Asbestos, Pesticide & Other Potentially Hazard Substance Plans
On occasion pesticides and fertilizers may be applied at our schools. The district abides by state laws regarding Pesticide Notification. Each school maintains a list of staff and parents who wish to receive prior notification of pesticide application. Notification will be given 48 hours prior to each pesticide application at a building only to the staff and parents who have requested it that school year. Quarterly summaries of pesticide applications during the previous time period are also available.
Contact your building principal or Director of Facilities Dan Diggins at 518-399-9141, ext. 84515 or ddiggins@bhbl.org, if you wish to be placed on a Pesticide Notification list for a specific building. Such requests must be renewed annually.
Parents and staff can view the Material Safety Data Sheets on all potentially hazardous substances kept in each building. Also available for public perusal in the Maintenance Facility with district Asbestos Designee Dan Diggins are the district’s asbestos management plan, annual fire inspection reports, and lead in the water.
Body Mass Index (BMI) Screening
Because NY State is interested in data about children’s health, schools are required to keep height and weight data and to calculate students’ Body Mass Index (BMI). BMI is a way of checking for underweight or overweight youngsters. Some schools will be surveyed by the state Department of Health each year and asked to share the number of their students in each of six possible BMI categories based on students’ age and sex. If BH-BL is surveyed by the state, we will only share group data (for instance, the number of second grade boys whose BMI is below the fifth percentile), not individual data. However, parents who wish their child’s data to be excluded from such group calculations may do so by contacting their school nurse.
Discrimination Laws
The BH-BL School District receives federal assistance and does not discriminate in employment or in the educational programs and activities it operates on the basis of sex, race, national origin or handicap in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act. Upon request, sign language interpreters will be provided for deaf parents for school-initiated conferences about their child’s education.
Mike Nickson (518-399-9141, ext. 85006) is the Title IX coordinator for the district, and Sharon McTygue (518-399-9141, ext. 85008) is the Section 504 Compliance Officer. Any parent, student, or district employee who has a complaint of discrimination should contact them. The law provides a formal Grievance Procedure to be followed if any person believes the school district or any of its staff has not applied the principles or regulations of these Acts. For copies of this procedure, contact Sharon McTygue.
Family Educational Rights & Privacy Act (FERPA)
The district complies with the Family Educational Rights and Privacy Act (FERPA). Parents and 18-year-old students may inspect official records relating to them including progress reports, grades, aptitude and achievement test scores, psychological tests, and teacher evaluations. A record may be challenged by parents or 18 year olds when they believe it to be inaccurate or misleading. The principal may remove designated material if in agreement with the challenge. Definitions of school official and additional procedures under FERPA can be found in the Board of Education Policy Manual.
Individual student records are confidential and are not released to colleges, employers, or elsewhere without written permission, subject to the following exceptions. District schools may forward educational records to other schools that have requested them and in which a BH-BL student seeks or intends to enroll. What the law refers to as directory information may be made public for school purposes unless a parent informs us in writing that they do not want this information made public. Directory information that we may make public includes: a student’s name, address, phone number, grade level, honor or award received, dates of attendance, photograph, age, membership in a school athletic team, activity or club, and (for athletes only) height and weight. Directory information is primarily made public so that students’ accomplishments can be included in various publications such as a concert program, yearbook, or honor roll.
As required by federal law, the high school provides a list of senior class member names, addresses and phone numbers to the military services—unless parents inform the high school principal in writing by September 15 that they do not want their child included in such lists.
Parents and 18-year-old students have the right to opt out of the disclosure of directory information by contacting their school principal. Parents should also inform the Superintendent and/or Communications Specialist Tara Mitchell if they do not wish their child’s likeness to be included on the district website, social media or in occasional photos or videos taken by the media or district staff for school-related purposes.
Also, in accordance with the federal Protection of Pupil Rights amendment, the district hereby notifies parents that our schools may occasionally conduct student surveys that touch on topics such as political affiliation, income, or beliefs or religious practices of the student. In such cases, a letter will be sent home explaining parent rights to opt a child out from such a survey before it is conducted.
Questions about school policies in connection with family rights and privacy laws can be addressed to building principals or the Superintendent.
No Idling Law (for School Buses)
State education law now requires that all school districts ensure that every driver of a school bus or other school vehicle turn off the engine of the vehicle while waiting for passengers to load or off load. The law provides for certain exceptions when necessary for heating, mechanical or emergency circumstances. Click on the links below for more information about:
- NYS Department of Education Law 3637: Idling school buses on school grounds
- NYS Department of Education Regulations related to Law 3637: Idling school buses on school grounds
Parents Bill of Rights for Data Privacy & Security
The BH-B School District is committed to ensuring student privacy in accordance with local, state and federal regulations and district policies. To this end and pursuant to U.S. Department of Education (DOE) regulations (Education Law §2-d), the district is providing the following Parents’ Bill of Rights for Data Privacy and Security:
A student’s personally identifiable information cannot be sold or released for any commercial or marketing purposes.
Parents have the right to inspect and review the complete contents of their child’s education record, including any student data maintained by the BH-BL School District. This right of inspection of records is consistent with the federal Family Educational Rights and Privacy Act (FERPA). Under the more recently adopted regulations (Education Law §2-d), the rights of inspection are extended to include data, meaning parents have the right to inspect or receive copies of any data in their child’s educational record. The New York State Education Department (SED) will develop further policies and procedures related to these rights in the future.
State and federal laws protect the confidentiality of personally identifiable information and safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls and password protection, must be in place when data is stored or transferred.
A complete list of all student data elements collected by the state is available for public review in an Excel file. Parents may also obtain a copy of this list by writing to the Office of Information & Reporting Services, New York State Education Department, Room 863 EBA, 89 Washington Avenue, Albany, N.Y. 12234.
Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed to: Student Data Privacy Officer Tracy Falvo, BH-BL High School, 88 Lakehill Road, Burnt Hills, NY 12027. Tracy can be reached at 518-399-9141, ext. 83255 or tfalvo@bhbl.org.
Complaints to SED should be directed to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234; the e-mail address is cpo@mail.nysed.gov. SED’s complaint process is under development and will be established through regulations from the department’s chief privacy officer, who has yet to be appointed.
Additional student data privacy information
This bill of rights is subject to change based on regulations of the commissioner of education and the SED chief privacy officer, as well as emerging guidance documents from SED. For example, these changes/additions will include requirements for districts to share information about third-party contractors that have access to student data, including:
- How the student, teacher or principal data will be used;
- How the third-party contractors (and any subcontractors/ others with access to the data) will abide by data protection and security requirements;
What will happen to data when agreements with third-party contractors expire; - If and how parents, eligible students, teachers or principals may challenge the accuracy of data that is collected; and
- Where data will be stored to ensure security and the security precautions taken to ensure the data is protected, including whether the data will be encrypted.
More Information
If you would like more information, please contact: Student Data Privacy Officer Tracy Falvo, BH-BL High School, 88 Lakehill Road, Burnt Hills, NY 12027. She can also be reached at 518-399-9141, ext. 83255 or tfalvo@bhbl.org. More information is also available on the following websites:
- New York State Department of Education Student Data Privacy Bill of Rights
- U.S. Department of Education press release: Guidance for Schools Issued on How to Keep Parents Better Informed on the Data They Collect on Students
Section 504 Notice
In accordance with the Rehabilitation Act of 1973, commonly known as Section 504, the school district hereby notifies disabled children and their parents of the district’s duties under the regulations of Section 504.
The district provides a free appropriate public education to each qualified child with disabilities who reside in the school district regardless of the nature or severity of the disability. The district educates all children and integrates students with disabilities in the least restrictive environment. And also ensures that students with disabilities participate with other children in nonacademic and extracurricular activities to the maximum extent appropriate. A child with disabilities is afforded an equal opportunity for participation in such services and activities as physical education courses, interscholastic, club or intramural athletics.
The district conducts pre-placement evaluations, and establishes standards and procedures consistent with Section 104.35 for the evaluation and placement of children who need or are believed to need special education or related services. Periodic re-evaluations are conducted of children who receive special education or related services.
Placement decisions draw upon information from a variety of sources and are made by a group of persons knowledgeable about the child, the meaning of evaluation data, and the placement options. The district has implemented a system of procedural safeguards that includes notice, an opportunity for the parent to examine relevant records, an impartial hearing with the opportunity for participation by the parent and representation by counsel, and a review procedure.