniform Code of Public School Building Inspections, Safety Rating and Monitoring)

ESMCSD Policy Book

8115 Desmond Americana v. Jorling, 153 AD2d 4 (3rd Dept. 1989) IPM Workbook for New York State Schools, Cornell Cooperative Extension Community IPM Program with support from New York State Dept. of Environmental Conservation, August 1998 Adoption date: March 4, 2009

ESMCSD Policy Book

8121.1 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 approves the district to participate in a local NYSDOH-registered Opioid Overdose Prevention Program through Suffolk County Police Department as an opioid antagonist recipient. The Board permits any school employee to volunteer to receive training from this program. School nurses may become volunteer trained responders, but may only act as trained responders when not functioning as a nurse. The Program shall issue shared access to communal. NYSDOH-provided naloxone (also known as Narcan, among other names) nasal spray kits to trained responders. Employees wishing to volunteer to become trained responders must contact the school nurse their Building Principal, who shall arrange with the Program Director for training for the administration of intranasal naloxone. Volunteer trained responders may administer naloxone to a student or staff displaying opioid overdose symptoms, along with contacting emergency responders pursuant to the naloxone training. All provided naloxone kit shall be stored as specified by the Program. Naloxone shall be accessible during school hours and during on-site school-sponsored activities. The district shall comply with all recordkeeping, inventory, documentation and notification requirements of the Program. The Superintendent shall receive a list of all trained responders in the district from Building Principals, and Building Principals and school nurses shall maintain a list of all trained responders in their buildings. 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 Heath Law §3309 (volunteer naloxone responder) 8 NYCRR §§ 64.7 (administration of naloxone); Part 136 (school health services program, including naloxone) 10 NYCRR §80.138 (volunteer naloxone responder) Guidance for Implementing Opioid Overdose Prevention Measures in Schools, New York State Education Department, 8/11/15, www.schoolhealthservicesny.com/files/filesystem/guidance_on_opioid_overdose_preven tion_in_the_schools_final.pdf Opioid Overdose Prevention: Guidelines for Policies and Procedures, New York State Department of Health, March 2014, www.health.ny.gov/diseases/aids/general/opioid_overdose_prevention/docs/policies_and _procedures.pdf

Adoption date: August 24, 2016

ESMCSD Policy Book

Regulation 8121.1-R OPIOID OVERDOSE PREVENTION REGULATION School nurses shall document all administration of naloxone in the same manner as the administration of other medications under non-patient specific orders. School nurses shall report all administration of naloxone to the school physician/medical director, Building Principal and Superintendent. District staff may volunteer as trained responders via a local independent program: The district shall follow the procedures established by the Suffolk County Police Department Opioid Overdose Prevention Program, registered with the New York State Department of Health (NYSDOH), for the use of naloxone, including: placement, storage, inventory and re-ordering, documenting and reporting incidents of usage, and volunteer responder training. Every administration of naloxone shall be reported to the Clinical Director and Program Director of the Opioid Overdose Prevention Program in which the district is participating, as well as the school nurse. The district shall maintain a current list of all trained volunteer responders by building location, located in the district office. Trained responders are encouraged to review their training in the year between the refresher training. Adoption date: August 24, 2016

ESMCSD Policy Book

8130 SCHOOL SAFETY PLANS AND TEAMS Emergencies and violent incidents in schools are critical issues that must be addressed in an expeditious and effective manner. The Board of Education recognizes its responsibility to adopt and keep current a comprehensive district wide school safety plan and building-level emergency response plan(s) which address violence prevention, crisis intervention, emergency response and management. Taken together, the district-wide and building level plans shall provide a comprehensive approach to addressing school safety and violence prevention, and provide the structure where all individuals can fully understand their roles and responsibilities for promoting the safety of the entire school community. The plans shall be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the district’s coordination with local and county resources. The plans shall also address risk reduction/prevention, response and recovery with respect to a variety of types of emergencies and violent incidents in district schools. In accordance with state law and regulation, the district shall have the following safety teams and plans to deal with violence prevention, crisis intervention and emergency response and management: Comprehensive District-Wide School Safety Team and Plan The Board shall annually appoint a district-wide school safety team that includes, but is not be limited to, a representative from the following constituencies: the Board, teachers, administrators, and parent organizations, school safety personnel and other school personnel. This team shall be responsible for the development and annual review of the comprehensive district-wide school safety plan. The plan shall cover all district school buildings and shall address violence prevention (taking into consideration a range of programs and approaches that are designed to create a positive school climate and culture), crisis intervention, emergency response and management including communication protocols, at the district level. It shall include all those elements required by law and regulation. The Board may also appoint a student representative to the district-wide school safety team. However, no confidential building-level emergency response plans shall be shared with the student member, nor shall the student member be present during discussion of any confidential building-level emergency response plans, or confidential portions of the district-wide emergency response strategy. The Superintendent of Schools or his/her designee shall be the district’s chief emergency officer, and shall coordinate communication between school staff and law enforcement and first responders. The chief emergency officer shall ensure that all staff understand the district-wide school safety plan, and shall also ensure that building-level emergency response plans are completed, reviewed annually, and updated as needed. ESMCSD Policy Book

8130 To maintain security and in accordance with law, the building-level emergency response plan(s) shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other law. Building-Level Emergency Response Plans and Teams Each Building Principal shall be responsible for annually appointing a building-level emergency response team that includes representation from teachers, administrators, parent organizations, school safety personnel, other school personnel, law enforcement officials, fire officials and other emergency response agencies. The emergency response team shall be responsible for the development and review of a building-level emergency response plan for each district building. The plan(s) shall address response to emergency situations, such as those requiring evacuation, sheltering and lock-down at the building level and shall include all components required by law and regulation. These confidential plans shall include evacuation routes, shelter sites, medical needs, transportation and emergency notification of parents and guardians. Building-level emergency response plans shall include protocols in response to carbon monoxide alarms or detection. Alarm or detection of carbon monoxide will result in the appropriate actions as described by the emergency response plan. Building-level emergency response plans shall designate:  an emergency response team for incidents that includes appropriate school personnel, local law enforcement officials, fire officials, and representatives from local, regional and/or state emergency response agencies to assist the school community in responding to a serious violent incident or emergency; and  a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors and other related personnel to assist the community in coping with the aftermath of a serious violent incident or emergency. The Building Principal, in consultation with the Superintendent, shall annually designate a threat assessment team to provide ongoing support and information in order to identify, and assess individuals who may be potential threats to safety, with the intent of minimizing acts of violence in the school community. The threat assessment team shall be composed of, but not limited to, the following personnel from both within the school and the larger community, as appropriate: building administrators, legal counsel, the medical director and/or school nurse, school counselors, local mental health and social service providers, law enforcement, school resource officers, security personnel, and facilities and maintenance personnel. The team shall meet regularly. The team shall be mindful of the need for discretion and observance of confidentiality requirements. Students shall be encouraged to bring their concerns to any district employee. If a district employee becomes aware of a threat to the school community, the Building Principal shall be informed and he/she will convene the threat assessment team. The Building Principal may request the participation of the following additional individuals who may have specific knowledge of the potential perpetrator: supervisors, teachers, students and parents. The Building Principal is responsible for keeping the Superintendent informed about the activities of the threat assessment team. Threat assessment team members shall receive appropriate training. ESMCSD Policy Book

8130 The Building Principal shall be responsible for conducting at least one test every school year of the emergency response procedures under this plan including procedures for sheltering and early dismissal. To maintain security and in accordance with law, the building-level emergency response plan(s) shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other law. Annual Review and Report All plans shall be annually reviewed and updated, if necessary, by the appropriate team by May 15. In conducting the review, the teams shall consider any changes in organization, local conditions and other factors including an evaluation of the results of the annual test of the emergency response procedures which may necessitate updating of plans. If the plan requires no changes, then it shall remain in effect. If the district-wide plan requires change, then the updated plan shall be submitted to the Board of Education in time to allow 30-days of public comment and to hold a public hearing which provides for the participation of school personnel, students and other interested parties prior to Board adoption. All plans must be adopted by the Board of Education by July 1. The Superintendent of Schools shall be responsible for filing the district-level school safety plan and any amendments to the plan with the Commissioner within 30 days after their adoption. The district-wide plan will be posted on the district’s website. Each Building Principal shall be responsible for filing the building-level emergency response plan for his or her building and any amendments to the plan with the appropriate local law enforcement agency and the state police within 30 days after their adoption. Cross-ref:

Ref:

0115, Bullying and Harassment Prevention and Intervention 5300, Code of Conduct 9700, Staff Development

Education Law §2801-a (school safety plans) Executive Law §2B (state and local natural and manmade disaster preparedness) 8 NYCRR Part 155 (Educational Facilities) 19 NYCRR §1228.4 (carbon monoxide detection) School Safety Plans Guidance, New York State Education Department, June 2010

Adoption date: July 5, 2016

ESMCSD Policy Book

8134 EMERGENCY CLOSINGS The Superintendent of Schools may close the schools or dismiss students/staff early when hazardous weather or other emergencies threaten the health or safety of students and personnel. The Superintendent may delegate this authority to another staff member in the event of his/her absence. Schools will not be closed merely to avoid inconvenience. While it may be prudent, under certain circumstances, to excuse all students from attending school, to delay the opening hour, or to dismiss students early, the Superintendent has the responsibility to ensure that administrative, supervisory, and operational activity is continued to the extent possible. School closing and delayed starting times will be reported to local broadcast and internet media and communicated through Connect-Ed. In making the decision to close schools, the Superintendent may consider many factors that relate to the safety and health of children, including the following: 1.

weather conditions, both existing and predicted;

2.

driving, traffic, and parking conditions affecting public and private transportation facilities;

3.

actual occurrence or imminent possibility of any emergency condition that would make the operation of schools difficult or dangerous; and

4.

inability of teaching personnel to report for duty, which might result in inadequate supervision of students.

Among the other factors the Superintendent may consider are advice from traffic and weather authorities, Building Principals, and school officials. Students, parents, and staff will be informed early in each school year of the procedures that will be used to notify them in case of emergency closing. Ref:

Education Law §3604(7)

Adoption date: March 18, 2009

ESMCSD Policy Book

8140 UNSAFE SCHOOL TRANSFER CHOICE The Board of Education recognizes that, in accordance with law, there may be instances in which it must offer students the choice to transfer to a safe public school at the same grade level. Such transfer choice must be offered if: 1.

the school a student would normally attend is designated a “persistently dangerous school” by the Commissioner of Education; or

2.

a student becomes the victim of a “violent criminal offense” that occurs on the grounds of the school the student currently attends.

In accordance with federal and state law and regulations, the option to transfer to a safe school will be available only if there is a safe public school that eligible students can transfer to at the same grade level within the district. Therefore, the Board directs the Superintendent of Schools to develop a list identifying any school(s) designated by the Commissioner of Education as persistently dangerous that also includes any alternative safe public school(s) within the district for each grade level to which students may transfer. The list shall be revised annually and presented to the Board. Notification of Transfer Rights The Superintendent shall notify parents of all students in a school designated as persistently dangerous, and the parents of any student who becomes a victim of the victim of a violent criminal offense on school grounds, of their child’s right to transfer out of the school they currently attend. The notice shall: 1.

explain that students may transfer only to a safe public school at the same grade level within the district,

2.

identify the school(s) a student may transfer to,

3.

explain the procedures for transfer, including the need for parents wanting their child to transfer to inform the Superintendent of their decision within the time frame stated in the notice.

4.

inform parents of their right to request that their child be returned to the school of origin if they later reconsider their decision to allow the transfer.

The required notice shall be sent first class mail within 10 days after the district receives notice from the Commissioner of Education of the school’s designation as persistently dangerous. In the case of a student who is deemed to be the victim of a violent criminal offense on school grounds the notice shall be sent first class mail within 24 hours of any such determination by the Superintendent.

ESMCSD Policy Book

8140 To the extent practicable, the notice will be provided in the dominant language or mode of communication used by the parents. Procedures for Transfer The transfer of any student attending a school that is deemed to be persistently dangerous generally will occur within 30 school days after the district finds out about the designation. The transfer of a student determined to be a victim of a violent criminal offense on school grounds will occur generally within 10 calendar days of the determination. A student transferring from a persistently dangerous school has the right to remain at the safe school he or she transfers to for as long as the school of origin continues to be identified as persistently dangerous. But such a student will remain at the safe school until he or she completes the highest grade level there if it is determined to be in the best educational interest of the student to remain there. The district will make such a determination based on the student’s educational needs and other factors affecting his or her ability to succeed if returned to the school of origin. A student who transfers because he or she became the victim of a violent criminal offense at his or her school of origin remains at the school transferred to until he or she completes the highest grade level there. Upon parental request, any student who exercised his or her right to transfer to a safe school may return to the school of origin. Any such transfer back will be effective at the start of classes in the next school year following the request. Transportation The district shall provide transportation to students transferring to a safe school within the transportation limits established under New York’s Education Law. Procedures for Determining Whether a Student Has Become the Victim of a Violent Criminal Offense on School Grounds In accordance with district procedures for the reporting of violations that constitute crimes, the Building Principal or designee shall promptly notify both local law enforcement and the Superintendent of all reports that involve the infliction of a serious physical injury upon another, a sex offense involving forcible compulsion, or any other offense that involves the use or threatened use of a deadly weapon under applicable provisions of New York’s Penal Law. Following receipt of any such report, the Superintendent shall proceed to determine whether any of the students involved in the reported incident has become the victim of a violent criminal offense on school grounds. In making this determination, the Superintendent shall: 1. ESMCSD Policy Book

consult with any law enforcement agency investigating the alleged violent criminal offense, and document his or her consultation with law enforcement officials,

8140 2.

consider any reports or records provided by law enforcement agencies investigating the situation, and

3.

consult with the district’s attorney prior to making any final determination, and

4.

document his or her findings.

A criminal conviction is not required for the Superintendent of Schools to make a determination that a student indeed has become the victim of a violent criminal offense on school grounds. However, a Superintendent’s determination that a violent criminal offense has occurred cannot be used as evidence in any student disciplinary proceeding initiated against either the alleged victim or the perpetrator of the offense. Upon a finding that a student has become the victim of a criminal violent offense on school grounds, the Superintendent will provide the student’s parents with notice of the student’s right to transfer to a safe school in accordance with the notice procedures established by this policy above. The Superintendent will document compliance with the notification requirements and the procedures followed to carry out the student’s transfer if the parents elect to have the student transfer to another school. Appeal of a Superintendent’s Determination Regarding a Violent Criminal Offense Parents may appeal to the Board of Education a Superintendent’s determination regarding whether their child has become the victim of a violent criminal offense on school grounds. Cross-ref: Ref:

5300, Code of Conduct 5710, Violent or Disruptive Incident Reporting

20 USC §7912(a) Education Law §2802(7) Penal Law §10.00(1), (12) 8 NYCRR §120.5

Adoption date: March 18, 2009

ESMCSD Policy Book

8220

BUILDINGS AND GROUNDS MAINTENANCE AND INSPECTION To accommodate the district’s educational program, the Board of Education is committed to providing suitable and adequate facilities. To this end, proper maintenance and inspection procedures are essential. The Board directs the Superintendent of Schools to ensure that proper maintenance and inspection procedures are developed for every school building. The Facilities Director shall serve as head of the maintenance division and serve under the Superintendent. He/she shall have charge of all repairs, alterations and improvements to school buildings and grounds. He/she shall also have immediate supervision over the work of the custodial and maintenance staff. Consistent with federal and state law and regulations, the following items will be included in the district’s buildings and grounds maintenance and inspection procedures: Comprehensive Maintenance Plan A comprehensive maintenance plan for all major building systems will be instituted to ensure the building is maintained in a state of good repair. Such plan will include provisions for a least toxic approach to integrated pest management and establish maintenance procedures and guidelines which will contribute to acceptable indoor air quality. The plan shall be available for public inspection. Procedures will also be established to ensure the safety of building occupants during maintenance activities including standards for exiting and ventilation, asbestos and lead protocols, noise abatement and control of chemical fumes, gases and other contaminants. Building Condition Surveys Each occupied district building will be assessed every five years by a building condition survey. This survey will be conducted by a team that includes at least one licensed architect or engineer and will include a list of all program spaces and inspection of building system components for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement. Building condition survey reports will be submitted to the Commissioner by January 15, 2001 and January 15th of every fifth year thereafter. Annual Visual Inspections A visual inspection of building system components in each occupied district building will take place annually except for years in which a Building Condition Survey is performed. The inspection will be conducted by a team including a local code enforcement official, the Facilities Director or his/her designee and a member of the Health and Safety Committee. The inspection will be completed by November 15th of each year and will be made available to the public.

ESMCSD Policy Book

A corrective action plan will be developed by a licensed architect or engineer if a deficiency exists in the building. Fire Safety Inspections An annual inspection for fire and safety hazards will be conducted in accordance with a schedule established by the Commissioner of Education. The inspection will be conducted by a qualified fire inspector and the report will be kept in the district office. Any violation of the State Uniform Fire Prevention and Building Code shall be corrected immediately or within a time frame approved by the Commissioner. Safety Rating System A safety rating keyed to the structural integrity and overall safety of each occupied school building will be provided on an annual basis in consultation with the Health and Safety Committee. Safety ratings will be based on the safety rating system developed by the Commissioner and will comply with all statutory and regulatory requirements. Building Principals shall, on an on-going basis, undertake their own inspections of school buildings and grounds, searching for any dangerous or hazardous conditions and take immediate steps to remedy the problem. Cross-Ref.: 6200, Annual Budget 7100, Facilities Planning 7365, Construction Safety 8110, School Building Safety 8112, Health and Safety Committee 8115, Pesticides and Pest Management Ref: 29 CFR

1910 et seq (OSHA Hazard Communication) 40 CFR Part 763 (Asbestos Hazard Emergency Response Act) Education Law 409-d (Comprehensive Public School Safety Program); 409-e (Uniform Code of Public School Buildings Inspections, Safety Rating and Monitoring); 807-a (Fire Inspections) Labor Law 875-883(toxic substances) Public Health Law 4800-4808 (Right to Know, toxic substances) Environmental Conservation Law 33-0725 (Pesticides) 6 NYCRR Part 325 (Pesticides) 8 NYCRR 155.1(Educational Facilities); 155.4 (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring); 155.8 (Fire and Building Safety Inspections) 9 NYCRR Parts 600-1250 (Uniform Fire Prevention & Building Code) 12 NYCRR Part 56 (Industrial Code Rule concerning asbestos) Appeal of Anibaldi, 33 Educ. Dep’t Rep. 166 (1993) (district required to monitor student’s physical symptoms when air quality caused health problems) Guidelines for the Evaluation and Control of Lead-Based point Hazards in Housing, U.S. Department of Housing and Urban Development, Washington D.C., June 1995) IPM Workbook for New York State Schools, Cornell Cooperative Extension Community IPM Program with support from New York State Dept. of Environmental Conservation, August 1998

Adoption date: March 18, 2009 ESMCSD Policy Book

8330 AUTHORIZED USE OF SCHOOL-OWNED MATERIALS AND EQUIPMENT The Board of Education permits the use of district-owned materials and equipment (e.g., laptop computers, cell phones, audio-visual equipment, etc.) by Board members, officers, and employees of the district when such material and equipment is needed for district-related purposes. The Superintendent of Schools, in consultation with the School Business Official, shall establish regulations governing the loan and use of such equipment. Such regulations must address: 

the individuals who may properly authorize the use of such material and/or equipment;



the lack of authority of the borrower to use such material or equipment for private, non-business purposes;



the responsibilities of the borrower for proper use, care and maintenance;



that, regardless of condition or other factors, all loaned equipment must be returned to the district. No item may be sold to or purchased by the borrower unless such equipment has been returned to the district for evaluation and, if necessary, disposal in accordance with district policy and procedures.

All equipment shall be inventoried and a list shall be maintained of the date such equipment was loaned, to whom it was loaned, and the date of expected and actual return. Individuals borrowing district-owned equipment shall be fully liable for any damage or loss occurring to the equipment during the period of its use, and shall be responsible for its safe return. The district shall maintain records of all equipment that is loaned for long-term use (e.g, school year, term of office, etc.) and shall review such list yearly. Adoption date: June 17, 2009

ESMCSD Policy Book

8332 USE OF DISTRICT-OWNED CELL PHONES The Board of Education recognizes that certain district employees will be required to carry district-owned cell phones in order to meet their job responsibilities. Such phones should be provided only when a less costly alternative (e.g., pager, radio) is not available or is not appropriate in the circumstances. A list of job titles requiring district-owned cell phones shall be maintained in the Business Office and reported to the Board for its approval each year at its reorganizational meeting in July. All cellular telephone contracts shall be secured through the appropriate purchasing process (e.g., competitive bid, state contract, Board of Education policy, RFP process) and shall be subject to review and approval by the Board. Cell phones are to be used for school district business purposes only and anything other than incidental private use is prohibited. Failure to follow these guidelines may result in revocation of the phone and discipline of the employee. Employees shall be liable for any charges that do not comply with this policy. As with any district-owned equipment, employees must take proper care of cell phones and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office. Since employees are responsible for the safe return of district-owned cell phones, employees who use district-owned cell phones may be liable for damages or loss which occur during the period of its use. At least once per year, the Business Office shall evaluate and report to the Board on the cost of the district’s cellular telephone plan. Adoption date: June 17, 2009

ESMCSD Policy Book

8334 USE OF DISTRICT-OWNED CREDIT CARDS The Board of Education permits the use of credit cards by certain school officials, employees and Board members to pay for actual and necessary expenses incurred in the performance of workrelated duties for the district. A list of those individuals that will be issued a district credit card and the respective credit line limits will be maintained in the Business Office and reported to the Board each year at its reorganizational meeting in July. All credit cards will be in the name of the school district. The Board shall ensure that the credit card is secured through an appropriate purchasing policy (e.g. competitive bid, state contract, Board of Education policy, RFP) and the relationship between the district and the credit card company is such that the district preserves its right to refuse to pay any claim or portion thereof that is not expressly authorized, does not constitute a proper district charge, or supersedes any laws, rules, regulations, or policies otherwise applicable. In addition, the Board will ensure that no claim shall be paid unless an itemized voucher approved by the officer whose action gave rise or origin to the claim, shall have been presented to the Board and shall have been audited and allowed. Credit cards may only be used for legitimate school district business expenditures. The use of credit cards is not intended to circumvent the district’s policy on purchasing. Employees shall be liable for any charges that do not comply with this policy. Users must take proper care of these credit cards and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office and to the appropriate financial institution. Failure to take proper care of credit cards or failure to report damage, loss or theft may subject the employee to financial liability. Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature or violate the intent of this policy may result in credit card revocation and discipline of the employee. Users must submit detailed documentation, including itemized receipts for commodities, services, travel and/or other actual and necessary expenses which have been incurred in connection with school-related business for which the credit card has been used. The Superintendent of Schools, in consultation with the Assistant Superintendent of Business and the district’s Purchasing Agent, shall establish regulations governing the issuance and use of credit cards. Each cardholder shall be apprised of the procedures governing the use of the credit card and a copy of this policy and accompanying regulations shall be given to each cardholder. The Assistant Superintendent of Business shall periodically, but no less than twice a year, monitor the use of each credit card and report any serious problems and/or discrepancies directly to the Superintendent and the Board.

ESMCSD Policy Book

8334 Cross-ref: Ref:

6700, Purchasing 6830, Expense Reimbursement

Education Law §§1724(1); 2524(1) (itemized, audited, and approved vouchers required) Opns. St. Compt. No. 79-202 (use of multi-purpose credit cards by municipal employees) Opns. St. Compt. No. 79-494 Opns. St. Compt. No. 78-897 (gas credit cards)

Adoption date: June 17, 2009

ESMCSD Policy Book

8400 STUDENT TRANSPORTATION The Board of Education affirms its goal of providing a safe and economical transportation system for district students. Transportation shall be provided at district expense to those students who are eligible as authorized by the Board. The major objectives in the management of the student transportation program shall include the following: 1.

to provide efficient, effective and safe service;

2.

to ensure that all students whose disability or distance from school requires them to receive necessary transportation do, in fact, receive it;

3.

to adapt the system to the demands of the instructional program;

4.

to maintain transportation vehicles in the best possible condition;

5.

to review at least once a year school bus schedules and routing plans to ensure that maximum efficiency and safety are maintained; and

6.

to review at least once a year the eligibility for transportation of students residing in the district, to ensure that all entitled to the services receive them.

The Superintendent of Schools shall be responsible for administering the transportation program. The program shall comply with all applicable laws, regulations and policies established by federal, state and local authorities. Cross-ref: Ref:

5300, Code of Conduct

Education Law §§305(14); 1501-b; 1807; 3602(7); 3623; 3635 et seq. Matter of Handicapped Child, 24 EDR 41 (1984) Matter of Zakrezewski, 22 EDR 381 (1983) Matter of Nowak, 22 EDR 91 (1982) Matter of Fox, 19 EDR 439 (1980)

Adoption date: June 17, 2009

ESMCSD Policy Book

8411 SCHOOL BUS SCHEDULING AND ROUTING The District Transportation Supervisor and Assistant Superintendent of Schools shall establish bus routes. Authorized bus stops shall be located at convenient intervals in places where students may embark and disembark the buses, cross highways, and await the arrival of buses in the utmost safety allowed by road conditions. Adoption date: July 7, 2009

ESMCSD Policy Book

8411-R SCHOOL BUS SCHEDULING AND ROUTING REGULATION Bus routes will be established under the direction of the Superintendent of Schools in cooperation with the District Transportation Supervisor. 1.

Limitations. Authorized bus stops will be located at convenient intervals in places where students may be loaded and unloaded, cross highways, and await the arrival of buses with the safety allowed by road conditions.

2.

Fixed Stops. Fixed bus stops will be established using the following guidelines: a.

generally, dead-end and loop streets will not be serviced by school buses. Whenever possible, stops will be at the intersections of two streets;

b.

numbers of students at bus stops will be varied according to the concentration of riders in an area, the degree of traffic, the presence of stop signs, speed limits, and bus turn-around requirements;

c.

Approximately 10 to 15 students will be the usual number scheduled for pickup at any one point;

d.

walking distances to pickup points may be varied according to grade level.

e.

an effort will be made to minimize crossing of the road by students.

3.

Side Roads. Transportation will be provided on side roads that are maintained by town highway departments unless the lack of maintenance makes it unsafe for drivers and students to be traversing these roads. Examples of unsafe conditions are flooding, road erosion, ice, snow and mud.

4.

Private Roads. Transportation will not be provided on highways that have not been dedicated and/or maintained by town, county, and/or state highway departments.

5.

Turnarounds. Turnarounds will not be established unless adequate space is available and this space is properly maintained.

6.

Major Highways. Transportation service will be provided to residents living along major highways.

7.

District Map. Maps will be used to determine the transportation requirements necessary to satisfy the needs established by state law, Board policy, and voter mandate. This map will clearly show student location, loading and unloading locations, and routes traveled. The map will be reviewed annually.

Adoption date: July 7, 2009

ESMCSD Policy Book

8413 TRANSPORTATION FOR NONPUBLIC SCHOOL STUDENTS Transportation requests for students attending nonpublic schools must be received by the district no later than the April 1st preceding the beginning of the next school year. If a student moves into the district later than April 1st, the request must be received within thirty days of establishing residence in the district, but preferably no later than August 1st. All late requests, however, shall be considered by the District on the basis of each case's merits. Criteria used by the District in judging whether to accept a late request may include but not be limited to the following: 1. 2.

whether transportation will require an additional cost, and, if so, the reasonableness of the excuse for the late request.

The Eastport-South Manor Central School will provide transportation to private/parochial schools located no more than fifteen (15) miles from a child’s residence. Adoption date: May 20, 2015

ESMCSD Policy Book

8414.5 ALCOHOL AND DRUG TESTING OF DRIVERS The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees especially those in safety-sensitive positions. To ensure the safety of its students and to comply with federal regulations, the Board requires alcohol and controlled substance testing of certain district employees, mainly “drivers.” A “driver” is defined as any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. The district shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of employees who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Such employees include: 1.

drivers of vehicles designed to transport 16 or more passengers, including the driver;

2.

drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or

3.

any other employee who may drive or service a listed vehicle (e.g. a mechanic who performs test drives, repairs, inspects, or loads or unloads a listed vehicle).

Controlled substance and alcohol tests will be conducted at the time of employment and randomly throughout the school year. In addition, testing will be conducted when a supervisor has a reasonable suspicion that an employee has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the employee has been found to violate district policy and federal regulations; and after the employee’s return to duty. In accordance with federal and state law, a driver will not be permitted to drive if he or she: 1.

possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;

2.

uses or is under the influence of alcohol or a controlled substance within six hours or less before duty;

3.

has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or

4.

refuses to take a required alcohol or controlled substance test.

ESMCSD Policy Book

8414.5 Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first. Any employee who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any employee found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, district policy, and/or law. If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The employee may be required to complete a treatment program and/or be disciplined pursuant to district policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to followup testing. Should the district receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the district that the individual shall be re-tested and that re-test will become the test of record. The Superintendent of Schools shall ensure that a copy of this policy, the district’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is provided to all drivers prior to the initiation of the testing program and to each driver subsequently hired or transferred to a position subject to testing. Cross-ref:

Ref:

8414.1, Bus Driver Qualifications and Training 9320, Drug-Free Workplace 9610, Staff Substance Abuse

Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306 49 U.S.C. §521(b) 49 CFR Part 391 (Qualifications/Disqualifications) 49 CFR Part 382 (Drug Testing Requirements) 49 CFR Part 40 (Testing Procedures) 49 CFR §395.2 (On-duty time defined) Vehicle and Traffic Law §§509-1; 1192; 1193 Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)

Adoption date: March 22, 2017

ESMCSD Policy Book

8414.5-R ALCOHOL AND DRUG-TESTING OF DRIVERS REGULATION Any employee who operates a commercial motor vehicle and is in a safety-sensitive function shall be subject to alcohol and controlled substance testing. An employee having any questions concerning the district’s policy or regulation, state law or the federal regulations shall contact the Superintendent of Schools. Any treatment, rehabilitation program or discipline will be provided in accordance with district policy and/or collective bargaining agreements. I.Covered Employees Covered employees include district employees who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to obtain a commercial driver’s license. Such employees include: 1.

drivers of vehicles designed to transport 16 or more passengers, including the driver;

2.

drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or

3.

any other employee who may drive or service a listed vehicle (e.g., a mechanic who performs test drives, repairs, inspects or loads or unloads a listed vehicle).

Such employees include, but are not limited to full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed or under lease to an employer or who operate a commercial motor vehicle at the direction or with the consent of the district. Drivers will be removed from their safety-sensitive functions if they violate the district’s policy or federal regulations pertaining to the possession or consumption of alcohol or controlled substances. A driver is performing a safety-sensitive function when: 1. 2. 3. 4. 5. 6.

waiting to be dispatched, unless the driver has been relieved from duty; inspecting, servicing or conditioning any commercial motor vehicle; driving a commercial motor vehicle; attending a vehicle being loaded or unloaded; performing the driver requirements of the federal regulations pertaining to accidents; and attending to a disabled vehicle.

ESMCSD Policy Book

8414.5R Covered employees are required to be in compliance with district policy and regulation: 

when performing any on-duty safety-sensitive functions, including all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility; and



during all time spent providing a breath sample, saliva sample or urine specimen and travel time to and from the collection site in order to comply with random, reasonable suspicion, post-accident, return-to-duty or follow-up testing.

II.

Prohibitions and Consequences

The Supervisor of Transportation or his/her designee shall prohibit an employee from driving a listed vehicle or performing other safety-sensitive duties if the employee: 1.

possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;

2.

has consumed or is under the influence of alcohol or a controlled substance within six hours before duty;

3.

has an alcohol concentration of 0.02 or higher, or tests positive for controlled substances; or

4.

refuses to take a required alcohol or controlled substance test. Refusal to submit shall mean the failure to provide adequate breath or urine without a valid medical explanation or to engage in conduct that clearly obstructs the testing process, such as a failure to arrive for the drug testing or failure to sign the alcohol testing form prior to specimen collection.

An employee is prohibited from consuming alcohol within eight hours after being involved in an accident, or before undergoing a post-accident test, if such a test is required. Illegal drug use by drivers is prohibited on or off duty. Any employee who tests 0.02 or greater but less than 0.04 will be removed from driving and other safety-sensitive duties until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test. In the event that an employee has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance or has refused to take a test, he or she will, in addition to immediate removal from driving and any other safety-related duties, not be returned to duty until he or she:

ESMCSD Policy Book

8414.5-R 1. 2. 3.

has been evaluated by a substance abuse professional; has complied with any treatment recommendations; and has received a satisfactory result from a return to duty test.

Upon return to duty, the employee will be subject to follow-up testing. III.

Types of Testing

The Superintendent of Schools and the Director of Transportation shall ensure that the following alcohol and drug tests are implemented and that any employee who is required to take an alcohol or controlled substance test shall be notified prior to the test that it is required pursuant to federal regulations or, in the case of pre-employment alcohol testing, district policy. 1.

Pre-employment: Controlled substance and alcohol tests will be conducted before applicants are hired or after an offer to hire, but before actually performing safetysensitive functions for the first time. These tests will also be given when employees transfer to a safety-sensitive function.

2.

Post-accident: Alcohol and controlled substance tests will be conducted if a driver is involved in an accident in which: a.

there has been a fatality; OR

b.

the driver has received a citation for a moving violation in connection with the accident AND EITHER 1. 2.

there is an injury treated away from the scene of the accident; or there is a disabled vehicle towed from the scene.

3.

Reasonable Suspicion: Alcohol and controlled substance tests will be conducted if the Transportation Supervisor or other school official who has completed the minimum two hours of training has a reasonable suspicion that the driver has violated district policy and regulation. A “reasonable suspicion” must be based on specific, contemporaneous, articulable observations concerning the driver’s behavior, appearance, speech or body odors that are characteristic of controlled substance or alcohol misuse. Alcohol tests can only be done just before, during or just after the employee drives a listed vehicle or performs other safety-sensitive duties. The supervisor who makes the determination of reasonable suspicion cannot do the testing.

4.

Random Testing: Random alcohol tests shall be conducted annually at a minimum rate of 25 percent of the average number of positions subject to such testing pursuant to federal regulation. Random alcohol tests must be conducted just before, during or just after the employee drives a listed vehicle or performs other safety-sensitive duties.

ESMCSD Policy Book

8414.5-R Random controlled substance tests shall be conducted annually at a minimum rate of 50 percent of the average number of positions subject to such testing pursuant to federal regulation. Random controlled substance tests may be conducted at any time. Random alcohol and controlled substance tests must be unannounced and spread reasonably throughout the calendar year. 5.

Return-to-Duty Testing: An employee who refused to take a test or has engaged in prohibited alcohol and controlled substance use, except for alcohol concentration of between 0.02 and 0.04, shall be required to take an alcohol or controlled substance test and achieve a satisfactory result before returning to duty in the safety-sensitive position. If removal was due to alcohol use, a satisfactory result will be less than 0.02 alcohol concentration. If removal was due to controlled substance use, a satisfactory result will be one that it is verified as negative. The test will not be administered until the employee has been evaluated by a substance abuse professional and has complied with any treatment recommendations.

6.

Follow-Up Testing: After an employee who was found to violate the district’s policy against alcohol and controlled substance use returns to duty, he or she will be subject to at least six unannounced tests in the first 12 months following the employee’s return to duty. Follow-up testing may be extended for up to 60 months from the date of the employee’s return to duty. Follow-up alcohol testing may only be conducted before, during or after the driver has performed his or her driving duties.

IV.

Testing Procedures

A.

Alcohol Testing Procedures

Alcohol testing will be conducted with evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration. An approved non-evidential screening device may be used to perform screening tests but not for confirmation alcohol tests. The employee and the Breath Alcohol Technician conducting the test must complete the alcohol testing form to ensure that the results are properly recorded. 1.

Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a “negative” test.

2.

If the alcohol concentration is 0.02 or greater, a second or confirmation test must be conducted. The confirmation test must be conducted using an EBT that prints out the results, date and time, a sequential test number, and the name and serial number of the EBT to ensure the reliability of the results.

ESMCSD Policy Book

8414.5-R 3.

If the confirmation test results indicate an alcohol concentration from 0.02 to 0.03999, the employee will be restricted from duty for at least 24 hours from the time of the test.

4.

If the confirmation test results indicate an alcohol concentration equal to or greater than 0.04, the employee will be removed from all safety-sensitive duties and no return to duty will be permitted until the employee has successfully passed required return-to-duty tests. The employee must also be reviewed by a Substance Abuse Professional and comply with his/her recommendations. Follow-up tests will also be required.

5.

For post-accident testing, the results of breath or blood tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for alcohol testing and the results are made available to the district.

All testing procedures will conform to the requirements outlined in federal regulations (49 CFR Part 40) for ensuring the accuracy, reliability and confidentiality of test results. These procedures include training and proficiency requirements for Breath Alcohol Technicians, quality assurance plans for the EBT devices including calibration, requirements for suitable test location, and protection of employee test records. B.

Drug Testing Procedures

The employee must provide a urine specimen which will be analyzed at a laboratory certified and monitored by the U.S. Dept. of Health and Human Services. 1.

Regulations require that each urine specimen be divided into one “primary” specimen and one “split” specimen.

2.

All urine specimens are analyzed for the following drugs: a. Marijuana (THC metabolite) b. Cocaine c. Amphetamines d. Opiates (including heroin) e. Phencyclidine (PCP)

3.

If the primary specimen confirms the presence of one or more of these drugs, the employee has 72 hours to request that the split specimen be sent to another certified lab for analysis. [Note: The employee must be removed from driving duties at this time--pursuant to federal regulations, the driver’s removal cannot await the result of split sample.]

ESMCSD Policy Book

8414.5-R 4.

If the screening test has a drug-positive result, a confirmation test will then be performed for each identified drug using gas chromatography/mass spectrometry (GC/MS) analysis.

5.

All drug test results will be reviewed and interpreted by a physician (also called a Medical Review Officer) before they are reported to the district.

6.

If the laboratory reports a positive result to the Medical Review Officer (MRO), the MRO shall interview the employee to determine if there is an alternative medical explanation for the drugs found in the employee’s urine specimen. If the employee provides appropriate documentation and the MRO determines that it is legitimate medical use of a prohibited drug, the drug test result is reported as negative.

7.

If the MRO reports a positive drug result, the employee must be evaluated by a substance abuse professional and follow his/her recommendations prior to taking a return-to-duty test. Follow-up testing is also required.

8.

For post-accident testing, the results of urine tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for controlled substance testing and the results are made available to the district.

All controlled substance testing shall comply with the requirements of the federal regulations (49 CFR Part 40) including procedures for the proper identification, security and custody of the sample, use of certified laboratories, gas chromatography/mass spectrometry analysis testing, assurance that all drug test results are reviewed and interpreted by a physician, and ensuring confidentiality of employee test records. V.

Dilute Specimen Testing

If the district receives a drug test result which is negative but dilute and the creatinine concentration is greater than 5mg/dl, the district shall require a re-test to be conducted in each of the following cases:     

Pre-employment tests Return-to-duty tests Follow-up tests Reasonable suspicion tests Random tests

The result of the re-test shall become the test of record. If the employee refuses to take the re-test it will be considered the same as a positive test result.

ESMCSD Policy Book

8414.5-R VI.

Training

The Supervisor of Transportation and every other person designated to determine whether reasonable suspicion exists to require an employee to undergo reasonable suspicion testing must receive at least one hour of training on alcohol misuse and at least one additional hour of training on controlled substance use which they will use in making their determinations. VII.

Recordkeeping and Reporting

The Transportation Supervisor shall ensure that alcohol and drug testing records are maintained and are available, if requested, for submission to the federal government or any State or local officials with regulatory authority over the employer or any of its drivers. VIII.

Required Notification

Every affected employee shall receive information about the signs, symptoms, and effects of alcohol misuse and controlled substance use as well as a copy of the district’s policy and procedures, the consequences of testing positive and who to contact within the district to seek further information and/or assistance. Each covered employee is required to sign a statement certifying that he/she has received this information. The district shall maintain the original signed certification until the employee’s employment is discontinued. The district will provide a copy of the certification to the covered employee upon request. IX.

Penalties

Any employer or driver who violates the requirements of the federal regulations of the Omnibus Transportation Employee Testing Act of 1991 may be subject to civil penalties. In addition, in accordance with New York State law, a driver convicted of driving a listed vehicle with one or more student passengers while impaired by the use of drugs or alcohol will have his/her license revoked for one year and is subject to fines ranging from $500 to $5,000 and/or imprisonment. Any driver convicted more than once in 10 years for such crimes will have his/her license revoked for three years and is subject to a fine of $1,000 to $5,000 and/or imprisonment. Adoption date: March 22, 2017

ESMCSD Policy Book

8414.5-E ALCOHOL AND DRUG TESTING PROGRAM ACKNOWLEDGMENT FORM I, ____________________, have received, read and understand the Alcohol and Drug Testing Program policy and regulation. I consent to submit to the alcohol and drug testing program as required by law and district policy and regulation. I understand that if I am being required to submit to a pre-employment alcohol test or a dilute specimen re-test, such test is required pursuant to district policy for employment with the district and not pursuant to federal regulations. I understand that if I violate district policy, regulation or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program. If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination. _______________________________________ Signature of Employee Adoption Date: July 7, 2009

ESMCSD Policy Book

__________________ Date

8505 MEAL CHARGE POLICY The Board of Education recognizes that on occasion, students may forget to bring meal money to school. To ensure that students do not go hungry, but also to promote responsible student behavior and minimize the fiscal burden to the district, the Board will allow students who may forget meal money to “charge” the cost of meals to be paid back at a later date subject to the terms in this policy. To comply with State guidelines and maintain a system for accounting for charged meals, regarding both full and reduced-price meals, the Board shall: 1.

Allow only regular meals, meaning what is on the menu, excluding extras and snacks, to be charged up to a $15.00 limit;

2.

Once a student has reached a $15.00 charge limit, the student will be barred from participating in the school lunch program until the negative balance is brought to zero. Adequate parental notification will be sent prior to barring a student from participating in the meal program.

3.

If a student who has reached the $15.00 charge limit and has been barred from participation attempts to purchase a meal, they will forfeit the meal and will be charged.

Charged meals must be counted and claimed for reimbursement on the day that the student charged (received) the meal, not the day the charge is paid back. When charges are paid, these monies are not to be considered “a la carte” transactions, as a section on the daily cash report or deposit summary reads “charges paid.” A student who has abused this policy can be refused a meal. Such a refusal is not considered to be a violation of any state or federal laws concerning school food programs. However before denying any student a meal, the administration shall carefully consider the negative consequences of such an action. The Superintendent of Schools shall establish procedures that provide administrative discretion with regards to implementing this policy. If SFAs suspect that a student may be abusing this policy, written notice will be provided to the parent that if he/she continues to abuse this policy, the privilege of charging meals will be refused. The school district shall send a letter home to all parents on an annual basis prior to the opening day of school, outlining the requirements of this policy. The policy shall also be published in appropriate school and district publications. Ref:

Child Nutrition Act of 1966 National School Lunch Act

Adoption date: September 23, 2009 ESMCSD Policy Book

8630 COMPUTER RESOURCES AND DATA MANAGEMENT The Board of Education recognizes that computers are a powerful and valuable education and research tool and as such are an important part of the instructional program. In addition, the district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the Boards expectations in regard to these different aspects of the district’s computer resources. General Provisions The Superintendent shall be responsible for designating a Director of Information Services and Technology who will oversee the use of district computer resources. The Director of Information Services and Technology will prepare in-service programs for the training and development of district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas. The Superintendent, working in conjunction with the designated purchasing agent for the district, the Assistant Superintendent for Business, the Director of Information Services and Technology will be responsible for the purchase and distribution of computer software and hardware throughout the schools. They shall prepare and submit for the Board’s approval a comprehensive multi-year technology plan which shall be revised as necessary to reflect changing technology and/or district needs. The Superintendent, working with the Director of Information Services and Technology, shall establish regulations governing the use and security of the district’s computer resources. The security and integrity of the district computer network and data is a serious concern to the Board and the district will make every reasonable effort to maintain the security of the system. All users of the district’s computer resources shall comply with this policy and regulation, as well as the district’s acceptable use policy (Policy Number 4526). Failure to comply may result in disciplinary action, as well as suspension and/or revocation of computer access privileges. All users of the district’s computer resources must understand that use is a privilege, not a right, and that use entails responsibility. Users of the district’s computer network must not expect, nor does the district guarantee, privacy for electronic mail (e-mail) or any use of the district’s computer network. The district reserves the right to access and view any material stored on district equipment or any material used in conjunction with the district’s computer network. Management of Computer Records The Board recognizes that since district data is managed by computer, it is critical to exercise appropriate control over computer records, including financial, personnel and student information. The Superintendent, working with the Director of Information Services and Technology and the district’s business official, shall establish procedures governing management of computer records. The procedures will address: ESMCSD Policy Book

8630       

passwords, system administration, separation of duties, remote access, data back-up (including archiving of e-mail), record retention, and disaster recovery plans.

Review and Dissemination Since computer technology is a rapidly changing area, it is important that this policy be reviewed periodically by the Board and the district’s external auditor. The regulation governing appropriate computer use will be distributed annually to staff and students and will be included in both employee and student handbooks. Cross-ref:

1120, School District Records 4526, Computer Use for Instruction 4526.1, Internet Safety 6600, Fiscal Accounting and Reporting 6700, Purchasing 8635, Information Security Breach and Notification

Adoption date: July 30, 2008

ESMCSD Policy Book

8630-R COMPUTER RESOURCES AND DATA MANAGEMENT REGULATION The following rules and regulations govern the use of the district's computer network system, employee access to the Internet, and management of computerized records. I.

II.

Administration 

The Superintendent of Schools shall designate a computer network coordinator to oversee the district's computer network.



The computer network coordinator shall monitor and examine all network activities, as appropriate, to ensure proper use of the system.



The computer network coordinator shall develop and implement procedures for data back-up and storage. These procedures will facilitate the disaster recovery plan and will comply with the requirements for records retention in compliance with the district’s policy on School District Records (1120).



The computer network coordinator shall be responsible for disseminating and interpreting district policy and regulations governing use of the district's network at the building level with all network users.



The computer network coordinator shall provide employee training for proper use of the network and will ensure that staff supervising students using the district's network provide similar training to their students, including providing copies of district policy and regulations ( including policy 4526, Computer Use in Instruction) governing use of the district's network.



The computer network coordinator shall take reasonable steps to protect the network from viruses or other software that would comprise the network.



All student and employee agreements to abide by district policy and regulations and parental consent forms shall be kept on file in the district office.



Consistent with applicable internal controls, the Superintendent in conjunction with the school business official and the computer network coordinator, will ensure the proper segregation of duties in assigning responsibilities for computer resources and data management.

Internet Access

Student Internet access is addressed in policy and regulation 4526, Computer Use for Instruction. District employees are governed by the following regulations:  

Employees will be issued an e-mail account through the district’s computer network. Employees are expected to review their e-mail daily.

ESMCSD Policy Book

8630-R 

Communications with parents and/or students should be saved and the district will archive the e-mail records according to procedures developed by the computer network coordinator.



Employees may access the internet for education-related and/or work-related activities.



Employees shall refrain from using computer resources for personal use.



Employees are advised that they must not have an expectation of privacy in the use of the district’s computers.



Use of computer resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline.

III.

Acceptable Use and Conduct

The following regulations apply to all staff of the district’s computer system: 

Access to the district's computer network is provided solely for educational and/or research purposes and management of district operations consistent with the district's mission and goals.



Use of the district’s computer network is a privilege, not a right. Inappropriate use may result in the suspension or revocation of that privilege.



Each individual in whose name an access account is issued is responsible at all times for its proper use.



All network users will be issued a login name and password. Passwords must be changed periodically.



Only those network users with permission from the principal or computer network coordinator may access the district's system from off-site (e.g., from home).



All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.



Network users identifying a security problem on the district's network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of district computer use guidelines may be denied access to the district's network.

ESMCSD Policy Book

8630-R IV.

Prohibited Activity and Uses

The following is a list of prohibited activity for all staff concerning use of the district's computer network. Any violation of these prohibitions may result in discipline or other appropriate penalty, including suspension or revocation of a user's access to the network. 

Using the network for commercial activity, including advertising.



Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the district computer network.



Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material.



Using the network to receive, transmit or make available to others messages that are racist, sexist, abusive or harassing to others.



Use of another’s account or password.



Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.



Forging or attempting to forge e-mail messages.



Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy district equipment or materials, data of another user of the district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus on the network.



Using the network to send anonymous messages or files.



Revealing the personal address, telephone number or other personal information of oneself or another person.



Using the network for sending and/or receiving personal messages.



Intentionally disrupting network traffic or crashing the network and connected systems.



Installing personal software or using personal disks on the district’s computers and/or network without the permission of the appropriate district official or employee.



Using district computing resources for fraudulent purposes or financial gain.



Stealing data, equipment or intellectual property.

ESMCSD Policy Book

8630-R 

Gaining or seeking to gain unauthorized access to any files, resources, or computer or phone systems, or vandalize the data of another user.



Wastefully using finite district resources.



Changing or exceeding resource quotas as set by the district without the permission of the appropriate district official or employee.



Using the network while your access privileges are suspended or revoked.



Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

V.

No Privacy Guarantee

Users of the district’s computer network should not expect, nor does the district guarantee, privacy for electronic mail (e-mail) or any use of the district’s computer network. The district reserves the right to access and view any material stored on district equipment or any material used in conjunction with the district’s computer network. VI.

Sanctions

All users of the district’s computer network and equipment are required to comply with the district’s policy and regulations governing the district’s computer network. Failure to comply with the policy or regulation may result in disciplinary action as well as suspension and/or revocation of computer access privileges. Any information pertaining to or implicating illegal activity will be reported to the proper authorities. Transmission of any material in violation of any federal, state and/or local law or regulation is prohibited. This includes, but is not limited to materials protected by copyright, threatening or obscene material or material protected by trade secret. Users must respect all intellectual and property rights and laws. VII.

District Responsibilities

The district makes no warranties of any kind, either expressed or implied, for the access being provided. Further, the district assumes no responsibility for the quality, availability, accuracy, nature or reliability of the service and/or information provided. Users of the district’s computer network and the Internet use information at their own risk. Each user is responsible for verifying the integrity and authenticity of the information. The district will not be responsible for any damages suffered by any user, including, but not limited to, loss of data resulting from delays, non-deliveries, errant deliveries, or service interruptions caused by its own negligence or any other errors or omissions. The district also will not be responsible for unauthorized financial obligations resulting from the use of or access to the district’s computer network or the Internet. ESMCSD Policy Book

8630-R Further, even though the district may use technical or manual means to regulate access and information, these methods do not provide a foolproof means of enforcing the provisions of the district policy and regulation. Adoption date: July 30, 2008

ESMCSD Policy Book

8635 INFORMATION SECURITY BREACH AND NOTIFICATION The Board of Education acknowledges the State’s concern regarding the rise in identity theft and the need for prompt notification when security breaches occur. To this end, the Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, to establish regulations which: 

Identify and/or define the types of private information that is to be kept secure. For purposes of this policy, “private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;



Include procedures to identify any breaches of security that result in the release of private information; and



Include procedures to notify persons affected by the security breach as required by law.

Any breach of the district’s computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district shall be promptly reported to the Superintendent and the Board of Education. Ref:

State Technology Law, §208

Adoption date: August 26, 2009

ESMCSD Policy Book

8635-R INFORMATION SECURITY BREACH AND NOTIFICATION REGULATION Definitions “Private information” shall mean personal information (i.e., information such as name, number symbol, mark or other identifier which can be used to identify a person) in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired: 

Social security number;



Diver’s license number or non-driver identification card number or;



Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual’s financial account.

Note: “Private information” does not include publicly available information that is lawfully made available to the general public pursuant to state or federal law or regulation. “Breach of the security of the system” shall mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure. Procedure for Identifying Security Breaches In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the district shall consider: 1.

indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer, or other device containing information;

2.

indications that the information has been downloaded or copied;

3.

indications that the information was used by an unauthorized person, such as fraudulent accounts, opened or instances of identity theft reported; and/or

4.

any other factors which the district shall deem appropriate and relevant to such determination.

ESMCSD Policy Book

8635-R Security Breaches – Procedures and Methods for Notification Once it has been determined that a security breach has occurred, the following steps shall be taken: 1.

If the breach involved computerized data owned or licensed by the district, the district shall notify those New York State residents whose private information was, or is reasonably believed to have been acquired by a person without valid authorization. The disclosure to affected individuals shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the system. The district shall consult with the New York State Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures.

2.

If the breach involved computer data maintained by the district, the district shall notify the owner or licensee of the information of the breach immediately following discovery, if the private information was or is reasonably believed to have been acquired by a person without valid authorization.

Note: The notification requirement may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The required notification shall be made after the law enforcement agency determines that such notification does not compromise the investigation. The required notice shall include (a) district contact information, (b) a description of the categories and/or information that were or are reasonably believed to have been acquired without authorization and (c) which specific elements of personal or private information were or are reasonably believed to have been acquired. This notice shall be directly provided to the affected individuals by either: 1.

Written notice

2.

Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and that the district keeps a log of each such electronic notification. In no case, however, shall the district require a person to consent to accepting such notice in electronic form as a condition of establishing a business relationship or engaging in any transaction.

3.

Telephone notification, provided that the district keeps a log of each such telephone notification.

However, if the district can demonstrate to the State Attorney General that (a) the cost of providing notice would exceed $250,000; or (b) that the number of persons to be notified exceeds 500,000; or (c) that the district does not have sufficient contact information, substitute notice may be provided. Substitute notice would consist of all of the following steps: ESMCSD Policy Book

8635-R 1.

E-mail notice when the district has such address for the affected individual;

2.

Conspicuous posting on the district’s website, if they maintain one; and

3.

Notification to major media

Notification of State and Other Agencies Once notice has been made to affected New York State residents, the district shall notify the State Attorney General, the Consumer Protection Board, and the State Office of Cyber Security and Critical Infrastructure Coordination as to the timing, content, and distribution of the notices and approximate number of affected persons. If more than 5,000 New York State residents are to be notified at one time, the district shall also notify consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. A list of consumer reporting agencies will be furnished, upon request, by the Office of the State Attorney General. Adoption date: August 26, 2009

ESMCSD Policy Book

8910 RECYCLING PROGRAM The Board of Education recognizes the importance of energy and water conservation and is committed to the analysis, development and initiation of conservation measures throughout the District for the purpose of reducing energy consumption.. The Board also believes that one function of the schools is to set an example in the stewardship of our natural resources and to develop responsible citizenship in students. Therefore, the district will act to make resource conservation an integral part of the physical operations of the district. In its efforts to improve and encourage responsible solid waste management in the school and in the community, the Board supports a program of recycling and reuse of such waste materials. The Board directs the Superintendent of Schools to develop and implement a district-wide recycling program which will take into consideration the following: 1.

resource conservation, including waste reduction, and encouraging the use of all products to their fullest extent prior to disposal;

2.

a differentiation between biodegradable and non-biodegradable waste materials;

3.

separation of waste materials into categories for recycling (i.e., paper, glass, aluminum, iron, plastic, etc.) and delivery of such materials to an appropriate recycling agency in cooperation with recycling efforts in the community;

4.

whenever financially viable, the purchase and/or use of recycled and/or biodegradable products rather than non-biodegradable items;

5.

participation of district students and staff on all levels in the recycling program. Such participation shall take into consideration any appropriate health, safety, and risk management concerns; and

6.

a conservation education program to teach students about their social responsibility for preserving our resources.

Adoption date: August 26, 2009

ESMCSD Policy Book

Table of Contents (Series 9000) Policy Personnel Goals .............................................................................................

9000

Conflict of Interest .........................................................................................

9120.1

Staff Complaints and Grievances...................................................................

9140.1

Staff Complaints and Grievances Regulation ................................................

9140.1-R

Meals and Refreshments ................................................................................

9170

Recruiting and Hiring ....................................................................................

9240

Conditional Appointment – Student Safety ...................................................

9260

Temporary Personnel .....................................................................................

9271

Drug Free Workplace .....................................................................................

9320

Drug Free Workplace Regulation ..................................................................

9320-R

Staff Evaluation .............................................................................................

9420

Compensation and Benefits ...........................................................................

9500

Overtime and Compensatory Time ................................................................

9500.1

Leaves of Absence .........................................................................................

9520

Family & Medical Leave ..............................................................................

9520.2

Family & Medical Leave Regulation ............................................................

9520.2R

Child Abuse in an Educational Setting ..........................................................

9620

Child Abuse in an Educational Setting Exhibit – Confidential Report of Allegation ..........................................................................................

9620- E.1

Child Abuse in an Educational Setting Exhibit – Notice/Reporting Requirements .........................................................................................

9620-E.2

Disclosure of Wrongful Conduct ...................................................................

9645

Staff Development .........................................................................................

9700

ESMCSD Policy Book

9000 PERSONNEL GOALS The Board of Education recognizes that the school district’s central goal – the education of children – is wholly dependent on the dedication and work provided by the school district’s employees. The Board seeks to develop and implement personnel policies that will allow and enhance the ability of staff to educate children. The specific goals that will guide the Board as it develops personnel policies are: 1.

To hire and retain the best and most qualified staff available

2.

To ensure staff are evaluated in a rigorous and meaningful manner

3.

To grant tenure to staff who have performed at the highest level and

4.

To provide professional development and training to staff to improve their skills.

Although the Board is the employer of all staff in the district, the Board recognizes that the Taylor Law requires the district to negotiate in good faith with recognized or certified employee organizations over wages, hours, and all other terms and conditions of employment as defined by the Taylor Law or as interpreted by the Public Employment Relations Board. The school district will fully comply with the requirements of the Taylor Law. In return for the compensation and benefits provided to district staff, the Board expects employees to render the quality of service that enables children to learn at the highest level possible and seek continuous improvement in the service they provide. Ref:

Education Law §§ 1604(8), 1709(16), 2503(3), 2554(2), 3012(1)(a) (Board’s authority to hire employees) Education Law § 3012(2) (Board’s authority to grant tenure to teachers) Civil Service Law § 204 (“Taylor Law” requires school district to negotiate with unions) 8 NYCRR § 100.2(o)(2) (school district required to evaluate teachers) 8 NYCRR § 100.2(dd)(2)(ii)(a) (school district required to provide professional development)

Cross-ref:

0100, Equal Opportunity

Adoption date: September 9, 2009

ESMCSD Policy Book

9120.1 CONFLICT OF INTEREST The Board of Education is committed to avoiding any situation in which the existence of simultaneous, conflicting interests in any officer or employee may call into question the integrity of the management or operation of the school district. Therefore: No person employed by the district shall hire, supervise, evaluate, promote, review or discipline any other employee who is a member of the same family. In the event that marriage, promotion, or reorganization results in a situation not in compliance with this policy, reassignment or transfer will be effected, in accordance with the applicable provisions of any collective bargaining agreement, to correct the situation. No person employed by the district shall negotiate or execute any contract on behalf of the district for the purchase, sale or lease of real or personal property, services of any nature, nor for insurance without first having determined the common price for such property, services or insurance, or requesting bids from a reasonable number of potential providers of such property, services or insurance. No person employed by the district shall allow any matter, concern or interest, personal, financial or otherwise, to influence or interfere with the performance of his or her duties. Should such a matter, concern or interest arise, the employee shall bring the matter to the attention of his or her supervisor or the Board to seek ways to reduce or eliminate the influence or interference. The Board affirms its commitment to adhere scrupulously to all applicable provisions of law regarding material conflicts of interest. Knowing or willful violation of this policy by any employee may result in disciplinary action up to and including dismissal. Any officer, employee or member of the public noting or suspecting a violation of this policy is encouraged to bring the matter, either in confidence or in public, to the Board or the Superintendent of Schools. Cross-ref: Ref:

2160, School District Officer and Employee Code of Ethics

Education Law §§ 410, 3016 General Municipal Law Art. 18, §§ 801-813 Labor Law §201-d Dykeman v. Symonds, 54 AD2d 159 (4th Dep't 1976)

Adoption date: September 9, 2009

ESMCSD Policy Book

9140.1 STAFF COMPLAINTS AND GRIEVANCES Grievance procedures are designed to resolve conflicts that may arise among various members of the staff. These procedures are defined in collective bargaining agreements. Staff members have the right to present complaints and grievances in accordance with the established procedures free from coercion, interference, restraint, discrimination or reprisal. The district shall implement a multi-stage grievance procedure and an appellate stage for the settlement of grievances pursuant to the General Municipal Law. In addition, the district shall implement procedures and regulations and designate an employee to carry out the responsibilities under Title IX and Section 504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA). This policy and accompanying regulation (9140.1-R) provide grievance procedures for those employees not covered by collective bargaining agreements or whose negotiated agreements do not include grievance procedures. Staff complaints that are not covered under the General Municipal Law, or cannot be resolved under procedures of Title IX and Section 504 or the ADA shall be subject to the discretion of the Board of Education as to the method by which the complaint may be brought. Annual Notification 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: 1.

inform parents, employees, students and the community that vocational education programs are offered without regard to sex, race, color, national origin or disability;

2.

provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination due to sex and/or disability; and

3.

be included in announcements, bulletins, catalogues, and applications made available by the district.

A copy of this policy and accompanying regulation shall be filed with the District Clerk and state Civil Service Commission within fifteen (15) days after adoption. In addition, these procedures shall be open to public inspection. Cross-ref: Ref:

0100, Equal Opportunity

Americans with Disabilities Act, 42 USC §12111-12117; 12210 General Municipal Law, Article 15-c Title IX, Education Amendments of 1972, 20 USC Chapter 38; 45 CFR Part Rehabilitation Act of 1973, §504; 29 USC §794 Civil Service Law, Article 14 Matter of Gatje, 24 EDR 191 (1984)

Adoption date: September 9, 2009 ESMCSD Policy Book

86

9140.1-R STAFF COMPLAINTS AND GRIEVANCES REGULATION Definitions 1.

Grievant shall mean an employee who alleges that there has been a violation of Title IX, Section 504 or the Americans with Disabilities Act (ADA) statute or regulations which affect him/her.

2.

Grievance shall mean any alleged violation of Title IX, Section 504 or ADA statute or regulations.

3.

Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under Title IX, Section 504 and the ADA.

This regulation and accompanying policy (9140.1) provide grievance procedures for those employees not covered by collective bargaining agreements or whose negotiated agreements do not include grievance procedures. The resolution of staff complaints alleging any action prohibited by Title IX, Section 504 of the Rehabilitation Act or the ADA shall be dealt with in the following manner: Stages A. Stage I--Compliance Officer 1.

Within 30 days after the events giving rise to the grievance, the grievant shall file a grievance in writing with the Compliance Officer. The Compliance Officer may informally discuss the grievance with the grievant. He/She shall promptly investigate the complaint. All employees of the school district shall cooperate with the Compliance Officer in such investigation.

2.

Within 15 days of the receipt of the grievance, the Compliance Officer shall make a finding in writing that there has or has not been a violation of Title IX, Section 504 of the Rehabilitation Act or the ADA. In the event the Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the complaint.

3.

If the grievant is not satisfied with the finding of the Compliance Officer, or with the proposed resolution of the grievance, the grievant may, within 15 days after he/she has received the report of the Compliance Officer, file a written request for review by the Superintendent of Schools.

B. Stage II--Superintendent of Schools 1.

The Superintendent may request that the grievant, the Compliance Officer, or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the grievance and the facts surrounding it.

ESMCSD Policy Book

9140.1-R 2.

The Superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearing shall be held within 15 school days of the receipt of the appeal by the Superintendent.

3.

Within 15 days of the hearing, the Superintendent shall render his/her determination in writing. Such determination shall include a finding that there has or has not been a violation of Title IX, Section 504 of the Rehabilitation Act or the ADA, a proposal for equitably resolving the complaint.

4.

If the grievant is not satisfied with the determination of the Superintendent, the grievant may, within 15 days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.

C.

Stage III--Board of Education

1.

When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the Board.

2.

The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 school days of the receipt of the request of the grievant. All parties concerned shall have the right to present further statements and testimony at such hearing.

3.

The Board shall render a decision in writing within 15 days after the hearing has been concluded.

Adoption date: September 9, 2009

ESMCSD Policy Book

9170 MEALS AND REFRESHMENTS The Board of Education recognizes that, occasionally, it may be appropriate to provide refreshments and/or meals at district meetings or events, which are being held for a district or educational purpose. Any expenditure on such refreshments and/or meals must be approved in advance by the Superintendent or his/her designee. Meal requests may be approved when: 

officers and/or employees of the district will be prevented from taking time off for food consumption due to a pressing need to complete the business at hand;



the district is faced with business of an immediate nature and meetings of district employees are essential at mealtime;



the district wishes to recognize the services provided by volunteers or other unsalaried members of the district (in such cases, however, only the meals of those being recognized may be reimbursed and the cost of the meals must be reasonable).

An example of an authorized expenditure would be refreshments and/or meals for staff assigned to participate in assessment day grading of standardized tests. All expenses must be appropriately documented, including the date, purpose of the meeting and the group in attendance, and submitted to the district’s Business office for the purposes of audit and possible reimbursement. Ref:

NY Constitution, Art. VIII, §1 (constitutional prohibition against gifts) Education Law §2118 Ops. St. Compt. 77-667; 79-522; 82-66; 82-213 82-298; 83-57; 98-2

Adoption date: September 9, 2009

ESMCSD Policy Book

9240 RECRUITING AND HIRING The Board of Education believes that the quality of the district’s employees in large part determines the quality of the education offered to the district’s students. As the employer for the school district, the Board will provide and maintain qualified and certified instructional and support personnel to carry out the educational programs of the district. The Superintendent or his/he designee shall implement and maintain a high-quality recruiting and hiring program to attract, secure and retain the best-qualified staff to meet the needs of students and the district. New or Revised Positions The Superintendent or his/her designee will develop recommended qualifications for all new positions in the district and review the qualifications for all existing positions as necessary. The Superintendent must approve all recommended qualifications for all new and existing positions. The Board must approve the qualifications for all new positions in the district and revisions of the qualifications for existing positions. The Superintendent or his/her designee shall refer all proposals for the creation or reclassification of all unclassified (non-instructional) positions and a statement of the duties for these positions to the Suffolk County Civil Service Commission for classification. The Superintendent or his/her designee shall develop job descriptions that incorporate the qualifications and job duties for all positions in the school district. The Superintendent must approve the job descriptions for all positions in the district. Recruiting The district will seek the most qualified candidates for vacant positions by recruiting from a variety of sources, including present staff. District employees may apply for all positions for which they meet the certification and other stated qualifications. Job vacancies may be advertised in the New York Times, Newsday and local newspapers. Instructional and administrative vacancies will also be listed on OLAS (“On-Line Application Service”). The Board and its employees will adhere to the practice of recruiting and hiring personnel without regard to age, color, creed, disability, marital status, national origin, race, religion, sex or any other status protected by federal or state law. Hiring Through standard recruiting and hiring procedures, the Superintendent or his/her designee will ensure that candidates for district employment meet all the qualifications set for the position sought. The district will comply with all the requirements of the Education and Civil Service laws, including any fingerprinting and certification requirements. ESMCSD Policy Book

9240 The Superintendent will recommend individuals for employment in the school district. The Board must approve of all individuals who are employed by the school district. The Board will interview final candidates for all administrative positions. The Board will also receive all application materials submitted by candidates who were deemed to be potential final candidates by the Superintendent but who are not being interviewed by the Board. Ref:

Age Discrimination in Employment Act (ADEA), 29 USC §§ 621 et seq. (prohibiting discrimination on the basis of age) Americans with Disabilities Act (ADA), 42 USC §§ 12101 et seq. (prohibiting discrimination on the basis of disability) Civil Rights Act of 1964 (Title VII), 42 USC §§ 2000e et seq. (prohibiting discrimination on the basis of color, national origin, race, religion and sex) Rehabilitation Act of 1973 (Section 504), 29 USC § 794 (prohibiting discrimination on the basis of disability) Title IX, 20 USC §§ 1681 et seq. (prohibiting discrimination on the basis of sex) New York State Constitution, article V, § 6 (requiring public employees be appointed on the basis of merit and fitness) Civil Service Law §§ 22, 40-44, 61(1) (rules on classified positions) Education Law §§ 1604(8), 1709(16), 2503(3), 2554(2), 3012(1)(a) (board’s authority to hire employees) Education Law §§ 1604(39), 1709(39), 1804(9), 1950(4), 2503(18), 2554(25) (fingerprinting requirements) Executive Law §§ 290 et seq. (prohibiting discrimination on the basis of age, color, creed, disability, marital status, national origin, race or sex)

Adoption date: September 23, 2009

ESMCSD Policy Book

9240-E EASTPORT-SOUTH MANOR CENTRAL SCHOOL DISTRICT PERSONNEL OFFICE All applicants who are new to the District shall complete form 9240-S and submit it to the Personnel Office with their employment application. Name of candidate: ________________________________________________ Position you are applying for: ________________________________________ Are you related by blood or marriage to any of the present members of the Eastport-South Manor Board of Education? Yes ________

No_______

Are you related by blood or marriage to anyone currently employed by the Eastport-South Manor Central School District? Yes _______

No _______

If yes, please list the person’s name, position and building in the space below: Name of employee

Employee’s position

Building

__________________

_________________ ____________________

__________________

_________________ ____________________

__________________

_________________ ____________________

In accordance with applicable law and collective bargaining agreements, providing inaccurate or incomplete information on this form may result in dismissal. _________________________ Candidate signature Adoption date: September 23, 2009

ESMCSD Policy Book

________________ Date

9260 CONDITIONAL APPOINTMENT - STUDENT SAFETY The Board of Education recognizes that there may be instances in which it is necessary, upon recommendation of the Superintendent of Schools, for the Board to conditionally appoint or to make an emergency conditional appointment of a prospective employee. To provide for the safety of students who have contact with an employee holding a conditional appointment or an emergency conditional appointment, the Board adopts the following policy. Upon the recommendation of the Superintendent, the Board may make a conditional appointment provided that the applicant: 1. Signs a statement indicating whether, to the best of his/her knowledge, he/she has any pending criminal charges or a criminal conviction in any jurisdiction; and 2. The applicant has obtained conditional clearance. No district employee who holds a conditional or emergency conditional appointment shall be in contact with students other than to provide instruction and/or other required services. No district employee who holds a conditional or emergency conditional appointment shall provide instruction and/or other related services with his/her classroom or office door closed unless the Building Principal has provided express prior permission to do otherwise. The building principal or his/her designee shall provide heightened administrative supervision of such employees while on school district property during the period of their conditional or emergency conditional appointment including, for example, unannounced visits to classrooms, walking the hallways and/or other activities that the principal determines to be appropriate. In addition, the district will ensure that all personnel, including conditional and emergency conditional appointed employees, are aware of and receive training regarding the prohibition against child abuse in an educational setting and of their responsibility for reporting any such abuse. All conditionally appointed and emergency conditionally appointed employees receive this training at the time of their initial contingency appointment. For purposes of this policy, the terms “conditionally appointed” and “emergency conditional appointment” shall refer to any employee holding conditional or emergency conditional appointment, as defined in Section 1709 of the Education Law. Cross-ref: Ref:

9620, Child Abuse in an Educational Setting

Education Law §§1125-1133; 1604(39); 1709(30); 1804(9); 1950(4)(ll); 2503(18); 2554(25); 2854(3)(a-2) (As extended by L.2001, c. 147; L.2003, c. 100; L.2005, c. 127; L.2007, c. 90) 8 NYCRR §§100.2(hh); Part 87

Adoption date: September 23, 2009 ESMCSD Policy Book

9271 TEMPORARY PERSONNEL Substitute Teachers The Board of Education recognizes its obligation to provide qualified, temporary replacements for district teachers who are absent from school. Although it is the goal of the administration to hire certified substitutes, it is understood that time allowances and other circumstances may prevent this. In order to allow adequate time for the school to procure a substitute, professional staff members should notify the building principal of their absence in advance. Whenever possible, the teacher who will be absent should leave a detailed lesson plan for the substitute to follow. Each year the Board, working with the Superintendent, shall establish a salary schedule for substitute teachers. Student Teachers Students at an approved college or university may take their practice teaching in the district’s schools upon approval of the Superintendent and the prospective cooperating teacher. The agreement between the school and the college or university must demonstrate the active role that such institution will take. While the district is willing to cooperate in such programs, it cannot assume principal responsibility for the teacher training. Student teachers will not be asked to cover someone else’s class in the event of a teacher’s absence. The cooperating teacher will not be asked to cover an absent teacher’s class while his/her student teacher is holding class. The Superintendent shall ensure that the district educational program does not suffer as the result of participating in the training of student teachers. Adoption date: September 23, 2009

ESMCSD Policy Book

9320 DRUG-FREE WORKPLACE The Board of Education prohibits the illegal, improper or unauthorized manufacture, distribution, dispensing, possession or use of any controlled substances in the workplace. "Workplace" shall mean any site on school grounds, at school-sponsored activities, or any place in which an employee is working within the scope of his/her employment or duties. "Controlled substances" shall include all drugs which are banned or controlled under federal or state law, including those for which a physician's prescription is required, as well as any other chemical substance which is deliberately ingested to produce psychological or physiological effects, other than accepted foods or beverages. The Superintendent of Schools or his/her designee shall implement related regulations which outline the requirements of the federal Drug-Free Workplace Act of 1988. In addition to complying with federal laws regarding the use of drugs, the Board prohibits any employee to use, have in his/her possession, to distribute or be under the influence of alcohol on school property or at a school sponsored activity. Ref:

Drug-Free Workplace Act (DFWA), 41 U.S.C. §§702-707 Controlled Substances Act, 21 U.S.C. §812 21 CFR §§1300.11-1300.15 34 CFR Part 85 (U.S. Dept. of Ed. Regulations under the DFWA) Civil Service Law §75 Education Law §3020-a Patchogue-Medford Congress of Teachers v. Board of Education, 70 NY2d 57 (1987)

Adoption date: September 23, 2009

ESMCSD Policy Book

9320-R DRUG-FREE WORKPLACE REGULATION 1.

The Superintendent of Schools shall certify to any federal agency making a direct grant to the district that the district will provide a drug-free workplace, in accordance with the Drug-Free Workplace Act of 1988.

2.

The Superintendent or his/her designee shall establish a drug-free awareness program to inform employees about:

3.

4.

a.

the dangers of drug abuse in the workplace;

b.

the district's policy of maintaining a drug-free workplace;

c.

any available drug counseling, rehabilitation, and employee assistance programs; and

d.

the penalties that may be imposed upon employees for drug abuse violations.

The Superintendent or his/her designee shall publish a statement notifying district employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace (as defined by district policy). The statement shall specify the actions that will be taken against employees for violations of such prohibition. Each employee shall receive a copy of this statement and the DrugFree Workplace Act of 1988. Each employee, as a condition of employment on any direct federal grant, shall: a.

abide by the terms of the statement; and

b.

notify his/her immediate supervisor, who shall notify the Superintendent, of any criminal drug statute conviction for a violation occurring in the workplace within five (5) days of such conviction.

5.

The Superintendent shall notify the Board of Education of any such conviction(s), and shall notify the granting agency within 10 days after receiving notice of such conviction(s) from any source.

6.

Within 30 days of such conviction(s), the district shall initiate appropriate disciplinary action against any employee so convicted in the manner provided for by law, up to and including dismissal, and/or require his/her satisfactory participation in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.

7.

The district shall make a "good faith effort" to continue to maintain a drug-free workplace through implementation of these regulations.

Adoption date: September 23, 2009

ESMCSD Policy Book

9420 STAFF EVALUATION The Board of Education believes that the regular, rigorous and meaningful evaluation of staff is necessary to improve the achievement of students and the efficiency of district operations. To this end, the Superintendent of Schools shall be responsible for ensuring that all district employees are evaluated annually and receive additional staff training, if necessary, to improve their skills. Administrators All administrators in the school district shall be evaluated annually by the Superintendent in accordance with any applicable collective bargaining agreement. Professional Employees All professional employees (teachers, attendance teachers, counselors, dental hygiene teachers, nurse-teachers, school psychologists and social workers) shall be evaluated annually in accordance with any applicable collective bargaining agreement and the district’s Professional Performance Review Plan. The plan shall include criteria for evaluating teachers and other professional employees, assessment methods, plans to improve unsatisfactory teacher performance, and training for evaluators. The Superintendent shall collaborate with teachers, pupil personnel professionals, administrators and parents in developing the plan. The Superintendent shall be responsible for selecting those individuals with whom he or she will collaborate in the development of the plan. The Superintendent shall meet with a group of such individuals at least once each year. The Superintendent shall submit the district’s Professional Performance Review Plan, with any recommended changes, to the Board at its reorganizational meeting each July. At that meeting, the Board may request that the Superintendent reconsider or reexamine certain aspects of the plan, in which case, the Superintendent will resubmit the plan at the Board’s first regular meeting in August. The Board will provide members of parent organizations and the president of the teachers’ union the opportunity to comment on the plan, prior to its adoption, at any meeting at which the plan is considered. The Board must approve the plan before it becomes effective. The approved plan for each school year will be available in the district offices by September 10 of each year. Each year, the Superintendent shall provide a report to the State Education Department on information related to the district’s efforts to address the performance of teachers rated unsatisfactory. Support Staff Support staff (those staff not required to be evaluated under the Professional Performance Review Plan) shall be evaluated annually in accordance with any applicable collective bargaining agreement. The Superintendent shall ensure that all required evaluations take place. ESMCSD Policy Book

9420

Training The Superintendent shall ensure that all staff that are required to evaluate other staff are provided sufficient training in assessment and evaluation. Cross-ref: Ref:

9700, Staff Development

8 NYCRR § 100.2(o)(2) (Professional Performance Review Plans)

Adoption date: September 23, 2009

ESMCSD Policy Book

9500 COMPENSATION AND BENEFITS The Board of Education believes that the district’s employees should receive fair compensation and benefits for the work it provides in serving the children of our community. To this end, the Superintendent of Schools shall be responsible for establishing and administering the compensation and benefits provided to the district’s employees. The Board and the school district will comply with all applicable federal and state laws that require minimum compensation and benefits be provided to employees. Employees Covered by Collective Bargaining Agreements The compensation and benefits for employees who are represented by recognized or certified employee organizations are established by collective bargaining agreements negotiated between the employee organizations and the district. The district will negotiate in good faith over these issues, as required by law, and will fully comply with the requirements of the Taylor Law and the collective bargaining agreements it enters into with its employees. To ensure that the compensation and benefits provided to employees are fair and within the parameters of the district budget, the Board reserves its right to approve all additional funding required by the provisions of a tentative collective bargaining agreement, in addition to any right of ratification that is secured by the district’s negotiation representative(s). Employees Not Covered by Collective Bargaining Agreements The compensation and benefits for employees who are not represented by recognized or certified employee organizations shall be determined by the Superintendent, with approval by the Board. Ref:

Consolidated Omnibus Budget and Reconciliation Act of 1985 (COBRA), 42 USC §§ 300bb-1 et seq. (federal law that requires the continuation of health insurance benefits under certain circumstances) Fair Labor Standards Act (FLSA), 29 USC §§ 200 et seq. (federal law that requires a minimum wage and overtime for non-exempt employees) Family and Medical Leave Act of 1993 (FMLA), 29 USC §§ 2610 et seq. (federal law that requires an unpaid leave of absence for certain family and medical situations) Civil Service Law §§ 200 et seq. (“Taylor Law,” requires school districts to negotiate with unions) Education Law § 3005-b (requires a minimum sick leave allotment and accumulation for teachers)

Adoption date: September 23, 2009

ESMCSD Policy Book

9500.1 OVERTIME AND COMPENSATORY TIME It is the intent of the Board of Education that accrual of compensatory time by employees not covered by collective bargaining units to be guided by this policy. Employees of the district not covered under any collective bargaining agreement, upon authorization of the Superintendent may earn compensatory time for hours worked beyond the forty-hour work week, as described in the Fair Labor Standards Act. Employees of the district not covered under any collective bargaining agreement, upon authorization of the Superintendent and agreement of the employee, may earn compensatory time at a rate of time and one-half for hours worked beyond the forty-hour workweek, as described in the Fair Labor Standards Act. Accumulation of compensatory time may not exceed 240 hours at any one time without compensation for accrued time. Employees exempt from overtime and compensatory time as described in the Fair Labor and Standards Act, except at the discretion of the Superintendent, may not earn overtime and/or compensatory time. The Board of Education will receive a bi-annual report regarding the totals of overtime and compensatory time for the previous semester, submitted by the Superintendent, on or about February 15th and July 15th of each year. Adoption date: October 7, 2009

ESMCSD Policy Book

9520 LEAVES OF ABSENCE In general, leaves of absence: 1.

Shall be administered by the Superintendent.

2.

The Board reserves the right to grant leaves of absence for purposes or conditions not contemplated in this policy statement.

3.

Under laws and rules governing such action, the Board may undertake appropriate disciplinary action where a leave of absence is falsely requested or improperly used.

4.

Except by permission of the Superintendent, as expressed in writing, the purpose or conditions of a leave of absence may not be altered.

Contractual leaves of absence: 1.

Employees who are members of a bargaining unit – Authorization is granted to approve requests for leaves of absence submitted pursuant to provisions of contracts in effect between the district and each bargaining unit.

2.

Employees who not members of a bargaining unit – Authorization is granted to approve requests for leaves of absence submitted by such employees where such requests are consistent with provisions of contracts in effect between the district and the bargaining unit most compatible with the employment status of the employee.

3.

Employees who are under contract to the district – Authorization is granted to implement provisions for leaves of absence contained in each such contract.

Unpaid leaves of absence (not covered above): 1.

Subject to limitations enumerated in this policy statement, authorization is granted for the following unpaid leaves of absence: a.

For a period of time not to exceed one school year for approved graduate study, such leave to include any required internship experience.

b.

At the expiration of a paid leave of absence, to extend such a leave of absence for a period of time not to exceed the end of the school year which succeeds the school year in which the paid leave of absence commenced.

2.

Unpaid leaves of absence shall not be used to extend vacation periods, to take vacations, to engage in other occupations or to provide additional personal leaves, except that the Superintendent shall have discretion, where circumstances warrant, to approve leaves of absence for such purpose.

3.

Unpaid leaves of absence shall not be granted unless the services of a substitute employee can be secured.

ESMCSD Policy Book

9520 4.

Except where it interferes with an employee’s legal or contractual rights, the timing of unpaid leaves of absence will be granted at the convenience of the district.

Ref:

Education Law §§1709(16), 3005, 3005-a, 3005-b Civil Service Law §§ 71-73

Adoption date: October 7, 2009

ESMCSD Policy Book

9520.2 FAMILY AND MEDICAL LEAVE

Consistent with the federal Family and Medical Leave Act (FMLA) of 1993 as amended, the Board of Education recognizes the right of eligible employees to unpaid, job protected family and medical leave for up to twelve (12) workweeks during any twelve (12) month period. The Board shall ensure that all eligible employees who use such leave shall have their health benefits continued and shall be returned to an equivalent position according to established Board practices, policies and collective bargaining agreements. To be eligible for FMLA an employee must have been employed for at least twelve months and have worked at least 1,250 hours during the prior twelve months. FMLA leave shall be granted for the following reasons: 1.

the birth and care of a newborn child of the employee;

2.

the adoption or foster placement of a child;

3.

to care for an employee's spouse, parent, or son or daughter with a serious health condition;

4.

due to a serious health condition that makes the employee unable to perform the essential functions of the employee’s job;

5.

for a qualifying exigency as defined in law and regulation, arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty).

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member is entitled to a total of 26 workweeks of unpaid, job protected leave in a single 12-month period to care for the service member who is seriously ill or injured in the line of duty. An employee may elect, or the district may require, an employee to use accrued paid vacation, personal or family leave for purposes of an FMLA leave. An employee may elect, or the district may require, an employee to use accrued vacation, personal, or medical/sick leave for purposes of a medical leave. The employee shall notify the district of his/her request for leave, if foreseeable, at least 30 days prior to the date when the leave is to begin. If such leave is not foreseeable then the employee shall give such notice as is practical. The district may require a certification from a health care provider if medical leave is requested. When an employee returns following a leave, he/she must be returned to the same or equivalent position of employment. The Superintendent of Schools or designee may reassign a teacher consistent with the teacher's agreement to a different grade level, building or other assignment consistent with the employee's certification and tenure area. ESMCSD Policy Book

The Board shall ensure that FMLA is provided to all eligible employees, unless they are covered by a collective bargaining agreement which provides greater leave benefits than this Act. The district shall post a notice prepared or approved by the Secretary of Labor stating the pertinent provisions of the Family and Medical Leave Act, including information concerning enforcement of the law. Ref:

29 U.S.C. §§ 207, 2601, 2611, 2612, 2613, 2614, 2618, 2619. 29 CFR §§ 825.110, 825.309, 825.600, 825.603, 825.800.

Adoption date: March 16, 2016

ESMCSD Policy Book

9520.2-R FAMILY AND MEDICAL LEAVE REGULATION Consistent with the federal Family and Medical Leave Act of 1993 (FMLA) as amended, the Board of Education shall provide up to twelve (12) workweeks of unpaid, job protected leave in a twelve (12) month period for its eligible employees. In addition, FMLA provides eligible employees with 26 workweeks of leave in a single 12 month period to care for a covered service member with a serious illness or injury incurred in the line of duty. An eligible employee must have been employed for at least twelve months, have worked at least 1,250 hours during the prior twelve months, and be employed at a worksite where at least 50 employees are employed by that employer within a 75 mile radius of that worksite. Right to Benefits During Leave An eligible employee is entitled to a total of twelve workweeks of unpaid, job protected family and medical leave. Any employee who uses the unpaid, job protected leave shall have his/her health benefits continued during the leave, shall not have any previously accrued benefits altered and shall be returned to an equivalent position according to established Board policies and collective bargaining agreements. The employee is not entitled to accrue seniority during the leave. An employee may elect, or the district may require, an employee to use available paid leave time for purposes of a family or medical leave. However, an employee may only use accrued paid leave in accordance with the applicable collective bargaining agreement. Family and Medical Leave Family leave is available when a child is born to the employee, adopted by an employee or one is placed with the employee for foster care. Medical leave is available in order for the employee to take care of a spouse, child, parent who has a serious health condition, when the employee has a serious health condition rendering him/her unable to perform the functions of the employee's job. Military caregiver leave is available to employees who are family members of covered service members with a serious illness or injury incurred in the line of duty on active duty. Additionally, this applies to covered veterans who require care and have been other than dishonorably discharged from service within the last five (5) years. Military caregiver leave is a special entitlement that allows the employee to extend FMLA leave to 26 workweeks. Qualifying exigency leave is available to employees when a family member is notified of impending call or called to active duty. A child shall include any individual whether biological, adopted, a foster child, a stepchild, a legal ward, or a child standing in loco parentis who is under eighteen years of age or, if over eighteen, is incapable of self-care due to a mental or physical disability. A parent shall include the biological parent of the employee or an individual who stood in loco parentis to the employee when he/she was a child. Next of kin shall mean the nearest blood relative other than spouse, parent, son, daughter, as defined in federal regulation. ESMCSD Policy Book

9520.2-R A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. Family leave must be taken within one year of the birth or placement of the employee's child. If both spouses are employed by the district, the combined amount of leave for family leave or medical leave may be limited to twelve weeks. Notice to Take Leave The employee shall notify the district of his/her request for family or medical leave at least 30 days prior to the date when the leave is to begin, when such leave is foreseeable. If such leave is not foreseeable then notice shall be given as early as is practical. If the employee requests medical leave, reasonable attempts shall be made to schedule treatment so as not to disrupt the district's operations. Employees, absent unusual circumstance, must comply with the district’s usual and customary notice and procedural requirements for requesting leave. Intermittent Leave An employee, who requests family leave, shall not be provided intermittent leave or a reduced leave schedule unless the employee and district mutually agree. Intermittent leave may be provided for medical leave, however, the district may transfer the employee to a comparable position if it will better accommodate such intermittent periods of leave. For instructional employees who request medical leave and it is foreseeable that the medical treatment shall cause the employee to be on leave for more than 20% of the total number of working days in the period of leave, the district may require the employee to take a block of time or to transfer to an equivalent position for which the employee is qualified, but which better accommodates intermittent periods of leave. Military Leave: Leave Related to Active Duty or a Call to Active Duty If the necessity for leave because of a qualifying exigency arising from the fact that a family member is on active duty or has been notified of an impending call to active duty is foreseeable, the employee shall give such notice to the district as soon as is reasonable and practicable. The School Board may require that a request for leave because of a qualified exigency arising from the fact that the employee’s spouse, son, daughter, or parent is on active duty or has been notified of an impending call to active duty be supported by a certification issued in accordance with regulations. Certification The district may require the employee requesting medical leave to present a certification from the health care provider of the person for whom the employee is taking the leave. Upon request by the district, the employee must provide the certification within 15 days. The certificate shall include: ESMCSD Policy Book

9520.2-R 1.

the date on which the serious health condition commenced;

2.

the probable duration of the condition;

3.

the appropriate medical facts within the knowledge of the health care provider regarding the condition;

4.

a statement that the employee is needed to care for the family member and an estimate of the amount of time that such employee shall be needed or a statement that the employee is unable to perform the functions of the employee's position; and

5.

the dates and duration of medical treatment if the request for intermittent leave is for a planned medical treatment.

If the district doubts the validity of the certification, then, at the district's expense, a second opinion may be required from a health care provider selected by the district. The school physician cannot give this opinion. If the two opinions conflict, a third health care provider, at the district's expense, may be chosen by the two parties to render a final opinion. Restoration An instructional employee, who begins any type of leave at least five (5) weeks before the end of an academic term, may be required not to return until the new term begins if the leave is at least three (3) weeks long and the employee would return during the last three (3) weeks of the term. An instructional employee who begins leave, for any purpose other than personal illness, less than three (3) weeks prior to the end of the term and the leave is longer than five (5) working days, may be required not to return until the new term begins. Failure to Return The district may recover the health care premiums paid during the leave if the employee fails to return from the leave. However, recovery cannot occur if the employee fails to return because of the continuation, recurrence, or onset of a serious health condition or due to circumstances beyond the control of the employee. Effect on Existing Laws or Agreements The Board shall ensure that family and medical leave, consistent with the Family and Medical Leave Act, is provided to all eligible employees. Any collective bargaining agreement which contains greater leave benefits than this policy shall remain in force. Notice of Policy The district shall post a notice prepared or approved by the Secretary of Labor stating the pertinent provisions of the Family and Medical Leave Act, including information concerning enforcement of the law. Adoption date: March 16, 2016 ESMCSD Policy Book

9620 CHILD ABUSE IN AN EDUCATIONAL SETTING The Board of Education recognizes that children have the right to an educational setting that does not threaten their physical or emotional health and development. Child abuse by school personnel or school volunteers violates this right and therefore is strictly prohibited. Allegations of child abuse by school personnel and school volunteers shall be reported in accordance with the requirements of Article 23-B of the Education Law. Required Reporters Any person holding any of the following positions shall be required to promptly report written or oral allegations of child abuse in an educational setting: • • • • • • • •

school administrator teacher school nurse school guidance counselor school psychologist school social worker other school personnel required to hold a teaching or administrative license or certificate school board member

For purposes of this policy, persons holding these positions shall be referred to as “required reporters.” Definitions “Educational setting” means the buildings and grounds of the district, the vehicles provided by the district to transport students to and from school buildings, field trips, co-curricular and extracurricular activities both on and off school district grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee and volunteer and a child has allegedly occurred. “Child” means a person under the age of 21 enrolled in a New York State school district, other than New York City. “Child abuse” means any one of the following acts committed in an educational setting by an employee or volunteer against a child: 

intentionally or recklessly inflicting physical injury, serious physical injury or death; or



intentionally or recklessly engaging in conduct that creates a substantial risk of physical injury, serious physical injury or death; or

ESMCSD Policy Book

9620 

any child sexual abuse as prohibited by Articles 130 or 235 of the Penal Law; or



the commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to Article 235 of the Penal Law.

Reporting Requirements In any case where a written or oral allegation of child abuse by an employee or volunteer in an educational setting is made to a required reporter, the required reporter shall: 1.

promptly complete the required State Education Department report form; and

2.

personally deliver it to the Principal of the school in which the child abuse allegedly occurred.

“Promptly” means with all deliberate speed, given the pertinent facts and circumstances surrounding the allegation. If the allegation involves a child who was allegedly abused by an employee or a volunteer of a school in another school district, the required reporter must promptly forward the report form to the Superintendent of the district of attendance and the Superintendent of the school district where the abuse allegedly occurred (if different). Upon receiving a written report, the Principal shall review the report and determine whether there is reasonable suspicion to believe that an act of child abuse has occurred. In those circumstances where the Superintendent receives the written report directly, he or she will be responsible for making the reasonable suspicion determination. If the Principal/Superintendent determines there is reasonable suspicion to believe that an act of child abuse has occurred, he or she shall promptly notify the parent of the alleged child victim in writing (assuming that the parent is not the person who originally reported the alleged abuse) that an allegation of child abuse in an educational setting has been made and promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Regulations of the Commissioner of Education. If the person making the allegation of abuse is someone other than the child or the child’s parent, the Principal/Superintendent shall contact the person making the report to learn the source and basis for the allegation. The Principal shall also promptly provide a copy of the written report to the Superintendent and send a copy to the appropriate law enforcement authorities. In no event shall the Principal delay in sending the report to law enforcement because of an inability to contact the Superintendent.

ESMCSD Policy Book

9620 The Superintendent shall send to the Commissioner of Education any written report forwarded to the local law enforcement authorities where the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by the department. Rights of Employees and Volunteers Any employee or volunteer against whom an allegation of child abuse has been made and against whom the district intends to take adverse action shall be entitled to receive a copy of the report and to respond to the allegations. In addition, such persons are entitled to seek disclosure of reports involving them under the Freedom of Information Law. Confidentiality All reports, photographs, and other written material submitted pursuant to this policy and Article 23-B of the Education Law shall be confidential and may not be redisclosed except to law enforcement authorities involved in investigating the alleged abuse or except as expressly authorized by law or pursuant to a court-ordered subpoena. The Principal and Superintendent shall exercise reasonable care to prevent unauthorized disclosure. Willful disclosure of a written record required to be kept confidential to a person not authorized to receive or review such record is a class A misdemeanor. Penalties Willful failure of an employee to prepare and submit a written report of alleged child abuse required by Article 23-B of the Education Law shall be a class A misdemeanor. Willful failure of any Principal or Superintendent to submit a written report of alleged child abuse to an appropriate law enforcement authority, as required by Article 23-B of the Education Law, shall be a class A misdemeanor. In addition, the Commissioner of Education may, following an administrative determination, impose a civil penalty of up to five thousand dollars on any administrator who fails to submit a report of child abuse to an appropriate law enforcement authority. The law further prohibits any Principal or Superintendent from agreeing to withhold from the appropriate law enforcement authorities, a superintendent or the Commissioner of Education, where appropriate, an allegation of child abuse in an educational setting on the part of any employee or volunteer as required by law, in return for the resignation or voluntary suspension of the alleged perpetrator. Violation of this prohibition can result in a class E felony charge and a civil penalty of up to $20,000. Record Retention Any report of child abuse by an employee or volunteer that does not result in a criminal conviction shall be expunged from the records kept by the school or school district with respect to the subject of the report after five years from the date the report was made. ESMCSD Policy Book

9620 Training The Superintendent shall be responsible for establishing and implementing on an ongoing basis a training program for all current and new required reporters on the procedures required under Article 23-B. The program shall include at a minimum all the elements specified in Commissioner’s regulations. Ref:

Education Law §§1125-1133 Articles §§130, 235, 263 8 NYCRR §100.2 (hh) (Reporting of Child Abuse in an Educational Setting) Appeal of S.S., 42 EDR 273 (2003)

Adoption date: October 7, 2009

ESMCSD Policy Book

9620-E.1 CHILD ABUSE IN AN EDUCATIONAL SETTING EXHIBIT CONFIDENTIAL REPORT OF ALLEGATION SUBJECT CHILD

PARENT OF SUBJECT CHILD

Name Last

First

Name

MI

Address (if different)

Address School Grade Sex (M, F, Unknown) Age or Birthday (Mo/Day/Yr) SOURCE OF ALLEGATION (Check as Appropriate) Child

Parent

Other – Name

__ Relationship to Child (if any)_______________

ALLEGED PERPETRATOR (EMPLOYEE OR VOLUNTEER) Name School Building

School District _______School Position

______

SPECIFIC ALLEGATION Use this space to provide information to describe or explain the circumstances surrounding the allegation. (attach additional sheets if necessary)

REPORTER INFORMATION Name Address any)_____________________________ 

School District School Telephone

School Relationship to Child (if

Teacher School Guidance Counselor School Nurse School Psychologist Administrator School Board Member School Social Worker School personnel required to hold teaching or administrator license or certification

Date Submitted to Administrator ____/_____/____/

ESMCSD Policy Book

Signature____________________________________

FOR ADMINISTRATOR USE ONLY Reasonable Suspicion

_______Yes

FOR SUPERINTENDENT OF SCHOOL USE ONLY _______No

Reasonable Suspicion

_______Yes

_______No

Date Submitted to Superintendent _____/_____/_____

Date Submitted to Law Enforcement _____/_____/_____

Name/Signature _______________________________

Name/Signature_________________________________

Date Submitted to Law Enforcement _____/_____/____

Date Submitted to Commissioner

Name/Signature ________________________________

Name/Signature_________________________________

/

/

Date parent notified: Law enforcement agency notified:

Child Abuse in an Educational Setting Definitions Definitions contained in §1125 of Article 23-B, Title I of the Education Law 1.

“Child abuse” shall mean any of the following acts committed in an educational setting by an employee or volunteer against a child: a.

intentionally or recklessly inflicting physical injury, serious physical injury or death, or

b.

intentionally or recklessly engaging in conduct which creates a substantial risk of such physical injury, serious physical injury or death, or

c.

any child sexual abuse as defined in this section, or

d.

the commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to Article 235 of the Penal Law.

2.

“Child” shall mean a person under the age of 21 years enrolled in a school district in this State, other than a school district within a city having a population of one million or more.

3.

“Employee” shall mean any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine-B of article five of the social services law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact.

4.

“Volunteer” shall mean any person, other than an employee, who provides services to a school or school district, which involve direct student contact.

ESMCSD Policy Book

9620-E.1 5.

“Educational setting” shall mean the building and grounds of a public school district, the vehicles provided by the school district for the transportation of students to and from school buildings, field trips, co-curricular and extra-curricular activities, both on and off school district grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.

6.

“Administrator” or “school administrator” shall mean a principal of a public school, charter school or board of cooperative educational services, or other chief school officer.

7.

“Law enforcement authorities” shall mean a municipal police department, sheriff’s department, the division of state police or any officer thereof. Notwithstanding any other provision of law, law enforcement authorities shall not include any child protective service or society for the prevention of cruelty to children as such terms are defined in section four hundred twenty-three of the social services law.

8.

“Parent” shall mean either or both of a child’s parents or other persons legally responsible for the child.

9.

“Child sexual abuse” shall mean conduct prohibited by article one hundred thirty or two hundred sixty-three of the penal law.

Adoption date: November 4, 2009

ESMCSD Policy Book

9620-E.2 CHILD ABUSE IN AN EDUCATIONAL SETTING EXHIBIT NOTICE/REPORTING REQUIREMENTS Duties of Employees The law imposes reporting requirements on teachers, administrators, school nurses, school guidance counselors, school psychologists, school social workers, school board members and all other school personnel required to hold a teaching or administrative license or certificate. When these employees receive an allegation of child abuse by an employee or volunteer in an educational setting, they must take the following steps: a. Upon receipt of an oral or written allegation of child abuse in an educational setting, the employee must promptly complete the “Child Abuse in an Educational Setting” report form (attached). b. Upon completion of the report form, the employee must personally deliver it to the school building administrator of the school in which the child abuse allegedly occurred. c. If the allegation(s) involves a child who was allegedly abused by an employee or a volunteer of a school in another school district, the employee must promptly forward the report form to the superintendent of schools of the school district of attendance and the school district where the abuse allegedly occurred. Duties of School Building Administrators In all cases, upon receipt of a report form, the school building administrator must review the form and determine if there is reasonable suspicion to believe that an act of child abuse, as defined by law, has occurred. If he or she finds reasonable suspicion to believe that an act of child abuse has occurred, additional steps must be taken which differ depending upon the individual who has made the allegation. Child makes the Allegation a.

Promptly notify the parent of the child that an allegation of child abuse in an educational setting has been made.

b.

Promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)).

c.

Promptly provide a copy of the completed report form to the superintendent.

d.

Promptly forward a copy of the completed report form to the appropriate law enforcement authorities. The report to law enforcement may not be delayed by reason of inability to contact the superintendent.

ESMCSD Policy Book

9620-E.2 Parent Makes the Allegation a.

Promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)).

b.

Promptly provide a copy of the completed report form to the superintendent.

c.

Promptly forward a copy of the completed report form to the appropriate law enforcement authorities. The report to law enforcement may not be delayed by reason of inability to contact the superintendent.

Person other than the Parent or the Child Makes the Allegation a.

Promptly notify the parent of the child that an allegation of child abuse in an educational setting has been made.

b.

Promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)).

c.

Ascertain from the reporting employee the source and basis for the allegation and complete that portion of the report form.

d.

Promptly provide a copy of the completed report form to the superintendent.

e.

Promptly forward a copy of the completed report form to appropriate law enforcement authorities. The report to law enforcement may not be delayed by reason of inability to contact the superintendent.

Duties of Superintendents In most cases, the school building administrator will receive the completed report form from an employee and make the reasonable suspicion determination. However, there are situations in which the superintendent will receive the report form directly and he or she will be responsible for making the reasonable suspicion determination such as: a.

Where the school building administrator receives the oral or written allegation and is required to complete the report form;

b.

Where it is alleged that a child was abused by an employee or volunteer of a school other than a school within the school district where the child attends.

In addition, a superintendent may receive an oral or written allegation of child abuse in an educational setting from local law enforcement officials or from child protective services. In these cases, the superintendent would be responsible for completing the report form and, subsequently, making the reasonable suspicion determination. ESMCSD Policy Book

9620-E.2 If the superintendent finds reasonable suspicion to believe that an act of child abuse has occurred, as defined by law, additional steps must be taken which differ depending on the individual who has made the allegation. Child makes the Allegation a.

Promptly notify the parent of the child that an allegation of child abuse in an educational setting has been made.

b.

Promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)).

c.

Promptly forward a copy of the completed report form to the appropriate law enforcement authorities.

Parent Makes the Allegation a.

Promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)).

b.

Promptly forward a copy of the completed report form to the appropriate law enforcement authorities.

Person other than the Parent or the Child Makes the Allegation a.

Promptly notify the parent of the child that an allegation of child abuse in an educational setting has been made.

b.

Promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Commissioner’s regulations (8NYCRR §100.2(hh)).

c.

Ascertain from the reporting employee the source and basis for the allegation and complete that portion of the form.

d.

Promptly forward a copy of the completed report form to the appropriate law enforcement authorities.

In all cases where a completed report is forwarded to the appropriate law enforcement authorities and the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by the Department, the superintendent must also refer such report to the Commissioner of Education.

ESMCSD Policy Book

9620-E.2 Expungement A report that does not, after investigation, result in a criminal conviction shall be expunged from any record which may be kept by a school or school district with respect to the subject of such a report after a period of five years from the date of the making of such report or at such earlier time as such school or school district determines. Penalty Provisions The requirements set forth within the law are mandatory. Willful failure of an employee to prepare and submit a report form as required by the law is a Class A misdemeanor. The law also provides that a willful failure of a school building administrator or superintendent to forward a copy of the report form to the appropriate law enforcement authority is a Class A misdemeanor. In addition, the Commissioner of Education can also fine a school building administrator or a superintendent up to $5,000 for failure to forward a copy of the completed report form to the appropriate law enforcement authorities. Immunity Provisions The law provides immunity from civil liability for employees, volunteers, school uilding administrators and superintendents who reasonably and in good faith make a report of child abuse in an educational setting in the manner described in the law. The law also provides immunity from civil liability to school building administrators and superintendents who reasonably and in good faith forward a copy of the report form to a person or agency as required by law and in the manner described in the law. Confidentiality of Records In general, the only persons authorized to receive the written report form and any related materials are the school building administrator and the superintendent. The law requires that all reports, records, photographs and other material submitted remain confidential and may not be disclosed except to law enforcement authorities involved in the criminal investigation of child abuse in an educational setting or as expressly authorized by law or pursuant to a court–ordered subpoena. Willful disclosure of a written record required to be confidential, to a person not authorized to receive or review such record is a class A misdemeanor. The law requires that school building administrators and superintendents exercise reasonable care to prevent unauthorized disclosure. Duties of District Attorneys Where a criminal investigation is undertaken in response to a report forwarded to the appropriate law enforcement authorities, the district attorney must notify the superintendent of the school district where the acts of child abuse occurred and the superintendent of the school district where the child attends, if different, of the following:  ESMCSD Policy Book

an indictment;

9620-E.2   

the filing of an accusatory instrument; the disposition of the criminal case; or, the suspension or termination of the investigation.

Where a criminal conviction is obtained for a crime involving child abuse in an educational setting by a licensed or certified school employee, the district attorney is required to notify the Commissioner of Education, as well as the superintendent of the school district in which the acts of child abuse occurred and the superintendent of the school district where the child attends, if different. Duties of the Commissioner of Education Upon receiving notification of conviction from a district attorney, the Commissioner of Education must begin proceedings against the convicted individual pursuant to Part 83 of the Commissioner’s regulations to determine whether the individual possesses good moral character. The determination may result in additional action taken against the individual related to his or her license or certification. The Commissioner has issued a form to be used for the recording and transmission of allegations of child abuse in educational settings which has been adopted and incorporated into Policy Number 9620- E1. The Commissioner and the Board of Regents also promulgated §100.2(hh)(2), which sets forth the training requirements relating to child abuse in an educational setting. Unreported Resignations or Voluntary Suspensions The law prohibits school building administrators or superintendents from agreeing to withhold from the appropriate law enforcement authorities, a superintendent or the Commissioner of Education, where appropriate, an allegation of child abuse in an educational setting on the part of any employee or volunteer as required by law, in return for the resignation or voluntary suspension of the alleged perpetrator. Violation of this prohibition can result in a class E felony charge and a civil penalty of up to $20,000. Adoption date: November 4, 2009

ESMCSD Policy Book

9645 DISCLOSURE OF WRONGFUL CONDUCT The Board of Education expects officers and employees of the district to fulfill the public’s trust and to conduct themselves in an ethical manner, abiding by all district policies and regulations and by all applicable state and federal laws and regulations. However, when district officers or employees know or have reasonable cause to believe that instances of wrongful conduct have occurred, they should report such wrongful conduct to the Superintendent of Schools or the Board. For purposes of this policy, examples of “wrongful conduct” include: 

theft of district money, property, or resources;



misuse of authority for personal gain or other non-district purpose;



fraud, corruption, conflicts of interest or abuse by another relating to his office or employment



violations of applicable federal and state laws and regulations; and/or



serious violations of district policy, regulation, and/or procedure.

Disclosure and Investigation Employees and officers who know or have reasonable cause to believe that wrongful conduct has occurred or is occurring shall report such wrongful conduct to the Superintendent or the Board, if the allegation involves the Superintendent. Upon receiving a report of alleged wrongful conduct, the district shall take prompt steps to conduct an investigation. The Superintendent or his/her designee or, if the allegation involves a Superintendent, the Board or its designee shall cause a written record to be made of the allegation and an investigation conducted. The Board shall approve the engagement of special counsel, independent auditors or other outside contractors deemed appropriate to assist in the investigation. A report shall be made to the criminal authorities if it is suspected that a crime has been committed. “Whistleblower” Protections Employees who have a reasonable belief that the conduct about which he or she complains constitutes a violation of law, rule or regulation by the school district are protected by Section 75-b of the New York State Civil Service Law. Accordingly, the District shall take no action to terminate, otherwise discipline or take any other adverse personnel action against an employee because he or she disclosed information to a governmental body regarding a violation of a law, rule or regulation where the violation: 1) 2)

creates and presents a substantial and specific danger to the public health or safety; or creates and presents a substantial and specific danger to the public health or safety; or

ESMCSD Policy Book

9645 3)

is one which the employee reasonably believes to be true and reasonably believes constitutes an improper school district action.

Before reporting any such information to another governmental agency, and in order to obtain the protections of Section 75-b of the Civil Service law, an employee must make a good faith effort to provide the Superintendent, or where the allegations involve the Superintendent, the Board of Education, with the information to be disclosed, unless there is imminent and serious danger to public health and safety. This “Whistleblower Protection” shall extend to retaliation consisting of dismissal, other disciplinary action or other adverse personnel action affecting an employee’s compensation, appointment, promotion, transfer, assignment, reassignment or evaluation of performance. Further protection of a school employee who reports information regarding illegal or inappropriate financial practices shall be accorded the employee pursuant to Section 3028-d of the New York Sate Education Law. Any employee of the school district, having reasonable cause to suspect that the fiscal practices or actions of an employee or officer of the school district violate any local, state or federal law or rule and regulation, relating to the financial practices of the district and who in good faith reports such information to an official of the school district or the Office of the State Comptroller, the Commissioner of Education or to law enforcement authorities, shall have immunity from any civil liability that may arise from the making of such report. Neither the school district nor its employees or officers shall take request or cause a retaliatory action against any such employee who makes such a report. Any employee or officer who is concerned that retaliation for providing information regarding wrongful conduct has occurred or is occurring should report this to the Superintendent or the Board. Dissemination and Review This policy shall be published in employee handbooks, posted in employee lounges and given to all employees with fiscal accounting and/or money handling responsibilities on an annual basis. The Superintendent of Schools, the Auditor, the School Attorney and others involved in implementing this policy shall meet with the Board once a year to evaluate the effectiveness of this policy and to make appropriate adjustments, if any, to the policy. Ref:

Civil Service Law §75-b Education Law §3028-d Labor Law §740 Garrity v. University at Albany, 301 A.D. 2d 1015 (3rd Dept. 2003) Matter of Brey v. Bd. of Educ., 245 A.D. 2d (3rd Dept. 1997)

Adoption date: December 9, 2009

ESMCSD Policy Book

9700 STAFF DEVELOPMENT The Board of Education believes that staff training and development help ensure the success of educational programs and improve the efficiency of the district. Therefore, the district will provide development opportunities to staff to increase their effectiveness and job performance. The Superintendent of Schools shall be responsible for implementing and administering staff development programs for the district’s employees. Administrators All administrators in the school district will receive appropriate training and professional development in accordance with law, regulation or any applicable collective bargaining agreement. Teachers All teachers will be provided with professional development opportunities directly related to student learning in accordance with any applicable collective bargaining agreement and the district’s Professional Development Plan. The plan shall include: 

A needs analysis, goals, objectives, strategies, activities and evaluation standards for professional development in the district and a description of how the district will provide all teachers substantial professional development activities directly related to student learning needs identified in school report cards and other sources.



A description of how the professional development provided will align with New York standards and assessments, teacher capacities and student needs, including linguistic, cultural diversity and special needs. Activities must be articulated across grade levels and subject areas and show how they will be provided and measured in a continuous manner.



A description of how it will provide teachers holding a professional certificate with opportunities to maintain their certificate in good standing by successfully completing 175 hours of professional development every five years.



A mentoring program to provide support for new teachers in order to ease the transition from teacher preparation to practice, thereby increasing retention of teachers in the public schools, and to increase the skills of new teachers in order to improve student achievement.

The Superintendent or his/her designee shall establish a Professional Development Team to review and revise the district’s Professional Development Plan annually. The Board shall appoint members to the team at the first regular Board meeting in September.

ESMCSD Policy Book

9700 The Professional Development Team shall meet on or before October 1. The Superintendent or his/her designee will serve as the chair of the team and will be responsible for ensuring the timely review and revision of the district’s Professional Development Plan. The Professional Development Team will submit any recommended revisions to the Professional Development Plan to the Board by April 1. The Board will consider the recommendations at its first regular meeting thereafter. The Board may accept or reject the recommendations of the team in whole or in part. The Board may also request any additional information or data needed to evaluate the success of the program in achieving its objectives. Any further changes in the plan must be submitted to the Board by June 1. The Board will consider and act on the revised plan by June 30th. The Board reserves the right to make changes to the revised plan. Other Professional Staff and Support Staff The district will provide staff development activities for other professional staff and support staff within the financial constraints of the district budget and in accordance with applicable collective bargaining agreements. Other Staff Development Opportunities The Board recognizes that many staff development opportunities are provided through nonschool district sources. Within budgetary restraints, district employees may attend conferences, workshops, study councils, in-service courses, summer study grants, school visitations, and other relevant staff development opportunities. Released time and reimbursement for such activities will be available upon approval of the Superintendent and in accordance with applicable collective bargaining agreements. The Superintendent may establish regulations pursuant to this policy to establish the circumstances under which such released time and reimbursement may be available. Staff members who attend such activities will be required to prepare a report or summary of the activity attended. Cross-ref: Ref:

9420, Staff Evaluation

Education Law § 3604(8) (Superintendent conference days) 8 NYCRR §100.2(dd) (Professional Development Plans) 8 NYCRR §100.2(o)(iii)(b)(5) (required training on conducting staff evaluations)

Adoption date: December 9, 2009

ESMCSD Policy Book

INDEX Academic Intervention Services ....................................................................

4325

Accountability ................................................................................................

0300

Admission of Foreign Students .....................................................................

5152.1

Admission of Foreign Students Regulation ..................................................

5152.1R

Admission of Non-Resident Students ............................................................

5152

Advertising in the Schools .............................................................................

1511

Agenda Preparation and Dissemination .........................................................

2342

AIDS Instruction ............................................................................................

4315.1

Alcohol and Drug Testing of Drivers ............................................................

8414.5

Alcohol and Drug Testing of Drivers Regulation ..........................................

8414.5-R

Alcohol and Drug Testing Program Acknowledgement Form ......................

8414.5-E

Alcohol Consumption by Students and Breathalyzer Regulation..................

5440.1

Allocation of Space for Special Education Programs and Services ..............

4321.1

Animal Dissection..........................................................................................

4850

Annual District Election and Budget Vote ....................................................

1050

Anti-Harassment ............................................................................................

0112

Appointed Board Officials .............................................................................

2230

Audit Committee ............................................................................................

6690

Audit Committee Charter Template...............................................................

6690-E

Authorized Signature .....................................................................................

6410

Authorized Use of School-Owned Materials and Equipment........................

8330

Availability of Alternative Format Instructional Materials for Students With Disabilities ………………………………………………………..

4321.6

Attendance Policy ..........................................................................................

5100

ESMCSD Policy Book

Board Meeting Procedures .............................................................................

2350

Board Member Qualifications........................................................................

2121

Board Member Training ................................................................................

2520

Board Officers................................................................................................

2220

Board Operational Goals................................................................................

2000

Board Reorganizational Meeting ...................................................................

2210

Board Self-Evaluation ....................................................................................

0310

Broadcasting and Taping of Board Meetings ................................................

2382

Budget Planning .............................................................................................

6110

Budget Planning Regulation ..........................................................................

6110-R

Budget Transfers ............................................................................................

6150

Buildings and Grounds Maintenance and Inspection ....................................

8220

Bullying, Cyberbullying, Intimidation and Harassment……………………

5020.5

Child Abuse in an Educational Setting ..........................................................

9620

Child Abuse in an Educational Setting Exhibit – Confidential Report of Allegation ..................................................................................................

9620- E.1

Child Abuse in an Educational Setting Exhibit – Notice/Reporting Requirements .................................................................................................

9620-E.2

Child Abuse, Maltreatment, or Neglect in the Domestic Setting ..................

5460

Child Abuse, Maltreatment, or Neglect in the Domestic Setting Regulation

5460-R

Citizens Advisory Committees ......................................................................

2260

Citizens Long Term Fiscal Advisory Committee .........................................

2260.1

Claims Auditor ...............................................................................................

6650

Claims Auditor Exhibit ..................................................................................

6650-E

ESMCSD Policy Book

Closing of Facilities .......................................................................................

7810

Code of Conduct ............................................................................................

5300

Alternative Instruction. .............................................................................

5300.45

Corporal Punishment ...............................................................................

5300.60

Definitions.................................................................................................

5300.05

Dignity for All Students Act ....................................................................

5300.85

Disciplinary Penalties, Procedures and Referrals ....................................

5300.35

Discipline of Students with Disabilities ...................................................

5300.50

Dissemination and Review .......................................................................

5300.80

Dress Code ...............................................................................................

5300.20

Essential Partners ......................................................................................

5300.15

Prohibited Student Conduct ......................................................................

5300.25

Public Conduct on School Property ..........................................................

5300.75

Reporting Violations ................................................................................

5300.30

Student Rights and Responsibilities..........................................................

5300.10

Student Searches and Interrogations .........................................................

5300.65

Visitors to the School ...............................................................................

5300.70

Community Relations Goals ..........................................................................

1000

Community Use of School Facilities .............................................................

1500

Compensation and Benefits ...........................................................................

9500

Complaints about Curricula or Instructional Materials .................................

1420

Complaints about Curricula or Instructional Materials Regulation ...............

1420-R

Computer Resources and Data Management .................................................

8630

Computer Resources and Data Management Regulation ..............................

8630-R

ESMCSD Policy Book

Concussion Management Policy ....................................................................

5280

Conditional Appointment – Student Safety ...................................................

9260

Confidentiality of Computerized Information ...............................................

1120.1

Conflict of Interest .........................................................................................

9120.1

Construction Safety ........................................................................................

7365

Construction Safety Exhibit ..........................................................................

7365-E

Curriculum Management ...............................................................................

4200

Declassification of Students with Disabilities ...............................................

4321.9

Disclosure of Wrongful Conduct ...................................................................

9645

Display of the Flag .........................................................................................

4311.1

Display of the Flag Regulation ......................................................................

4311.1-R

Disposal of District Property ........................................................................

6900

Dissemination of Materials Through the Schools .........................................

1510

Drug Free Workplace .....................................................................................

9320

Drug Free Workplace Regulation ..................................................................

9320-R

Duties of Superintendent................................................................................

3120

Emergency Closings ......................................................................................

8134

Entrance Age ..................................................................................................

5150.1

Equal Opportunity and Nondiscrimination ....................................................

0100

Equal Opportunity and Nondiscrimination Regulation .................................

0100-R

Equivalence in Instructional Staff and Materials……… ...............................

4010

Evaluation of Personnel .................................................................................

0330

Evaluation of Superintendent .........................................................................

0320

ESMCSD Policy Book

Executive Sessions .........................................................................................

2330

Expense Reimbursement ................................................................................

6830

Expense Reimbursement Regulation .............................................................

6830-R

External Audit Guidance for School District Officials ..................................

6660-E

Extra classroom Activities Fund ....................................................................

6250

Extracurricular Activities and Eligibility .......................................................

5205

Facilities Development Goals ........................................................................

7000

Facilities Planning ..........................................................................................

7100

Failure to Meet Annual Measurable Objectives Relating To English Proficiency (sample letter parent notification) .......................................................

4326-E.2

Family and Medical Leave ............................................................................

9520.2

Family and Medical Leave Regulation .........................................................

9520.2R

Field Trip and Excursions ..............................................................................

4531

Field Trip and Excursions Regulation ...........................................................

4531-R

Fiscal Accounting and Reporting...................................................................

6600

Fiscal Management Goals ..............................................................................

6000

Fixed Assets Accounting ...............................................................................

6645

Fund Balance Policy ......................................................................................

6245

Gifts and Grants .............................................................................................

6255

Gifts from the Public ......................................................................................

1800

Goals and Objectives for Administration ......................................................

3000

Graduation Requirements ..............................................................................

4770

Harassment and/or Bullying Complaint Form ...............................................

0115-E

Health and Safety Committee ........................................................................

8112

ESMCSD Policy Book

HIV/AIDS ......................................................................................................

0150

Home Instruction ...........................................................................................

1741

Homeless Children .........................................................................................

5151

Homeless Children Regulation ......................................................................

5151-R

Homework......................................................................................................

4730

Impartial Hearing Officer Appointment and Compensation .........................

4321.4

Independent Educational Evaluations ............................................................

4321.3

Independent/External Audits .........................................................................

6660

Individualized Education Program Distribution ............................................

4321.5

Information Security Breach and Notification ...............................................

8635

Information Security Breach and Notification Regulation ............................

8635-R

Internal Audit Function ..................................................................................

6680

Internet Safety Acceptable Use Policy…………………………………… ..

4526.1

Internet Safety Acceptable Use Policy Regulation ........................................

4526.1-R

Interpreters for Hearing-Impaired Parents .....................................................

1925

Investments ....................................................................................................

6240

Leaves of Absence .........................................................................................

9520

Limited English Proficiency Instruction ........................................................

4326

Local Wellness Policy....................................................................................

5405

Management Team.........................................................................................

3210

Meal Charge Policy........................................................................................

8505

Meals and Refreshments ................................................................................

9170

Minutes ..........................................................................................................

2360

ESMCSD Policy Book

Mission Statement and Vision .......................................................................

0000

Naming Facilities ...........................................................................................

7500

New Board Member Orientation .................................................................

2510

New Entrant Screening Policy ......................................................................

5150.2

News Media Relations ...................................................................................

1130

Notification of Sex Offenders ........................................................................

5450.1

Notification of Sex Offenders Regulation .....................................................

5450.1-R

Notification of Sex Offenders Exhibit ...........................................................

5450.1-E

Opioid Overdose Prevention ..........................................................................

8121.1

Opioid Overdose Prevention Regulation ......................................................

8121.1-R

Organizational Chart ......................................................................................

3230

Overtime and Compensatory Time ................................................................

9500.1

Parental Involvement .....................................................................................

1900

Participation of Senior Citizens .....................................................................

1225

Payroll Procedures .........................................................................................

6800

Personnel Goals .............................................................................................

9000

Pesticides and Pest Management ...................................................................

8115

Petty Cash/Petty Cash Accounts ....................................................................

6670

Petty Cash Accounts Regulation....................................................................

6670-R

Pilot Projects ..................................................................................................

4220

Placement in a Language Instruction Education Program (sample letter) ........

4326-E.1

Policy Development, Adoption, Implementation and Review ......................

2410

Preschool Special Education ..........................................................................

4321.2

ESMCSD Policy Book

Programs for Students with Disabilities Under IDEA and Article 89 ...........

4321

Programs for the Gifted and Talented ............................................................

4322

Promotion and Retention of Students ............................................................

4750

Provision or Special Education Services in the Least Restrictive Environment ..............................................................................................

4320.1

Public Complaints ..........................................................................................

1400

Public Participation at Regular Board Meetings ............................................

1230

Public Report on Revisions to District Policies, Practices and Procedures Upon a Finding of Significant Disproportionality …………………….. .

4321.11

Purchasing ......................................................................................................

6700

Purchasing Regulation ...................................................................................

6700-R

Purchasing Exhibit .........................................................................................

6700 E.1

Purchasing Authority .....................................................................................

6710

Purchasing Procedures ...................................................................................

6740

Purchasing Procedures Regulation ................................................................

6740-R

Questions and Answers about Your Child’s English Instruction Educational Program .........................................................................

4326-E.1

Quorum ..........................................................................................................

2351

Recruiting and Hiring ....................................................................................

9240

Recycling Program.........................................................................................

8910

Regular Meetings ...........................................................................................

2310

Relations with Community and Business Organizations ...............................

1220

Relationship with Non-Public Schools ..........................................................

1740

Reporting of Hazards ....................................................................................

8111

Reporting of Hazards Regulation...................................................................

8111-R

ESMCSD Policy Book

Resignation of Board Members and Declaration of Vacancy .......................

2145

Rules of Order ................................................................................................

2352

Schedule of Eligible Securities ......................................................................

6240-E

School Admissions .......................................................................................

5150

School Attorney ............................................................................................. School Board Conferences, Conventions and Workshops ............................

2270 2521

School Board Elections ..................................................................................

2120

School Board Legal Status .............................................................................

2100

School Board Member Code of Conduct .......................................................

2165

School Building Safety ..................................................................................

8110

School Bus Scheduling and Routing..............................................................

8411

School Bus Scheduling and Routing Regulation ...........................................

8411-R

School District Goals and Objectives ............................................................

0200

School District Officer and Employee Code of Ethics ..................................

2160

School District Records .................................................................................

1120

School District Records Regulations .............................................................

1120-R

School Safety Plans and Teams .....................................................................

8130

School Sponsored Student Publications ........................................................

5220

School Volunteers ..........................................................................................

4532

School-Wide Pre-Referral Approaches and Interventions .............................

4320.2

Senior Citizen Tax Exemption .......................................................................

6215

Sexual Harassment .........................................................................................

0110

Sexual Harassment Regulation ......................................................................

0110-R

Smoking and Other Tobacco Use on School Premises ..................................

1530

Special Meetings ............................................................................................

2320

ESMCSD Policy Book

Staff Complaints and Grievances...................................................................

9140.1

Staff Complaints and Grievances Regulation ................................................

9140.1-R

Staff Development .........................................................................................

9700

Staff Evaluation .............................................................................................

9420

Staff-Student Relations (Fraternization) ........................................................

5180

Student Bullying and Harassment Formal Complaint Form..........................

5020.5.E.1

Student Bullying and Harassment Complaint Form Appeal..........................

5020.5.E.2

Student Complaints and Grievances ..............................................................

5030

Student Complaints and Grievances Regulation............................................

5030-R

Student Dismissal Precautions .......................................................................

5162

Student Dismissal Precautions Regulation ....................................................

5162-R

Student Friendly Version of Student Harassment and Bullying Prevention and Intervention ………………………………………………. ...................

0115.1

Student Harassment and Bullying Prevention and Intervention ....................

0115

Student Harassment and Bullying Prevention and Intervention Regulation .

0115-R

Student Harassment and/or Bullying Complaint Form …………………… .

0115-E

Student Health Services .................................................................................

5420

Student Health Services Regulation...............................................................

5420-R

Student Learning Objectives and District Instructional Goals ......................

4000

Student Organizations ....................................................................................

5210

Student Policies Goals ...................................................................................

5000

Student Privacy ..............................................................................................

5550

Student Records .............................................................................................

5500

Student Records Regulation ...........................................................................

5500-R

Student Transportation ...................................................................................

8400

ESMCSD Policy Book

Students with Disabilities Pursuant to Section 504 .......................................

5020.3

Superintendent of Schools .............................................................................

3100

Support Services Goals ..................................................................................

8000

Teaching about Controversial Issues .............................................................

4810

Temporary Personnel .....................................................................................

9271

Transgender and Gender Nonconforming Students .......................................

0105

Transportation for Non-Public School Students ............................................

8413

Unsafe School Transfer Choice .....................................................................

8140

Use of District Owned Cell Phones ...............................................................

8332

Use of District Owned Credit Cards ..............................................................

8334

Violent or Disruptive Incident Reporting ......................................................

5710

Voting Procedures ..........................................................................................

2120.2

ESMCSD Policy Book