7000 - STUDENTS

7108 USE OF EMAIL IN THE SCHOOL DISTRICT

Electronic mail or email is a valuable communication tool and students shall use this tool in a responsible, effective and lawful manner. All email accounts on the District’s system are the property of the District. There can be no expectation of privacy in email use. Every student user has a responsibility to be knowledgeable about the inherent risks associated with email usage and to avoid placing him or herself at risk. 

Student Acknowledgement

All authorized users shall acknowledge annually and follow the District's policies and regulations on acceptable use of computerized information resources, including email usage.

Email System Use

Students may use the District's email system for educational or personal purposes.

Use of the District’s email system is a privilege, not a right. Students’ use of the email system will conform to the BCSD Code of Conduct and the school code of conduct as well as all District policies and regulations governing student conduct. 

Students will report to their Principal/designee any unusual activities such as obscene email and/or inappropriate conduct by others.

Students will be removed from the District email system upon graduation, leaving the school district or for losing the privilege due to misuse.

Usage Guidelines

Students will not:

a)      Provide information about other students to any third party without prior approval.  
         Questions regardingrequests for such informationshould be directed to a  
         Principal/designee;

b)     Use email to transmit his/her personal, private and sensitive information (PPSI).  
        PPSI includes social security number, driver's license number or non-driver ID number,    
        account number, credit/debit card number and security code, or any access    
        Code/password that permits access to financial accounts or protected student records); 

c)     Send or forward email with comments or statements about the District that may 
        negatively impact it;

d)     Share email passwords;

e)     Use the District's email system to post personal information to bulletin boards, blogs,
        chat groups and list services;

f)     Use the District's email system for personal gain, profit or for political purposes; 

g)     Use the District’s email system for illegal or other improper uses, including, but not limited
        to pornography, obscenity, harassment, bullying, solicitation, gambling, and violating  
        copyright or intellectual property right laws;

h)     Use the District’s email system for illegal, inappropriate and/or indecent purposes
        (including accessing, storing or viewing pornographic, indecent or otherwise inappropriate
        content).

Receiving Unacceptable Mail

Students who receive offensive, unpleasant, harassing or intimidating messages via email shall inform their Principal/designee immediately.

Limited Expectation of Privacy

Students and employees should have no expectation of privacy when using the email system. The District retains control, custody, and supervision of all e-mails. The District reserves the right to monitor all e-mails, Internet activity, and stored records by students. Parents have the right to investigate or review the contents of their child’s files and to request the termination of their child’s access to the system at any time. All parents of minor students will be provided with their child’s email access credentials through the parent portal.

Records Management and Retention

Email is never truly deleted, as the data can reside in many different places and in many different forms.

Retention of email messages are covered by the same retention schedules as records in other formats, but are of a similar program function or activity. Email shall be maintained in accordance with the NYS Records Retention and Disposition Schedule ED-1 and as outlined in the Records Management Policy. It is possible that emails are the official copy of a record according to schedule ED-1.  Email records may consequently be deleted, purged or destroyed after they have been retained for the requisite time period established in the ED-1 schedule.

Archival of Email

All email sent and received to a student’s email account is archived by the District for one (1) year.

Sanctions

Any student may report inappropriate use of email by another authorized user to the Principal/designee who will take appropriate disciplinary action. Violations may result in a loss of email use, access to the technology network, and/or other disciplinary action in accordance with the District and building Codes of Conduct. When applicable, law enforcement agencies may be involved.

Notification

All authorized users will be required to review a copy of the District's policy on student use of computerized information resources and any regulations established in connection with the policy on an annual basis. Each user will acknowledge a designated user agreement before establishing an account or continuing in his/her use of email.

Confidentiality Notice

A standard Confidentiality Notice will automatically be added to each email as determined by the District.

Policy Reference

7000 - STUDENTS

7110 COMPREHENSIVE STUDENT ATTENDANCE POLICY

Last Updated Date: 09/17/2019

Adoption Date: 6/12/2007

Revisions History: 9/10/2013; 9/11/2013

Philosophy

The Education Law requires that the students enrolled in the schools of the Brighton Central School District attend school on every school day unless it is an "excused " absence in accordance with law and/or this policy. The educational program offered by the School District is predicated upon the presence of the student and requires continuity of instruction and classroom participation. The regular contact of students with one another in the classroom and their participation in a well-planned instructional activity under the tutelage of a competent teacher are vital to this purpose. Unwarranted absences (those which are not congruent with state regulations for acceptable absences) which especially occur at or near vacation periods have a highly adverse effect on the student as well as the entire educational program. Therefore, the Board of Education urges all parents to make every effort for their children to be in attendance.

 

Statement of Overall Objectives

School attendance is both a right and a responsibility. The School District is an active partner with students and parents in the task of ensuring that all students meet or exceed the New York State Learning Standards. Because the School District recognizes that consistent school attendance, academic success and school completion have a positive correlation, the School District will develop, review and, if necessary, revise a Comprehensive Student Attendance Policy to meet the following objectives:

a) To increase school completion for all students;

b) To raise student achievement and close gaps in student performance;

c) To identify attendance patterns in order to design attendance improvement efforts;

d) To know the whereabouts of every student during instructional times for safety and other reasons;

e) To verify that individual students are complying with education laws relating to compulsory attendance;

f) To determine the District's average daily attendance for state aid purposes.

Description of Strategies to Meet Objectives

The Brighton Central School District will:

a) Create and maintain a positive school building culture by fostering a positive physical and psychological environment where the presence of strong adult role models encourages
respectful and nurturing interactions between adults and students. This positive school culture is aimed at encouraging a high level of student bonding to the school, which in turn
should lead to increased attendance.

b) Develop a Comprehensive Student Attendance Policy based upon the recommendations of a multifaceted District Policy Development Team that may include representation from the
Board of Education, administrators, teachers, students, parents and the community. The Brighton Central School District will hold at least one public hearing prior to the adoption
of this collaboratively developed Comprehensive Student Attendance Policy.

c) Maintain accurate recordkeeping via a Register of Attendance to record attendance, absence, tardiness or early departure of each student.

d) Utilize data analysis systems for tracking individual student attendance and individual and apparent group trends in student attendance problems.

e) Develop early intervention strategies to improve school attendance for all students.

Determination of Excused and Unexcused Absences, Tardiness and Early Departures

Based upon the Brighton Central School District's education and community needs, values and priorities, the School District has determined that absences, tardiness and early departures will be considered excused or unexcused according to the following standards:

a) Excused Absence: An excused absence is an absence, tardiness or early departure due to personal illness, illness or death in the family, religious observance, quarantine, required
court appearances, attendance at health clinics, approved college visits, approved cooperative work programs, road tests, military obligations or other such reasons as may be approved by the Board of Education.

b) Unexcused Absence: An unexcused absence is an absence, tardiness or early departure which does not fall into the above categories (e.g., family vacation, babysitting, haircut, obtaining learner's permit, road test, oversleeping) or any absence for which a reason is not provided.

A written excuse, signed by a parent or person in parental relation should be presented by the student when returning to school following each absence.

 

Student Attendance Recordkeeping/Data Collection

The record of each student's presence, absence, tardiness and early departure shall be kept in a register of attendance in a manner consistent with Commissioner's Regulations. An absence, tardiness or early departure will be entered as "excused" or "unexcused" along with the Brighton Central School District code for the reason.

Attendance shall be taken and recorded in accordance with the following:

a) For students in non-departmentalized kindergarten through grade five (i.e., self-contained classrooms and supervised group movement to other scheduled school activities such as
physical education in the gym, assembly, etc.), each student's presence or absence shall be recorded after the taking of attendance once per school day provided that students are not dismissed from school grounds during a lunch period. Where students are dismissed for lunch, their presence or absence shall also be recorded after the taking of attendance a second time upon the student's return from lunch. For purposes of APPR and Teacher-Student Data Linkages (TSDL), classroom attendance for all students in grades K through 12 must be recorded on a subject by subject basis for Teacher of Record Determinations.

b) For students in grades six through twelve, each student's presence or absence shall be recorded after the taking of attendance in each period of scheduled instruction except that
where students do not change classrooms for each period of scheduled instruction, attendance shall be taken in accordance with paragraph "a" above.

c) Any absence for a school day or portion thereof shall be recorded as excused or unexcused in accordance with the standards articulated in this policy.

d) In the event that a student at any instructional level from kindergarten through grade twelve arrives late for or departs early from scheduled instruction, such tardiness or early
departure shall be recorded as excused or unexcused in accordance with the standards articulated in this policy.

A record shall be kept of each scheduled day of instruction during which the school is closed for all or part of the day because of extraordinary circumstances, including adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, destruction of or damage to a school building, or such other cause as may be found satisfactory to the Commissioner of Education.

Attendance records shall also indicate the date when a student withdraws from enrollment or is dropped from enrollment in accordance with Education Law Section 3202(1-a).

At the conclusion of each class period or school day, all attendance information shall be compiled and provided to the designated school personnel who are responsible for attendance. The nature of the absence, tardiness or early departure shall be coded on a student's record in accordance with the established District/building procedures.

Student Attendance/Course Credit

The District believes that classroom participation may be related to and affect a student's performance and grasp of the subject matter and, as such, may be properly reflected in a student's final grade. For purposes of this policy, classroom participation means that a student is in class and prepared to work.

Students are expected to attend all scheduled classes. Consistent with the importance of classroom participation, unexcused student absences, tardiness, and early departures may affect a student's grade, including credit for classroom participation, for the marking period.

Students who are absent from class due to their participation in a school sponsored activity are to arrange with their teachers to make up any work missed in a timely manner as determined by the student's teacher. Attendance at school sponsored events where instruction is substantially equivalent to the instruction which was missed shall be counted as the equivalent of regular attendance in class.
 

At the middle school/senior high school level, any student with more than 36 absences in a course may not receive credit for the course. However, students with properly excused absences, tardiness, and early departures for which the student has performed any assigned make-up work, assignments, and/or tests will not be counted as an absence for the purpose of determining the student's eligibility for course credit. District procedures will specify how student tardiness and early departures will be calculated and factored into the District's minimum attendance standard.

 However, the District may not deny course credit to a student who has exceeded the allowable number of absences but taken all tests, completed missed class work, and secured a passing grade.

For summer school and courses meeting 1/2 year or 1/4 year, the same policy will apply and a calculation of the absences will be prorated accordingly.

 

Transfer students and students re-enrolling after having dropped out will be expected to attend a prorated minimum number of the scheduled class meetings during their time of enrollment.

 

Students will be considered in attendance if the student is:

 a) Physically present in the classroom or working under the direction of the classroom teacher during  the class scheduled meeting time; or

 b) Working under an approved independent study program; or

 c) Receiving approved alternative instruction.

 

Students who are absent from class due to their participation in a school-sponsored activity must arrange with their teachers to make up any work missed in a timely manner as determined by the student's teacher. Attendance at school-sponsored events where instruction is substantially equivalent to the instruction which was missed will be counted as the equivalent of regular attendance in class.

 

Upon returning to school following a properly excused absence, tardiness or early departure, it shall be the responsibility of the student to consult with his/her teacher(s) regarding arrangements to make up missed work, assignments and/or tests in accordance with the time schedule specified by the teacher.

Notice of Minimum Attendance Standard/Intervention Strategies Prior to the Denial of Course Credit

In order to ensure that parents/persons in parental relation and students are informed of the District's policy regarding minimum attendance and course credit, and the implementation of specific intervention strategies to be employed prior to the denial of course credit to the student for insufficient attendance, the following guidelines shall be followed:

a) Copies of the District's Comprehensive Student Attendance Policy will be mailed to parents/persons in parental relation and provided to students at the beginning of each school year or at the time of enrollment in the District.

b) School newsletters and publications will include periodic reminders of the components of the District's Comprehensive Student Attendance Policy. Copies of the Attendance Policy will also be included in parent/student handbooks. 

c) At periodic intervals, a designated staff member(s) will notify, by telephone, the parent/person in parental relation of the student's absence, tardiness, or early departure and explain the relationship of the student's attendance to his/her ability to receive course credit. If the parent/person in parental relation cannot be reached by telephone, a letter shall be sent detailing this information.

d) A designated staff member will review the District's Attendance Policy with students who have excessive and/or unexcused absences, tardiness or early departures. Further, appropriate student support services/personnel within the District, as well as the possible collaboration/referral to community support services and agencies, will be implemented prior to the denial of course credit for insufficient attendance by the student.

Attendance Incentives

In order to encourage student attendance, the District will develop and implement grade-appropriate/building-level strategies and programs.

Disciplinary Consequences

Unexcused absences, tardiness and early departures will result in disciplinary sanctions as described in the Brighton Central School District's Code of Conduct. Negative consequences will not be imposed, however, where the absence, tardiness, or early departure is related to homelessness. Consequences may include, but are not limited to, placement in an alternative educational setting, detention and denial of participation in interscholastic and extracurricular activities. Parents/persons in parental relation will be notified by designated District personnel at periodic intervals to discuss their child's absences, tardiness or early departures and the importance of class attendance and appropriate interventions. Individual buildings/grade levels will address procedures to implement the notification process to the parent/person in parental relation.

Notice of Students who are Absent, Tardy or Depart Early Without Proper Excuse

A designated staff member shall notify by telephone the parent/person in parental relation to a student who is absent, tardy or departs early without proper excuse. The staff member shall inquire as to the cause of the student's absence. The staff member will explain the District's Comprehensive Student Attendance Policy, the District's or building level intervention procedures, and, if appropriate, the relationship between student attendance and course credit. 

The staff member shall inquire as to the cause of the student's absence. If the parent/person in parental relation cannot be reached by telephone, the staff member will provide such notification
by mail to promote awareness and help ensure compliance with the policy.

If deemed necessary by appropriate school officials, or if requested by the parent/person in parental relation, a school conference shall be scheduled between the parent/person in parental relation and appropriate staff members in order to address the student's attendance. The student may also be requested to attend this conference in order to address appropriate intervention strategies that best meet the needs of the student.
 

Chronic Absenteeism

Chronic absenteeism is defined as missing at least 10% of enrolled school days in a year for any reason, excused or unexcused. Chronic absenteeism differs from truancy because it emphasizes missed instructional time rather than unexcused absences. Missed instructional time can increase a student's risk for disengagement, low achievement, and dropping out, among other things.

Students who miss at least 5% of enrolled school days in a year are at risk of becoming chronically absent. In light of this, the District will implement intervention strategies for students who miss 5% or more of the enrolled school days in a year.

Intervention Strategy Process

In order to effectively intervene when an identified pattern of excused absences, unexcused absences, tardiness or early departures occurs, designated District personnel will pursue the following:

a) Identify specific patterns (e.g., grade level, building, time frame, type of excused absences, unexcused absebces, tardiness or early departures);

b) Contact the School District staff most closely associated with the pattern. In specific cases where the pattern involves an individual student, the student and parent/person in parental relation will be contacted;

c) Discuss strategies to directly intervene with specific pattern;

d) Recommend intervention to Superintendent or his/her designee if it relates to change in District policy or procedure;

e) Implement changes as approved by appropriate administration;

f) Utilize appropriate District and/or community resources to address and help remediate student absences, tardiness or early departures;

g) Monitor and report short- and long-term effects of intervention.

Appeal Process

A parent/person in parental relation may request a building-level review of his/her child's attendance record.

Building Review of Attendance Records

The Building Principal will work in conjunction with the building attendance personnel and other designated staff in reviewing attendance records at the end of each term. This review is conducted to identify individual and group attendance patterns and to initiate appropriate action to address the problem of unexcused absences, tardiness and early departures.

Annual Review by the Board of Education

The Board of Education shall annually review the building-level student attendance records and if such records show a decline in student attendance, the Board shall make any revisions to the policy and plan deemed necessary to improve student attendance.

Community Awareness

The Board of Education shall promote necessary community awareness of the Brighton Central School District's Comprehensive Student Attendance Policy by:

a) Providing a plain language summary of the policy to parents/persons in parental relation to students at the beginning of each school year and promoting the understanding to such a policy to students and their parents/persons in parental relation;

b) Providing each teacher, at the beginning of the school year or upon employment, with a copy of the policy; and

c) Providing copies of the policy to any other member of the community upon request.

Policy References

Education Law Sections 3024, 3025, 3202, 3205, 3206,
3210, 3211 and 3213
8 New York Code of Rules and Regulations (NYCRR)
Sections 104.1, 109.2 and 175.6

7000 - STUDENTS

7111 RELEASED TIME OF STUDENTS

Written requests from the parent/guardian for the release of students generally will be honored.
The appropriate time and reason for absence shall be recorded on the attendance record, using the procedures mandated by the state.

The Building Principal shall assume this responsibility or shall designate an individual to review
and approve all requests.

Policy References

8 New York Code of Rules and Regulations (NYCRR)
Section 109.2

7000 - STUDENTS

7112 CHAPERONES

Last Updated Date: 11/6/2013

Adoption Date: 6/9/2009

Revisions History: 9/13/2011

BCSD Code of Conduct

NYS Public High Schools Athletic Association Code of Conduct

Policy 3410 – Code of Conduct on School Property

Policy 6110 –Code of Ethics for All District Employees

Policy 6150 – Alcohol, Drugs and Other Substances (School Personnel)

Policy 8460 – Field Trips

Brighton Central School District expects district employees to follow District policies and regulations, including the Code of Conduct, and abide by all NYS and federal laws. Designated chaperones, whether volunteers or paid employees, are representing the Brighton Central School District on all school sponsored events, field trips and activities, and are expected to abide by and enforce all school rules, regulations, and policies during the entire length of the event.   School sponsored events, field trips and activities include all District-approved student events, whether the activity or trip occurs on or off school campus, out of the State or country, and regardless of its duration.  

The role of the chaperone, whether paid or non-District employee, shall be to ensure a positive educational and social experience for students while maximizing their health and safety. At all times the health, safety and security of students is paramount. Any health and safety concerns should be immediately reported to the supervising chaperone. 

Chaperones, whether non-District employee or paid, must adhere to strict confidentiality principles regarding student participants. 

Chaperones will not possess, or use any tobacco, alcohol, or illegal substances at any time during the school event/field trip, including those times when the chaperone is out of the presence of the student.  For purposes of this policy, tobacco products is defined to include any lighted or unlighted cigarette, cigar, cigarillo, pipe, bidi, clove cigarette, spit/spitless tobacco and any other smoking or tobacco product, (smokeless, dip, chew, snus, and/or snuff) in any form. The use of e-cigarettes and any other products containing nicotine, except for current FDA-approved smoking cessation products, are also prohibited.

The entire time a chaperone, whether non-District employee or paid, is participating in a school event, whether on or off campus, in or out of the State or country, it is the expectation of the District that a chaperone is always acting in a supervisory capacity. 

Non-District employee chaperones are required to sign a chaperone agreement for all school sponsored trips.

This policy also applies to District employees and designated chaperones, whether non-District employee or paid, for athletic overnight events, which occur during the particular sport season, whether in or out of the State.

Policy Reference

7000 - STUDENTS

7120 AGE OF ENTRANCE

Refer also to Policy #7131 -- Education of Homeless Children and Youth

Kindergarten

Students who are legal residents of the School District and who reside with parents or guardians
within the School District at the time of the opening day of school must be five (5) years of age or more on December 1 in order to register for Kindergarten.

A child who transfers into the School District at any time during the school year may be
considered for admission to Kindergarten by the Superintendent provided:

a) The parents were not legal residents of the School District on the opening day of school,
and

b) The child has been registered and enrolled in kindergarten in the District in which his/her
parents were legal residents.

Other Grades

Admission of children to other grades shall involve a consideration of both chronological age
and the readiness of the children to do the work of those grades. The Building Principal shall
determine the appropriate placement for such students.

Proof of Age

A student's birth certificate or other satisfactory evidence of age shall be presented at the time of initial registration. The child shall be entered under his/her legal name. 

Policy References

Education Law Sections 1712, 3202 and 3212

7000 - STUDENTS

7121 DIAGNOSTIC SCREENING OF NEW STUDENTS AND STUDENTS WITH LOW TEST SCORES

Last Updated Date: 6/16/2009

Adoption Date: Revised

Revisions History: 5/13/2008

Refer also to Policies #7131 - Education of Homeless Children and Youth

#7512 - Student Physicals

#8240 - Instructional Program: Gifted and

Talented Education

#8241 – Instructional Program: Physical Education

#8290 - Response to Intervention Process

A new entrant means a student entering the New York State public school system, pre-kindergarten through grade 12, for the first time, or re-entering a New York State public school with no available record of a prior screening.

Students with low test scores are students who score below level two on either the third grade English language arts or mathematics assessment for New York State elementary schools.

Such diagnostic screening will be utilized to determine which students:

a) Have or are suspected of having a disability;

b) Are possibly gifted; or

c) Are possibly limited English proficient.

Such diagnostic screening shall be conducted:

a) By persons appropriately trained or qualified;

b) By persons appropriately trained or qualified in the student's native language if the language of the home is other than English;

c) In the case of new entrants, as early in the school year as possible, but no later than December 1 of the school year of entry or within fifteen (15) days of transfer of a student into a New York State public school should the entry take place after December 1 of the school year;

d) In the case of students with low test scores, within thirty (30) days of the availability of the test scores.

New Entrants

For new entrants, diagnostic screening shall include, but not be limited to the following:

a) A physical examination by a physician/physician's assistant or nurse practitioner or submission of a health certificate in accordance with Education Law Sections 901, 903, and 904, including proof of immunization as required by Section 2164 of the Public Health Law.

b) A determination that the student’s home language or native language is other than English based upon an informal interview in English and a home language

c) Vision, hearing and scoliosis screenings as required by Section 136.3 of Commissioner's Regulations;

d) A determination of development in oral expression, listening comprehension, written expression, basic reading skills and reading fluency and comprehension, mathematical skills, fine and gross motor development, and articulation skills using recognized and validated screening tools; and

Students with Low Test Scores

For students with low test scores, diagnostic screening shall include, but not be limited to:

a) Vision and hearing screenings to determine whether a vision or hearing impairment is impacting the student's ability to learn; and

b) A review of the instructional programs in reading and mathematics to ensure that explicit and research validated instruction is being provided in reading and No screening examination for vision, hearing or scoliosis condition is required where a student, parent, or person in parental relation objects on the grounds that such examination
conflicts with their genuine and sincere religious beliefs.

Results and Reports

The results of the diagnostic screening shall be reviewed and a written report of each student screened shall be prepared by appropriately qualified School District staff. The
report shall include a description of diagnostic screening devices used, the student's performance on those devices and, if required, the appropriate referral. 

If such screening indicates a possible disability, a referral, with a report of the screening, shall be made to the Committee on Special Education (CSE) or the Committee
on Preschool Special Education (CPSE) no later than fifteen (15) calendar days after completion of such diagnostic screening.

If such screening indicates a possibly gifted child, the name and finding shall be reported to the Superintendent of Schools and to the parents/legal guardians no later than fifteen (15) calendar days after completion of such screening. The term gifted child is defined as a child who shows 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. Such definition shall include those children who require educational programs or services beyond those normally provided by the regular school program in order to realize their full potential.

If such screening indicates a child identified as possibly being of limited English proficiency, such child shall be referred for further evaluation in accordance with Part 154 of
the Regulations of the Commissioner of Education to determine eligibility for appropriate English as a Second Language (ESL) programs.

Reporting to Parents

Parents/guardians of children to be screened shall receive information in advance regarding the purpose of screening, the areas to be screened and the referral process. The
information shall be communicated either orally or in writing in the parents' primary language(s). This information will be provided during the registration interview.

Parents/guardians have the right to request information regarding their child's performance on screenings. They shall have access to the screening results and obtain copies upon request. The results of all mandated screening examinations shall be in writing and shall be provided to the child's parent/guardian and to any teacher of the child within the school while the child is enrolled in the school.  The school psychologist will communicate with the parent/guardian of any child failing a screening. 

Confidentiality of Information

The Board of Education's policy and administrative regulations in accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA) shall apply to all information collected about a child through the screening program. In accordance with the policy and regulations, parents shall be informed of their right to privacy, their right to access to the records and their right to challenge those records should they be inaccurate, misleading or otherwise inappropriate.

Policy References

Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232(g)
Education Law Sections 901, 903, 904, 905, 914 and 3208(5)
Public Health Law Section 2164
8 New York Code of Rules and Regulations
(NYCRR) Parts 117, 136, 142.2 and 154

7000 - STUDENTS

7130 ENTITLEMENT TO ATTEND -- AGE AND RESIDENCY

Last Updated Date: 02/24/2015

Adoption Date: 06/12/2007

Revisions History: 5/26/2009; 01/11/2011, 04/12/2011, 02/24/2015

Refer also to Policy #7131 -- Education of Homeless Children and Youth

Entitlement to Attend

According to Education Law, a student who becomes six (6) years of age on or before the first of
December in any school year shall be required to attend full-time instruction from the first day that the District schools are in session in September of such school year, and a student who becomes six (6) years of age after the first of December in any school year shall be required to attend full-time instruction from the first day of session in the following September. Except as otherwise provided in Education Law Section 3205(3), a student shall be required to remain in attendance until the last day of session in the school year in which the student becomes sixteen (16) years of age.

However, in accordance with Education Law Section 3205(3), the Board of Education in any school district shall have the power to require minors from sixteen (16) to seventeen (17) years of age who are not employed to attend full-time instruction until the end of the school year in which the student turns seventeen (17) years of age.  The Board of Education of the Brighton Central School District (District) recognizes this legal authority but has not modified District policy to increase the mandatory attendance age per Education Law Section 3205 (3).

All persons dwelling within the District who are between the ages of five (5) years and twenty-one (21) years and who have not received a high school diploma shall be entitled to enroll in the District.

Evidence of a prospective student's age and residency must be presented in such form as is permitted by state and federal law and regulation.

Proof of Age

The State Education Department prohibits districts from collecting students' social security numbers for purposes of determining residency.

In accordance with Education Law, where a certified transcript of a birth certificate or record of baptism (including a certified transcript of a foreign birth certificate or record of baptism) giving the date of birth is available, no other form of evidence will be used to determine a child's age.  Where a birth certificate or record of baptism is not available, a passport (including foreign passport) may be used to determine a child's age for purposes of enrollment/registration in school.  Should none of these be available, the District may consider certain other documentary or recorded evidence in existence two (2) years or more to determine a child's age.

Such other evidence includes but is not limited to the following:

a)      School photo ID with date of birth;

b)      Hospital or health records;

c)      State or other government-issued ID;

d)      Military dependent ID card;

e)      Native American Tribal document;

f)      Record(s) from non-profit international aid agencies and voluntary agencies (VOLAGs);

g)      Consulate identification card;

h)      Official driver's license;

i)       Documents issued by federal, state or local agencies (e.g., local social service agency,  
         federal Office of Refugee Resettlement); and

j)       Court orders or other court-issued documents.

Determination of Student Residency

The residence of children dwelling within the District boundaries shall be established in a manner consistent with State Law and the Regulations of the Commissioner.

"Residence," for purposes of this policy, is established by a child's physical presence as an inhabitant within the District and his/her intent to reside in the District.

A child's residence is presumed to be that of his/her parents or legal guardians. Where a child's parents live apart, the child can have only one legal residence. In cases where parents have joint custody, the child's time is essentially divided between two (2) households, and both parents assume responsibility for the child, the decision regarding the child's residency lies ultimately with the family. Where parents claim joint custody but do not produce proof of the child's time being divided between both households, residency will be determined on the basis of the child's physical presence and intent to remain within the District.

The presumption that a child resides with his/her parents or legal guardians may be rebutted upon demonstration that custody of such child has been totally and permanently transferred to another individual. The District will not acknowledge living arrangements with persons other than a child's parents or legal guardians which are made for the sole purpose of taking advantage of the District's schools.

The presumption that a child resides with his/her parents or legal guardians may also be rebutted upon demonstration that such child is an emancipated minor. To establish emancipation, a minor may submit documentation of his/her means of support, proof of residency, and an explanation of the circumstances surrounding the student's emancipation, including a description of the student's relationship with his/her parents or persons in parental relation

Because the determination of residency is a question of fact, parent(s), guardian(s) or person(s) claiming parental custody and control of a child may be required to complete, execute and submit an affidavit and questionnaire.

The Board of Education or its designee shall determine whether a child is entitled to attend a District school. Such initial/preliminary determination shall be made by the District within one business day of the request to attend the District's schools. Any adverse residency decision by a school official, other than the Board or its designee, shall include written notice to the parent/person in parental relation of the procedures for obtaining review of the decision within the District.  Such notice shall be provided in accordance with Commissioner's Regulations, to the parent within three business days of the child's initial enrollment and shall be based upon documentation provided by those seeking to enroll the child.  The Superintendent or his/her designee shall establish procedures through which a person may challenge the determination regarding residency.  Such procedures shall be consistent with law and the regulations of the Commissioner.

Notwithstanding the foregoing, all determinations of student residency will be made consistent with applicable state and federal laws and regulations.

Undocumented Children

The District is mindful that undocumented children are entitled to attend the District's schools, provided they meet the age and residency requirements established by state law. Consequently, the District will not request or require on any enrollment or registration form, in any meeting, or in any other form of communication, any documentation and/or information regarding or tending to reveal the immigration status of a child, a child's parent(s) or the person(s) in parental relation. In the event the District is required to collect such information, the District will do so after the child has been enrolled. In no instance will such information be required as a condition of enrollment or continued attendance

Homeless Children

Determinations regarding whether a child is entitled to attend the District's schools as a homeless child or youth will be made in accordance with Section 100.2(x) of the Commissioner's Regulations, as well as applicable District policy and regulation.

Children of Activated Reserve Military Personnel

Students temporarily residing outside the boundaries of the District, due to relocation
necessitated by the call to active military duty of the student's parent or person in parental relation, will be allowed to attend the public school that they attended prior to the relocation.

However, the District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.

Children Living With Persons Not Their Parents - Guardianship or Custody

In accordance with the Family Court Act and Domestic Relations Law, a person possessing a lawful order of guardianship or custody of a minor child who is not the parent of such child may enroll the child in public school in the school district where he/she and the child reside.

Therefore, upon application for enrollment by the guardian or custodian, the District shall enroll such a child for such time as the child resides with the guardian or custodian in the District upon verification that the guardian or custodian possess a lawful order of guardianship or custody for the child and that the guardian or custodian and the child properly reside in the same household within the District.

 

Policy References

McKinney-Vento Homeless Education Assistance Act,
Section 722, as reauthorized by the No Child Left Behind
Act of 2001
Domestic Relations Law Section 74
Education Law Sections 3202, 3205
Family Court Act Section 657
8 New York Code of Rules and Regulations (NYCRR)
Sections 100.2(x) and (y)

7000 - STUDENTS

7131 EDUCATION OF STUDENTS IN TEMPORARY HOUSING

Last Updated Date: 04/12/2022

Revisions History: 9/29/2015, 11/13/2018

EDUCATION OF STUDENTS IN TEMPORARY HOUSING

The Board recognizes the unique challenges that face students in temporary housing (i.e., homeless children and youth) and will provide these students with access to the same free and appropriate public education, including public preschool education, as other students, as well as access to educational and other services necessary to be successful in school. The District will ensure that these students are not separated from the mainstream school environment. The Board is also committed to eliminating barriers to the identification, enrollment, attendance, and success of students in temporary housing.

 

Identification of Students in Temporary Housing

All districts are obligated to affirmatively identify all students in temporary housing. Therefore, the District will determine whether there are students in temporary housing within the District by using a housing questionnaire to determine the nighttime residence of all newly enrolled students and all students whose address changes during the school year. Not all students in temporary housing can be identified through social service agencies or shelters, as children may be sharing the housing of other persons, such as family or friends, due to loss of housing, economic hardship, or other similar reason. For this reason, the District uses a housing questionnaire that asks for a description of the current living arrangements of the child or youth to determine whether the child or youth meets the definition of a homeless child. 

In addition to using the housing questionnaire, the District will also contact the local department of social services (LDSS) (i.e., the social services district) to identify students in temporary housing, as well as the local runaway and homeless youth shelter, and any other shelters located within District boundaries to ensure all students in temporary housing are properly identified and served.

 

Definitions

 

a) Feeder school means:

1. A preschool whose students are entitled to attend a specified elementary school or group of elementary schools upon completion of that preschool;
2. A school whose students are entitled to attend a specified elementary, middle, intermediate, or high school or group of specified elementary, middle, intermediate, or high schools upon completion of the terminal grade of such school; or
3. A school that sends its students to a receiving school in a neighboring school district.

 

b) Homeless child means:

1. A child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child or youth who is:
   1. Sharing the housing of other persons due to a loss of housing, economic hardship, or a similar reason (sometimes referred to as "doubled-up");
   2. Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;
   3. Abandoned in hospitals;
   4. A migratory child who qualifies as homeless under (a), (b), or (c) of this subparagraph or item 2) below; or
   5. An unaccompanied youth; or

2. A child or youth who has a primary nighttime location that is:

1. 1. A supervised, publicly, or privately operated shelter designed to provide temporary living accommodations, including, but not limited to, shelters operated or approved by the state or LDSS, and residential programs for runaway and homeless youth established in accordance with applicable law; or
   2. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting.

 

c) Migratory child means a child or youth who made a qualifying move in the preceding 36 months: 

1. As a migratory agricultural worker or a migratory fisher; or 

2. With, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher

 

d) Preschool means a publicly funded prekindergarten program or a Head Start program administered by the District and/or services under the Individuals with Disabilities Act administered by the District.

 

e) Receiving school means:

1. A school that enrolls students from a specified or group of preschools, elementary schools, middle schools, intermediate schools, or high schools; or
2. A school that enrolls students from a feeder school in a neighboring local educational agency.

 

f) Regional placement plan means a comprehensive regional approach to the provision of educational placements for homeless children that has been approved by the Commissioner of Education.

g) School district of current location means the public school district within New York State in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential program for runaway and homeless youth, is located, which is different from the school district of origin.

h) School district of origin means the school district within New York State in which:

1. The homeless child was attending a public school or preschool on a tuition-free basis or was entitled to attend when circumstances arose that caused the child to become homeless, which is different from the school district of current location;
2. The child was residing when circumstances arose that caused the child to become homeless if the child was eligible to apply, register, or enroll in public preschool or kindergarten at the time the child became homeless; or
3. The homeless child has a sibling who attends a school in the school district in which the child was residing when circumstances arose that caused the child to become homeless.

 

i) School of origin means:

1. The public school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool or a charter school;
2. The designated receiving school at the next grade level for all feeder schools for a student in temporary housing who completes the final grade level served by the school of origin; and
3. The public school or preschool in which the child would have been entitled or eligible to attend based on the child's last residence before the circumstances arose which caused the child to become homeless if the child becomes homeless after the child is eligible to apply, register, or enroll in the public preschool or kindergarten or if the child is living with a school-age sibling who attends school in the school district of origin.

 

j) Unaccompanied youth means a homeless child or youth who is not in the physical custody of a parent or legal guardian.

 

The McKinney-Vento Liaison for Students in Temporary Housing

The District will designate an appropriate staff person, who may also be a coordinator for other federal programs, as the District liaison for students in temporary housing (otherwise referred to as the McKinney-Vento liaison). The District's McKinney-Vento liaison serves as one of the primary contacts between families experiencing homelessness and school staff, district personnel, shelter workers, and other service providers. The McKinney-Vento liaison coordinates services to ensure that homeless children and youth enroll in school and have the opportunity to succeed. 

 The District's McKinney-Vento liaison must ensure that: 

a) Students in temporary housing are identified by school personnel and through coordination activities with other entities and agencies; 

b) Students in temporary housing enroll in, and have full and equal opportunity to succeed in, the District's schools;

c) Students in temporary housing and their families receive educational services for which they are eligible, including Head Start programs administered by a local educational agency, Early Head Start, early intervention services under part C of the Individuals with Disabilities Education Act, and other preschool programs administered by the District.

d) Students and parents in temporary housing receive referrals to health care services, dental services, mental health and substance abuse services, housing services and other appropriate services;

e) Parents or guardians of students in temporary housing 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;

f) Parents and guardians of students in temporary housing, and unaccompanied youth, are fully informed of all transportation services, including transportation to and from the school district of origin and are assisted in accessing transportation services;

g) Disputes regarding eligibility, school selection, enrollment and/or transportation are mediated in accordance with applicable laws and regulations;

h) Assistance in commencing an appeal, in accordance with applicable law, of a final determination regarding eligibility, enrollment, school selection, and/or transportation is provided to the student in temporary housing's parent or guardian or the unaccompanied youth;

i) A record is maintained of all appeals of enrollment, school selection, and transportation;

j) Public notice of the educational rights of students in temporary housing is posted in locations where these students receive services, such as schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of students in temporary housing, and unaccompanied youth;

k) School personnel providing services to students in temporary housing receive professional development and other support;

l) Unaccompanied youths:

1. Are enrolled in school; 

2. Have opportunities to meet the same challenging State academic standards as the State establishes for other children and youth, including receiving credit for full or partial coursework earned in a prior school pursuant to Commissioner's regulations; and 

3. Are informed of their status as independent students under section 480 of the Higher Education Act of 1965 and that the youths may obtain assistance from the McKinney-Vento liaison to receive verification of this status for purposes of the Free Application for Federal Student Aid (FAFSA);

 

m) School personnel, service providers, advocates working with students in temporary housing, parents and guardians of students in temporary housing, and students in temporary housing are informed of the duties of the McKinney-Vento liaison; and

n) Assistance with obtaining any necessary immunizations or screenings, or immunization or other required health records is provided to the parents or guardians of the students in temporary housing.

 

School District and School Designations 

A designator will make the initial decision about which school district and school a student in temporary housing will attend. A designator is:

 a) The parent or person in parental relation (guardian) to a student in temporary housing;

 b) The student in temporary housing, together with the McKinney-Vento liaison, in the case of an unaccompanied youth; or

c) The director of a residential program for runaway and homeless youth, in consultation with the student in temporary housing, where the student is living in that program.

The District will ask the designator to designate one of the following as the school district of attendance for the student in temporary housing:

a) The school district of current location;

b) The school district of origin; or

c) A school district participating in a regional placement plan.

The District will also ask the designator to designate one of the following as the school where a student in temporary housing seeks to attend:

a) The school of origin; or

b) Any school that permanent housed children and youth who live in the attendance area in which the child or youth is actually living are eligible to attend, including a preschool.

A student in temporary housing is entitled to attend the schools of the school district of origin without the payment of tuition for the duration of his or her homelessness and through the remainder of the school year in which the student becomes permanently housed and for one additional year if that year constitutes the student's terminal year in that school building, subject to a best interest determination.

 

Designation/STAC 202 Form

The District will identify all students in temporary housing, and a designation form will be completed by the designator for all these students and any other student who claims homelessness. Designations must be made on the STAC 202 form provided by the Commissioner.

The appropriate designator must complete the designation form. The District makes designation forms available to a student in temporary housing who seeks admission to school or to the parent or person in parental relation who seeks to enroll the child in school.

The District will provide completed designation forms to the McKinney-Vento liaison immediately, but no later than two business days from the earlier date on which the child or youth either:

a) Sought enrollment in school; or

b) Was placed in a temporary housing facility or residential facility for runaway and homeless youth.

Where a parent or person in parental relation or a child who is neither placed in a temporary housing facility by the LDSS nor housed in a residential program for runaway homeless youth, designates the District as the school district of current location, the District will forward to the State Education Department a completed designation form and a statement of the basis for its determination that the child is a homeless child entitled to attend the District's schools.

 

Immediate Enrollment and Best Interest Determinations

Upon identification of a child who is in temporary housing and/or receipt of a completed designation/STAC 202 form, the District will:

a) Immediately review the designation form to ensure that it has been completed and admit the student in temporary housing even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, immunization records, proof of residency or other documentation and even if the child or youth has missed plication deadlines;

b) Determine whether the designation made by the designator is consistent with the best interests of the student in temporary housing. In making best interests decisions the District will:

1. Presume that keeping the child in the school of origin is in the child's best interest, except when doing so is contrary to the wishes of the parent or guardian (or youth in the case of an unaccompanied youth); and
2. Consider student-centered factors such as the effect of mobility on student achievement, education, health, and safety of the child, giving priority to the wishes of the child's parent or guardian (or the youth, if a homeless unaccompanied youth). If the District determines that it is in the best interest of the student in temporary housing to attend a school other than the school of origin or the designated school, the District will provide the parent or guardian (or youth, if an unaccompanied youth) with a written explanation of its determination, including information about the right to appeal.

c) Provide the child with access to all of the District's programs, activities and services to the same extent as they are provided to resident students;

d) Immediately contact the school district where the child's records are located in order to obtain a copy of these records and coordinate the transmittal of records for students with disabilities pursuant to applicable laws and regulations;

e) Immediately refer the parent or guardian of the student in temporary housing to the McKinney-Vento liaison who must assist in obtaining necessary immunizations or immunization or medical records if the child or youth needs to obtain immunizations or immunization or medical records;

f) Forward the STAC 202 form to the Commissioner and the school district of origin, where applicable. In all cases, the District will give a copy of the completed STAC 202 form to the designator and keep a copy of the STAC 202 form for the District's records;

g) Arrange for transportation in accordance with applicable laws and regulations; and

h) Arrange for the child to receive free school meals.

 

Request for Records 

Within five days of receipt of a request for school records from a new school, the District will forward, in a manner consistent with state and federal law, a complete copy of the student in temporary housing's records, including, but not limited to, proof of age, academic records, evaluations, immunization records, and guardianship papers, if applicable.

 

Tuition Reimbursement

The District is eligible to request reimbursement from the State Education Department for the direct costs of educational services to students in temporary housing that are not otherwise reimbursed under special federal programs, when:

a) The District is either the school district of current location or a school district participating in a regional placement plan;

b) The District is designated as the school district of attendance; and

c) The school district of origin for the student in temporary housing is within New York State. 

All claims for reimbursement will be made on the STAC 202 form prescribed by the Commissioner of the State Education Department.

In addition, the District is eligible for reimbursement for the direct costs of educational services, including transportation costs for students who continue enrollment in the District schools after finding permanent housing midyear in a different school district within New York State. In these cases, the District will directly bill the new district where the student permanently resides for all direct costs of educational services, including transportation, that are not otherwise reimbursed under special federal programs.

 

Transportation Responsibilities 

The LDSS is responsible for providing transportation to students in temporary housing, including preschool students and students with disabilities who are eligible for benefits under Social Services Law §350-j and placed in temporary housing arrangements outside their designated districts. Where the LDSS requests that the District provide or arrange for transportation for a student in temporary housing in the circumstances above, the District will provide or arrange for the transportation and directly bill the LDSS so that the district will be fully and promptly reimbursed for the cost of the transportation.

If the District is the designated school district of attendance, the District will provide for the transportation of each student in temporary housing who is living in a residential program for runaway and homeless youth, including if the temporary housing is located outside the school district. The costs for transportation for each student in temporary housing who lives in a residential program for runaway youth and homeless youth located outside of the designated school district will be reimbursed by the State Education Department, to the extent funds are provided for the purpose, with the submission of a Runaway and Homeless Youth Act Transportation Program Form. Where the District provides transportation for a student living in a Runaway and Homeless Youth facility, the District will promptly request reimbursement using the Runaway and Homeless Youth Act Transportation Form. 

The District will transport any student in temporary housing to their school of origin, including preschools and charter schools, where it is the designated district of attendance and the student in temporary housing is not entitled to receive transportation from the Department of Social Services.

When the District is designated as the school district of current location for a student in temporary housing and the student does not attend the school of origin, the District will provide transportation on the same basis as it is provided to resident students, unless the local transportation policy represents a barrier to the student's attendance in school.

If the student in temporary housing designates the District as the school district of attendance, transportation will not exceed 50 miles each way, unless the Commissioner determines that it is in the best interest of the child.

Where the District is designated as the school district of attendance and it has recommended the student in temporary housing attend a summer educational program, the district of attendance will provide transportation services to students in temporary housing for summer educational programs if the lack of transportation poses a barrier to the student's participation in the program.

Where the District is designated as the school district of attendance, it will provide transportation services to students in temporary housing for extracurricular or academic activities when:

a) The student participates in or would like to participate in an extracurricular or academic activity, including an after-school activity, at the school;

b) The student meets the eligibility criteria for the activity; and

c) The lack of transportation poses a barrier to the student's participation in the activity.

Where the District is designated as the school district of attendance, it will provide transportation as described above for the duration of homelessness, unless the LDSS is responsible for providing transportation. After the student becomes permanently housed, the District will provide transportation to the school of origin until the end of the school year and for one additional year if that year constitutes the child's terminal year in the school building.

Where a student in temporary housing must cross state-lines to attend a school of origin, the District will coordinate with the District in the neighboring state to provide transportation services when:

a) The student is temporarily living in New York State and continues to attend school in a neighboring state; or

b) The student is temporarily living in a neighboring state and continues to attend school in New York State.

 

Dispute Resolution Process 

The District has established the following procedures for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth:

a) The District will provide a written explanation, including a statement regarding the right to appeal, to the parent or guardian of a student in temporary housing, or to an unaccompanied youth, if the District determines that the District is not required to either enroll and/or transport the child or youth to the school of origin or a school requested by the parent or guardian or unaccompanied youth, or if there is a disagreement about a child's or youth's status as a homeless child or unaccompanied youth. The written explanation will be in a manner and form understandable to the parent, guardian, or unaccompanied youth and will include a statement regarding the McKinney-Vento liaison's availability to help the parent, guardian, or unaccompanied youth with any appeal and the contact information for the liaison.

b) The District will immediately enroll the student in the school in which enrollment is sought by the parent or guardian or unaccompanied youth, provide transportation to the school, and will delay for 30 days the implementation of a final determination to decline to either enroll in and/or transport the student in temporary housing to the school of origin or a school requested by the parent or guardian or unaccompanied youth.

c) If the parent or guardian of a student in temporary housing or unaccompanied youth commences an appeal to the Commissioner within 30 days of such final determination, the student will be permitted to continue to attend the school he or she is enrolled in at the time of the appeal and/or receive transportation to that school pending the resolution of all available appeals.

 

The McKinney-Vento Liaison's Dispute Resolution Responsibilities

The District's McKinney-Vento liaison must assist the student in temporary housing's parent or guardian or unaccompanied youth in bringing an appeal to the Commissioner of a final school district decision regarding enrollment, school selection and/or transportation. In the event of a dispute regarding eligibility, enrollment, school selection, and/or transportation, the District's McKinney-Vento liaison will:

a) Provide the parent or guardian or unaccompanied youth with a copy of the form petition;

b) Assist the parent or guardian or unaccompanied youth in completing the form petition;

c) Arrange for the copying of the form petition and supporting documents for the parent or guardian or unaccompanied youth, without cost to the parent or guardian or unaccompanied youth;

d) Accept service of the form petition and supporting papers on behalf of any District employee or officer named as a party, or the District if it is named as a party, or arrange for service by mail by mailing the form petition and supporting documents to any District employee or officer named as a party, and, if the District is named as a party, to a person in the office of the Superintendent who has been designated by the Board to accept service on behalf of the District;

e) Provide the parent or guardian or unaccompanied youth with a signed and dated acknowledgment verifying that he or she has received the form petition and supporting documents, and will either accept service of these documents on behalf of the District employee or officer or District, or effect service by mail by mailing the form petition and supporting documents to any District employee or officer named as a party, and, if the District is named as a party, to a person in the office of the Superintendent who has been designated by the Board to accept service on behalf of the District;

f) Transmit on behalf of the parent or guardian or unaccompanied youth, within five days after the service of, the form petition or any pleading or paper to the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234;

g) Provide the parent or guardian or unaccompanied youth with a signed and dated acknowledgement verifying that he or she has received the form petition and supporting documents and will transmit these documents on behalf of the parent, guardian or unaccompanied youth to the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234;

h) Accept service of any subsequent pleadings or papers, including any correspondence related to the appeal, if the parent or guardian or unaccompanied youth so elects. He or she will also make this correspondence available to the parent or guardian or unaccompanied youth; and

i) Maintain a record of all appeals of enrollment, school selection, and transportation determinations.

 

Coordination

The District will coordinate the provision of services described in this policy with local social services agencies, housing providers and other agencies or programs providing services to students in temporary housing and their families, including services and programs funded under the Runaway and Homeless Youth Act.

The District will coordinate with other school districts on inter-district issues, such as transportation or transfer of school records.

The District will coordinate implementation of the above provision of services with the requirements of the Individuals with Disabilities Education Act (IDEA) for students with disabilities.

 

Coordination with Title I

The District acknowledges that students in temporary housing are eligible for services under Title I, Part A, whether or not they live in a Title I school attendance area or meet the academic requirements required of other children. The District will ensure that:

a) Title I, Part A funds are set aside as are necessary to provide students in temporary housing, who may have unique needs that differ from their permanently housed peers, with educationally related support services;

b) Its local plan includes a description of how the plan is coordinated with McKinney-Vento;

c) Its local plan describes the services provided to students in temporary housing;

d) Its local plan describes the efforts it made to identify students in temporary housing, including unaccompanied youth, if the District reports that there are no students in temporary housing enrolled in the District. These efforts will include contacting the LDSS or Office of Children and Family Services (OCFS) to verify that there are no students in temporary housing in the District; and

e) Its housing questionnaire asks about the living arrangements of the child or unaccompanied youth, including asking if he or she is living in a shelter; with relatives or others due to loss of housing or economic hardship; in an abandoned apartment/building; in a motel/hotel, camping ground, car, train/bus station or other similar situation due to the lack of alternative, adequate housing. Documentation of the District's efforts to identify students in temporary housing will be maintained on file and a copy of the housing questionnaire will also be kept on file.

 

Reporting Requirements 

The District will collect and transmit to the Commissioner of Education, at the time and in the manner as the Commissioner may require, a report containing information as the Commissioner determines is necessary, including the numbers of homeless students, their grade, and their nighttime residence.

 

Access to Free Meals

The District will provide free meals to all children identified as homeless. They do not have to complete a free or reduced-price meal application. When the McKinney-Vento liaison or a shelter director provides a child's name to the District's school food service office, free school meals will commence immediately.

 

Removal of Barriers  

The District will review and revise its policies that may act as barriers to the identification of students in temporary housing and their enrollment and retention in school, including barriers to enrollment and retention due to outstanding fees or fines, or absences.

 

Comparable Services

The District will provide services to students in temporary housing comparable to those offered to other students in the District, including: transportation services; educational services for which the child or youth meets the relevant criteria, such as services provided under Title I or similar State or local programs; educational programs for students with disabilities; educational programs for English learners; programs in career and technical education; programs for gifted and talented students; and school nutrition programs.

 

Student Privacy

Information about a student in temporary housing's living situation will be treated as a student education record and will not be deemed to be directory information under the Family Educational Rights and Privacy Act (FERPA). A parent or guardian or unaccompanied youth may consent to the release of a student's address information in the same way they would for other student education records under FERPA.

 

Training

All school enrollment staff, secretaries, school counselors, school social workers, and principals will be trained on the requirements for enrollment of students in temporary housing. Other staff members including school nutrition staff, school registered professional nurses, teachers, and bus drivers will receive training on homelessness that is specific to their field.

 

McKinney-Vento Homeless Assistance Act, as amended by the Every Student Succeeds Act (ESSA) of 2015, 42 USC § 11431, et seq.

Education Law §§ 902(b) and 3209

Executive Law Article 19-H

8 NYCRR § 100.2(x)

 

Adoption Date: April 12, 2022

Policy References

McKinney-Vento Homeless Education Assistance Act, as reauthorized by the Every Student Succeeds Act (ESSA) 42 United States Code (USC) Section 11431 et seq.
Education Law Sections 902(b) and 3209
Executive Law Article 19-H
8 New York Code of Rules and Regulations (NYCRR)Section 100.2(x)

7000 - STUDENTS

7132 NON-RESIDENT STUDENTS

Last Updated Date: 7/11/2017

Adoption Date: 6/12/2007

Revisions History: 4/13/2010, 4/17/2012, 3/24/2015, 7/11/2017, 10/24/2017

The Board of Education affirms its primary responsibility to educate children who are residents of the District and who are of legal age to attend school. Brighton Central School District does not permit the attendance of students who are not legal residents of the district except in the following circumstances:

Resident Student Moving Out of the District

A resident student attending the Brighton Schools, who has commenced the school year but becomes a non-resident during the school year, may be permitted to complete his/her current school year, subject to being a student in good standing, based on the student's behavioral and academic record, the best interests of the district, and the approval of the Superintendent, and provided that prorated non-resident tuition is paid in advance.  In making this determination, the Superintendent will consider the student's 'good standing,' which will include a review of factors relating to the student's behavioral and academic record, for example, no in-school/out-of-school suspensions on record, and at least a 'C' average in all academic courses.  Parents or legal guardians of non-resident students assume all responsibilities for transportation of such students to and from school, and any school-related activities. 

Senior Exemption

A resident student attending Brighton High School who is eligible to be a senior may be permitted to complete his/her senior year as a non-resident without payment of tuition provided the student was a resident in attendance at Brighton High School for the entire preceding school year, subject to being a student in good standing, as defined below, and the approval of the Superintendent.  Senior Exemption is a privilege. The continued admission of the nonresident student must be in the best interests of the District.  In making this determination, the Superintendent will consider the student’s “good standing,” which will include a review of factors relating to the student’s behavioral and academic record, for example, no in-school/out-of-school suspensions on record, and at least a “C” average in all academic courses necessary for an on-time graduation.  Parents or legal guardians of non-resident students assume all responsibility for transportation of such students to and from school and any school-related activities.

 

Foreign Exchange Students

The Board of Education recognizes cultural enrichment may be derived from welcoming foreign exchange students into the high school educational program.

The District may recognize high school eligible exchange students between the ages of fifteen through eighteen seeking admission to the District through written application to the Brighton High School principal or his or her designee no later than April 1.  Applicants will only be considered through the following accredited foreign exchange programs: AFS Intercultural Program; Academic Year in America or American Institute for Foreign Study; Rotary Exchange Program; ATAD: Smaller, ROC-based group; PAX- Program of Academic Exchange; Cultural Homestay International; or EF International Exchange.  

The Superintendent of Schools or his or her designee retains the sole discretion to deny admission to any student not meeting all requirements set forth in this policy and its regulations. He or she may also terminate any approval of a foreign exchange student when he or she believes that it would be in the best interest of the District.  

The number of foreign exchange students that may be accepted in a given school year will be at the discretion of the Superintendent.  Granting such permission shall be based, primarily, upon the superintendent’s determination that the admission of the student is in the best interests of the student and the district.  The student’s acceptance in the District will be determined on whether his or her acceptance can be accommodated within current budgetary resources; his or her placement will not require any increase in the size of the teaching faculty or other staff members; will not result in class or course sizes exceeding limits established by policy or by contractual obligation; and transportation can be accommodated with current available resources. 

Placement of foreign exchange students rests entirely with the sponsoring agency and any placement issues, host family changes or transfers, and other issues arising from host family placement rests entirely with the sponsoring agency and not the school. 

Foreign exchange students must:

1. Be of school age and currently enrolled as a student in good standing in their home country. Students who have earned the equivalent of a high school diploma in their native land will not be accepted as an exchange student in the District.
2. Have demonstrated sufficient scholastic achievement in his/her home school to indicate the possibility of success in the District school they will attend.
3. Ensure that their academic records and credentials are available to school officials in advance of the student's admission.
4. Be in good health and provide an immunization record demonstrating that the student complies with current New York State immunization requirements.
5. Have health and accident insurance in acceptable form to the District.
6. Enroll in the District on a full-time basis for the fall semester or one (1) school year.
7. Abide by the Brighton High School Applicant expectations and guidelines.
8. Agree to conform to District Code of Conduct, the Brighton High School Parent/Student Code of Conduct.

A foreign exchange student's enrollment in the School District may be terminated at any time by school officials for failure to abide by the established guidelines, including: 

1. Failing grades in two or more courses of study; or
2. Failure to conform to established rules and regulations; or
3. Failure to conform to the regulations established by the sponsoring organization; and/or
4. Excessive absences.

Participating foreign exchange students are entitled to free tuition, and a free or reduced lunch will be provided to the exchange student if he or she has been placed with a host family that qualifies for such under state guidelines.

Academic course selection will be made based upon the sponsoring agencies recommendations, exchange student input, academic transcript and record information, course availability, and class size considerations.  Based on the needs of the school and student interest, the school counselor, and the principal reserve the right to amend, change, or alter student schedules. 

The counseling department will offer all traditional counseling and guidance services provided to all other students regardless of ethnicity, race, religion, or nation of origin.  However, the sponsoring agency will assume all responsibility for securing Visas, Work permits, Specialized College Board Tests, International Student College Applications, and any other state, federal, or international requirements pertaining to any foreign exchange student’s decision to remain in the United States to work or attend college. 

All traditional fees associated with any tests, field trips, graduation activities, commencement fees, class organization dues, and other traditional school-related expenses not normally incurred by the school will either be paid by the exchange student, his or her host family, or the sponsoring agency.

Foreign students shall be subject to the District’s Code of Conduct and all applicable policies and regulations. The District reserves the right to deny admission or terminate the enrollment to any student not meeting all the requirements of this policy or the policies of the District. The District reserves the right to remove a non-resident student from the District without the need for a hearing under Education Law §3214.

 

Purchase or Construction of a Home

Parents who have contracted for the purchase, construction or lease of a home located in the District and who expect to occupy the home within ninety (90) days from the time their child starts school will be considered residents of the District, provided they submit satisfactory proof that occupancy will occur within the ninety (90) day period. If occupancy does not occur during the ninety (90) day period, non-resident tuition may be pro-rated from the date of school entrance to the date of actual occupancy. Parents or legal guardians of non-resident students assume all responsibility for transportation of such students to and from school and school-related activities. 

Non-resident students other than those affected by the above provisions will not be accepted as tuition-paying students.  Non-resident tuition-paying students, admitted under prior District policy and currently attending Brighton schools, may remain in the district on a tuition basis until they graduate or move out of the Rochester area, whichever occurs first. Parents or legal guardians of non-resident students assume all responsibility for transportation of such students to and from school and school-related activities. 

Split Designation Properties - Selection of District

If the boundary line between the Brighton Central School District and another district intersects the dwelling located on the taxpayer's property, the taxpayer may designate the Brighton District as the district of residence for educational purposes. If the real property, but not the dwelling, is
intersected by the School District boundary line and the property includes an owner-occupied single-family dwelling unit, the owner may designate the Brighton Central School District as the district of residence for educational purposes.

To make such an election, the taxpayer must file a Notice of Designation with each school district on or before August 1st. Once a designation is made, it will continue in effect until a subsequent designation is made, but no subsequent designation may be made in any school year after August 1st until the close of the school year. An election may also be made:

a) When a new owner-occupied single-family residence is built on the property or when the owner-occupant first child first commences attending school from such residence; or

b) When the ownership of the property changes hands in an arm's length transaction or when the first child of the new owner-occupant first commences attending school from such residence. 

If the residence on the property is located in the Brighton District, the occupants of the residence may vote in the Brighton School District elections, irrespective of whether they have designated the Brighton District as the district of residence for educational purposes. If the residence is not on the property located in the Brighton Central School District, even though you have designated Brighton as the district of residence for education purposes, you cannot vote in school district elections.

Reservation of Claims

Should a material misstatement of fact be made and relied upon the Superintendent admitting a non-resident student without tuition, the Board shall be entitled to recover the cost of instruction for the time the student was not authorized to attend a school in the District from the person having made the misstatement or from a person in parental relation to the student.

Tuition Fees

Where applicable, tuition fees are computed according to a formula established by the Commissioner of Education.

Tuition of applicable individual non-resident students shall be computed in advance at the time of enrollment. Tuition shall be paid in advance by the parents at the beginning of each semester.

Nonresident student status is contingent upon timely payment of tuition fees as established by the Board of Education.

School Tax Credit

Any school taxes paid by the parent of a non-resident student to the District resulting from the sole ownership of residential property will be credited toward the non-resident tuition upon presentation of proof of payment of the taxes.

 

Policy References

Education Law Sections 1709(13), 3202, 3203
8 New York Code of Rules and Regulations (NYCRR)
Section 174.2

7000 - STUDENTS

7150 REMOTE INSTRUCTION

Adoption Date: 11/17/2020

Revision Dates: Oct. 1, 2024

Overview

The District may offer remote or distance instruction to students at certain times including, but not limited to, independent study, enrichment courses, and in the event of an emergency condition, including, but not limited to, extraordinary adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, destruction of a school building, or a communicable disease outbreak.

In the event the District remains in session and provides remote instruction when it would otherwise close due to an emergency condition, the remote instruction provided by the District will be consistent with the District's emergency remote instruction plan, located in the District-wide school safety plan.

When making decisions about remote instruction, the District will consult with students, parents, teachers, administrators, community members, and other stakeholders as appropriate. When implementing remote instruction, the District will ensure that it is complying with applicable teaching and learning requirements.

 

Definitions

a)      "Asynchronous instruction" means instruction where students engage in learning without the direct presence (remote or in-person) of a teacher.

 

b)      "Non-digital and/or audio-based instruction" means instruction accessed synchronously and/or asynchronously through paper-based materials where the student to teacher interaction occurs via telephone or other audio platforms.

 

c)      "Remote instruction" means instruction provided by an appropriately certified teacher who is not in the same in-person physical location as the student(s) receiving the instruction, where there is regular and substantive daily interaction between the student and teacher.

 

1.      Remote instruction will encompass synchronous instruction provided through digital video-based technology and may also include asynchronous instruction intended to complement synchronous instruction. Digital video-based technology includes online technology and videoconferencing technology.

2.      Remote instruction may encompass non-digital and audio-based asynchronous and/or synchronous instruction where this instruction is more appropriate for a student's educational needs.

 

Reporting of Computer and Connectivity Survey Results

No later than June 30 of each school year, the Superintendent will report to the Commissioner of Education the results of the survey on student access to computing devices and access to Internet connectivity on a form and format prescribed by the Commissioner.

Minimum Instructional Hours

Remote instruction provided on days when the District would have otherwise closed due to an emergency condition may be counted toward the annual hourly requirement for the purpose of state aid. The Superintendent will certify to the New York State Education Department, on a form prescribed by the Commissioner, that an emergency condition existed on a previously scheduled school day and that the District was in session and provided remote instruction on that day and indicate how many instructional hours were provided on that day and certify that remote instruction was provided in accordance with the District's emergency remote instruction plan.

 

Remote Instruction Support

As necessary, the District will provide instruction on using remote instruction technology and IT support for students, teachers, and families. The District will also work to ensure that teachers and administrators are provided with professional development opportunities related to designing an effective remote instruction experience.

 

Compliance with District Policies, Procedures, and the Code of Conduct

Teachers and students are required to comply with any and all applicable District policies, procedures, and other related documents as they normally would for in-person instruction. Examples include, but are not limited to, the District's policies and procedures on non-discrimination and anti-harassment, acceptable use, and copyright. Students will also be required to abide by the rules contained within the Code of Conduct at all times while engaged in remote instruction. Violations of the Code of Conduct and/or engaging in prohibited conduct may result in disciplinary action as warranted.

 

Privacy and Security of Student and Teacher Data

The District will take measures to protect the personally identifiable information of students and teachers from unauthorized disclosure or access when using remote instruction technologies in compliance with law, regulation, and District policy. Examples of these measures include, but are not limited to, minimizing the amount of data shared to only that which is necessary, deidentifying data, and  using encryption or an equivalent technical control that renders personally identifiable information unusable, unreadable, or indecipherable to unauthorized persons when transmitted electronically.

8 NYCRR Sections 100.1, 100.5, 155.17, and 175.5

 

NOTE:      Refer also to Policies #5681 --    School Safety Plans

                                                     #7220 -- Graduation Options/Early Graduation/Accelerated Programs

 

Adoption Date:  October 1, 2024

7000 - STUDENTS

7160 SCHOOL CENSUS

Although not required by law, the Brighton Central School District will take a census
periodically of all children from birth to eighteen (18) years of age. The School District is required to annually identify and register children with disabilities who reside in the District. Refer to Policy
#7650 – Identification and Register of Children With Disabilities. Census data shall be reported as
required by law.

The census must indicate the names of all children between birth and eighteen (18) years of age,
and of children with disabilities between birth and twenty-one (21) years of age; their respective
residences by street and number; the day of the month and the year of their birth; the names of the parents/persons in parental relation to them; such information relating to physical or mental
disabilities, to illiteracy, to employment and to the enforcement of the law relating to child labor and compulsory education as the State Education Department and the Board of Education shall require; and also such further information as the Board shall require.

On written request and in such form as prescribed by the Commissioner of Education, the Board
shall provide to the Commissioner a report containing the names, ages and addresses of those children who are blind or deaf, and those children having serious physical or mental disabilities. Additionally, such report shall further indicate whether such children are being educated within the public schools of the District or, if they are not, where such education is being furnished to them.

Parents/persons in parental relation to those children within the prescribed census age ranges are
to make such reports as the Board of Education shall require, including, but not limited to, providing two (2) weeks before the child reaches compulsory school age, the name of the child; the child's residence; the name of the person or persons in parental relation to the child; the name and location of the school to which the child shall have been or shall be sent as a student; and such other information as required by law or as the Board may require.

A parent, guardian or other person having under his/her control or charge a child between birth
and eighteen (18) years of age who withholds or refuses to give information in his/her possession
relating to such census data as required by law pertaining to the child; or, in the alternative, gives false information in relation to such census data, shall be liable to and punished by a fine or imprisonment as established by law.

Count of Immigrant Children and Youth, 2006

As a provision of the federal Title III Part A – English Language Acquisition, Language
Enhancement, and Academic Achievement Act under the No Child Left Behind Act of 2001, the U.S. Secretary of Education requires that all local agencies (LEAs) count the number of 'immigrant
children and youth ' enrolled in the public and nonpublic schools in the geographic area under the
jurisdiction of, or served by, the LEA. All 'immigrant children and youth' who initially enrolled in
schools in the United States between February 1, 2003 and January 31, 2006 must be counted and reported.

For purposes of this count, the term 'immigrant children and youth' shall include those
individuals who:

a) Are ages three (3) through twenty-one (21);

b) Were NOT born in any state or from the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands,
or the Trust Territory of the Pacific Islands; and

c) Have NOT been attending schools in any one or more States for more than three (3) full
academic years.

The results of this count have important implications for the receipt of supplemental federal
funds to eligible LEAs in New York State for services to recently arrived immigrant children and
youth.

Each nonpublic school shall report its data to the public school district in which it is located. It is
the responsibility of each public school district to report its immigrant count as well as the counts for all nonpublic schools within its jurisdiction.

In accordance with law, the District shall conduct its survey and submit the information on the
appropriate form to the New York State Education Department by the specified deadline date.

Policy References

Education Law Sections 3240-3243 and 4402(1)(a)
8 New York Code of Rules and Regulations (NYCRR)
Section 200.2(a)
20 United States Code (USC) Section 6811

7000 - STUDENTS

7210 STUDENT EVALUATION AND PLACEMENT

Last Updated Date: 10/1/2014

Adoption Date: 6/12/2007

Grade Placement

Grade placement within the District's instructional system, shall be at the discretion of the school administration and shall be subject to review at any time. In making such decisions, the administrator will be guided by performance in class, past records, including various measures of student growth; parent and teacher recommendations, and any other appropriate sources of information.  With regard to student placement decisions, parents may submit written requests for teacher attributes that would best serve their child's learning needs; however requests for specific teachers will not be honored and the final decision shall rest with the school administration.

Testing Program

The Brighton Central School District utilizes various ability, achievement, diagnostic,
readiness, interest and guidance tests for the purpose of complying with state and federal law and/or aiding the implementation of quality educational services. The District will not make any student promotion or placement decisions based solely or primarily on student performance on the state administered English language arts and mathematics assessments for grades 3 through 8. The District may, however, consider student performance on such state assessments in making student promotion and placement decisions provided that multiple measures be used in addition to such assessments and that such assessments do not constitute the major factor in such determinations.

Alternative Testing Procedures

The use of alternative testing procedures shall be limited to:

a) Students identified by the Committee on Special Education and/or Section 504 Team as having a disability. Alternative testing procedures shall be specified in a student's
Individualized Education Program or Section 504 Accommodation Plan; and

b) Students whose native language is other than English (i.e., English language learners) in accordance with State Education Department Guidelines.

The alternative testing procedures employed shall be based upon a student's individual needs and the type of test administered.

The District shall report the use of alternative testing procedures to the State Education Department on a form and at a time prescribed by the Commissioner.

Reporting to Parents and Persons in Parental Relation to Students

Parents, guardians, and/or persons in parental relation to District students shall receive an appropriate report of student progress at regular intervals.

The District will not place or include on a student's official transcript or maintain in a student's permanent record any individual student score on a state administered standardized English language arts or mathematics assessment for grades 3 through 8. However, the District will comply with state and federal requirements regarding the maintenance and transfer of student test scores. Any test results on a state administered standardized English language arts or mathematics assessment for grades 3 through 8 sent to parents or persons in parental relation to a student shall include a clear and conspicuous notice that such results will not be included on the student's official transcript or in the student's permanent record and are being provided to the student and parents for diagnostic purposes.

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 interim reports, conferences, phone conversations, etc.

When necessary, attempts will be made to provide interpreters for non-English speaking parents, guardians, and/or person in parental relation to District students.

Policy References

Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.
8 New York Code of Rules and Regulations (NYCRR)
Sections 100.2(g), 100.2(ll), 100.3(b)(2)(iv), 100.4(b)(2)(v), 100.4(e)(6), Parts 117 and 154
Education Law Sections 305(45)-(47), 1709(3)

7000 - STUDENTS

7211 PROVISION OF INTERPRETER SERVICES TO PARENTS WHO ARE HEARING IMPAIRED

The Board of Education assures parents or persons in parental relation who are hearing impaired the right to meaningful access to school initiated meetings or activities pertaining to the academic and/or disciplinary aspects of their children's education. School initiated meetings or activities are defined to include, but are not limited to, parent-teacher conferences, child study or building-level team meetings, planning meetings with school counselors regarding educational progress and career planning, suspension hearings or any conferences with school officials relating to disciplinary actions.

The term 'hearing impaired' shall include any hearing impairment, whether permanent or fluctuating, which prevents meaningful participation in School District meetings or activities. Parents or persons in parental relation shall be notified of the availability of interpreter services to be provided at no charge, provided that a written request is made to the School District within fourteen (14) days of the scheduled event. Exceptions to the time frame request may be made for unanticipated circumstances as determined by the Principal/designee. The District shall also notify appropriate school personnel as to the terms and implementation of this policy.

If interpreter services are requested, the District shall appoint an interpreter for the hearing impaired to interpret during the meeting or activity. The District will arrange for interpreters through a District-created list or through an interpreter referral service. The District shall also develop interagency agreements, as appropriate, to ensure that sign language interpreters are provided for eligible parents or persons in parental relation when District students attend out-of-District schools or programs.

In the event that an interpreter is unavailable, the School District shall make other reasonable accommodations which are satisfactory to the parents or persons in parental relation. Examples of what constitutes reasonable accommodations in the event an interpreter cannot be located may include, but are not limited to, the use of:

a) Written communications, transcripts, note takers, etc; and

b) Technology, such as: a decoder or telecommunication device for the deaf, assistive
listening devices, and closed or open captioning.

Policy References

Education Law Section 3230
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2(aa)

7000 - STUDENTS

7220 GRADUATION OPTIONS/EARLY GRADUATION/ACCELERATED PROGRAMS

Last Updated Date: 12/7/2016

Adoption Date: 6/12/2007

Revisions History: 5/26/2009

To graduate from the District, a student must meet or exceed the requirements set forth in Part 100 of the Commissioner's regulations. The Board may establish graduation requirements that exceed the minimum standards set by the Board of Regents. The District will award the appropriate diploma, credential, or both to students.

Pathways to Graduation

Students must pass the required number of Regents examinations or approved alternative exams and meet any further graduation requirements; these requirements may include passing an approved pathways assessment, other assessment, or an additional exam that measure an equivalent level of knowledge and skill. Students who fail certain Regents examinations may appeal the result in accordance with Commissioner's regulations.

Early Graduation

Upon request from the student's parent/guardian, a student may be eligible for early graduation in fewer than eight (8) semesters if the student completes all requirements for graduation, excluding physical education, as mandated by Commissioner's regulations. A student will not be required to continue enrollment for the sole purpose of completing physical education requirements. The District will consult with appropriate personnel, the student, and the persons in parental relation, and consider factors such as the student’s grades, performance in school, future plans, and benefits to early graduation in making its decision.

Accelerated Programs

Middle School Student Acceleration for Diploma Credits

Individual middle school students may be afforded the opportunity to take high school courses in mathematics and in at the least one of the following areas: English, social studies, languages other than English, art, music, career and technical education subjects, or science courses. The Superintendent or his/her designee is responsible for determining whether a student is eligible to take high school courses using criteria that examines each student's readiness. Students who are accelerated for diploma credit must have been provided instruction designed to facilitate their attainment of, by the end of Grade 7, the State intermediate learning standards in each subject area in which they are accelerated.

Advanced Placement

Advanced Placement (AP) examinations for a variety of courses are administered by the College Board in May of each year with strict guidelines as to its implementation.  AP examinations afford students the opportunity to earn credit or advanced standing in many of the nation's colleges and universities. The District will utilize a set of criteria to determine a student's readiness for enrollment in any AP classes.

Dual Credit for College Courses

Students who wish to enroll in college level coursework must meet all academic, grade level and coursework requirements. Students who have demonstrated intellectual and social maturity may choose to matriculate at any one (1) of the colleges that have a cooperative agreement with our School District. These opportunities may include early admission to college, collegiate-level work offered in the high school, or other means of providing advanced work.  Review and approval by the administration are necessary before any college courses may be taken during the school day.

The Board will not pay tuition and other related costs for those high school students enrolled in college courses.

Online Coursework

The District may offer students the ability to complete general education and diploma requirements for a specific subject through online instruction or blended coursework that combines online and classroom-based instruction.

To receive credit for this online coursework, students must successfully complete an online or blended course and demonstrate mastery of the learning outcomes for the subject by passing the Regents exam and/or other assessment in the subject area.

Policy References

8 New York Code of Rules and Regulations (NYCRR)
Sections 100.1(i), 100.2(f), 100.4(d), 100.5, 100.6, and 200.5

7000 - STUDENTS

7221 EARLY GRADUATION AND PARTICIPATION IN GRADUATION CEREMONIES AND ACTIVITIES

Last Updated Date: 09/03/2019

Adoption Date: 6/12/2007

Revisions History: 9/17/2008; 09/04/2018

A student shall be eligible for early graduation in fewer than eight (8) semesters upon completion of all requirements for graduation, excluding physical education, as mandated by Commissioner's Regulations. A student shall not be required to continue enrollment for the sole purpose of completing physical education requirements. The District, upon request from the student's parent/guardian, shall grant the student a high school diploma prior to his/her completion of the eighth (8th) semester in accordance with Commissioner's Regulations.

Any student who has satisfactorily completed all graduation requirements will be permitted to participate in the graduation ceremony and all related graduation activities of his or her graduating class subject to certain exceptions. Students may be prohibited from participating in the graduation ceremony or related graduation activities as a consequence of violating the District's Code of Conduct.

 

The District permits any student to participate in the graduation ceremony and all related graduation activities of his or her high school graduating class, if the student has been awarded a Skills and Achievement Commencement Credential or a Career Development and Occupational Studies (CDOS) Commencement Credential, but has not otherwise qualified to receive a Regents or local diploma. While permitted to participate, these students are not required to participate in the graduation ceremony or related graduation activities of his or her high school graduating class. For purposes of this policy, a student's high school graduating class is the twelfth grade class with which he or she entered into ninth grade.

The District will provide annual written notice of this policy and any related procedures to all students and their parents or guardians.

 

Policy References

8 New York Code of Rules and Regulations (NYCRR)
Sections 100.2(00)

Education Law 3204 (4-b)

7000 - STUDENTS

7222 DIPLOMA OR CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES

Last Updated Date: 11/27/2018

Adoption Date: 6/12/2007

Revisions History: 03/20/2018; 09/04/2018

The District will provide students with disabilities appropriate opportunities to earn a diploma or non-diploma exiting credential in accordance with Commissioner's regulations. Students with disabilities may be eligible for one or more of the following: 

Diploma Options

 a) Regents Diploma, including with honors, an advanced designation, a career and technical education endorsement, and/or any other designation or endorsement as may be available from time to time.

 b) Local Diploma, including with any endorsement as may be available from time to time.

 

Exiting Credential Option

1. Career Development and Occupational Studies commencement credential (CDOS) which may be earned as a supplement to a Regents or local diploma or as a student’s only exiting credential. 

2. Skills and Achievement (SA) commencement credential: Specific requirements and detailed information for each diploma and non-diploma high school exiting credential are specified in the Commissioner's regulations and various guidance materials issued by the New York State Department of Education. 

 

 

Refer also to Policies      #7220 -- Graduation Options/Early Graduation/Accelerated Programs

                                    #7221 -- Participation in Graduation Ceremonies

                                    #7641 -- Transition Services

Policy References

Education Law Sections 3202 and 4402
8 New York Code of Rules and Regulations (NYCRR)
Sections 100.1, 100.2, 100.5, and 100.6, 

7000 - STUDENTS

7240 STUDENT RECORDS: ACCESS AND CHALLENGE

Last Updated Date: 9/11/2013

Adoption Date: 6/12/2007

Revisions History: 2/9/2008, 5/26/2009, 9/10/2013

The District will comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Under the provisions of FERPA, parents or guardians and noncustodial parent(s), whose rights are not limited by court order or formal agreement, of a student under eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, have a right to inspect and review any and all education records maintained by the District.

Education Records

The term "education records" is defined as all records, files, documents and other materials containing information directly related to a student; and maintained by the education agency or institution, or by a person acting for such agency or institution. This includes all records regardless of medium, including, but not limited to, handwriting, videotape or audiotape, electronic or computer files, film, print, microfilm, and microfiche.

In addition, for students who attend a public school district, all records pertaining to services provided under the Individuals with Disabilities Education Act (IDEA) are considered "education records" under FERPA. As such, they are subject to the confidentiality provisions of both Acts.

Personal notes made by teachers or other staff, on the other hand, are not considered education records if they are:

a) Kept in the sole possession of the maker;

b) Not accessible or revealed to any other person except a temporary substitute; and

c) Use only as a memory aid.

Additionally, FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official's personal knowledge or observation and not from the student's education records.

Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded.

Access to Student Records

Administrative regulations and procedures will be developed to comply with the provisions of federal law relating to the availability of student records. The purpose of such regulations and procedures is to make available to the parents or guardians of students and noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students who are eighteen (18) years of age or older or who are attending an institution of post-secondary education, student records, and files on students, and to ensure the confidentiality of such records with respect to third parties.

Under FERPA, unless otherwise exempted in accordance with law and regulation, the District may release Personally Identifiable Information (PII) contained in student records only if it has received a "signed and dated written consent" from a parent or guardian or eligible student. Signed and dated written consent may include a record and signature in electronic form provided that such signature:

a) Identifies and authenticates a particular person as the source of the electronic consent; and

b) Indicates the person's approval of the information contained in the electronic consent.

Exceptions

Without the consent of a parent or eligible student, a district may release a student's information or records when it is:

a) Directory Information and Limited Directory Information

“Directory information” is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. “Limited Directory Information Disclosure” means the District reserves the right to limit disclosure of designated directory information to specific parties, for specific purposes, or both.

The District reserves the right to limit disclosure of directory information for school purposes. The District hereby restricts disclosure of student information to outside entities when the District determines such disclosure could result in danger to the health and safety of students. For purposes of implementing this limited directory information exception, the District shall limit disclosure of designated directory information to those entities and for the purposes set forth in its directory information public notice to parents of students in attendance.

b) To School Officials who have a Legitimate Educational Interest

To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. An educational interest includes the behavior of a student and disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of the student, other students or other members of the school community. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

c) To Another Educational Institution

The District may disclose any and all educational records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of IDEA, to another school or postsecondary institution at which the student seeks or intends to enroll, or after the student has enrolled or transferred, so long as the disclosure is for purposes related to the student's enrollment or transfer. Parental consent is not required for transferring education records if the school's annual FERPA notification indicates that such disclosures may be made. In the absence of information about disclosures in the annual FERPA notification, school officials must make a reasonable attempt to notify the parent about the disclosure, unless the parent initiated the disclosure. Additionally, upon request, schools must provide a copy of the information disclosed and an opportunity for a hearing.

d) For Health and Safety Emergency Reasons

The District must balance the need to protect students' personally identifiable information with the need to address issues of school safety and emergency preparedness. Under FERPA, if an educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records, without consent, to any person whose knowledge of the information is necessary to protect the health and safety of the student or other individuals during the period of the health or safety emergency. The District may release information from records to appropriate parties including, but not limited to, parents, law enforcement officials and medical personnel. The District's determination that there is an articulable and significant threat to the health or safety of a student or other individuals shall be based upon a totality of the circumstances, including the information available, at the time the determination is made. The District must record the articulable and significant threat that formed the basis for the disclosure and maintain this record for as long as the student's education records are maintained.

e) To Juvenile Justice Systems

Information may be disclosed to state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records were released. In these cases, the official or authority must certify in writing that the information will not be disclosed to any other party except as provided under law without prior written consent.

f) To Foster Care Agencies

The District may release records to an agency caseworker or other representative of a State or local child welfare agency, who has the right to access a student's case plan, when the agency or organization is legally responsible, for the care and protection of the student. This does not give a child welfare agency the right to look into any non-foster care student's records, without parental consent, when there has been a mere allegation of abuse or maltreatment, absent an order or subpoena.

g) Pursuant to a Subpoena or Court Order

When the District receives a subpoena or court order for the release of records it will make a reasonable effort to notify the parent or guardian or eligible student of the order or subpoena in advance of compliance. This allows the parent or guardian or eligible student to seek protective action against the subpoena or order before the release of the records.

The District may disclose a student's records without first notifying parents or guardians or eligible students if the disclosure is:

1. Based on a subpoena in which the court orders, for good cause shown, not to reveal to any person the existence or contents of the subpoena or any information furnished pursuant to the subpoena;

2. Pursuant to a judicial order in cases where the parents are a party to a court proceeding involving child abuse or maltreatment or dependency matters, and the order is issued in the context of that proceeding; or

3. Made to a court (with or without an order or subpoena) when the District is involved in a legal action against a parent or student and the records are relevant to the matter.

h) For Financial Aid Purposes

Pertinent information may be released in connection with the determination of eligibility, amount, conditions and enforcement of terms of a student's financial aid.

i) To Accrediting Organizations

Disclosure of a student's records may be made to an organization in which that student seeks accreditation, in order to carry out their accrediting function.

j) To Parents of a Dependent Student

Even when a student turns eighteen (18) years of age or older a District may disclose education records to that student's parents, without the student's consent, if the student is claimed as a dependent for federal income tax purposes by either parent.

k) For Audit/Evaluation Purposes

The audit or evaluation exception allows for the disclosure of PII from education records without consent to authorized representatives of the Comptroller General of the U.S., the Attorney General, the Secretary of Education, federal, state or local educational authorities ("FERPA permitted" entities). Under this exception, PII form education records must be used to audit or evaluate a Federal or State supported education program, or to enforce or comply with Federal legal requirements that relate to those education programs (audit, evaluation, or enforcement or compliance activity).

The District may occasionally disclose PII from education records without consent to authorized representatives of the entities listed above. The District may also, designate its own authorized representative who may access PII without consent in connection with an audit or evaluation of an education program within the District. As an example, the District might designate a university as its authorized representative in order to disclose, without consent, PII from education records on its former students to the university. The university could then disclose, without consent, transcript data on those former students attending the university to allow the District to evaluate how effectively the District prepared its students for success in postsecondary education.

l) For Conducting Studies

This exception allows for the disclosure of PII from education records without consent to organizations conducting studies for, or on behalf of, schools, school districts or postsecondary institutions. Studies can be for the purpose of developing, validating, or administering predictive tests; administering student aid programs; or improving instruction.

The District may disclose PII from education records without consent to organizations conducting studies for the District, in accordance with its obligations under FERPA.

In addition, other entities outside of the District may occasionally disclose PII from education records that the District has previously shared with that entity, to organizations conducting studies on behalf of the District. For example, the State Education Department (NYSED) may disclose PII from education records provided by the District without consent to an organization for the purpose of conducting a study that compares program outcomes across school districts to further assess the effectiveness of such programs with the goal of providing the best instruction.

Required Agreements for the Studies or Audit/Evaluation Exceptions (see items K and L)

To the extent required by law, the District will enter into a written agreement with organizations conducting studies for the District, or, with its designated authorized representatives in connection with audits or evaluations of education programs within the District. In the event the District discloses PII from education records to its own designated authorized representative in connection with an audit or evaluation of an educational program within the District, it will use reasonable methods to ensure to the greatest extent practicable that its designated authorized representative complies with FERPA and its regulations.

State Exception for Student Teacher Videotaped Instruction

Although not specifically listed in the enumerated exceptions to FERPA, New York State Regulations specify that schools are required to allow student teachers to videotape themselves providing instruction in a classroom to meet the instruction component for teaching certification. The video must remain confidential and is not subject to viewing or disclosure to an individual or entity other than the student teacher applicant and personnel engaged in the determination of that student teacher's certification.

Challenge to Student Records

Parents or guardians of a student under the age of eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, shall have an opportunity for a hearing to challenge the content of the school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data.

Release of Information to the Noncustodial Parent

The District may presume that the noncustodial parent has the authority to request information concerning his/her child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent's access to the records, it would be his or her responsibility to obtain and present to the school a legally binding instrument that prevents the release of said information.

Parents' Bill of Rights

The District posts a parents' bill of rights for data privacy and security on its website, and it includes this bill of rights with every contract it enters into with a third-party contractor that receives student, teacher, or principal data. The bill of rights informs parents of the legal requirements regarding privacy, security, and use of student data.

 

Policy References

Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232g 34 Code of Federal Regulations (CFR) Part 99 Education Law Section 2-d

7000 - STUDENTS

7241 RELEASE OF INFORMATION TO THE NONCUSTODIAL PARENT

The District will presume that a noncustodial parent has the authority to request information
concerning his/her child. If the custodial parent wishes to limit the noncustodial parent's access to the records, it will be the responsibility of the custodial parent to obtain and present to the school a legally binding instrument which so limits the noncustodial parent's right of access.

Policy References

Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) 1232g(b)(4)(A)
34 Code of Federal Regulations (CFR) Part 99

7000 - STUDENTS

7242 LIMITED DISCLOSURE OF STUDENT DIRECTORY INFORMATION

Last Updated Date: 07/10/2018

Adoption Date: 6/12/207

Revisions History: 5/26/2009

In accordance with the Family Educational Rights and Privacy Act (FERPA), the District limits the disclosure of directory information (to individuals other than those with legitimate educational interest) to specific parties, for specific purposes, as set forth below and in its annual notification to parents/eligible students.  Eligible student means a student who is eighteen (18) years of age or older or who is attending an institution of postsecondary education.

Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.  The District defines “directory information” to include only the following: name, participation in officially recognized school activities and sports, dates of attendance, photograph, and honors and awards received. 

Prior to disclosing directory information, the District will annually provide written notice to parents of students in attendance and eligible students in attendance of:

(a) the types of information the District releases as directory information;

(b) the limited purposes for which directory information is typically released;

(c) the parents’/eligible students’ rights to refuse to let the District designate any or all of those types of information as directory information (“opt out”); and

(d) the period of time within which parents/eligible students have to notify the District in writing that they do not want any or all of those types of information designated as directory information.  Following such public notice and a reasonable response period, the District may release directory information for the limited reasons set forth below and in its annual written notice without prior written consent.

Parents and eligible students may not, by opting out of disclosure of directory information, prevent a school from requiring a student to wear or present a student identification card or a badge that displays information defined as “directory information.”  

If a parent of a student under the age of eighteen (18) or an eligible student does not wish to have some or all of the directory information described above released without proper consent, the School Principal's Office must be notified in writing within thirty (30) days after publication of the annual notice to parents published in the Parent Information Guide, which is posted on the district website or in accordance with the terms provided in the fall newsletter sent by the district. 

Limited Directory Information Disclosure

The District’s annual written notice to parents of students in attendance and eligible students will explain that the District’s disclosure of directory information will be limited to specific parties and specific purposes only. 

The primary purpose for disclosing directory information without obtaining individual consent at the time of each disclosure is to allow the District to include information from education records in certain school publications, such as the yearbook, honor roll and other recognition lists, graduation programs, sports activity sheets, and playbills showing students’ roles in drama productions in a timely manner and without the necessity for requesting consent in situations in which it is expected that there would be no significant concern about invasion of privacy or any danger or harm from the disclosure.  Unless the parent/eligible student opts out, the District will make the disclosure without obtaining consent.  The District may also disclose directory information to outside organizations/parties without a parent’s/eligible student’s prior written consent but only for school-related activities or purposes.  Examples of such outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.

The District shall not disclose directory information in any situation when a risk to student safety, risk of identity theft, or other harm to student(s) is reasonably perceived.

 

Military Recruiter and Institutions of Higher Education Access

The release of student directory information is not to be confused with the release of names, addresses and telephone listings of eligible students to Military Recruiters and Institutions of Higher Education in accordance with federal laws (See Policy #7243 Military Recruiters and Institutions of Higher Education). In compliance with the Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act (ESSA) of 2015, the School District  will comply with the request by a military recruiter or an institution of higher education for this information unless a parent or eligible student has "opted out" of providing such information.

 

 Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) 1232(g)
34 Code of Federal Regulations (CFR) Part 99
Elementary and Secondary Education Act of 1965, 20 United States Code (USC) Section 7908 as amended by the Every Student Succeeds Act (ESSA) of 2015
 

 

Adopted: 6/12/2007
Amended: 5/26/2009; 8/19/2015; 7/10/2018

Policy References

Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) 1232(g)
34 Code of Federal Regulations (CFR) Part 99

7000 - STUDENTS

7243 MILITARY RECRUITERS AND INSTITUTIONS OF HIGHER EDUCATION

Last Updated Date: 07/10/2018

Adoption Date: 6/12/2007

Requests for Information 

The District will comply with requests from military recruiters and institutions of higher education (IHEs) for access to the name, address and telephone listing of each secondary school student, except for any student whose parent (or the student, if he or she is at least 18 years of age) has submitted a written request to opt out of this disclosure, in which case the information will not be released without the parent's (or student's, if he or she is at least 18 years of age) prior written consent. 

Annual Notification and Opt Out Opportunity 

The District will annually notify parents of a secondary student (or the student, if he or she is at least 18 years of age) of the opportunity to submit a written request to opt out of disclosure of the student's name, address, and telephone listing to military recruiters and IHEs. If a written opt out request is submitted, the District will not disclose the student's information to military recruiters or IHEs without the parent's (or student's, if he or she is at least 18 years of age) prior written consent. 

Military Recruiter Access 

The District will provide military recruiters the same access to secondary school students as is provided generally to IHEs or prospective employers of those students. 

Parent/Student Action Required Under this Policy

PARENTS, GUARDIANS AND/OR STUDENTS EIGHTEEN (18) YEARS OR OLDER WHO DO NOT WISH THEIR DIRECTORY INFORMATION TO BE RELEASED TO MILITARY RECRUITERS OR IHEs ARE REQUIRED UNDER APPLICABLE FEDERAL LAW TO PROVIDE TO THE DISTRICT EACH YEAR A LETTER STATING THAT THEY DO NOT WANT THE DIRECTORY INFORMATION RELEASED.

Applicable federal law states that the failure by a parent, guardian and/or student eighteen (18) years or older to provide the District with a letter stating that they do not want their directory information released for that year is deemed to be consent by default to the release of such information by the District. 

 

Elementary and Secondary Education Act of 1965, 20 United States Code (USC) Section 7908 as amended by the Every Student Succeeds Act (ESSA) of 2015
10 United States Code (USC) Section 503
34 Code of Federal Regulations (CFR) Section 300.571
Education Law Section 2-a

Adopted:  6/12/2007
Amended: 9/17/2008; 7/10/2018

Policy References

Elementary and Secondary Education Act of 1965,
Section 9528
20 United States Code (USC) Section 7908
as amended by the No Child Left Behind Act of 2001
Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) Section 1232(g)
National Defense Authorization Act Section 544
10 United States Code (USC) Section 503
34 Code of Federal Regulations (CFR) Section 300.571
Education Law Section 2-a
8 New York Code of Rules and Regulations (NYCRR)
Section 3.33

7000 - STUDENTS

7244 STUDENT DATA BREACHES

Last Updated Date: 11/6/2013

Adoption Date: 11/5/2013

Policies #5672 -- Information Security Breach and Notification

         #7240 -- Student Records: Access and Challenge

A student data breach is defined as any instance in which there is an unauthorized release of or access to personally identifiable information (PII) or other protected information of students not suitable for public release.

School districts have a legal responsibility to protect the privacy of education data, including personally identifiable information (PII) of its students. The Family Education Rights and Privacy Act of 1974, commonly known as FERPA, protects the privacy of student education records.Although FERPA does not include specific data breach notification requirements, it does protect the confidentiality of education records and requires districts to record each incident of data disclosure in accordance with 34 CFR 99.32 (a)(1). In addition, under state law, direct notification of parents and/or affected students may be warranted depending on the type of data compromised, such as student social security numbers and/or other identifying information that could lead to identity theft.

The District has implemented privacy and security measures designed to protect student data stored in its student data management systems. These measures include reviewing information systems and data to indentify where personally identifiable information is stored and used; monitoring data systems to detect potential breaches; and conducting privacy and security awareness training for appropriate staff. In the event of an alleged breach, the District will promptly take steps to validate the breach, mitigate any loss or damage, and notify law enforcement if necessary.

The Superintendent will develop and implement regulations for prevention, response and notification regarding student data breaches.

Policy References

34 CFR 99.32 (a)(1)
Technology Law Sections 202 and 208

7000 - STUDENTS

7250 STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS

Last Updated Date: 4/30/2010

Adoption Date: 6/12/2007

Refer also to Policies #7121 -- Diagnostic Screening of Students

#7243 -- Release of Directory Information and Military

Recruiters/Access to Secondary School Students

#7511 -- Immunization of Students

#7512 -- Student Physicals

#7513 -- Administration of Medication

The Protection of Pupil Rights Amendment (PPRA) governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:

a) Political affiliations or beliefs of the student or the student's parent/guardian;

b) Mental or psychological problems of the student or the student's family;

c) Sex behavior or attitudes;

d) Illegal, anti-social, self-incriminating, or demeaning behavior;

e) Critical appraisals of other individuals with whom respondents have close family relationships;

f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

g) Religious practices, affiliations, or beliefs of the student or student's parent/guardian; or

h) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors.

General Provisions

The requirements of PPRA do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). Further, PPRA does not supersede any of the requirements of the Family Educational Rights and Privacy Act (FERPA).

The rights provided to parents/guardians under PPRA transfer from the parent/guardian to the student when the student turns eighteen (18) years old or is an emancipated minor under applicable State law.

The School District may use funds provided under Part A of Title V of the Elementary and Secondary Education Act of 1965 to enhance parental/guardian involvement in areas affecting the inschool privacy of students.

Annual Parental Notification of Policies/"Opt Out" Provisions

The School District shall provide for reasonable notice of the adoption or continued use of this policy directly to the parents/guardians of students enrolled in the District. At a minimum, the District shall provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy.

Further, in the notification, the District shall offer an opportunity for parents/guardians to opt their child out of participation in the following activities:

a) The administration of any survey containing one or more of the eight protected areas.

U.S. Department of Education-Funded Surveys: Prior written consent from parents must be obtained before students are required to submit to the survey.

Surveys funded by sources other than U.S. Department of Education: Notification may indicate the specific or approximate dates during the school year when surveys will be administered and provide an opportunity for the parent to opt his/her child out of participating upon receipt of the notification.

b) Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise
providing that information to others for that purpose).

c) Any non-emergency, invasive physical examination or screening that is required as a condition of attendance; administered by the school and scheduled by the school in
advance; and not necessary to protect the immediate health and safety of the student, or of other students. The term "invasive physical examination" means any medical examination
that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing,
vision or scoliosis screening.

Specific Notification

In the event that the District does not identify the specific or approximate dates of the activities or surveys to be administered in the general annual notification, it shall "directly" notify, such as through U.S. Mail or e-mail, the parents of students who are scheduled to participate in the specific activities or surveys prior to participation and provide an opportunity for the parent to opt his/her child out of participation.

U.S. Department of Education-Funded Surveys

In compliance with the Protection of Pupil Rights Amendment (PPRA), the School District is committed to protecting the rights and privacy interests of parents/guardians and students with regard to surveys funded in whole or part by any program administered by the U.S. Department of Education (DOE).

The District shall make instructional materials available for inspection by parents/guardians if those materials will be used in connection with a DOE-funded survey, analysis, or evaluation in which their children participate. In addition, the School District shall obtain prior written parental/guardian consent before minor students are required to participate in any DOE-funded
survey, analysis, or evaluation that reveals information concerning any of the eight protected areas.

Surveys Funded by Sources Other than U.S. Department of Education

The School District has developed and adopted this Board policy, in consultation with parents/guardians, regarding the following:

a) The right of the parent/person in parental relation to inspect, upon request, a survey created by a third party (i.e., by a party other than the DOE) before the survey is administered or distributed by the school to a student. Requests by parents/guardians to inspect such surveys are to be submitted, in writing, to the Building Principal at least ten (10) days prior
to the administration or distribution of any survey. Further, the District shall grant a request by the parent/guardian for reasonable access to such survey within a reasonable period of
time after the request is received by the District.

b) Arrangements shall be provided by the District to protect student privacy in the event of the administration or distribution of a survey to a student containing one or more of the eight protected areas, including the right of the parent/guardian of the student to inspect, upon request, any survey containing one or more of the eight protected areas. Such requests
must be submitted by the parent/guardian, in writing, to the Building Principal at least 7 - 14 days prior to the administration or distribution of any survey.

c) Parents/guardians shall be granted, upon request, reasonable access and the right to inspect instructional materials used as part of the educational curriculum for the student within a reasonable period of time (defined by the School District, for the purposes of this policy, as 30 days) after such request is received by the District. Requests shall be submitted by
parents/guardians, in writing, to the Building Principal. The term "instructional material" means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audiovisual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.

d) The administration of physical examinations or screenings that the School District may administer to a student.

Further, this law does not apply to any physical examination or screening that is permitted or required by State law, including physical examinations or screenings that are permitted
without parental notification.

In the implementation of this provision regarding the administration of physical examinations or screenings that the school may administer to the student, the School District incorporates by reference Board policies that address student health services, as applicable, including but not limited to policies regarding the administration of medication,
immunization of students, and student physicals.

e) Unless mandated/authorized in accordance with Federal or State law and/or regulation, it is policy of the Board of Education, to not permit the collection, disclosure, or use of
personal information (the term "personal information" is defined as individually identifiable information including a student's or parent/guardian's first and last name; home
address; telephone number; or Social Security number) collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose), unless otherwise exempted pursuant to law as noted Questions regarding the collection, disclosure, or use of personal information collected from students for such marketing purposes may be referred to the school attorney as deemed necessary by the Superintendent/designee.

This law is not intended to preempt applicable provisions of State law that require parental/guardian notification.

These requirements do not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:

a) College or other postsecondary education recruitment, or *military recruitment;

*Military recruiter access to student information is governed by the Family Educational Rights and Privacy Act of 1974 (FERPA) and the National Defense Authorization Act for
Fiscal Year 2002.

b) Book clubs, magazines, and programs providing access to low-cost literary products;

c) Curriculum and instructional materials used by elementary schools and secondary schools;

d) Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from
such tests and assessments;

e) The sale by students of products or services to raise funds for school-related or education-related activities;

f) Student recognition programs.

Policy References

Family Educational Rights and Privacy Act of 1974, as amended by the No Child Left Behind Act of 2001
20 United States Code (USC) Sections 1232h(b) and1232h(c)
34 Code of Federal Regulations (CFR) Part 98

7000 - STUDENTS

7260 DESIGNATION OF PERSON IN PARENTAL RELATION

Last Updated Date: 11/27/2018

Adoption Date: 06/12/2007

In accordance with General Obligations Law Title 15-A, a parent of a minor or incapacitated
person may designate another person as a person in parental relation to such minor or incapacitated person for certain health care and educational decisions for a period not exceeding twelve (12) months.

However, such parental designation is conditioned upon there being no prior order of any court in any jurisdiction currently in effect that would prohibit the parent from himself/herself exercising the same or similar authority; and provided further that, in the case where a court has ordered that both parents must agree on education or health decisions regarding the child, a designation pursuant to this law shall not be valid unless both parents have given their consent.

The designation of a person in parental relation must be in writing in the form prescribed by
General Obligations Law Title 15-A, and shall include specified information as enumerated in law for designations of thirty (30) days or less, as well as additional information required for designations of more than thirty (30) days. The designation of a person in parental relation may be presented to any school that requires such designation by either the parent or designee. The designation may specify a period of time less than twelve (12) months for which such designation shall be valid unless earlier revoked by the parent in accordance with law. However, a designation specifying a period of more than thirty (30) days shall be notarized.

If no time period is specified in the designation, it will be valid until the earlier of
a)revocation; or
b) The expiration of thirty (30) days from the date of signature if the designation does not
meet the requirements for designations of more than thirty (30) days, or
c) Twelve (12) months from the date of commencement specified in the designation if the
designation meets the requirements for designations of more than thirty (30) days.

Scope of Designation

A designation made pursuant to this law may specify:

1. The treatment, diagnosis or activities for which consent is authorized;
2. Any treatment, diagnosis or activity for which consent is not authorized; or
3. Any other limitation on the duties and responsibilities conveyed by the designation.

Form of Designation

 

Designations in General

 

A designation of a person in parental relation in accordance with this law must be in writing and include:

a) The name of the parent;
b) The name of the designee;
c) The name of each minor or incapacitated person with respect to whom the designation is made;
d) The parent's signature; and
e) The date of the signature.

 

The designation may specify a period of time less than twelve (12) months for which the designation will be valid unless earlier revoked by the parent in accordance with Section 5-1554 of General Obligations Law. However, any designation specifying a period of more than 30 days must also conform to the following provisions as set forth in law.

 

Designations for More Than 30 Days

 

A designation specifying a period of more than 30 days must also include:

 a) An address and telephone number where the parent can be reached;

 b) An address and telephone number where the designee can be reached;

 c) The date of birth of each minor or incapacitated person with respect to whom the designation is made;

 d) The date or contingent event on which the designation commences;

 e) The written consent of the designee to the designation; and

 f) A statement that there is no prior order of any court in any jurisdiction currently in effect prohibiting the parent from making the designation.

 

A designation specifying a period of more than 30 days must be notarized.

Revocation of Designation

A parent may revoke a designation by notifying, either orally or in writing, the designee or a
school to which the designation has been presented, or by any other act evidencing a specific intent to revoke the designation. A designation shall also be revoked upon the execution by the parent of a subsequent designation. Revocation by one parent authorized to execute such a designation shall be deemed effective and complete revocation of a designation pursuant to law.

A designee who receives notification from a parent of any such revocation shall immediately
notify any school to which a designation has been presented. A parent may directly notify any such school of the revocation, in which case the failure of the designee to notify the school of such revocation shall not make revocation ineffective.

Effect of Designation

1.A designee shall possess all the powers and duties of a person in parental relation pursuant to Public Health Law Sections 2164 and 2504 and Education Law Sections 2 and 3212, unless otherwise specified in the designation.
2. A designation shall not impose upon a designee a duty to support pursuant to Family Court Act Section 413.
3. A designation shall not cause a change in the school district of residence of the child for purposes of the Education Law, and during the period of validity of the designation, the child shall be presumed to be a resident of the school district in which the parent resided at the time the designation was made.
4. A designation shall terminate and be revoked upon the death or incapacity of the parent who signed the designation.
5. The decision of a designee shall be superseded by a contravening decision of a parent.

A person who acts based upon the consent of a designee reasonably and in the good faith belief
that the parent has in fact authorized the designee to provide such consent may not be deemed to have acted negligently, unreasonably or improperly in accepting the designation and acting upon such consent. However, any such person may be deemed to have acted negligently, unreasonably or improperly if he/she has knowledge of facts indicating that the designation was never given, or did not extend to an act or acts in question, or was revoked.

No provision of Title 15-A of the General Obligations Law shall be construed to require
designation of a person in parental relation as provided within the statute where such designation is not otherwise required by law, rule or regulation.

Policy References

General Obligations Law Title 15-A
Education Law Sections 2 and 3212
Public Health Law Sections 2164 and 2504
Family Court Act Section 413

7000 - STUDENTS

7270 RIGHTS OF NON CUSTODIAL PARENTS

Policy 7130 - Entitlement to Attend: Age and Residency

Policy 7240 - Student Records: Access and Challenge

The Board is mindful that various arrangements exist for the care and custody of children residing in the District. The District attempts to maintain current family information to help ensure student safety, proper communication with parents, and appropriate educational programming. Parents who are divorced, legally separated, or otherwise live apart should supply the District with relevant information and documentation, including custody orders, regarding who is responsible for the custody and care of their child, and who is permitted to make educational decisions for that child.

A non-custodial parent's participation in his or her child's education will be governed by the terms of any custody order. As a general matter, however, the District encourages non-custodial parents to participate in their child's education. Unless prohibited from doing so by a court order, non-custodial parents may request information about their child, inspect and review their child's records in accordance with the Family Educational Rights and Privacy Act (FERPA) and District policy, and otherwise remain interested in their child's education.

The District will not release students to a non-custodial parent without the custodial parent's consent. It is the parent's responsibility to inform the District if and when the child may be released to individuals other than the custodial parent in a form acceptable to the District.

Policy References

7000 - STUDENTS

7310 SCHOOL CONDUCT AND DISCIPLINE

District Code of Conduct on School Property

The Board of Education acknowledges its responsibility to protect the educational climate of the
District and to promote responsible student behavior. Accordingly, the Board delegates to the
Superintendent the responsibility for assuring the implementation of a Code of Conduct for the
Maintenance of Order on School Property, including school functions, which shall govern the conduct of students as well as teachers, other school personnel, and visitors.

School property shall mean in or within any building, structure, athletic playing field,
playground, parking lot or land contained within the real property boundary line of a public
elementary or secondary school; or in or on a school bus as defined in Vehicle and Traffic Law
Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular
event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state and/or another country.

The Board shall further provide for the enforcement of such Code of Conduct, which shall be
developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other personnel and shall incorporate, at a minimum, those components addressed in law and enumerated in Policy #3410 -- Code of Conduct on School Property. Specific components may vary as appropriate to student age, building levels, and educational needs.

In accordance with the Code of Conduct on School Property, areas addressing student conduct
and behavior will further utilize the following strategies in promoting acceptable student behavior:

a) A bill of rights and responsibilities of students that focuses upon positive student behavior,
and is publicized and explained to all students on an annual basis;

b) A Code of Conduct for student behavior setting forth prohibited student conduct and the
range of penalties that may be imposed for violation of such Code, that is publicized and
disseminated to all students and parents/guardians on an annual basis pursuant to law;

c) Strategies and procedures for the maintenance and enforcement of public order on school
property that shall govern the conduct of all persons on school premises, in accordance
with Section 2801 of the Education Law and accepted principles of due process of law;

d) Procedures within each building to involve student service personnel, administrators,
teachers, parents/guardians and students in the early identification and resolution of
discipline problems. For students identified as having disabilities, procedures are included
for determining when a student's conduct shall constitute a reason for referral to the
Committee on Special Education for review and modification, if appropriate, of the
student's individualized education program;

e) Alternative educational programs appropriate to individual student needs;

f) Disciplinary measures for violation of the school policies developed in accordance with
subparagraphs b) and c) of this paragraph. Such measures shall be appropriate to the
seriousness of the offense and, where applicable, to the previous disciplinary record of the
Any suspension from attendance upon instruction may be imposed only in
accordance with Section 3214 of the Education Law; and

g) Guidelines and programs for in-service education for all District staff to ensure effective
implementation of school policy on school conduct and discipline.

Policy References

Education Law Sections 2801 and 3214
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2(l)(2)

7000 - STUDENTS

7311 LOSS OR DESTRUCTION OF DISTRICT PROPERTY OR RESOURCES

The District is authorized to seek restitution, through civil action when necessary, from the parent or guardian of an unemancipated student over the age of ten (10) and under the age of eighteen (18) where such student:

a) Has willfully, maliciously, or unlawfully damaged, defaced or destroyed real or personal property in the care, custody and/or ownership of the District; or

b) Has knowingly entered or remained in a District building, and wrongfully taken, obtained or withheld personal property owned or maintained by the District.

In instances where the District has sought and obtained a judgment from a court of competent jurisdiction, parent/guardian liability for civil damages shall not exceed five thousand dollars ($5,000).  Under certain circumstances, prior to the entering of a judgment in the sum total of five hundred dollars ($500) or more, a court may consider the parent's or guardian's financial inability to pay any portion or all of the amount of damages which are in excess of five hundred dollars ($500), and enter a judgment in an amount within the financial capacity of the parent or guardian.  However, no such judgment shall be entered for an amount which is less than five hundred dollars ($500).

False Reporting of an Incident and/or Placing a False Bomb

A School District is also authorized to seek restitution, as described in law, from a parent or guardian of an unemancipated student over the age of ten (10) and under the age of eighteen (18) where such student:

a) Has falsely reported an incident; or

b) Has placed a false bomb as defined in the New York State Penal Law.

Damages for falsely reporting an incident or placing a false bomb shall mean the funds reasonably expended by the School District in responding to such false report of an incident or false bomb, less the amount of any funds which have been or will be recovered from any other source as enumerated in law.

In seeking restitution, the School District shall file with the court, the County District Attorney and defense counsel an affidavit stating that the funds reasonably expended for which restitution is being sought have not been and will not be recovered from any other source or in any other civil or criminal proceeding, except as provided for pursuant to General Obligations Law Section 3-112.

 

Policy References

General Obligations Law Section 3-112
Penal Law Sections 60.27, 240.50, 240.55, 240.60 and
240.61

7000 - STUDENTS

7312 STUDENT DRESS CODE

Refer also to District Code of Conduct on School Property

Student dress and appearance must be in accordance with the District Code of Conduct. The administration is authorized to take action in instances where individual dress does not meet these stated requirements.

While the school administration may require students participating in physical education classes to wear certain types of clothing such as sneakers, socks, shorts, and tee shirts, they may not prescribe a specific brand which students must wear.

This policy does not mean that student, faculty, or parent groups may not recommend appropriate dress for school or special occasions. It means that a student shall not be prevented from attending school or a school function, or otherwise be discriminated against, so long as his/her dress and appearance meet the above requirements. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state and/or another country.

Policy References

Education Law Section 2801(1) --
definition of school function

7000 - STUDENTS

7313 SUSPENSION OF STUDENTS

Last Updated Date: 02/27/2018

Refer also to Policy #7360 - Weapons in School and the Gun-Free Schools Act

The Superintendent and/or the Principal may suspend the following students from required
attendance upon instruction:

a) A student who is insubordinate or disorderly; or

b) A student who is violent or disruptive; or

c) A student whose conduct otherwise endangers the safety, morals, health or welfare of

 

Suspension

Five (5) School Days or Less

The Superintendent or the principal of the school where the student attends shall have the power to suspend a student for a period not to exceed five (5) school days. In the absence of the Principal, the designated Acting Principal may then suspend a student for a period of five (5) school days or less.

When the Superintendent or the principal (the 'suspending authority') proposes to suspend a student for five (5) school days or less, the suspending authority must provide the student with notice of the charged misconduct. If the student denies the misconduct, the suspending authority will provide an explanation of the basis for the suspension.

When suspension of a student for a period of five (5) school days or less is proposed, the Superintendent or principal will also immediately notify the parent or person in parental relation in writing that the student may be suspended from school.

Written notice will be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within twenty-four (24) hours of the decision to propose suspension at the last known address or addresses of the parents/persons in parental relation.  Where possible, notification will also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents or persons in parental relation.

The notice will provide a description of the incident(s) for which suspension is proposed and will inform the student and the parent or person in parental relation of their right to request an immediate informal conference with the Principal in accordance with the provisions of Education Law Section 3214(3)(b). Both the notice and the informal conference will be in the dominant language or mode of communication used by the parents or persons in parental relation. At the informal conference, the student or parent or person in parental relation will have the opportunity to present the student's version of the event(s) and to ask questions of the complaining witnesses.

The notice and opportunity for informal conference will take place prior to suspension of the student unless the student's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for an informal conference will take place as soon after the suspension as is reasonably practical.

Teachers will immediately report or refer a violent student to the principal or Superintendent for a violation of the District's Code of Conduct and a minimum suspension period.

More Than Five (5) School Days

In situations where the Superintendent determines that a suspension in excess of five (5) school days may be warranted, the student and parent or person in parental relation, upon reasonable notice, will have an opportunity for a fair hearing. At the hearing, the student has protected due process rights such as the right to be represented by counsel, with the right to question witnesses against him or her, and the right to present witnesses and other evidence on his or her behalf.

Where the basis for the suspension is, in whole or in part, the possession on school grounds or school property by the student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the weapons, instruments or appliances specified in Penal Law Section 265.01, the hearing officer or Superintendent shall not be barred from considering the admissibility of such weapon, instrument or appliance as evidence, notwithstanding a determination by a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon, instrument or appliance was the result of an unlawful search or seizure.

Minimum Periods of Suspension

Pursuant to law, Commissioner's regulations and the District's Code of Conduct, minimum periods of suspension will be provided for the following prohibited conduct, subject to the requirements of federal and state law and regulations:

a) Consistent with the federal Gun-Free Schools Act, any student who is determined to have brought a firearm to school or possessed a firearm on school premises will be suspended for a period of not less than one (1) calendar year. However, the Superintendent has the authority to modify this suspension requirement on a case-by-case basis.

b) A minimum suspension period for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom, provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law. The definition of 'repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority' is set forth in Commissioner’s regulations.

c) A minimum suspension period for acts that would qualify the student to be defined as a violent student pursuant to Education Law Section 3214(2-a)(a), provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law.

Suspension of Students with Disabilities

Generally, disciplinary action against a student with a disability or presumed to have a disability will be in accordance with procedures set forth in the District's Code of Conduct and in conjunction with applicable law, and the determination of the Committee on Special Education (CSE).

For suspensions or removals up to ten (10) school days in a school year that do not constitute a disciplinary change in placement, students with disabilities must be provided with alternative instruction or services on the same basis as non-disabled students of the same age.

If suspension or removal from the current educational placement constitutes a disciplinary change in placement because it is for more than ten (10) consecutive school days or is a pattern of removals which constitutes a change of placement, a manifestation determination must be made. The District determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.

Manifestation Determinations

A review of the relationship between the student's disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the disability must be made by a manifestation team immediately, if possible, but in no case later than ten (10) school days after a decision is made:

a) By the Superintendent to change the placement to an interim alternative educational setting (IAES);

b) By an Impartial Hearing Officer (IHO) to place the student in an IAES; or

c) By the Board, District Superintendent, Superintendent or building principal to impose a suspension that constitutes a disciplinary change of placement.

The manifestation team will include a representative of the District knowledgeable about the student and the interpretation of information about child behavior, the parent and relevant members of the CSE as determined by the parent and the District. The parent must receive written notice prior to the meeting to ensure that the parent has an opportunity to attend. This notice must include the purpose of the meeting, the names of those expected to attend and notice of the parent's right to have relevant members of the CSE participate at the parent's request.

The manifestation team will review all relevant information in the student's file including the student's individualized education program (IEP), any teacher observations, and any relevant information provided by the parents to determine if: the conduct in question was caused by or had a direct and substantial relationship to the student's disability; or the conduct in question was the direct result of the District's failure to implement the IEP. If the team determines the conduct in question was the direct result of failure to implement the IEP, the District must take immediate steps to remedy those deficiencies.

Finding of Manifestation

If it is determined, as a result of this review, that the student's behavior is a manifestation of his or her disability the CSE will conduct a functional behavioral assessment, if one has not yet been conducted, and implement or modify a behavioral intervention plan.

Functional behavioral assessment (FBA) is the process of determining why the student engages in behaviors that impede learning and how the student's behavior relates to the environment.  A FBA must be developed consistent with the requirements of Commissioner's Regulations Section 200.22(a) and will include, but not be limited to, the identification of the problem behavior, the definition of the behavior in concrete terms, the identification of the contextual factors that contribute to the behavior (including cognitive and affective factors) and the formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it.

Behavioral intervention plan (BIP) is a plan that is based on the results of a functional behavioral assessment and, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs and intervention strategies that include positive behavioral supports and services to address the behavior.

Unless the change in placement was due to behavior involving serious bodily injury, weapons, illegal drugs or controlled substances, the student must be returned to the placement from which the student was removed unless the parent and the District agree to a change of placement as part of the modification of the behavioral intervention plan.

No Finding of Manifestation

If it is determined that the student's behavior is not a manifestation of his or her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner and for the same duration for which they would be applied to students without disabilities, subject to the right of the parent or person in parental relation to request a hearing objecting to the manifestation determination and the District's obligation to provide a free, appropriate public education to such student.

Provision of Services Regardless of the Manifestation Determination

Regardless of the manifestation determination, students with a disability will be provided the services necessary for them to continue to participate in the general education curriculum and progress toward meeting the goals set out in their IEP as delineated below. 

1) During suspensions or removals for periods of up to ten (10) school days in a school year that do not constitute a disciplinary change in placement, students with disabilities of compulsory attendance age will be provided with alternative instruction on the same basis as nondisabled students. Students with disabilities who are not of compulsory attendance age will be entitled to receive services during suspensions only to the extent that services are provided to nondisabled students of the same age who have been similarly suspended.

2)      During subsequent suspensions or removals for periods of ten (10) consecutive school days or less that in the aggregate total more than ten (10) school days in a school year but do not constitute a disciplinary change in placement, students with disabilities will 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 (1) of the student's teachers, will 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. 

3)     During suspensions or other disciplinary removals, for periods in excess of ten (10) school days in a school year which constitute a disciplinary change in placement, students with disabilities will be provided with services necessary to enable the student to continue to participate in the general education curriculum, to progress toward meeting the goals set out in the student's IEP, and to receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications that are designed to address the behavior violation so it does not recur. The IAES and services shall be determined by the CSE.

 Interim Alternative Educational Setting (IAES)

Students with disabilities who have been suspended or removed from their current placement for more than ten (10) school days may be placed in an IAES which is a temporary educational setting other than the student's current placement at the time the behavior precipitating the IAES placement occurred.

Additionally, an Impartial Hearing Officer in an expedited due process hearing may order a change in placement of a student with a disability to an appropriate IAES for up to forty-five (45) school days if the Hearing Officer determines that maintaining the current placement is substantially likely to result in injury to the students or others.

There are three (3) specific instances when a student with a disability may be placed in an IAES for up to forty-five (45) school days without regard to a manifestation determination:

a) Where the student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the District; or

b) Where a student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of the District; or

c) Where a student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the Serious bodily harm has been defined in law to refer to one of the following:

1.  Substantial risk of death;
2. Extreme physical pain; or
3. Protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

A school function means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place in another state.

School premises 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.

School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a student with a disability who violates a code of student conduct.

In all cases, the student placed in an IAES will:

a) Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress towards the goals set out in the student's IEP, and

b) Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.

The period of suspension or removal may not exceed the amount of time a non-disabled student would be suspended for the same behavior.

Suspension From BOCES

The BOCES principal may suspend District students from BOCES classes for a period not to exceed five (5) school days when student behavior warrants such action.

In-School Suspension

In-school suspension will be used as a lesser discipline to avoid an out-of-school suspension. The student will be considered present for attendance purposes. The program is used to keep each student current with his or her class work while attempting to reinforce acceptable behavior, attitudes and personal interaction.

BOCES Activities

BOCES activities, such as field trips and other activities outside the building itself, are considered an extension of the school program. Therefore, an infraction handled at BOCES is to be considered as an act within the School District itself.

A student who is ineligible to attend a District school on a given day may also be ineligible to attend BOCES classes. The decision rests with the Superintendent or his or her designee.

Exhaustion of Administrative Remedies

If a parent or person in parental relation wishes to appeal the decision of the building principal or Superintendent to suspend a student from school, regardless of the length of the student's suspension, the parent or person in parental relation must appeal to the Board before commencing an appeal to the Commissioner of Education.  Any appeal to the Board must be commenced within 30 days from the date of the Superintendent's decision. To be timely, the appeal must be received by the District Clerk within this 30-day period.

Procedure After Suspension

When a student has been suspended and is of compulsory attendance age, immediate steps will be taken to provide alternative instruction which is of an equivalent nature to that provided in the student's regularly scheduled classes.

When a student has been suspended, the suspension may be revoked by the Board whenever it appears to be for the best interest of the school and the student to do so.

The Board may also condition a student's early return to school and suspension revocation on the student's voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where applicable. 

 

Policy References

Individuals with Disabilities Education Improvement
Act of 2004 [Public Law 108-446 Section 615(k)(l)]
18 United States Code (USC) Section 921
Individuals with Disabilities Education Act (IDEA), 20
United States Code (USC) Section 1400 et seq.
20 United States Code (USC) Section 7151, as
reauthorized by the No Child Left Behind Act of 2001
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 310, 2801(1), 3214 and 4402
Penal Law Section 265.01
8 New York Code of Rules and Regulations (NYCRR)
Sections 100.2(l)(2), 200.4(d)(3)(i), 200.22, 275.16 and Part 201

7000 - STUDENTS

7314 STUDENTS PRESUMED TO HAVE A DISABILITY FOR DISCIPLINE PURPOSES

Refer also to Policy #7313 -- Suspension of Students

The parent of a student who has violated any rule or code of conduct of the School District and
who was not identified as a student with a disability at the time of such behavior may assert several protections provided for under the Individuals with Disabilities Education Act (IDEA) and State regulations if the School District is deemed to have had knowledge (as determined in accordance with law and/or regulations and referenced below) that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

Basis of Knowledge

The School District shall be deemed to have knowledge that the student had a disability if prior
to the time the behavior occurred:

a) The parent of the student has expressed concern in writing to supervisory or administrative
personnel, or to a teacher of the student, that the student is in need of special education and
related services. However, expressions of concern may be oral if the parent does not know
how to write or has a disability that prevents a written statement;

b) The parent of the student has requested an evaluation of the student; or

c) A teacher of the student, or other District personnel, has expressed specific concerns about
a pattern of behavior demonstrated by the student, directly to the Director for Pupil
Personnel Services or to other supervisory personnel in accordance with the District's
established child find or special education referral system.

Exception

A student is not a student presumed to have a disability for discipline purposes if, as a result of
receiving the information specified above (i.e., subheading 'Basis of Knowledge'):

a) The parent of the student has not allowed an evaluation of the student pursuant to law
and/or regulations;

b) The parent of the student has refused services under law and/or regulations; or

c) The student has been evaluated and it was determined that the student is not a student with
a disability.

Responsibility for Determining Whether a Student is a Student Presumed to Have a Disability

If it is claimed by the parent of the student or by School District personnel that the District had a basis for knowledge, in accordance with law and/or regulation, that the student was a student with a disability prior to the time the behavior subject to disciplinary action occurred, it shall be the responsibility of the Superintendent 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.

Conditions That Apply if There is No Basis of Knowledge

If it is determined that there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other nondisabled student who engaged in comparable behaviors.

However, if a request for an individual evaluation is made during the time period in which such nondisabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted in accordance with law and/or regulations. Pending the results of the evaluation, the student shall remain in the educational placement determined by school authorities.

If the student is determined to be a student with a disability, taking into consideration information from the evaluation and information provided by the parents, the District shall provide special education and related services in accordance with law and/or regulations.

 

Policy References

Individuals with Disabilities Education Improvement Act of
2004 [Public Law 108-446, Section 615(k)(5)]
Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
8 New York Code of Rules and Regulations (NYCRR)
Section 201.5

7000 - STUDENTS

7315 ACCEPTABLE USE POLICY

Last Updated Date: 02/28/2023

Policy Purpose

Appropriate organizational use of information and information technology (“IT”) resources and effective security of those resources require the participation and support of the organization’s workforce (“users”). Inappropriate use exposes the organization to potential risks including virus attacks, compromise of network systems and services, and legal issues.

 

Policy Scope

This policy applies to users of any system’s information or physical infrastructure regardless of its form or format, created or used to support the organization. It is the user’s responsibility to read and understand this policy and to conduct their activities in accordance with its terms. In addition, users must read and understand the organization’s Information Security Policy and its associated standards.

 

Policy Statement

Except for any privilege or confidentiality recognized by law, individuals have no legitimate expectation of privacy during any use of the organization's IT resources or in any data on those resources. Any use may be monitored, intercepted, recorded, read, copied, accessed, or captured in any manner including in real time, and used or disclosed in any manner, by authorized personnel without additional prior notice to individuals. Periodic monitoring will be conducted of systems used, including but not limited to:  all computer files; and all forms of electronic communication (including email, text messaging, instant messaging, telephones, computer systems and other electronic records). In addition to the notice provided in this policy, users may also be notified with a warning banner text at system entry points where users initially sign on about being monitored and may be reminded that unauthorized use of the organization’s IT resources is not permissible.

The organization may impose restrictions, at the discretion of their executive management, on the use of a particular IT resource. For example, the organization may block access to certain websites or services not serving legitimate business purposes or may restrict user ability to attach devices to the organization’s IT resources (e.g., personal USB drives, iPods). Users accessing the organization’s applications and IT resources through personal devices must only do so with prior approval or authorization from the organization. 

1.0 Acceptable Use

All uses of information and information technology resources must comply with organizational policies, standards, procedures, and guidelines, as well as any applicable license agreements and laws including Federal, State, local and intellectual property laws.

Consistent with the foregoing, the acceptable use of information and IT resources encompasses the following duties:

• Understanding the baseline information security controls necessary to protect the confidentiality, integrity, and availability of information;

• Protecting organizational information and resources from unauthorized use or disclosure;
• Protecting personal, private, sensitive, or confidential information from unauthorized use or disclosure;

• Observing authorized levels of access and utilizing only approved IT technology devices or services; and
• Immediately reporting suspected information security incidents or weaknesses to the appropriate manager and the Information Security Officer (ISO)/designated security representative.

1.1       Unacceptable Use

The following list is not intended to be exhaustive, but is an attempt to provide a framework for activities that constitute unacceptable use. Users, however, may be exempted from one or more of these restrictions during their authorized job responsibilities, after approval from organizational management, in consultation with organization IT staff (e.g., storage of objectionable material in the context of a disciplinary matter).

Unacceptable use includes, but is not limited to, the following:

• Unauthorized use or disclosure of personal, private, sensitive, and/or confidential information;
• Unauthorized use or disclosure of organization information and resources;

1.2       Occasional and Incidental Personal Use

Occasional, incidental, and necessary personal use of IT resources is permitted, provided such use is otherwise consistent with this policy; is limited in amount and duration; and does not impede the ability of the individual or other users to fulfill the organization’s responsibilities and duties, including but not limited to, extensive bandwidth, resource, or storage utilization. Exercising good judgment regarding occasional and incidental personal use is important.  Organizations may revoke or limit this privilege at any time. 

1.3       Individual Accountability

Individual accountability is required when accessing all IT resources and organization information.  Everyone is responsible for protecting against unauthorized activities performed under their user ID.  This includes locking your computer screen when you walk away from your system, and protecting your credentials (e.g., passwords, tokens or similar technology) from unauthorized disclosure.  Credentials must be treated as confidential information, and must not be disclosed or shared.

1.4       Restrictions on Off-Site Transmission and Storage of Information

Users must not transmit restricted organization, non-public, personal, private, sensitive, or confidential information to or from personal email accounts (e.g., Gmail, Hotmail, Yahoo) or use a personal email account to conduct the organization’s business unless explicitly authorized. Users must not store restricted organizational, non-public, personal, private, sensitive, or confidential information on a non-organizational issued device, or with a third-party file storage service that has not been approved for such storage by the organization. 

Devices that contain organizational information must be attended at all times or physically secured and must not be checked in transportation carrier luggage systems. 

1.5       User Responsibility for IT Equipment

Users are routinely assigned or given access to IT equipment in connection with their official duties.  This equipment belongs to the organization and must be immediately returned upon request or at the time an employee is separated from the organization.  Users may be financially responsible for the value of equipment assigned to their care if it is not returned to the organization.  Should IT equipment be lost, stolen or destroyed, users are required to provide a written report of the circumstances surrounding the incident.  Users may be subject to disciplinary action which may include repayment of the replacement value of the equipment. The organization has the discretion to not issue or re-issue IT devices and equipment to users who repeatedly lose or damage IT equipment.

1.6       Use of Social Media

The use of public social media sites to promote organizational activities requires written pre-approval from the Communications Coordinator.  Approval is at the discretion of executive management and may be granted upon demonstration of a business need, and a review and approval of service agreement terms by organization’s Counsel’s Office. Final approval by the Communications Coordinator should define the scope of the approved activity, including, but not limited to, identifying approved users.

Unless specifically authorized, the use of organizational email addresses on public social media sites is prohibited. In instances where users access social media sites on their own time utilizing personal resources, they must remain sensitive to expectations that they will conduct themselves in a responsible, professional, and secure manner with regard to references to the organization and staff. These expectations are outlined below.

a. Use of Social Media within the Scope of Official Duties

The Communications Coordinator, or designee, must review and approve the content of any posting of public information, such as blog comments, tweets, video files, or streams, to social media sites on behalf of the organization. However, Communications Coordinator approval is not required for postings to public forums for technical support, if participation in such forums is within the scope of the user’s official duties, has been previously approved by his or her supervisor, and does not include the posting of any sensitive information, including specifics of the IT infrastructure. In addition, Communications Coordinator approval is not required for postings to private, organization approved social media collaboration sites (e.g., Teams).  Blanket approvals may be granted, as appropriate.

Accounts used to manage the organization’s social media presence are privileged accounts and must be treated as such. These accounts are for official use only and must not be used for personal use. Passwords of privileged accounts must follow information security standards, be unique on each site, and must not be the same as passwords used to access other IT resources.

b. Guidelines for Personal Use of Social Media

Staff should be sensitive to the fact that information posted on social media sites clearly reflects on the individual and may also reflect on the individual’s professional life. Consequently, staff should use discretion when posting information on these sites and be conscious of the potential perceptions of and responses to the information. It is important to remember that once information is posted on a social media site, it can be captured and used in ways not originally intended. It is nearly impossible to retract, as it often lives on in copies, archives, backups, and memory cache.

Users should respect the privacy of the organization’s staff and not post any identifying information of any staff without permission (including, but not limited to, names, addresses, photos, videos, email addresses, and phone numbers). Users may be held liable for comments posted on social media sites.

If a personal email, posting, or other electronic message could be construed to be an official communication, a disclaimer is strongly recommended. A disclaimer might be: “The views and opinions expressed are those of the author and do not necessarily reflect those of the organization.”

Users should not use their personal social media accounts for official business, unless specifically authorized by the organization. Users are strongly discouraged from using the same passwords in their personal use of social media sites as those used on organizational devices and IT resources, to prevent unauthorized access to resources if the password is compromised.

Policy References

7000 - STUDENTS

7320 ALCOHOL, TOBACCO, DRUGS AND OTHER SUBSTANCES (STUDENTS)

Last Updated Date: 02/15/2022

Revisions History: 11/28/2017, 02/27/2018

ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (STUDENTS)

Prohibited Conduct

The Board recognizes that the misuse of alcohol, tobacco, electronic cigarettes (e-cigarettes), cannabis (marijuana), drugs, counterfeit and designer drugs, over-the-counter drugs, prescription drugs, vitamins, supplements, herbs, and other similar substances is a serious problem with legal, physical, emotional, and social implications for our students, as well as the entire community. Therefore, the consumption, sharing, selling, use, and/or possession of these and similar substances, as well as tobacco products and drug paraphernalia are prohibited in accordance with law and regulation, District policy, the District Code of Conduct, and/or other similar documents.

Students are not permitted to be under the influence of alcohol, cannabis (marijuana), drugs, or other prohibited substances on school grounds or at school functions. "School function" means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.

Exceptions may exist for authorized medical cannabis use.

Disciplinary Measures

Students will be disciplined in accordance with District policy, the District Code of Conduct, and/or other similar documents for the consumption, sharing, selling, use, and/or possession of alcohol, tobacco, e-cigarettes, cannabis (marijuana), drugs, counterfeit and designer drugs, over-the-counter drugs, prescription drugs, vitamins, supplements, herbs, and other similar substances, as well as tobacco products and drug paraphernalia.

Information on Substance Use Related Services

The Superintendent has designated one or more individuals to provide information regarding where and how to find available substance use related services to students, parents, and staff.

* The designated individual for the District is the Director of Student  Services.

Any information provided by a student, parent, or staff member to the designated individual(s) will not be used in any school disciplinary proceeding and will, in addition to any other applicable privilege, be considered confidential in accordance with law.

 

20 USC §§ 6083(a), 7118, and 7973(a)

Cannabis Law § 127

Education Law §§ 409, 2801, and 3038

Penal Law § 222.10

Public Health Law §§ 1399-n and 1399-o

 

NOTE: Refer also to Policies #3280 -- Use of School Facilities, Materials, and Equipment

#3410 -- Code of Conduct

#5640 -- Smoking, /Tobacco, and Cannabis (Marijuana) Use

#6150 -- Alcohol, Tobacco, Drugs, and Other Substances (Staff)

#8240 -- Instruction in Certain Subjects

District Code of Conduct

 

Adoption Date: February 15, 2022

Policy References

Education Law Sections 409 and 2801(1)
Public Health Law Section 1399-o

7000 - STUDENTS

7330 SEARCHES AND INTERROGATIONS

Students are protected by the Constitution from unreasonable searches and seizures. A student may be searched and contraband/prohibited items seized on school grounds or in a school building by an authorized School District employee only when the School District employee has reasonable suspicion to believe the student has engaged in or is engaging in proscribed activity which is in violation of the law and/or school rules (the District Code of Conduct).  The reasonableness of any search involves a twofold inquiry. School officials must first determine whether the action was justified at its inception, and second, determine whether the search, as actually conducted, was reasonably related in scope to the circumstances which justified the interference in the first place.

Factors to be considered in determining whether reasonable suspicion exists to search a student include:

a) The age of the student;

b) The student's school record and past history;

c) The predominance and seriousness of the problem in the school where the search is
directed; and

d)  The probative value and reliability of the information used as a justification for the search;

e)  The school official's prior knowledge of and experience with the students; and

f) The urgency to conduct the search without delay.

If reasonable suspicion exists to believe that a student has violated or is violating the law and/or school rules, it is permissible for an authorized school official to search that student's outer clothing, pockets, or property. The search may include, but is not limited to, the student's outer clothing such as a jacket or coat, pockets, backpack, and/or purse. Whenever possible, searches will be conducted by a staff member of the same sex as the student and whenever possible, another staff member will be present as a witness.

Strip Searches

A strip search is a search that requires a student to remove any or all of his or her clothing, other than an outer coat or jacket. Strip searches are intrusive in nature and are almost never justified. If school officials have highly credible evidence that such a search would prevent danger or yield evidence, such a search may be conducted under exigent circumstances.  In the alternative, if school authorities believe there is an emergency situation that could threaten the safety of others, the student shall, to the extent practicable, be isolated and secured. Police and parents will be contacted immediately.

Scope of Search

School officials are authorized to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will produce evidence that the student has violated or is violating the law and/or the Code of Conduct.

School officials, whenever possible, will seek the least intrusive means to conduct a search to safeguard the privacy interests of students in their person and property.

Searches and Seizures of School Property

Student desks, lockers, textbooks, computers, and other materials, supplies or storage spaces loaned by the school to students remain the property of the school, and may be opened and inspected by school employees at any time. The purpose of these searches, when they occur, is to ensure the safety of students, faculty and staff, enhance school security and prevent disruptions of the learning environment.  Searches have been proven to have a deterrent effect on student behavior.  Students have no reasonable expectation of privacy with respect to school property; and school officials retain complete control over such property. This means that student desks, lockers, textbooks, computers, and other materials, supplies or storage spaces may be subject to search and/or seizure of contraband/prohibited items at any time by school officials, without prior notice to students and without their consent.  However, a student's personal belongings contained within the locker, desk, etc. are subject to the reasonable suspicion standard for searches by an authorized school official.

Documentation of Searches

The designated school official conducting the search will be responsible for the custody, control and disposition of any illegal, prohibited or dangerous items taken from the student. The school official or his or her designee must clearly label each item taken from the student and retain control of the item(s) until the item(s) is turned over to the police or secured by alternate means.

This school official will also be responsible for promptly documenting information about the search including, but not limited to, the reasons for the search, the purpose of the search, the type and scope of the search, and the results of the search.

 

Questioning of Students by School Officials

School officials have the right to question students regarding any violations of school rules and/or illegal activity. In general, administration may conduct investigations concerning reports of misconduct which may include, but are not limited to, questioning students, staff, parents/guardians, or other individuals as may be appropriate and, when necessary, determining disciplinary action in accordance with applicable due process rights.

Should the questioning of students by school officials focus on the actions of one particular
student, the student will be questioned, if possible, in private by the appropriate school administrator.  The student's parent/guardian may be contacted; the degree, if any, of parental/guardian involvement will vary depending upon the nature and the reason for questioning, and the necessity for further action which may occur as a result.

The student's parent or guardian will be notified if any illegal, prohibited, or dangerous articles or materials are found in the student's locker, vehicle, or other property or possessions, or on the student's person, as a result of a search conducted in accordance with this policy.

The questioning of students by school officials does not preclude subsequent questioning/interrogations by police authorities as otherwise permitted by law. Similarly, the questioning of students by school officials does not negate the right/responsibility of school officials to contact appropriate law enforcement agencies, as may be necessary, with regard to such statements given by students to school officials.

School officials acting alone and on their own authority, without the involvement of or on behalf of law enforcement officials (at least until after the questioning of students by school authorities has been conducted) are not required to give the so-called 'Miranda warnings' (i.e., advising a person, prior to any custodial interrogations as defined in law, of the right to remain silent; that any statement made by the individual may be used as evidence against him/her; and that the individual has the right to the presence of an attorney, either retained or appointed) prior to the questioning of students.

If deemed appropriate and/or necessary, the Superintendent/designee may also review the circumstances with School District legal counsel so as to address concerns and the course of action, if any, which may pertain to and/or result from the questioning of students by school officials.

Law Enforcement Officials

It shall be the policy of the Brighton Central School District that a cooperative effort shall be
maintained between the school administration and law enforcement agencies. Law enforcement
officials may be summoned in order to conduct an investigation of alleged criminal conduct on school premises or during a school-sponsored activity, or to maintain the educational environment. They may also be summoned for the purpose of maintaining or restoring order when the presence of such officers is necessary to prevent injury to persons or property.

Administrators have the responsibility and the authority to determine when the assistance of law
enforcement officers is necessary within their respective jurisdictions. 

Interrogation of Students by Law Enforcement Officials

If police are involved in the questioning of students on school premises, whether or not at the request of school authorities, it will be in accordance with applicable law and due process rights afforded students. Generally, police authorities may only interview students on school premises without the permission of the parent/guardian in situations where a warrant has been issued for the student's arrest (or removal). Police authorities may also question students for general investigations, general questions regarding crimes committed on school property. In all other situations, unless an immediate health or safety risk exists, if the police wish to speak to a student without a warrant they should take the matter up directly with the student's parent/guardian.

Whenever police wish to question a student on school premises, administration will attempt to notify the student's parent/guardian. If possible, questioning of a student by police should take place in private and in the presence of the Building Principal/designee.

 

Dissemination of Information

Copies of this Regulation will be included in the District Code of Conduct available to students and parents at the beginning of each school year.

Child Protective Services' Investigations

From time to time, Child Protective Services may desire to conduct interviews of students on school property. Such interviews generally pertain to allegations of suspected child abuse and/or neglect. The Board encourages cooperation with Child Protective Services with respect to access to records and access to any child named as a victim, any of the victim's siblings, or any other child residing in the same home as the named victim, in accordance with applicable law. 

Policy References

Education Law Sections 1604(9) and (30), 1709(2), 1709(33) and 2801
Family Court Act Section 1024
8 New York Code of Rules and Regulations (NYCRR) Section 100.2(l)
Social Services Law Sections 411-428

7000 - STUDENTS

7340 BUS RULES AND REGULATIONS

The Brighton Central School District furnishes transportation to those students whose disability or distance from the school make the service essential. Except as otherwise mandated in a student's Individualized Education Program (IEP), riding these buses is a privilege and may be withdrawn if the student does not comply with the rules and regulations set forth in this District.

Bus drivers shall be held responsible for reasonable and acceptable behavior of students while riding the school bus. Students riding school buses are expected to conform to the rules of conduct in order to permit the bus driver to transport his/her passengers safely.

The Board of Education, the Superintendent and/or his/her designee has the authority to suspend the transportation privileges of children who are disorderly and insubordinate on buses. Generally, parent(s)/guardian(s) will be required to make alternative transportation arrangements for their children who have been suspended from riding the bus.

If a student with a disability who receives transportation as a related service as part of his/her Individualized Education Program is being considered for suspension from transportation, and that suspension would effectively result in a change in placement, the student shall be referred to the Committee on Special Education.

The Board directs the administration to establish rules and regulations for student conduct on buses, including applicable due process rights to be afforded students suspended from transportation privileges. These rules and regulations shall be promulgated to all concerned, including the non-public schools to which students are transported.

Policy References

Individuals With Disabilities Education Act (IDEA)
20 United States Code (USC) Sections 1400-1485
8 New York Code of Rules and Regulations (NYCRR)
Section 156

7000 - STUDENTS

7350 CORPORAL PUNISHMENT

Corporal punishment as a means of discipline shall not be used against a student by any teacher,
administrator, officer, employee or agent of this School District.

However, if alternative procedures and methods which would not involve physical force do not
work, then the use of reasonable physical force is not prohibited for the following reasons:

a) Self-protection;

b) Protection of others;

c) Protection of property; or

d) Restraining/removing a disruptive student.

Whenever a school employee uses physical force against a student, the school employee shall,
within the same school day to the extent practical, or as soon as possible thereafter,  make a report to the Superintendent describing in detail the circumstances and the nature of the action taken.  In addition, the employee will notify health personnel.

The Superintendent of Schools shall submit a written report semi-annually to the Commissioner
of Education, with copies to the Board of Education, by January 15 and July 15 of each year, setting forth the substance of each written complaint about the use of corporal punishment received by the Brighton Central School District authorities during the reporting period, the results of each investigation, and the action, if any, taken by the school authorities in each case.

Physical Restraint

Physical restraint may be used:

a) To prevent threatened assault, self-inflicted harm or physical injury to other students or personnel; and

b) To prevent damage to school property.

 

Policy References

8 New York Code of Rules and Regulations (NYCRR)
Section 100.2(l)(3)

7000 - STUDENTS

7360 WEAPONS IN SCHOOL AND THE GUN-FREE SCHOOLS ACT

Refer also to Policies #3411 -- Unlawful Possession of a Weapon Upon School Grounds

Policy #7313 - Suspension of Students

District Code of Conduct

With the exception of those students who receive prior written permission from the Board of Education or its designee, no student may bring in or possess any "firearm" or "weapon" on school property, on a school bus or District vehicle, in school buildings, or at school sponsored activities or settings under the control or supervision of the District regardless of location. Any student who has been found guilty of bringing in or possessing a firearm or weapon in violation of this policy will be disciplined in a manner consistent with State and Federal law and the District's Code of Conduct. Such discipline may include a mandatory suspension for a period of not less than one (1) calendar year for a student who is determined to have violated the Federal Gun-Free Schools Act and its implementing provisions in the New York State Education Law, provided that the Superintendent may modify the suspension requirement on a case-by-case basis.

Students who have brought a "weapon" or "firearm" to school will be referred by the Superintendent to either a presentment agency (the agency or authority responsible for presenting a juvenile delinquency proceeding) or to appropriate law enforcement officials. Such referrals will be made as follows: a student who is under the age of sixteen (16) and who is not a fourteen (14) or fifteen (15) year-old who qualifies for juvenile offender status under the Criminal Procedure Law will be referred to a presentment agency for juvenile delinquency proceedings; a student who is sixteen (16) years old or older, or who is fourteen (14) or fifteen (15) and qualifies for juvenile offender status, will be referred to the appropriate law enforcement authorities.

         For the purposes of this policy, the term "weapon" will be as defined in 18 USC 930(g)(2).

         For the purposes of this policy, the term "firearm" will be as defined in 18 USC 921(a).

Students with disabilities continue to be entitled to all rights enumerated in the Individuals with Disabilities Act and Education Law Article 89. This policy shall not be deemed to authorize suspension of students with disabilities in violation of those authorities.

This policy does not diminish the authority of the Board of Education to offer courses in instruction in the safe use of firearms pursuant to Education Law Section 809-a.

Policy References

Gun-Free Schools Act as reauthorized by the No Child Left Behind Act of 2001
18 United States Code (USC) Sections 921(a) and 930
Criminal Procedure Law Section 1.20(42)
Education Law Sections 809-a, 3214

7000 - STUDENTS

7370 STUDENT EXPRESSION

Refer also to Policy #7411 -- Censorship of School Sponsored Student Publications and

Activities

The Board of Education, administration, and faculty of the Brighton Schools welcome the expression of the ideas and ideals of students, and seek to provide opportunities for their careful consideration. Historically, the school has been a place for the exchange of ideas and the dissemination of information; consequently, Brighton expects to provide opportunities for students to discuss controversial issues and to express their opinions on school policies, programs of studies, and areas of public concern. Such discussions should be carried on in an atmosphere of mutual respect and in no way should one individual or group of individuals preempt the rights of others.

Although students have the right to express opinions or make suggestions to school administrators and faculty, it is expected that they will obey the established rules and policies of the school even while working for change.

Student speech may be subject to disciplinary action by school officials if such speech is slanderous; clearly and immediately causes others to damage property or physically harm others; or materially and substantially interferes with the normal operation of the school.

Policy Reference

 

7000 - STUDENTS

7410 EXTRACURRICULAR ACTIVITIES

The Board of Education considers extracurricular activities to be a valuable part of the program
of the school and shall support these activities within the financial means of the District.

Limited Open Forum

The Board of Education maintains a limited open forum where secondary students may meet for
voluntary student-initiated activities unrelated directly to the instructional program, regardless of
religious, political or philosophical content.

To provide 'a fair opportunity' to students who wish to conduct a meeting, the Board of
Education, in accordance with the provisions of the Equal Access Act, shall ensure that:

a) The meeting is voluntary and student-initiated;

b) There is no sponsorship of the meeting by the school, the government, or its agents or
employees;

c) Employees or agents of the school or government are present at religious meetings only in
a nonparticipatory capacity;

d) The meeting does not materially and substantially interfere with the orderly conduct of
educational activities within the school; and

e) Nonschool persons may not direct, conduct, control, or regularly attend activities of student
groups (20 USC Section 4071[c]).

The Board prohibits student organizations whose activities may be unlawful or may cause
disruption or interference with the orderly conduct of the educational process.
Administration is responsible for establishing regulations governing the use of school facilities
by student organizations.

Eligibility for Attendance

a) Students who are suspended from school on a day of an athletic game or practice session, party, school dance, or other school affair scheduled after regular school hours are not eligible for
participation or attendance at such events.

b) In order for students to attend a school-sponsored function, it is necessary that students attend classes for at least one half (1/2) of the school day on the day of the activity, unless otherwise excused by the building administrator. One-half (1/2) of the school day is defined as follows: from 8:30 a.m. until noon or from noon until the end of the school day.

School property shall mean in or within any building, structure, athletic playing field,
playground, parking lot or land contained within the real property boundary line of a public
elementary or secondary school; or in or on a school bus as defined in Vehicle and Traffic Law
Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular
event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state and/or another country. 

Policy References

Equal Access Act,
20 United States Code (USC) Sections 4071-4074
Education Law Sections 1709 and 1709-a, 2503-a,
2554-a and 2801(1)
Vehicle and Traffic Law Section 142
8 New York Code of Rules and Regulations (NYCRR)
Part 172

7000 - STUDENTS

7411 CENSORSHIP OF SCHOOL SPONSORED STUDENT PUBLICATIONS AND ACTIVITIES

Refer also to Policy #7370 -- Student Expression

The District may exercise editorial control over the style and content of student speech in school sponsored publications and activities.

Policy References

7000 - STUDENTS

7420 SPORTS AND THE ATHLETIC PROGRAM

Last Updated Date: 11/09/2021

SPORTS AND THE ATHLETIC PROGRAM

General Principles and Eligibility

Athletics are an integral part of a well-balanced educational program. The District's interscholastic athletic program will conform with the Commissioner's regulations, as well as the established rules of the New York State Public High School Athletic Association (NYSPHSAA) and the State Education Department.

Athletic eligibility requires that the student:

a)Provide written parental or guardian consent. The consent form must contain information regarding mild traumatic brain injuries (concussions) as specified in the Commissioner's regulations.

b)Obtain medical clearance from the school physician or nurse practitioner or the student's personal physician. The school physician or nurse practitioner retains final approval on any physicals performed by a student's personal physician.

c)Meet the requirements for interscholastic competition as set forth by the Commissioner's regulations and the NYSPHSAA.

d)Comply with all District rules, codes, and standards applicable to athletic participation.

 

Title IX Compliance

The Board supports equal athletic opportunities for members of both sexes through interscholastic and intramural activities. To ensure equal athletic opportunities for its students, the District will consider:

a)Its accommodation of athletic interests and abilities (the nature and extent of sports offered, including levels of competition, team competition, and team performance);

b)Equipment and supplies;

c)Scheduling of games and practice time;

d)Travel costs and opportunities for travel;

e)Assignment and compensation of coaches;

f)Locker rooms, practice, and competitive facilities;

g)Available medical and training facilities and services; and

h)The nature and extent of support, publicity, and promotion.

The District may consider other pertinent factors as well. Each of the factors will be assessed by comparing availability, quality, type of benefits, kind of opportunities, and form of treatment. Identical benefits, opportunities, or treatment are not required.

The District's Title IX Coordinator(s) will coordinate the District's efforts to comply with its responsibilities under Title IX. This person will be appropriately trained and possess comprehensive knowledge about applicable federal and state laws, regulations, and policies. To the extent possible, the District will not designate an employee whose other job duties may create a conflict of interest, such as the athletic director.

 

Booster Clubs

The District has a responsibility under Title IX to ensure that boys' and girls' programs are provided with equivalent benefits, treatment, services, and opportunities regardless of their source. When determining equivalency, therefore, benefits, services, and opportunities attained through private funds—including donations, fundraising, and booster clubs—must be considered in combination with all benefits, services, and opportunities.

 

Athletic Placement Process for Interschool Athletic Programs (APP)

The APP is a method for evaluating students who want to participate in sports at higher or lower levels, consistent with their physical and emotional maturity, size, fitness level, and skills. The Board approves the use of the APP for students in grades no lower than seventh grade to compete on interscholastic athletic teams organized for senior high school students, and for senior high school students to compete on interscholastic athletic teams organized for students in the seventh and eighth grades. The Superintendent will implement procedures for the APP, and will direct the athletic director to maintain records of students who have successfully completed the APP.

 

Student Athletic Injuries

No injured student will be allowed to practice or play in an athletic contest. An appropriate medical professional should diagnose and treat an athlete's injuries. The coach should ensure that any player injured while under his or her care receives prompt and appropriate medical attention, and that all of the medical professional's treatment instructions are followed. The injured student has an obligation to promptly inform his or her coach of all injuries. No student will be allowed to practice or compete if there is a question whether he or she is in adequate physical condition. A physician's certification may be required before an athlete is permitted to return to practice or competition.

 

Athletic Program-Safety

The District will take reasonable steps to minimize physical risks posed to students participating in the interscholastic athletic program by:

a)Requiring timely medical examinations of participants;

b)Employing certified or licensed staff to coach all varsity, junior varsity, and modified practices and games;

c)Providing or requiring certified or licensed officials to officiate all competitions;

d)Ensuring that its players' equipment is safe and operates within the applicable manufacturers' guidelines;

e)Ensuring that all home fields, courts, pools, tracks, and other areas where athletes practice, warm-up, or compete are safe and appropriate for use; and

f)Providing professional development and training opportunities for all coaching staff.

 

Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq.

45 CFR Part 86

8 NYCRR §§ 135 and 136

 

NOTE:Refer also to Policies #3420 -- Non-Discrimination and Anti-Harassment in the District

#3421 -- Title IX and Sex Discrimination

#7520 -- Accidents and Medical Emergencies

#7522 -- Concussion Management

 

Adoption Date: Nov. 10, 2021

Policy References

8 New York Code of Rules and Regulations (NYCRR)Section 135 and 136
Title IX of the Education Amendments of 1972, 20 USC Section 1681 et seq.
45 CFR Part 86

7000 - STUDENTS

7430 CONTESTS FOR STUDENTS, STUDENT AWARDS AND SCHOLARSHIPS

Contests for Students

Distribution of educational material, essay contests, and poster contests must be approved in
advance by the Building Principals if the sponsoring organization wishes to involve students in the
project on school time. Samples of informational material should accompany the request. Upon the
judgment of the Principal, the request may be forwarded to the Superintendent and the Board of
Education for approval.

Student Awards and Scholarships

The School District may obtain and award to its students awards and scholarships. The Board of
Education, having been entrusted by law, will hold in trust gifts, grants, bequests and legacies given or bequeathed to the Brighton Central School District and shall apply the same and/or their interest and proceeds according to the instruction of the donors and according to the procedures established by the administration.

Policy References

Education Law Sections 1604(30), 1709(12-a) and 2503(1)

7000 - STUDENTS

7440 MUSICAL INSTRUMENTS

All instrumental music students shall be expected to own or rent instruments. Students may
arrange for ownership or rental of instruments through a variety of independent (outside the District) vendors.

A limited number of District-owned instruments are available for rental. These instruments are
those that are not generally or easily available from outside vendors. A limited number of Districtowned instruments in this classification will be disbursed upon decisions by the instrumental music staff. Decisions will be dependent upon the need for a balanced instrumentation at each grade level.

Students and parents/guardians will assume responsibility for proper care of school-owned
instruments and will pay for damages to same.

The District will only transport in its vehicles those instruments meeting certain safety standards
as indicated in the New York State Department of Transportation Regulations.

Policy References

17 New York Code of Rules and Regulations (NYCRR)
Section 720.22

7000 - STUDENTS

7450 FUND RAISING BY STUDENTS

Refer also to Policy #3271 -- Solicitation of Charitable Donations From School Children

Fund raising projects in which students sell merchandise, provide services, or in other ways
solicit money for school activities may be sponsored by school organizations with the express
approval of the Building Principal. Any such plan shall have a clearly defined purpose and, in general, shall contribute to the educational experience of students and shall not conflict with instructional programs or state mandates. Fund raising activities away from school property shall be held to a minimum. All participation shall be voluntary.

Door to door sales, and/or community-wide sales projects and/or solicitations undertaken by any
Brighton Central School District student organization shall require previous approval of the Board of Education at least thirty (30) days prior to the start of any sales or solicitation project.

Employees are cautioned against giving the impression to students that the purpose of selling
items (e.g., "scratch off" cards, holiday wrappings, etc.) or paying a fee is to defray a portion of the District's educational program. At no time should a student's participation in an educational activity include such sales or fees.

In addition, it is imperative that employees not deposit the proceeds of any legitimate sales
activity in their own personal accounts. Employees engaged in such activities may be held personally liable.

Policy References

New York State Constitution, Article 8, Section 1
Education Law Section 414
8 New York Code of Rules and Regulations (NYCRR)
Section 19.6

7000 - STUDENTS

7460 CONSTITUTIONALLY PROTECTED PRAYER IN THE PUBLIC SCHOOLS

Refer also to Policy #8360 -- Religious Expression in the Instructional Program

In accordance with the most recent Guidance Document issued by the U.S. Department of
Education implementing the requirements of the No Child Left Behind Act of 2001, the Board of
Education affirms the responsibilities of the School District, consistent with applicable statutory/case law pertaining to the First Amendment of the United States Constitution, to allow students and staff to engage in constitutionally protected prayer within the District schools.

Accordingly, no Board of Education policy shall prevent, or otherwise deny participation in,
constitutionally protected prayer in District schools, consistent with the Guidance Document and
applicable law as enumerated above.

The Board rescinds any other policy that may be inconsistent with the mandates of this policy,
which shall supersede any and all Board policies to the contrary.

Policy References

United States Constitution, First Amendment
Elementary and Secondary Education Act of 1965,
as amended by the No Child Left Behind Act of 2001,
Section 9524
Equal Access Act,
20 United States Code (USC) Sections 4071-4074

7000 - STUDENTS

7510 CONCUSSION MANAGEMENT MODEL

The Board of Education of the Brighton Central School District recognizes that concussions and head injuries are commonly reported injuries in children and adolescents who participate in sports and recreational activity and can have serious consequences if not managed carefully. The physical and mental well-being of our students is a primary concern. Therefore, the District adopts the following policy to support the proper evaluation and management of concussion injuries.

A concussion is a mild traumatic brain injury (MTBI). A concussion occurs when normal brain functioning is disrupted by a blow or jolt to the head or body that causes the head and brain to move rapidly back and forth. Recovery from concussion will vary. Avoiding re-injury and over-exertion until fully recovered are the cornerstones of proper concussion management. Concussions can impact a student's academics as well as their athletic pursuits.

Concussion Management Team (CMT)

In accordance with the Concussion Management and Awareness Act, the School District is authorized, at its discretion, to establish a Concussion Management Team (CMT) which may be composed of the certified athletic director, a school nurse, theschool physician, a coach of an interscholastic team, a certified athletic trainer or such other appropriate personnel as designated by the School District. The Concussion Management Team shall oversee and implement the School District's concussion policy and regulations, including the requirement that all school coaches, physical education teachers, nurses and certified athletic trainers who work with and/or provide instruction to pupils engaged in school-sponsored athletic activities complete training relating to mild traumatic brain injuries. Furthermore, every concussion management team may establish and implement a program which provides information on mild traumatic brain injuries to parents and persons in parental relation throughout each school year.

Staff Training/Course of Instruction

Each school coach, physical education teacher, school nurse and certified athletic trainer who works with and/or provides instruction to students in school-sponsored athletic activities (including physical education class and recess) shall complete a course of instruction every two (2) years relating to recognizing the symptoms of concussions or MTBIs and monitoring and seeking proper medical treatment for students who suffer from a concussion or MTBI.

Components of the training will include:

a)      The definition of MTBI;

b)      Signs and symptoms of MTBI;

c)      How MTBIs may occur;

d)      Practices regarding prevention; and

e)      Guidelines for the return to school and school activities for a student who has suffered an MTBI, even if the injury occurred outside of school.

The course can be completed by means of instruction approved by SED which include, but are not limited to, courses provided online and by teleconference.

Information to Parents

The District shall include the following information on concussion in any permission or consent form or similar document that may be required from a parent/person in parental relation for a student's participation in interscholastic sports. Information will include:

a)      The definition of MTBI;

b)      Signs and symptoms of MTBI;

c)      How MTBIs may occur;

d)      Practices regarding prevention; and

e)      Guidelines for the return to school and school activities for a student who has suffered an MTBI, even if the injury occurred outside of school.

The District will provide a link on its website, if one exists, to the above list of information on the State Education Department's and Department of Health's websites.

Identification of Concussion and Removal from Athletic Activities

The District shall require the immediate removal from all athletic activities of any student who has sustained, or is believed to have sustained, a mild traumatic brain injury (MTBI) or concussion. Any student demonstrating signs, symptoms or behaviors consistent with a concussion while participating in a class, extracurricular activity, or interscholastic athletic activity shall be removed from the class, game or activity and must be evaluated as soon as possible by an appropriate health care professional. Such removal must occur based on display of symptoms regardless of whether such injury occurred inside or outside of school. If there is any doubt as to whether  the student has sustained a concussion, it shall be presumed that the student has been injured until proven otherwise. The District shall notify the student's parents or guardians and recommend appropriate evaluation and monitoring.

The School District may choose to allow credentialed District staff to use validated Neurocognitive computerized testing as a concussion assessment tool to obtain baseline and post-concussion performance data. These tools are not a replacement for a medical evaluation to diagnose and treat a concussion.

Return to School Activities and Athletics

The student shall not return to school or physical activity (including athletics, physical education class and recess) until he/she has been symptom-free for not less than twenty-four (24) hours, and has been evaluated and received written authorization from a licensed physician. In accordance with Commissioner's Regulations, the School District's Physician will give final clearance on a return to activity for extra-class athletics. All such authorizations shall be kept on file in the student's permanent health record. The standards for return to athletic activity will also apply to injuries that occur outside of school. School staff should be aware that students may exhibit concussion symptoms caused by injuries from outside activities and that these visible symptoms also indicate a removal from play.

The District shall follow any directives issued by the student's treating physician with regard to limitations and restrictions on school and athletic activities for the student. The District's School Physician may also formulate a standard protocol for treatment of students with concussions during the school day.

In accordance with NYSED guidelines, this Policy shall be reviewed periodically and updated as necessary in accordance with New York State Education Department guidelines. The Superintendent, in consultation with appropriate district staff, including the District School Physician  may develop regulations and protocols for strategies to prevent concussions, the identification of concussions, and procedures for removal from and return to activities or academics.

Policy References

7000 - STUDENTS

7511 IMMUNIZATION OF STUDENTS

Last Updated Date: 05/26/2020

Adoption Date: 06/12/2007

Revisions History: 05/27/2014; 09/17/2019

Refer also to Policy #7131 -- Education of Homeless Children and Youth

Every child entering or attending a District school must present proof of immunization or proof of immunity by serology (blood test) if applicable unless: a New York State licensed physician certifies that such immunization may be detrimental to the student's health.  However, any other rational for a medical exemption must be confirmed by either the child’s specialist (if one is involved with an underlying medical condition) or by an infectious/immunology disease specialist who must confirm the legitimacy of the exemption. The medical excuse, even when signed by a medical doctor on the official DOH form will require review by the school physician who has the final say on the validity of the requested immunization waiver. The requirement for that immunization is waived until such immunization is no longer detrimental to the child's health. Medical exemptions must be reissued annually.

Except for a valid medical exemption, the District will not permit a child lacking acceptable evidence of required immunization to remain in school for more than fourteen (14) days or more than thirty (30) days for an out-of-state or out-of-country transferee who can show a good faith effort to get the necessary certification or other evidence of immunization.
 

Whenever a child has been refused admission to or continued attendance at a District school for lack of acceptable evidence of immunization, immunity, or exemption, the principal of the school will:

 

a) Notify the person in parental relation to the child of his or her responsibility to have the child  
    immunized and of the public resources available for doing so;

 b) Notify the local health authority of the name and address of the excluded child and of the
     immunization or immunizations which the child lacks; and

 c) Provide, with the cooperation of the local health authority, for a time and place at which the
     required immunization or immunizations may be administered.

 

For homeless children, the enrolling school must immediately refer the person in parental relation to  the child to the District's homeless liaison, who must assist them in obtaining the necessary immunizations or medical records.

The District will provide an annual summary of compliance with immunization requirements to the Commissioner of Health.

All schools will also post educational information on influenza and the benefits of influenza immunization, which will be in plain view and available to persons in parental relation. 

Policy References

Education Law Section 310 and 914

Public Health Law Section Sections 613 and 2164

8 New York Code of Rules and Regulations (NYCRR)
Sections 100.2 and 136.3

10 New York Code of Rules and Regulations (NYCRR)
Subpart 66-1

7000 - STUDENTS

7512 STUDENT PHYSICALS

Last Updated Date: 11/27/2018

Adoption Date: 06/12/2007

Revisions History: 12/12/2007; 12/09/2008; 12/13/2011; 9/11/2012; 7/1/2013; 7/10/2018

Refer also to Policies #5690 -- Exposure Control Program

#5691 -- Communicable Diseases

#5692-- Human Immunodeficiency Virus (HIV)

#7121 -- Diagnostic Screening of Students

#7131 -- Education of Homeless Children and Youth

#7511 -- Immunization of Students

Health Examination

Each student enrolled in District schools must have a satisfactory health examination conducted
by the student's physician, physician assistant or nurse practitioner within twelve (12) months prior to the commencement of the school year of:

a) The student's entrance in a District school at any grade level;

b) Entrance to pre-kindergarten or kindergarten;

c) Entry into the 1^st, 3^rd, 5^th, 7^th, 9^th and 11^th

The District may also require an examination and health history of a student when it is
determined by the District that it would promote the educational interests of the student.

In addition, the District requires a certificate of physical fitness for:

a) All athletes prior to their first sport of the school year, then only those who were injured or ill during their first sport before participating in a second sport during the school year;

b) All students who need work permits; and

c) All students either suspected of or sustaining a mild traumatic brain injury (concussion) must receive a written and signed authorization from a licensed physician before returning to athletic activities in school. 

Health Certificate

Each student must submit a health certificate attesting to the health examination within thirty
(30) calendar days after his or her entrance into a District school at any grade level; Pre-Kindergarten or kindergarten; and 1^st, 3^rd, 5^th, 7^th, 9^th and 11^th grades.

The building principal or designee will send a notice to the parent of, or person in parental relation to, any student who does not present a health certificate, that if the required health certificate is not furnished within 30 calendar days from the date of the notice, an examination by health appraisal will be made of the student by the Director of School Health Services. 

The health certificate must be on a form prescribed by the Commissioner and will be filed in the student's cumulative record.  The health certificate must:

a) Describe the condition of the student when the examination was given provided that such examination was not given more than 12 months prior to the commencement of the school year in which the examination is required;

b) State the results of any test conducted on the student for sickle cell anemia;

c) State whether the student is in a fit condition of health to permit his/her attendance at
public school and, where applicable, whether the student has impaired sight or hearing, has received a scoliosis screening, or any other physical disability which may tend to prevent the student from receiving the full benefit of school work or from receiving the best educational results, or which may require a modification of such work to prevent injury to the student;

d) Include a calculation of the student's body mass index (BMI) and weight status category and

e) Be signed by a duly licensed physician, physician assistant, or nurse practitioner, who is authorized by law to practice in New York State consistent with any applicable written
practice agreement; or authorized to practice in the jurisdiction in which the examination
was given, provided that the Commissioner of Health has determined that such jurisdiction has standards of licensure and practice comparable to those of New York.

A licensed health professional with appropriate training may conduct a scoliosis screening.

 

Dental Health Certificate

 The District will request a dental health certificate from each student at the same time that health certificates are required. 

 The District may also request an assessment and dental health history of a student when it is determined by the District that it would promote the educational interests of the student. 

A notice of request for a dental health certificate will be distributed at the same time that the parent or person in parental relation is notified of health examination requirements. The notice of request for a dental health certificate will list dental practices, dentists, and registered dental hygienists to which students may be referred for dental services on a free or reduced cost basis upon request of the student's school.

The dental health certificate will be filed in the student's cumulative record. The dental health certificate must: 

a) Describe the dental health condition of the student when the assessment was given, provided that the assessment was not given more than 12 months prior to the commencement of the school year in which the assessment is requested; and

b) State whether the student is in fit condition of dental health to permit his or her attendance at a District school; and

c) Be signed by a duly licensed dentist, or a registered dental hygienist, who is: 

1. Authorized by law to practice in New York State, and consistent with any applicable written practice agreement; or
2.  Authorized to practice in the jurisdiction in which the assessment was performed, provided that the Commissioner has determined that the jurisdiction has standards of licensure and practice comparable to New York State. 

Examination by Health Appraisal

The Principal or the Principal's designee will send a notice to the parents of, or person in parental
relationship to, any student who does not present a health certificate, that if the required health
certificate is not furnished within thirty (30) days from the date of such notice, an examination by health appraisal will be made of such student by the Director of School Health Services.

The Director of School Health Services shall cause such students to be separately and carefully
examined and tested to ascertain whether any such student has impaired sight or hearing, or any other physical disability which may tend to prevent the student from receiving the full benefit of school work or from receiving the best educational results, or which may require a modification of such work to prevent injury to the student.

Each examination will include a calculation of the student's BMI and weight status category.  Further, the physician, physician assistant or nurse practitioner administering such examination  will determine whether a one-time test for sickle cell anemia is necessary or desirable and, if so determined, will conduct the test and include the results in the health certificate.

Unless otherwise prohibited by law, if it is ascertained that any students have impaired sight or hearing, or a physical disability or other condition, including sickle cell anemia which may require professional attention with regard to health, the Principal or Principal's designee will notify, in writing, the student's parents or persons in parental relation as to the existence of such disability. If the parents or persons in parental relation are unable or unwilling to provide the necessary relief and treatment for such students, such fact shall be reported by the Principal or Principal's designee to the Director of School Health Services, who then has the duty to provide relief for such students.

District Reporting of BMI and Weight Status Category 

Each school year, the New York State Department of Health randomly selects a certain number of districts across New York State to report, in the aggregate, students' BMI and weight status categories. Selected districts must report BMI results on-line using the Department of Health's Health Provider Network secure website. A student's parent or person in parental relation may refuse to have the student's BMI and weight status category included in such survey.

Health Screenings

The District will provide:

a) Scoliosis screening, if not documented on the student's health certificate, at least once each school year for female students in grades 5 and 7, and for male students in grade 9. The positive results of any screening examinations for the presence of scoliosis will be provided in writing to the student's parent or person in parental relation within ninety (90) days after such finding;

b) Vision screening, if not documented on the student's health certificate, to all students within six months of admission to a District school. The vision screening will test the student's color perception, distance acuity, and near vision. In addition, all students will be screened for distance acuity and near vision in grades pre-kindergarten or kindergarten, 1, 3, 5, 7, and 11, as well as at any other time deemed necessary. The results of all such vision screening examinations will be provided in writing to the student's parent or person in parental relation and to any teacher of the student.

c) Hearing screening, if not documented on the student's health certificate, to all students within six months of admission to a District In addition, all students will receive a hearing screening in grades pre-kindergarten or kindergarten, 1, 3, 5, 7, and 11, as well as at any other time deemed necessary. Each hearing screening will include, but not be limited to, pure tone screening. The results of any hearing tests
will be provided in writing to the student's parent or person in parental
relation and to any teacher of the student.

The results of all health screenings will be recorded in the student's cumulative health record which will be maintained by the school for at least as long as the minimum retention period for such records. 

Student Health Records

The health records of individual students will be kept confidential in accordance with the federal
Family Educational Rights and Privacy Act (FERPA) and any other applicable federal
and State laws.

Accommodation for Religious Beliefs

No health examinations, health history, examinations for health appraisal, screening
examinations for sickle cell anemia and/or other health screenings shall be required
where a student or the parent or person in parental relation to such student objects thereto
on the grounds that such examinations, health history and/or screenings conflict with
their genuine and sincere religious beliefs. A written and signed statement from the student or the student's parent or person in parental relation that such person holds such beliefs must be submitted to the Principal or Principal's designee, in which case the Principal or Principal's designee may require supporting documents.

Students in Temporary Housing

For students in temporary housing (i.e., homeless children and youth), the enrolling school must immediately refer the parent or guardian of the student to the District's McKinney-Vento liaison, who will assist them in obtaining the necessary medical records. 

 

Family Educational Rights and Privacy Act of 1974 (FERPA)
20 United States Code (USC) Section 1232(g)
Education Law Sections 903 - 905, 3220
8 New York Code of Rules and Regulations (NYCRR) Parts 136.1 and 136.3

Adopted: 6/12/07
Amended: 12/12/07; 12/9/08; 12/13/11; 9/11/12; 7/1/13; 7/10/2018

Policy References

Family Educational Rights and Privacy Act of 1974 (FERPA)
20 United States Code (USC) Section 1232(g)
Education Law Sections 901-905, 912 and 3217
8 New York Code of Rules and Regulations (NYCRR) Parts 135 and 136

7000 - STUDENTS

7513 ADMINISTRATION OF MEDICATION

Last Updated Date: 08/14/2018

Adoption Date: 12/07/2007

SUBJECT: Administration of Medication

Whenever possible the district recommends that all medications be scheduled for administration at home. Under certain circumstances, when it is necessary for a student to take prescription medication during school hours, the school’s registered professional nurse (RN) may administer the medication if the parent or person in parental relation submits a written request accompanied by a written request from a physician indicating at a minimum the name, frequency, indication, and dosage of prescribed medication. The parent or person in parental relation must assume responsibility to have the medication delivered. Common non-prescription, over-the-counter (OTC) medications in their original containers may be administered by the RN with written physician or other health care provider medical orders and written parental permission indicating the frequency, dosage, and indication for use.

Procedures for receipt, tracking, storage and disposal of medications will be in accordance with State Education Department Guidelines, New York State Department of Environment Conservation (DEC), the Centers