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 LEARNING - USE OF REMOTE LEARNING IN THE DISTRICT

Adoption Date: 11/17/2020

The District may offer remote or distance learning to students at certain times including, but not limited to, independent study, enrichment courses, and in the event of an extraordinary circumstance such as widespread illness, natural disaster, or other emergency situation.

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

Extraordinary Circumstances

In the event of an extraordinary circumstance that requires long-term and widespread use of remote learning, a plan will be developed that outlines how the District will accomplish remote learning. This plan will outline the number of students involved, modes of remote learning, asynchronous and synchronous learning opportunities, internet and device access among students, and alternatives available for students who have neither a device nor consistent access. It will also address the needs of different populations of students including, but not limited to, vulnerable students, younger students, students with disabilities, and English language learners.

If warranted, the District may use a hybrid model of in-person instruction and remote learning.

Formats and Methods of Remote Learning

Remote learning may be delivered by teachers through a variety of formats and methods. Instruction may be provided through video, audio, and/or written materials. Communication between teachers and students may occur through video conferencing, prerecorded videos, online discussion boards, and/or other instruction that relies on technology. Remote learning can occur synchronously, which involves real-time interaction and collaboration between teachers and students, or asynchronously, which involves delayed interactions between teachers and students and self-directed learning.

Determinations about how to best deliver remote learning will take into account a variety of factors including, but not limited to, the number of students involved, the subject matter, the students' grade  levels, and technological resources of both the District and students. Consideration will also be given to whether accommodations need to be made for students with disabilities or English language learners.

Remote Learning Support

As necessary, the District will provide instruction on using remote learning 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 learning 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 learning. 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

In compliance with law, regulation, and District policy, the District will take measures to protect the personal information of students and teachers from unauthorized access when using remote learning technologies. 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 the use of encryption or an equivalent technical control that renders personally identifiable information unusable, unreadable, or indecipherable to unauthorized persons when transmitted electronically.

Policy References

 

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 for Disease Control, and the Federal Drug Administration.

Procedures for taking medications off school grounds or after school hours while participating in a school-sponsored activity when a school nurse may not be available will be managed on an individualized basis among the principal, the school nurse, and the parent according to the student’s medical needs and maturity, physician’s orders, parental requests, parental or designate availability, and availability of supervisory staff such as willing non-licensed volunteers or substitute licensed staff members.

Disposal of Unused Medications

All medication orders (prescription and non-prescription) must be reviewed annually or when there is a change in dosage.

 If a medication regimen is changed or discontinued, or there is unused medication left at the end of the school year, the medication must be returned to the parent/person in parental relation or be   
documented as abandoned and properly disposed. Parents will be notified of these options such as:

 1)    Disposal of medication in the presence of a witness according to the State Education   
        Department and the Department of Conservation; or

 2)    Parent/responsible designee picking up medication from Health Office.

Emergency Medication

Normally, an RN or an LPN under the supervision of an RN will administer all emergency medications to a child.   In the absence of an RN, LPN or other licensed health care provider, a willing volunteer who is a school staff member who has been previously properly trained by an RN, physician, physician’s assistant, or nurse practitioner may offer in advance to respond to a medical emergency should it occur including the administration of glucagon or an epinephrine auto injector to a student for any medical necessity properly documented by a NYS licensed physician, nurse practitioner, or physician’s assistant.

Routine Medication

Normally, an RN or an LPN under the supervision of an RN will administer all routine medications to a child. In the absence of an RN or LPN, the parent or his or her documented designate may be called upon to assist in the proper administration of a medication, such as on a field trip.

Good Samaritan Exemption 

The District recognizes the “Good Samaritan” exemption law for rendering emergency care during a life threatening situation in the absence of gross negligence.

Student Self-Care

Students may carry life-saving medications on their person and/or may give their medication for safe keeping to a willing, trained, staff employee who supervises them with physician documentation of need and safety that the student is responsible to do so; and written parent permission. Students may also be recommended by the school physician and school nurse for approval by the principal to conduct other medically ordered tasks that may or may not include medications, such as blood glucose testing for a child with diabetes.

A record of all physician or health care provider/parental permission shall be maintained in the school health office in the child’s permanent health record. The Board of Education recommends that any life-saving medications that are carried by a student have a duplicate in the health office in the event the child’s supply cannot be located.

Health office personnel will maintain regular parental contact in order to monitor the effectiveness of such self-medication procedures and to clarify parental responsibility as to the daily monitoring of their child to ensure that the medication is being utilized in accordance with the physician's or provider's instructions. School nurses will also alert private health care providers who wrote orders whenever the student is not complying with the order as written. Additionally, the student will be required to report to the health office on a periodic basis as determined by health office personnel unless otherwise arranged between the private health care provider and the school nurse, so as to maintain an ongoing evaluation of the student's management of such self-medication and/or care techniques, and to work cooperatively with the parents and the student regarding such self-care management.

Students who self-administer medication without proper authorization or who share any medications with others, under any circumstances, will be referred for counseling by school nursing personnel and/or for disciplinary action where indicated by the principal. Additionally, school administration and parents will be notified of such unauthorized use of medication by the student, and school administration may also be involved in determining the proper resolution of such student behavior.

Personal Care Items 

Feminine Hygiene Products 

Each school building within the District serving students in any grade from six through twelve will provide feminine hygiene products in building restrooms. These products will be provided at no charge to students.

Alcohol-Based Hand Sanitizers

The District’s physician may approve a non-patient specific medical order to permit the general supervised use of 60% or more alcohol-based hand sanitizers in the District's schools. The District will provide an annual notification to parents of the availability of hand sanitizers, and parents may provide written notification to the school in the event they do not wish to have their child use this product.

Sunscreen

Overexposure to ultraviolet (UV) radiation from the sun may cause sunburn, skin damage and increases the risk of skin cancer, especially exposure in the first fifteen (15) years of life. Although the FDA technically considers sunscreen an over-the-counter drug which would require a doctor's prescription in addition to parental permission, the New York State Education Department (NYSED) has issued an updated guidance document that will allow the use of sunscreen without a physician's order.

The District allows students to carry and use sunscreen in school if:

1. The sunscreen is used for the purpose of avoiding overexposure to the sun and not for medical treatment of an injury or illness;
2. The sunscreen is approved by the FDA for over-the-counter use; and
3. The student's parent or guardian provides written permission for the student to carry   
    and use sunscreen.

A student who is unable to physically apply sunscreen may be assisted by unlicensed personnel when directed to do so by the student, if permitted by a parent/guardian and authorized by the school. Parents/guardians are responsible for providing the sunscreen to be used at school.

 

Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446, Section 614(a)]
Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Sections 1400 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq.
Education Law Sections 902(b), 907, 916, 916-a, 916-b, 919, 921, 6527 and 6908(1)(a)(iv), and 6909
Public Health Law Sections 267, 3000-a, 3000-c, and 3309
8 NYCRR §§ 136.6, 136.7
 

Adopted: 12/7/2007
Amended: 8/14/2018

Policy References

Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446, Section 614(a)]
Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Sections 1400 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq.
Education Law Sections 902(b), 916, 6527(4)(a) and 6908(1)(a)(iv)
Public Health Law Section 3000-a

7000 - STUDENTS

7514 HEALTH RECORDS

The school shall keep a convenient, accurate, and up-to-date health record of every student.
Insofar as the health records include confidential disclosures or findings, they shall be kept
confidential. Individual records may be interpreted by the school's registered professional nurse to
administrators, teachers, and counselors, consistent with law.

Policy References

Education Law Sections 902(b) and 905
8 New York Code of Rules and Regulations (NYCRR)
Part 136

7000 - STUDENTS

7520 ACCIDENTS AND MEDICAL EMERGENCIES

Last Updated Date: 11/28/2017

Student Emergency Treatment

While the District does not expect non-medically-licensed staff members to provide extensive medical care to students, all staff members of the District are expected to know basic first aid for common injuries and illnesses, and to behave as a responsible adult to secure emergency medical assistance. This is accomplished by calling 911 as appropriate and/or to reassure and stay with a student and give basic first aid care for students who are ill or injured until medical assistance arrives. The supervisory staff member is also expected to notify the parent or guardian in a timely fashion after the student’s safety has been secured.  Additionally, the District encourages all staff members to become certified or maintain existing certification in Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillators, and provides periodic training by BOCES, coordinated through the Brighton Teachers Center, to facilitate the process.

Transporting an Ill or Injured Student

When the decision has been made that a student is ill or injured such that transportation to a hospital by ambulance may be required, the District will make all reasonable attempts to contact a parent or person in parental relation to discuss options. The student's welfare is always the primary concern, and while medical care of the student is ultimately the parent' s responsibility, while the student is in the school setting, it is the responsibility of school personnel to exercise good judgment and care under all circumstances. When district staff feel an emergency call to 911 is essential to student welfare, an ambulance may be called to have first responders on site as quickly as possible to assess, treat and determine whether ambulance transport is necessary.

Policy References

Education Law Sections 1604(7-a), 1604(7-b), 1709(8-a)
and 1709(8-b)

7000 - STUDENTS

7521 STUDENTS WITH SERIOUS AND/OR LIFE THREATENING MEDICAL CONDITIONS

Last Updated Date: 06/11/2019

Adoption Date: 06/12/2007

Revisions History: 12/09/2008; 07/01/2015; 12/01/2015

Refer also to Policy #7513 -- Administration of Medication

The Board of Education recognizes the need to provide all students with appropriate educational programs in the least restrictive setting and with reasonably adequate accommodations of their medical needs, including those with significant or even life-threatening medical conditions. This policy encompasses any physician documented serious and/or life threatening medical condition, such as, but not limited to, life-threatening food or insect sting allergies, and acute medical conditions, such as substance overdose,  or chronic serious diseases or medical conditions, such as but not limited to Anaphylaxis, Diabetes, Seizures, or Severe Asthma.

Accordingly, Brighton Central School District will adhere to all state and federal laws governing the rights of students with special medical needs and will take reasonable measures to work with both the health care provider and the family to ensure the health and safety of all students including children with significant or life threatening conditions. This may include, but is not limited to:

• providing necessary precautions and general training for staff in transportation, classrooms, the cafeteria, or the gymnasium;
• providing initial and periodic update training by individuals with significant nursing or medical knowledge for all adults in a supervisory role in the recognition and emergency management of a specific medical condition for specific students;
• creating Individual Health Care Plans (IHP), Emergency Care Plans (ECP), 504 Plans, or Individualized Educational Plans (IEP) as indicated;
• having standing emergency medical protocols; or non-patient specific medical orders, for nursing staff or other staff so designated by the administration and allowed under federal and NYS laws and Commissioner regulations;
• maintaining stock supplies of life saving emergency medications and/or devices, as allowed by the laws of NYS, such as epinephrine auto-injectors, glucagon, naloxone, or nebulizers,  in all health offices for use especially in first time emergencies;
• following specific medical-legal documents duly executed in accordance with the laws of NYS with medical orders regarding the care of specific students with severe life threatening conditions;
• allowing self-directed students to carry lifesaving medication or perform essential life-sustaining self-care when ordered and properly attested by a physician or other licensed health care provider and requested by a parent with prior approval by the principal and according to relevant laws, regulations, district health practice and procedures, as long as duplicate lifesaving medication is also maintained in the health office in the event the self-carrying student misplaces their medicines;
• assuring appropriate and reasonable building accommodations are in place within a reasonable degree of medical certainty

 

The Director of Student Services in cooperation with the district physician and nursing staff will ensure that the above matters are in place and are reviewed and updated as needed annually. The director of the CSE and the district physician shall periodically report their findings to the Superintendent of Schools. The principal is ultimately responsible to ensure that each student with a life-threatening condition has an appropriate plan in place and that all appropriate staff in supervisory roles with the child have received and maintained their training.

 

Policy References

Americans with Disabilities Act,
42 United States Code (USC) Section 12101 et seq.
Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Sections 1400-1485
34 Code of Federal Regulations (CFR) Part 300
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.
Education Law Sections 902(b), 6527 and 6908
Public Health Law Section 3000-a

7000 - STUDENTS

7530 CHILD ABUSE AND MALTREATMENT

Last Updated Date: 03/24/2020

Adoption Date: 06/12/2007

Revisions History: 02/24/2015; 03/21/2017; 10/29/2019

The District takes seriously the obligation of its officers and employees to report cases of child abuse and maltreatment.  To this end, regulations shall be developed, maintained and disseminated by administration regarding the:

a) Mandatory reporting of suspected child abuse/neglect/maltreatment;

b) Reporting procedures and obligations of persons required to report;

c) Provisions for taking a child into protective custody;

d) Mandatory reporting of deaths;

e) Immunity from liability and penalties for failure to report;

f) Obligations for provision of services and procedures necessary to safeguard the life of a child; and

g) Provision of information in recognizing signs of unlawful methamphetamine laboratories for all current and new school officials (i.e. mandated reporters), who, as part of their usual responsibilities, visit children's homes;

Additionally, an ongoing training program for all current and new school officials will be established and implemented to enable such staff to carry out their reporting responsibilities.

Reporting Information

The District will post the child abuse hotline telephone number and directions for accessing the Office of Children and Family Services (OCFS) website in English and Spanish on its website and in clearly and highly visible areas of school buildings.  The District will also make this information available from its administrative offices; provide it to parents and persons in parental relation at least once per school year by electronic communication, sending the information home with students, or otherwise; and provide it to each teacher and administrator.  The District may post and provide this information in other, common languages used by the school community.

Persons Required to Report

Persons required to report cases of child abuse or neglect/maltreatment to the State Central Register (SCR) pursuant to Social Services Law Section 413(1) includes, but are not limited to, school teachers, school counselors, school psychologists, school social workers, school nurses, school administrators,  or other school personnel required to hold a teaching or administrative license or certificate, and full- or part-time compensated school employees required to hold a temporary coaching license or professional coaching certificate. 

All mandated reporters must make the report themselves and then immediately notify the building principal or designee. The building principal or designee will be responsible for all subsequent administration necessitated by the report.

Any report shall include the name, title and contact information for every staff member who is believed to have direct knowledge of the allegations in the report.

Prohibition of Retaliatory Personnel Action

The District will not take any retaliatory personnel action against an employee because the employee believes that he/she has reasonable cause to suspect that a child is an abused
or maltreated child and that employee makes a report to SCR. Further, no school official will impose any conditions, including prior approval or prior notification, upon any
staff member specifically designated a mandated reporter.

'Retaliatory personnel action' means the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of
employment.

Report Form

The 'Report of Suspected Child Abuse or Maltreatment' Form LDSS-2221A may be accessed at the OCFS website. 

Child Abuse in an Educational Setting

The District is committed to the protection of students in educational settings from abuse and maltreatment by employees or volunteers as enumerated in law.

Definitions
 

"Administrator" or "school administrator" means a principal, or the equivalent title, in a school, or other chief school officer.

"Child abuse" means any of the following acts committed in an educational setting by an employee or volunteer against a child (defined as a person under the age of 21 years enrolled in a school):

a) Intentionally or recklessly inflicting physical injury, serious physical injury or death; 

b) Intentionally or recklessly engaging in conduct which creates a substantial risk of such physical injury, serious physical injury or death; 

c) Any child sexual abuse, defined as conduct prohibited by Articles 130 or 263 of the Penal Law; or

d) The commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to Article 235 of the Penal Law.

"Educational setting" means the building(s) and grounds of the school; the vehicles provided directly or by contract by the school for the transportation of students to and from school buildings, field trips, co-curricular and extracurricular activities both on and off school grounds; all co-curricular and extracurricular activity sites; and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.

"School" means a school district, public school, charter school, nonpublic school, Board of Cooperative Educational Services (BOCES), special act school district as defined in Education Law Section 4001, approved preschool special education program pursuant to Education Law Section 4410, approved private residential or non-residential school for the education of students with disabilities including certain private schools, or state-operated or state-supported school in accordance with Education Law Articles 85, 87, or 88.

 

Duties Upon Receipt of an Allegation of Child Abuse in an Educational Setting

In any case where an oral or written allegation is made to a teacher, school nurse, school counselor, school psychologist, school social worker, school administrator, Board member, or other school personnel required to hold a teaching or administrative license or certificate, as well as a licensed and registered physical therapist, licensed and registered occupational therapist, licensed and registered speech-language pathologist, teacher aide, or school resource officer that a child has been subjected to child abuse by an employee or volunteer in an educational setting, that person shall upon receipt of such allegation:

a) Promptly complete a written report of such allegation including the full name of the child alleged to be abused; the name of the child's parent; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the employee or volunteer against whom the allegation was made; and a listing of the specific allegations of child abuse in an educational setting. The written report must be completed on a form as prescribed by the Commissioner of Education.

b) Except where the school administrator is the person receiving such an oral or written allegation, the employee completing the written report must promptly personally deliver a copy of that written report to the school administrator of the school in which the child abuse allegedly
occurred.

In any case where an oral or written allegation is made to a school bus driver employed by a school or a person or entity that contracts with a school to provide transportation services to children that a child has been subjected to child abuse by an employee or volunteer in an educational setting, that school bus driver will upon receipt of the allegation, promptly report or cause a report to be made to his or her supervisor employed by the school or the contracting person or entity.

In any case where an oral or written report or allegation is made to a supervisor who is employed by a school or a person or entity that contracts with a school to provide transportation services to children from a person employed by the school or the contracted person or entity that a child has been subjected to child abuse by an employee or volunteer in an educational setting, the supervisor must, upon receipt of an allegation:

 a) Promptly complete a written report of the allegation including the full name of the child alleged to be abused; the name of the child's parent or guardian; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the employee or volunteer against whom the allegation was made; and a listing of the specific allegations of child abuse in an educational setting. This written report must be completed on a form prescribed by the Commissioner.

 b) Ensure that the written report is personally delivered to the Superintendent employed by the school district where the child abuse occurred or, for a school other than a school district or public school, the school administrator employed by the school where the child abuse occurred.

In any case where it is alleged a child was abused by an employee or volunteer of a school other than a school within the school district of the child's attendance, the report of these allegations will be promptly forwarded to the Superintendent of the school district of the child's attendance and the Superintendent of the school district where the abuse of the child allegedly occurred. If a case involves a school that is not a school district or public school, the appropriate school administrator or administrators, in addition to any appropriate Superintendent, must be notified of the allegations of abuse.

If it is alleged the child was abused by the Superintendent or administrator, the report of the allegations will be made to another designated administrator.

 

Upon receipt of a written report alleging child abuse in an educational setting, the school administrator or Superintendent must then determine whether there is 'reasonable suspicion ' to believe that such an act of child abuse has occurred.  If it is determined that reasonable suspicion exists, the school administrator or Superintendent must follow the notification/reporting procedures mandated in law and further described in administrative regulations including parental notification. When the school administrator receives a written report, he/she must promptly provide a copy of the report to the Superintendent.  The report must be promptly forwarded to appropriate law enforcement. In no event will reporting to law enforcement be delayed by an inability to contact the Superintendent.

Where the school administrator or Superintendent has forwarded a written report of child abuse in an educational setting to law enforcement authorities, he or she will also refer the report to the Commissioner if the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by NYSED.

Civil Immunity

 Any employee, volunteer, or supervisor who is employed by a person or entity that contracts with a school to provide transportation services to children who reasonably and in good faith makes a report of allegations of child abuse in an educational setting in accordance with the reporting requirements of the law will have immunity from civil liability which might otherwise result by reason of those actions.

Any school administrator or Superintendent who reasonably and in good faith makes a report of allegations of child abuse in an educational setting, or reasonably and in good faith transmits such a report to a person or agency as required by law, will have immunity from civil liability which might otherwise result by reason of such actions.

Confidentiality

Reports and other written material submitted pursuant to law with regard to allegations of child abuse in an educational setting, and photographs taken concerning those reports that are in the possession of any person legally authorized to receive such information, will be confidential and will not be redisclosed except to law enforcement authorities involved in an investigation of child abuse in an educational setting or as expressly authorized by law or pursuant to a court-ordered subpoena. School administrators and the Superintendent shall exercise reasonable care in preventing such unauthorized disclosure.

 

Training

The District will implement a training program regarding child abuse in an educational setting for all current and new teachers, school nurses, school counselors, school psychologists, school social workers, school administrators, Board members, other school personnel required to hold a teaching or administrative license or certificate, and any school bus driver or supervisor employed by the District  or any person or entity that contracts with the District to provide transportation services to children, as well as licensed and registered physical therapists, licensed and registered occupational therapists, licensed and registered speech-language pathologists, teacher aides, and school resource officers.

 

 

Prohibition of 'Silent ' (Unreported) Resignations

The Superintendent and other school administrators are prohibited from withholding from law enforcement authorities, the Superintendent or the Commissioner of Education, where appropriate, information concerning allegations of child abuse in an educational setting against an employee or volunteer in exchange for that individual's resignation or voluntary suspension
from his/her position.

The Superintendent or other school administrators who reasonably and in good faith report to law enforcement officials information regarding allegations of child abuse or a resignation as required pursuant to the law will have immunity from any liability, civil or criminal, which might otherwise result by reason of such actions.

Notification

Teachers and all other school officials will be provided an annual written explanation concerning the reporting of child abuse and child abuse in an educational setting, including the immunity provisions as set forth in law. The Commissioner will furnish the District with required information, including rules and regulations for training necessary to implement District and staff responsibilities under the law.

 

Prohibition on Aiding and Abetting Sexual Abuse

Unless exempted by law, no District employee, contractor, or agent of the District will assist another District employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows or has probable cause to believe, that the individual engaged in sexual misconduct regarding a minor or student in violation of the law.

 

 

 

Policy References

Education Law Article 23-B and §§ 409-1, 3028-b, and 3209-a
Penal Law Articles 130, 235 and 263
Social Services Law § 411-428
New York Code of Rules and Regulations (NYCRR), Part 83 and Section 100.2(hh) and (nn)
Family Court Act § 1012
Labor Law § 740(1)(e)

7000 - STUDENTS

7550 DIGNITY FOR ALL STUDENTS ACT

Last Updated Date: 01/04/2022

Revisions History: 1/23/2018

DIGNITY FOR ALL STUDENTS

The District seeks to create an environment free of harassment, bullying, and discrimination; to foster civility in its schools; and to prevent conduct that is inconsistent with its educational mission. The District, therefore, prohibits all forms of harassment and bullying of students by employees or other students on school property and at school functions. The District further prohibits discrimination against students, including, but not limited to, discriminatory acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or other students on school property and at school functions that take place at locations off school property. In addition, other acts of harassment, bullying, or discrimination that can reasonably be expected to materially and substantially disrupt the education process may be subject to discipline or other corrective action.

 

Dignity Act Coordinator

In each of its schools, the District will designate at least one employee holding licenses or certifications as required by the Commissioner to serve as the Dignity Act Coordinator (DAC). Each DAC will be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), and sex. Training will also be provided for DACs that addresses: the social patterns of harassment, bullying, and discrimination, including, but not limited to, those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex; the identification and mitigation of harassment, bullying, and discrimination; and strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings. All DAC appointments will be approved by the Board.

The District will widely disseminate the name, designated school, and contact information of each DAC to all school personnel, students, and parents or persons in parental relation by:

a) Listing it in the Code of Conduct, with updates posted on the District's website; and

b) Including it in the Code of Conduct's plain-language summary provided to all parents or persons in parental relation to students before the beginning of each school year; and

c) Providing it to parents or persons in parental relation in at least one District or school mailing or other method of distribution, including, but not limited to, electronic communication or sending information home with each student. If the information changes, parents and persons in parental relation will be notified in at least one subsequent District or school mailing, or other method of distribution, as soon as practicable thereafter; and

d) Posting it in highly visible areas of school buildings; and

e) Making it available at the District and school-level administrative offices.

If a DAC vacates his or her position, the District will immediately designate an interim DAC, pending approval from the Board within 30 days. In the event a DAC is unable to perform his or her duties for an extended period of time, the District will immediately designate an interim DAC, pending the return of the previous individual to the position.

 

Training and Awareness

Each year, all employees will be provided with training to promote a supportive school environment that is free from harassment, bullying, and discrimination, and to discourage and respond to incidents of harassment, bullying, and discrimination. This training may be provided in conjunction with existing professional development, will be conducted consistent with guidelines approved by the Board, and will:

a) Raise awareness and sensitivity to potential acts of harassment, bullying, and discrimination;

b) Address social patterns of harassment, bullying, and discrimination and the effects on students;

c) Inform employees on the identification and mitigation of harassment, bullying, and discrimination;

d) Enable employees to prevent and respond to incidents of harassment, bullying, and discrimination;

e) Make school employees aware of the effects of harassment, bullying, cyberbullying, and discrimination on students;

f) Provide strategies for effectively addressing problems of exclusion, bias, and aggression;

g) Include safe and supportive school climate concepts in curriculum and classroom management; and

h) Ensure the effective implementation of school policy on conduct and discipline.

Rules against harassment, bullying, and discrimination will be included in the Code of Conduct, publicized District-wide, and disseminated to all staff and parents or persons in parental relation. Any amendments to the Code of Conduct will be disseminated as soon as practicable following their adoption. The District will provide new employees with a complete copy of the current Code of Conduct upon beginning their employment, and distribute an age-appropriate summary to all students at a school assembly at the beginning of each school year.

 

Reports and Investigations of Harassment, Bullying, or Discrimination

The District encourages and expects students who have been subjected to harassment, bullying, or discrimination; parents or persons in parental relation whose children have been subjected to this behavior; other students who observe or are told of this behavior; and all District staff who become aware of this behavior to timely report it to the principal, Superintendent, DAC, or designee.

The principal, Superintendent, DAC, or designee will lead or supervise a timely and thorough investigation of all reports of harassment, bullying, and discrimination. The DAC or other individual conducting the investigation may seek the assistance of the District's Civil Rights Compliance Officer in investigating, responding to, and remedying complaints.

In the event an investigation verifies that harassment, bullying, or discrimination occurred, the District will take prompt action reasonably calculated to end it, to eliminate any hostile environment, to create a more positive school culture and climate, to prevent recurrence of the behavior, and to ensure the safety of the student or students against whom the harassment, bullying, or discrimination was directed.

The Superintendent, principal, DAC, or designee will notify the appropriate local law enforcement agency when there is a reasonable belief that an incident of harassment, bullying, or discrimination constitutes criminal conduct.

The District will timely collect information related to incidents involving harassment, bullying, and discrimination; provide required internal reports; and complete and submit any required report to the State Education Department in the manner and within the timeframe specified by the Commissioner.

 

Prohibition of Retaliatory Behavior (Whistle-Blower Protection)

Any person who has reasonable cause to suspect that a student has been subjected to harassment, bullying, or discrimination by an employee or student on school grounds or at a school function, and who acts reasonably and in good faith in reporting it to school officials, the Commissioner of Education, or law enforcement authorities, or who otherwise initiates, testifies, participates, or assists in any formal or informal proceedings, will have immunity from any civil liability that may arise from making that report, or from initiating, testifying, participating, or assisting in those proceedings. The District also prohibits any retaliatory behavior directed against any complainant, victim, witness, or any other individual who participated in the reporting or investigation of an incident of alleged harassment, bullying, or discrimination.

 

Publication of District Policy

At least once during each school year, all school employees, students, and parents or persons in parental relation will be provided with a written or electronic copy of this policy, or a plain-language summary of it. The policy or summary will include information relating to how students, parents or persons in parental relation, and school employees may report harassment, bullying, or discrimination. Additionally, the District will strive to maintain a current version of this policy on its website at all times.

 

Application

Nothing in this policy or its implementing regulations should be interpreted to preclude or limit any right or cause of action provided under any local, state, or federal ordinance, law, or regulation, including, but not limited to, any remedies or rights available under the Individuals with Disabilities Education Act, Title VII of the Civil Rights Law of 1964, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.

 

Education Law §§ 10-18, 801-a, 2801, and 3214

8 NYCRR § 100.2

 

NOTE:      Refer also to Policies  #1330 -- Appointments and Designations by the Board

#3410 -- Code of Conduct

#3420 -- Non-Discrimination and Anti-Harassment in the District

#5670 -- Records Management

#6411 -- Use of Email in the District

#7551 -- Sexual Harassment of Students

#7552 -- Student Gender Identity

#7553 -- Hazing of Students

#8242 -- Civility, Citizenship and Character Education/Interpersonal Violence Prevention Education

Policy References

 

7000 - STUDENTS

7551 SEXUAL HARASSMENT OF STUDENTS

Last Updated Date: 10/12/2021

Overview

The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses sexual harassment of students. It is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment.

Consistent with this commitment and in accordance with law and regulation, the District prohibits all forms of sexual harassment of students by any individual on school property and at school functions which, for purposes of this policy, 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.

The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of sexual harassment of students. The District will promptly respond to reports of sexual harassment of students, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.

Inquiries about this policy may be directed to the District's Civil Rights Compliance Officer(s) (CRCO(s)), Title IX Coordinator(s), and/or the Dignity Act Coordinator(s) (DAC(s)).

 

What Constitutes Sexual Harassment

Sexual harassment is a form of sex discrimination and is unlawful. It includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment can occur between any individuals, regardless of their sex or gender.

Generally stated, sexual harassment consists of subjecting an individual to unwelcome conduct which is either of a sexual nature or which is directed at an individual because of that individual's sex.

This conduct may, among other things, have the purpose or effect of: creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with a student's educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting a student's educational opportunities. Petty slights or trivial inconveniences generally do not constitute harassing conduct.

Determinations as to whether conduct or an incident constitutes sexual harassment will be made consistent with applicable law and regulation, as well as any applicable District policy, regulation, procedure, or other document such as the District's Code of Conduct. The examples below are intended to serve as a general guide for individuals in determining what may constitute sexual harassment. These examples should not be construed to add or limit the rights that students possess as a matter of law.

 

Examples of Sexual Harassment

Sexual harassment can be verbal, non-verbal, or physical. Examples of this conduct may include, but are not limited to, the following:

a) Unwanted physical acts of a sexual nature, such as:

     1.Touching, pinching, patting, kissing, hugging, grabbing, brushing against another person's body, or poking another person's body; and

     2. Rape, sexual battery, molestation, or attempts to commit these assaults.

b) Engaging in sexual conduct with an individual who is unable to consent due to age, use of drugs or alcohol, intellectual disability, or other disability.

c) Unwanted sexual advances or propositions, such as:

     1. Demanding sexual favors of a student, insinuating that refusal to acquiesce to such favors will adversely affect a student's grades, references, academic or scholastic placement, and/or participation in extracurricular activities; and

     2. Subtle or obvious pressure for unwelcome sexual activities.

d) Verbal abuse or ridicule, including profanity, innuendoes, stories, and jokes that are sexual in nature and/or gender-related. This might include inappropriate sex-oriented comments on appearance, including dress or physical features.

e) Asking or commenting about an individual's sexual activities.

f) Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity, and the status of being transgender.

g) Displaying or distributing pornographic or other sexually explicit materials (print or digital) such as magazines, pictures, cartoons, etc.

h) Unwelcome staring, leering, or gesturing which is sexually suggestive in nature.

i) Unwelcome and/or offensive public displays of sexual or physical affection.

j) Clothing that reflects sexually obscene and/or sexually explicit messages, slogans, or pictures.

k) Any other unwelcome and unwanted sexually oriented and/or gender-based behavior which is sexually demeaning, belittling, intimidating, or perpetrates sexual stereotypes and attitudes.

 

Reporting Allegations of Sexual Harassment

In order for the District to enforce this policy, and to take corrective action as warranted, it is essential that students who believe that they have been a victim of sexual harassment in the school environment, as well as any other person who has knowledge of or witnesses any possible sexual harassment, immediately report the alleged conduct or incident. Reports of sexual harassment may be made orally or in writing to any District employee including, but not limited to, a teacher, building principal, CRCO, Title IX Coordinator, or DAC.

All District employees who witness or receive an oral or written report of sexual harassment must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.

Additionally, District employees must comply with reporting requirements in any other applicable District policy or document. Applicable policies or documents may include: Policy #3420 -- Non-Discrimination and Anti-Harassment in the District; Policy #3421 -- Title IX and Sex Discrimination; Policy #7550 -- Dignity for All Students; and the District's Code of Conduct.

 

Grievance Process for Complaints of Sexual Harassment

The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of sexual harassment of students and will promptly take appropriate action to protect students from further sexual harassment.

Various District policies and documents address sexual harassment of students. These policies and documents may include: Policy #3420 -- Non-Discrimination and Anti-Harassment in the District; Policy #3421 -- Title IX and Sex Discrimination; Policy #7550 -- Dignity for All Students; and the District's Code of Conduct. All complaints will be handled in accordance with the applicable District policies and/or documents.

The determination as to which District policies and/or documents are applicable is fact specific, and the CRCO may work with other District staff such as the District's Title IX Coordinator(s) and/or DAC(s) to determine which District policies and/or documents are applicable to the specific facts of the complaint.

If an investigation reveals that sexual harassment has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable law and regulation, as well as any applicable District policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District's Code of Conduct.

 

 

Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)

The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of sexual harassment.

Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.

Where appropriate, follow-up inquiries will be made to ensure that the sexual harassment has not resumed and that those involved in the investigation have not suffered retaliation.

 

Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq.

Title IV of the Civil Rights Act of 1964, 42 USC § 2000c et seq.

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

34 CFR Parts 106 and 270

45 CFR Part 86

Civil Rights Law § 40-c

Education Law §§ 10-18, 313, 2801, and 3201-a

New York State Human Rights Law, Executive Law § 290 et seq.

8 NYCRR § 100.2

9 NYCRR § 466 et seq.

 

NOTE:Refer also to Policies #3410 -- Code of Conduct

 #3420 -- Non-Discrimination and Anti-Harassment in the District

 #3421 -- Title IX and Sex Discrimination

 #7550 -- Dignity for All Students

 #7553 -- Hazing of Students

 District Code of Conduct

 

Policy References

Civil Rights Act of 1991, 42 United States Code (USC) Section 1981(a)
Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq.
34 Code of Federal Regulations (CFR) Section 100 et seq.
Education Law Section 2801(1)
OCR Dear Colleague Letter, April 4, 2011

7000 - STUDENTS

7552 STUDENT GENDER IDENTITY

Adoption Date: 06/14/2022

All students need a safe and supportive educational environment to progress academically and developmentally. The District is committed to fostering a safe learning environment for all students, free from discrimination and harassment on the basis of sex, gender, gender identity, gender nonconformity, and gender expression. In accordance with applicable law, regulations, and guidelines, the District will ensure that students have equal access to all District programs, facilities, and activities. The District will assess and address the specific needs of each student on a case-by-case basis.

 

Key Terms 

"Assigned sex at birth" means the sex designation, usually male or female, assigned to a person when they are born. 

"Cisgender" means a person whose gender identity corresponds to their assigned sex at birth. 

"Gender" means actual or perceived sex and includes a person's gender identity or expression.

"Gender expression" means the ways in which a person conveys their gender identity to others, such as through behavior, appearance, clothing, hairstyle, activities, voice, and mannerisms.

"Gender identity" means a person's inner sense or psychological knowledge of being male, female, neither, or both.

"Gender nonconforming" (GNC) means someone whose gender identity or gender expression does not conform to social or stereotypical expectations of a person with that gender assigned at birth. This is also referred to as gender variant or gender atypical.

"Transgender" means someone whose gender identity is different than their assigned sex at birth.

"Transition" means the process by which a person socially and/or physically aligns their gender expression more closely to their gender identity than their assigned sex at birth.

 

Records

Following the submission of a name change order or other documentation of name change for any current or past student, the District will update the student's name on any document or record issued or maintained by the District. The District will update any current or past student's gender upon submission of any form of government identification. 

For any current or past student who has not officially changed their name or gender, the District will, upon request, update its records to reflect the student's asserted name and/or gender. However, the District will continue to use the student's legal name and gender in certain circumstances such as state standardized tests, certain reports to the New York State Education Department (NYSED), and when necessary to ensure appropriate and coordinated medical care. Any student identification cards will be issued with the name reflecting the gender identity the student consistently asserts at school.

The District will maintain the confidentiality of student information and records as required by law. Further, any records with a student's assigned birth name and gender will be maintained in a separate, confidential file.

 

Names and Pronouns

When apprised of a student's transgender or GNC status, the District will endeavor to engage the student and their parents or guardians, as appropriate, in an effort to agree upon a plan that will accommodate the student's individual needs at school. Transgender and GNC students have the right to discuss and convey their gender identity and expression openly and to decide when, with whom, and how much to share this confidential information. The plan may therefore include when and how to initiate the student's preferred name and associated pronoun use and if, when, and how this is communicated to others. District staff will use the name and pronoun that corresponds to the gender identity the student consistently asserts at school.

 

Restrooms and Locker Rooms 

The District will allow a transgender or GNC student to use the restroom and locker room that corresponds to the student's consistently expressed gender identity at school. Any student requesting increased privacy or other accommodations when using bathrooms or locker rooms will be provided with a safe and adequate alternative, but they will not be required to use that alternative. Additionally, the District will ensure that all single-occupancy bathroom facilities are designated as gender neutral for use by no more than one occupant at a time or for family or assisted use.

 

Physical Education and Sports

Physical education is a required part of the District's curriculum. Where these classes are sex-segregated, students will be allowed to participate in a manner consistent with their gender identity. Students will likewise be allowed to participate in intramural activities consistent with their gender identity.

Upon written notification that a transgender or GNC student would like an opportunity to participate in the District's interscholastic athletics program consistent with their gender identity, the District will determine their eligibility in accordance with applicable law, regulations, and guidelines.

The District's athletic director will notify opposing team athletic directors or the New York State Public High School Athletic Association if a student needs any accommodations during competitions. Any appeal regarding the District's eligibility decision will be directed to the Commissioner of Education.

 

Other Activities

Generally, in other circumstances where students may be sex-segregated, such as overnight field trips, students may be permitted to participate in accordance with the gender identity that the student consistently asserts at school. Student privacy concerns will be addressed individually and on a case-by-case basis in accordance with District policy and applicable law, regulations, and guidelines.

 

Dress Code and Team Uniforms

Transgender or GNC students may dress in accordance with their gender identity or expression, within the parameters of the District's dress code. The District will not restrict students' clothing or appearance on the basis of gender.

 

Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g

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

34 CFR Parts 99 and 106

Civil Rights Law §§ 40-c, 64, and 67

Education Law Article 2 and §§ 2-d, 313, and 3201-a

New York State Human Rights Law, Executive Law § 290 et seq.

8 NYCRR § 100.2

 

NOTE:      Refer also to Policies #3410 -- Code of Conduct

 #3420 -- Non-Discrimination and Anti-Harassment in the District

 #3421 -- Title IX and Sex Discrimination

#5633 -- Gender Neutral Single-Occupancy Bathrooms

#7550 -- Dignity for All Students

#7551 -- Sexual Harassment of Students

#7553 -- Hazing of Students

#8242 -- Civility, Citizenship, and Character Education/Interpersonal

Violence Prevention Education

 

Adoption Date: June 14, 2022

Policy References

7000 - STUDENTS

7553 HAZING OF STUDENTS

Refer also to Policies #3410 -- Code of Conduct on School Property

#3420 -- Non-Discrimination and Anti-Harassment in the School District

#7550 -- Dignity For All Students

#7551 -- Sexual Harassment of Students

 

District Code of Conduct

The Board of Education is committed to providing a safe, productive and positive learning
environment within its schools. Hazing activities are demeaning and abusive behaviors that harm victims, are inconsistent with the educational goals of the District, and may constitute criminal conduct. Hazing of a student by another student or group of students is strictly prohibited on school property; in school buildings; on school buses; by school sponsored groups, clubs or teams; and at school sponsored events and/or activities whether occurring on or off-campus. Hazing is prohibited regardless of the victim's apparent willingness to participate in the activity.

The Board of Education prohibits hazing.  The Board of Education shall require the range of possible intervention activities and/or sanctions for such misconduct to be included in the District Code of Conduct for all grade levels.

For purposes of this policy, the term 'hazing' is defined as any humiliating or dangerous activity expected of a student to join a group, regardless of their willingness to participate. Acts constituting hazing may range in severity from teasing or embarrassing a student to various forms of physical, emotional, and/or sexual abuse. Hazing behaviors include, but are not limited to:

a) Humiliation: socially offensive, isolating or uncooperative behaviors.

b) Substance abuse: abuse of tobacco, tobacco products, alcohol or illegal drugs. 

c) Other dangerous actions: hurtful, aggressive, destructive, and disruptive behaviors.

Hazing is a form of harassment and bullying, as those terms are defined for the purposes of Policy #7550 -- Dignity for All Students, and may constitute discrimination. As such, the District's response to reports of hazing will be governed by applicable law, the District's Code of Conduct, and Policy #7550 and its implementing regulations. In the event allegations involve hazing based on a student's race, color, religion, national origin, sex, sexual orientation, or disability, the District may utilize the procedures set forth in Policy #3420 -- Non-Discrimination and Anti-Harassment in the School District, and its implementing regulations. 

Policy References

Education Law Sections 1709-a, 2503-a, and 2801
Penal Law Sections 120.16 and 120.17
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2

7000 - STUDENTS

7560 NOTIFICATION OF SEX OFFENDERS

In accordance with the Sex Offender Registration Act ('Megan's Law'), the Board of Education supports the New York State Department of Criminal Justice Services (DCJS) in its effort to inform the  community in certain circumstances of the presence of individuals with a history of sex offenses, particularly against children, in the school locality. This policy is enacted in order to minimize the possibility that the sex offender will come in contact with school-age children, and to assist law enforcement agencies in preventing further criminal activity from occurring.

Furthermore, the District shall cooperate with local police authorities and the local community in promoting and protecting the safety and well being of its students.

It is the policy of the Board of Education to disseminate all information which the District receives from local police authorities in conjunction with Megan's Law to designated staff members who might have possible contact with the offender during the course of their school duties including, but not limited to, Building Principals, supervisors, teachers, office personnel, coaches, custodians, bus drivers, and security personnel. The Superintendent reserves the right to automatically disseminate such information to additional members of the staff, designated supervisors of non-school groups that regularly use District facilities and have children in attendance, parents/guardians of District students, and other community residents who, in the opinion of the Superintendent, have an immediate need to be notified of such data in order to protect the safety of our students.  The District may also choose to provide information to community residents through a link on the District's website to New York State's online Sex Offender Registry.

All staff members shall be informed of the availability of the information received by the District pursuant to Megan's Law upon written request to the applicable Building Principal/designee or supervisor. Staff members shall inform their immediate supervisor if they observe within the school building, on school grounds, at school activities, or at or near bus routes any individual whose description matches the information which was provided to the District by local law enforcement authorities. Such law enforcement officials will be notified of this information by the District as appropriate.

Information that is disseminated to the School District pursuant to Megan's Law may be disclosed or not disclosed by the District in its discretion. Any information which the School District receives regarding a sex offender from a source other than the Sex Offender Registry, and which is maintained independent of the requirements of Megan's Law, will be available from the District, upon written request, in accordance with the requirements of the Freedom of Information Law.

Special Circumstances Whereby Sex Offenders May Enter Upon School Grounds

As a mandatory condition of the sentence for sex offenders placed on probation or conditional discharge whose victim was under the age of eighteen (18) or who has been designated a Level 3 sex offender, the court requires that such sentenced offender refrain from knowingly entering into or upon school grounds or any other facility or institution primarily used for the care or treatment of persons under the age of 18 (eighteen) while one or more of such persons are present.

However, by exception, a sex offender may enter school grounds or facility with the written authorization of his/her parole officer and the Superintendent for limited authorized purposes.  Entrance upon the premises is subject to the following conditions:

a) The offender is a registered student, participant or employee of the facility;

b) The offender is an employee of an entity contracted by the facility;

c) The offender has a family member enrolled in the facility; or

d) If the school is the offender's designated polling place and he/she enters solely to vote.

Implementation

Administrative regulations shall be developed to implement this policy. 

Policy References

Administrative regulations shall be developed to implement this policy.
Correction Law Article 6-C
Executive Law 259-c(14)
Penal Law 65.10(4-a)
Public Officers Law Section 84 et seq.

7000 - STUDENTS

7570 SUPERVISION OF STUDENTS

5681 - School Safety Plans

5720 - Transportation of Students

Students working on any activity must be supervised by the teacher or staff member in charge of the activity. This applies to all in school and extracurricular activities as well as sports activities and events. Permission to hold practices or meetings must not be granted unless a teacher or staff member is definitely in charge.

a)      District personnel will be fully responsible for the supervision of all students in either their class or their after school activities.

b)     Coaches will maintain supervision over the dressing/team rooms by personally being present in the vicinity/general area during the dressing periods, although not necessarily being physically presentinthe dressing/team rooms. Coaches are responsible for the supervision of their athletes at the end of practice. This may entail bus duty, or making sure students have transportation home.

c)      Teachers and/or assigned school personnel in the elementary grades will be responsible for the playground supervision of all the children under their jurisdiction during the recess periods and before the regular afternoon sessions. The Principal will distribute the responsibility so that the playground situation will be properly controlled.

d)     Students are not to be sent on any type of errand away from the building.

e)      All teachers and staff working directly with students who have a history of wandering or elopement (i.e., the act of a student who leaves or runs away from the premises without permission or notification, often referring to students who have autism spectrum disorder or diminished cognitive impairment) will be made aware of these concerns and of any existing behavioral intervention plan formulated to prevent or respond to instances of wandering or elopement. 

Policy References

 

7000 - STUDENTS

7610 ADDITIONAL PROCEDURES FOR IDENTIFYING STUDENTS WITH LEARNING DISABILITIES

In accordance with Regulations of the Commissioner of Education, the District will
follow all applicable procedures for referral and evaluation of students suspected of having a
learning disability, including the additional requirements enumerated in Commissioner’s
Regulations Section 200.4(j) for identifying students with learning disabilities and
determining eligibility for special education.

Per Commissioner’s Regulations, learning disability means a disorder in one or more
of the basic psychological processes involved in understanding or in using language, spoken
or written, which manifests itself in an imperfect ability to listen, think, speak, read, write,
spell, or to do mathematical calculations, as determined in accordance with Section 200.4(j).

The term includes such conditions as perceptual disabilities, brain injury, minimal brain
dysfunction, dyslexia and developmental aphasia. The term does not include learning
problems that are primarily the result of visual, hearing or motor disabilities, of mental
retardation, of emotional disturbance, or of environmental, cultural or economic
disadvantage.

The individual evaluation must include information from an observation of the student
in routine classroom instruction and monitoring of the student’s performance that was either
done before the student was referred for an evaluation or from an observation of the
student’s academic performance in the regular classroom after the student has been referred
for an evaluation and parental consent is obtained.

The determination of eligibility for special education for a student suspected of having
a learning disability must be made by the Committee on Special Education (CSE), which
shall include the student’s regular education teacher and at least one person qualified to
conduct individual diagnostic examinations of students (such as a school psychologist,
teacher of speech and language disabilities, speech/language pathologist or reading teacher).
To ensure that underachievement in a student suspected of having a learning disability
is not due to lack of appropriate instruction in reading or mathematics, the CSE must, as part
of the evaluation procedures, consider whether the student has received appropriate
instruction in reading and mathematics in the regular education setting by qualified
personnel. The CSE must also consider data-based documentation of repeated assessments
of achievement at reasonable intervals.

A student may be determined to have a learning disability if, when provided with
learning experiences and instruction appropriate for the student’s age or State-approved
grade-level standards, the student performs below average in one or more of the following
areas: oral expression, listening comprehension, written expression, basic reading skills,
reading fluency skills, reading comprehension, mathematics calculation, mathematics problem solving; and the student either does not make sufficient progress when using a
process based on the student’s response to scientific, research-based intervention (Response
to Intervention) or the student exhibits a pattern of strengths and weaknesses in
performance, achievement, or both as determined by the CSE using appropriate assessments
in accordance with Commissioner’s Regulations.

Written Report/Written Certification by CSE

When determining eligibility for a student suspected of having a learning disability,
the CSE shall prepare a written report containing a statement of all the factors enumerated in
Commissioner’s Regulations.

Each CSE member must certify in writing whether the above referenced written
report reflects the member’s conclusion regarding the eligibility determination. If the report
does not reflect the member’s conclusion, the CSE member must submit a separate
statement presenting his/her conclusions.

Policy References

8 New York Code of Rules and Regulations
(NYCRR) Sections 100.2(ii), 200.1(pp),
200.1(zz)(6), 200.4(b), 200.4(c), 200.4(j),
and 200.5(b)

7000 - STUDENTS

7612 GROUPING BY SIMILARITY OF NEEDS

The Board of Education will provide appropriate special education and related
services to students with disabilities. For those students for whom an appropriate
education requires that they be placed together for purposes of special education, the
following guidelines shall apply:

a) That each student with a disability shall be identified, evaluated and placed as
determined by the Committee on Special Education (CSE).

b) The CSE shall determine measurable written goals, including academic and
functional goals, for each student with a disability by considering the special
and individual needs of each student with a disability. Short-term instructional
objectives and/or benchmarks must accompany each goal for preschool
students, as well as those students who qualify for the NYSAA (NYS
Alternate Assessment).

c) The CSE shall recommend to the Board of Education appropriate educational
programs and services for each student with a disability based upon the CSE

d) The CSE shall provide information to those teachers and professionals who
arrange instructional groups for students with disabilities. Information shall
include physical, psychological and social information as well as achievement
test results.

e) The curriculum and instruction provided to students with disabilities who are
grouped by similarity of needs shall be consistent with the individual needs of
each student in the group.

f) Students with disabilities may be grouped according to:

Academic achievement, functional performance and learning
characteristics;

Social development;

Physical development; and

Management needs.

g) When grouping students by similarity of needs, the social needs or physical
development of a student shall not be the sole determinant for placement of a
student in a special education program.

h) The management needs of such students may vary, provided that
environmental modifications, adaptations, or human or material resources
required to meet the needs of any one student in the group are provided and do not consistently detract from the opportunities of other students in the group to
benefit from instruction. 

Policy References

8 New York Code of Rules and
Regulations (NYCRR) Sections
200.1(ww), 200.2(b)(3), 200.4(d) and
200.6(a)(3)

7000 - STUDENTS

7613 THE ROLE OF THE BOARD IN IMPLEMENTING A STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM

Refer also to Policies #7631 -- Appointment and Training of Committee on Special

Education (CSE)/Subcommittee on Special Education

Members

#7632 -- Appointment and Training of Committee on Preschool

Special Education (CPSE) Members

The Board of Education shall establish at least one Committee on Special Education (CSE) and
one Committee on Preschool Special Education (CPSE). The Board shall also establish, as necessary, Subcommittees on Special Education to ensure timely evaluation and placement of students with disabilities.

Committee on Special Education

The Board of Education shall, upon completion of its review of the recommendations of the
CSE, arrange for the appropriate special education programs and services to be provided to a student with a disability. The Board shall notify the parent/guardian of its action in accordance with federal and state law and regulations.

For a student not previously identified as having a disability, the CSE shall provide a
recommendation to the Board which shall arrange for the appropriate special education programs and services to be provided within sixty (60) school days of the date of receipt of consent to evaluate. For a student with a disability referred for review, a recommendation shall be provided to the Board which shall arrange for the appropriate special education programs and services to be provided within sixty (60) school days of the referral for review. However, if such recommendation of the CSE is for placement in an approved in-state or out-of-state private school, the Board shall arrange for such special education programs and services for students with disabilities within thirty (30) school days of the Board's receipt of the recommendation of the CSE.

If on review of the recommendation of the CSE, the Board of Education disagrees with such
recommendation, the Board shall follow one of the following procedures:

a) The Board may remand the recommendation to the CSE with a statement of the Board's
objections or concerns and a request that a timely meeting be held to review and consider
such objections or concerns. The CSE shall consider the Board's objections or concerns,
revise the individualized education program (IEP) where appropriate, and resubmit a
recommendation to the Board. If the Board continues to disagree with the recommendation
of the CSE, the Board may continue to remand the recommendation to the original
committee for additional reviews of its objections or concerns, or establish a second CSE to
develop a new recommendation in accordance with the following paragraph, provided that
the Board arranges for the programs and services in accordance with the student's IEP
within the timelines as outlined above; or, in the alternative,

b) The Board may establish a second CSE to develop a new recommendation for the student.
If the Board disagrees with such new recommendation, the Board may remand the
recommendation to the second CSE with a statement of the Board's objections or concerns
and a request that a timely meeting be held to review and consider such objections or concerns. 

The second CSE shall consider the Board's objections or concerns, revise the IEP
where appropriate, and resubmit a recommendation to the Board. If the Board continues to
disagree with the recommendation of the second CSE, the Board may continue to remand
the recommendation for additional reviews of its objections or concerns by the second
CSE, provided that the Board arranges for the programs and services in accordance with
the student's IEP, as developed by the second CSE, within the timelines as outlined above.
Pursuant to Commissioner's Regulations, the Board may not select the recommendation of the
original CSE once it has established a second CSE.

The Board shall provide the student's parents/guardians with written notice and a copy of the
statement of its objections or concerns and notice of due process rights in accordance with Section 200.5 of the Regulations of the Commissioner.

Committee on Preschool Special Education (CPSE)

Upon receipt of the recommendation of the Committee on Preschool Special Education (CPSE),
the Board of Education shall arrange for the preschool student with a disability to receive such
appropriate programs and services in accordance with the student's IEP, commencing with the July, September or January starting date for the approved program, unless such services are recommended by the CPSE less than thirty (30) school days prior to, or after, the appropriate starting date selected for the preschool student with a disability; in that case, such services shall be provided no later than thirty (30) days from the recommendation of the CPSE.

If the Board disagrees with the recommendation of the CPSE, the Board shall send the
recommendation back to the CPSE with notice of the need to schedule a timely meeting to review the Board's concerns and to revise the IEP as deemed appropriate. The Board of Education shall provide such notice as required by federal and state law and regulations.

Subcommittee on Special Education

The number of Subcommittees on Special Education will be determined by the CSE and the CSE
will be responsible for the oversight and monitoring of the activities of each subcommittee to assure compliance with the requirements of applicable state and federal laws and regulations.

Each Subcommittee may perform the functions for which the CSE is responsible, except:

a) When a student is considered for initial placement in a special class; or

b) When a student is considered for initial placement in a special class outside of the student's
school of attendance; or

c) When a student is considered for placements in a school primarily serving students with
disabilities or a school outside the District.

Subcommittees shall report annually to the CSE regarding the status of each student with a
disability within its jurisdiction. Upon receipt of a written request from the parent or person in parental relation to a student, the Subcommittee shall refer to the CSE any matter in which the parent disagrees with the Subcommittee's recommendation concerning a modification or change in the identification, evaluation, educational placement or provision of a free appropriate education to the student. 

Policy References

Education Law Sections 4402 and 4410
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.2(d)(1), 200.4(c), 200.4(d), 200.5 and
200.16(e)

7000 - STUDENTS

7614 PRESCHOOL SPECIAL EDUCATION PROGRAM

Refer also to Policies #7611 - Children with Disabilities

#7632 - Appointment and Training of Committee on

Preschool Special Education (CPSE) Members

The Board recognizes the need for educational programs for three (3) and four (4) year
old children with disabilities and directs that administrative practices and procedures be
developed to:

a) Ensure the timely evaluation and placement of each preschool child with a
disability residing in the District so the child has the opportunity to participate in
preschool programs.

b) Establish a Committee on Preschool Special Education (CPSE) which shall be
comprised in accordance with applicable federal and state law and regulation.

c) Ensure that parents have received and understand the request for consent for
evaluation and re-evaluation of a preschool aged child.

Evaluations for Preschool Children with Disabilities

The District is required to collect entry assessment data in the three (3) outcome areas
on all preschool children who receive an initial evaluation. As currently required by
Commissioner's Regulation Section 200.5, a parent must be fully informed about the
proposed initial evaluation and must provide consent for an initial evaluation. This would
include a description of the proposed evaluation.

The CPSE will receive entry-level assessment results in the three (3) outcome areas
from approved preschool evaluators conducting initial evaluations on all preschool children
suspected of having disabilities. The CPSE will then meet to determine the child's eligibility
for preschool education programs and/or services and complete the Child Outcomes
Summary Form to determine the child's entry level of functioning in the three (3) outcome
areas for all preschool children evaluated and found to be eligible. The form is be kept in the
student's record until the exit assessment information is due as a way to summarize complex
assessment information in a format so that the data can be aggregated and reported to the
State Education Department (SED).

If the committee recommends placing a child in an approved program that also conducted an evaluation of such child, it shall indicate in writing that such placement is an appropriate one for the child. In addition, the committee shall provide notice to the Commissioner of such recommendation.

Policy References

Individuals with Disabilities Act (IDEA), 20 United
States Code (USC) Section 1400 et seq.
Education Law Section 4410
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.2(b)(2), 200.2(b)(5) and 200.5

7000 - STUDENTS

7615 LEAST RESTRICTIVE ENVIRONMENT

Least restrictive environment means that placement of students with disabilities in
special classes, separate schools or other removal from the regular educational
environment occurs only when the nature or severity of the disability is such that even
with use of supplementary aids and services, education in regular classes cannot be
satisfactorily achieved. The placement of an individual student with a disability in the
least restrictive environment shall:

a) Provide the special education and related services, as well as supplementary
aids and services, needed by the student. The term 'related services' does not
include a medical device that is surgically implanted, the optimization of the
device's functioning (e.g, mapping), maintenance of, or the replacement of
such device;

b) Provide for education of the student to the maximum extent appropriate to the
needs of the student with other students who do not have disabilities; and

c) Be as close as possible to the student's home.

The District has an obligation, pursuant to law and regulation, to educate students
with disabilities in the least restrictive environment. The School District shall ensure that:

a) Placement is based on the student's individualized education program and
determined at least annually;

b) Placement is as close as possible to the student's home, and unless the
student's individualized education program requires some other arrangement,
the student shall be educated in the school he/she would have attended if not
disabled;

c) In selecting the least restrictive environment, consideration will be given to
any potential harmful effect on the student or on the quality of services that
he/she needs; and

d) A student with a disability will not be removed from education in ageappropriate
regular classrooms solely because of needed modifications in the
general education curriculum.

The District shall ensure that a continuum of alternative placements, in accordance
with law and/or regulation, will be available to meet the needs of students with
disabilities. To enable students with disabilities to be educated with nondisabled students
to the maximum extent appropriate, specially designed instruction and supplementary
services may be provided in the regular class, including, as appropriate, related services,
resource room programs and special class programs within the general education
classroom. 

Policy References

Individuals with Disabilities Education Act (IDEA) 20
United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations (NYCRR)
Sections 100.5, 100.9, 200.1(cc), 200.1(qq), 200.2(b),
200.4 and 200.6

7000 - STUDENTS

7616 PREREFERRAL INTERVENTION STRATEGIES

The District will implement schoolwide approaches and prereferral interventions in order to remediate a student's performance within the general education setting prior to referral to the Committee on Special Education (CSE) for special education.  The determination of prevention and prereferral intervention strategies or services will take into consideration the student's strengths, environment, social history, language, and cultural diversity, in addition to the teacher's concerns. The District may also provide a Response to Intervention (RtI) program to eligible students that is developed in accordance with Commissioner's regulations as part of its school-wide approach to improve a student's academic performance prior to a referral for special education.

The provision of programs and/or services for students starts with consideration and implementation of instruction in the general education curriculum, with appropriate supports or modifications as may be necessary. In implementing prereferral intervention strategies, the District may utilize resources or strategies already in place for qualified students including, but not limited to, services available through Section 504 of the Rehabilitation Act of 1973 and Academic Intervention Services (AIS) as defined in Education Law and/or Commissioner's regulations. The District will ensure that there is a system in place, with qualified, appropriately certified personnel, for developing, implementing and evaluating prereferral intervention strategies.

If a student is identified as needing additional instructional support, the District will establish formal Instructional Support Teams (ISTs) in accordance with law, regulations, and District guidelines, as may be applicable, to review information from the student's work, screenings, and assessments. The IST will include representatives from general and special education as well as other disciplines and include individuals with classroom experience, who may then recommend which type of instructional support the student requires and the frequency with which he or she should receive these services or supports. The building administrator will further ensure that all staff are familiar with intervention procedures and procedures for operating an IST. Parents or persons in parental relation to students will be involved in developing prereferral strategies to address the educational needs of the child.  Additionally, the District will seek collaboration between outside agencies and the school prior to a referral of the student to the CSE in order to address necessary student support services.

District administration will also ensure that opportunities exist for collaboration between
general educators and special educators, and that consultation and support are available to teachers and other school personnel to assist parents or persons in parental relation to students and teachers in exploring alternative approaches for meeting the individual needs of any student prior to formal referral for special education.

The determination of prevention and prereferral intervention strategies/services shall consider
the student's strengths, environment, social history, language and cultural diversity in addition to the teacher's concerns. The building administrator will further ensure that all staff are familiar with intervention procedures and procedures for operating an IST and/or AIST.

Prereferral/Intervention Instructional Support Plans will be designed so as to set forth proactive strategies to meet the broad range of individual student needs and to improve student performance.  Prereferral/Intervention strategies and/or Instructional Support Plans will be reviewed and evaluated to determine their effectiveness, and modified as appropriate. Appropriate documentation of the prevention and/or intervention strategies implemented will be maintained.

If a referral be made to the CSE during the course of implementing prereferral/intervention instructional support services, the CSE is obligated to fulfill its duties and functions, and must meet mandatory time lines in evaluating the student for special education services and implementation of an individualized education program, if applicable.

Academic Intervention Services

The Board will provide to students at risk of not achieving state standards with AIS. AIS means additional instruction which supplements the instruction provided in the general education curriculum and assists students in meeting those State learning standards as defined in Commissioner's regulations and/or student support services which may include guidance, counseling, attendance, and study skills which are needed to support improved
academic performance.  The District will identify students to receive AIS through a two-step identification process set forth in Commissioner's regulations.

The District will provide AIS to students who are limited English proficient (LEP) and are determined, through uniformly applied District-developed procedures, to be at risk of not achieving state learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language.

The District has developed a description of the AIS offered to grades K-12 students in need of these services. The description includes any variations in services in schools within the District and specifically sets forth:

a)     The District-wide procedure(s) used to determine the need for AIS;

b)     Academic intervention instructional and/or student support services to be provided;

c)     Whether instructional services and/or student support services are offered during the
               regular school day or during an extended school day or year; and

d)     The criteria for ending services, including, if appropriate, performance levels that  
               students must obtain on District-selected assessments.

The District will review and revise this description every two years based on student performance results.

Parental Notification

a)     Commencement of Services: Parents or persons in parental relation to a student who 
         has been determined to need AIS will be notified in writing by the building principal. This  
         notice will be provided in English and translated into the parent's native language or  
         mode of communication, as necessary. The notice will also include a summary of the AIS 
         to be provided to the student, why the student requires these services, and the 
         consequences of not achieving expected performance levels.

b)    Ending of AIS: Parents or persons in parental relation will be notified in writing when AIS  
        is no longer needed. This notice will be provided in English and translated to the parent's  
        native language or mode of communication, as necessary.

Parents will be provided with ongoing opportunities to consult with the student's teachers and other professional staff providing AIS, receive reports on the student's progress, and information on ways to work with their child to improve achievement.

 

Policy References

Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.
Education Law Sections 3602(32), 4401 and 4401-a
8 New York Code of Rules and Regulations (NYCRR) Sections 100.1(g), 100.1(p), 100.1(r), 100.1(s), 100.1(t), 100.2(v), 100.2(dd)(4), 100.2(ee), 200.2(b)(7), 200.4(a)(2),
200.4(a)(9); 200.4(c) and Part 154

7000 - STUDENTS

7617 DECLASSIFICATION OF STUDENTS WITH DISABILITIES

Refer also to Policy #7641 -- Transition Services

The School District shall establish and implement a plan for the appropriate declassification of
students with disabilities which must include:

a) The regular consideration for declassifying students when appropriate;

b) A reevaluation of the student prior to declassification; and

c) The provision of educational and support services to the student upon declassification.

Eligibility Determinations

The School District must evaluate a student with a disability prior to determining that a student is
no longer a student with a disability as defined in accordance with Commissioner's Regulations, and the District shall provide a copy of the evaluation report and the documentation of eligibility to the student's parent. The results of any reevaluations must be addressed by the Committee on Special Education (CSE) in a meeting to review and, as appropriate, revise the student's IEP.

Prior to the reevaluation, the School District shall obtain informed written parental consent
unless otherwise authorized pursuant to law and/or regulation. Parental consent need not be obtained if the District can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parents fail to respond. The District must have a record of its attempts to obtain parental consent. Should the student's parents refuse consent for the reevaluation, the District may continue to pursue the reevaluation by using mediation and/or due process procedures.

The District shall take whatever action is necessary to ensure that the parent understands the
proceedings at the meeting of the CSE, including arranging for an interpreter for parents with deafness or whose native language is other than English.

Graduation/Aging Out

The District is not required to conduct a reevaluation of a student before the termination of a
student's eligibility due to graduation with a local high school or Regents diploma or exceeding the
age eligibility for a free appropriate public education. However, the District must provide the student with a summary (Student Exit Summary see website: (NY State Student Exit website) of the student's academic achievement and functional performance, including recommendations on how to assist the student in meeting his/her post secondary goals. In addition, parents must receive prior written notice indicating that the student is not eligible to receive a free appropriate public education after graduation with the receipt of the local high school or Regents diploma.

In accordance with Commissioner's Regulations, before a student's graduation from high school with a Skills and Achievement (SA) Commencement Credential or Career Development and Occupational Studies Commencement Credential (CDOS), parents must receive prior written notice indicating that the student continues to be eligible for a free appropriate public education until the end of the school year in which the student turns twenty-one (21) or until receipt of a regular high school diploma. However, New York State Law does not grant a child who has reached the age of majority all rights previously granted to parents under IDEA.

Recommendation for Declassification

If the student has been receiving special education services, but it is determined by CSE that the
student no longer needs special education services and can be placed in a regular educational program on a full-time basis, the recommendation shall:

a) Identify the declassification support services, if any, to be provided to the student; and/or
the student's teachers; and

b) Indicate the projected date of initiation of such services, the frequency of provision of such
services, and the duration of these services, provided that such services shall not continue
for more than one (1) year after the student enters the full-time regular education program.

Declassification Support Services

The District shall provide declassification support services for up to one year to students who
have moved from special education to a full-time regular educational program in accordance with the recommendation of the CSE.

Declassification support services means those services provided to a student or the student's teacher to aid in the student's transition from special education to full-time regular education.  These services are provided by persons certified or licensed in the appropriate area of service pursuant to Commissioner’s Regulations Part 80. Such services include:  

a) For the student, psychological services, social work services, speech and language
improvement services, noncareer counseling, and other appropriate support services; and

b) For the student's teacher, the assistance of supplementary school personnel, and
consultation with appropriate personnel.

When appropriate, the District shall provide declassification support services to students who have moved from special education to a full-time regular educational program in accordance with the recommendation of the CSE.

Procedural Safeguards Notice

The District shall use the procedural safeguards notice prescribed by the Commissioner of
Education. The District will further ensure that the procedural safeguards notice is provided in the
native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the District shall take steps to ensure that the notice is translated orally or by other means to the parent in his/her native language or other mode of communication; that the parent understands the content of the notice; and that there is written evidence that all due process procedures, pursuant to law and/or regulation, have been met. 

Policy References

Individuals with Disabilities Education Improvement Act of
2004 [Public Law 108-446 Section 614(a)]
Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations (NYCRR)
Sections 100.2(u), 100.6, 200.2(b)(8), 200.4(b)(4),
200.4(b)(5), 200.4(c)(3), 200.4(c)(4), 200.4(d)(1) and
200.5(a)

7000 - STUDENTS

7618 USE OF TIME OUT ROOMS

Last Updated Date: 06/11/2019

Adoption Date: 06/07/2007

Except as provided pursuant to 8 New York Code of Rules and Regulations (NYCRR) Section
200.22(c) as referenced below, the School District shall not employ the use of time out rooms as a means of regulating student behavior.

Pursuant to Commissioner's Regulations, a time out room is defined "as an area for a student to
safely deescalate, regain control and prepare to meet expectations to return to his/her education
program." If a time out room is to be used, it must be used in conjunction with a behavioral
intervention plan (that is designed to teach and reinforce alternative appropriate behaviors) in which a student is removed to a supervised area in order to facilitate self-control or when it is necessary to remove a student from a potentially dangerous situation and for unanticipated situations that pose an immediate concern for the physical safety of a student or others.

The District has adopted and implemented the following policy and procedures governing school
use of time out rooms as part of its behavior management approach consistent with Commissioner's Regulations, including the physical and monitoring requirements, parental rights and individualized education program (IEP) requirements for students with disabilities.

At a minimum, the use of time out rooms shall be governed by the following rules and standards:

1. The District prohibits placing a student in a locked room or space or in a room where the
   student cannot be continuously observed and supervised. The time out room shall be
   unlocked and the door must be able to be opened from the inside. The use of locked rooms
   or spaces for purposes of time out or emergency interventions is prohibited.
   Staff shall continuously monitor the student in a time out room. The staff must be able to
   see and hear the student at all times.  Under no circumstances shall a time out room in a school program be used for seclusion of the student, where the term 'seclusion' is interpreted to mean placing a student in a locked room or space or in a room where the student is not continuously observed and supervised.
2. Brighton Central School District contracts with private schools that use time out rooms.
   The use of a time out room is determined through each student's individual Behavior
   Intervention Plan.
3. The Brighton Central School District works in conjunction with private schools to
   determine the time out limitations for each child. Time out limitations are clearly indicated
   on each student's individual Behavior Intervention Plan attached to his/her IEP.

Further, a student's IEP shall specify when a behavioral intervention plan includes the use
of a time out room for a student with a disability, including the maximum amount of time a student will need to be in a time out room as a behavioral consequence as determined on an
individual basis in consideration of the student's age and individual needs.

School administration or other personnel shall be notified in the event a student is placed in
a time out room for excessive amounts of time; and such information shall be considered
when determining the effectiveness of the student's behavioral intervention plan and the
use of the time out room for the student. Whether the student requires a debriefing
following the use of a time out room shall be left to the staff knowledgeable about the
individual student.

1. Staff training on the policies and procedures related to the use of time out rooms shall
   include, but not be limited to, the following measures:
2. The Director of Student Services shall be responsible to the Superintendent
   for establishing administrative practices and procedures for training all District
   personnel responsible for carrying out the provisions of Commissioner's Regulations
   relating to the use of time out rooms, including members of the Committee on Special
   Education (CSE) and Committee on Preschool Special Education (CPSE).
3. The Director of Student Services works with the private schools to make sure
   they provide appropriate training to their staff regarding the use of time out rooms
   and procedures relating thereto.
4. Data collection to monitor the effectiveness of the use of time out rooms:
   District schools shall establish and implement procedures to document the use of time out
   rooms, including information to monitor the effectiveness of the use of the time out room
   to decrease specified behaviors. Such data would be subject to review by the State
   Education Department (SED) upon request.

Such data collection should appropriately include, but is not limited to, the following
information:

1. A record for each student showing the date and time of each use of the time out room;
2. A detailed account of the antecedent conditions/specific behavior that led to the use
   of the time out room;
3. The amount of time that the student was in the time out room; and
4. Information to monitor the effectiveness of the use of the time out room to decrease
   specified behaviors which resulted in the student being placed in the room.Information to be provided to parents

The School District shall inform the student's parents prior to the initiation of a behavioral
intervention plan that will incorporate the use of a time out room for a student, and shall
give the parent the opportunity to see the physical space that will be used as a time out
room and provide the parent with a copy of the school's policy on the use of time out
rooms.

Additionally, parents should be notified if their child was placed in a time out room.
Minimally, whenever a time out room is used as an emergency intervention pursuant to
Commissioner's Regulations Section 200.22(d), the parent shall be notified of the
emergency intervention. Such notification will be provided the same day whenever
possible.

The parent is a member of the CSE and the use of a time out room must be included on the
student's IEP. The parent receives prior notice as to the recommendations on a student's
IEP and may request due process in the event the parent does not agree with the CSE
recommendations.

Parent reports of alleged inappropriate interventions used in a time out room should be
directed to school administrators.

Physical Space Used as a Time Out Room

The physical space used as a time out room must meet certain standards:

1. The room shall provide a means for continuous visual and auditory monitoring of the
2. The room shall be of adequate width, length and height to allow the student to move about
   and recline comfortably.
3. Wall and floor coverings should be designed to prevent injury to the student, and there
   shall be adequate lighting and ventilation.
4. The temperature of the room shall be within the normal comfort range and consistent with
   the rest of the building.
5. The room shall be clean and free of objects and fixtures that could be potentially dangerous
   to a student and shall meet all local fire and safety codes. 

Policy References

Education Law Sections 207, 210, 305, 4401, 4403, and 4410
8 New York Code of Rules and Regulations (NYCRR)
Sections 19.5, 200.1, 200.4, 200.7, 200.22, and 201.2

7000 - STUDENTS

7620 STUDENTS WITH DISABILITIES PARTICIPATING IN SCHOOL DISTRICT PROGRAMS

All students with disabilities residing in the District, who are students attending
Brighton Central School District or students placed in an alternative setting by the
District, or children of preschool age, shall be provided with full access and opportunity
to participate in School District programs, including nonacademic and extracurricular
programs and activities, that are available to all other students enrolled in the public
schools of the District. Nonacademic and extracurricular programs and activities may
include counseling services, athletics, transportation, health services, recreational
activities, special interest groups or clubs sponsored by the School District, referrals to
agencies that provide assistance to individuals with disabilities and employment of
students (both by the School District and assistance in making outside employment
available).

Parents/guardians of students with disabilities, including those students placed in
out-of-District programs by the District, shall receive timely notice of such District
programs and activities.

Community Resources

The School District may compile a list of community resources (appropriate and/or helpful services that may be available outside of the school setting) and provide the information to parents or persons in parental relation of a child with a disability.  Such a list shall clearly state that these services are in addition to programs and services provided by the School District and will not be paid for by the School District.  Any member of the School District's committees or subcommittees on special education, or the School District, who, acting reasonably and in good faith, provides this information shall not be liable for such action.

Policy References

8 New York Code of Rules and Regulations
(NYCRR) Sections 200.2(b)(1) and 200.2(b)(2)
Education Law Sections 4402 and 4410

7000 - STUDENTS

7621 SECTION 504 OF THE REHABILITATION ACT OF 1973

Refer also to Policy #7550 -- Complaints and Grievances by Students

The Board of Education affirms its compliance with those sections of the Rehabilitation Act of
1973 dealing with program accessibility.

Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with
disabilities in federally assisted programs or activities solely on the basis of disability. The District
shall make its program and facilities accessible to all its students with disabilities.

The District shall also identify, evaluate and extend to every qualified student with a disability
under Section 504 a free, appropriate public education, including modifications, accommodations,
specialized instruction or related aids and services, as deemed necessary to meet their educational needs as adequately as the needs of non-disabled students are met.

The District official responsible for coordination of activities relating to compliance with Section
504 is the Director for Pupil Personnel Services. This official shall provide information, including
complaint procedures, to any person who feels his/her rights under Section 504 have been violated by the District or its officials.

Prohibition Against Disability-Based Discrimination in Accelerated Programs

The practice of denying, on the basis of disability, a qualified student with a disability the opportunity to participate in an accelerated program violates both Section 504 and Title II. A school district may not impose or apply eligibility criteria that screens out or tends to screen out a student with a disability from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary.

It is also unlawful to deny a student with a disability admission to an accelerated class or program solely because of his/her need for special education or related aids or services (i.e., related services, supplementary aids and services, program modification and supports for school personnel) or because the student has an Individualized Education Program (IEP) or a plan under Section 504.

Schools may employ appropriate eligibility requirements or criteria in determining whether to admit students, including students with disabilities, into accelerated classes or programs. Additionally, nothing in Section 504 or Title II requires schools to admit into accelerated classes or programs students with disabilities who would not otherwise be qualified for these classes or programs.

Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq.

Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq.

Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq. 

                   28 Code of Federal Regulations (CFR) Part 35

                   34 Code of Federal Regulations (CFR) Parts 104 and 300

 

 

Policy References

 

7000 - STUDENTS

7631 APPOINTMENT AND TRAINING OF COMMITTEE ON SPECIAL EDUCATION (CSE)/SUBCOMMITTEE ON SPECIAL EDUCATION MEMBERS

Committee on Special Education (CSE) Membership

The Board of Education shall appoint a Committee on Special Education (CSE) whose
membership shall include, but not be limited to, the following members:

a) The parent(s) or persons in parental relationship of the student. To ensure that one or both
parents are present at each CSE meeting, the District and the parent(s) may agree to use
alternative means of participation such as videoconferences or conference phone calls.

b) Not less than one (1) regular education teacher of such student (if the student is, or may be,
participating in the regular education environment);

c) Not less than one (1) special education teacher of the student, or, where appropriate, not
less than one (1) special education provider (i.e., related service provider) of such student;

d) A representative of the School District who is qualified to provide or administer or
supervise special education and who is knowledgeable about the general education
curriculum and about the availability of resources of the District;

e) An individual who can interpret the instructional implications of evaluation results, who
may be a CSE member selected from the regular education teacher, the special education
teacher or provider, the school psychologist, or the School District representative described
above, or a person having knowledge or special expertise regarding the student as
determined by the District;

f) A member as described in letters b) through e) of this subheading is not required to attend
the CSE meeting, in whole or in part, if the parent/person in parental relation to the student
with a disability and the School District agree, in writing not less than five (5) calendar
days prior to the meeting date, that the attendance of the member is not necessary because:

1. The member's area of the curriculum or related services is not being modified or
discussed in the meeting; or

2. The member's area of the curriculum or related services is being modified or
discussed in the meeting but, not less than five (5) calendar days prior to the meeting,
the excused member has submitted to the parents/persons in parental relation and the
CSE written input into the development of the IEP, particularly with respect to their
area of curriculum or related services; or

3. The committee member is unable to attend due to an emergency or unavoidable
scheduling conflict and the District submits the written input listed in 2. above to the
parents/persons in parental relation within a reasonable time prior to the meeting and
prior to obtaining written consent to the excusal by the parents/persons in parental
relation;

g) At the discretion of the parent or the District, other individuals who have knowledge or
special expertise regarding the student, including related services personnel as appropriate.

The determination of knowledge or special expertise shall be made by the party (parents or
School District) who invited the individual to be a member of the committee;

h) Whenever appropriate, the student with a disability. The District must invite a child with a
disability to attend the child's CSE meeting if a purpose of the meeting will be the
consideration of the postsecondary goals for the child and the transition services needed to
assist the child in reaching those goals. If the child does not attend the CSE meeting, the
District must take other steps to ensure that the child's preference and interests are
considered. To the extent appropriate, with the consent of the parent or a child who has
reached the age of majority, the District must also invite a representative of any
participating agency that is likely to be responsible for providing or paying for transition
services;

i) A school psychologist;

j) A school physician, if requested in writing at least seventy-two (72) hours prior to the
meeting by the parents of the student or the School District; and

 

An additional parent is not required to attend the meeting unless specifically requested in writing, at least seventy-two (72) hours prior to such meeting by the parents or other person in parental relation to the student in question, the student, or a member of the CSE. The parents or persons in parental relation of the student in question shall receive proper written notice of their right to have an additional parent attend any meeting of the committee regarding the student, along with a prepared statement from NYSED explaining the role of having the additional parent attend the meeting.

 

Subcommittee on Special Education Membership

The Board of Education shall appoint, as necessary, a Subcommittee on Special Education
whose membership shall include, but not be limited to, the following members:

a) The parent(s) of the student;

b) Not less than one (1) regular education teacher of such student (if the student is, or may be,
participating in the regular education environment);

c) Not less than one (1) special education teacher, of the student, or where appropriate, not
less than one (1) special education provider (i.e., related service provider) of such student;

d) A representative of the School District who is qualified to provide or administer or
supervise special education and who is knowledgeable about the general education
curriculum and about the availability of resources of the District;

e) A school psychologist, whenever a new psychological evaluation is reviewed or a change
to a program option with a more intensive staff/student ratio, as set forth in Section
200.6(f)(4) of the Regulations of the Commissioner, is considered;

f) A member as described in letters b) through e) of this subheading is not required to attend
the subcommittee meeting, in whole or in part, if the parent/person in parental relation to
the student with a disability and the School District agree, in writing not less than five (5)
calendar days prior to the meeting date, that the attendance of the member is not necessary
because:

1. The member's area of the curriculum or related services is not being modified or
discussed in the meeting; or

2. The member's area of the curriculum or related services is being modified or
discussed in the meeting but, not less than five (5) calendar days prior to the meeting,
the excused member has submitted to the parents/persons in parental relation and the
CSE written input into the development of the IEP, particularly with respect to their
area of curriculum or related services; or

3. The committee member is unable to attend due to an emergency or unavoidable
scheduling conflict and the District submits the written input listed in 2. above to the
parents/persons in parental relation within a reasonable time prior to the meeting and
prior to obtaining written consent to the excusal by the parents/persons in parental
relation;

g) At the discretion of the parent or the Committee, other individuals who have
knowledge or special expertise regarding the student, including related
services personnel as appropriate. The determination of knowledge or special
expertise shall be made by the party (parents or School District) who invited
the individual to be a member of the subcommittee;

h) An individual who can interpret the instructional implications of evaluation
results, who may be a member described in letters "b" through "g" of this
subheading; and

i) Whenever appropriate, the student with a disability.

Training

The training of qualified personnel is essential to the effective implementation of
the Regulations of the Commissioner of Education regarding the education of all students
with disabilities.

The Director of Special Education shall be responsible to the Superintendent for
establishing administrative practices and procedures for training all District personnel
responsible for carrying out the provisions of Part 200 of the Commissioner's Regulations
as well as members of the Committee on Special Education.

Alternative Means of Meeting

When conducting a meeting of the Committee on Special Education (CSE), the
parent and the representative of the District appointed to the CSE may agree to use
alternative means of meeting participation, such as videoconferences and conference
calls.

 

Policy References:
Refer also to Policies #7613 -- The Role of the Board in Implementing a
Student's Individualized Education Program
#7632 -- Appointment and Training of Committee on
Preschool Special Education Members

 

Policy References

Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300 and Section 300.321
Education Law Section 4402
8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(3), 200.3, and
200.4(d)(4)(i)(d)

7000 - STUDENTS

7632 APPOINTMENT AND TRAINING OF COMMITTEE ON PRESCHOOL SPECIAL EDUCATION (CPSE) MEMBERS

Refer also to Policies #7613 -- The Role of the Board in Implementing a

Student's Individualized Education Program

#7614 -- Preschool Special Education Program

#7631 -- Committee on Special

Education/Subcommittee on Special

Education Members

Committee on Preschool Special Education (CPSE) Membership

The Board of Education shall appoint a Committee on Preschool Special Education (CPSE)
whose membership shall include, but not be limited to, the following members:

a) The parent(s) of the preschool child. To ensure that one or both parents are present at each
CPSE meeting, the District and the parent(s) may agree to use alternative means of
participation such as video conferences or conference phone calls;

b) Not less than one (1) regular education teacher of such child (if the child is, or may be,
participating in the regular education environment);

c) Not less than one (1) special education teacher of the child or, where appropriate, not less
than one (1) special education provider (i.e., related service provider) of such child;

d) A representative of the School District who is qualified to provide, or supervise the
provision of, special education and who is knowledgeable about the general education
curriculum and about the availability of preschool special education programs and services
and other resources of the District and the municipality (who shall serve as Chairperson of
the CPSE);

e) An individual who can interpret the instructional implications of evaluation results, who
may be a member of the team selected from the regular education teacher, the special
education teacher or provider, the school psychologist, the School District representative
described above, or a person having knowledge or special expertise regarding the student
as determined by the District;

f) At the discretion of the parent or the District, other individuals who have knowledge or
special expertise regarding the child, including related services personnel as appropriate.
The determination of knowledge or special expertise shall be made by the party (parents or
School District) who invited the individual to be a member of the committee;

g) Upon parent request, an additional parent of a child with a disability who resides in the School District or a neighboring school district, and whose child is enrolled in a preschool or elementary level education program provided that such parent shall not be employed by or under contract
with the School District; and provided further that such parent shall not be
a required member unless the parents of the child or a member of the CPSE request, in writing at least seventy-two (72) hours prior to such meeting,  that the additional parent
member participate in the meeting; The parents or other person in parental relation shall receive proper written notice of their right to have an additional parent attend any meeting of the committee regarding the student along with a statement, prepared by NYSED, explaining the role of having the additional parent attend the meeting;

h) For a child's transition from early intervention programs and services (Infant and Toddler
Programs), at the request of the parent/person in parental relation, the appropriate
professional designated by the agency that has been charged with the responsibility for the
preschool child. This professional must attend all meetings of the CPSE conducted prior to
the child's initial receipt of services; and

i) A representative from the municipality of the preschool child's residence. Attendance of the
appointee of the municipality is not required for a quorum.

However, except for the parents/persons in parental relation and the appointee from the
municipality ( a) and i) above) a member of the CPSE is not required to attend a meeting of the team in whole or in part if the parent/person in parental relation and the District agree in writing that the attendance is not necessary because the member's area of the curriculum or related services is not being modified or discussed at that meeting.

Additionally, a member as described in letters b) through h) of this subheading may be excused
from attending the CPSE meeting, in whole or in part, if the parent/person in parental relation to the student with a disability and the School District agree, in writing to the excusal not less than five (5) calendar days prior to the meeting date, that the attendance of the member is not necessary because:

a) The member's area of the curriculum or related services is being modified or discussed in
the meeting but, not less than five (5) calendar days prior to the meeting, the excused
member has submitted to the parents/persons in parental relation and the CSE written input
into the development of the IEP, particularly with respect to their area of curriculum or
related services; or

b) The committee member is unable to attend due to an emergency or unavoidable scheduling
conflict and the District submits the written input listed in a) above to the parents/persons
in parental relation within a reasonable time prior to the meeting and prior to obtaining
written consent to the excusal by the parents/persons in parental relation.

Training

The training of qualified personnel is essential to the effective implementation of the Regulations
of the Commissioner of Education regarding the education of all students with disabilities.

The Director of Special Education shall be responsible to the Superintendent for establishing
administrative practices and procedures for training all District personnel responsible for carrying out the provisions of Part 200 of the Commissioner's Regulations as well as members of the Committee on Preschool Special Education.

Alternative Means of Meeting

When conducting a meeting of the Committee on Preschool Special Education
(CPSE), the parent and the representative of the District appointed to the CPSE may
agree to use alternative means of meeting participation, such as videoconferences and
conference calls.

Policy References

Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Section 4410
8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(3) and 200.3

7000 - STUDENTS

7640 STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP):  DEVELOPMENT AND PROVISION

Refer also to Policy #7619 - Use of Time Out Rooms

Development of Individualized Education Program

The Board of Education directs that the Committee on Special Education (CSE) or Committee
on Preschool Special Education (CPSE) shall have prepared a written statement (program) for each child with a disability.

Such an Individualized Education Program (IEP) will be developed by the CSE or CPSE upon
referral, and reviewed or revised, whichever is appropriate, for every child with a disability at least
annually or in the event that the program no longer appears to be appropriate to meet the student's needs and ability level.

The District shall ensure that each student with a disability has an IEP in effect at the beginning
of each school year.

Functional Behavioral Assessments/Behavioral Intervention Plans

A functional behavioral assessment (FBA) is an integral part of the evaluation and reevaluation
of a student with a disability which should be used throughout the process of developing, reviewing and revising a student's IEP when the student's behavior impedes learning of the child or others. The FBA is the process of determining why a student engages in challenging behavior and how the student's behavior relates to the environment.

The FBA provides a baseline of the student's problem behaviors with regard to frequency,
duration, intensity and/or latency across activities, settings, people and times of the day and includes:

a) The identification of the problem behavior,

b) The definition of the behavior in concrete terms,

c) The identification of the contextual factors that contribute to the behavior (including
cognitive and affective factors), and

d) The formulation of a hypothesis regarding the general conditions under which a behavior
usually occurs and probable consequences that serve to maintain it.

The CSE/CPSE will ensure that functional behavioral assessments, when appropriate, are
conducted and reviewed to:

a) Identify supplementary aids and services, modifications and/or related services appropriate
to address the identified behaviors to promote the student's involvement and progress in the
general curriculum;

b) Determine a student's eligibility for special education services;

c) Develop the IEP which includes behavioral goals and objectives and positive behavioral
supports and strategies.

In the case of a student whose behavior impedes his or her learning or that of others, the
CSE/CPSE shall consider strategies, including positive behavioral interventions and supports and
other strategies to address that behavior. The need for a behavioral intervention plan (BIP) shall be documented on the IEP and such plan shall be reviewed at least annually by the CSE/CPSE. In
addition, regular progress monitoring of the frequency, duration and intensity of the behavioral
interventions shall be conducted at scheduled intervals, documented and reported to the parents and CSE/CPSE.

A behavioral intervention plan may not include the use of aversive interventions or time out
rooms except in accordance with specific Board policy regulating these techniques.

Individual Evaluations

Parental consent must be provided for an initial evaluation. If such consent is not received within
thirty (30) calendar days of receipt of the referral, the CSE/CPSE Chairperson will document all
attempts made to obtain the consent and, if appropriate, advise the Board of its right to utilize the due process procedures to conduct an evaluation without parental consent.

Unless a referral is withdrawn, an individual evaluation at no cost to the parent will be
completed by the CSE/CPSE within sixty (60) calendar days after written parental consent has been obtained or a parental refusal to consent is overridden, unless:

a) An extension is mutually agreed to by the parent and the CSE/CPSE for the following
situations:

1. Transfer students: A student enrolls in the District after sixty (60) days and prior to a
determination by the student's previous school district as to whether the student has a
disability, but only if the new school district is making sufficient progress to ensure a
prompt completion of the evaluation and the parent and the new district agree to a
specific timeframe for completion; or

2. Students suspected of having learning disabilities; or

b) The parent or student repeatedly fails or refuses to produce the student for evaluation.

No student shall be required to obtain a prescription for a drug or other substance identified as a
controlled substance by the federal Controlled Substances Act as a condition of receiving an
evaluation.

The individual evaluation will include a variety of assessment tools and strategies, including
information provided by the parent. The purpose of the evaluation is to gather relevant functional,
developmental and academic information that may assist in determining whether the student is a
student with a disability and the content of the student's IEP. This shall include information relating to enabling the student to participate and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities.)

As part of any evaluation, a group that includes the CSE/CPSE and other qualified professionals,
as appropriate, shall review existing evaluation data on the student including evaluations and
information provided by the parents of the student, current classroom-based assessments, local or state assessments, classroom-based observations, and observations by teachers and related services providers. In addition, the group will consider information about the student's physical condition, social or cultural background, and adaptive behavior.

On the basis of that review, and input from the student's parents, the group shall identify what
additional data, if any, are needed to determine:

a) Whether the student has or continues to have a disability;

b) The present levels of academic achievement and related developmental needs of the
student, including:

1. Academic achievement, functional performance, and learning characteristics;

2. Social development;

3. Physical development; and

4. Management needs.

c) In the case of a reevaluation of a student, whether the student continues to need special
education; and

d) Whether any additions or modifications to the special education services are needed to
enable the student to meet the measurable annual goals set out in the IEP of the student and
to participate, as appropriate, in the general education curriculum.

If additional data are not needed, the District must notify the parents of that determination and
the reasons for it and of the right of the parents to request an assessment to determine whether, for purposes of services provided in accordance with law and Commissioner's Regulations, the student continues to be a student with a disability and to determine the student's educational needs. The District is not required to conduct the assessment unless requested to do so by the student's parents.

The determination that a student has a learning disability will be made in accordance with the
procedures outlined in Section 200.4(j) of Commissioner's Regulations.

Individual Re-evaluations

A Committee on special Education (CSE/CPSE) shall arrange for an appropriate re-evaluation
of each student with a disability:

a) If the District determines that the educational or related services needs, including improved
academic achievement and functional performance of the student warrant re-evaluation;

b) If the student's parent or teacher request a re-evaluation;

c) At least once every three (3) years, unless the District and the parent/person in parental
relation agree in writing that such re-evaluation is unnecessary.

A re-evaluation shall not be conducted more frequently than once a year unless the parent and
the District representative appointed to the CSE/CPSE agree otherwise.

The re-evaluation will be conducted by a multi-disciplinary team or group of persons, including
at least one teacher or other specialist with knowledge in the area of the student's disability. The reevaluation shall be sufficient to determine the student's individual needs, educational progress and achievement, the student's ability to participate in instructional programs in regular education and the student's continuing eligibility for special education. The results of any re-evaluations must be addressed by the CSE/CPSE in reviewing, and as appropriate, revising the student's IEP.

To the extent possible, the District shall encourage the consolidation of re-evaluation meetings
for the student and other CSE/CPSE meetings for the student.

Amendments to the IEP

Amendments to the IEP made after the annual review by the CSE/CPSE may be made by
reconvening the CSE/CPSE and rewriting the IEP or by developing a written document to amend or
modify the student's current IEP, provided that:

a) The parents/persons in parental relation request an amendment to the IEP and the District
and parents/persons in parental relation agree to the amendment in writing; or

b) The District provides the parents/persons in parental relation a written proposal to amend a
provision or provisions of the IEP conveyed in language understandable to the
parents/persons in parental relation in their native language or other dominate mode of
communication, informs and allows the parents/persons in parental relation the opportunity
to consult with the appropriate personnel or related service providers concerning the
proposed changes, and the parents/persons in parental relation agree in writing to the

If the parents/persons in parental relation agree to amend the IEP without a meeting, they shall
be provided prior written notice (notice of recommendation) of the changes to the IEP and the
Committee notified of the changes. If the changes are made by rewriting the entire IEP, the District shall provide the parents/persons in parental relation a copy of the rewritten IEP. If the amendment is made without rewriting the entire document, the District shall provide a copy of the document that amends the IEP or, upon request, a revised copy of the entire IEP with the amendments incorporated.

Use of Recording Equipment at IEP Meetings

The Board of Education shall allow recording equipment to be used at meetings regarding
individualized education programs for students with disabilities.

Provision of Individualized Education Program

The Board of Education directs that the Superintendent/designee(s) establish administrative
practices and procedures to ensure that each regular education teacher, special education teacher, related service provider and/or other service provider who is responsible for the implementation of a student's IEP is provided with either a paper copy of the IEP or is able to access a student's IEP electronically (including amendments to the IEP) prior to the implementation of such program. Such individuals responsible for the implementation of a student's IEP shall be notified and trained on how to access such IEP electronically.  For purposes of this policy, 'other service provider' means a representative of another public school district, charter school, Board of Cooperative Educational Services (BOCES) or school enumerated in Education Law Articles 81, 85 or 89 where the student receives or will receive IEP services. Further, the District will designate at least one school official who shall be responsible for maintaining a record of the personnel who have received IEP copies for each student.

Any copy of a student's IEP shall remain confidential in compliance with the
Individuals with Disabilities Education Act, the Family Educational Rights and Privacy
Act, and District policy regarding confidentiality of student records; and shall not be
disclosed to any other person other than the parent of such student, except in accordance
with federal and state laws and/or regulations. Appropriate training and information will
be provided to designated school personnel, as applicable, to ensure the confidentiality of
such information. Procedures will be established to ensure that copies of students' IEPs
are stored in secure locations and retrieved or destroyed when such professionals are no
longer responsible for implementing a student's IEP.

The Chairperson of the CSE, CSE subcommittee, or CPSE shall designate for each
student one or, as appropriate, more than one professional employee of the School
District with knowledge of the student's disability and education program who will be
responsible to, prior to the implementation of the IEP, inform each regular education
teacher, special education teacher, related service provider, other service provider,
supplementary school personnel (i.e., a teaching assistant or a teacher aide as defined in
Commissioner's Regulations), and other provider and support staff person of his/her
responsibility to implement the recommendations on a student's IEP, including the
responsibility to provide specific accommodations, program modifications, supports
and/or services for the student in accordance with the IEP. In selecting the professional
staff person(s), the Chairperson could select him/herself for this responsibility, another
administrator, or a teacher, related service provider or other professional based on the
particular circumstances of the student's disability and education program.

The School District shall also ensure that each teaching assistant, teacher aide and
each other provider responsible for assisting in the implementation of a student's IEP has
the opportunity to review a copy of the student's IEP (including amendments) prior to the
implementation of such program. Further, each teaching assistant, teacher aide and such
other provider responsible for assisting in the implementation of a student's IEP shall
have ongoing access to a copy of the IEP, which may be the copy provided to the
student's special education teacher or the teacher or related service provider under whose
direction the supplementary school personnel or other provider works. However, the
District may, at its discretion, provide a copy of the IEP to teaching assistants and/or
teacher aides.

A copy of a student's IEP shall be provided to the student's parents at no cost to the
student's parents.

Policy References

Individuals with Disabilities Education Improvement
Act of 2004, Public Law 108-446 Section 615(k)(l)
Individuals with Disabilities Education Act (IDEA), 20
United States Code (USC) Section 1400 et seq.
21 United States Code (USC) Section 812(c)
Education Law Articles 81, 85 and 89
Education Law Sections 207, 3208 and 4402(7)
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.1(hh), 200.2(b)(11), 200.4(b)(4),
200.4(d)(3)(i), 200.4(e)(3), 200.4(f), 200.4(j),
200.16(e)(6) and 200.22

7000 - STUDENTS

7641 TRANSITION SERVICES

Refer also to Policy #7617 – Declassification of Students with Disabilities

Beginning not later than the first IEP to be in effect when the student is age 15 (and at a younger age, if determined appropriate), and updated annually, the student's IEP must include:

a) A statement of the student's needs taking into account the student's strengths, preferences
and interests as they relate to transition from school to post-school activities;

b) Appropriate measurable postsecondary goals based upon age appropriate transition
assessments relating to training, education, employment and, where appropriate,
independent living skills;

c) A statement of transition service needs that focuses on the student's courses of study, such
as participation in advanced-placement courses or a vocational educational program;

d) Needed activities to facilitate the student's movement from school to post-school activities,
including instruction, related services, community experiences, the development of
employment and other post-school adult living objectives and, when appropriate,
acquisition of daily living skills and functional vocational evaluation; and

e) A statement of the responsibilities of the District and participating agencies, when
applicable, for the provision of such services and activities, before the student leaves the
school setting, that promote movement from school to post-school opportunities.

As defined by the Commissioner's Regulations, transition services means a coordinated set of
activities for a student with a disability, designed within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate
movement from school to post-school activities. Post-school activities include, but are not limited to, post-secondary education, vocational training, integrated competitive employment (including
supported employment), continuing and adult education, adult services, independent living, or
community participation. The coordinated set of activities must be based on the individual student's needs, taking into account the student's strengths, preferences and interests and shall include needed activities in the following areas:

a) Instruction;

b) Related services (the term 'related services' does not include a medical device that is
implanted, or the replacement of such device);

c) Community experiences;

d) The development of employment and other post-school adult living objectives; and

e) When appropriate, acquisition of daily living skills and functional vocational evaluation.

 

Policy References

Individuals with Disabilities Education Improvement Act of
2004 [Public Law 108-446 Section 614(a)]
Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Sections 1400 et seq.
34 Code of Federal Regulations (CFR) Sections 300.343,
300.347 and 300.348
Education Law Section 4401
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.1(qq), 200.1(fff), 2004.(d)(2)(ix), and
200.5(c)(2)(vii)

7000 - STUDENTS

7642 EXTENDED SCHOOL YEAR SERVICES AND/OR PROGRAMS

The School District shall provide, directly or by contract, special services and/or programs during July and August to those students whose disabilities are severe enough to exhibit the need for a structured learning environment of twelve (12) months duration in order to prevent substantial regression as determined by the Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE). 

The CSE/CPSE must determine whether a student requires extended school year special education services and/or programs in order to prevent substantial regression. Substantial regression would be indicated by a student's inability to maintain developmental levels due to a loss of skill, set of skill competencies or knowledge during the months of July and August. In accordance with Commissioner's Regulations, students must be considered for twelve (12) month special services and/or programs to prevent substantial regression if they are:

a)      Students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention and who are placed in special classes; or 

         Preschool students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention; 

b)     Students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment and are placed in special classes; or 

        Preschool students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment;

c)      Students who are recommended for home and/or hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment; or 

          Preschool students whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment in the home; 

d)     Students, including preschool students, whose needs are so severe that they can be met only in a seven (7) day residential program; or

e)      Students who are not in programs as described in subparagraphs (a) through (d) above during the period from September through June and who, because of their disabilities, exhibit the need for a twelve (12) month special service and/or program provided in a structured learning environment of up to twelve (12) months duration in order to prevent substantial regression as determined by the CSE; or 

         Preschool students who are not described in subparagraphs (a) through (d) above whose disabilities are severe enough to exhibit the need for a structured learning environment of twelve (12) months duration to prevent substantial regression as determined by the Preschool Committee on Special Education (CPSE).

For students eligible for twelve (12) month service and/or program, the Individualized Education Program (IEP) shall indicate the identity of the provider of services during the months of July and August, and for preschool students determined by the CPSE to require a structured learning environment of twelve (12) months duration to prevent substantial regression, a statement of the reasons for such recommendation.

The IEP shall indicate the projected date of the review of the student's need for such services and shall indicate the recommended placement. 

Any District plan to operate a July/August program must be approved by the State Education Department in accordance with applicable laws, regulations, procedures, and/or guidelines.

Policy References

Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)]
Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Sections 1400 et seq.
Education Law Section 4408
8 New York Code of Rules and Regulations (NYCRR)
Part 110 and Sections 200.1(qq), 200.4(d)(2)(x), 200.5(b)(1)(iii), 200.6(j) and 200.16(i)(3)(v)

7000 - STUDENTS

7643 TRANSFER STUDENTS WITH DISABILITIES

To facilitate the transition of students with disabilities transferring into or out of the District the
District shall:

a) As the district of origin take reasonable steps to promptly respond to all requests from the
new school district.

b) As the new school district take reasonable steps to promptly obtain the student's records
from the previous school, including the Individualized Education Program (IEP),
supporting documents and any other records relating to the provision of special education

c) Provide to a student with a disability (as defined in Section 200.1(zz) of Commissioner's
Regulations) who transfers school districts within the same academic year a free
appropriate education including services comparable to those described in the student's
previous IEP.

For transfers within New York State, the previously held IEP will be followed in
consultation with the parents until the District adopts the previously held IEP or
develops, adopts and implements a new IEP consistent with federal and State law and
regulation.

For transfers from outside New York State, in consultation with the parents the
previously held IEP will be followed until the District conducts an evaluation and, if
appropriate, develops a new IEP consistent with federal and State law and regulation.
Individuals with Disabilities Education Improvement Act of
2004 [Public Law 108-446 Section 614(a)]

 

Policy References

Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Sections 1400 et seq.
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.1(zz) and 200.4(e)(8)

7000 - STUDENTS

7650 IDENTIFICATION AND REGISTER OF CHILDREN WITH DISABILITIES (CHILD FIND)

Refer also to Policy #7140 -- School Census

              Policy #7130 -- Entitlement to Attend-Age and Residency

The District will locate, identify, and evaluate all students with disabilities
who reside within its boundaries, including homeless children, children who are wards of the state, home-schooled children, and children attending private schools. Further, it is the policy of the Board of Education to conduct a census in order to locate and identify all children with disabilities within the District under the age of twenty-one (21), including those children as described above, and to establish a register of such students entitled to attend school or receive preschool services. 

The Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) will maintain and annually revise the register of such students and others referred to the committee as possibly having a disability, as appropriate. In addition, census data shall be reported by October 1 to the CSE or CPSE as appropriate.

The District understands that its Child Find obligations have been expanded to include notification to every parent or person in parental relation, upon enrollment of their child in the District, of their rights regarding referral and evaluation for the purposes of special education services or programs pursuant to applicable federal and state laws. The notification will contain the name and contact information for the chairperson of the District's CSE or other individual who is charged with processing referrals to the committee in the District. The District may, in its discretion, provide such notice by directing parents or persons in parental relation to obtain information located on the State Education Department's website relating to a parent's guide to special education in New York State for children ages three (3) through twenty-one (21).

Any student suspected of having a disability should be referred to the applicable CSE or CPSE for evaluation and possible identification as a student with a disability.

Nonpublic School Students with Disabilities Who are Parentally Placed

If the District boundaries encompass a nonpublic school, the District, as the district of
location, must develop and implement methods to identify, locate and ensure the identification and evaluation of students with disabilities who have been, or are going to be, parentally placed in such nonpublic school.

The child find activities must be similar to those for students with disabilities in public
schools and must be completed in a time period comparable to that for other students attending public schools in the School District.

As the district of location, the District must also consult with the appropriate representatives of the nonpublic schools and parents of parentally placed nonpublic school students to determine an accurate count of students with disabilities attending such schools and receiving special education services.

These requirements only pertain to students with disabilities parentally placed in elementary and
secondary nonpublic schools, not to parental placements of preschool children with disabilities in
private day care or preschool programs; or to CSE placements of students with disabilities in approved private schools, Special Act School Districts, State-supported or State-operated schools; or to Charter schools.

Policy References

Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400
et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 3240-3242, 3602-c(2)(a), 4401-a, 4402, 4404, 4405 and 4410-6
8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(a) and 200.4 

7000 - STUDENTS

7660 PARENT INVOLVEMENT FOR CHILDREN WITH DISABILITIES

Refer also to Policy #7260 - Designation of Person in Parental Relation

The Board of Education recognizes the rights of the parent/guardian to be fully informed of all
information relevant to the identification, or change in identification, evaluation and educational
placement of a child with a disability.

All due process procedures for parents/guardians and children in the Commissioner's
Regulations shall be observed by the School District.

Definition of Parent

Parent means a birth or adoptive parent, a legally appointed guardian generally authorized to act
as the child's parent or authorized to make educational decisions for the child, a person in parental relationship to the child as defined in Education Law Section 3212, an individual designated as a person in parental relation pursuant to General Obligations Law Title 15-A including an individual so designated who is acting in the place of a birth or adoptive parent (including a grandparent, stepparent or other relative with whom the child resides), or a surrogate parent who has been appointed in accordance with Section 200.5(n) of Commissioner's Regulations. The term does not include the State if the student is a ward of the State.

A foster parent may act as a parent unless State law, regulations or contractual obligations with a State or local entity prohibit the foster parent from acting as a parent.

Unless a judicial decree identifies a specific person(s) to act as the parent or make educational
decisions for the student, if one or more parties is qualified to act as a parent, the birth or adoptive parent is presumed to be the parent unless they do not have the legal authority to do so.

Surrogate Parents

In the event that no parent or guardian for a child with a disability can be identified; or after
reasonable efforts the whereabouts of the parent or guardian cannot be determined; or the student is an unaccompanied homeless youth; or the child with a disability is a ward of the State and does not have a 'parent' as defined above; or the rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law; the Board shall assign an individual from a list of willing and eligible persons to act as a surrogate for the parents or guardians. This determination shall be completed within a reasonable time following the receipt of a referral for an initial evaluation or re-evaluation; alternatively, the surrogate parent may be appointed by a judge overseeing the child's case.

The person selected as a surrogate shall have no interest that conflicts with the interest of the
child he/she represents, and shall have knowledge and skills that ensure adequate representation of the child.

Prior Written Notice (Notice of Recommendation)

Prior written notice (notice of recommendation) must be given to parents of a student with a
disability a reasonable time before the District proposes to, or refuses to, initiate or change the
identification, evaluation, educational placement of the student or the provision of a free appropriate public education to the student. Prior written notice must also be provided informing the parents when no additional data is required to determine the student's educational needs, the reasons for this determination and their right to request an assessment. 

Prior written notice will also be provided prior to the student's graduation with a local or Regents diploma, stating that such student will no longer be entitled to receive a Free Appropriate Public Education (FAPE) after graduation. Additionally, prior written notice will be provided upon the student's receipt of any other exiting credential, including but not limited to a Skills and Achievement Commencement Credential or a Career Development and Occupational Studies Commencement Credential, provided the student has not already earned a local or Regents diploma. Such notice shall state that the student continues to be eligible for FAPE until the school year in which the student turns age twenty-one (21), or until the receipt of a local or Regents high school diploma, whichever is earlier.

If the prior written notice relates to a proposed action that also requires parental consent, the
District must give notice at the same time it requests parental consent. The prior written notice will contain all elements required by Commissioner's Regulations.

A parent may elect to receive prior written notice and other required notifications by electronic
mail (e-mail) communication if the District makes this option available.

Parent Participation in Meetings

The School District must take steps to ensure that one or both of the parents of a child with a
disability are present at each Committee on Special Education (CSE)/Committee on Preschool Special Education (CSPE) meeting or are afforded the opportunity to participate in a mutually agreed upon time and place. The School District must document its attempts to involve parents, such as:

a) Detailed records of telephone calls made or attempted and the results of these calls;

b) Copies of correspondence sent to the parents and any responses received; and

c) Detailed records of visits made to the parent's home or place of employment and the results
of those visits.

A meeting may be conducted without a parent in attendance if the School District is unable to
convince the parents that they should attend.

Additionally, the School District must take whatever action is necessary to ensure the parent
understands the proceedings of this meeting including arranging for an interpreter for parents with
deafness or whose native language is other than English.

Parental Consent

In accordance with due process, a parent (as defined in Commissioner's Regulations Section
200.1(l)) of a special education student or a student suspected of having a disability must provide
informed consent before the School District can take certain actions. The District will make reasonable efforts to obtain written informed consent and will maintain a detailed record of its attempts and the results of the attempts.  Parents with custodial rights - whether sole or joint - may exercise decision-making authority with respect to the student's education. Absent a court order or custody agreement to the contrary, a non-custodial parent may not control educational decisions for the student, though he/she may participate in the child's education.

Consent for Evaluations

The parent or guardian must provide informed consent to the initial evaluation, or reevaluations
in accordance with law and/or regulations. If a parent does not provide consent for an initial
evaluation, the School District may pursue the evaluation by commencing a due process hearing to override the refusal to provide consent.

Parental consent for a reevaluation is not needed if the District can demonstrate that it has taken
reasonable measures to obtain consent, but the parents or guardians have failed to respond.

Consent for the Initial Provision of Services

Parental consent is also required for the initial provision of special education services. Consent
for an initial evaluation does not constitute consent for the initial provision of services. If a parent doesnot provide consent for the initial provision of services, the School District shall not provide the special education program and services to the student and shall not use the due process procedures to challenge the parent's refusal to consent. The School District shall not be considered to be in violation of the requirements to provide a free appropriate public education (FAPE), shall not be required to convene a meeting of the committee on special education or develop an individualized education program (IEP).

Consent to Access Public Benefits or Insurance (e.g., Medicaid)

A School District must notify the child's parent in writing prior to accessing the child's or parent's public benefits or insurance for the first time and annually thereafter. The written notification must explain the protections afforded to parents so that parents are fully informed of their rights before the District accesses their or their child's Medicaid or other public benefits or insurance to pay for services under the IDEA. Furthermore, this notice must be in a language understandable to the general public and in the parent's native language or the mode of communication used by the parent.

A School District must obtain a one-time written consent from the parent, after providing the written notification (as described above), before accessing the child's or parent's public benefits or insurance (e.g., Medicaid) for the first time. The consent must state that the parent understands and agrees that the School District may access the child's or parent's public benefits or insurance to pay for special education or related services. The consent must also specify:

a)      The personally identifiable information that may be disclosed (this can include records or information about the services that will be provided to the student);

b)      The purpose of the disclosure; and

c)      The agency to which the disclosure may be made (Medicaid).

Merely providing the Medicaid application does not meet the IDEA parent consent requirements. A sample Medicaid Consent Form may be found at the following link:

Sample Medicaid Consent Form

Consent for an Unaccompanied Homeless Youth

Consent may be provided by a surrogate parent. However, until a surrogate parent is appointed,
consent may be provided on a temporary basis by an employee of a temporary housing facility
operated or approved by a local social services district or a residential facility for runaway and
homeless youth.

Consent for a Ward of the State

A ward of the State means a child or youth under the age of twenty-one (21):

a) Who has been placed or remanded pursuant to Social Services Law or the Family Court
Act or freed for adoption pursuant to Social Services Law; or

b) Who is in the custody of the Commissioner of Social Services or the Office of Children and
Family Services; or

c) Who is a destitute child under Social Services Law.

In the event that a child is a ward of the State, the School District shall make reasonable efforts
to obtain the informed consent from the parent of the child for an initial evaluation to determine
whether the child is a child with a disability.

The School District is not required to obtain informed consent if:

a) Despite reasonable efforts to do so, the School District cannot discover the whereabouts of
the parent of the student, including consulting with the agency responsible for the care of
the student; or

b) The rights of the parents of the student have been terminated in accordance with State law;
or

c) The rights of the parent to make educational decisions have been subrogated by a judge in
accordance with State law and consent for an initial evaluation has been given by an
individual appointed by the judge to represent the student.

Consent for a Student Who is Home Instructed or Parentally Placed in a Private School at the Parent's Expense

If a parent of a student who is home instructed or placed in a private school by their parents at
their own expense does not provide consent for an initial evaluation or reevaluation, or the parent fails to respond to a request to provide consent, the District may not continue to pursue those evaluations by using the due process procedures and the District is not required to consider the student as eligible for special education services.

Parental Revocation of Consent

Parental revocation of consent for continued provision of special education and related services must be in writing. When the parent revokes such consent, the District still must provide the parent with the usual written notice of its intentions with respect to the child.

If the parent of a student with a disability revokes his/her consent in writing for the continued provision of special education and related services to the student at any time subsequent to the initial provision of special education and related services, the District:

a)   Shall not continue to provide special education and related services to the student, but must provide prior written notice to the parent before ceasing the provisions of special education and related services;

b)   Shall not use due process procedures (i.e., mediation, resolution meeting, and/or impartial due process hearing) in order to obtain agreement or a ruling that the services may be provided to the student without parental consent;

c)   Shall not be considered to be in violation of the requirement to make a free and appropriate public education (FAPE) available to the student because of the failure to provide the student with further special education and related services; and

d)   Is not required to convene an individualized education program (IEP) meeting or develop and IEP for the student for further provision of special education programs and related services upon receipt of written revocation of consent; and

If the parent revokes consent in writing for his/her child’s receipt of special education and related services after the child is initially provided special education and related services, the District is not required to amend the student’s education records to remove any references to the student’s receipt of such services because of the revocation of consent.

Procedural Safeguards Notice

The School District will provide the procedural safeguards notice prescribed by the
Commissioner of Education to the parents of a student with a disability at least one time
per year and also:

a) Upon initial referral or parental request for evaluation;

b) Upon the first filing of a due process complaint notice to request mediation or
an impartial due process hearing;

c) Upon request by a parent;

d) Upon a decision to impose a suspension or removal that constitutes a
disciplinary change in placement; and

e) Upon first receipt of a State complaint.

 

Policy References

Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) Section 614(a)
Individuals with Disabilities Education Act (IDEA), 20 United
States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 207, 3212, 4005, 4202, 4401 and 4402
8 New York Code of Rules and Regulations (NYCRR) Sections
200.1, 200.4(b)(6), and 200.5

7000 - STUDENTS

7670 IMPARTIAL DUE PROCESS HEARINGS/SELECTION OF IMPARTIAL HEARING OFFICERS

Refer also to Policy #7690 - Special Education Mediation

The parent/person in parental relation of a student with a disability or a student suspected of having a disability may file a written request with the Board of Education for an impartial due process hearing with respect to any matter relating to the identification, evaluation, educational placement, provision of a free appropriate public education, manifestation determination or certain matters relating to discipline. The Board may also initiate such a hearing.

The School District is committed to making every effort to amicably resolve differences involving the educational programs for students with disabilities. Mediation will be available to resolve disputes involving any matter, including matters arising prior to the filing of a request for an impartial due process hearing, but mediation is not required. The District may establish procedures providing the opportunity to meet with a disinterested party from a community dispute resolution center for an explanation of the possible benefits of the mediation process. The due process hearing procedures shall not be denied or delayed if the parent chooses not to participate in mediation. The District and parents have the right, whether mediation is attempted or not, to request an impartial due process hearing.

Impartial Due Process Hearing Process — Deadline for Submission of a Hearing Request

To be timely, a request for an impartial due process hearing must be submitted within two (2) years of the date the parent or the District knew or should have known about the alleged action forming the basis of the complaint. Submissions outside the two-year period are barred as beyond the statute of limitations. However, the two (2) year timeline does not apply if the parent was prevented from requesting the hearing due to specific misrepresentations by the District that it had resolved the problem forming the basis of the complaint or the District's withholding of information from the parent that is required by the Regulations of the Commissioner of Education.

Due Process Complaint Notification

a)  The parent or the School District may request an impartial due process hearing but it
      must be by submitting a written due process complaint notice.

A hearing may not be held until a due process complaint notice is filed. Either the parent, 
the District, or the attorney representing either party may present a complaint with respect to any matter relating to the identification, evaluation, or educational placement of a student with a disability or a student suspected of having a disability, or the provision of a free appropriate public education to such student (or a manifestation determination or certain matters relating to discipline).

A written due process complaint notice must include the following:

The name of the student;

The address of the student's residence (or in the case of a homeless student available contact information);

The name of the school the child is attending;

A description of the nature of the problem of the student relating to the proposed or refused initiation or change, including facts relating to the problem; and

A proposed resolution of the problem to the extent known and available to the party at the
time.

b)  The due process complaint notice will be deemed sufficient unless the party receiving the  notice notifies the other party and the IHO in writing within fifteen (15) days of receiving the notice that the receiving party believes the notice requirements have not been met. Within five (5) days of the receipt of a notice alleging insufficiency, the IHO shall make a determination on the face of the notice of whether the notification meets the notice requirements and shall immediately notify the parties in writing of the IHO's determination. If the IHO rules that the due process complaint notice is insufficient, the due process procedures do not continue except that the IHO may grant permission to amend the notice. If the IHO grants permission to amend, and if an amendment is filed, the due process procedures continue but the timelines reset as of the filing of the amended due process complaint notice. If the IHO rules that the notice is sufficient, the due process procedures continue.

c) If the District has not sent a Prior Written Notice (notice of recommendation) to the parent regarding the subject matter of the complaint notice, where required under Section 200.5(a) of the Regulations of the Commissioner of Education, the District shall send a response to the parent within ten (10) days of receiving the complaint. The response shall include:

An explanation of why the District proposed or refused to take the action raised in the
      complaint;

A description of other options the Committee on Special Education (CSE)/Committee
      on Preschool Special Education (CPSE) considered and why those options were 
      rejected;  

A description of each evaluation procedure, assessment, record, or report the District  
              used as a basis for the proposed or refused action; and

A description of the factors relevant to the District's proposal or refusal.

d)     Upon receipt or filing of the due process complaint notice, the District will provide the   
        State-mandated Procedural Safeguards Notice to the parents. The District will also inform
        the parents in writing of the availability of mediation and of free or low-cost legal and 
        other relevant services available in the area.

e)     A party may amend its due process complaint notice only if:

The other party consents in writing and is given the opportunity to resolve the complaint
     through a Resolution Meeting; or

The IHOgrants permission (but permission cannot be granted later than five (5) days  
    before the impartial due process hearing commences).

Applicable timelines for the impartial due process hearing, including for a Resolution Meeting and Resolution Period, recommence at the time of the filing and receipt of the amended notice.

f)        No issues may be raised at the impartial due process hearing that were not raised in the
          due process complaint notice unless the non-complaining party consents to an  
          expansion of the issues.

Appointment of the Impartial Hearing Officer

a) The District must immediately (but not later than two (2) business days after receipt of the due process complaint notice, or mailing of the due process complaint notice to the parent in instances when the District requests a hearing) initiate the process to select an IHO (Impartial Hearing Officer) through the rotational selection process in accordance with the Regulations of the Commissioner of Education. The Board of Education shall annually appoint one or more of its members to make the IHO appointment to be made with respect to each due process complaint notice, and such member or members shall do so promptly upon notification that the appropriately selected IHO has indicated availability for appointment.

b) An IHO may not accept appointment unless he/she is available to make a determination of the sufficiency of a due process complaint notice within five (5) days of receiving such a request and (unless an extension is granted) to initiate the hearing in a timely fashion as specified in the Regulations of the Commissioner of Education. 

Resolution Meeting

a)  Within fifteen (15) days of receiving the due process complaint notice from the parent and prior to the due process hearing itself, the District shall convene a meeting with the parents and relevant members of the CSE/CPSE, as determined by the District and the parent, who have specific knowledge of the facts identified in the complaint. A representative of the District who has decision-making authority must attend. The attorney for the District may not attend unless the parent is accompanied by an attorney. At this Resolution Meeting, the parties shall discuss the complaint and the facts forming its basis and attempt to resolve the complaint.

The District will take steps to ensure that one or both of the parents of the student with a disability are present at the Resolution Meeting, including notifying parents of the meeting early enough to ensure that they will have the opportunity to attend and scheduling the Resolution Meeting at a mutually agreed on time and place and in a location that is physically accessible to the parents.

b)  When conducting meetings and carrying out administrative matters (such as scheduling), the parent and District may agree to use alternative means of meeting participation such as video conferences or conference calls.

c)  The parent and District may agree in writing to waive the Resolution Meeting.

d)  They may agree in writing to use the mediation process (which is different than the Resolution Meeting), either by itself or in addition to the Resolution Meeting, to resolve the complaint, but mediation is not required.

e)  If a settlement is reached at the Resolution Meeting, the parties shall execute a legally binding agreement signed by the parent and the representative of the District who has authority to bind the District. This agreement is enforceable in court. However, either party may void the agreement within three (3) business days of the agreement's execution.

f) If the District has not resolved the due process complaint to the satisfaction of the parents within thirty (30) days of receipt of the complaint notice, the Resolution Period ends and the timelines for the impartial hearing process begin. If, however, the parent who filed the due process complaint notice fails to participate in the Resolution Meeting, the timeline for the due process hearing will be delayed until the parent participates in the Resolution Meeting (unless both parties have waived the holding of a Resolution Meeting). If the District is unable to obtain the parent's participation in a Resolution Meeting after making reasonable efforts, the District may at the end of the 30-day Resolution Period (which began the day after receipt of the due process complaint notice) request the IHO to dismiss the due process complaint. If, on the other hand, the District fails to schedule a Resolution Meeting (or fails to hold one although it has been scheduled) within fifteen (15) days of receipt of a parent's due process complaint notice, the parent may request the IHO to begin the due process timeline — except where there has been a joint waiver of the Resolution Process or agreement to use mediation.

Pre-Hearing Conference

A pre-hearing conference (which may take place via telephone) may be scheduled by the IHO to simplify or clarify issues; establish dates for the completion of the hearing; identify evidence to be entered into the record; identify witnesses expected to provide testimony; and/or address other administrative issues. A transcript or written summary shall be entered into the record by the IHO.

Impartial Due Process Hearing

In the event the complaint is not resolved during the Resolution Period, the Board will arrange for an impartial due process hearing to be conducted. When carrying out administrative matters relating to an impartial due process hearing, such as scheduling, exchange of witness lists and status conferences, the parent and District may agree to use alternative means of meeting participation such as video conferences or conference calls.

a)      A pre-hearing conference is usually held prior to the first day of hearing. A 14-day timeline applies to the holding of a pre-hearing conference or the first day of hearing.

When the District files a due process complaint notice, the hearing or pre-hearing conference must commence within the first fourteen (14) days after the date the IHO is appointed.

When a parent files a due process complaint notice, the hearing or pre-hearing conference must commence within the first fourteen (14) days after whichever of the following occurs first:

(i) The date the IHO receives the parties' written waiver of the Resolution Meeting; or

(ii) The IHO receives the parties' written confirmation that a mediation or Resolution Meeting was held but no agreement could be reached (and the parties do not intend to continue efforts at resolution); or

(iii)  The expiration of the thirty-day Resolution Period. If, however, the parties agree in writing to continue mediation at the end of the thirty-day Resolution Period, the hearing or pre-hearing conference shall commence within the first fourteen (14) days after the IHO is notified in writing that either party withdrew from mediation.

b)     The hearing, or a prehearing conference, shall commence within the timeframe specified above, unless a limited extension is granted pursuant to the Regulations of the Commissioner of Education. 

c)      Each party has the right to prohibit the introduction of any evidence the substance of which has not been disclosed to the party at least five business days before the hearing.

d)     Each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that they intend to use at the hearing not less than five (5) business days prior to the hearing. The IHO may bar any party that fails to comply with this requirement concerning evaluations and recommendations from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

e)     Each party shall have an opportunity to present evidence, compel the attendance of witnesses and to confront and question all witnesses at the hearing.

f)     The hearing will be conducted at a time and location that is reasonably convenient to the parent and the student involved. The hearing shall be closed to the public unless the parent requests an open hearing.

g)    The role and responsibilities of the IHO are as set forth in the Regulations of the Commissioner of Education.

h)    The student shall remain in his/her current placement during the pendency of the impartial due process hearing unless both parties otherwise agree (except as otherwise provided for expedited impartial due process hearings for certain disciplinary suspensions or removals of a student). For a preschool child not currently receiving special education services and programs, he/she may, during any impartial due process hearings or appeals, receive special education services and programs if the parent/person in parental relation and the District agree. However, during the pendency of an appeal for a preschool child who is transitioning from an Early Intervention (EI) program and is no longer eligible for the EI program due to age, the District is not required to provide the services the child had been receiving under EI. If found eligible for special education as a preschool student with a disability, and if the parent consents to the initial provision of services, the District will provide those programs and services that are not in dispute.

i)     The IHO renders and forwards findings of fact and a decision to the parties and to the State Education Department in accordance with regulatory timelines. If the District has filed the due process complaint notice, the decision must be mailed to the parties and the State Education Department not later than 45 days from the day after the District's due process complaint notice is received by the other party (parent(s)) and the State Education Department. If a parent has filed the due process complaint notice, the decision is due not later than 45 days from the day after the first to occur of the following: (a) both parties agree in writing to waive the Resolution Meeting; (b) after either the mediation or Resolution Meeting starts but before the end of the 30-day Resolution Period, the parties agree in writing that no agreement is possible, or (c) the expiration of the 30-day Resolution Period; provided, however, that if both parties agree in writing to continue any pending or continuing mediation at the end of the 30-day Resolution Period, but later either the parent or the District withdraws from mediation, then the decision is due not later than 45 days from the day after the IHO is notified that either party withdrew from the mediation. For expedited hearings the deadline is within ten (10) school days after the hearing; for preschool hearings the timeframe is thirty (30) days rather than 45 days.

j)     Extensions may be granted by an IHO only in accordance with the limitations in the Regulations of the Commissioner of Education.

k)    Where an extension has been granted, the decision is in any event due no later than 14 days after the record close date.

l)      The decision of the IHO is final and binding on both parties unless appealed to the State Review Officer (SRO).

Consolidation of Hearings/Withdrawals

The decision to consolidate a subsequent due process complaint involving the same parties and student with a pending one is within the discretion of the IHO appointed for the prior pending due process complaint as limited by the Regulations of the Commissioner of Education. Even if the cases are not consolidated, the IHO appointed for the pending due process complaint notice shall be appointed as the IHO for any subsequent due process complaint filed while the earlier case is pending.

Withdrawals of a due process complaint shall be with or without prejudice precluding a refiling in accordance with the limitations in the Regulations of the Commissioner of Education. If a withdrawal is without prejudice but the party making the withdrawal files a due process complaint within one year of the withdrawal, the IHO appointed for the withdrawn due process complaint shall be appointed as IHO for the subsequent due process complaint if it is based on the same or similar claims.

Burden of Proof

In accordance with New York State law, the burden of production and persuasion in an impartial due process hearing rests upon the School District except that a parent/person in parental relation seeking tuition reimbursement for a unilateral parental placement shall have the burden of production and persuasion as to the appropriateness of the placement.

Recordkeeping and Reporting

The District will utilize the New York State Education Department's Impartial Hearing Reporting System (IHRS) to access the alphabetical list of the names of each IHO who is certified in New York State and available to serve in the District. The District will record and report to the State Education Department required information relating to the selection of IHOs and the conduct of impartial due process hearings according to the manner and schedule specified by the Department. The Superintendent shall designate a staff member(s) who will be responsible for reporting such information as is required relating to the impartial hearing process into the State Education Department's IHRS web-based reporting system.

Compensation of Impartial Hearing Officers

The District will be responsible for compensating the IHO for prehearing, hearing and post-hearing activities at the rate agreed upon at the time of the IHO's appointment. The rate of compensation may not exceed the maximum rate approved by the Director of the

Division of the Budget. The District will also reimburse the IHO for travel and other hearing-related expenses (e.g., duplication and telephone costs) pursuant to an annually determined schedule.

At the completion of the impartial due process hearing, the IHO shall submit an itemized bill of hourly charges and expenses detailing the date, task, amount of time for each task and expenses (and including receipts for expenses). The bill shall be processed through the District's regular payment procedures.

Mediation

The District will inform the parent in writing of the availability of mediation and any free or low-cost legal and other relevant services available in the area at the request of the parent or when an impartial due process hearing is requested.

Mediation is voluntary and does not deny or delay a parent's right to an impartial due process hearing. Mediation is a different process than a Resolution Meeting. A Resolution Meeting is a mandatory part of the impartial due process hearing procedures. Mediation is strictly voluntary.

Guardians ad Litem for Impartial Due Process Hearings

Unless a surrogate parent has been previously appointed, the IHO must appoint a guardian ad litem when he/she determines that the interests of the parent(s) are opposed to or are inconsistent with those of the student or whenever the interests of the student would be best protected by such appointment.

Confidentiality
All issues relating to a request for and conduct of an impartial due process hearing shall be kept confidential as provided in applicable law and regulation.

Administrative Procedures
Administrative procedures will be developed for the selection and appointment of an IHO consistent with regulatory requirements. 

Policy References

Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4005, 4202, 4404(1) and 4410(7)
8 New York Code of Rules and Regulations (NYCRR) Sections 200.1, 200.2, 200.5, 200.16, 200.21 and 201.11

7000 - STUDENTS

7690 SPECIAL EDUCATION MEDIATION

The District will offer mediation to resolve any disputes involving any matter for which an
impartial due process hearing may be brought, including matters arising prior to the filing of a request for an impartial hearing.

Such mediation shall be conducted by mediators furnished by a Community Dispute Resolution
Center who are not employees of a State educational agency providing direct services to the student who is the subject of the mediation process or a school district or program serving students with disabilities. Mediators may not have a personal or professional interest which would conflict with their objectivity in the mediation process and should be knowledgeable in laws and regulations relating to the provision of special education services.

Parents or persons in parental relation to students suspected of or having disabilities will receive
written notice of the availability of the mediation program each time they receive notice of their
entitlement to the impartial hearing procedures in accordance with Federal and State law and
regulations. If the parent and District agree, alternative means of meeting participation may be
utilized, such as video conferences and conference calls.

Discussions during the mediation process must be confidential and may not be used as evidence
in any subsequent due process hearing or civil proceedings. The parties may be required to sign a
confidentiality pledge prior to the commencement of the process.

If resolution to the complaint is reached through mediation, the parent and the representative of
the District who has the authority to bind the District will execute a legally binding written agreement specifying the resolution and stating that all discussions occurring during the mediation process are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. If the written agreement is inconsistent with the student's current individualized education programs (IEP), the IEP must be immediately amended to reflect the mediation agreement.

The mediation process is voluntary and will not operate to diminish or limit any rights provided
for in law, including the right of the parent or person in parental relation to request an impartial
hearing subsequent to mediation. Parents or persons in parental relation to students suspected of or having disabilities continue to have full access to all rights, including due process procedures,
provided for in federal and state laws and regulations. Similarly, mediation shall not be construed to limit a parent or person in parental relation from requesting an impartial hearing without having first utilized mediation procedures set forth in Education Law.

Policy References

Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) Section 614(a)
Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4005, 4202 and 4404-a
Judiciary Law Section 849a
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.1 and 200.5