5100 Student Attendance
5120 School Census
5130 Student Withdrawal from School
5140 Age of Entrance
5151 Homeless Children | AR5151 Homeless Children
5152 Admission of Non-Resident Students
5153 School Assignment and Attendance Areas | AR5153 Elementary Class Placements | AR 5153.1 Emergency Regulation Regarding Students Registration and Attendance
5162 Student Release Precautions
5182 Released Time for Religious Instruction
5200 Student Activities
5215 Advisory Councils
5251 Relations Between the Public and Students
5252 Management of Student Activity Funds
5260 School Sponsored Contests for Students
5280 Interscholastic Athletic Programs | AR5280 Guidelines for Participation in Interscholastic Athletics
5300 Code of Conduct – Table of Contents
5300.05 Introduction to the Code of Conduct
5300.10 Code of Conduct: Definitions
5300.15 Student Responsibility and Freedom of Expression
5300.20 Essential Partners
5300.25 Student Dress Code
5300.30 Prohibited Student Conduct
5300.35 Reporting Violations
5300.40 Disciplinary Procedures
5300.45 Alternative Instruction
5300.50 Discipline of Students with Disabilities
5300.55 Corporal Punishment Prohibition
5300.60 Student Searches and Interrogations
5300.65 Visitors to the Schools
5300.70 Public Conduct on School Property
5300.75 Dissemination and Review
5405 Student Wellness | AR5405 Student Wellness
5420 Student Health Services | AR5420 Student Health Services / AR5420.1 Insect Stings / AR5420.2 Pediculosis (Head Lice)
5421 Allergy/Anaphylaxis | AR5421 Allergy/Anaphylaxis Management
5440 Alcohol and Substance Abuse Prevention
5460 Child Abuse, Maltreatment or Neglect in a Domestic Setting
5470 Missing Children
The Board of Education will provide, as its resources permit, the following services:
School buildings will be provided with registered nurses who, under the instructions of the school physician, will provide such health services as are required by Education Law and the Commissioner’s Regulations.
Guidance service by qualified guidance counselors will be provided at the Middle School and Senior High School level.
The school district will provide the services of certified school psychologists for the evaluation of students recommended for such services.
The school district will provide for speech training and therapy by qualified speech teachers on an individual or small group basis.
The school district will provide the services of qualified staff to assist students with reading, math, and other learning difficulties as required by the Commissioner’s Regulations to meet State and District Standards.
The school district will provide for occupational therapy/physical therapy by licensed occupational/physical therapists for students recommended for such services by their IEP.
Revised May 2012 Renumbered from P6450 – September 2015
A student grievance is simply any situation occurring in the course of the school’s operation, other than matters of a purely personal nature, which causes a student to consider himself aggrieved. Students should discuss their grievances informally with the person involved as the first step in grievance resolution. In each secondary school, guidance counselors and building administrators may assist with investigation of a complaint. The building principal will review and make a determination of the matter. Appeals of the building principal’s decision to the Superintendent of Schools are the right and responsibility of the grievant. Similarly, the Superintendent’s determination can be appealed to the Board of Education.
Reviewed January 2011 Renumbered from P5312 – September 2015
The Board of Education policy is not to prevent, or otherwise deny participation in, constitutionally protected prayer in the district’s schools, consistent with current guidance issued by the U.S. Department of Education under the No Child Left Behind Act of 2001, and applicable judicial decisions interpreting the religion clauses of the First Amendment of the U.S. Constitution.
Reviewed April 2011 Renumbered from P5610 – September 2015
The Board of Education recognizes that regular school attendance is a major component of academic success. Through implementation of this policy, the Board expects to reduce the level of unexcused absences, tardiness, and early departures (referred to in this policy as “ATEDs”), encourage full attendance by all students, maintain an adequate attendance record keeping system, identify patterns of student ATEDs and develop effective intervention strategies to improve school attendance. In this regard and pursuant to Section 104.1 of the regulations of the Commissioner of Education, the Board has adopted this policy.
Ref: Education Law §§1709; 3024; 3025; 3202; 3205-3213; 3225 8 NYCRR §§104.1; 175.6
ATTENDANCE RECORDS AND EXCUSES
It will be the responsibility of each building principal to require regular attendance of each student assigned to his/her building, and to provide procedures for checking on attendance. All students are expected to attend class regularly except in the case of illness, sickness or death in the family, religious observance, quarantine, or required court appearances. When on a school day, the student does not attend class, a written statement from the parent or guardian is required explaining the reason for the absence. Parents should be informed when there are instances of truancy from school or from class and appropriate action taken to foster improved attendance.
Reviewed January 2011 Renumbered from P5100 – September 2015 Renumbered from P5111 – September 2015
The District will conduct at minimum, a bi-annual census of all pre-kindergarten children residing in the school district. This census is taken in order to project future enrollment, building needs, class size, transportation needs and related information.
Revised April 2011 Renumbered from P5113 – September 2015
Only a student over the compulsory education age may be permitted to withdraw from school. No such student may be dropped from enrollment unless he or she has been absent twenty consecutive school days and the school complies with all procedures established by law.
Reviewed January 2011 Renumbered from P5112 – September 2015
A child must be five years old by December 1st of the year the child enters school to be eligible for kindergarten.
If a child attending kindergarten in another school district moves into this district, the child is accepted in kindergarten regardless of age if the kindergarten experience is substantially equivalent to our program.
Nursery school, registered or unregistered, is not considered as having a program “substantially equivalent” to that of a public school kindergarten.
Within certain legal limitations, the age of entrance and the grade placement of children are matters for the local school authorities to decide. Admission to grades other than kindergarten shall involve a consideration of both chronological age and the capability of the child to do the work in a particular grade.
Reviewed January 2011 Renumbered from P5110 – September 2015
The Board of Education recognizes its responsibility under federal (McKinney-Vento) and state laws and regulations to identify homeless children within the district, encourage their enrollment and eliminate existing barriers to their identification, enrollment, attendance, or success in school which may exist in district practices. The Board will provide homeless children attending the district’s schools with access to the same free and appropriate public education and other school programs and activities, including publicly funded preschool education, as other children.
A homeless child is a child who lacks a fixed, regular, and adequate nighttime residence or who has a primary nighttime location in a public or private shelter designed to provide temporary living accommodations, or a place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. This definition also includes a child who shares the housing of others due to loss of housing, economic hardship, or similar reason; lives in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; lives in a car, park, public space or abandoned building, substandard housing, bus or train station or similar setting; has been abandoned in a hospital or is a migratory child who qualifies as homeless. An unaccompanied youth is a homeless child not in the physical custody of a parent or guardian.
To assist in determine eligibility for services under the McKinney-Vento Act, the district shall use a housing questionnaire for all enrolling students, and those reporting a change of address, which asks for a description of the student’s current living arrangements.
A homeless child or youth has the right to attend his/her school of origin, or any school that permanently housed students who live in the attendance area in which the homeless student is actually living are eligible to attend. For homeless students, a school of origin can be:
- the public school where he/she attended when permanently housed (i.e., before becoming homeless); or
- the public school where he/she was last enrolled, or
- the public school he/she was entitled or eligible to enroll in when the child became homeless, if that child became homeless after such child was eligible to apply, register, or enroll in a public preschool or kindergarten, or he/she is living with a school-age sibling who attends school in the district; or
- the designated receiving school at the next grade level for any feeder school, where the child has completed the final grade in the feeder school.
Such schools include publicly-funded preschools administered by the district or the State Education Department (SED).
The homeless child is entitled to attend the designated school on a tuition-free basis for the duration of his or her homelessness. If the child becomes permanently housed, the child is entitled to continue attendance in the same school building until the end of the school year and for one additional year if that year constitutes the child’s terminal year in such building. If a homeless child completes the final grade level in his/her school of origin, the child may also attend the designated receiving school at the next grade level for all feeder schools.
The Superintendent of Schools shall develop procedures necessary to expedite the homeless child’s access to the designated school. Such procedures shall include:
- Admission: Upon designation, the district shall immediately admit the homeless child to school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, medical or immunization records (however, the district may temporarily exclude a child from attendance if there are actual symptoms of a communicable disease that poses a significant risk of transmission to others), proof of age or residency or other documentation and even if there is a dispute with the child’s parents regarding school selection or enrollment. During a dispute, the student may continue attending the school until final resolution of the dispute, including all available appeals. Homeless children will have the same opportunity as other children to enroll in and succeed in the district’s schools. They will not be placed in separate schools or programs based on their status as homeless. The district shall eliminate barriers to identification, enrollment and retention of homeless children, including barriers to enrollment and retention due to outstanding fees, fines or absences.
- Transportation: The district shall promptly provide transportation for homeless students currently attending district schools as required by applicable law, as described in the accompanying regulation. In general, the district shall ensure that transportation is provided to homeless students enrolled in the district who attend a school of origin, including a publicly funded preschool administered by the district or SED, even if the student lives outside the district’s boundaries. Transportation shall be provided for the duration of homelessness, through the remainder of the school year in which the student becomes permanently housed, and one additional year if that is the student’s final year in the school.
- School Records: For homeless students attending school out of the district, the district shall, within five days of receipt of a request for records, forward a complete copy of the homeless child’s records including proof of age, academic records, evaluation, immunization records and guardianship paper, if applicable. For homeless students attending school in the district, the district shall request the student’s records (academic, medical, etc.) from the school the student last attended.
- Coordination: The district shall coordinate with local social services agencies and other entities providing services to homeless children and their families for the provision of services to homeless children, and shall coordinate with other school districts on issues of prompt identification, transportation, transfer of records, and other inter-district activities. This shall include ensuring the provision of appropriate services to homeless students with disabilities who are eligible for services under either Section 504 or IDEA.
A portion of the district’s Title I, Part A funds shall be set aside for homeless children and youth to provide educationally related support services and services not ordinarily provided to other students. Information about a homeless child’s living situation shall be treated as a student education record, and shall not be considered directory information under FERPA. See policy 5500, Student Records, for more information.
The Superintendent shall also designate a McKinney-Vento liaison for homeless children and ensure that this person is aware of, and able to carry out, his or her responsibilities under the law. The Superintendent shall ensure that the liaison receives appropriate professional development on identifying and meeting the needs of homeless students, including the definitions of terms related to homelessness. The liaison’s responsibilities shall include, but not be limited to, ensuring that:
- parents or guardians of homeless children are informed of the educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children;
- parents and guardians and unaccompanied youth are fully informed of all transportation services available to them, and are assisted in accessing them;
- enrollment disputes involving homeless children are promptly mediated and resolved;
- school personnel, through outreach and in coordination with shelters and social service agencies and other appropriate entities, identify homeless children, including homeless preschoolers;
- homeless children receive educational services, including but not limited to Head Start and preschool services to which they are eligible, as well as referrals to health care and other appropriate services for homeless children and their families;
- public notice of the educational rights of homeless children is disseminated in locations frequented by homeless unaccompanied youth and parents/guardians of homeless children, in a manner and form understandable to them;
- staff who provide services to homeless students receive required professional development and support on identifying and meeting the needs of homeless students;
- homeless unaccompanied youth are informed of their rights, are enrolled in school, and have opportunities to meet the same state standards set for all students, including receiving credit for full or partial coursework earned in a prior school pursuant to Commissioner’s regulations.
In accordance with law and regulation, the district will offer a prompt dispute resolution process (described in more detail in the accompanying administrative regulation). A student shall be entitled to continued enrollment in the district’s schools, and transportation, pending resolution of the dispute and all available appeals.
In accordance with Commissioner’s regulations, the district shall collect and transmit to the Commissioner information necessary to assess the educational needs of homeless children within the State. Cross-ref: 5150, School Admissions 5420, Student Health Services 5500, Student Records
Ref: 20 USC § 6313(c) 42 USC §§11431 et seq. McKinney-Vento Education for Homeless Children and Youth Program, 81 Fed. Reg. 14432-14436 (3/17/16) U.S. Department of Education, Education for Homeless Children and Youths Program, Non-Regulatory Guidance (7/27/16), https://www2.ed.gov/policy/elsec/leg/essa/160240ehcyguidance072716.pdf Education Law §§207; 305; 3202; 3205; 3209 Executive Law §§532-b; 532-e Social Services Law §§17; 62; 397 8 NYCRR §§100.2(x); 175.6
Adopted October 2017
Each school in the district shall maintain forms provided by the Commissioner of Education for designating a homeless child’s district of attendance. These forms must be immediately provided to any homeless child or parent or guardian who seeks to enroll a child in school. The district’s McKinney Vento liaison for homeless students shall assist the homeless child and/or parent or guardian in understanding their rights under the law and provide them with information regarding the educational and related opportunities available to them.
School placement decisions for homeless children will be based on the “best interest of the child” and shall:
- presume that keeping the child in the school of origin is in the child’s best interest, except when doing so is contract to the wishes of the parent or guardian or unaccompanied youth; and
- 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 unaccompanied youth.
If the district determines that it is in the best interests of the student to attend a school other than the school of origin or a school requested by the parent or guardian, the Superintendent or designee shall provide the parent or guardian or unaccompanied youth with a written explanation of its decision, together with a statement regarding the right to appeal the placement, which shall be in a manner and form understandable to them. The Superintendent or designee shall refer any such dispute to the district’s McKinney-Vento liaison for resolution. The student must be enrolled in the school sought by the parent or guardian or unaccompanied youth and provided with requested transportation pending final resolution of the dispute, including all available appeals.
Upon identifying a student experiencing homelessness, the Superintendent of Schools or designee shall immediately:
- ensure that a designation form is given to the parent or guardian or unaccompanied youth and review the designation form to ensure that it is complete;
- admit the homeless child even if the child or his/her parent or guardian is unable to produce records normally required for enrollment, or the student has missed application or enrollment deadlines, or there is an unresolved dispute regarding eligibility, school selection or enrollment;
- where applicable, make a written request to the school district where a copy of the child’s records are located for a copy of the homeless child’s school records;
- notify the McKinney-Vento liaison of the child’s admission. The liaison shall:
- notify the child and/or the parent or guardian of the educational and related opportunities available to homeless children including transportation to the school of origin, and help arrange for transportation and other services such as those under Title I, Section 504, IDEA, and federal school meals;
- ensure that the child receives the educational services for which they are eligible, including Head Start and Early Head Start, early intervention services, and preschool programs administered by the district;
- make necessary referrals for the homeless children or their families to health care services, dental services, mental health services, substance abuse services, housing services, and other appropriate services;
- ensure that any enrollment disputes are mediated promptly and in accordance with law;
- when assisting unaccompanied youth in placement or enrollment decisions, give priority to the views of such youth, and inform them of their status as “independent students” for purposes of applying for federal financial aid for college and assist with that process; and
- assist in obtaining required immunizations, health screenings, immunization records or health records.
The Superintendent or designee shall forward a copy of the designation form to the Commissioner of Education and the school district of origin where applicable.
Unless the homeless child is receiving transportation provided by the Department of Social Services, the district shall provide transportation services to the child in accordance with applicable law. Where the district is designated by the parent/guardian or unaccompanied youth, and the student attends the school of origin as defined in law described in the accompanying policy (including a publicly funded preschool administered by the district or the State Education Department), the district shall provide transportation, even if transportation is not generally provided to permanently housed students and the student is residing outside the district’s boundaries. A designated school district that must provide transportation to a homeless child is not required to provide transportation in excess of 50 miles one way, unless the Commissioner of Education determines that it is in the best interest of the child.
Transportation must be provided to the school of origin when the district receives notice of a child’s homeless status, for the duration of the student’s homelessness, as well as during the pendency of any disputes. Transportation must be provided to the receiving school as defined in Education Law §3209(1)(h) if the student is homeless over multiple school years. If a child is becomes permanently housed during the school year, the student has the right to transportation services to the school of origin until the end of the academic year, as well as one additional year if it is the student’s final grade level or terminal year in the building.
If the district recommends that a homeless child attend a summer educational program, and lack of transportation is a barrier to participation, the district shall provide transportation. The district shall provide transportation to extracurricular or school activities for homeless students eligible for such activities where lack of transportation is a barrier to participation.
Dispute Resolution Process
If, after the Superintendent reviews the designation form, he/she finds that the student is either not homeless, not entitled to attend the district’s school, or not entitled to transportation (if requested) the Superintendent or designee will do the following:
- Contact the district’s McKinney-Vento liaison to assist in dispute resolution process.
- Contact the student and parent (if available) and inform them of their opportunity to provide more information prior to the district making a final determination.
If, after consideration of any additional information and input from the McKinney-Vento liaison, the Superintendent makes a final determination that a student is not homeless, or not entitled to enrollment or transportation, he/she must provide the student’s parent or guardian, or the student, if the student is an unaccompanied youth, with written notice that the student is not entitled to their request. This written notice must also:
- state the rationale/basis for the district’s determination;
- state the date as of which the student will be excluded from the district’s schools (or transportation), which shall be at least 30 days from receipt of the written notice;
- advise that the district’s final determination may be appealed to the Commissioner of Education (Commissioner);
- provide the name and contact information for the district’s McKinney-Vento liaison;
- inform the student’s parent or guardian or the student, if the student is an unaccompanied youth, that the district’s McKinney-Vento liaison is required to assist him/her in filing such an appeal; and
- include, as an attachment, the form needed to file an appeal to the Commissioner.
The Superintendent must ensure that the district’s final decision is delivered to the parent, guardian, or unaccompanied youth in a timely manner. The student must remain enrolled and provided with transportation (if requested) until the district provides written notice of its final determination and for a minimum of 30 days after receipt of the determination to give the student’s parent or guardian or unaccompanied youth the opportunity to appeal to the Commissioner.
If the parent/guardian or student commences an appeal to the Commissioner within 30 days of the final determination, the homeless child or youth will be permitted to continue to attend the school s/he is enrolled in at the time of the appeal and/or receive transportation to that school until the Commissioner renders a decision.
Adopted: July 2018
For school purposes, the residence of the pupil’s parent(s), custodial parent(s), or guardian determines that of the child. The Board of Education, or its designee, shall determine student residency and whether a student is entitled to attend the schools of the District. Procedures for such determination shall comply with Commissioner’s Regulation Section 100.2(y).
- Non-resident students will not be accepted for enrollment in this school district. Students in their senior year who become non-residents after the opening of school for that school year may continue their education in the BH-BL High School for the remainder of that school year only. Transportation will become the responsibility of the parents and/or guardians. No tuition will be charged for such attendance. Students in grades K-11 who attend classes in Charlton Heights Elementary, Pashley Elementary, Stevens Elementary, O’Rourke Middle School or BHBL High School and become non-residents after March 1 may continue their education in these schools for the remainder of that school year only. Transportation will become the responsibility of the parents and/or guardians. No tuition will be charged for such attendance.
- Students who cannot be provided in their own district with a program that is available in our school district may be recommended by the Superintendent of Schools to the Board of Education for acceptance upon payment of regular tuition rates.
- Full time employees of this school district who reside outside of this school district may, upon payment of the regular tuition fee, enroll their children in the district schools. Placement of the child in a school will be determined by the Superintendent of Schools.
- Students sponsored by recognized agencies or organizations such as the American Field Service, Experiment in International Living, Rotary Exchange Program, or other programs in which the receiving parents are authorized to assume full control and responsibility for the visiting student will be accepted tuition free.
- An exchange agreement with a local school district may be considered with tuition-free enrollment when special situations warrant. The BH-BL district and the home district must agree that a student enrollment in a BH-BL school will be of mutual benefit and in the student’s best interest. The agreement must be in writing and specify the sending district’s willingness to reciprocate when it is in the best interests of the district and of a BH-BL student to attend a bordering school district without tuition. Board of Education approval will be necessary before any such agreement can be concluded.
Tuition fees will be computed according to the formula of the Commissioner of Education. This policy complies with current New York State Comptroller’s Regulations regarding tuition for all nonresident pupils.
TUITION FEES – NON-RESIDENT
Non-resident students, when accepted, will be charged tuition computed in accordance with the regulations of the Commissioner of Education. The Board will also establish a tuition rate for students with handicapping conditions, through a formula provided by the Education Department, to be charged to any other school district for such services that may be provided for such non-resident pupils by the district. Non-resident students whose parents own assessable property in the school district have the school tax payment subtracted from the tuition bill.
Reviewed January 2011 | Renumbered from P5116 – September 2015 | Revised May 2005 | Renumbered from P3240 – September 2015
For the 2020-21 school year the Board of Education directs the superintendent to develop administrative regulations governing enrollment in the temporary, virtual and in-person/hybrid school options. These regulations will expire at the end of this school year unless extension is authorized by the Board of Education.
Elementary School Building Assignment
Balanced class size across each grade level in the elementary schools is highly desirable in order to balance teacher attention to student educational needs and to optimize the utilization of facilities and staff. Initial assignment of elementary children to a specific building will be determined by the Superintendent of Schools or designee. Each elementary school has a catchment area or “school zone” from which it draws students. The district also designates some geographic areas as “swing zones” from which students may be assigned to one of two different schools.
In order to maintain balanced class sizes, initial assignment to an elementary school for incoming kindergarten students will typically not be made until July prior to the new school year. Students in the general education program will remain in their assigned school unless their residence changes to a different elementary school attendance zone.
If a student moves to a new elementary school attendance zone after January 1st, the parent(s) may choose to continue placement in the initial elementary school until the end of the school year. Transportation will be provided through our transfer bus system. These students will be moved to the school for the zone in which they reside at the beginning of the next school year. Exceptions may be made for students entering 5th grade at the discretion of the superintendent.
All elementary school youngsters in grades K-5 in a single family will be assigned to the same elementary school except for students enrolled in special district-wide programs which normally meet only in a selected school.
Elementary Class Placements
Parents will be notified about year-to-year elementary classroom placements in a timely fashion. Typically this will occur by the end of the previous school year. A process will be in place allowing parents the opportunity to give input prior to student assignment. Parent(s) have the option of scheduling a meeting with the principal to discuss any special concerns that they may have about placements (i.e. twins and higher order multiples). Should the parent disagree with the placement of an elementary student, the parent(s) will have the opportunity to meet with the principal to discuss the placement and review any pertinent data. After this process has been followed, the Principal’s decision on the matter will be final, absent a violation of Board of Education policy or Education Law.
All assignments should be considered year by year and case by case. Blanket policies regarding placements (i.e. for twins or multiples, younger siblings, etc.) other than those specifically proscribed in board policy are prohibited.
Grouping should be flexible so that a student may, when recommended by the principal, be moved from one group to another.
Elementary and Secondary Grade Level Assignment
The building principal will be responsible for the assignment of students to appropriate grade levels. Each building principal will establish classes based upon pupil performance, teacher recommendation, standardized test scores and such other factors as may be pertinent.
Secondary Grouping and Class Assignment
n the secondary schools, principals will be assisted by guidance counselors and K-12 Department Heads in determining appropriate groupings and class assignments. Secondary Students will be assigned to classes for the upcoming school year on the basis of their course elections as reviewed by their guidance counselor prior to March 1 annually. Program changes after initial course selection must be based on a change in circumstances and approved by the guidance counselor. The assistant principal in charge of scheduling must approve any election changes after July 1. A student or parent has the right to appeal a guidance counselor or assistant principal’s course assignment decision to the building principal, whose decision on the matter will be final absent a violation of Board of Education policy or Education Law.
Revised April 2011 | Reviewed March 2012 | Renumbered from P5114 – September 2015 | Renumbered from P6510 – September 2015 | Revised October 2017 | Revised August 2020
Assignment of students to schools and classes should be consistent with the best interests of students and the best use of the resources of the district.
In assigning students to classes/teachers, the following criteria shall be considered: age, social and emotional maturity, special interests, and academic achievement in relation to individual ability. It is the goal of administration to create classes that can productively learn together.
Principals should solicit input from parents prior to making class placement decisions. Parents should be given the opportunity to provide information to the building principal through the use of an Elementary Parent Placement Input Form (PDF of Policy includes this form. Please download). This form should provide the parent with the opportunity to describe:
- the ideal learning environment for their child;
- the attributes that a teacher would have that would most benefit their student’s educational growth; and
- previous personal experience with a grade level teacher that would be important in considering class placement (request specific details).
In addition to providing written input, parent(s) have the option of scheduling a meeting with the principal to discuss any special or more in-depth concerns that they may have about placements (i.e. medical issues, needs of twins and higher order multiples, social or emotional concerns). This information will be considered as part of the placement process.
Final decisions regarding assignment of students to classes and teachers rests with the building principal.
Attachment Adopted March 2018
The following administrative regulation is in effect for the 2020-21 school year unless rescinded by the Superintendent of Schools as directed by the Board of Education.
For the purposes of this Regulation, the following definitions will be used:
Fully Virtual/Remote School refers to the model whereby students, at the specific request of parent(s)/guardian(s), are educated remotely for a specified period of time. Specifics of the virtual school model vary by level:
- Elementary Virtual School: Students across the three elementary schools will be combined into virtual grade level sections taught by BH-BL elementary certified teachers. Special area classes will be added for virtual learners at scheduled times. Parents are committed to the model on a trimester-by-trimester basis.
- Kindergarten Virtual School: Kindergarten students will attend virtually daily for 2 hours of instruction provided by a certified BHBL kindergarten teacher. Parents are committed to the model on a trimester-by-trimester basis.
- Secondary Virtual School: Middle School and High School students will be assigned to completely virtual sections by course on a parallel schedule to the in-person/hybrid program. These courses will be taught by certified BH-BL teachers trained in teaching in the virtual setting. In special circumstances, virtual students may remotely enter in-person courses. Parents are committed to the model on a semester-by-semester basis.
In-Person/Hybrid School refers to the model whereby students will attend school in-person. In order to meet or exceed the NYS Department of Health and NYS Department of Education guidelines for safe in-person education, we are implementing modifications to the students’ schedules and daily routines. These modifications vary by level:
- Elementary In-Person/Hybrid Model: Students in Grades 1-5 will attend school daily. Grade-level Elementary class sections are divided into two “pods” of approximately 10-12 to maintain social distancing. All students in each pod will be taught by a certified BHBL elementary teacher. Pods are also supervised at times by a second adult when the primary teacher is physical with the other pod. Technology and socially distant spaces (i.e. outside) will be utilized as appropriate to “join” the pods. Special area classes will be provided to the pods on rotation utilizing a combination of virtual and in-person delivery models.
- Kindergarten In-Person Model: Kindergarten students will attend every other day for in-person instruction. Students will not receive formal instruction on alternate days.
- Secondary In-Person/Hybrid Model: Students in grades 6-12 will attend school on a rotating basis (two days in-person and two days remotely from home on an alternating, predetermined schedule). Teachers will provide instruction to both sets of students using synchronous and/or asynchronous instructional strategies. Most teachers will be providing on-site in-person instruction although it is possible that some classes taken by in-person/hybrid students will be taught by an instructor who is teaching remotely.
Parents were asked to choose between Fully Virtual/Remote School and In-Person/Hybrid School and submit their choice to the district by August 10, 2020. Principals contacted parents who did not respond to identify a choice for all students. All parent choices were honored. The district worked with parents who changed their registration preference up until August 21, 2020. At this point, with the level of planning, staffing, and scheduling required for the development of these multiple options, the registration status for the first trimester/semester has been finalized. Changes in registration status prior to the end of the specified time period will only be made under extenuating circumstances and must be approved by the Superintendent of Schools.
Students enrolled in the Fully Virtual Option will receive all instruction in a remote setting. Students enrolled in virtual school will remain in the virtual program, minimally for the entirety of the first trimester (Grades K-5) or the semester (Grades 6-12).
Changes to Registration Status
Parents of elementary students who would like to shift registration status for the start of the second trimester must notify the school district registrar of the intent to shift from one model to the other no later than November 1, 2020. (The district will provide a portal for submitting notification of change in registration status.) This will provide time for the District to reassign teachers between virtual and in-person instructional assignments as student enrollments shift. Note: Large changes in enrollment may require changes to the overall structure and schedule for all students.
Parents of middle school and high school students who would like to shift registration status for the start of the second semester must notify the school district registrar of the intent to shift from one model to the other no later than December 15, 2020. (The district will provide a portal for submitting notification of change in registration status.) This will provide time for the District to reassign teachers between virtual and in-person instructional assignments as student enrollments shift. Note: Large changes in enrollment may require changes to the overall structure and schedule for all students.
If elementary students transfer from the virtual school to in-person learning at the end of the first specified commitment period, every effort will be made to assign them to their home school. Due to social distancing requirements and the assignment of staff to in-person and virtual classrooms, students returning to in-person schooling may be assigned to schools other than their homeschool only if the homeschool is at max capacity for social distancing requirements.
Fully Virtual/Remote School Attendance and Curriculum
Instruction and instructional materials for remote school will be provided through a high-quality combination of asynchronous and synchronous modalities. Teachers will connect live daily with students and attendance will be taken. Students must attend all live scheduled aspects of the virtual school program. Several classes, including specials, will be assigned at specific times. It is the responsibility of the virtual student to attend all required sessions.
While the intention is that all primary instruction will be provided by the teachers(s), parents of younger students will need to be engaged in supporting instruction from home.
Student attendance in the Fully Virtual/Remote School will be taken every day. Student work must be returned to the teacher(s) completed. Students will receive grades and progress reports in the same manner as students in the in-person/hybrid school.
At the elementary level, virtual instruction will be provided in ELA, math, science, and social studies for each grade level. Students will also have access to weekly lessons for PE, art, music, and library (grades 1-5). At the middle school level, virtual instructions will be provided in all core classes, world language, and a variety of special area electives as allowed by the schedule. At the high school level, students will receive all courses required for graduation. Every attempt will be made to accommodate requests for electives and/or advanced placement courses, although it will not be possible to honor every request.
In-Person/Hybrid School Attendance and Curriculum
In order to remain eligible for attendance, parents will be asked to complete a COVID screening questionnaire daily through their email or text message.
At the elementary level, students will attend school every day, as described above. Attendance will be taken traditionally.
At the secondary level (Grades 6-12), students will be assigned to one of two cohorts (Maroon and Gray) and attend on a two-day-on/two-day-off alternating schedule. All students from the same household will be placed in the same cohort. Once a student is assigned to a cohort it is disruptive to switch cohorts and parents are discouraged from making this request.
Secondary in-person students will follow a specific schedule every day, whether they are physically present at school or joining remotely that day. Students will attend all assigned classes at their scheduled time, whether in-person or hybrid. Teachers are expected to make synchronous connections with all students daily for the purpose of attendance and orienting the instructional day. After those initial connections, teachers will choose from a variety of modalities for students learning from home including livestreaming the class for the full period, providing asynchronous content and activities, project-based learning, or any combination of these modalities.
If a student enrolled in the In-Person/Hybrid School is out of school for a short period of time (days or weeks) due to excused illness, the student will not transfer into the fully virtual sections. Secondary students may be able to join their current classes remotely on days that they would normally be in-person in cases of illness or excused absence. In some cases, it may be possible for elementary students to join their “pod” remotely during periods of excused absence but in all cases of excused absence, teachers will provide school work in the same way that they would provide work in the traditional setting.
In Case of Pivot to Full Remote
In the event in-person instruction is suspended and all students shift to an entirely virtual setting, students enrolled in the fully virtual/remote school will remain in their current virtual program and will continue to follow exactly the same schedule.
In the event in-person instruction is suspended and all students shift to an entirely virtual setting, students enrolled in the In-Person/Hybrid mode will remain in all of their current classes and groupings and will continue to follow their daily schedule remotely every day.
No student may be released from school to anyone other than the parent, guardian or child protective services personnel, and law enforcement officers pursuant to law, unless the name of the individual seeking release of the student appears on a list provided by the parent or guardian.
A student may be released to either parent unless a custodial parent supplies the school principal with a certified copy of a court order or divorce decree to the contrary.
In the event of an emergency, the principal, or his/her designee, may release a student to an individual not appearing on the list provided by the parent only if the parent or guardian has been contacted by the principal and has approved the release, and the principal determines that an emergency exists.
Reviewed January 2011 | Renumbered from P5118 – September 2015
The Board of Education will comply with Commissioner’s Regulation 109.2 regarding released time.
Working with the local churches, released time for religious instruction will be established on a predetermined day for one (1) hour per week. A written request from the parents must be presented before the pupil may be released.
No new material should be presented to pupils remaining in the school during released time. Instruction may continue during release time.
Reviewed March 2012 | Renumbered from P6330 – September 2015
The Board of Education recognizes the educational values inherent in student participation in the extracurricular life of the school and in community and civic organizations. The operation of such funds is also a valuable learning opportunity for the students. Students should be encouraged to participate in these activities where such participation is in accordance with the philosophy and the goals of the district and its standards of conduct.
Social events for students carried on by school organizations may occur when they do not detract from or interfere with the primary objectives of the school system.
In order to safeguard the fund and teach students the proper management of funds in a business-like manner, the Board has established the following criteria, which all student activity programs must meet:
- student activities must be in balance with other activities in the schools and student activities must be managed in a professional manner.
- The principal will request approval for any new extra-classroom activities club to the Superintendent for approval by the Board of Education.
The following guidelines will govern the student activities programs:
- Student activities are those school activities that are voluntarily engaged in by students, have the approval of the school administration and do not carry credit toward promotion or graduation.
- All clubs affiliated with the school must be approved by the building principal. The building principal will be responsible for establishing the procedures necessary for a club to be formed and the by-laws by which the club operates.
- Each extra classroom activity will have a faculty advisor recommended by the principal to the Superintendent and appointed by the Board of Education.
- Each classroom activity club shall have at least one president and secretary/treasurer.
- The building principal will be responsible for all activities in the building with the exception of athletic, music or art activities.
- The building principal and the District Director of Athletics will be jointly responsible for all athletic activities in the building.
- The building principal and the District Department Head of Fine Arts will be jointly responsible for all music and art activities in the building.
- Rule for the conduct of activities should be established and enforced.
- Fundraising activities should be approved by the building principal in accordance with policy P5251 pertaining to fundraising for student activities. When unusual or potentially controversial activities are proposed, the principal should ask the Superintendent of Schools to approve the establishment of such activity.
- Activities must be open to all students, regardless of race, religion, sex, national origin, disabling condition or other human differences.
- Activities must not place undue burdens upon students, teachers, or schools.
- Activities should be held after classes are dismissed, or at an appropriate time during class time.
Reviewed September 2015 | Revised September 2019
An advisory council to the principal, composed of a specified number of students appointed through the student government organization or by teacher recommendation will be formed in each secondary school. The advisory council will meet regularly to consider matters of general concern and to make recommendations to the principal for procedural or policy changes.
The council has an advisory role only, and the building principal is not bound to accept the council recommendations. The council should serve as a communications link that will keep the principals apprised of student views and concerns.
Revised June 2004 | Renumbered from P5370 – September 2015
- Solicitation of Funds: The Burnt Hills-Ballston Lake Central School system may cooperate in area fund drives as permitted by the Regulations of the Commissioner. Other charities may place containers in areas other than the classroom for voluntary contributions with the prior approval of the Superintendent of Schools.
- Non-School Sponsored Contests: Except for athletic events, the building principal shall be responsible for approving all contests for pupils.
Contests will be evaluated in relationship to the benefits accrued by the pupils and their reflection on the school district.
RESTRICTIONS ON FUNDRAISING FOR STUDENT ACTIVITIES
All fund-raising by school sponsored groups (i.e. clubs, classes, teams, music groups, etc.) must be approved by the faculty sponsor and the building principal in writing prior to a commitment to the project. Once a commitment to raise funds for an approved educational activity is made, the proposed use of the funds raised by students cannot be altered without the consent of the building principal, the faculty sponsor, and a two-thirds majority of students who engaged in the fund-raising activity.
Amounts to be raised should not exceed the estimated cost of the specified trip or activity. When targeted amounts have been raised, fund-raising should be terminated. All funds raised as a result of such projects must be deposited in the group’s Extra-class Activity Fund account, and all claims associated with the planned activity must be paid for from this account.
The door-to-door sale of products to adults in the community can adversely affect school-community relations. Such direct public sales must be held to a minimum. Because young children are exposed to unnecessary dangers by public door-to-door fundraising, elementary students will not be permitted to participate in school-related door-to-door fundraising projects. Door-to-door sale to adults may be sponsored at the secondary level with approval from the building principal or the K-12 department head. A direct solicitation of public donations will be considered to be the same as a public door-to-door sale. These restrictions do not apply to a charge for student services, admission to student programs, or in-school sales to students or adults as long as door-to-door solicitation is not involved.
Revised May 2007 | Renumbered from P1320 – September 2015 | Revised April 2011 | Renumbered from P5231 – September 2015
In those organizational activities of the students where funds are required to meet the purposes of the organization, the funds will be administered by the students with the approval of the assigned board appointed advisor and the building principal.
Funds will be maintained, accounted for and audited separately for each organization. In accordance with the “Safeguarding, Accounting, and Auditing of Extra Classroom Activity Funds Finance Pamphlet” available from the New York State Education Department. A central treasurer will be appointed yearly at the reorganization meeting for the management of funds associated with these clubs and organizations.
Any Extra-Class Activity Fund for an organization which has ceased to exist will be deemed to be inoperative and any remaining balance in such account will be transferred to the general student government or student council account within the Extra Class Activity Fund at the school where the account originated.
Interest earnings from temporary surplus balances of the Extra-Class Activity Fund will be credited to the respective general student government or council account in proportion to the amount of such funds on deposit from each school at the time of investment.
Reviewed January 2011 | Renumbered from P5230 – September 2015 | Revised June 2019 | Revised September 2019 | Revised October 2020
Except for athletic events, the building principal will be responsible for approving all contests proposed for students. In issuing approval he/she will be guided by the benefits accruing to the students, and the effect on the public image of the school district.
Reviewed January 2011 | Renumbered from P5270 – September 2015
Statement of Policy
The athletic program will be administered in harmony with the District’s statement of philosophy and goals, its policy of non-discrimination on the basis of sex, and all other District policies. Coaches must meet the course requirements established by the Commissioner of Education to be eligible for appointment. The health and safety of student athletes will be of paramount concern in conducting the athletic program. In accordance with the New York State Public High School Athletic Association (NYSPHSAA) guidelines as well as the NYS Concussion Management Awareness Act of 2011, the District will adhere to the board approved Concussion Management Plan. District athletic programs should provide opportunities for character and athletic skill development and prepare student athletes for fair and instructive competition. Any 7th or 8th grade student wishing to play on a high school level team must follow the NYS Athletic Placement Process in accordance with the NYSPHSAA (as defined in AR 5280).
A program of athletic competition will be conducted in compliance with the Regulations of the Commissioner of Education and the policies, codes, and standards of New York State Public High School Athletic Association (NYSPHSAA) and the District. District athletic teams will compete within the Suburban Scholastic Council League and will be subject to the rules of competition established by that league. Independent competition will be arranged where competition is not available within the Suburban Council (i.e. football). District teams may participate in sectional competition when they are eligible, and sectional champions may participate in state intersectional competition.
Individual athletes or teams may compete outside the geographical boundaries of Section 2 only with the permission of the Board of Education upon the recommendation of the Superintendent of Schools.
Student eligibility for participation on interscholastic teams shall include:
- authorization by the school physician;
- parent or guardian signature on Health Update form (and TBI Impact Testing, when necessary). All parents will be provided with information on mild traumatic brain injury (TBI) including a link to the State Education Department’s web page on TBI); and
- Permission of the Building Principal based on established rules and various league and State Education Department regulations.
An arrangement for adequate insurance coverage for the travel in question must accompany each request for Board of Education authorization of special athletic competition.
The Board of Education does not expect the athletic program to assign a priority to the development of professionally-skilled athletes, nor will win/loss records be a primary concern in the evaluation of coaching performance.
Interscholastic athletics for boys and girls is an integral and desirable part of the District’s secondary school educational program. Individual and team sports shall be based upon comprehensive physical education instruction and intramural activities, seeking broad participation from all eligible secondary students. Parity in the number and kind of sports activities for girls and boys is a clear objective of the District.
ELIGIBILITY FOR INTERSCHOLASTIC ATHLETICS
Students properly enrolled in the District’s secondary schools may participate in interscholastic athletic competition sponsored by the District under the following guidelines:
- Subdivision (e) of Section 135.4 of the Regulations of the Commissioner of Education will serve as the basic guideline for administering the District’s interscholastic athletic program including its student eligibility standards.
- Girls may participate on the same team with boys in interscholastic competition, and boys with girls, in compliance with the Regulations of the Commissioner of Education, eligibility standards of the NYSPHSAA, and Federal Title IX regulations.
Reviewed January 2011 | Renumbered from P5290 – September 2015 | Renumbered from P5292 – September 2015 | Revised April 2016
- Academic Standards. Athletics, generally speaking, have a positive effect on the athlete’s performance in the classroom and feelings towards school.
It is the responsibility of parents/guardians to determine whether their son/daughter will continue to participate if marks are below what they feel acceptable. Parents should consult with their child’s guidance counselor or coach if they have questions about grades and athletic competition.
Students who fail two or more subjects are responsible for making arrangements to receive regularly scheduled help in any subject in which they are having difficulty. These arrangements could include:
- Study sessions during activity period prior to regularly scheduled practices.
- Evening study sessions after regularly scheduled practices.
- Academic Support Center attendance during study halls or free blocks
during the regular school day.
- Students who fail to attend and participate in regularly scheduled help
sessions may be subject to suspension from games.
- Academic Standards. Athletics, generally speaking, have a positive effect on the athlete’s performance in the classroom and feelings towards school.
- Team Standards. In addition to the regular school policies that are in effect at all times, athletes must:
- 1. Receive a sports physical before participation in practice or a game. Sports physicals will be given and approved by the school physician. Physicals provided by the athlete’s physician will be accepted and approved by the school physician. The sports physical will be valid for one school calendar year. A sports physical review by our school nurse will occur prior to participation in the athlete’s next season.
- Attend all practices and contests unless excused by the coach.
- Demonstrate respect for fellow teammates, coaches, game officials, and opponents.
- Demonstrate control over emotions and language.
- Follow specific rules set up by the coach.
- Ride the team bus to and from all away athletic contests. Under unusual circumstances, an athlete may receive permission from his/her coach to ride home from a contest with his/her parent(s)/guardian(s).
- The homeroom attendance check is the official attendance record for the day. Students must be in homeroom in order to receive attendance credit for the day. TO BE ELIGIBLE TO PARTICIPATE IN ANY EXTRA-CURRICULAR ACTIVITY (INCLUDING REHEARSALS, ATHLETIC PRACTICES, ETC.) STUDENTS MUST BE IN ATTENDANCE FOR THE ENTIRE DAY, INCLUDING HOMEROOM.
- Demonstrate respect for others through avoidance of physical or verbal abuse.Violation of the above standards may result in disciplinary action, including suspension ranging from one game to all games remaining on the schedule. The coach will recommend the penalty to the Assistant Principal and Director of Athletics.
- Athletic Training Rules
During the school year, an athlete is prohibited from:
1. The use or possession of alcohol, tobacco (including snuff, chewing and smokeless tobacco) and illegal drugs.
2. Illegal behaviors, including hosting and/or attending drinking/drug parties and selling controlled substances or alcohol.Penalties
Upon verification by a school official (teacher, coach or administrator) the penalties outlined will be imposed:First Offense
1. Beginning on the date of the offense, the athlete will be placed on probation for three athletic seasons (Fall, Winter, Spring).
2. The athlete will be suspended from the team for a minimum of 20% of the team’s contests that season.
3. A conference involving the coach, athletic director, player and parent/guardian will be held to inform the athlete of his/her penalty and role on the team during suspension. During the suspension, the athlete will be referred to the appropriate school personnel for counseling.Second Offense
If the second offense occurs during the probationary period of three athletic seasons:
1. The athlete will be immediately suspended for the remainder of the sport season.
2. The athlete will receive a minimum 30% loss of team contests for his/her next sport season in which he/she participates.
3. The athlete will be required to seek mandatory in-school counseling. The counseling must begin prior to the athlete’s return to competition. Failure to attend said counseling will result in the athlete becoming ineligible for competition for the probationary period.Third Offense
If a third offense occurs during the probationary period, the athlete will be suspended from participation in interscholastic athletics for three athletic seasons beginning on the date of the third offense.Self-referral
An athlete who admits guilt or who requests assistance with a problem prior to any violation being discovered will be directed for assistance. He/she may have their suspension reduced or eliminated. A one-year probationary period will go into effect and any future violation will be handled as a second offense.
Substance Abuse Regulations are in force through the school calendar year. However, it is the expectation of BH-BL staff that students will use good judgment and refrain from using alcohol and illegal drugs throughout the year, including the summer recess.
- Quitting Team/Dismissal
Any athlete who quits after the final cut has been made, will not be permitted to join another team during that sport season except with permission of the Director of Athletics after consultation with the coaches involved. Any athlete who is dismissed from a team for violating the Code of Conduct will not be permitted to join another team during that sport season. In addition, any student athlete who voluntarily quits or is dismissed under this provision without permission from the Athletic Director or coach will receive the loss of 20% of their next sports season.
Athletes are expected to adhere to school and community standards of conduct and behavior. Failure to comply may result in appropriate discipline at the direction of the administration.
- Outside Team Rule
The New York State Public High School Athletic Association permits outside competition. Burnt Hills-Ballston Lake athletes must recognize that commitment to the school team comes first, and outside participation should not be detrimental to an individual or to a BH-BL team. There may be circumstances in which a student should not participate in an outside competition due to the possible negative effect on the school team. Athletes are not to participate until receiving approval from the coach of the school team.
- Issuing of School Equipment and Clothing
It is the responsibility of the athlete to turn back to the coach all equipment and clothing issued. Failure to do this will result in the athlete paying for the missing articles. A list of any violation will be sent to the Athletic Director and then forwarded to the building principal.
- Athletic Placement Process
Students in grades 7 or 8 who are exceptional athletes are provided an opportunity to try out for a freshman, junior varsity and/or varsity team. Students must meet the requirements outlined in the New York State Athletic Placement Process. These requirements may be obtained from the Athletic Director.
- Transportation for Special Competition
During the course of the year, individual teams sometimes compete with schools outside of Section II. Board of Education approval is required. If approved, the team will provide their own means of transportation to the contest. Parents will be required to sign a transportation waiver in order for their child to compete. These forms will be provided by their coach or may be picked up at the Athletic Director’s office.
Approved May 2000 | Revised April 2019
SPECIAL ATHLETIC COMPETITION
Procedures for securing the Board of Education’s permission for special athletic competition under Policy 5280 are as follows:
- The coach will submit in writing to the Athletic Director at least 30 days prior to the date of the special competition requested:
- The name, location and date of competition.
- The performance standard warranting consideration and a rationale for entering the competition.
- Cost of the trip
- Indication of the insurance coverage to be provided.
- Educational Impact
- The Athletic Director will consider the following before making a written request through the Superintendent of Schools for Board approval of special athletic competition:
- Date and site of competition.
- Rationale for entering.
- Cost and Source of Funding
- Educational Impact.
If the Athletic Director approves the request, he/she will confer with the building principal. If the building principal also approves the request, it must be forwarded to the Superintendent of Schools at least 20 days prior to the date of the special competition.
- The Superintendent of Schools will review the request and decide whether or not to submit it to the Board of Education for its consideration. Special athletic competition beyond regular Suburban Scholastic Council and Section 2 scheduled competition may not be conducted without the approval of the Board of Education.
- The Athletic Director will budget for entry fees for special competitions and the District will pay the entry fees.
Reviewed 1983-84 | Reviewed May 1987 | Reviewed August 1993 | Renumbered from AR5382 and Revised June 2000 | Renumbered from AR5291 & added to AR5290 | Renumbered from AR5190 to AR5280
5300.15 Student Responsibility and Freedom of Expression
5300.20 Essential Partners
5300.25 Student Dress Code
5300.30 Prohibited Student Conduct | Alcohol and Drug Possession or Use | Weapons in School – Gun Free Schools Act – Student Discipline | Weapons in School – Safety of School Premises and School-Sponsored Activities – Dangerous Instruments
5300.35 Reporting Violations
5300.40 Disciplinary Procedures | Teacher Removal of a Disruptive Student | Suspension and Expulsion
5300.45 Alternative Instruction
5300.50 Student Discipline
5300.55 Corporal Punishment Prohibition
5300.60 Student Searches and Interrogations
5300.65 Visitors to the Schools
5300.70 Public Conduct on School Property
5300.75 Dissemination and Review
The Board of Education is committed to providing a safe and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other district personnel, parents and other visitors is essential to achieving this goal.
The district has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity.
The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, identify the possible consequences of unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and fairly. To this end, the Board adopts this code of conduct.
Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property, on school sanctioned transportation to and from any school event, or attending a school function.
Revised April 2011
For purposes of this code, the following definitions apply.
“Disruptive student” means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. “Gender” means actual or perceived sex and shall include a person’s gender identity or expression.
“Gender expression” is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.
“Gender identity” is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth.
“Parent” means parent, guardian or person in parental relation to a student.
“Restorative Practices” are a response to student actions that violate the dignity, safety or well-being of others by connecting the person responsible for the harm with those who have been harmed, in order to reach a resolution that guides, and assists the person responsible for the harm in accepting responsibility, apologizing for the harm, making meaningful reparation and improving the relationship between parties.
“School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law §142.
“School function” means any school-sponsored extra-curricular event or activity.
“Sexual orientation” means actual or perceived heterosexuality, homosexuality or bisexuality.
“Violent student” means a student under the age of 21 who:
- Commits an act of violence upon a school employee, or attempts to do so.
- Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
- Possesses, while on school property or at a school function, a weapon.
- Displays, while on school property or at a school function, what appears to be a weapon.
- Threatens, while on school property or at a school function, to use a weapon.
- Knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on school property or at a school function.
- Knowingly and intentionally damages or destroys school district property.
“Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutters, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.
Revised January 2022 | Adoption date: August 2017
Students shall enjoy the constitutional right of freedom of expression. They shall have the right to express their opinions and ideas, support causes and take stands, publicly or privately, in speech or in writing. Compliance with the following is required:
- The Board of Education is the only group that may take a stand representing the school as an institution.
- The right to use school avenues of communication including newspapers, announcements and bulletin boards is limited to student or staff personnel. The restrictions in Section 3 below also apply to bulletin boards.
- All student publications will comply with the rules for responsible journalism. Libelous statements, unfounded charges and accusations, obscenity, false statements, materials advocating racial or religious prejudice, hatred, violence, the breaking of laws and school regulations, or materials designed to disrupt the educational process will not be permitted. Expressions of personal opinion must be clearly identified as such, and bear the name of the author. Opportunity for the expression of opinions differing from those of the student publishers must be provided. In addition, student newspapers and/or publications which are paid for by the school district and/or produced under the direction of a teacher as part of the school curriculum are not considered a public forum. In such cases, the Board reserves the right to edit or delete such student speech which it feels is inconsistent with the district’s basic educational mission. Students have the right to distribute leaflets, newspapers, and other literature with the prior consent of the building principal at times and locations which in his/her opinion do not interfere with school operations.
- Students have the right to take action provided it is not prejudicial to public safety, the lawful rights of other persons, free access to all portions of the building and grounds, or to the normal conduct of the school program.
- Absence from school or classes to attend special events must be arranged by the usual procedures for excused absences.
- Take part in all district activities on an equal basis regardless of race (including traits historically associated with race, such as hair texture and protective), weight, color, national origin, ethnic group, religion religious practice, gender (including gender identity and expression) or sexual orientation or disability.
- In the event that actions by pupils or others occur at a school and in the opinion of principal these actions pose a threat to the personal safety of building occupants or risk of serious property damage beyond his/her ability to control, the principal should request immediate police assistance.
- In each secondary school, an advisory committee will be established whose function will be to consider problems and/or grievances and subsequently to advise the building principal.
- All requests for guests or guest speakers must be approved by the building principal who may, if he/she deems necessary, consult with the advisory committee.
- The building principal may or may not take the advice of the advisory committee. Appeals of the building principal’s decision to the Superintendent and the Board of Education are the right and responsibility of the individuals involved.
Revised January 2022 | Revised June 2004 | Renumbered from P5311 – September 2015
All parents are expected to:
- Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community and collaborate with the district to optimize their child’s educational opportunities.
- Send their children to school ready to participate and learn.
- Ensure their children attend school regularly and on time.
- Ensure absences are excused.
- Ensure their children are dressed and groomed in a manner consistent with the student dress code.
- Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
- Know school rules and help their children understand them so that their children can help create a safe, supportive school environment.
- Convey to their children a supportive attitude toward education and the district.
- Build positive, constructive relationships with teachers, other parents and their children’s friends. Meet with teachers as necessary as a way to share information, address concerns, and solve problems.
- Help their children deal effectively with peer pressure.
- Inform school officials of changes in the home situation that may affect student conduct or performance.
- Provide a place for study and ensure homework assignments are completed.
- Stay apprised of their children’s progress by regularly reviewing report cards, progress reports, and parent portal information.
All district teachers are expected to:
- Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race such as hair texture and protective hairstyles), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex, which will strengthen students’ self-concept and promote confidence to learn.
- Be prepared to teach.
- Demonstrate interest in teaching and concern for holistic student achievement.
- Know school policies and rules, and enforce them in a fair and consistent manner.
- Maintain confidentiality in conformity with federal and state law.
- Communicate to students and parents:
- Course objectives and requirements
- Marking/grading procedures
- Assignment deadlines
- Expectations for students
- Classroom discipline plan.
- Communicate regularly with students, parents and other teachers concerning growth and achievement. Meet with parents as necessary as a way to share information, address concerns, and solve problems.
- Participate in school-wide efforts to provide adequate supervision in all school spaces, in conformity with the Taylor Law.
- Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
- Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
C. Guidance Counselors
- Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation gender or sex.
- Assist students in coping with peer pressure and emerging personal, social and emotional problems.
- Initiate or help to arrange conferences between and among parents, teachers, students and counselors, as necessary, as a way to share information, address concerns, and solve problems.
- Regularly review with students their educational progress and career plans.
- Maintain confidentiality in accordance with federal and state law.
- Provide information to assist students with career and life planning.
- Encourage students to benefit from the curriculum and extracurricular programs.
- Make known to students and families the resources in the community that are available to meet their needs.
- Participate in school-wide efforts to provide adequate supervision in all school spaces.
- Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
- Address personal biases that may prevent equal treatment of all extracurricular programs.
D. Other School Personnel
- Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race such as hair texture and protective hairstyles), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex, which will strengthen students’ self-concept and promote confidence to learn.
- Maintain confidentiality in accordance with federal and state law.
- Be familiar with the code of conduct.
- Help children understand the district’s expectations for maintaining a safe, orderly environment.
- Participate in school-wide efforts to provide adequate supervision in all school spaces.
- Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
- Address personal biases that may prevent equal treatment of all students.
- Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.
- Ensure that students and staff have the opportunity to communicate regularly with the principal/administrators and have access to the principal/administrators for redress of grievances.
- Maintain confidentiality in accordance with federal and state law.
- Evaluate on a regular basis all instructional programs to ensure infusion of civility education in the curriculum.
- Support the development of and student participation in appropriate extracurricular activities.
- Provide support in the development of the code of conduct, when called upon. Disseminate the code of conduct and anti-harassment policies.
- Be responsible for enforcing the code of conduct and ensuring that all cases are resolved promptly and fairly.
- Participate in school-wide efforts to provide adequate supervision in all school spaces.
- Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
- Address personal biases that may prevent equal treatment of all students and staff.
Revised January 2022 | Adopted: March 2016
The building principals working with the Superintendent of Schools should insure that student dress is within acceptable limits that will not be disruptive to the educational process and will protect health and safety.
Reviewed January 2011 | Renumbered from P5316 – September 2015
The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment.
The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.
The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others. Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.
Students may be subject to disciplinary action, up to and including suspension from school, when they:
- Engage in conduct that is disorderly. Examples of disorderly conduct include but are not limited to:
- Running in hallways.
- Making unreasonable noise.
- Using language or gestures that are profane, lewd, vulgar or abusive.
- Obstructing vehicular or pedestrian traffic.
- Engaging in any willful act which disrupts the normal operation of the school community.
- Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
- Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of the district’s acceptable use policy.
- Engage in conduct that is insubordinate. Examples of insubordinate conduct include:
- Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.
- Lateness for, missing or leaving school without permission.
- Skipping detention.
- Engage in conduct that is disruptive. Examples of disruptive conduct include:
- Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
- Engage in conduct that is violent. Examples of violent conduct include:
- Committing or threatening an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
- Committing or threatening an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
- Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
- Displaying what appears to be a weapon.
- Threatening to use any weapon.
- Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
- Intentionally damaging or destroying school district property.
- Engage in any conduct that endangers the safety, morals, health or welfare of others. Examples of such conduct include:
- Lying to school personnel.
- Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.
- Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.
- Discrimination, which includes the use of race, color, creed, national origin, religion, gender, sexual orientation or disability as a basis for treating another in a negative manner.
- Harassment, including computer/electronic harassment, which includes a sufficiently severe action or persistent pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be, or which a reasonable person would perceive as ridiculing or demeaning.
- Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
- Hazing, which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.
- Selling, using or possessing obscene material.
- Using vulgar or abusive language, cursing or swearing.
- Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.
- Possessing, consuming, selling, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as “designer drugs.”
- Inappropriately using or sharing prescription and over-the-counter drugs.
- Violation of building dress code including indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
- Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
- Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses, to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.
- Engage in any form of academic misconduct. Examples of academic misconduct include:
- Altering records
- Assisting another student in any of the above actions
- Unauthorized collaboration
ALCOHOL AND DRUG POSSESSION OR USE
Students may not use, possess, or be under the influence of alcohol, illegal drugs, or improper use of a legal substance; nor use or possess drug paraphernalia at any time on school property or at any school related function. Violation of this policy will result in immediate suspension from school. If circumstances warrant readmission to school, parents or guardians must be involved in the readmission conference and the Superintendent of Schools, or his/her designee, will participate. If circumstances in an individual case suggest readmission may not be appropriate, a formal hearing on the matter will be conducted by the Superintendent of Schools or his/her designee, in compliance with Section 3214 of the Education Law, to determine guilt or innocence and an appropriate penalty if guilt is established.
WEAPONS IN SCHOOL / GUN-FREE SCHOOLS ACT / STUDENT DISCIPLINE
In accordance with the Gun Free Schools Law (20 U.S.C.A. Section 3351), the Gun Free Schools Act of 1994 (20 U.S.C.A. Section 8921), New York State Education Law Section 3214 (3) and this Board policy, no student shall bring, possess or use a weapon which constitutes a firearm or destructive device on school premises. School premises shall include school grounds, school buildings or a school bus. Punishment for violation of this policy shall be a suspension from attendance upon instruction for a period of not less than one calendar year. The Superintendent of Schools will review the penalty and may modify such suspension on a case by case basis.
The term “firearm” is defined in 18 U.S.C.A. Section 921 (3) and shall include any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device. The term “destructive device” means any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than 4 ounces, missile having an explosive or incendiary charge of more than 1/4 ounce, mine or any device similar to any of those devices already described in this paragraph.
The Superintendent of Schools shall refer a pupil who has been determined to have violated this policy as follows: A) If the pupil is under 16 years of age, to the Family Court in accordance with the Family Court Act, Article 3. B) If the pupil is 16 years of age or older, to the appropriate law enforcement agency.
WEAPONS IN SCHOOL – SAFETY OF SCHOOL PREMISES AND SCHOOL SPONSORED ACTIVITIES – DANGEROUS INSTRUMENTS
The Board of Education believes that all school premises, including buildings, grounds and school buses, should be maintained in a condition free of all weapons and other dangerous instruments. The Gun-Free Schools Act policy (P5535.1) defines student conduct and discipline with respect to weapons and destructive devices. This policy shall serve as a supplement to the Gun-Free Schools Act Policy, and shall address issues related to dangerous instruments that are brought, possessed or used on school premises or any school-sponsored activity.
No student, staff member or visitor shall bring, possess or use upon school premises a dangerous instrument as defined by this policy. “Dangerous instrument” shall be defined as any weapon or destructive device as described in the Gun-Free Schools Act Policy. In addition, a dangerous instrument is any object composed of a blade or cutting device that can cause serious physical injury to another person. An object that would be defined as a dangerous instrument by this policy, but is used under the supervision of school district personnel, or has been otherwise approved by the Superintendent of Schools through administrative regulation, shall not constitute a violation of this policy.
Facsimiles of weapons, destructive devices or dangerous instruments may also be prohibited on school premises under administrative regulations implemented by the Superintendent of Schools. Violations of this policy may result in loss of possession of the weapon, destructive device, dangerous instrument or facsimile. In addition, persons not in compliance with the policy may be removed from school premises or arrested by local police authorities. Students in violation of this policy may be disciplined under Section 3214 of the Education Law.
Approved May 2006 | Renumbered from P5310.4 – September 2015 | Reviewed January 2011 | Renumbered from P5321 – September 2015 | Reviewed June 2004 | Renumbered from P5323 – September 2015 | Reviewed January 2011 | Renumbered from P5324 – September 2015
All students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the Building Principal or his or her designee. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, the Principal, the Principal’s designee or the Superintendent of Schools.
Upon receipt of the report of violations and a determination that such conduct substantially affects the order or security of the school or constitutes a crime, District staff authorized to impose disciplinary sanctions shall do so in a prompt manner. District staff who are not authorized to impose disciplinary sanctions shall report violations of the code of conduct to their supervisor as soon as possible. The supervisor shall impose appropriate disciplinary sanctions, if so authorized, or refer the matter to a staff member who is authorized to impose a disciplinary sanction.
When acting in accordance with this policy, the identification of students or District staff making such reports shall not be disclosed unless required to do so by applicable law.
Any weapon, alcohol or illegal substance found in the possession of students shall be confiscated by the District staff, followed by notification to the parent of the student involved. The parent(s) shall be advised of appropriate disciplinary sanctions, which may include permanent suspension from instruction and referral for prosecution.
The Principal or his/her designee shall notify the appropriate local law enforcement agency of code violations that constitute a crime and which substantially affect the order or security of a school. Such notification shall occur as soon as practicable, but in no event later than the day the Principal or his/her designee learns of the violation. The notification may be made by telephone, followed by a letter mailed the same day as the telephone call is made. The notification shall identify the student name and address and a description of the conduct that violated the District code of conduct and which is believed to be a crime.
Dignity Act Coordinator
The Dignity Act Coordinators are as follows:
Tim Brunson, High School Principal
(518) 399-9141, ext. 83300 | firstname.lastname@example.org
Colleen Wolff, Middle School Principal
(518) 399-9141, ext. 84001 | email@example.com
Jill Bonacio, Pashley Elementary School Principal
(518) 399-9141, ext. 84500 | firstname.lastname@example.org
Richard Evans, Stevens Elementary School Principal
(518) 399-9141, ext. 83500 | email@example.com
Tim Sinnenberg, Charlton Heights Principal
(518) 399-9141, ext. 85500 | firstname.lastname@example.org
The Dignity Act Coordinators’ duties are as follows:
- Promote a safe, orderly and stimulating environment, supporting active teaching and learning for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex or any differences among students.
- Oversee and coordinate the work of the districtwide and building-level bullying prevention committees.
- Identify curricular resources that support infusing civility in classroom instruction and classroom management; and provide guidance to staff as to how to access and implement those resources.
- Coordinate, with the Professional Development Committee, training in support of the bullying prevention committee.
- Be responsible for monitoring and reporting on the effectiveness of the district’s bullying prevention policy.
- Address and investigate issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.
- Address personal biases that may prevent equal treatment of all students and staff
Adopted August 2016 | Revised September 2019
Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a respectful way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to learn from their experience and to grow in self-discipline.
Disciplinary action, when necessary, will be firm, fair and consistent with the goal of being most effective in changing student behavior. As a general rule, discipline will be progressive. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following: 1. The student’s age. 2. The nature of the offense and the circumstances which led to the offense. 3. The student’s prior disciplinary record. 4. The effectiveness of other forms of discipline. 5. Information from parents, teachers and/or others, as deemed appropriate.
If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education and discipline, if warranted, shall be administered consistent with the separate requirements of this code of conduct for disciplining students with a disability or presumed to have a disability. A student identified as having a disability shall not be disciplined for behavior related to his/her disability. (See Board of Education Policy for Students with Disabilities 6480.1)
Students who are found to have violated the district’s code of conduct may be subject to the following penalties, either alone or in combination. The school personnel identified after each penalty are authorized to impose that penalty consistent with the student’s right to due process.
- Oral warning – any member of the district staff.
- Written warning – bus drivers, staff, principal, superintendent or designee.
- Written notification to parent – transportation director, school personnel not limited to teachers, principal, superintendent, or designee.
- Classroom detention – assigned by teachers.
- Suspension from transportation – director of transportation, principal, superintendent or designee.
- Suspension from athletic participation – athletic director, building administrator, superintendent or designee.
- Suspension from social or extracurricular activities – athletic director, principal, superintendent or designee.
- Suspension of other privileges – principal, superintendent or designee.
- In-school suspension – principal, superintendent or designee.
- Removal from classroom – teachers, principal.
- Short-term (five days or less) suspension from school – principal, superintendent, or designee.
- Long-term (more than five days) suspension from school – superintendent or Board of Education.
- Permanent suspension from school – superintendent or Board of Education.
TEACHER REMOVAL OF A DISRUPTIVE STUDENT
As prescribed under New York State Education Law #3214 and Project SAVE Legislation, a teacher may remove a student from class when that student’s conduct poses a danger or threat, is substantially disruptive or substantially interferes with the teacher’s authority and ability to conduct or control the class.
Teachers are expected to use all reasonable and practical management strategies to maintain an orderly classroom climate. Documentation of interventions taken on individual students must be maintained to demonstrate that progressive, proactive measures have been taken as corrective action. Documented communication with parents must be a consistent component of each student management plan.
For purposes of the Code of Conduct, a disruptive student is one who substantially interferes with the educational process or the teacher’s authority by demonstrating a persistent unwillingness to comply with the teacher’s instructions or repeatedly violating the teacher’s/school’s/district’s rules of behavior.
Procedures and Process:
Once a teacher makes a judgment that preventative or corrective action has not resulted in student compliance, according to the District’s Code of Conduct, the following procedures will occur:
Short Term Removal – One Period:
- The teacher will send the student to the designated intervention area with accompanying documentation (referral form) as to the nature of the reason(s) for removal from class.
- The teacher will notify the Principal and/or his designee verbally that the student has been removed and sent to the intervention area.
- The teacher will be available for an informal conference so the student can be afforded the opportunity to have due process regarding the removal.
- The teacher will verbally notify the student’s parents regarding the removal from class and state the reasons for the removal to them, within 24 hours of the actual infraction. Parents should be afforded the opportunity for a conference, if requested, within two days of the removal to discuss the reasons for the removal.
- Building administration will determine if the misconduct that warranted the removal is subject to further disciplinary action beyond the one period removal and will notify the parents of that student about the action taken regarding that removal.
- Students are responsible to make up all missed work incurred during the removal period.
Long Term Removal – More Than One Period:
- Follow steps 1-6 as stated in the above text “Short Term Removal”.
- In consultation with the teacher, the Principal and/or his designee will determine if the removal from class should be extended beyond one day, but not more than 5 consecutive days. The parents of the student will be notified of the removal by the Principal and/or his designee. Alternative academic programming arrangements will be the responsibility of the teacher and the student during the time of the designated removal period.
Appeals and Waivers:
- Appeals: The student and his/her respective parent or guardian have the right to appeal any and all decisions regarding the removal from class, as afforded to them by NY State Education Law #3214 and Project SAVE Legislation.
- Waivers: The Principal and/or his designee cannot set aside the removal imposed by the teacher unless:
- The charges against the student are not supported by enough evidence.
- The student’s removal is otherwise in violation of the law, including the District Code of Conduct.
- The conduct warrants suspension from school pursuant to Education Law #3214.
No student removed from the classroom under SAVE Legislation shall be permitted to return to class until the Principal and/or his designee makes a final determination, or the period of removal expires, whichever is less; or the teacher agrees to an alternative disciplinary arrangement.
SUSPENSION AND EXPULSION
No student will be suspended longer than five (5) school days or expelled unless afforded a hearing with the Superintendent of Schools or his/her designee in compliance with section 3214 of the Education Law. If the student is not absolved during the hearing of the charged act of misconduct, he/she may appeal the findings and determination of the Superintendent of Schools to the Board of Education.
The Board of Education delegates the power to suspend a student for a period not to exceed five (5) school days to the principal of each school in the district. An informal hearing with the student must be provided prior to suspension.
Students with disabilities may be suspended following the guidelines established in this policy. In addition, a referral must be made to the Committee on Special Education if such a student is suspended for a period in excess of five school days. Handicapped students may not be suspended for behaviors which are directly attributable to their handicapping condition unless they are a direct threat to themselves, other students, or staff.
Reviewed January 2011 | Renumbered from P5310.1 – September 2015 | Renumbered from P5310.2 – September 2015 | Renumbered from P5330.3 – September 2015
When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law 3214, the district will take immediate steps to provide alternative means of instruction for the student.
Reviewed January 2011 | Renumbered from P5300.45 – September 2015
The Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities who violate the district’s student code of conduct, and/or to temporarily remove a student with disabilities from his or her current placement because maintaining the student in that placement is substantially likely to result in injury to the student or to others. The Board also recognizes that students with disabilities deemed eligible for special education services under the IDEA and Article 89 of New York’s Education Law enjoy certain procedural protections that school authorities must observe when they decide to suspend or remove them. Under certain conditions those protections extend, as well, to students not currently deemed to be a student with a disability but determined to be a student presumed to have a disability for discipline purposes.
Therefore, the Board is committed to ensuring that the district follows suspension and removal procedures that are consistent with those protections. The code of conduct for students is intended to afford students with disabilities and students presumed to have a disability for discipline purposes the express rights they enjoy under applicable law and regulations.
For purposes of this portion of the code of conduct, and consistent with applicable law and regulations, the following definitions will apply:
- Behavioral intervention plan (BIP) means a plan that is based on the results of a functional behavioral assessment and that, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs, and intervention strategies that include positive behavioral supports and services to address the behavior.
- Controlled substance means a drug or other substance abuse identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 USC § 812(c)).
- 3. Disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:
- For more than 10 consecutive school days; or
- b. For a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year, because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and because of such additional factors as the length of each suspension or removal, the total amount of time the student has been removed and the proximity of the suspensions or removals to one another.
- 4. Illegal drug means a controlled substance, but does not include a controlled substance legally possessed or used under the supervision of a licensed health-care professional, or a substance that is otherwise legally possessed or used under the authority of the Controlled Substances Act or under any other provision of federal law.
- Interim alternative educational setting (IAES) means a temporary educational placement, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred. An IAES must allow a student to continue to receive educational services that enable him or her to continue to participate in the general curriculum and progress toward meeting the goals set out in the student’s individualized education program; as well as to receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.
- Manifestation review means a review of the relationship between the student’s disability and the behavior subject to disciplinary action required when the disciplinary action results in a disciplinary change of placement, and conducted in accordance with requirements set forth later in this policy.
- Manifestation team means a district representative knowledgeable about the student and the interpretation of information about child behavior, the parent, and relevant members of the committee on special education as determined by the parent and the district.
- Removal means a removal of a student with a disability for disciplinary reasons from his or her current educational placement, other than a suspension; and a change in the placement of a student with a disability to an IAES.
- School day means any day, including a partial day, that students are in attendance at school for instructional purposes.
- Serious bodily injury means bodily injury which involves a substantial risk of death, extreme physical pain, protracted obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
- Student presumed to have a disability for discipline purposes means a student who, under the conditions set forth later in this policy, the district is deemed to have had knowledge was a student with a disability before the behavior that precipitated the disciplinary action.
- Suspension means a suspension pursuant to §3214 of New York’s Education Law.
- Weapon means the same as the term “dangerous weapon” under 18 USC §930(g)(2) which includes a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except a pocket knife with a blade of less than two and one-half inches in length.
Authority of School Personnel to Suspend or Remove Students with Disabilities
The Board, District Superintendent, Superintendent of Schools or a Building Principal with authority to suspend students under the Education Law may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days. The Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed ten consecutive school days inclusive of any period in which the student has been suspended or removed for the same behavior pursuant to the above paragraph, if the Superintendent determines that the student’s behavior warrants the suspension.
The Superintendent also may order additional suspensions of not more than ten consecutive school days in the same school year for separate incidents of misconduct, as long as the suspensions do not constitute a disciplinary change of placement.
In addition, the Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for a period in excess of ten consecutive school days if the manifestation team determines that the student’s behavior was not a manifestation of the student’s disability. In such an instance, the Superintendent may discipline the student in the same manner and for the same duration as a non-disabled student.
Furthermore, the Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability to an IAES to be determined by the committee on special education for a period of up to 45 school days if the student either:
- Carries or possesses a weapon to or at school, on school premises or to a school function, or
- Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function under the district’s jurisdiction, or
- Has inflicted serious bodily injury upon another person while at school, on school premises or at a school function under the district’s jurisdiction.
The Superintendent may order the placement of a student with a disability to an IAES under such circumstances, whether or not the student’s behavior is a manifestation of the student’s disability. However, the committee on special education will determine the IAES.
Procedures for the Suspension or Removal of Students with Disabilities by School Personnel
- In cases involving the suspension or removal of a student with a disability for a period of five consecutive school days or less, the student’s parents or persons in parental relation to the student will be notified of the suspension and given an opportunity for an informal conference in accordance with the same procedures that apply to such short term suspensions of non-disabled students.
- The suspension of students with disabilities for a period in excess of five school days will be subject to the same due process procedures applicable to non-disabled students, except that the student disciplinary hearing conducted by the Superintendent or a designated hearing officer shall be bifurcated into a guilt phase and a penalty phase. Upon a finding of guilt, the Superintendent or the designated hearing officer will await notification of the determination by the manifestation team as to whether the student’s behavior was a manifestation of his or her disability. The penalty phase of the hearing may proceed after receipt of that notification. If the manifestation team determined that the behavior was not a manifestation of the student’s disability, the student may be disciplined in the same manner as a non-disabled student, except that he or she will continue to receive services as set forth below. However, if the behavior was deemed a manifestation of the student’s disability, the hearing will be dismissed, unless the behavior involved concerned weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, in which case the student may still be placed in an IAES.
Limitation on Authority of School Personnel to Suspend or Remove Students with Disabilities
The imposition of a suspension or removal by authorized school personnel may not result in a disciplinary change of placement of a student with a disability that is based on a pattern of suspensions or removals as set forth above in the Definitions section of this policy, unless:
- The manifestation team determines that the student’s behavior was not a manifestation of the student’s disability, or
- The student is removed to an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury as set forth above.
School personnel will consider any unique circumstances on a case-by-case basis when determining whether a disciplinary change in placement is appropriate for a student with a disability who violates the district’s code of conduct.
In addition, school personnel may not suspend or remove a student with a disability in excess of the amount of time that a non-disabled student would be suspended for the same behavior.
Parental Notification of a Disciplinary Change of Placement
The district will provide the parents of a student with a disability notice of any decision to make a removal that constitutes a disciplinary change of placement because of a violation of the student code of conduct. Such notice will be accompanied by a copy of the procedural safeguards notice.
Authority of an Impartial Hearing Officer to Remove a Student with a Disability
An impartial hearing officer may order the placement of a student with a disability to an IAES for up to 45 school days at a time if he or she determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. This authority applies whether or not the student’s behavior is a manifestation of the student’s disability.
A review of the relationship between a student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the student’s disability will be made by the manifestation team immediately, if possible, but in no case later than 10 school days after a decision is made by:
- The Superintendent to change the placement of a student to an IAES;
- An impartial hearing officer to place a student in an IAES; or
- The Board, the Superintendent, or Building Principal to impose a suspension that constitutes a disciplinary change in placement.
The manifestation team must determine that the student’s conduct was a manifestation of the student’s disability if it concludes that the conduct in question was either:
- Caused by or had a direct or substantial relationship to the student’s disability, or
- The direct result of the district’s failure to implement the student’s individualized education program.
The manifestation team must base its determination on a review all relevant information in the student’s file including the student’s individualized education program, any teacher observations, and any relevant information provided by the parents.
If the manifestation team determines that the student’s conduct is a manifestation of the student’s disability, the district will:
- Have the committee on special education conduct a functional behavioral assessment of the student and implement a behavioral intervention plan, unless the district had already done so prior to the behavior that resulted in the disciplinary change of placement occurred. However, if the student already has a behavioral intervention plan, the CSE will review the plan and its implementation, and modify it as necessary to address the behavior.
- Return the student to the placement from which he or she was removed, unless the change in placement was to an IAES for conduct involving weapons, illegal drugs or controlled substances or the infliction of serious bodily injury, or the parents and the district agree to a change in placement as part of the modification of the behavioral intervention plan.
If the manifestation team determines that the conduct in question was the direct result of the district’s failure to implement the student’s individualized education program, the district will take immediate steps to remedy those deficiencies.
Services for Students with Disabilities during Periods of Suspension or Removal
Students with disabilities who are suspended or removed from their current educational setting in accordance with the provisions of this policy and applicable law and regulation will continue to receive services as follows:
- During suspensions or removals of up to 10 school days in a school year that do not constitute a disciplinary change in placement, the district will provide alternative instruction to students with disabilities of compulsory attendance age on the same basis as non-disabled students. Students with disabilities who are not of compulsory attendance age will receive services during such periods of suspension or removal only to the same extent as non-disabled students of the same age would if similarly suspended.
- During subsequent suspensions or removals of up to 10 school days that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, the district will provide students with disabilities services necessary to enable them to continue to participate in the general education curriculum and to progress toward meeting the goals set out in their respective individualized education program. School personnel, in consultation with at least one of the student’s teachers, will determine the extent to which services are needed to comply with this requirement. In addition, during such periods of suspension or removal the district will also provide students with disabilities services necessary for them to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.
- During suspensions or removals in excess of 10 school days in a school year that constitute a disciplinary change in placement, including placement in an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, the district will provide students with disabilities services necessary to enable them to continue to participate in the general curriculum, to progress toward meeting the goals set out in their respective individualized education program, and to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so it does not recur.
In such an instance, the committee on special education will determine the appropriate services to be provided. Students
Presumed to Have a Disability for Discipline Purposes
The parent of a student who is facing disciplinary action but who was not identified as a student with a disability at the time of misconduct has the right to invoke any of the protections set forth in this policy in accordance with applicable law and regulations, if the district is deemed to have had knowledge that the student was a student with a disability before the behavior precipitating disciplinary action occurred and the student is therefore a student presumed to have a disability for discipline purposes.
If it is claimed that the district had such knowledge, it will be the responsibility of the Superintendent, Building Principal or other authorized school official imposing the suspension or removal in question for determining whether the student is a student presumed to have a disability for discipline purposes. The district will be deemed to have had such knowledge if:
- The student’s parent 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. Such expression may be oral if the parent does not know how to write or has a disability that prevents a written statement; or
- The student’s parent has requested an evaluation of the student; or
- A teacher of the student or other school personnel has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the district’s director of special education or other supervisory personnel.
Nonetheless, a student will not be considered a student presumed to have a disability for discipline purposes if notwithstanding the district’s receipt of information supporting a claim that it had knowledge the student has a disability,
- The student’s parent has not allowed an evaluation of the student; or
- The student’s parent has refused services; or
- The District conducted an evaluation of the student and determined that the student is not a student with a disability.
If 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 non-disabled student who engaged in comparable behaviors. However, if the district receives a request for an individual evaluation while the student is subjected to a disciplinary removal, the district will conduct an expedited evaluation of the student in accordance with applicable law and regulations. Until the expedited evaluation is completed, the student shall remain in the educational placement determined by the district which can include suspension.
Expedited Due Process Hearings
The district will arrange for an expedited due process hearing upon receipt of or filing of a due process complaint notice for such a hearing by:
- The district to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement;
- The district during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings;
- The student’s parent regarding a determination that the student’s behavior was not a manifestation of the student’s disability; or
- The student’s parent relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.
The district will arrange for, and an impartial hearing officer will conduct, an expedited due process hearing in accordance with the procedures established in Commissioner’s regulations. Those procedures include but are not limited to convening a resolution meeting, and initiating and completing the hearing within the timelines specified in those regulations.
When an expedited due process hearing has been requested because of a disciplinary change in placement, a manifestation determination, or because the district believes that maintaining the student in the current placement is likely to result in injury to the student or others, the student will remain in the IAES pending the decision of the impartial hearing officer or until the expiration of the period of removal, whichever occurs first unless the student’s parent and the district agree otherwise.
Referral to Law Enforcement and Judicial Authorities
Consistent with its authority under applicable law and regulations, the district will report a crime committed by a student with a disability to appropriate law enforcement and judicial authorities. In such an instance, The Superintendent will ensure that copies of the special education and disciplinary records of the student are transmitted for consideration to the appropriate authorities to whom the crime is reported, to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA).
Cross-ref: 5500, Student Records | Ref: Individuals with Disabilities Education Act, 20 USC §1415(k); 34 CFR § 300.530 et seq. N.Y. Education Law § 3214(g) 8 NYCRR Part 201
Reviewed January 2011 | Renumbered from P5310 – September 2015 | Replaced with NYSSBA Policy – November 2016
Corporal punishment is defined as any act of physical force by a District employee upon a pupil for the purpose of punishing that pupil. The use of corporal punishment by District employees is prohibited.
Corporal punishment shall not mean the use of reasonable force for any of the following purposes:
- to protect oneself from physical injury;
- to protect another pupil or teacher or any other person from physical injury;
- to protect the property of the school or of others; or
- to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of school district functions, powers or duties, if that pupil has refused to comply with a request to refrain from further disruptive acts.
If it is reasonable to do so, alternatives and methods not involving the use of physical force are preferable in achieving the purposes described in 1-4 above.
Investigation of Complaints:
Every complaint about the use of corporal punishment should be submitted to the Principal of the building in which the action inspiring the complaint took place. If the complaint is against the Principal, the complainant should lodge the complaint with the Superintendent of Schools. The Principal shall investigate the complaint to determine whether an incident of corporal punishment, as defined above, actually took place. The Principal will report in writing within 10 days of receiving the complaint to the Superintendent of Schools the findings of the investigation including the identities of the student(s) and the person or persons who administered the corporal punishment, a description of the method of punishment, the reason for the punishment, the effect upon the student(s) punished, and any other relevant fact or circumstances involved.
Reports to Commissioner of Education:
Reports shall be submitted to the Commissioner of Education on or before January 15th and July 15th of each year concerning complaints about the use of corporal punishment received during the reporting period. Such reports shall set forth the substance of each complaint, the results of each investigation, and the action, if any, taken by the Superintendent of Schools or Board of Education in each case.
Reviewed January 2011 | Renumbered from P5340 – September 2015
The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.
The Board authorizes the Superintendent of Schools, Building Principals, the school nurse and district security officials to conduct searches of students and their belongings, in most instances, with exceptions set forth below in A. and B., if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the district code of conduct.
An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.
An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant. Individuals, other than the district employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.
Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.
Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.
- Student Lockers, Desks and other School Storage Places. The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.
- Student Motor Vehicles. It is a privilege, not a right, to park on school grounds. The school retains the authority to conduct routine patrols of any or all school parking areas. The interior of a student’s automobile on school premises may be searched if the school authority has reasonable suspicion to believe that such a search will produce evidence that the student has violated or is violating either the law or district policy.
- Strip Searches. Under this Code of Conduct, school personnel are not allowed to conduct a strip search (defined as a search that requires a student to remove any or all of his/her underwear).
- Digital Information. The district’s computer network coordinator shall be responsible for monitoring to ensure that the online activities of staff and students are consistent with the district’s Internet Safety Policy and this regulation. He or she may inspect, copy, review, and store at any time, and without prior notice, any and all usage of the district’s instructional computer network for accessing the Internet and World Wide Web and direct electronic communications, as well as any and all information transmitted or received during such use. All users of the district’s computer network shall have no expectation of privacy regarding any such materials.
- Documentation of Searches. The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:
- Name, age and grade of student searched.
- Reasons for the search.
- Name of any informant(s).
- Purpose of search (that is, what item(s) were being sought).
- Type and scope of search.
- Person conducting search and his or her title and position.
- Witnesses, if any, to the search.
- Time and location of search.
- Results of search (that is, what items(s) were found).
- Disposition of items found.
- Time, manner and results of parental notification.The Principal or the Principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The Principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the item is turned over to the police. The Principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.
- Police Involvement in Searches and Interrogations of Students. District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:
- A search or an arrest warrant; or
- Probable cause to believe a crime has been committed on school property or at a school function.
Before police officials are permitted to question or search any student, the Principal or his or her designee shall first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted, unless the student is 16 years of age or older. The Principal or designee will also be present during any police questioning or search of a student on school property or at a school function. Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school.
1. They must be informed of their legal rights.
2. They may remain silent if they so desire.
3. They may request the presence of an attorney.
Ref: Social Services Law §425 | 18 NYCRR §432.3 | Safford Unified School District #1 et al. v. Redding, 129 S. Ct. 2633 (2009) | Vassallo v. Lando, 591 F.Supp.2d 172 (E.D.N.Y. (2008)) | Phaneuf v. Fraikin 448 F.3rd 591 (2006) | New Jersey v. TLO, 469 U.S. 325 (1985)| In re Gregory, 82 N.Y.2d 588 (1993) | People v. Scott D., 34 N.Y.2d 483 (1974)| People v. Singletary, 37 N.Y.2d 310 (1975)) | People v. Overton, 20 N.Y.2d 360 (1969) | M.M. v. Anker, 607 F.2d 588 (2d Cir. 1979) | Opinion of Counsel, 1 EDR 800 (1959)
Revised January 2022 | Adopted October 2017
Visitors to the schools of the District will be governed by the following rules:
- Each school principal shall establish and maintain a safety plan outlining the process for registration and authorization for visits to his or her school. Such plans shall be submitted to the Superintendent for approval, and thereafter be made available in the principal’s office for anyone interested in visiting the school.
- The principal of the school or the principal’s designee must be contacted by the person or group wishing to visit, and prior approval must be obtained for the visit.
- Parents or guardians wishing to speak with a specific teacher concerning the progress of a child must make an appointment with the teacher.
- All visitors must report to the main office, sign in, and be issued a visitor’s permit, which must be displayed at all times. The permit must be returned to the main office, and the visitor must sign out at the conclusion of the visit.
- Registration shall not be required for school functions open to the public, whether or not admission is to be charged.
- Parents are encouraged to visit guidance counselors, school nurses, school psychologists and other support personnel, by appointment, in order to discuss any problems or concerns the parent may have regarding the student, whether school related or not.
- Any visitor wishing to inspect school records or interview students on school premises must comply with all applicable Board rules, regulations and policy. In questionable cases, the visitor shall be directed to the Superintendent’s office to obtain written permission for such a visit.
- The principal is authorized to take any action necessary to secure the safety of students and school personnel. Unauthorized visitors shall be requested to leave school premises immediately, and will be subject to arrest and prosecution for trespassing if they refuse.
Reviewed April 1997 | Renumbered from P1260 – September 2015
In seeking proper balance between order and the legitimate expression of dissent, the Board of Education is committed to the management of its schools in a manner that is consistent with the legal and moral rights of all but which neither tolerates nor condones actions or conduct that disrupts the educational process, damages or destroys public property, or is in any way in violation of civil or penal codes.
Nothing herein is intended, nor shall it be construed to prevent or limit communication between and among teachers, students, parents, and administration, or to relieve each school or educational facility of its special responsibility for self regulation in the preservation of public order. The purpose of this policy is not to prevent or restrain controversy and dissent but to prevent abuse of the rights of others and to maintain that public order without which there can be no intellectual freedom and these rules shall be interpreted and applied to that end.
The following acts or conduct leading to or resulting in such acts are prohibited to students, staff members (instructional and non-instructional) and all school visitors, licensees, or invitees:
- Willful physical injury to any person;
- Willful damage to real or personal school property or to the property of any person on school premises;
- Willful disruption of the orderly conduct of classes or of any other school program or activity;
- Entry upon any portion of the school premises for any purpose other than its authorized uses, i.e. petitions related to a non-school district activity;
- Theft or appropriation of school property, or the property of any person on the premises of the school;
- Unauthorized use or possession of files, records, equipment, or other property of the school;
- Disorderly or indecent conduct or acts with intent to cause violence or acts which interfere with the rights or personal safety of those who are entitled to avail themselves of any of the facilities or services of the school; and
- Violation of any federal, state, or local law.
The penalties for violating any of the above prohibitions will be as follows:
- Students will face penalties, depending on the gravity of the offense ranging from:
- after school detention,
- temporary suspension from school,
- permanent exclusion from extra-curricular activities to,
- permanent suspension from school.
- Staff members (instructional or non-instructional) will face penalties, depending on the gravity of the offense, ranging from
- compulsory restitution,
- suspension with or without pay, or
- Any visitor, licensee, or invitee who violates any of these prohibitions will have his authorization to remain on the school property withdrawn and shall be directed to leave the premises by the building principal or a designee. The superintendent or principal may impose limitations and restrictions on access to school facilities, including sports venues at which BH- BL students are competing. Restrictions on interactions with school personnel may also be set.
- Any student, staff member, visitor, licensee, or invitee seen to be in apparent violation of these prohibitions will be warned by the chief school officer or principal or their designees of the possible consequences of their failure to cease and desist from such activity. When the alleged violation of these rules does not cease after such warning, the chief school officer, principal or their designee shall order the removal of the violator from any premises which they occupy in such violation. Necessary police assistance to accomplish the ejection of a violator from school property should be requested by the chief school officer, the principal, or their designee.
- In addition to those penalties that may be applied by the school officer or a designee, civil authorities will assume responsibility for the investigation of the violation with the intent of prosecuting the violator under the provisions of the appropriate civil or penal laws. Appropriate civil or penal law provisions will take precedence over this policy whenever a conflict may arise. In general, the school district will cooperate with civil authorities in prosecuting violations of the law included in this policy.
The Superintendent will be responsible for the enforcement of this policy and will direct administrators and other personnel to take action in accordance with this policy and will likewise direct each building principal to develop an emergency plan for dealing with any effort to disrupt the orderly conduct of the school.
Revised May 2007 | Renumbered from P1530 – September 2015
A. Dissemination of Code of Conduct
The Board will work to ensure that the community is aware of this code of conduct by:
- Providing copies of an age-appropriate, written in plain language, summary of the code to all students at an assembly to be held at the beginning of each school year.
- Providing a plain language summary to all parents at the beginning of the school year, and thereafter on request.
- Posting the complete code of conduct on the district’s website.
- Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.
- Providing all new employees with a copy of the current code of conduct when they are first hired.
- Making copies of the complete code available for review by students, parents and other community members.
The Board will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct. The Superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students. On-going professional development will be included in the district’s professional development plan, as needed.
B. Review of Code of Conduct
The Board will review this code of conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently.
The Board may appoint an advisory committee to assist in reviewing the code and the district’s response to code of conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.
Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents, students and any other interested party may participate.
The code of conduct and any amendments to it will be filed with the Commissioner of Education, in a manner prescribed by the Commissioner, no later than 30 days after adoption.
Adoption date: April 2016
Given the documented connection between proper nutrition, adequate physical activity and educational success, the Board of Education adopts the following goals and authorizes the following actions to provide district students with a school environment that promotes student health and wellness and reduces childhood obesity.
For purposes of this policy, “school campus” means all areas of district property accessible to students during the school day; “school day” means the period from the midnight before to 30 minutes after the end of the official school day; and “competitive food” means all food and beverages other than meals reimbursed under federal food programs available for sale to students on the school campus during the school day.
Foods and Beverages Available to Students on School Campus During the School Day
The Board recognizes that a nutritious, well-balanced, reasonably-portioned diet is essential for student wellness. To help students possess the knowledge and skills necessary to make nutritious food choices for a lifetime, the district shall ensure that all foods and beverages available in school promote good nutrition, balance, and reasonable portion sizes. The district shall ensure that all foods and beverages available for sale to students on the school campus during the school day meet or exceed the program requirements and nutrition standards found in federal regulations.
To accomplish this, the Board directs that the district serve healthy and appealing foods and beverages at district schools, following state and federal nutrition guidelines, as well as safe food preparation methods.
- School Meals – the district shall:
- Include fruits, vegetables, salads, whole grains, and low fat items at least to the extent required by federal regulations.
- Encourage students to try new or unfamiliar items.
- Make efforts to ensure that families are aware of need-based programs for free or reduced-price meals and encourage eligible families to apply.
- Consider serving produce and food from local farms and suppliers.
- Make free drinking water available at locations where meals are served.
- Meal Scheduling – the district shall:
- Provide adequate time to eat.
- Schedule lunchtime between normal lunch hours (10:30 a.m. – 1:30 p.m.)
- Foods and Beverages Sold Individually (e.g., a la carte, vending machines, school stores) – the district shall:
- Ensure that all such items meet the nutrition standards set in federal regulations for competitive foods regarding whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine.
- Permit the sale of fresh, frozen or canned fruits and vegetables, if processed pursuant to federal regulations, as exempt from the nutrition standards.
- Work with existing vendors or locate new vendors that will comply with nutrition standards.
- Fundraising Activities – the district shall:
- Ensure that all fundraisers during the school day that involve selling food or beverages to students on any school campus that accepts Federal Funds for School Meals meet the competitive foods nutrition standards set in federal regulations for whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine.
- Promote non-food items to sell, or activities (physical or otherwise) in which to participate.
- Encourage student groups conducting fundraisers which take place off the school campus or outside the school day to follow federal nutrition guidelines.
- Encourage outside organizations (e.g., Parent groups, booster clubs) conducting fundraisers which take place off the school campus or outside the school day to follow federal nutrition guidelines.
- Develop an administrative regulation that sets guidelines for fundraising activities selling food or beverages. The Superintendent will develop the AR and should gather input for the regulation from the Wellness Committee and Building Councils.
- School and Class Parties, Celebrations, and Events where food and beverages are provided, but not sold – the district shall:
- Develop an administrative regulation that sets guidelines and standards for the frequency and content of classroom and school-wide celebrations where food and beverages are provided. The Superintendent will develop the AR and should gather input for the regulation from the Wellness Committee and Building Councils.
- Promote the use of food and beverage items which meet the standards for competitive foods and beverages, promote non-food activities, and discourage foods and beverages which do not meet those standards, at celebrations.
- Model the healthy use of food as a natural part of celebrations. NOTE: These apply to all school and classroom parties, snacks which have been brought in for the class or school, celebrations, food provided to learn about cultures or countries, and other events where food is provided but not sold on any school campus that accepts Federal Funds for School Meals.
- Marketing of Foods and Beverages
- Any food or beverage that is marketed on school grounds during the school day must meet at least the federal nutrition standards for competitive items.
- This restriction applies to all school buildings (interior and exterior), school grounds, school buses and other vehicles used to transport students, athletic fields, structures, parking lots, school publications, and items such as vending machines, equipment, posters, garbage cans, or cups.
- Marketing includes all advertising and promotions: verbal, written, or graphic, or promotional items.
- This restriction does not apply to personal opinions or expression, or items used for educational purposes.
- This restriction applies to all purchases and contracts made after the effective date of this provision.
II. Physical Activity
Physical activity is an important factor in staying healthy and being ready to learn. The Board encourages every student to develop the knowledge and skills necessary to perform a variety of physical activities, to regularly participate in physical activity, and to appreciate and enjoy physical activity as an ongoing part of a healthy lifestyle. In addition, staff, families, and community are encouraged to participate in and model physical activity as a valuable part of daily life. The district’s Physical Education program shall adhere to the curricular requirements of the Commissioner of Education and the New York State Learning Standards.
- A. Physical Education
- Engage students in physical education for at least the minimum number of hours or days per week under State requirements.
- Incorporate the appropriate NYS Learning Standards in Physical Education classes.
- Promote, teach and provide opportunities to practice activities that students enjoy and can pursue throughout their lives (e.g., yoga, fitness walking, step aerobics).
- Maintain daily allotment of recess time for elementary school.
- Permit scheduling recess before or after lunch.
- Hold recess outdoors whenever possible, and indoors during the most inclement weather, at the discretion of the Building Principal.
- Develop an administrative regulation that sets guidelines and standards for recess. The Superintendent will develop the AR and should gather input for the regulation from the Wellness Committee and Building Councils.
- Physical Activity in the Classroom
- Promote the integration of physical activity in the classroom, both as activity breaks and as part of the educational process (e.g., kinesthetic learning).
- Consider meeting the state requirements for Physical Education through collaborative and integrative in-classroom activity, under the supervision of a Physical Education teacher, if the district is under severe time or space constraints.
- Extracurricular Opportunities for Physical Activity
- Promote clubs and activities that meet the various physical activity needs, interests, and abilities of all students (e.g., walking, hiking and climbing, snowshoeing), including before and after school activities.
- Promote students walking/biking to school (with proper storage of bicycles), safe routes to school, and “walking” school buses.
- Develop participation requirements for extracurricular activity eligibility in a way that does not constitute withholding opportunities.
III. Nutrition Promotion and Education
The Board believes that nutrition promotion and education is a key component in introducing and reinforcing healthy behaviors in students. Nutrition promotion and education that teaches the knowledge, skills, and values needed to adopt healthy eating behaviors shall be integrated into the curriculum. Nutrition promotion and education information shall be offered throughout the school campus including, but not limited to, school dining areas and classrooms. Staff members who provide nutrition promotion and education shall be appropriately certified and trained. The district’s broader Health Education program shall incorporate the appropriate New York State Learning Standards.
The Board’s goals for nutrition promotion and education include that the district will:
- Include nutrition education as part of health education classes, but also promote classroom instruction in subjects such as math, science, language arts, social sciences and elective subjects.
- Promote fruits, vegetables, whole grain products, low fat dairy products, safe and healthy food preparation methods, and health enhancing nutrition practices.
- Emphasize caloric balance between food intake and energy expenditure.
IV. Other School-Based Activities
The district may implement other appropriate programs that help create a school environment that conveys consistent wellness messages and is conducive to healthy eating and physical activity. Such activities may include, but are not limited to, health forums or fairs, health newsletters, parent outreach, employee health and wellness activities, limiting the use of food as a reward, reviewing food marketing and advertising in school, hosting or promoting community-wide events, and offering wellness-related courses in the district’s adult education program.
The Board shall designate the Director of Health, Physical Education and Athletics as District Wellness Coordinator responsible for ensuring that the provisions of this policy are carried out throughout the district. The Board may also designate one person in each building as School Wellness Coordinator to ensure that the wellness activities and actions are being implemented at the building level.
VI. Monitoring and Review
The Director of Health, Physical Education, and Athletics, as District Wellness Coordinator, shall report every three years to the Board and the public on the implementation and effectiveness of this policy. Every three years, the District Wellness Coordinator, in consultation with appropriate personnel and advisory committees, shall monitor and review the district’s wellness activities to determine the extent that district schools are complying with this policy, how this policy compares to model wellness policies, and the progress made toward attaining the goals of this policy and whether this policy is having a positive effect on increasing student wellness and decreasing childhood obesity in the district. Based on those results, this policy, and the specific objectives set to meet its goals, may be revised as needed.
Parents, students, food service professionals, physical education teachers, school health professionals, school administrators, the general public, and the school board shall be provided with the opportunity to participate in the development, implementation and periodic review and update of this wellness policy. To do this, the district shall maintain an advisory committee (Wellness Committee), and invite participation via notices in school publications; staff and student announcements, handbooks and memos; the district website; and outreach to school-associated organizations interested persons and those with valuable expertise.
The district shall inform and update the public (including parents, students and others in the community) about the content and implementation of this wellness policy by posting this policy (and any updates) on the district website and providing information about new and ongoing wellness policy activities to parents, staff and students via established communication channels. The district shall monitor and review the implementation and effectiveness of this policy by gathering data in a variety of ways. Examples could include:
- Periodic informal surveys of Building Principals, classroom staff, and school health personnel to assess the progress of wellness activities and their effects.
- Periodic checks of the nutritional content of food offered in the cafeterias for meals and a la carte items, and sales or consumption figures for such foods.
- Periodic checks of the nutritional content of food available in vending machines, and sales or consumption figures for such foods.
- Periodic checks of the amount of time students spend in Physical Education classes, and the nature of those activities.
- Periodic checks of extracurricular activities of a physical nature, in the number of offerings and rates of participation by students.
- Periodic checks of student mastery of the nutrition education curriculum.
- Periodic completion of relevant portions of the CDC School Health Index.
- Periodic review of data currently collected by the district, including:
- attendance data, particularly absences due to illness;
- test scores;
- rates of suspension, discipline, and violent incidents;
- physical education scores on flexibility, endurance, and strength (i.e., fitness test results);
- student BMI (Body Mass Index) statistics, as collected in accordance with the State Department of Health efforts; and
- revenues generated from vending machines and a la carte food items.
- Periodic surveys of student/parent opinions of cafeteria offerings and wellness efforts.
- 10. Periodic review of professional staff development offered which focuses on student wellness.
- 11. NYSSBA’s Student Wellness Assessment Checklist [every three years] to review the effectiveness of this policy.
The district shall keep records as required by federal regulations, including documentation of the following: this policy; the district’s community involvement activities described above; that the policy is made available to the public; the assessments done every three years; how the public is informed of the assessment results; and when and how the policy is reviewed and updated.
Ref: P.L. 111-296 (The Healthy, Hunger-Free Kids Act of 2010), §204 amending 42 USC §1758b P.L. 108-265 (Child Nutrition and WIC Reauthorization Act of 2004), §204 42 USC §§1758(f)(1); 1766(a) (Richard B. Russell National School Lunch Act) 42 USC §1779 (Child Nutrition Act) 7 CFR §§210.10; 210.11; 210.12; 210.15; 210.18; 210.30 (National School Lunch Program participation requirements – nutrition standards for lunch and competitive foods; community involvement; recordkeeping; state review; local wellness policy) 7 CFR §§220.8; 220.12 (School Breakfast Program participation requirements – nutrition standards for meals and competitive foods) 8 NYCRR Part 135 (Health and Physical Education curricular requirements); §114.1 (School Breakfast Program Requirements) Appeal of Phillips, 37 EDR 204 (1997) (dec. no. 13,843) (physical education requirements) Appeal of Williams, 32 EDR 621 (1993) (dec. no. 12,934) (physical education requirements)
Adoption date: August 2017
P5405 specifically directs the superintendent, with advice from the Wellness Committee, to develop an administrative regulation that:
- sets guidelines for fundraising activities selling food or beverages;
- sets guidelines and standards for the frequency and content of classroom and school-wide celebrations where food and beverages are provided, and;
- sets guidelines and standards for recess.
Fundraising Activities (involving food or beverages)
Fundraising groups are encouraged to seek other ways to raise money besides food options. All staff should keep the following guidelines in mind:
- High School – Fundraising at the HS should take place outside the instructional day; excluding homeroom and lunch.
- Middle School – Fundraising at the MS should take place outside the instructional day; excluding homeroom and lunch.
- Elementary – Fundraising at the elementary should take place outside the instructional day; excluding lunch.
School-side Celebrations (where food and beverages are provided)
All staff are asked to follow the following guidelines regarding school-wide celebrations involving food and/or beverages:
Please consider non-food items for celebrations.
- Small toy
- Book marks
If food is brought to school for shared snacks, such as birthdays or holiday celebrations, please consider items that are healthy, store bought and packaged with ingredient labels. Be aware of any classmates with food allergies. Some healthy food ideas are listed below.
Healthy food ideas include:
- 100% fruit juice
- Fruits or vegetables with low-fat dip
- Cheese and crackers
- Cheese sticks ● Dried fruit
- Tortilla chips with salsa
- Individual cups of jello or pudding
- Low fat yogurt
Check with your child’s teacher for other ideas.
- Remember – The school cafeteria can provide the class with non-allergenic snacks for purchase. (Ordering and menu information can be found on the district website under Food Services.)
The Burnt Hills-Ballston Lake Central School District believes that active students are better learners; therefore, we provide daily recess as an academic support for all students. Recess is a regularly scheduled period in the school day for physical activity and play that is monitored by trained staff. During recess, students are encouraged to be physically active and engaged with their peers in activities of their choice, at all grade levels, kindergarten through 12th grade. The benefits of students having recess are to: increase their level of physical activity, improve their memory, attention, and concentration, help them stay on-task in the classroom, reduce disruptive behavior in the classroom, and improve their social and emotional development (e.g., learning how to share and negotiate). All staff are asked to follow the following guidelines regarding recess:
- Elementary School – Whenever possible students should participate in daily recess, which, weather permitting, should be held outside.
- Middle School – Whenever possible students should participate in daily recess, which, weather permitting, should be held outside.
- High School – Whenever possible provide opportunities to be physically active before and/or after school.
Adopted June 2018
The Board of Education recognizes that good student health is vital to successful learning and acknowledges its responsibility, along with that of parent(s) or guardian(s), to protect and foster a safe and healthful environment for the students.
The school shall work closely with students’ families to provide detection and preventive health services. In accordance with law, the school will provide vision, hearing, and scoliosis screening. Results shall be referred to the parent(s) or guardian(s) who shall be encouraged to have their family physician/dentist provide appropriate care.
In order to be enrolled in school a student must submit a health certificate within 30 calendar days after entering school, and upon entering kindergarten, first, third, fifth, seventh, ninth, and eleventh grades. The examination, which must conform to state requirements, must have been conducted no more than 12 months before the first day of the school year in question. If a student is unable to furnish the health certificate, the school will provide a physical examination by a licensed provider. A request for exemption from the physical examination, or the requirement to provide a health certificate, must be made in writing to the school principal or designee, who may require documents supporting the request. The only basis for exemption is a claim that the physical examination is in conflict with the parent or guardian’s genuine and sincere religious belief.
In order to be enrolled in school, students must also furnish documentation of required immunizations against certain communicable diseases, as set forth in state law and regulations, unless exempted from immunizations for medical reasons as permitted by state law and regulation.
Homeless students shall be admitted to school even if they do not have the required health or immunization records, but may be temporarily excluded if they show actual symptoms of a communicable disease that poses a significant risk of transmission to others (see “Communicable Diseases” below).\
The Board recognizes that the State of New York may authorize and require the collection of data from health certificates in furtherance of tracking and understanding health care issues that affect children. The Board supports these efforts and expects administrators to cooperate and to observe the appropriate laws and regulations in carrying out those responsibilities, including those that relate to student privacy.
In addition, students will be asked to provide a dental health certificate when they enroll in school and in accordance with the same schedule as the health certificate.
A permanent student health record shall be part of a student’s cumulative school record and should follow the student from grade to grade and school to school along with his/her academic record. This record folder shall be maintained by the school nurse.
Schools shall also provide emergency care for students in accidental or unexpected medical situations. The district will stock epinephrine auto-injectors. The district shall ensure that designated staff are properly trained. Each school in the district will include in its emergency plan a protocol for responding to health care emergencies, including anaphylaxis, and head injury. Parents/guardians will be notified of any emergency medical situation as soon as is practicable. Parents/guardians will receive notification of non-emergent medical situations that have been reported to the nurse in a timely manner.
The district permits emergency administration of opioid antagonists, such as naloxone, by the school nurses to prevent opioid overdose.
It is the responsibility of the Board to provide all students with a safe and healthy school environment. To meet this responsibility, it is sometimes necessary to exclude students with contagious and infectious diseases, as defined in the Public Health Law, from attendance in school. Students will be excluded during periods of contagion for time periods indicated on a chart developed by the school nurse.
During an outbreak of these communicable diseases, if the Commissioner of Health or his/her designee so orders, the district will exclude students from school who have an exemption from immunization or who are in the process of obtaining immunization.
It is the responsibility of the Superintendent of Schools, working through district health personnel, to enforce this policy and to contact the county or local health department when a reportable case of a communicable disease is identified in the student or staff population.
Administering Medication to Students
Neither the Board nor district staff members shall be responsible for the diagnosis or treatment of student illness. The administration of prescribed medication to a student during school hours shall be permitted only when failure to take such medicine would jeopardize the health of the student, or the student would not be able to attend school if the medicine were not made available to him/her during school hours, or where it is done pursuant to law requiring accommodation to a student’s special medical needs (e.g., Section 504 of the Rehabilitation Act of 1973). “Medication” will include all medicines prescribed by an authorized medical provider.
Before any medication may be administered to or by any student during school hours, the Board requires:
- the written request of the parent(s) or guardian(s), which shall give permission for such administration and relieve the Board and its employees of liability for administration of medication;
- the written order of the prescribing authorized medical provider, which will include the purpose of the medication, the dosage, the time at which or the special circumstances under which medication shall be administered, the period for which medication is prescribed, and the possible side effects of the medication; and
- that in order for a student to carry and use a rescue inhaler, an epinephrine auto-injector, insulin, or glucagon and associated testing supplies, written permission must be provided both by the parent and the prescribing authorized medical provider in accordance with state law and regulation.
Students are allowed to carry and apply parentally provided sunscreen without a prescription from a medical provider, assuming that the sunscreen is FDA approved and that the sunscreen is not treating a medical condition. Parental permission slips shall be kept on file in the office of the school nurse.
Life-Threatening Allergies and Anaphylaxis Management
The Board recognizes its role and responsibility in supporting a healthy learning environment for all students, including those who have, or develop, life-threatening allergies. The district will work cooperatively with the student, their parent/guardian and healthcare provider to allow the child to participate as fully and as safely as possible in school activities. When a student has a known life-threatening allergy reported on their health form or if the district has been informed by the parent of the presence of a life-threatening allergy, the district will assemble a team, which may include the parent, the school nurse, the child’s teacher, the building principal and other appropriate personnel, which will be charged with developing an individual health care plan and/or an emergency action plan. The plan(s) will be maintained by the school nurse. The plan(s) will guide prevention and response. If the student is eligible for accommodations based upon the IDEA, Section 504 or the Americans with Disabilities Act, the appropriate procedures will be followed regarding identification, evaluation and implementation of accommodations.
Training to support the fulfillment of staff responsibilities in regard to student health services will be provided as part of the district’s ongoing professional development plan and in conformity with Commissioner’s regulations.
The Superintendent shall develop comprehensive regulations governing student health services. Those regulations shall include the provision of all health services required by law, procedures for the maintenance of health records, and procedures for the administering of medication to students. The Superintendent shall also develop protocols, in consultation with the district medical director and other appropriate district staff, for the management of injury, with particular attention to concussion.
Attachments (P5420.E.1, P5420.E.2)
Cross-ref: 4321, Programs for Students with Disabilities | 5020.3, Students with Disabilities and Section 504 | 5280, Interscholastic Athletics | 5550, Student Privacy | 8130, School Safety Plans and Teams | 9700, Staff Professional Development
Ref: Education Law §§310 (provisions for appeal of child denied school entrance for failure to comply with immunization requirements); 901 et seq. (medical, dental and health services, BMI reporting); 916 (student self-administration of rescue inhalers); 916-a (student self- administration of epinephrine; 916-b (students with diabetes); 919 (provide and maintain nebulizers); 921 (epinephrine auto-injectors; training of unlicensed personnel); 922 (naloxone); 6527 (emergency treatment: anaphylaxis; naloxone); 6909 (emergency treatment: anaphylaxis; naloxone) Public Health Law §§613 (annual survey); 2164 (immunization requirements); 3000-c (collaborative agreements with emergency health care providers); 3309 (naloxone) 8 NYCRR §§ 64.7 (anaphylaxis; naloxone); 135.4 (Physical Education); Part 136 (school health services program; concussion, anaphylaxis, medication, naloxone) 10 NYCRR Part 66-1 (immunization requirements); § 80.138 (naloxone)
Guidelines for Medication Management in Schools, State Education Department, September 2015, www.p12.nysed.gov/sss/documents/MedicationManagement-final2015.pdf
Immunization Guidelines: Vaccine Preventable Communicable Disease Control, State Education Department, revised August 2000
Making the Difference: Caring for Students with Life-Threatening Allergies, New York State Department of Health, New York State Education Department, New York Statewide School Health Service Center, June 2008
Concussion Management Guidelines and Procedures, www.nysphsaa.org
New Policy for Stocking Albuterol Metered Dose Inhalers (MDIs), State Education Department, August 2011,
Reviewed January 2011 | Renumbered from P5410 – September 2015 | Revised October 2007 | Renumbered from P5411 – September 2015 | Reviewed January 2011 | Renumbered from P5412 – September 2015 | Replaced with NYSSBA Policy – November 2016 Revised October 2018 | Revised September 2019
- Immunization Against Communicable Diseases
Under state Public Health Law 2164, in order to be enrolled in or attend district schools, children must be fully immunized against certain communicable diseases. Those diseases are: poliomyelitis, mumps, measles, diphtheria, rubella, varicella (chicken pox), hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus influenzae type b (Hib), pneumococcal disease, and meningococcal disease.“Fully immunized” means that the child has either (1) received the required vaccinations for these diseases as set forth in state regulations; (2) for measles, mumps, rubella, hepatitis B, poliomyelitis, or varicella only, shown immunity with a positive blood test for those disease antibodies; or (3) for varicella only, has had the disease, verified by a physician, nurse practitioner, or physician’s assistant.Children who are not fully immunized may only be admitted to school if they (1) are in the process of receiving immunization or obtaining blood tests; or (2) have been granted a medical or religious exemption.Medical exemptions may be issued if immunization is detrimental to a child’s health. Medical exemptions must either be (1) the medical exemption form issued by the New York State Department of Health or the New York City Department of Health and Mental Hygiene, or (2) a statement signed by a physician licensed to practice medicine in New York State indicating the specific immunization, the medical contraindication, and the length of time the exemption is for. Medical exemptions must be re-issued annually to remain valid. The Building Principal may require supporting documents for medical exemptions.All students must be presented with appropriate documentation of their immunization status, as set forth in the Regulations of the Commissioner of Health 10 NYCRR Subpart 66-1. Homeless students shall be admitted to school even if they do not have the required immunization records, but may be temporarily excluded if they show actual symptoms of a communicable disease that poses a significant risk of transmission to others.The Building Principal may permit students without adequate documentation to attend school up to 14 calendar days while the parent/guardian furnishes the necessary documents. This time period may be extended to 30 days for students transferring from another state or country, as long as they show a good faith effort to obtain the necessary documentation.District schools may access the New York State Immunization Information System (NYSIIS) or the New York City Citywide Immunization Registry (CIR) to verify the immunization history of students entering or registered in that school.When a child is excluded from school for immunization reasons, the Building Principal shall notify the parent/guardian of their responsibility to have the child immunized, and the public resources available for doing so. The Principal shall also notify the local health authority of the child’s name and address and the immunization(s) the child lacks, and shall cooperate with that authority to provide a time and place for the required immunization(s) to be administered.
The district will maintain a list of all students who have been exempted from immunization for medical reasons, or who are in the process of receiving immunization, and shall exclude such students from school when so ordered by the Commissioner of Health, in the event of an outbreak in school of the vaccine-preventable diseases listed in Public Health Law 2164 and the first paragraph of this section.When a student transfers out of the district, the parent/guardian will be provided with an immunization transfer record showing the student’s current immunization status which will be signed by the school nursing personnel or the school physician. A transcript or photocopy of the immunization portion of the cumulative health record will be provided to the new educational institution upon request.
- Administering Medication to Students in School
The administration of prescribed medication to a student during school hours is permitted only when the medication is necessary to allow the student to attend school or failure to administer the medication would seriously affect the student’s health.Parent(s) or guardian(s) must present the following information:
1. a written order from a NYS licensed health care provider (e.g. physician, nurse practitioner or physician assistant) containing the following: student’s name, the date and name of the medicine, dosage and time to be administered, and list of possible side effects; and
2. A written note from the parent/guardian giving appropriate licensed school personnel permission to administer the medication to their child during school or for trained unlicensed personnel to assist their child in taking their own medication.
Students who may carry and use certain medicationsStudents are permitted to self-administer medication under certain circumstances, in accordance with state law and regulation. A student is authorized to carry and use the following medications: rescue inhaler, epinephrine auto-injector, insulin, glucagon (and associated diabetes testing supplies), if the following conditions are met:
1. An authorized medical provider must provide written permission that includes an attestation that the student’s diagnosis requires the medication; the student has demonstrated that he/she can self-administer the prescribed medication effectively; the name of the medication, the dose, the times when it is to be taken, the circumstances which may warrant use and the length of time during which the student may use it.
2. Written parental permission.If a student is authorized to carry and use medication as described above, the parent/guardian is permitted to give extra medication and supplies that the district will maintain in accordance with the written directions submitted by the authorized medical provider. Such extra medication and supplies shall be readily accessible to the student.All documents pertaining to student medication will be kept on file in the nurse’s office.
The school nurse shall develop procedures for the administration of medication, which require that:
1. all medications will be administered by a licensed person unless the child is a “supervised student” (able to self-administer with assistance and supervision) or an “independent student” (able to self-administer and self-carry);
2. medications, other than as noted above, shall be securely stored in the office and kept in their original labeled container, which specifies the type of medication, the amount to be given and the times of administration;
3. the school nurse shall maintain a record of the name of the student to whom medication may be administered, the prescribing physician, the dosage and timing of medication, and a notation of each instance of administration; and
4. all medications shall be brought to school by the parent(s) or guardian(s) and shall be picked up by the parent(s) or guardian(s) at the end of the school year or the end of the period of medication, whichever is earlier. If not picked up within five days of the period of medication, the medication shall be discarded.An adult must bring the medication to school in the original container. The administering staff member should clearly label the medication with the time to be given and dosage.Sunscreen. Students are permitted to carry and apply sunscreen without a medical provider’s order under the following conditions:
1. the sunscreen is used to avoid overexposure to the sun and not for medical treatment of an injury or illness, if sunscreen is required to treat a medical condition, the procedures for administering medication (above) apply;
2. the sunscreen is FDA approved for over the counter use;
3. the student’s parents or guardians provide written permission annually for the student to carry and use the sunscreen.The school nurse will keep written permission for students on file and develop procedures pertaining to this policy.Administering medication on field trips and at after-school activities.
Taking medication on field trips and at after-school activities is permitted if a student is an “independent student” described above in administering their own medication. On field trips or at other after-school activities, teachers or other school staff may carry the medication (if the student does not need it on hand for rapid administration) so that the independent student can take it at the proper time. If a student is a “supervised student” described above, unlicensed school personnel who have been trained by a licensed school health professional may assist the student in taking his/her medication. The student’s parent/guardian, if attending the trip, may also perform these activities, but may not be required to do so.If a student is “nurse dependent” (i.e., requires a licensed health professional to administer their medication), then the student must have their medication administered by a licensed health professional, or the district may:
permit the parent or guardian to attend the activity and administer the medication.
permit the parent to personally request another adult friend or family member to voluntarily administer the medication on the field trip or activity and inform the school district in writing of such request.
allow the student’s health care provider to be consulted and, if he/she permits, order the medication time to be adjusted or the dose eliminated.
If no other alternative can be found, the trip will be canceled or rescheduled.
Administering epi-pen in emergency situations.
The administration of epinephrine by epi-pen has become an accepted and extremely beneficial practice in protecting individuals subject to serious allergic reactions (e.g., individual has an anaphylactic reaction to a wasp sting or the ingestion of peanut butter).
Pursuant to Commissioner’s regulations, registered professional nurses may carry and administer agents used in non-patient specific emergency treatment of anaphylaxis.
Additionally, the district will stock epinephrine auto-injectors to be used on any student or staff member having symptoms of anaphylaxis, whether or not there is a previous history of severe allergic reaction. The medical director shall oversee use of the auto-injectors, ensuring that designated staff are appropriately trained. However, any school personnel may be directed in a specific instance to use an auto-injector by the nurse or medical director.
In addition, pursuant to SED guidelines, school nurses may provide training to unlicensed school staff in administering epi-pens, epinephrine auto-injectors and glucagon prescribed by a licensed medical provider, to a child who has been diagnosed with the associated disease in accordance with the process described in this policy and regulation.
Use of Albuterol Metered Dose Inhalers.
Students diagnosed with asthma whose personal albuterol prescription is empty may receive an emergency dose of school-stocked albuterol under the following conditions:
The student has a prescription ordering albuterol MDI or nebulized albuterol from their licensed health care provider which must include an order allowing the student to use the school’s stocked albuterol MDI if their personal prescription is empty;
The student’s parent/guardian must provide written permission for the student to be administered dosing from the school’s stocked albuterol MDI if their personal prescription is empty;
- The school’s stock supply of albuterol is not to be used in place of the parent/guardian providing the medication for their child to the school. The school’s stock supply is for use only in the event that the student’s personal supply is empty while awaiting the parent/guardian to provide the school with a new one; and
- The student must have their own labeled spacer, tubing and facemask, or mouthpiece provided by the parent/guardian that is used when administering their own or the school’s stock albuterol MDI.In consultation with the school physician, specific procedures will be developed by school health personnel that will outline the following:
1. The process for obtaining and replacing the stock albuterol;
2. The maintenance and cleaning of the school’s stock MDI and nebulizer; individual students’ MDIs and spacers; and/or students’ nebulizer tubing, facemask or mouthpiece;
3. The protocol for informing parents that the school stock albuterol was used; and
4. The protocol for informing parents/guardians of the need for replacement of their child’s albuterol medication along with any district imposed deadlines for doing so.
C. Student Medical Exams
In accordance with Sections 903 and 904 of the state Education Law, each student shall have a physical exam given by the school doctor or licensed health provider (including a physician, physician assistant or nurse practitioner) upon entrance to school and at grades pre-kindergarten or kindergarten, two, four, seven and ten. Findings are to be kept on record at the school on forms that can be obtained from the school nurse. In addition, the school will request a dental health certificate according to the same schedule.
A student may be excluded from the medical examination requirements because the child’s parent/guardian holds a genuine and sincere religious belief which is contrary to medical examinations. The request for exemption must be in writing to the principal or his/her designee.
In the event that the student’s medical history reveals that they have a known life-threatening allergy, the school nurse, in conjunction with the family, student, child’s teacher, and other appropriate staff, will develop and implement an individual health care plan which will guide prevention and response.
The district will work with students in the self-management of their life-threatening allergy, or other chronic health conditions, by:
1. Adequately training staff involved in the care of the child.
2. Assuring the availability of the necessary equipment and/or medications.
3. Providing appropriately licensed and trained persons on school premises, as required by law.
4. Providing ongoing staff and student education.
D. Illness or Injury in School
If a student becomes ill or injured in school:
1. The nurse will determine if the student should receive further medical attention, remain in the dispensary or return to class.
2. The nurse will call the parent, guardian or designated emergency contact if he/she feels the student should go home. In general, a parent or guardian will pick up the student from school.
3. The nurse will contact the Building Principal if he/she feels the child should be transported by bus to the home.
4. If there is to be a change in bus routing in order to carry the student to his/her home, that decision will be made by the administrator and the transportation supervisor.
5. If the route is to be changed, the transportation supervisor shall inform the bus driver.
6. If no parent, guardian or designated emergency contact picks up the student at school, or if no parent/guardian or designated emergency contact will be home, the student will remain in the nurse’s office until such time as a parent, guardian or designated emergency contact becomes available to assume responsibility for the child.
7. If the nurse determines that the child can return to class, but needed some type of medical attention (i.e., a bandage for a minor scratch, a brief rest, etc.), the nurse will notify the parent.
8. The nurse will maintain appropriate records of all student visits.
E. Medical Emergency Record
All students shall have on file a medical emergency record which shall state the name and telephone numbers of the following:
1. the student’s parent(s) or guardian(s) at home and work;
2. the student’s next of kin;
3. a neighbor;
4. the student’s licensed health care provider;
5. preferred hospital;
6. any allergies or serious health conditions.
Students diagnosed with diabetes shall have a written diabetes management plan maintained as part of the student’s cumulative health record. The management plan shall be developed in accordance with state regulation and district procedures. Students diagnosed with asthma or other respiratory disease requiring a rescue inhaler, students diagnosed with life-threatening allergy or diabetes may have an emergency action plan maintained as part of the student’s cumulative medical record. The emergency action plan will be developed in accordance with state regulation and district procedures.
F. Student Return to School after Illness/Injury
In general, students should be symptom-free before returning to school and resuming normal activities. In some instances, students may be asked to provide a note from their licensed health care provider before they return to school or participate in the full range of school activities. The final decision to permit participation rests with the school physician. The Superintendent, in consultation with the school physician, nurse and other appropriate staff, will develop protocols to address a student’s return to activities when there has been a serious illness or injury.
Adoption date: November 2018 | Revised September 2019
The following procedures shall be followed when children suffer insect stings:
- The child should be brought to the nurse immediately.
- Where children are known to be allergic to insect bites, the written instruction of the private physician should be followed.
- When no prior knowledge of allergy is available, and a child is reacting adversely to an insect bite, the nurse should follow the directions of the school physician’s standing order.
Revised & Changed from P5413 to AR5410.2 | Renumbered from AR5410.2 – December 2015 | Renumbered from AR5420.2 – August 2017
It is the goal of the Burnt Hills- Ballston Lake School District staff to help stop the spread of head lice and to ensure that no healthy child is excluded from school because of head lice nits.
The New York State Education Department, The Center for Disease Control, The American Academy of Pediatrics, The Harvard School of Public Health and the National Association of School Nurses has taken the position that no-nit policies for return to school should be abandoned. (Head lice do not cause or spread disease. No-nit policies and practices keep children out of their educational program needlessly.)
These guidelines are supported by the recommendations of
- Dr. Sipperly – our school district doctor
- Center for Disease Control
- American Academy of Pediatrics
- Harvard School of Public Health
- National Association of School Nurses
- Head lice information will be available on the district website for parents.
- A reminder on where to access this information will be included on the district calendar.
Guidelines if a student is found to have head lice in school.
- School nurses will educate staff about head lice. Children should be taught not to share personal items such as brushes, hair clips, smocks and hats.
- Students with live head lice should be sent home and referred to their parent/guardian for treatment. The school nurse will give the parents a Pediculosis (head lice) information sheet when they come to take the student home. Parent/guardians should contact their child’s health care provider for recommended treatment. Parents/designee will be required to transport the child with live lice home. The nurse maintains a record with the date of the incidence of live lice.
- At the elementary level the principal will send or email a communication and information sheet home with all students in the school that a student has live head lice. The letter will advise that children be checked at home for head lice. Sample information sheets are attached. The letter should contain the date of correspondence but not the specific date of individual detection to insure confidentiality. The letter should indicate if it is one case or multiple cases in the building with specific reference to grade levels. Since the letter advises parents to monitor their children for three weeks, the principal will not send further communication about additional cases until the completion of the three week period including an extended watch for new cases. The letter will clearly communicate that children are expected not to return to school with nits in their hair.
- Parents should transport students to school following treatment and be checked by the nurse prior to readmission. Students must be louse free to be readmitted.
- At the secondary level, since students are better able to monitor themselves, letters will be sent to all students after the first live louse detection in the secondary buildings to raise awareness. Further information will be shared if a cluster of three or more students with live lice occurs. In addition, information will be shared with teammates for each incidence if the child participates in a sport with physical contact.
- If a student experiences multiple incidents of live lice, the nurse should communicate with the building principal to determine further guidance and action. The superintendent may impose additional procedures.
- Students with symptoms of head lice (itching of scalp, visible nits) will be checked by the school nurse. School nurses will also check a student if a parent requests help. A nurse will communicate with any siblings of a student with live lice and check for lice if symptoms are present.
- After being treated the student will be checked by the school nurse prior to going to class. If live lice are found, the student will be sent home from school. If nits are found, the nurse will contact the parent/guardian and principal to report the findings and to suggest the nits be removed. The nurse will at a minimum continue to monitor the student on a weekly basis for three weeks following treatment.
- Because social stigma frequently accompanies identification of head lice, care should be taken to protect the students’ confidentiality.
- In the event of a head lice occurrence in an elementary building, the principal will notify the physical education teacher to respond by curtailing physical contact in phys. ed classes (wrestling and square dancing) and by stopping the sharing of team jerseys in affected classes. In secondary schools the athletic director will be contacted to address physical education restrictions.
- In elementary with notification of live lice in the building the principal will communicate to staff regarding the use of headphones.
- In elementary in an attempt to prevent transmission via art smocks, we are instituting a new procedure which requires students to bring and store smocks in a resealable plastic bag throughout the year.
PEDICULOSIS (HEAD LICE) BULLETIN
In order to prevent the spread of head lice as far as possible and to ensure better cooperation between home and the school, we wish to inform you that we have a had a case(s) of head lice in our school. Head lice do not observe any class distinction; they can infest anyone. There is no evidence that lice are a health hazard.
Since it is difficult to detect a very early case of lice, before the nits are laid and visible, we would appreciate it if you would check you child’s head every day for the next two (2) weeks.
Head lice are insects approximately 1/10 – 1/8 inch in length: they have no wings, and DO NOT jump or fly. They lay eggs which are called NITS. Lice are usually transmitted from one person to another by direct contact with the hair. Personal items such as combs, brushes, towels and bedding are other frequent sources of contamination. Another common source of infestation is clothing such as hats, scarves, sweaters and coats.
FACTS ABOUT NITS (from the School Nurse Network Newsletter)
Nits are egg sacs of lice that attach themselves to the base of human hairs by nature’s own superglue. A single head louse may deposit 90 nits in her 30 day cycle. The nits appear as small pearly, oval specks that bear an uncanny resemblance to dandruff. They are extremely difficult to remove, especially the hatched eggs that are close to the scalp. Any nits that are not killed may hatch and re-infest the hair in 7 to 10 days, which is why a second treatment is required. Nits are not infectious. There is no currently marketed pediculicide which will kill the eggs. They can be removed only by picking them off one by one or by using a special NIT comb.
WHAT TO DO IF YOU CHILD HAS HEAD LICE
- Call your doctor for his recommendation for treatment.
- After treating your child’s head, be sure that you use the special NIT comb and comb and pick all of the nits out. A regular tooth comb will not effectively remove the nits. Combs and brushes should be cleaned by soaking in hot water for 5 to 10 minutes. Even though your child’s head has been treated, please continue to check your child’s head every day for the next 3 weeks even if you don’t see any nits or lice.
- Wash all of the bedding, towels, hats, etc. on the same day that you shampoo your child’s hair. Bedding etc. should be machine washed in hot water and then dried using the hot cycle of the dryer for at least 20 minutes.
- If an item cannot be washed, put it in a double plastic bag and leave it for at least 3 weeks.
- All furniture and rooms used by the person with head lice should be thoroughly vacuumed and the vacuum bag should be removed. Please notify the school nurse if you find nits or live lice in your child’s hair.
5 – STEPS TO NIT REMOVAL
- While hair is still wet comb with your regular comb to remove snarls and tangles. Part hair into four sections.
- Starting at the top of the head from any one of the four parted sections, lift a one inch wide tuft of hair up and away from the scalp.
- Take the special nit removal comb in your other hand and place the teeth of the comb as close to the scalp as possible. Comb slowly away from the scalp to the end of the hair being careful to comb the entire length of each one inch section of hair.
- Clip or pin back nit free strands; continue to combing and pinning until the entire section is free of nits and lice. Wipe nits from the comb frequently with a tissue.
- Repeat steps 2 – 4 for the remaining sections. Always comb away from the top of the head to prevent re-infestation of combed hair. This may take some time if the hair is long and thick. If the hair dries during the combing, wet it again with water.
June 2011 | Renumbered from AR5410.3 – December 2015 | Renumbered from AR5420.3 – August 2017
DRAFT letter #1 (single case)
A case of Pediculosis (head lice) has been found in grade (fill in the blank). Your child may have come into contact with an infected child, so I encourage you to frequently check your child’s hair for the next three weeks.
If you find any questionable condition, or if you suspect that your child has Head Lice, please contact (fill in the blank) , our school nurse, at 518-399-9141, extension (fill in the blank).
Children who are found to have head lice will need to be treated with a medicated shampoo that kills the lice. Nits (eggs) must be removed and it is recommended that the child should not return to school with nits. Parents will be asked to transport their child to school after having been treated to be checked by the nurse prior to going to class.
More information can be found on the back of this letter (taken from www.kidshealth.org).
We advise you to wash your child’s personal items like coats, sweatshirts and hats if worn and hung up at school during the day. Head lice can be spread whenever there is direct contact of the head or hair with an infested individual. Lice can also be spread through the sharing of personal articles like hats, towels, brushes, helmets, hair ties, etc. There is also a possibility of spreading head lice via a pillow, headrest or similar items. Head lice do NOT jump or fly and generally do not survive longer than 48 hours off the host.
Good communication between home and school is very helpful in preventing the spread of head lice, and all communication is confidential. Thank you very much for your help.
Sincerely, Principal (Add name)
DRAFT letter #2 (multiple cases)
Several cases of Pediculosis (head lice) have been found in grade (fill in the blank). Your child may have come into contact with an infected child, so I encourage you to frequently check your child’s hair for the next three weeks.
If you find any questionable condition, or if you suspect that your child has Head Lice, please contact (fill in the blank), our school nurse, at 399-9141, extension (fill in the blank).
Children who are found to have head lice will need to be treated with a medicated shampoo that kills the lice. Nits (eggs) must be removed and the child should not return to school with nits. Parents will be asked to transport their child to school after having been treated to be checked by the nurse prior to going to class.
More information can be found on the back of this letter (taken from www.kidshealth.org).
We advise you to wash your child’s personal items like coats, sweatshirts and hats if worn and hung up at school during the day. Head lice can be spread whenever there is direct contact of the head or hair with an infested individual. Lice can also be spread through the sharing of personal articles like hats, towels, brushes, helmets, hair ties, etc. There is also a possibility of spreading head lice via a pillow, headrest or similar items. Head lice do NOT jump or fly and generally do not survive longer than 48 hours off the host.
Good communication between home and school is very helpful in preventing the spread of head lice, and all communication is confidential. Thank you very much for your help.
Sincerely, Principal (Add name)
The increased prevalence of allergies and the risk of life-threatening anaphylaxis have impacted the school environment in recent years. Many environmental factors may serve as allergens. Food, insect stings and latex are examples of common allergens. While the Board of Education cannot guarantee an allergen-free environment, the Board will endeavor to provide an environment that limits the risk for students with life-threatening allergies. The Board directs the Superintendent of Schools and/or his/her designees to take steps necessary to meet this objective.
or students with severe allergies which may result in life-threatening reactions to various environmental triggers, it is necessary for the district to work cooperatively with the parent(s), guardian(s) and the healthcare provider to:
- Develop an Emergency Care Plan that includes all necessary treatments, medications, training and educational requirements for the students.
- Obtain appropriate health care provider authorization in writing that includes the frequency and conditions for any testing and/or treatment, symptoms and treatment of any conditions associated with the health problem, and directions for emergencies.
- Secure written parent permission and discuss parental responsibility that includes providing the health care provider’s orders, providing any necessary equipment, and participation in the education and co-management of the child as he/she works toward self-management.
- If the student is eligible for accommodations based upon the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act, the appropriate procedures will be followed regarding evaluation and identification.
The Superintendent and/or designees will establish school level emergency plans to adequately deal with and treat potential anaphylactic reactions occurring in previously undiagnosed individuals, via a non-patient specific order. A non-patient specific order is a standing order or protocol issued by a physician or certified nurse practitioner, authorizing an Registered Nurse to administer anaphylactic treatment agents to a student or staff member suffering an anaphylactic reaction even if there is no known history.
The district will work toward assisting students in the self-management of their chronic health conditions based upon the student’s knowledge level and skill by doing the following:
- adequately training all staff involved in the care of the student; and
- assuring the availability of the necessary equipment and/or medications.
The school must receive a documented diagnosis of allergies and clear, easy-to-follow written instructions from the student’s physician for managing the student’s allergies: avoidance measures, typical symptoms, dosing instructions for medications and emergency protocols. Parents are responsible for providing the allergic child’s medication directly to the school health office in a properly labeled original container and for maintaining an adequate and up-to-date supply. Parents will provide written permission for the child’s physician and school officials to consult on behalf of the child.
If the child is at risk of a lethal allergic reaction, the district strongly urges that he/she wear a medical information bracelet or necklace that identifies the specific items that may cause an anaphylactic reaction.
School officials in consultation with parents will determine which school personnel are made aware of the allergic student’s condition. Appropriate school staff will receive details of the Emergency Care Plan.
One of the more common forms of allergies involves food. Students may display a range of allergic responses from minor to life-threatening. In some cases, minute amounts of the food allergen, when eaten, touched or inhaled can make the allergic child very ill.
Currently, there is no cure for food allergies and avoidance is the only prevention; yet it is impossible to achieve complete avoidance of all allergic foods, as there can be hidden or accidentally introduced sources. Therefore, the child’s parents and physician must prepare the school district for serious reactions that may occur despite precautions. To that end, parents are responsible (as noted above) for notifying the school of students with documented food allergies and/or anaphylaxis and for providing necessary medical information including the family physician’s treatment protocol. This notification should occur at the time of enrollment or as soon after diagnosis as possible. Once the district has been notified by the parent, a conference will be held to develop an Emergency Care Plan, if necessary.
The district does not have diagnostic responsibility with respect to medical conditions. The district’s goals for severe food-allergic children are to reduce the risk of exposure, identify and recognize symptoms of an adverse reaction and ensure prompt emergency treatment. In response to a specific case of food allergies, each school may place limitations on foods that may be brought into school from home or places where foods may be eaten. The district will seek cooperation from the school community.
When children have been identified by the parents and physicians as food-allergic/anaphylactic and have reported their medical information to the school nurse, the parents will be given a copy of the Board policy and related regulations. Each will have a tear-off sheet to be signed by the parent indicating they received, read and had the opportunity to discuss the Board policy and regulations with the school nurse and Building Principal.
The Superintendent of Schools shall establish regulations to provide for the allergic/anaphylactic child. These regulations may include development of an Emergency Care Plan, EpiPen or other medication to be used and staff training, staff in-service, forms and letters, consents, waivers and privacy issues and sharing information.
Adoption date: November 2016 | Renumbered from P5420.1 – August 2017
- Allergen: A substance that triggers an allergic reaction.
- Allergies: An exaggerated response to a substance or condition produced by the release of histamine or histamine-like substances in affected cells. It is characterized by an overreaction of the immune system to protein substances – either inhaled, ingested, touched or injected – that normally do not cause an overreaction in non-allergic people.
- Allergic Reaction: An immune system response to a substance that itself is not harmful but that the body interprets as harmful. When an allergen is eaten, the food allergic student produces histamine. Once the histamine is released in the body it causes chemical reactions which may trigger inflammatory reactions in the skin (itching, hives, rash), the respiratory system (cough, difficulty breathing, wheezing), the gastrointestinal tract (vomiting, diarrhea, stomach pain), and the cardiovascular system (lowered blood pressure, irregular heartbeat, shock). Each person with a food allergy reacts to the allergy differently. Each reaction by a food allergic student may differ in symptoms.
- Anaphylaxis: A life-threatening allergic reaction can involve one or more body systems. It may be characterized by symptoms such as lowered blood pressure, wheezing, vomiting or diarrhea, swelling and hives. Anaphylaxis may result in shock or death, and thus requires immediate medical attention.
- Nut-Controlled Space: A classroom in which consumption of obvious nuts (i.e. peanuts or almonds) and obvious nut products (i.e. peanut butter) is not permitted. Complete lack of nut products (i.e. reading of all food labels) cannot be guaranteed in nut-controlled classrooms. The prohibition is for obvious nut products.
This protocol will be followed in the school setting, with the cooperation of the parents, when a student is identified as having a significant food allergy. A student, whose needs are considered to be more complex, will be provided services through a 504 Accommodation plan or an Individualized Education Plan.
When a child’s food allergies have been identified by his parents and physician, the school district requires that the parents:
- inform the school nurse of the child’s allergies and provide written medical information that is updated prior to the beginning of the school year and as needed, with any changes that occur during the school year.
- Provide the school with written medical orders and instructions from their physician , preferably in the form of an emergency care plan which includes precise instruction of when and how to treat allergy symptoms and cases of ingestion or suspected ingestion of allergen(s)
- For Students in secondary schools, parents will be encouraged to obtain a physician’s order to self-carry emergency medication. Any student may self-carry emergency medication with a doctor’s order, parental permission and school approval.
- All physicians’ orders should be signed by the parent.
- Provide the school with EpiPens and other medication, if appropriate, as prescribed by the physician;
- Seriously consider providing the child with a medical information bracelet or necklace to be worn at school that lists allergies;
- May review the Emergency Care Plan created by the nurse, if no plan is provided by the physician;
- Provide safe foods for lunches, snacks, and special occasions; these may be kept in the classroom or nurses office;
- Be available to attend field trips if possible, when needed or asked.
- Confer with teachers regarding lessons or projects that use food;
- Teach their allergic child to recognize first symptoms, to communicate these to staff, to not share snacks, lunches, drinks and utensils, and to report any teasing;
- Consent to share photographs and medical information with necessary employees; and staff.
- Maintain up-to-date emergency contacts and phone numbers. Student
The role of the student with life threatening allergies will change as they get older and more mature. The level of independence with their care and management is based on the student’s developmental status.
The student will develop skills to:
- avoid allergen exposure
- learn to recognize symptoms of an allergic reaction and alert an adult if a reaction is suspected, symptoms occur, or ingestion is suspected;
- never eat anyone else’s food;
- wash hands before and after eating;
- learn to read food labels and make safe choices in the cafeteria
- keep medications in locker or on their person if self-carrying medication
The food-allergic child will eat only food brought from home. If the student, with approval of his/her parent intends to buy school lunch, the parent should contact the head of foodservice to determine if buying lunch is safe for their child. Prior to the child buying school lunch, the parent must make the determination as to the safety of a cafeteria lunch for their child.
When parents and their physician inform the district/school of a child with food-allergies/high risk of anaphylaxis and request lunchroom accommodations, the school will institute lunchroom procedures to help protect the child. Most commonly, this will include children with “nut” allergies. If requested by the parent, the school will designate certain cafeteria areas as “allergen controlled”. Allergen controlled areas will be supervised by cafeteria monitors. Prior to each lunch period, the allergen controlled areas will be cleaned with a separate cleaner and towels from what is used for all other areas.
Food service personnel will be provided with a list of all students with food allergies prior to the beginning of each school year and updated as needed.
The School Lunch Director will continue to check ingredient labels for food products used in the School Lunch Program, including vending machine products. She will make this information available to the parent upon request. Staff will not be required to read labels.
At the intermediate and high school grade levels, some students remain with an allergy(s) so severe that they continue to require classrooms without obvious allergens including nuts/ nut products. The classrooms of those students will be kept free of obvious signs of nuts/ nut products, or other allergens as required. This would include all areas and classrooms in the building that are shared by all students. The cafeteria would remain an area where allergens including nuts and nuts products would be able to be consumed by all students. Allergen free tables/ areas will be available in the cafeteria as needed.
Elementary Classrooms, Snacks, and Parties:
Due to statistics showing that the majority of fatal and near fatal reactions for elementary students in the school setting are most often caused by peanuts or tree nuts, we have had an increasing number of elementary classrooms designated as “nut controlled” in recent years. Since students move throughout the school each day, our medical professionals have expressed concerns about some classrooms being “nut-controlled” and others not having this designation. Beginning in 2017-18, all District elementary school classrooms will be “nut controlled”. The consumption of obvious nuts (i.e. peanuts or almonds) and obvious nut products (i.e. peanut butter) will not be permitted in classrooms. These products are allowed in the cafeteria (as described above). Appropriate signage will be posted, and families will be informed via letters, email, district website and various other means. Teachers will speak about this at Back to School Night.
Additionally, when the parent and physician have informed the school of a child in elementary or middle school with a serious food allergy other than nuts, parents may request accommodations for an allergen controlled classroom. A letter will be sent home explaining the presence and the seriousness of the condition, and requesting cooperation in reducing the risk to the child by asking them not to send/ bring in snacks or party foods that contain obvious signs of the food allergens. The letter will be sent prior to the start of the school year or when the school is notified about a new allergy. Signs will be placed outside the room, by the door stating that the room is ‘allergen safe’ in some language, to be determined depending on the allergy. As a follow-up reminder, the teacher will speak about the allergy at Back to School night.
Food-allergic children will eat only foods brought in from their home. They should not be permitted to eat or touch food brought in by others for snacks or special events unless approved by the child’s parents. A parent of a food-allergic child may choose to send in their own food for occasions such as these. These treats can be kept at the nurse’s office or classroom. All parents should consider using the cafeteria to provide birthday treats since our cafeterias are allergen-controlled environments. Parents should contact the Food Service Director for specific details.
The teacher will educate children, in an age appropriate manner, about the seriousness of food allergies and the importance of enforcing the rule never to share or trade snacks or party food with a food-allergic classmate. Bullying of any kind is unacceptable and will not be tolerated.
When a child identified with a “serious medical condition” (e.g. food allergies/anaphylaxis) has a field trip, his parent may be requested to accompany the child on the trips. Teachers will give these parents lead time on upcoming special events so that they have time to plan ahead to attend. If it is part of their doctor’s treatment protocol, parents must provide an EpiPen for field trips. If a parent will not attend, and the student does not self-carry their EpiPen, a designated person trained in its use will take the EpiPen and keep the child in their group. Staff who are responsible, will see the nurse to be briefed on the identity of the child, the specific allergies, and the symptoms to be aware of. On every field trip there will be access to a telephone, cell phone, or radio communication in case of emergency.
If the children bring their own lunches on a field trip, the child with the food allergy will place their food in a backpack for transport. The teacher/chaperone will be asked to carry it if needed. If the class will be eating at a restaurant, the child with food allergies must bring his/her own food or signed permission from the parent to eat out, indicating specifically what the child may eat. Children will be reminded not to share or trade any food.
- Each nurse will send the transportation department a list of students with severe allergies in the beginning of the year.
- Drivers and Substitutes shall remind students of the no eating policy on all buses (except where special arrangements have been made). This policy must be enforced by drivers, teachers, principals, and coaches.
- Drivers and Substitutes shall not give out snacks or treats to students.
- A list of the possible signs and symptoms of a severe allergic reaction shall be given to all bus drivers, attendants, and substitutes for their review. In the event of a suspected severe allergic reaction, the driver will notify the dispatcher who will place a 911 call and suggest action to the driver.
- Students with an Emergency Allergy Plan may be assigned a specific seat on any bus they ride.
- Drivers are expected to administer emergency medications as required by Emergency Allergy Plan and will be properly trained by the nurses.
- The district will make every effort to insure that buses used for extracurricular activities, are not used to regularly transport identified students.
Staff who interact with a child with food allergies – teachers, psychologists, cafeteria workers, monitors, and other appropriate staff – will be advised how to protect the child from exposure, about cross contamination and labeling issues, how to recognize an allergic symptom, and how to respond to emergencies. The training may include foods which contain specific allergens, symptoms of anaphylaxis, and administration of EpiPen in the case of an emergency. The specific plan for in-service training will be as follows:
- All staff will be given time to complete a yearly online training on managing severe medical conditions for students.
- Each school nurse will visit a faculty meeting in each building early in the year to discuss specific medical concerns.
- After the initial faculty meeting, the school nurse will keep staff updated of any changes to medical care plans for students in the building.
The regular teacher will keep information about children with food allergies with the teacher’s substitute plans.
When an elementary child with a severe food allergy anaphylaxis has been identified to the school by his parent and family physician, a general letter will be sent to the entire elementary school explaining the presence and the seriousness of the condition and requesting cooperation in reducing risk to the child.
When a student is identified with a severe food allergy and is at high risk for anaphylaxis, a letter will also be sent to the parents of the child’s class asking for assistance in making the classroom safer. Letters will be sent home prior to the start of the school year or when the school is notified. The allergic child will be identified in the letter only with written permission of the parents.
Emergency Care Plan
When parents and their physician identify a food-allergic/anaphylactic child to the school, the parents will consult with the school nurse. The parent may participate in the completion of an Emergency Care Plan form each year if not provided by a physician that provides up-to-date medical information and the treatment protocol from the physician. Parents will immediately inform the district of any change in the status of this information when it occurs. Parents will supply medicines and EpiPens to schools as prescribed by their physician.
The Emergency Care Plan form should include information from the physician as to symptoms of the child’s allergy, recognizing warning signs of reactions, administering medical and emergency treatment for the child, and any other pertinent information. It will be provided to emergency responders if necessary. The Plan will go with the child on all field trips.
The Emergency Care Plan may also include phone numbers: child’s home, parents/guardian emergency contact information, emergency contact numbers (relatives, friends, neighbors) and the child’s doctor. Every Emergency Care Plan will also include the name of the local Emergency Services and the direct phone number to dial for an anaphylactic emergency.
If exposure to an allergen occurs despite avoidance efforts, the school will follow the prescribing doctor’s protocol to which the parents have given consent. Parents will be notified if any medicine has been administered. The school will tend to the child and administer the EpiPen if that is the treatment protocol. The Fire Department/Rescue Squad will be called specifying the need for a response to an allergic reaction/anaphylaxis.
Any child given an EpiPen injection will be transported immediately to a hospital even if symptoms resolve. An adult will be sent to accompany the child in the ambulance, and to stay with the child until a parent arrives. After the call to the local Emergency Services, the parents and/or emergency contacts will be notified.
EpiPen Use for Identified and Non-Identified Students and Staff
EpiPens are auto-injectors designed for the administration of epinephrine in acute allergic emergencies (anaphylaxis). Anaphylaxis may occur in individuals with previously identified allergies or in individuals with no known history of allergic reaction. Anaphylaxis is known to be caused most commonly by insect stings, food allergies, medication and latex — although other allergens may trigger it.
A school nurse may administer an EpiPen to a student who has the appropriate medical documentation and physician’s order. Additionally, the district’s school physician shall provide a non-patient specific standing order, which authorizes school nurses to administer an EpiPen injection as an emergency first aid response to any individual experiencing anaphylaxis. In all cases, the anaphylaxis emergency response procedure is as follows:
- Any suspicion that someone is experiencing an allergic reaction must be reported to the school nurse immediately.
- If the individual is experiencing anaphylaxis, the school nurse/ trained staff administers the Epipen and follows the Emergency Care Plan
- Enlist the assistance of others to (1) call 911 for ambulance transport to a hospital emergency room, and (2) notify parents (if a student).
Athletic and Extracurricular Activities
The parent will notify coach supervisor that the student has an allergy. The Emergency Care Plan for all children with severe food allergies/risk of anaphylaxis who are involved in athletic and extracurricular activities can be provided to the coach or supervisor upon request. Coaches are alerted to students with severe allergies on the ‘Certification to Participate in Sports’ form provided to the coach on each participant at the beginning of each sports season. Supervisors of extracurricular activities should seek out information from the school nurse, the school data system, or parent regarding health alerts they may be unaware of. The coach or supervisor should seek training to properly administer an EpiPen if needed. Parents may be asked to provide an additional EpiPen for these activities.
Before and After School Child Care
These programs (including SAFE) are not under the auspices of the BHBL CSD. Parents are encouraged to speak with program officials directly.
Outside Organizations that use District Facilities
All organizations requesting use of space will be provided a copy of our Allergy AR.
Renumbered from AR5410.1 to AR5420.1 – December 2015 | Renumbered from AR5420.1 to AR5421 & Revised – August 2017
The abuse of alcohol and other substances is a health problem in the communities of New York State. Therefore, the Board of Education requires that the District provide age- appropriate developmentally based drug and alcohol education and prevention programs for students in all grade levels.
The District will cooperate with parents, interested community organizations, and local and state alcohol and substance abuse prevention agencies and law enforcement agencies in efforts to educate students about the effects of the use and abuse of alcohol, tobacco, and other drugs on their health, and on the legal implications of drug abuse.
The emphasis of the District’s program should be on abuse prevention through education. Those elements of the District’s Philosophy and Goals Statement which discuss the building of a positive self image and a sense of personal worth will be given particular attention in a continuing District effort to provide up-to-date curricula for alcohol and substance use and abuse. The District will comply with all mandates of the Education Law regarding instruction in health education and drug education.
Alcohol, tobacco, or intoxicant drugs may not be used on school property or at school-sponsored events except prescription drugs which may be authorized by a physician. Smoking is not permitted in any location on grounds or in buildings in the Burnt Hills-Ballston Lake School District. Enforcement of this prohibition of alcohol, tobacco, and non-prescription drug use is primarily the responsibility of the building principal, but all staff members are expected to cooperate in enforcement. Possession or use of alcohol, marijuana, or illegal intoxicant drugs such as cocaine, LSD, amphetamines, heroin, etc., in school or at school affairs may be punished by severe legal penalties. Building principals will exercise judgment regarding school punishment for students and whether or not circumstances require the involvement of law enforcement agencies. Repeaters, in any circumstance, risk permanent expulsion from school and referral to police authorities. Employees using or possessing alcohol or illegal drugs in school buildings will be referred to the Superintendent of Schools for appropriate action. Sanctions, up to and including expulsion or termination of employment and referral for prosecution, will be imposed on students and employees who use or possess alcohol or illegal drugs in school buildings, or on the grounds, or at school-related activities. All due process procedures established by law must be carefully followed with all persons suspected of alcohol or drug use or possession. Referral to appropriate agencies, with consent, for counseling and treatment is encouraged.
Revised May 2012 | Renumbered from P6435 – September 2015
The Board of Education recognizes that because of their sustained contact with school aged children, employees are in an excellent position to identify abused, maltreated or neglected children and refer them for treatment and protection. The Board further recognizes the specific dictates of law which require school officials to report suspected instances of child abuse, maltreatment (which includes neglect) in a domestic setting.
The purpose of mandatory reporting is to identify suspected abused and maltreated children as soon as possible, so that such children determined to be abused or maltreated can be protected from further harm and, where appropriate, can be offered services to assist them and their families.
School officials, who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment, must immediately report this to the New York State Central Register for Child Abuse and Maltreatment (Central Register), as required by law. No conditions may be imposed which limit their responsibility to report. A school official is defined as:
- Guidance Counselor
- Social Worker
- Full- or part-time paid athletic coach
- Any school personnel required to hold a teaching or administrative license or certificate.
The school official will also report the matter to the Building Principal.
The report must be made by telephone or by telephone facsimile machine on a form supplied by the Commissioner of Social Services. A written report must be made within forty-eight hours to the appropriate local child protective service, and to the statewide Central Register.
School employees who are not school officials, as defined above, but who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment are encouraged to report to the Central Register. However, the school employee must report the matter to the Building Principal. If the matter has not yet been reported to the Central Register, the Building Principal must make the report, in accordance with state law. In being required to file such a report, the Building Principal does not have discretion.
School employees or officials may not contact the child’s family or any other person to determine the cause of the suspected abuse or maltreatment. It is not the responsibility of the school official or employee to prove that the child has been abused or maltreated.
Any school official or employee who has cause to suspect that the death of any child is a result of child abuse or maltreatment must report that fact to the appropriate medical examiner or coroner.
In accordance with the law, any school official who fails to report an instance of suspected child abuse or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the damages caused by the failure to report. The law grants immunity to persons who, in good faith, report instances of child abuse from any liability.
School employees will not be subject to retaliatory action, as defined in state law, as a result of making a report when they reasonably suspect that a child has been abused or maltreated.
The Board recognizes that knowingly reporting a false claim of child abuse is a violation of state law and this policy acknowledges that it is a crime to do so. The district will make every reasonable effort to ensure the integrity of the district’s child abuse reporting process and procedure.
School District Relationship with Local Social Service District
The school district will cooperate to the extent possible with authorized child protective services workers in investigations of alleged child abuse. The Superintendent, or designee, will represent the district when collaborating with local social service agencies to address instances of abuse or maltreatment, and in the development of policy and procedures regarding abuse or maltreatment (including educational neglect). In addition, the Superintendent will share a copy of the district’s attendance policy, 5100, with the local social service district.
Child Protective Services Investigations
Consistent with the district’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the district will provide data and assistance to local child protective services workers, or members of a multi-disciplinary team accompanying such workers, who are responding to allegations of suspected child abuse, and/or neglect, or custody investigations. Such data and assistance include access to records relevant to the investigation, as well as interviews with any child named as a victim in a report, or a sibling of that child, or a child residing in the same home as the victim.
All requests by child protective services to interview a student on school property must be made directly to Principal or designee. Child protective service workers and any associated multi-disciplinary team members must comply with the district’s procedures for visitors, provide identification, and identify the child(ren) to be interviewed.
Note: The state regulations make it clear that school districts are limited in the restrictions and conditions that may be placed upon child protective services interviews. Observation of interviews is addressed in the state regulations.
The Principal or designee will decide if it is necessary and appropriate for a school staff member, including but not limited to an administrator or school nurse, to observe the interview either from inside or outside the interview room.
A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if they were not removed from school before a court order can reasonably be obtained. If the worker
believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s consent.
Training Program and Dissemination of Information
The school district will maintain an ongoing training program for all current and new school officials which will address the identification (i.e., signs and indicators) and reporting of child abuse, maltreatment, and neglect, including the legal implications of reporting and not reporting. Attendance at sessions of this training program is required of all school officials. Attendance records will be kept, and notations will be made in personnel files as to the dates of attendance.
The Superintendent will develop, with input from appropriate personnel, a plan
for implementation of such a training program, to be approved by the Board. In addition, the policy and regulations will be included in all employee handbooks and distributed annually to all school officials who are not covered under existing handbooks. The Superintendent will prepare and implement all regulations as are necessary to accomplish the intent of this policy.
As required by state law and regulation, the district will publicize the toll-free number for reporting child abuse and neglect to the Central Register (800 342-3720), and directions for accessing the NYS Office of Children and Family Services website (http://ocfs.ny.gov/main/cps/), in both English and Spanish.
Cross-ref: 5100, Student Attendance
Ref: Child Protective Services Act of 1973, Social Services Law §§411 et seq. Social Services Law §34-a | Family Court Act §1012 | Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, 45 CFR §99.36Education Law | §§409-l; 3209-a, 3036 | Penal Law 240.50 | 18 NYCRR §432.3 | 8 NYCRR §100.2(nn)
Revised January 2022 | Revised April 2011 | Renumbered from P5430 – September 2015
In the case of missing children the schools of the district shall make every effort to identify possible missing children and to notify the proper agencies and authorities. A missing child is defined as a person under age 18 missing from his/her normal residence and whose whereabouts cannot be determined by a person responsible for the child’s care and any child known to have been taken, enticed or concealed from the custody of his/her lawful guardian by a person who has no legal right to do so.
In accordance with law, a Building Principal or other designated employee who has reasonable cause to believe that a student may be a possible missing child shall immediately report and make inquiry of the Statewide Central Register for Missing Children. This would include reporting any child for whom proof of age was unavailable upon admission to school. If it is indicated that such child may be a possible missing child, the Principal shall immediately notify local law enforcement.
The Superintendent of Schools shall cooperate with the New York State Division of Criminal Justice Service to determine whether any child who has been identified as missing is currently or has previously been enrolled in one or more of the district’s schools. If so, the student’s records shall be prominently flagged and identified so that personnel can readily ascertain that it is the record of a missing child. District personnel shall promptly report to the State Division of Criminal Justice Services and local law enforcement any request concerning such flagged records.
Reviewed January 2011 | Renumbered from P5470 – September 2015
The Board of Education recognizes its legal responsibility to maintain the confidentiality of student. records. As part of this responsibility, the Board will ensure that eligible students and parents/guardians have the right to inspect and review education records, the right to seek to amend education records and the right to have some control over the disclosure of information from the education record. The procedures for ensuring these rights will be consistent with state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations. The Board also
recognizes its responsibility to ensure the orderly retention and disposition of the district’s student records in accordance with Board policy P1120. The District will use reasonable methods to provide access to student educational records only to those authorized under the law and to authenticate the identity of the requestor. The district will document requests for and release of records, and retain the documentation in accordance with law. Furthermore, pursuant to Chapter 56 of the Laws of 2014, the district will execute agreements with third-party contractors who collect, process, store, organize, manage or analyze student personally identifiable information (PII) to ensure that the contractors comply with the law in using appropriate means to safeguard the data. The Superintendent of Schools is responsible for ensuring that all requirements under law and the Commissioner’s regulations are carried out by the district.
Authorized Representative: an authorized representative is any individual or entity designated by a State or local educational authority or a Federal agency headed by the Secretary, the Comptroller General or the Attorney General to carry out audits, evaluations, or enforcement or compliance activities relating to educational programs.
Education Record: means those records, in any format, directly related to the student and maintained by the district or by a party acting on behalf of the district, except:
- records in the sole possession of the individual who made it and not accessible or revealed to any other person except a substitute (e.g. memory joggers);
- records of the district’s law enforcement unit
- grades on peer-graded papers before they are collected and recorded by a teacher.
Eligible student: a student who has reached the age of 18 or is attending postsecondary school.
Legitimate educational interest: a school official has a legitimate educational interest if they need to review a student’s record in order to fulfill his or her professional responsibilities.
Personally identifiable information (PII): as it pertains to students, is information that would allow a reasonable person in the school or its community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. Such data might include social security number, student identification number, parents’ name and/or address, a biometric record, etc. This term is fully defined in federal regulations at 34 CFR 99.3.
School official: a person who has a legitimate educational interest in a student record who is employed by the district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a member of the Board of Education; a person or company with whom the district has contracted to perform a special task (such as attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as disciplinary or grievance committee, or assisting another school official performing his or her tasks.
Volunteers: Volunteers may be considered school officials for purposes of access to personally identifiable information if they are under the direct control of the district, are trained in the requirements of law under this policy, have a legitimate educational interest, and the district uses reasonable methods to limit access to only the information that is necessary to fulfill their volunteer duties. Volunteers may only access the information necessary for the assignment, and must not disclose student information to anyone other than a school official with a legitimate educational interest. The District will provide adequate training on confidentiality of student records.
Third party contractor: is any person or entity, other than an educational agency (which includes schools, school districts, BOCES, or the State Education Department), that receives student or teacher/principal PII from an educational agency pursuant to a contract or other written agreement for purposes of providing services to such educational agency, including but not limited to data management or storage services, conducting studies for or on behalf of such educational agency, or audit or evaluation of publicly funded programs. This includes educational partnership organizations that receive student or teacher/principal PII from a school district to carry out responsibilities under Education Law §211-e (for persistently lowest-achieving schools or schools under registration review) and is not an educational agency. This also includes not-for-profit corporations or other nonprofit organizations, other than an educational agency.
At the beginning of each school year, the district will publish a notification that informs parents, guardians and students currently in attendance of their rights under FERPA and New York State Law and the procedures for exercising those rights. A ‘Parents’ Bill of Rights for Data Privacy and Security’ will be posted on the district website and included in any agreements with third-party contractors (see 8635-E). The notice and ‘Bill of Rights’ may be published in a newspaper, handbook, district calendar, or other school bulletin or publication. The notice and ‘Bill of Rights’ will also be provided to parents, guardians, and students who enroll during the school year. The notice and Parents’ Bill of Rights will include a statement that the parent/guardian or eligible student has a right to:
- inspect and review the student’s education records;
- request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
- consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and
- file a complaint with the United States Department of Education alleging failure of the district to comply with FERPA and its regulations; and/or file a complaint regarding a possible data breach by a third party contractor with the district and/or the New York State Education Department’s Chief Privacy Officer for failure to comply with state law.
The annual notice will inform parents/guardians and students:
- that it is the district’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the district whom the district has determined to have legitimate educational interests. The notice will define ‘school official’ and ‘legitimate educational interest.’
- that, upon request, the district will disclose education records without consent to officials of another school district in which a student seeks to or intends to enroll or is actually enrolled.
- that personally identifiable information will be released to third party authorized representatives for the purposes of educational program audit, evaluation, enforcement or compliance purposes.
- that the district, at its discretion, releases directory information (see definition below) without prior consent, unless the parent/guardian or eligible student has exercised their right to prohibit release of the information without prior written consent. The district will not sell directory information.
- that, upon request, the district will disclose a high school student’s name, address and telephone number to military recruiters and institutions of higher learning unless the parent or secondary school student exercises their right to prohibit release of the information without prior written consent.
- of the procedure for exercising the right to inspect, review and request amendment of student records.
- that the district will provide information as a supplement to the ‘Parents Bill of Rights’ about third parties with which the district contracts that use or have access to personally identifiable student data.
The district may also release student education records, or the personally identifiable information contained within, without consent, where permitted under federal law and regulation. For a complete list of exceptions to FERPA’s prior consent requirements see accompanying regulation AR-5500.
The district shall effectively notify parents, guardians and students who have a primary or home language other than English.
In the absence of the parent or secondary school student exercising their right to opt out of the release of information to the military, the district is required to, under federal law, release the information indicated in number five (5) above.
The district has the option under FERPA of designating certain categories of student information as “directory information.” The Board directs that “directory information” include a student’s:
- ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems (only if the ID cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the student’s identity)
- Date and place of birth
- Major course of study
- Participation in school activities or sports
- Weight and height if a member of an athletic team
- Date of attendance
- Degrees and awards received
- Most recent school attended
- Grade Level
- Email address
- Enrollment status
Social security numbers or other personally identifiable information will not be considered directory information.
Once the proper FERPA notification is given by the district, a parent/guardian or student will have 14 days to notify the district of any objections they have to any of the “directory information” designations. If no objection is received, the district may release this information without prior approval of the parent/guardian or student for the release. Once the student or parent/guardian provides the “opt-out,” it will remain in effect after the student is no longer enrolled in the school district.
The district may elect to provide a single notice regarding both directory information and information disclosed to military recruiters and institutions of higher education.
Cross-ref: 1120, School District Records | 4321, Programs for Students with Disabilities Under IDEA and Part 89 | 5550, Student Privacy | 4532, School Volunteers | 5550, Student Privacy | 5151, Homeless Children | 8635, Information and Data Security, Breach and Notification
Ref: Family Educational Rights and Privacy Act, as amended, 20 USC 1232g; 34 CFR Part 99 No Child Left Behind Act, 20 USC §7908 (Military Recruiter Access) 10 USC §503 as amended by §544 of the National Defense Reauthorization Act for FY 2002 Education Law § 225 Public Officers Law §87(2)(a) Arts and Cultural Affairs Law, Article 57-A (Local Government Records Law) 8 NYCRR 185.12 (Appendix I) Records Retention and Disposition, Schedule ED-1 for Use by School Districts and BOCES “Guidance for Reasonable Methods and Written Agreements,” http://www2.ed.gov/policy/gen/guid/fpco/pdf/reasonablemtd_agreement.pdf Family Policy Compliance Office website: http://www2.ed.gov/policy/gen/guid/fpco/index.html
Adopted June 2020
It is recognized that the confidentiality of student records must be maintained. The terms used in this regulation are defined in the accompanying policy. The following necessary procedures have been adopted to protect the confidentiality of student records.
Section 1. Pursuant to the Family Educational Rights and Privacy Act (FERPA) and state law it is the policy of this school district to permit parents/guardians and eligible students to inspect and review any and all official records, files and data directly related to that student, including all materials that are incorporated into each student’s cumulative record folder.
The rights created by FERPA and state law transfer from the parents/guardians to the student once the student attains eligible student status. However, districts can disclose information to parents of eligible students under certain circumstances, including when the student is a dependent under the IRS tax code, when the student has violated a law or the school’s rules regarding alcohol or substance abuse (and the student is under 21); when the information is needed to protect the health or safety of the student or other individuals.
Section 2. Parents/guardians or the eligible student will have an opportunity for a hearing to challenge the content of the student’s school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.
Section 3. A letter will be sent annually to parents/guardians of students currently in attendance and students currently in attendance informing them of their rights pursuant to FERPA and state law, and will include a Parents’ Bill of Rights. (See Exhibit E8635) The district will effectively notify parents, guardians and students who have a primary or home language other than English.
Section 4. To implement the rights provided for in sections 1 and 2, the following procedures are adopted:
- A parent/guardian or an eligible student who wishes to inspect and review student records must make a request for access to the student’s school records, in writing, to the Building Principal. Upon receipt of such request, once the district verifies the identity of the parent/guardian or eligible student, arrangements will be made to provide access to such records within 45 days after the request has been received. If the record to which access is sought contains information on more than one student, the parent/guardian or eligible student will be allowed to inspect and review only the specific information about the student on whose behalf access is sought.
- Before providing access to student records, the district will verify the identity of the parent/guardian or eligible student.
- The district may provide the requested records to the parent/guardian or eligible student electronically, as long as the parent/guardian or eligible student consents. The district will transmit PII electronically in a way that maintains its confidentiality, using safeguards such as encryption and password protection.
- A parent/guardian or an eligible student who wishes to challenge the contents of the student’s school records must submit a request, in writing, to the Building Principal identifying the record or records which they believe to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student together with a statement of the reasons for their challenge to the record.
- Upon receipt of a written challenge, the Building Principal will provide a written response indicating either that they:
- finds the challenged record inaccurate, misleading or otherwise in violation of the student’s rights and that the record will be corrected or deleted; or
- finds no basis for correcting or deleting the record in question, but that the parent/guardian or eligible student will be given an opportunity for a hearing. The written response by the Building Principal will be provided to the parent/guardian or eligible student within 14 days after receipt of the written challenge. The response will also outline the procedures to be followed with respect to a hearing regarding the request for amendment.
- Within 14 days of receipt of the response from the Building Principal, a parent/guardian or eligible student may request, in writing, that a hearing be held to review the determination of the Building Principal.
- The hearing will be held within 10 days after the request for the hearing has been received. The hearing will be held by the Superintendent of Schools, unless the Superintendent has a direct interest in the outcome of the hearing, in which case the Superintendent will designate another individual who does not have a direct interest in the outcome of the hearing to hold the hearing.
- The parent/guardian or eligible student will be given a full and fair opportunity to present evidence at the hearing. The parent/guardian or eligible student may, at their own expense, be assisted or represented by one or more individuals of their own choice, including an attorney.
- The Superintendent or other individual designated by the Superintendent will make a decision in writing within 14 days after the hearing.
- After the hearing, if the Superintendent or the individual designated by the Superintendent decides not to amend the record, the district will inform the parent/guardian or eligible student that they have the right to place a statement in the record commenting on the contested information or stating why they disagree with the decision of the district. Any statement placed in the record will be maintained with the contested part of the student record for as long as the record is maintained. Further, the statement will be disclosed by the district whenever it discloses the portion of the record to which the statement relates.
Section 5. Except to the extent that FERPA authorizes disclosure of student records without consent, student records, and any material contained therein which is personally identifiable, are confidential and will not be released or made available to persons other than parents/guardians or eligible students without the prior written consent of the parents/guardians or eligible student.
Exceptions to FERPA’s prior consent requirement include, but are not limited to disclosure:
- To other school officials within the district who have been determined to have legitimate educational interests.
- To officials of another school, school system or post secondary institution where the student seeks or intends to enroll.
- To authorized representatives of the Comptroller General of the United States, the U.S. Secretary of Education, the U.S. Attorney General, or state and local education authorities in connection with an audit or evaluation of a federal- or state-supported education program or in compliance with legal requirements related to those programs.
- In connection with the student’s application for or receipt of financial aid.
- To state and local officials or authorities in compliance with state law that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are being released.
- To organizations conducting studies for, or on behalf of, education agencies or institutions, in order to develop tests, administer student aid, or improve instruction.
- To accrediting organizations to carry out their accrediting functions.
- To parents of a dependent student, as defined by the Internal Revenue Code.
- To comply with a judicial order or lawfully issued subpoena, including ex parte court orders under the USA Patriot Act. Prior to complying with a judicial order or subpoena, the district will make a reasonable effort to notify the parent/guardian or eligible student, unless the district has been ordered not to disclose the existence or content of the order or subpoena, or unless the parent is the subject of a court proceeding involving child dependency or child abuse and neglect matters, and the order is issued in context of that proceeding.
- In connection with a health or safety emergency, the district will disclose information when, taking into account the totality of circumstances, a determination is made that there is an articulable and significant threat to the health or safety of the student or other individuals.
- To teachers and school officials in other schools who have legitimate educational interests in the behavior or the student when the information concerns disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.
- To provide information that the district has designated as “directory information.”
- To provide information from the school’s law enforcement unit records.
- To a court, when the district is involved in legal action against a parent or student, those records are necessary to proceed with the legal action.
- To the U.S. Secretary of Agriculture, its authorized representatives from the Food and Nutrition Service, or contractors acting on its behalf, to monitor, evaluate and measure performance of federally-subsidized school food programs, subject to certain privacy protections.
- To any caseworker or representative of a state or local child welfare agency or tribal organization who has the right to access a student’s case plan, where the agency or organization is legally responsible for the care and protection of that student, not to be disclosed except as permitted by law.
The district will use reasonable methods to provide access to student educational records to only those authorized under the law and to authenticate the identity of the requestor. The district will use an array of methods to protect records, including physical controls (such as locked cabinets), technological controls (such as role-based access controls for electronic records, password protection, firewalls, encryption), and administrative procedures. The district will document requests for and release of records, and retain the documentation in accordance with law.
If the district enters into a contract with a third party that calls for receipt of student PII by the contractor, the agreement will include a data security and privacy plan that includes a signed copy of the Parents’ Bill of Rights and addresses the following, among other contractual elements:
- training of vendor employees regarding confidentiality requirements;
- limiting access to PII to those individuals who have a legitimate educational interest or need access to provide the contracted services;
- prohibiting the use of PII for any other purpose than those authorized under the contract;
- prohibiting the disclosure of PII without the prior written consent of the parent/guardian or eligible student, unless it is to a subcontractor in carrying out the contract, or unless required by statute or court order, in which case they must provide notification to the district (unless notice is prohibited by the statute or court order);
- maintaining reasonable administrative, technical and physical safeguards to protect PII;
- using encryption technology to protect PII while in motion or in its custody to prevent unauthorized disclosure;
- breach and notification procedures.
The district will, via written agreements, designate authorized representatives who have access to educational records. The written agreement will specify how the work falls within the exception, what personally identifiable information is to be disclosed, how the educational record will be used, and that the records will be destroyed by the authorized representative once they are no longer needed for that purpose or the agreement expires.
Section 6. Whenever a student record or any material contained therein is to be made available to third persons, other than those covered by the exceptions authorized by FERPA, the parent/guardian or eligible student must file a written consent to such action. The written consent must specify the records to be released, the reasons for such release, and to whom. If the parent or eligible student so requests, the district will provide them with a copy of the records disclosed. In addition, if the parent of a student who is not an eligible student so requests, the district will provide the student with a copy of the records disclosed.
Section 7. Unless specifically exempted by FERPA, all persons requesting access to such records will be required to sign a written form which indicates the legitimate educational interest that such person has in inspecting the records. Such form will be kept with the student’s file and will be maintained with the student’s file as long as the file is maintained. Additional Rights Under New York State Law Related to the Protection of Student Data and Third Party Contractors New York State Law offers parents additional rights beyond FERPA in regard to third party contractors and student PII. The district will post on its website and distribute a ‘Parents’ Bill of Rights for Data Privacy and Security.’ The ‘Parents’ Bill of Rights’ will establish the following:
- Educational purpose: The use of student personally identifiable information (PII) is for educational or related purposes only.
- Transparency: Disclosure of third party contracts and their privacy provisions.
- Authorization: Assurance that proper authorization will be secured prior to the release of PII.
- Security: A description of the measures in place to protect PII, without compromising the security plan.
- Data Breach Notification: An explanation of the procedures in the event of a data breach.
- Complaint Procedure: The district offers a complaint procedure in the event that a parent suspects a breach of student data by a third party contractor and provides information about lodging a complaint with the New York State Education Department’s Chief Privacy Officer.
See policy P8635 (and regulation AR8635), Information and Data Privacy, Security, Breach and Notification for more information on data security and breaches of PII, and E8635for the Parent’s Bill of Rights for Data Privacy and Security.
Retention and Disposition of Student Records
The Board has adopted the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for district records. The Board directs all district officials to adhere to the schedule and all other relevant laws in retaining and disposing of student records. In accordance with Article 57-A, the district will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.
Adopted January 2016 | Revised July 2020
1. Parent/guardians have the right to submit a written statement to opt their child out of participation in the following activities:
- The collection, disclosure and use of personal information gathered from students for the purpose of marketing or selling that information, or providing it to others for that purpose. Upon request, parents/guardians have the right to inspect any such instrument before it is administered or distributed to their child. This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to students or educational institutions, such as:
- College or other postsecondary education recruitment, or military recruitment;
- Book clubs, magazines and programs providing access to low-cost literary products;
- Curriculum and instructional materials used in schools;
- Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for students or to generate other statistically useful data for the purpose of securing such tests and assessments, and the subsequent analysis and public release of the aggregate data from such tests and assessments;
- Student recognition programs; and
- The sale by students of products or services to raise funds for school-related activities.
In the event of such collection, disclosure or use of personal information gathered from students, student privacy shall be protected by the school district pursuant to the requirements of the Family Educational Rights and Privacy Act (FERPA).
- The administration of any survey revealing information concerning one or more of the following:
- political affiliations or beliefs of the student or the student’s parent;
- mental or psychological problems of the student or the student’s family;
- sex behavior or attitudes;
- illegal, anti-social, self-incriminating or demeaning behavior;
- critical appraisals of other individuals with whom respondents have close family relationships;
- legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
- religious practices, affiliations or beliefs of the student or the student’s parent; or
- income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
- The administration of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school not necessary to protect the immediate health or safety of the student or other students and not otherwise permitted or required by state law.
2. As a general policy, the District will not release or disclose personally identifiable information related to student discipline.
The district will comply with the requirements set forth in New York State Education Law Regulation 100.2(gg), entitled Uniform Violent and Disruptive Incident Reporting System (VADIR). Typically this data is reported in aggregate form. Pursuant to subdivision 6 of section 2802 of the Education Law, any personally identifiable information included in a VADIR shall be confidential, and shall not be disclosed to any person for use by any person for purposes other than the purposes of section 2802 of the Education Law, except as otherwise authorized by law.
The district will comply with any court mandated subpoenas related to student discipline records.
Parents/guardians and eligible students shall be notified at least annually, at the beginning of the school year, and when enrolling students for the first time in district schools of this policy. The school district shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.
Revised April 2011 | Renumbered from P5620 – September 2015 | Revised November 2017
To monitor issues related to the protection of student educational data.
The Student Data Privacy Officer will likely, but not necessarily, be the Chief Information Officer (CIO) for the district. The Student Data Privacy Officer is a title that is added to the existing responsibilities of an existing employee. As such, the Student Data Privacy Officer’s direct supervisor is determined by his or her primary role within the district. However, all duties and responsibilities specifically related to the role of Student Data Privacy Officer will be overseen directly by the Superintendent of Schools.
- Monitor data that the School District is required to submit to New York State Education Department (NYSED) or to any NYSED sanctioned outside entity.
- Make a report in public session once a year that informs the public of the data that the School District is required to submit to New York State Education Department (NYSED) or to any NYSED sanctioned outside entity.
- Notify the Superintendent of Schools and the Board of Education whenever the NYSED or any other outside agency sanctioned by NYSED requests additional data/data fields from the School District.
- Ensure that the district is complying with all Federal and State requirements for data privacy and parental notification/opt-out procedures.
- Train all staff annually on issues related to data privacy and security.
September 2014 Renumbered from AR2425.16 – March 2016 | Revised January 2018
The Board of Education believes that getting young people involved in the election process helps to secure the future of democracy by preparing young people to be educated, engaged voters who have formed the habit of voting and contributing to civic life early.
In an effort to promote student voter registration, the Board directs the superintendent to offer all students who are at least 16 years old the opportunity to register. These students must be otherwise qualified to register to vote. These pre-registrations will be automatically registered upon reaching the age of eligibility following verification of the person’s qualifications and address. The district will do so by regularly offering registration materials through social studies classes. Students who do not wish to pre-register to vote do not have to do so. There will be no penalty (including participation grades or credits) for choosing not to do so.
Ref: Election Law 5-507
Adopted September 2019
The Board of Education recognizes the opportunity to receive an education as a prerequisite to leading a full and productive life. Therefore, pregnant students will be encouraged to continue participation in the public school program.
As soon as pregnancy is medically confirmed, the Board recommends that the student and her parent(s) or guardian(s) consult with the Building Principal and/or other appropriate staff to plan an appropriate education program.
Every effort will be made to see that the educational program of the student is disrupted as little as possible; that available student health and counseling services, as well as instruction, are provided; that the student is encouraged to return to school after delivery; and that every opportunity is given to complete high school.
A minor under 16 must continue her education. The student will be provided with a home instruction program if her physician certifies that there is a medical condition incidental to or other than pregnancy that warrants home instruction. The student is expected to attend school when the medical condition associated with pregnancy and delivery is no longer present.
Reviewed January 2011 | Renumbered from P5450 – September 2015
Awards for achievement in any activity should be in keeping with the activity and not be excessive.
Building principals, with the approval of the Superintendent of Schools, may establish suitable awards for the activities in their building.
Awards for athletics will be established by the District Director of Athletics with the approval of the Superintendent of Schools.
BOARD RECOGNITION OF STUDENT ACCOMPLISHMENTS
The Board of Education understands the importance of recognizing the accomplishments of students and their leaders, coaches, mentors and directors.
The Board will recognize the accomplishments of first place status at the State level or higher by approving a resolution citing their accomplishments and presenting a copy of the resolution to each contributing student and adult.
Students and adults who are involved in the accomplishment of first place at the section, state district or state regional level will receive a letter of recognition from the Board.
Recognition of all of the above will be provided on the district website.
Reviewed January 2011 | Renumbered from P5560 – September 2015 | Reviewed March 2008 | Renumbered from P9001 – September 2015