8111 Reporting of Hazards
8120.2 Safe Use of Hazardous Materials
8121 First Aid
8122 Accident Reports
8123 Hygiene Precautions and Procedures
8130 Emergency Plans
8134 School Closings
8140 Unsafe School Transfer Choice
8330 Authorized Use of District Owned Materials and Equipment | AR8330.1 District Owned Materials & Equipment | AR88330.2 District Owned (Non-Technology) Equipment | AR8330.3 Staff Use of District Technology
8332 Use of District Owned Cell Phones / AR8332 Use of District Owned Cell Phones
8334 Use of Credit Cards | AR8334 Use of Credit Cards
8400 Transportation | AR8400.1 Transportation of Musical Instruments on School Bus Vehicles | AR8400.2 Transportation Facility Use
8411 Bus Routes and Scheduling
8412 Exceptions to Regular Student Transportation
8414.3 Student Conduct on School Buses
8414.5 Alcohol and Drug testing for Safety Sensitive Positions
8414.7 Use of Seat Belts on School Bus Vehicles
8417 Transportation of Pupils in Private Vehicles | Request for Authorization to Transport Pupils in Private Vehicles
8611 School Printing
8630 Computer Resources and Data Management
8635 Information and Data Privacy, Security, Breach and Notification | E8635: Parents’ Bill of Rights for Student Data Privacy & Security | AR 8635 Information and Data Privacy, Security, Breach and Notification Regulation
8650 Publication of Articles
The Board of Education recognizes that support services are an integral part of a comprehensive educational program. To achieve the highest quality of support services on all levels, a critical appraisal of the programs as they operate in each school and at each level is essential. Support services include safety and maintenance programs, transportation, food services, insurance management, business and office services and buildings and grounds inspections.
The purposes of the evaluation procedures are to:
- indicate the quality of support services;
- show the extent to which they preserve an orderly and healthy environment in each school;
- provide information regarding effective protection and maintenance of District property and material resources as well as individual safety.
The Superintendent, working with the Assistant Superintendent for Support Services, shall develop and implement procedures for evaluation of support services. The Board of Education should be informed on an annual basis of the status of support services in the District. Also, the Board of Education is responsible for developing and implementing any plan for improvement as deemed necessary by the annual review.
Approved March 2001 | Renumbered from P0560 – September 2015
The Board of Education of the Burnt Hills-Ballston Lake Central School District requires all staff to wear an identification badge issued by the district whenever working.
Identification badges will be issued by the Human Resources Department based on the following guidelines:
- All staff with a permanent appointment, regardless of whether full or part time, will be issued a picture ID badge by the Human Resource Department upon appointment to his/her position.
- Substitutes, temporary or contract staff will be required to sign in each time they enter a district building. The office staff will assign a non-picture ID badge to each staff member in this category. It will be the responsibility of the staff member to return the badge upon leaving the building each day. Building substitutes, who are assigned to one building for the entire school year are an exception to this section of the policy, and will be issued a picture ID.
- Each staff member will receive one ID badge. In the case of loss, the employee will be charged a fee of $5.00 per replacement badge.
All visitors are be required to sign in and wear a non-picture ID badge while in district buildings.
Approved March 2004 | Renumbered from P4470 – September 2015
The Assistant Superintendent for Support Services will be responsible for a districtwide safety program. The Assistant Superintendent will develop procedures for the regular inspection and maintenance of district buildings, grounds, and equipment. He/she will arrange for the elimination of known hazards if such can be done through regular maintenance procedures or without extraordinary cost or disruption.
Reviewed January 2008 | Renumbered from P7100 – September 2015
The Board of Education recognizes its responsibility to provide an environment which is reasonably secure from known hazards. The Board therefore directs the Superintendent of Schools and all professional and support staff members to comply with occupational safety and health regulations, including the Hazard Communication Standard and “Right-to-Know” legislation.
The Assistant Superintendent for Support Services will develop and oversee a written hazard communication program. Such program will include the following:
- the acquisition, maintenance and review of Material Safety Data Sheets (MSDS’s) for all known hazardous materials on district property;
- the compilation of a hazardous materials inventory;
- employee training in hazardous materials management and protection; and
- the recording of all incidents involving exposure to known hazardous materials.
It is the responsibility of the entire school community to be aware of potential hazards and to report concerns to appropriate building or district administrators.
Revised January 2008 | Renumbered from P7120 – September 2015
It is the policy of the Board of Education to ensure that the district’s educational chemistry laboratory activities protect and promote the health and safety of students, employees and the environment.
All participants in any hazardous laboratory activity must wear an eye safety device, and all schools must provide safe storage and protection of all chemicals and prepare annual inventory reports.
The district shall implement a Chemical Hygiene Plan (CHP) to limit exposures to hazardous chemical which meets the following standards required by the Occupational Safety and Health Administration (OSHA):
- the plan is readily available for inspection;
- it includes standard operating procedures for health and safety to be followed when laboratory work involves the use of hazardous chemicals;
- it includes criteria used to implement chemical exposure control measures;
- it includes requirements for properly functioning protective equipment;
- it provides for employee training and information;
- it includes procedures for obtaining district approval for specific procedures and activities;
- it includes provisions for medical consultation and examinations as appropriate;
- it designates personnel responsible for implementing the plan;
- it provides for additional employee protection for work with potentially hazardous substances;
- it provides for a waste disposal program; and
- it shall include provisions for district review and update of the CHP on an annual basis.
Reviewed January 2008 | Renumbered from P7130 – September 2015
School health personnel are responsible for giving first aid or emergency treatment in case of sudden illness or injury to a pupil or staff member. In case of a student’s illness or injury, the school shall attempt to place the student in the care of a parent, guardian, or person designated by the parent or guardian in such cases, as soon as possible, yet the school must retain jurisdiction over and responsibility for the student until this has been done.
The following requirements shall apply in first aid situations:
- no treatment except first aid is permitted in school;
- a master first aid kit shall be kept and properly maintained in each school and each school bus;
- no drugs shall be administered by school personnel unless authorized by a physician;
- parents shall be asked to sign and submit an emergency medical authorization which shall indicate the procedure they wish the school to follow in the event of a medical emergency involving their child;
- in all cases where the nature of an illness or an injury appears serious, the parent or guardian will be contacted if possible, and the instructions on the child’s emergency card followed. In extreme emergencies, arrangements may be made for the child’s immediate hospitalization whether or not the parent or guardian can be reached; and
- no child who is ill or injured shall be sent home alone.
Reviewed January 2008 | Renumbered from P7140 – September 2015
The Board of Education believes that preventive health practices shall be established in schools in order to ensure the health and safety of all students and staff. The Board therefore adopts the following policy on hygiene and sanitary procedures for dealing with exposure to and contact with blood and other body fluids.
To prevent and/or minimize the transmission of contagious or communicable diseases or infections within the school community, the school district shall establish training sessions to teach employees precautionary methods for avoiding infection and transmission of infectious diseases in schools. In addition, all employees of the district shall utilize appropriate precautions when providing first aid or otherwise dealing with situations that involve exposure to blood and other body fluids. Such precautionary measures will be applicable in all buildings and facilities throughout the school district.
The Superintendent of Schools is responsible for implementing this policy and ensuring compliance with them.
Reviewed January 2008 | Renumbered from P7160 – September 2015
The Board of Education recognizes the necessity for preparing an emergency management plan and practicing it in order to ensure that the safety and health of students and staff, as well as district property, are safeguarded in the event of a true emergency. Pursuant to this concern and the regulations of the Commissioner of Education, the Superintendent is directed to develop such a plan for each school and for the district and to ensure that sufficient training in carrying it out takes place.
Such plan shall provide for sheltering, evacuation, early dismissal, written notification to students and staff, and annual drill and coordination with local and county emergency preparedness administrators.
The Superintendent is to ensure that copies of the plan are available for public inspection and that there are copies in appropriate places throughout the District. The Superintendent is to notify the District (BOCES) Superintendent whenever the Plan is activated and results in the closing of a school building in the District.
The Board of Education recognizes the district’s responsibility for promoting the safety of all students in school buildings or on school grounds, and/or participating in school activities.
The safety of all students shall be the responsibility of all staff members. In case of accident or injury, students shall receive first aid from the nurse, teacher, or other trained employee nearest the scene. The nurse or teacher shall notify the parent(s) as soon as possible or, if neither parent is available, the family or school physician shall be notified.
The safety of students will be promoted through close supervision of students on school premises, on school buses, and/or participating in school activities. Special attention will be given to the following:
- maintaining a safe school environment through periodic inspection of the physical condition of all buildings and grounds by the District’s maintenance staff;
- observation of safe practices on the part of school personnel and students, particularly in those areas of instruction or extracurricular activities which offer special hazards. Section 409-a of the Education Law and the relevant sections of the Commissioner’s Regulations regarding the wearing of eye safety devices in shops and laboratories, etc. will be strictly observed;
- offering safety education to students, as appropriate, in subjects such as laboratory courses in science, technology courses, and health and physical education; and
- notifying the school nurse of all accidents (for every accident, an accident report must be completed and filed).
In addition, school personnel shall be conscious of suspicious strangers loitering in or near the school. Building Principals shall notify law enforcement agencies if the circumstances seem to warrant it. Students shall be instructed to notify teachers, their parents, police or school officials of any suspicious strangers.
PLANS AND DRILLS FOR EMERGENCY
The Superintendent of Schools will be responsible for the development and annual assessment of a district-wide emergency management plan in compliance with Commissioner’s Regulation 155.13. The Assistant Superintendent for Support Services will act as Emergency Coordinator. Building principals will be responsible for preparing building emergency plans that identify the procedures to be followed in the event of an emergency (e.g. flood, tornado, bomb threat, fire, etc.). The emergency management plan shall provide for sheltering, evacuation, lockdown and lockout, early dismissal, written notification to students and staff, an annual tabletop emergency drill, and coordination with local and county emergency preparedness administrators.
The building principals will be responsible for holding all emergency drills required by law or necessary for the protection of students. The results of all drills are to be reported to the Superintendent of Schools.
Such drills will include:
- A minimum of three emergency bus evacuation drills annually, the first to be held in the first five days of school in September.
- A minimum of twelve fire drills annually, eight of which must be held between September 1 and December 1 and two of which must occur in summer school. At least one fire drill should take place during the first week of both regular school and summer school.
- A shelter drill is required on an annual basis prior to December 1.
- Emergency plans must be updated annually prior to October 1.
- At least one “table top” emergency exercise will be conducted each year.
- One lockdown and one lockout drill will be conducted in each semester.
Reviewed January 2008 | Renumbered from P7170 – September 2015 | Reviewed January 2011| Renumbered from P5460 – September 2015| Reviewed January 2011| Renumbered from P5480 – September 2015
When circumstances impose a hazard for students waiting for school buses or walking to school, school closings for students will be broadcast over radio stations WGY, WROW, WTRY, WKLI, WQAR, WGNA, and TV stations WRGB, WTEN and WNYT. Such announcements will normally first be given between 6:15 and 6:45 a.m.
Ten-month employees who work directly with or provide services to students or teachers are not required to report to work on “snow days” when the children are not in attendance.
Twelve-month employees such as administrators, secretaries, custodians, mechanics and maintenance workers are required to report to work unless road conditions are determined by the Superintendent of Schools to be too hazardous to permit travel by adults to their place of employment. Twelve-month employees will report to work unless the closing announcement by radio specifically indicates that all district offices and buildings are closed for personnel as well as for students. Non-instructional employees whose services are required on those days that offices and buildings are closed for personnel as well as students because of hazardous or emergency conditions will be paid according to provisions as outlined in their collective bargaining agreement time and a half for their services. Such employees will be contacted by their immediate supervisor with instructions about where and when to report for work.
A decision to close school or to cancel activity period and sports transportation will be made by the Superintendent of Schools or his/her designee. School closing announcements will be reported to area radio and TV stations for broadcast to the community and noted on the District website. The District will also communicate to all residents who have accessed the SNN (School News Notifier) or other electronic means the district deems appropriate for closings.
When school is closed for the day or when activity or sports buses are cancelled, all extracurricular activity in all schools such as club meetings, driver education classes, sports practices, music or drama rehearsals, etc., are likewise cancelled. On such occasions, staff members are not to permit students to engage in such extracurricular activities on a “voluntary” basis.
Any exception to the general practice of canceling all activities when school is closed for weather or other reasons would have to be approved by the Superintendent of Schools.
Revised June 1999 | Renumbered from P4700 – September 2015 | Revised April 2011 | Renumbered from P5117 – September 2015
The Board of Education recognizes that, in accordance with law, there may be instances in which it must offer students the choice to transfer to a safe public school at the same grade level. Such transfer choice must be offered it:
- the school a student would normally attend is designated a “persistently dangerous school” by the Commissioner of Education; or
- a student becomes the victim of a “violent criminal offense” that occurs on the grounds of the school the student currently attends.
In accordance with federal and state law and regulations, the option to transfer to a safe school will be available only if there is a safe public school that eligible students can transfer to at the same grade level within the district. Therefore, the Board directs the Superintendent of Schools to develop a list identifying any school(s) designated by the Commissioner of Education as persistently dangerous that also includes any alternative safe public school(s) within the district for each grade level to which students may transfer. The list shall be revised annually and presented to the Board.
The Superintendent shall notify parents of all students in a school designated as persistently dangerous, and the parents of any student who becomes a victim of a violent criminal offense on school grounds, of their child’s right to transfer out of the school they currently attend. The notice shall:
- explain that students may transfer only to a safe public school at the same grade level within the district,
- identify the school(s) a student may transfer to,
- explain the procedures for transfer, including the need for parents wanting their child to transfer to inform the Superintendent of their decision within the time frame stated in the notice,
- inform parents of their right to request that their child be returned to the school of origin if they later reconsider their decision to allow the transfer.
The required notice shall be sent first class mail within 10 days after the district receives notice from the Commissioner of Education of the school’s designation as persistently dangerous. In the case of a student who is deemed to be the victim of a violent criminal offense on school grounds the notice shall be sent first class mail within 24 hours of any such determination by the Superintendent.
To the extent practicable, the notice will be provided in the dominant language or mode of communication used by the parents.
Procedures for Transfer
The transfer of any student attending a school that is deemed to be persistently dangerous generally will occur within 30 school days after the district finds out about the designation. The transfer of a student determined to be a victim of a violent criminal offense on school grounds will occur generally within 10 calendar days of the determination.
A student transferring from a persistently dangerous school has the right to remain at the safe school he or she transfers to for as long as the school of origin continues to be identified as persistently dangerous. But such a student will remain at the safe school until he or she completes the highest grade level there is it is determined to be in the best educational interest of the student to remain there. The district will make such a determination based on the student’s educational needs and other factors affecting his or her ability to succeed if returned to the school or origin.
A student who transfers because he or she became the victim of a violent criminal offense at his or her school of origin remains at the school transferred to until he or she completes the highest grade level there.
Upon parental request, any student who exercised his or her right to transfer to a safe school may return to the school of origin. Any such transfer back will be effective at the start of classes in the next school year following the request.
The district shall provide transportation to students transferring to a safe school within the transportation limits established under New York’s Education Law.
Procedures for Determining Whether a Student Has Become the Victim of a Violent Criminal Offense on School Grounds
In accordance with district procedures for the reporting of violations that constitute crimes, the Building Principal or designee shall promptly notify both local law enforcement and the Superintendent of all reports that involve the infliction of a serious physical injury upon another, a sex offense involving forcible compulsion, or any other offense that involves the use or threatened use of a deadly weapon under applicable provisions of New York’s Penal Law.
Following receipt of any such report, the Superintendent shall proceed to determine whether any of the students involved in the reported incident has become the victim of a violent criminal offense on school grounds. In making this determination, the Superintendent shall:
- consult with any law enforcement agency investigating the alleged violent criminal offense, and document his or her consultation with law enforcement officials,
- consider any reports or records provided by law enforcement agencies investigating the situation, and
- consult with the district’s attorney prior to making any final determination,
- document his or her findings.
A criminal conviction is not required for the Superintendent of Schools to make a determination that a student indeed has become the victim of a violent criminal offense on school grounds. However, a Superintendent’s determination that a violent criminal offense has occurred cannot be used as evidence in any student disciplinary proceeding initiated against either the alleged victim or the perpetrator of the offense.
Upon a finding that a student has become the victim of a criminal violent offense on school grounds, the Superintendent will provide the student’s parents with notice of the student’s right to transfer to a safe school in accordance with the notice procedures established by this policy above. The Superintendent will document compliance with the notification requirements and the procedures followed to carry out the student’s transfer if the parents elect to have the student transfer to another school.
Appeal of a Superintendent’s Determination Regarding a Violent Criminal Offense
Parents may appeal to the Board of Education a Superintendent’s determination regarding whether their child has become the victim of a violent criminal offense on school grounds.
Reviewed January 2011| Renumbered from P5630 – September 2015
All district buildings and grounds shall be operated in a manner conducive to safety and facilitation of the efficient and comfortable performance of instructional and administrative work.
The Supervisor of Buildings and Grounds shall supervise all custodians and cleaners and report directly to the Assistant Superintendent for Support Services. He/she shall also be responsible for the supervision of all maintenance and custodial employees.
The Supervisor of Buildings and Grounds shall be responsible for the operation, maintenance, repair, and improvement of the school buildings and grounds. He/she shall oversee the daily operation and maintenance of the plant, and assist in developing short- and long-range plans for the plant and site maintenance and improvement.
A committee as per negotiated agreement shall interview all applicants for maintenance and custodian positions and make recommendations to the Superintendent of Schools.
The Assistant Superintendent for Support Services shall develop an annual budget for the proper maintenance and improvement of buildings and grounds. He/she shall be responsible for the safe and proper operation of all school equipment, and for supervising the use of the buildings and grounds by outside organizations.
Revised January 2008 | Renumbered from P7210 – September 2015
Each Building Principal has responsibility for security in his/her school. All visitors are required to report to the main office or monitor’s desk during the school day before being permitted access to the building. Anyone who does not have legitimate business should be asked to leave.
Revised January 2008 | Renumbered from P7220 – September 2015
The Superintendent of Schools will report annually to the Board of Education on the costs of damage to school facilities caused by acts of vandalism. Staff members should report damage or thefts to their building principal or department head. Principals and department heads should report vandalism related to breaking and entering to the police and to the Superintendent. Monthly reports listing all vandalism damage or theft and its cost are to be submitted to the Superintendent. When a vandal or thief is identified, restitution should be made and appropriate actions taken to prevent reoccurrence. Cooperation with law enforcement agencies and the courts is essential.
Revised July 1993 | Renumbered from P7230 – September 2015
The Supervisor of Buildings and Grounds will accompany all state inspectors under the State Occupational Safety and Health Act, fire and structural inspectors under the Education Law, asbestos inspectors under federal Asbestos Hazard Emergency Response Act (AHERA) legislation, and any other similar inspection requirement. The Supervisor of Buildings and Grounds will report on the results of these inspections to the Assistant Superintendent for Support Services, who in turn will report inspection findings and necessary corrective actions arising from the inspections to the Superintendent of Schools and the Board of Education. Non-compliance items cited by building inspectors will be given immediate attention and brought into compliance as soon as possible.
Reviewed January 2008 | Renumbered from P7110 – September 2015
The Board of Education will establish traffic regulations necessary to maintain the safety of students, school district personnel, and visitors who may use school district properties. Traffic regulations will be established on the basis of the authority given to the Board of Education by Section 1670 of the New York State Vehicle and Traffic Law. Traffic regulations will apply at all times to all school properties and will include evening and weekend school functions. The regulations apply to all students, employees, and visitors to any of the Burnt Hills-Ballston Lake Central School properties.
Reviewed April 1997 | Renumbered from P1540 – September 2015
The Board of Education permits the use of district-owned materials and equipment (e.g., laptop computers, cell phones, audio-visual equipment, etc.) by Board members, officers, and employees of the district when such material and equipment is needed for district-related purposes.
The Superintendent of Schools, in consultation with the Assistant Superintendent for Support Services, shall establish regulations governing the loan and use of such equipment. Such regulations must address:
- the individuals who may properly authorize the use of such material and/or equipment;
- the lack of authority of the borrower to use such material or equipment for private, non-business purposes;
- the responsibilities of the borrower for proper use, care and maintenance;
- that, regardless of condition or other factors, all loaned equipment must be returned to the district. No item may be sold to or purchased by the borrower unless such equipment has been returned to the district for evaluation and, if necessary, disposal in accordance with district policy and procedures.
All equipment shall be inventoried and a list shall be maintained of the date such equipment was loaned, to whom it was loaned, and the date of expected and actual return.
Individuals borrowing district-owned equipment shall be fully liable for any damage or loss occurring to the equipment during the period of its use, and shall be responsible for its safe return. In addition, since Board members, officers and employees are issued district owned equipment in connection with their work responsibilities, the individual using the district owned equipment shall not have an expectation of privacy with respect to information contained on the device (e.g., computer files, images, messages).
The Business Office shall maintain records of all equipment that is loaned for long-term use (e.g., school year, term of office, etc.) and shall review such list yearly.
Cross-ref: 8332, Use of District Owned Cell Phones
8630, Computer Resources and Data Management
Adoption date: October 2016
Administrative Regulations for Policy 8330 will be divided into three separate Administrative Regulations. AR 8330.1 describes this division while AR 8330.2 will relate to the use of all district materials and equipment with the exception of any technology (laptop computers, cell phones, tablets, hotspots, etc.) and AR 8330.3 will relate to the use of all district owned technology equipment.
The administration for AR 8330.2 will be under the supervision of the Assistant Superintendent for Support Services and the School Business Administrator. The administration for AR8330.3 will be under the supervision of the Superintendent of Schools and the Director of Technology.
The business office will not be responsible for the tracking, inventory or use of district technology equipment (as defined above) for either short-term or long-term use as defined by policy 8330.
Adopted October 2018
Upon written request and approval by the Assistant Superintendent for Support Services, district owned (non-technology) equipment may be loaned to any employee, member of the Board of Education, student or other local government.
Such a loan of equipment will be authorized when such use is directly or peripherally related to their employment with the district, and to students when the material and equipment is to be used in connection with their studies or extracurricular activities.
School vehicles (cars, vans, busses) will only be used for school sponsored functions, approved school business or as approved is other rare and unusual circumstances by the Assistant Superintendent for Support Services.
Adopted October 2018
Faculty and staff may be issued District owned laptop, wireless hotspot, cell phone, or other technology device for use in their work for the District. This device is the property of the district.
It is expected that due diligence and reasonable safeguarding of the loaned items will be exercised by the borrower. Individuals borrowing district-owned equipment shall be fully liable for any damage or loss occurring to the equipment during the period of its use if it is deemed that reasonable steps were not taken to safeguard the condition of the equipment. Also, the borrower shall be responsible for its safe return back to the District.
Regardless of condition or other factors, all loaned equipment must be returned to the district when the employee completes his or her term of employment with the district. No item may be sold to or purchased by the borrower unless such equipment has been returned to the district for evaluation and, if necessary, disposed of in accordance with district policy and procedures.
All technology equipment loaned to employees shall be inventoried and a list shall be maintained of the date such equipment was loaned, to whom it was loaned, and the date of expected and actual return. Equipment may be recalled at any time by District Administration.
The primary use of such equipment should be for School District Business or for instructional purposes and such use will be in line with the District’s Acceptable Use Policy for Technology (P4526). The use of school equipment for the conduct of outside work for (a) financial gain; (b) assisting an election; or (c) advertising and selling for commercial purposes is strictly prohibited. However, there is an expectation of personal use of school equipment in an extremely limited way if: (a) there is no additional cost to the School District; (b) any use is reasonable in duration and not frequent; (c) the use does not disrupt or distract from the conducting of school business; (d) does not compromise security or integrity of school property (both physical and intellectual property); (e) does not interfere with the performance of the official duties of employees or the educational process for students; or (f) will not violate Federal, New York State or Education Law.
STUDENT USE OF DISTRICT TECHNOLOGY
Regular student use of a laptop computer is becoming more and more necessary as educational resources, communication options, and productivity tools move online. For several years, BH-BL has allowed students to use their own mobile devices on the network. We provide a login option that utilizes the District’s filter and provides students with high speed Wi-Fi for their school work. All students in grades 3-8 have had one-to-one access to District-owned computers in their classrooms since 2013. These students have access to the computers during the school day, but they cannot typically take them home.
Beginning in 2017-18, BH-BL High School will make a personal laptop device available to every student in grades 9-12. The device is BH-BL property but students will be allowed to take their device back and forth from home to school for the entire school year. These devices offer a rugged-build designed for student use. The device will be turned in to the school at the end of the school year in the same way that textbooks are returned.
There are also special circumstances where the district will allow a student in grades 3-8 to take a laptop and/or mobile hotspot home. This would typically occur when circumstances indicate that the student does not have internet/computer access at home.
School Web Filter
Whenever students are using a district issued device, the district will ensure that they are accessing the internet through the school network and all of its associated resources. That means that the computer will always pass through the CIPA (Children’s Internet Protection Act) compliant district filters when it is being used. In effect, this is a “work computer” rather than a computer for recreational use. Users must follow district and school policies and procedures including the Technology Acceptable Use Policy and the Technology Acceptable Use Guidelines outlined in the Student Code of Conduct. These policies govern all home use of school-issued Chromebooks.
NOTE: For students in grades 9-12 who access their “bhbl.net” account using a privately owned device (like a private laptop or home computer), web traffic will be routed through the school filter when logged into the “Chrome” browser using the bhbl.net credentials.
Expectations for student use of District Issued Technology
- Students are expected to bring their Chromebooks to school fully charged. Chargers should be kept at home, as they are easily misplaced and can also easily damage the Chromebook in transit. Students should take care and precaution when inserting cables/cords into the device, to prevent damage. Students will be financially responsible for replacing lost/damaged chargers.
- Sign-on for a Chromebook will be limited to the student to whom it has been issued. Students are not to borrow or use another student’s Chromebook.
- Students should take reasonable precautions to keep the Chromebooks safe and functional. This includes but is not limited to:
- Making sure the Chromebook is never left unattended, in an unlocked, unsupervised area. The Chromebook should be kept in an impersonalized state. No stickers or permanent markings should be placed on the Chromebooks. Cases (provided by students) can be decorated with luggage tags, ribbons, identification (in provided insert space) and any other non-permanent modifications.
- In case of theft, an official police report will be required. Students should see their Assistant Principal for additional information.
- Making sure the Chromebook is never left unattended, in an unlocked, unsupervised area. The Chromebook should be kept in an impersonalized state. No stickers or permanent markings should be placed on the Chromebooks. Cases (provided by students) can be decorated with luggage tags, ribbons, identification (in provided insert space) and any other non-permanent modifications.
- Student email
- All students in grades 3-12 are issued a BH-BL email, much as they will be expected to use in college and/or the workplace. Email accounts for grades 3-8 are limited to sending and receiving email from within the “bhbl” domain. Email accounts for grades 9-12 can send and receive email from outside the “bhbl” domain.
- Students are responsible for messages sent from their accounts.
- Student email is provided by the district and is district property. BH-BL reserves the right to archive, monitor and/or review all use of its email system, and users should not have any expectation of privacy in any electronic message created, sent or received on the District’s email system. This is necessary to keep students safe and prevent inappropriate use of the email system.
- General Internet use
- Listening to music on a student device is subject to teacher or parent discretion.
- Online gaming must be in support of the district’s educational program and directed by teacher(s)/staff. All other gaming will be blocked and is prohibited.
- Watching movies/YouTube videos on the device is only allowed with permission from a teacher or parent/guardian for educational purposes. All web content must remain school appropriate and will be filtered via the district’s web filter.
Damage to District-Owned/Student-Issued Equipment
- In the event of damage to a student issued device, students should notify their Assistant Principal or contact the Student Help Desk so that the proper procedure can be initiated. Loaner Chromebooks will be available for sign-out in the library while repairs are being conducted.
- Normal depreciation of the value of the Chromebook is expected. However, students will be financially responsible for accidental damage to their Chromebook in the same way that they have always been responsible for damage to district issued textbooks. Insurance for the Chromebook can be purchased – paperwork regarding this insurance will be distributed with the Chromebooks at the start of the year. While not required, purchasing insurance is encouraged as it covers the cost of most incidental damage.
- Students who cause intentional damage to a Chromebook (theirs or that of another student), will be financially responsible for the damage and also face disciplinary action.
BH-BL takes student and staff data privacy very seriously. We comply with the Family Educational Rights and Privacy Act (see Policy P5500) and U.S. Department of Education Regulations (see Education Law 2-d) for data privacy. All software and third-party applications that we use, including any software accessible by the student issued laptops are evaluated through multiple sources for compliance with data privacy regulations by our district Data Privacy Officer. Data coming in and out of the district’s accounts are continually monitored for inappropriate access or sharing of sensitive data. We are members of RIC One Data Privacy Service, the NY Schools Data Analysis Technical Assistance Group (DATAG), and the Privacy Evaluation Initiative Consortium (https://www.commonsense.org). All of these organizations help us to put steps in place to safeguard student and staff privacy. More information on BH-BL’s student data privacy policies can be found at https://www.bhbl.org/ParentResources/studentdataprivacy.cfm.
Adopted: October 2018
The Board of Education recognizes that certain district employees will be required to carry district-owned cell phones in order to meet their job responsibilities. Such phones should be provided only when a less costly alternative is not available or is not appropriate in the circumstances.
A list of job titles requiring district-owned cell phones shall be maintained in the Business Office and reported to the Board for its approval each year at its organizational meeting in July. All cellular telephone contracts shall be secured through the appropriate purchasing process (e.g., competitive bid, RFP process) and shall be subject to review and approval by the Board.
Cell phones are to be used for school district business purposes only and anything other than incidental private use is prohibited. Failure to follow these guidelines may result in revocation of the phone, discipline of the employee and/or reimbursement of excess charges. In addition, since employees are issued district owned cell phones in connection with their work responsibilities, employees shall not have an expectation of privacy with respect to information contained on the device (e.g., text messages, records of phone calls).
As with any district-owned equipment, employees must take proper care of cell phones and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office. Since employees are responsible for the safe return of district-owned cell phones, employees who use district-owned cell phones may be liable for damages or losses which occur during the period of its use.
At least once per year, the Business Office shall evaluate and report to the Board on the cost and effectiveness of the district’s cellular telephone plan. The superintendent shall develop regulations that govern the enforcement of this policy, including a document that indicates that employees issued a district-owned phone have been made aware of this policy.
Ref: Fourth Amendment, U.S. Constitution
Fourteenth Amendment, U.S. Constitution
City of Ontario, California v. Quon 130 S. Ct. 2619 (2010)
Revised May 2005 | Renumbered from P3690 – September 2015 | Replaced with NYSSBA version – October 2016
- Cell phones/Hot Spots may be issued to District employees only in accordance with the Board of Education’s Cell Phone Policy. In order to have a cell phone issued, a supervisor must complete a “Request for Cell Phone/Hot Spot Form” (attachment 1) and obtain approval of the issuance of the phone by the Assistant Superintendent for Support Services.
- A listing of all positions that are supplied with a cell phone/hot spot will be provided to the Board of Education each year at its Reorganization Meeting.
- Prior to issuance of a cell phone/hot spot the employee must complete the “Cell Phone Agreement” (attachment 2).
- Cell phone/hot spot issuance and usage is subject to periodic review by the employee’s supervisor and the administration.
- Cell phone/hot spot usage will be monitored on a monthly basis. Should it be determined that usage, as identified by the supervisor and/or the business office, to be above average, and that such usage is identified to be of a personal nature, then the employee will be responsible for such additional costs.
- The cell phone/hot spot may not be used by anyone other than the school district employee to whom it is issued, except in extenuating circumstances, as approved by the supervisor.
- Employees shall take proper care of cellular phones/hot spot and shall take all reasonable precautions against damage, loss or theft. Any damage, loss or theft shall be reported immediately to the business office.
- Employees are reminded that the use of hand-held cell phones, while driving a motor vehicle, is illegal in New York State. A violation could result in the revocation of the employee’s cell phone.
- All district-owned cellular telephones/hot spots are to remain the property of the District. District-owned cellular telephones/hot spots shall be returned immediately upon the employee’s termination of employment or upon request. Employees who fail to return a district-owned cellular telephone/hot spot upon termination of employment or at the District’s request will be billed for the actual cost of the cellular telephone/hot spot and for all charges made after termination of employment or the District’s request.
- No district-issued cell phone/hot spot may be used to conduct personal business which provides a “second job” benefit to the employee.
The Board of Education permits the use of district credit cards by certain school officials and Board members to pay for actual and necessary expenses incurred in the performance of work-related duties for the district. A list those individuals that will be issued a district credit card will be maintained in the Business Office and reported to the Board each year at its reorganizational meeting in July. All credit cards will be in the name of the school district.
The district shall establish a credit line not to exceed $5,000 for each card issued and an aggregate credit limit of $10,000 for all cards issued to the district.
The relationship between the district and the credit card company is such that the district preserves its right to refuse to pay any claim or portion thereof that is not expressly authorized, does not constitute a proper district charge, or supersedes any laws, rules, regulations, or policies otherwise applicable. Approval of the Board of Education is required before any credit card is applied for which charges an annual fee. Any rewards offered by the credit card are the property of the school district and shall not accrue to the individual utilizing the credit card. In addition, the Board will ensure that no claim shall be paid unless an itemized voucher approved by the officer whose action gave rise or origin to the claim, shall have been presented to the purchasing agent and shall have been audited and allowed.
Credit cards may only be used for legitimate school district business expenditures. The use of credit cards is not intended to circumvent the district’s policy on purchasing.
Users must take proper care of these credit cards and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office and to the appropriate financial institution. Failure to take proper care of credit cards or failure to report damage, loss or theft may subject the employee to financial liability and/or discipline.
Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature or violate the intent of this policy may result in credit card revocation and discipline of the employee.
Users must submit detailed documentation, including itemized receipts for commodities, services, travel and/or other actual and necessary expenses which have been incurred in connection with school-related business for which the credit card has been used.
The Superintendent of Schools, in consultation with the Assistant Superintendent for Support Services and the district’s Purchasing Agent, shall establish regulations governing the issuance and use of credit cards. Each cardholder shall be apprised of the procedures governing the use of the credit card and a copy of this policy and accompanying regulations shall be given to each cardholder.
The Assistant Superintendent for Support Services shall periodically, but no less than twice a year, monitor the use of each credit card and report any problems and/or discrepancies directly to the Superintendent and the Board.
Each authorized user of any District issued credit card shall be apprised of the procedures governing the use of such credit card and a copy of this policy and accompanying regulations shall be given to each authorized user. Upon receipt, a signed verification of receipt will be placed in the employee’s personnel file.
Cross-ref: 6700, Purchasing
6830, Expense Reimbursement
Ref: Education Law §§1724(1); 2524(1) (itemized, audited, and approved vouchers required)
Opns. St. Compt. No. 79-202 (use of multi-purpose credit cards by municipal employees)
Opns. St. Compt. No. 79-494
Opns. St. Compt. No. 78-897 (gas credit cards)
Adopted: December 2016
To facilitate the acquisition of certain goods and services by and on behalf of the Burnt Hills-Ballston Lake Central School District, the Superintendent authorizes the Assistant Superintendent for Support Services to apply for credit card(s) on behalf of Burnt Hills-Ballston Lake CSD.
All credit cards must be signed out for use with each purchasing transaction. Before an individual employee may utilize a district credit card, the employee and the Assistant Superintendent for Support Services or his designee must sign for the release of the credit card and a valid purchase order must be executed. When not in use all credit cards issued will be maintained in the Business Office in a secure location with limited access.
There shall be no issuance of debit cards which grant access to district bank accounts and all cards will be issued in the name of the school district. The Assistant Superintendent for Support Services shall maintain a list of all credit cards issued.
Credit cards shall be issued in the name(s) of, and be maintained under the physical custody of the Superintendent or his designee. When needed, the Superintendent and/or his designee will approve of each transaction. Authorized users must take proper care of these credit cards and take all reasonable precautions against damage, theft or loss. Any damage, theft or loss must be reported immediately to the Assistant Superintendent for Support Services and to the appropriate financial institution.
Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature, or violate the intent of this policy may result in credit card revocation, criminal/civil action, and discipline of the employee.
The Claims Auditor shall monitor monthly the use of each credit card and report any problems or discrepancies directly to the Superintendent and the Board.
Each authorized user shall be apprised of the procedures governing the use of the district credit card(s) as well as a copy of the appropriate board policy and any accompanying regulations.
Adopted: December 2016
The State Legislature has recognized the importance of district-provided student transportation relative to a student’s education and has enacted comprehensive legislation obligating the District to provide transportation services to designated groups of students.
The Assistant Superintendent for Support Services, assisted by the Supervisor of Transportation, will have overall responsibility for providing and maintaining transportation services.
TRANSPORTATION OF KINDERGARTEN CHILDREN
Transportation shall be provided for kindergarten children on a basis which provides pick-up and discharge locations within 1/10 mile of the pupil’s home and also as may be practical in terms of turnaround space without backing up on private property and without substitution of buses regularly scheduled for such transportation.
If sufficient seats are available on such a route, other primary grade children may be picked up upon the same basis where such service is provided a kindergarten child.
Reviewed January 2008 | Renumbered from P7300 – September 2015 | Reviewed January 2008 | Renumbered from P7330 – September 2015
The following musical instruments meet size requirements and may be transported by students on regular bus runs: piccolos, flutes, oboes, soprano clarinets, bassoons, alto saxophones, trumpets, percussion kits, violins, and violas.
The following musical instruments do not meet size requirements and may not be transported by students on regular bus runs: bass clarinets, tenor saxophones, baritone saxophones, French horns, trombones, baritones, tubas, guitars, cellos (any size), string basses, drum sets. For field trips to music festivals, a bus with lower storage compartments should be used whenever possible.
Otherwise, larger instruments should be secured into seats using seat belts. If the number of students involved exceeds available space, then an additional small bus should be used to transport instruments.
Adopted June 2017
The Burnt Hills-Ballston Lake Transportation Facility is to be utilized for work on district owned vehicles. In rare or unusual circumstances where working on a non-district vehicle provides a benefit to the district (i.e. fixing a vehicle owned by another municipality in return for assistance from that municipality in another area), work on non-district vehicles may be performed with the written authorization of the Superintendent.
Created July 28, 2020
The efficient utilization of personnel and vehicles, including scheduling, routing and the designation of pupil pick-up and discharge points shall be the responsibility of the Supervisor of Transportation under the supervision of the Assistant Superintendent for Support Services. Bus routes will be designed, however, so that under normal circumstances, the time spent on the bus of each trip for students transported to in-district locations will not exceed sixty minutes. For students transported to out-of-district locations, runs will be scheduled so that they do not exceed sixty minutes plus the time required, under normal conditions, to drive directly from the school district boundary closest to the child’s ultimate school destination.
The Board of Education shall provide transportation to and from school for all resident students enrolled in the district. The maximum distance any child is transported will be that distance defined by state law or regulations.
Transported children in grades K-5 who live on thoroughfares with posted speed limits of 40 mph or greater will be picked up and discharged in front of their homes, at the end of the nearest driveway or dead end street. Parents of these children will be notified that students who board their school bus on the side of the road opposite their home should cross the road to board their bus only when the bus is stopped and the bus’s flashing signal lights are present to warn motorists and provide an added measure of safety.
Provision shall also be made for pupil transportation, other than between home and school, which serves the educational goals of the district.
Pupils will not be required to walk more than .6 of a mile to a bus stop. Distance between a pupil’s residence and the school that the pupil will attend shall be measured from the place on the public road directly in front of the front entrance of the house, or if the front entrance of the house is not located facing the public road the measurement shall start at the driveway entering the property and terminate at the point on the school driveway opposite the main entrance of the school which the pupil will attend.
In no event will transportation be provided to any child requiring a route over a non-public road or a road posted by the appropriate highway authority as closed or limited to vehicles of lesser size or weight of a school bus regularly scheduled for the nearest route.
Revised January 2008 | Renumbered from P7310 – September 2015 | Renumbered from P7320 – September 2015
For the 2020-21 school year, due to revised procedures related to the COVID-19 Pandemic Board Policy 8412 will be as follows:
The District will comply with the applicable provisions of Education Law (Section 3635) and Commissioner’s Regulations in transporting students between the student’s residence and school. Exceptions to this transportation requirement shall be limited by this policy in order for the District to provide the maximum safety in its student transportation program.
- Transportation will be provided to one location whether it’s the primary residence or daycare for eligible students K-8. Transportation will be provided to the primary residence for students 9-12.
- Transportation will not be provided outside the school of attendance zone for primary students unless it is to the primary residence or child care centers licensed pursuant to Section 390 of NYS
- Social Services Law where such child care location has filed, by August 1st of any given year, a copy of such license with the Supervisor of Transportation and has agreed to make an adult available to meet school buses picking up or discharging pupils at District designated bus stops.
- Day variant requests for transportation will be prohibited. It must be the same bus stop daily and week to week.
- Bus passes will not be authorized or allowed.
- There will be no bus runs for Academic Assistance Period
Revised January 2008 | Renumbered from P7315 – September 2015 | Revised August 2020
While the law requires the school district to furnish transportation, it does not relieve parents of students from the responsibility of supervision until such time as the child boards the bus in the morning and after the child leaves the bus at the end of the school day.
Once a child boards the bus – and only at that time – does he become the responsibility of the school district. Such responsibility will end when the child is delivered to the regular bus stop at the close of the school day.
In view of the fact that a bus is an extension of the classroom, the Board requires students to conduct themselves in the bus in a manner consistent with established standards for classroom behavior. Disciplinary procedures will be developed by the Superintendent with the advice of the Building Principals and transportation personnel and will be ordered into effect by the Superintendent and enforced by the Building Principals in a uniform manner.
In addition, the following rules and procedures will apply for students who ride the bus:
- Students will be required to sit in the assigned seat daily.
- Where possible and practical, students will be required to sit in the same seat as their siblings.
- Students must wear masks at all times when on the school bus.
- Only necessary items will be allowed on the school bus and must remain in their bags at all times.
- Students may not share any items while on the school bus.
Children who become a serious disciplinary problem on the school bus may have their riding privileges suspended by the Principal. In such cases, the parents of the children involved will be responsible for seeing that their children get to and from school safely.
Reviewed January 2008 | Renumbered from P7360 – September 2015 | Revised August 2020
The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees, especially those in safety-sensitive positions. To ensure the safety of its students and to comply with federal regulations, the Board requires alcohol and controlled substance testing of certain district employees, mainly “drivers,” operators of “other school buses,” and any other employee who is subject to such testing, in accordance with and as set forth in the applicable federal and state requirements.
- “Driver” is defined as includes any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
- “Other school buses” include those covered by applicable federal regulations (see list below) and any other motor vehicle either owned by the district or by a private company, operated to transport students, children of students, teachers, and other supervisory persons to or from school or school activities.
Consistent with federal regulations, the district shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of employees/ drivers who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Employees holding such positions include:
- drivers of vehicles designed to transport 16 or more passengers, including the driver;
- drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or any other employee who may drive or service a listed vehicle (e.g. a mechanic who performs test drives, repairs, inspects, or loads or unloads a listed vehicle listed in 1 or 2 above). Controlled substance and alcohol tests will be conducted for operators of all “other school buses” consistent with the procedures applicable to the implementation of federal regulations. Volunteers who drive a bus with passengers fewer than 30 days per year are not subject to such testing.
Generally, the required testing will be conducted at or prior to the time of employment and randomly throughout the school year. In addition, drivers are subject to additional testing under federal regulations testing will be conducted when a supervisor has a reasonable suspicion that an employee a driver has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the employee driver has been found to violate district policy and federal regulations; and after the employee’s driver’s return to duty.
In accordance with federal and state law, a driver will not be permitted to may not drive if he or she:
- possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
- uses or is under the influence of alcohol or a controlled substance that is not lawfully prescribed within six hours or less before duty;
- has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or refuses to take a required alcohol or controlled substance test.
Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.
Enforcement of Driving Prohibitions
The school district will not require or permit drivers of vehicles listed above, as well as operators of all “other school buses” defined above, to be on duty or operate a listed vehicle or other school bus, if it appears that they have consumed a drug/controlled substance (except those lawfully prescribed) or alcohol within the preceding eight hours. This shall be based on the person’s general appearance, conduct, or other substantiating evidence. Those who maintain, repair, or garage listed vehicles or school buses that involves incidental driving without passengers, are exempt from this requirement, but are still prohibited from consuming controlled substances and alcohol within six hours of going on duty.
Response to Positive Testing Results
Any employee driver who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any employee driver found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, district policy, and/or law. Operators of “other school buses” subject to random testing pursuant to New York Law will be subject to the same consequences based upon an alcohol concentration of at least 0.02 but less than 0.04 as drivers listed above.
If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The employee driver may be required to complete a treatment program and/or be disciplined pursuant to district policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to follow-up testing.
Operators of “other school buses” subject to random testing pursuant to New York Law will be subject to the same consequences based upon an alcohol concentration of 0.04 or greater or a positive drug test as drivers listed above.
Should the district receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the district that the individual shall be re-tested and that re-test will become the test of record.
The Superintendent of Schools shall ensure that a copy of this policy, the district’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is provided to all drivers and operators of “other school buses” prior to the initiation of the testing program and to each driver or operator of “other school buses” subsequently hired or transferred to a position subject to testing.
Cross-ref: 9320-Drug-Free Workplace, 9610-Staff Substance Abuse
Ref: Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306 49 U.S.C. §521(b) 49 CFR Part 391 (Qualifications/Disqualifications) 49 CFR Part 382 (Drug and Alcohol Testing Requirements) 49 CFR Part 40 (Testing Procedures) 49 CFR §395.2 (On-duty time defined) Vehicle and Traffic Law §§509-g; 509-l; 1192; 1193 Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)
Adopted: September 2019
- School Bus Drivers are required to fasten their seat belts.
- All children under four who are passengers on a school bus must be restrained in a federally approved child restraining device.
- A federally approved child restraining device must be used for any special education student when mandated by his/her IEP. 4. The school district will follow state regulations concerning use of seat belts and instruction on their use.
Revised September 2008 | Renumbered from P7350 – June 2015
The use of school vehicles and school bus drivers is the District transportation method of choice, but it is recognized that exceptional circumstances may require the occasional use of private vehicles for the transportation of students. Transportation of pupils in private vehicles is permitted only under the following conditions:
- Parents may take responsibility for transporting their own children to or from a school event in a private vehicle or by authorizing in writing an adult other than a school employee to provide such transportation. If the adult other than the parent does not have written parental authorization to transport the student in a private vehicle, the student must return to the school building via school district transportation. A school event is an activity where students, under the supervision of a school employee, leave from a District building to attend an event elsewhere and return to a District building at the conclusion of the event.
- The number of individuals to be transported in an private vehicle must not exceed the number of available seat belts.
- Staff and parents who anticipate transporting students must apply for transportation authorization annually using a form provided by the District, and authorize a District- requested motor vehicle record check. Driver records showing a conviction for 1) any kind of impairment; or 2) with more than five points charged in the past three years will result in denial of transportation privileges. The application will include a description of the vehicle to be used, including insurance coverage limits and expiration dates, the year and make of the vehicle, the date of last inspection, and the name and address of the vehicle owner.
- Except in emergencies approved by a principal or designee, the prior request process described in AR4531 must be followed. In the event of an emergency that precludes prior approval, the Principal will report to the Superintendent of Schools the necessary use of an employee-owned private automobile no later than the work day following the emergency use.
- Staff and parents providing student transportation agree to carry a minimum of $300,000 total incident liability coverage and understand that: a) School liability coverage applies only after the limits of individual coverage have been exceeded by an award of damages. b) The school will not be responsible for no vehicle or personal property damage.
- Trip requests will be approved only when there is a clear need for the activity and only where a private vehicle is determined to be a better means of transporting students than the use of school transportation.
- Staff may be reimbursed for authorized mileage at the contractual reimbursement rate.
Revised January 2008 | Renumbered from P7325 – September 2015
A food service program will be provided in each of the District’s school buildings. The School Lunch Manager will be responsible for reporting to the Assistant Superintendent for Support Services concerning all phases of cafeteria operation. The food service program is expected to be self supporting. It will cooperate with state and federal agencies to obtain financial and technical assistance and will comply with all applicable health and safety regulations.
Reviewed January 2008 | Renumbered from P7400 – September 2015
The Board of Education recognizes that on occasion, students may not have enough funds for a meal. To ensure that students do not go hungry, the Board will allow students who do not have enough funds to “charge” the cost of meals to be paid back at a later date subject to the terms in this policy.
To comply with State guidelines and maintain a system for accounting for charged meals, regarding both full and reduced-price meals, the Board shall:
- allow only regular reimbursable meals to be charged, excluding extras, à la carte items, side dishes, additional meals, and snacks (“competitive foods”); and
- use a computer-generated point of sale system, which identifies and records all meals as well as collects repayments.
Charged meals must be counted and claimed for reimbursement on the day that the student charged (received) the meal, not the day the charge is paid back. When charges are paid, these monies are not to be considered “à la carte” transactions, as a section on the daily cash report or deposit summary reads “charges paid.”
Students shall not be denied a reimbursable meal, even if they have accrued a negative balance from other cafeteria purchases. No student with unpaid charges will be prohibited from purchasing food if they have money that day.
If school food authorities (SFAs) suspect that a student may be abusing this policy, written notice will be provided to the parent/guardian.
Students who cannot pay for a meal or who have unpaid meal debt shall not be publicly identified or stigmatized (including wristbands or hand stamps), required to do chores or work to pay for meals, or have meals thrown away after they have been served. District staff shall not discuss a student’s unpaid meal debt in front of other students. The district shall not take any action directed at a student to collect unpaid school meal fees. However, the district may discretely notify students of their account balances, and why certain items (e.g., à la carte, etc.) could not be provided with charged meals.
Student Account Balance Notification
The district’s payment system allows for automatic replenishment when a balance reaches a certain amount set by the parent/guardian. The district shall encourage parents/guardians to utilize this option.
Parents/guardians shall be discreetly notified of student account balances regularly. When a student’s account balance falls to $8.25 and whenever a meal is charged, the district will discretely notify the parent/guardian of the balance, and the process to refill the account. This notification will continue regularly until the account is replenished. Parents/guardians must repay all unpaid charges remaining at the end of the year or before their child leaves the district, whichever occurs first.
If appropriate to the circumstance, the district will reach out to the parent/guardian to assist them in the application process for free and/or reduced price meals, and determine if there are other issues within the household causing the insufficient funds and offer appropriate assistance. If a parent/guardian regularly fails to provide meal money and does not qualify for free or reduced price meals, the district may take other actions as appropriate, including notifying the local department of social services if neglect is suspected.
The school district shall notify all parents/guardians in writing on an annual basis at the start of the school year and to families transferring during the year, outlining the requirements of this policy. The policy shall also be published in appropriate school and district publications. All staff involved in implementing and enforcing this policy shall also be notified of these requirements and their responsibilities. The district’s enrollment process shall include the application process for free and reduced price meals. If the district becomes aware that a student is so eligible, it shall file an application for the student. Staff responsible for assisting foster, homeless and migrant students shall coordinate with the food services staff to ensure such students receive free school meals.
Unpaid Meal Charges and Debt Collection
Unpaid meal charges are a financial burden to the district and taxpayers and can negatively affect the school program. Unpaid meal charges shall be considered “delinquent” as per the district’s accounting practices. The district shall attempt to recover unpaid meal charges before the end of the school year, but may continue efforts into the next school year. The district shall notify parents/guardians of unpaid meal charges at regular intervals, and may engage in collection activities by district staff, which do not involve debt collectors as defined in federal law (15 USC §1692a), and may not charge fees or interest. The district shall offer repayment plans, and may take other actions that do not result in harm or shame to the child, until unpaid charges are paid.
Remaining Account Balances
Remaining funds may be carried over to the next school year. When students leave the district or graduate, the district will attempt to contact the parent/guardian to return remaining funds. Parents/guardians may request that funds be transferred to other students (e.g., siblings, unpaid accounts). All transfer requests must be in writing. Unclaimed funds remaining after six months shall be absorbed by the school meal account.
Staff members are allowed to purchase food from the district’s food services. However, all purchases must be paid for at the point of sale cash, check, online payment account with credit/debit card. Staff members are not allowed to charge meals to be repaid later.
Building Principals, working with the head of food services, shall ensure that all district and food service staff with responsibilities under this policy will be trained on the provisions of this policy and the requirements of Education Law section 908.
Cross-ref: 8520, Free and Reduced Price Meal Services
Ref: 42 USC §1779 (Child Nutrition Act of 1966)
42 USC §§1758(f)(1); 1766(a) (National School Lunch Act)
2 CFR §200.426 (accounting for debt in federal programs)
7 CFR §§210.9 210.12; 210.19; 220.13; 245.5 (accounting in federal school meal programs)
Healthy, Hunger-Free Kids Act (Public Law 111-296), §143
15 USC §1692a (debt collector defined)
Education Law §908
USDA Report to Congress, Review of Local Policies on Meal Charges and Provision of Alternate Meals, June 2016, www.fns.usda.gov/sites/default/files/cn/unpaidmealchargesreport.pdf
Unpaid Meal Charges: Local Meal Charge Policies, USDA FNS Memo SP 46-2016 (07/08/16), www.fns.usda.gov/unpaid-meal-charges-local-meal-charge-policies
Unpaid Meal Charges: Guidance and Q&A, USDA FNS Memo SP 57-2016 (09/16/16), https://fns-prod.azureedge.net/sites/default/files/cn/SP57-2016os.pdf
Unpaid Meal Charges: Guidance and Q&A, USDA FNS Memo SP 23-2017 (03/23/17), https://fns-prod.azureedge.net/sites/default/files/cn/SP23-2017os.pdf
Unpaid Meal Charges: Clarification on Collection of Delinquent Meal Payments, USDA FNS Memo SP 47-2016 (07/08/16), www.fns.usda.gov/sites/default/files/cn/SP47-2016os.pdf
Overcoming the Unpaid Meal Challenge – Proven Strategies from Our Nation’s Schools, USDA FNS Guidance Document (May 2017), https://fns-prod.azureedge.net/sites/default/files/cn/SP29- 2017a1.pdf
New York State Legislation – Prohibition Against Meal Shaming, NYSED Memo (5/1/18), http://www.cn.nysed.gov/content/prohibition-against-meal-shaming Meal Charge Plan Template, NYSED (5/1/18), http://www.cn.nysed.gov/content/meal-chargeand-prohibition-against-meal-shaming-policy-template
Adopted August 2018
The School Lunch Manager is designated as the person authorized to purchase food and supplies for all food services under his or her direction.
In order to properly discharge authorized purchasing functions, the School Lunch Manager shall prepare any necessary bids, engage in cooperative bidding where determined to be advisable, open and analyze bids. When purchases are made through the bidding procedure, the School Lunch Manager shall recommend bid awards that are determined to be in the best interest of the school district. These recommendations are to be acted upon by the Board.
The School Lunch Manager shall consider government commodities, quantity purchasing, and separate purchases of milk, eggs and species of fresh fruit and vegetables directly from producers or growers, where these considerations are advantageous to the school district and authorized by law.
Reviewed January 2008 | Renumbered from P7410 – September 2015
Free lunches for needy students will be provided under the rules and regulations of the United States Department of Agriculture and the State Education Department as amended.
Free or reduced price lunches for children in grades kindergarten through twelve shall be provided under the following conditions:
- t shall be the responsibility of the Food Service Manager to administer this policy, to receive the prescribed applications and to approve or disapprove such applications in accordance with the eligibility criteria established by the Federal Government and to inform the school lunch manager of his/her decision in each case.
- Pupils shall be eligible for free lunches if gross weekly family income is below the amount for the number of dependent minors living at home shown specified by the Federal Government prior to each school year.
- Family income verification must be supplied by the applicant and provided at the time application is made.
- The Food Service Manager, with the approval of the Assistant Superintendent for Support Services, may approve applications for free lunches if after investigation and verification, family special circumstances warrant action in the vital interest of the child who is otherwise ineligible.
- In any event, the following conditions shall create a presumption of ineligibility and free lunches will not be provided:
- Non-resident children supported by social welfare or similar funding sources.
- Resident children living away from their family and supported by social welfare or similar funding sources.
- Building principals may withhold approval of free lunches if there is verified evidence of ability to pay not disclosed by the applicant.
Revised January 2008 | Renumbered from P7420 – September 2015
Production of printed materials will be strictly limited to materials used by the school district or by school-community-youth-oriented organizations who pay for the cost of the printing and have permission from the Superintendent of Schools to have material printed for them.
Printing of private materials is prohibited.
Reviewed March 2012 | Renumbered from P6421 – September 2015
The Board of Education recognizes that computers are a powerful and valuable education and research tool and as such are an important part of the instructional program. In addition, the district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the Boards expectations in regard to these different aspects of the district’s computer resources.
The Superintendent shall be responsible for designating a District Technology Committee overseen by the Assistant Superintendent for Curriculum and Instruction who will oversee the use of district computer resources. The District Technology Committee will prepare in-service programs for the training and development of district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.
The Superintendent, working in conjunction with the designated purchasing agent for the district, and the Assistant Superintendent for Support Services will be responsible for the purchase and distribution of computer software and hardware throughout the schools. They shall prepare and submit for the Board’s approval a comprehensive multi-year technology plan which shall be revised as necessary to reflect changing technology and/or district needs.
The Superintendent, working with the District Technology Committee. shall establish regulations governing the use and security of the district’s computer resources (computer resources include all devices that process data, including but not limited to, laptops, fax machines, copiers and scanners). The security and integrity of the district computer network and data is a serious concern to the Board and the district will make every reasonable effort to maintain the security of the system. All users of the district’s computer resources shall comply with this policy and regulation, as well as the district’s policy 4526, Network/Internet Acceptable Use Policy. Failure to comply may result in disciplinary action, as well as suspension and/or revocation of computer access privileges.
All users of the district’s computer resources must understand that use is a privilege, not a right, and that use entails responsibility. Users of the district’s computer network must not expect, nor does the district guarantee, privacy for electronic mail (e-mail) or any use of the district’s computer network. The district reserves the right to access and view any material stored on district equipment or any material used in conjunction with the district’s computer network.
Management of Computer Records
The Board recognizes that since district data is managed by computer, it is critical to exercise appropriate control over computer records, including financial, personnel and student information. The Superintendent, working with the District Technology Committee and the district’s business official, shall establish procedures governing management of computer records. The procedures will address:
- system administration,
- separation of duties,
- remote access,
- user access and permissions appropriate to job titles and duties,
- disposal of computer equipment and resources (including deleting district data or destroying the equipment),
- inventory of computer resources (including hardware and software),
- data back-up (including archiving of e-mail),
- record retention, and
- disaster recovery plans and notification plans.
Review & Dissemination
Since computer technology is a rapidly changing area, it is important that this policy be reviewed periodically by the Board and the district’s internal and external auditors. The regulation governing appropriate computer use will be distributed annually to staff and students and will be included in both employee and student handbooks.
Cross-ref: 1120, School District Records | 4526, Computer Use for Instruction | 4526.1, Internet Safety | 5500, Student Records | 6600, Fiscal Accounting and Reporting | 6700, Purchasing | 6900, Disposal of District Property | 8635, Information Security Breach and Notification
Revised January 2008 | Renumbered from P7540 – September 2015 | Revised July 2020
The Board of Education acknowledges the heightened concern regarding the rise in identity theft and the need for secure networks and prompt notification when security breaches occur. The Board adopts the National Institute for Standards and Technology Cybersecurity Framework Version 1.1 (NIST CSF) for data security and protection. The Data Protection Officer is responsible for ensuring the district’s systems follow NIST CSF and adopt technologies, safeguards and practices which align with it. This will include an assessment of the district’s current cybersecurity state, their target future cybersecurity state, opportunities for improvement, progress toward the target state, and communication about cyber security risk.
The Board will designate a Data Protection Officer to be responsible for the implementation of the policies and procedures required in Education Law §2-d and its accompanying regulations, and to serve as the point of contact for data security and privacy district. This appointment will be made at the annual organizational meeting.
The Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, and the Data Protection Officer to establish regulations which address:
- the protections of “personally identifiable information” of student and teachers/principal under Education Law §2-d and Part 121 of the Commissioner of Education;
- the protections of “private information” under State Technology Law §208 and the NY SHIELD Act; and
- Employee “Personal Identifying Information” under Labor Law § 203-d
I. Student and Teacher/Principal “Personally Identifiable Information” under Education Law §2-d A.
A. General Provisions
- PII as applied to student data is as defined in Family Educational Rights and Privacy Act (Policy 5500), which includes certain types of information that could identify a student, and is listed in the accompanying regulation AR-8635. PII as applied to teacher and principal data, means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.
- The Data Protection Officer will see that every use and disclosure of personally identifiable information (PII) by the district benefits students and the district (e.g., improve academic achievement, empower parents and students with information, and/or advance efficient and effective school operations). However, PII will not be included in public reports or other documents. The district will protect the confidentiality of student and teacher/principal PII while stored or transferred using industry standard safeguards and best practices, such as encryption, firewalls, and passwords.
- The district will monitor its data systems, develop incident response plans, limit access to PII to district employees and third-party contractors who need such access to fulfill their professional responsibilities or contractual obligations, and destroy PII when it is no longer needed.
- Certain federal laws and regulations provide additional rights regarding confidentiality of and access to student records, as well as permitted disclosures without consent, which are addressed in policy and regulation 5500, Student Records.
- Under no circumstances will the district sell PII. It will not disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by any other party for any marketing or commercial purpose, or permit another party to do so. Further, the district will take steps to minimize the collection, processing, and transmission of PII.
- Except as required by law or in the case of enrollment data, the district will not report the following student data to the State Education Department:
a) juvenile delinquency records;
b) criminal records;
c) medical and health records;
d) student biometric information; and
e) individually identifiable student suspension records.
7. The district has created and adopted a Parent’s Bill of Rights for Data Privacy and Security (see Exhibit 8635-E). It has been published on the district’s website at www.bhbl.org and can be requested from the district clerk.
- Each third-party contractor that will receive student data or teacher or principal data must:
a) adopt technologies, safeguards and practices that align with the NIST CSF;
c) limit internal access to PII to only those employees or sub-contractors that need access to provide the contracted services;
d) not use the PII for any purpose not explicitly authorized in its contract;
e) not disclose any PII to any other party without the prior written consent of the parent or eligible student (i.e., students who are eighteen years old or older): except for authorized representatives of the third-party contractor to the extent they are carrying out the contract; or unless required by statute or court order and the third party contractor provides notice of disclosure to the district, unless expressly prohibited.
f) maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of PII in its custody;g) use encryption to protect PII in its custody; and
h) not sell, use, or disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by others for marketing or commercial purpose, or permit another party to do so. Third party contractors may release PII to subcontractors engaged to perform the contractor’s obligations, but such subcontractors must abide by data protection obligations of state and federal law, and the contract with the district.
- If the third-party contractor has a breach or unauthorized release of PII, it will promptly notify the district in the most expedient way possible without unreasonable delay but no more than seven calendar days after the breach’s discovery.
C. Third-Party Contractors’ Data Security and Privacy Plan
- The district will ensure that contracts with all third-party contractors include the third- party contractor’s data security and privacy plan. This plan must be accepted by the district.
- At a minimum, each plan will:
a) outline how all state, federal, and local data security and privacy contract
requirements over the life of the contract will be met, consistent with this policy;
b) specify the safeguards and practices it has in place to protect PII;
c) demonstrate that it complies with the requirements of Section 121.3(c) of NYS Ed. Law 2-d;
d) specify how those who have access to student and/or teacher or principal data receive or will receive training on the federal and state laws governing confidentiality of such data prior to receiving access;
e) specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected;
f) specify how the third-party contractor will manage data security and privacy incidents that implicate personally identifiable information including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the district;
g) describe if, how and when data will be returned to the district, transitioned to a successor contractor, at the district’s direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires.
D. Training – The district will provide annual training on data privacy and security awareness to all employees who have access to student and teacher/principal PII.
E. Reporting – Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of student or teacher/principal PII maintained by the district will be promptly reported to the Data Protection Officer, the Superintendent and the Board of Education.
F. Notifications – The Data Protection Officer will report every discovery or report of a breach or unauthorized release of student, teacher or principal PII to the State’s Chief Privacy Officer without unreasonable delay, but no more than 10 calendar days after such discovery. The district will notify affected parents, eligible students, teachers and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release or third-party contractor notification. However, if notification would interfere with an ongoing law enforcement investigation, or cause further disclosure of PII by disclosing an unfixed security vulnerability, the district will notify parents, eligible students, teachers and/or principals within seven calendar days after the security vulnerability has been remedied, or the risk of interference with the law enforcement investigation ends. The Superintendent, in consultation with the Data Protection Officer, will establish procedures to provide notification of a breach or unauthorized release of student, teacher or principal PII, and establish and communicate to parents, eligible students, and district staff a process for filing complaints about breaches or unauthorized releases of student and teacher/principal PII.
II. “Private Information” under State Technology Law §208
- Private information” is defined in State Technology Law §208, and includes certain types of information, outlined in the accompanying regulation, which would put an individual at risk for identity theft or permit access to private accounts. “Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation.
- Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of “private information” maintained by the district must be promptly reported to the Superintendent and the Board of Education.
- The Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, to establish regulations which:
1. Identify and/or define the types of private information that is to be kept secure;
2. Include procedures to identify any breaches of security that result in the release of private information; and
3. Include procedures to notify persons affected by the security breach as required by law.
III. Employee “Personal Identifying Information” under Labor Law § 203-d
- Pursuant to Labor Law §203-d, the district will not communicate employee “personal identifying information” to the general public.
- This includes:
1. social security number;
2. home address or telephone number;
3. personal email address;
4. Internet identification name or password;
5. parent’s surname prior to marriage; and
6. drivers’ license number.
- In addition, the district will protect employee social security numbers in that such numbers will not be:
1. publicly posted or displayed;
2. visibly printed on any ID badge, card or time card;
3. placed in files with unrestricted access; or
4. used for occupational licensing purposes.
- Employees with access to such information will be notified of these prohibitions and their obligations.
1120, District Records | 5500, Student Records | 8630, Computer Resources and Data Management
State Technology Law §§201-208 | Labor Law §203-d | Education Law §2-d 8 | NYCRR Part 121
Adopted June 2020
The Burnt Hills-Ballston Lake Central School District, in recognition of the risk of identity theft and unwarranted invasion of privacy, affirms its commitment to safeguarding student personally identifiable information (PII) in educational records from unauthorized access or disclosure in accordance with State and Federal law. The Burnt Hills-Ballston Lake Central School District establishes the following parental bill of rights:
- Student PII will be collected and disclosed only as necessary to achieve educational purposes in accordance with State and Federal Law. Specifically, parents are assured:
- 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.’
District policy P5500 provides the following definitions:
- Legitimate Educational Interest: a school official has a legitimate educational interest if they need to review a student’s record in order to fulfill their professional responsibilities;
- 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 their tasks.
- 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 P5500) 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.
- 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.
- that a student’s personally identifiable information cannot be sold or released for any marketing or commercial purposes by the district or any a third party contractor. The district will not sell student personally identifiable information. The district will not release it for marketing or commercial purposes, other than directory information released by the district in accordance with district policy;
- Parents have the right to inspect and review the complete contents of their child’s education record (for more information about how to exercise this right, see AR5500); Parents have the right to request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
- State and federal laws, such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, protect the confidentiality of students’ personally identifiable information. Specifically,
- Parents have the right to 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
- Parents have the right to 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.
- State and federal laws, such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, protect the confidentiality of students’ personally identifiable information. Specifically,
- Safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred;
- A complete list of all student data elements collected by the State Education Department is available for public review at http://nysed.gov.data-privacy-security or by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
- Parents have the right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints should be directed to the district’s Data Protection Officer. Complaints can also be directed to the New York State Education Department online at http://nysed.gov.data-privacy-security, by mail to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234 or by email to email@example.com or by telephone at 5178-474-0937.
- Parents have the right to be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.
- Parents can expect that educational agency workers who handle PII will receive annual training on applicable federal and state laws, regulations, educational agency’s policies and safeguards which will be in alignment with industry standards and best practices to protect PII.
- In the event that the District engages a third party provider to deliver student educational services, the contractor or subcontractors will be obligated to adhere to State and Federal Laws to safeguard student PII. Parents can request information about third party contractors by contacting the district’s Data Protection Officer (see www.bhbl.org).
- In the course of complying with its obligations under the law and providing educational services to District residents, the Burnt Hills-Ballston Lake Central School District has entered into agreements with certain third-party contractors. Pursuant to these agreements, third-party contractors may have access to “student data” and/or “teacher or principal data,” as those terms are defined by law and regulation. For each contract or other written agreement that the District enters into with a third-party contractor where the third-party contractor receives student data or teacher or principal data from the District, the following supplemental information will be included in the contract and published on the District Web Page:
- The exclusive purposes for which the student data or teacher or principal data will be used by the third-party contractor, as defined in the contract;
- How the third-party contractor will ensure that the subcontractors, or other authorized persons or entities to whom the third-party contractor will disclose the student data or teacher or principal data, if any, will abide by all applicable data protection and security requirements, including but not limited to those outlined in applicable laws and regulations (e.g., FERPA; Education Law Section 2-d);
- The duration of the contract, including the contract’s expiration date, and a description of what will happen to the student data or teacher or principal data upon expiration of the contract or other written agreement (e.g., whether, when, and in what format it will be returned to the District, and/or whether, when, and how the data will be destroyed);
- If and how a parent, student, eligible student, teacher, or principal may challenge the accuracy of the student data or teacher or principal data that is collected;
- Where the student data or teacher or principal data will be stored, described in a manner as to protect data security, and the security protections taken to ensure the data will be protected and data privacy and security risks mitigated; and
- Address how the data will be protected using encryption while in motion and at rest.Adopted June 2020
This regulation addresses information and data privacy, security, breach and notification requirements for student and teacher/principal personally identifiable information under Education Law §2-d, as well as private information under State Technology Law §208.
The district will inventory its computer programs and electronic files to determine the types of information that is maintained or used by the district, and review the safeguards in effect to secure and protect that information.
I. Student and Teacher/Principal “Personally Identifiable Information” under Education Law §2-d
“Biometric record,” as applied to student PII, means one or more measurable biological or behavioral characteristics that can be used for automated recognition of person, which includes fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting.
“Breach” means the unauthorized acquisition, access, use, or disclosure of student PII and/or teacher or principal PII by or to a person not authorized to acquire, access, use, or receive the student and/or teacher or principal PII.
“Disclose” or Disclosure mean to permit access to, or the release, transfer, or other communication of PII by any means, including oral, written, or electronic, whether intended or unintended.
“Personally Identifiable Information” (PII) as applied to students means the following information for district students:
- the student’s name;
- the name of the student’s parent or other family members;
- the address of the student or student’s family;
- a personal identifier, such as the student’s social security number, student number, or biometric record;
- other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
- other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
- information requested by a person who the district reasonably believes knows the identity of the student to whom the education record relates.
“Personally Identifiable Information” (PII) as applied to teachers and principals means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.
“Third-Party Contractor” means any person or entity, other than an educational agency (i.e., a school, school district, BOCES or State Education Department), that receives student or teacher/principal PII from the 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 the educational agency, or audit or evaluation of publicly funded programs. This includes an educational partnership organization that receives student and/or teacher/principal PII from a school district to carry out its responsibilities pursuant to Education Law §211-e (for persistently lowest achieving schools or schools under registration review) and is not an educational agency. This also includes a not-for-profit corporation or other nonprofit organization, other than an educational agency.
B. Complaints of Breaches or Unauthorized Releases of PII
If a parent/guardian. eligible student, teacher, principal or other district employee believes or has evidence that student or teacher/principal PII has been breached or released without authorization, they must submit this complaint in writing to the district. Complaints may be received by the Data Protection Officer, but may also be received by any district employee, who must immediately notify the Data Protection Officer. This complaint process will be communicated to parents, eligible students, teachers, principals, and other district employees.
The district will acknowledge receipt of complaints promptly, commence an investigation, and take the necessary precautions to protect personally identifiable information.
Following its investigation of the complaint, the district will provide the individual who filed a complaint with its findings within a reasonable period of time. This period of time will be no more than 60 calendar days from the receipt of the complaint.
If the district requires additional time, or if the response may compromise security or impede a law enforcement investigation, the district will provide individual who filed a complaint with a written explanation that includes the approximate date when the district will respond to the complaint.
The district will maintain a record of all complaints of breaches or unauthorized releases of student data and their disposition in accordance with applicable data retention policies, including the Records Retention and Disposition Schedule ED-1.
C. Notification of Student and Teacher/Principal PII Breaches
If a third-party contractor has a breach or unauthorized release of PII, it will promptly notify the Data Protection Officer in the most expedient way possible, without unreasonable delay, but no more than seven calendar days after the breach’s discovery.
The Data Protection Officer will then notify the State Chief Privacy Officer of the breach or unauthorized release no more than 10 calendar days after it receives the third-party contractor’s notification using a form or format prescribed by the State Education Department.
The Data Protection Officer will report every discovery or report of a breach or unauthorized release of student, teacher or principal data to the Chief Privacy Officer without unreasonable delay, but no more than 10 calendar days after such discovery.
The district will notify affected parents, eligible students, teachers and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release or third-party contractor notification.
However, if notification would interfere with an ongoing law enforcement investigation or cause further disclosure of PII by disclosing an unfixed security vulnerability, the district will notify parents, eligible students, teachers and/or principals within seven calendar days after the security vulnerability has been remedied or the risk of interference with the law enforcement investigation ends.
Notifications will be clear, concise, use language that is plain and easy to understand, and to the
extent available, include:
- a brief description of the breach or unauthorized release,
- the dates of the incident and the date of discovery, if known;
- a description of the types of PII affected;
- an estimate of the number of records affected;
- a brief description of the district’s investigation or plan to investigate; and
- contact information for representatives who can assist parents or eligible students with additional questions.
Notification must be directly provided to the affected parent, eligible student, teacher or principal by first-class mail to their last known address; by email; or by telephone.
Where a breach or unauthorized release is attributed to a third-party contractor, the third-party contractor will pay for or promptly reimburse the district for the full cost of such notification.
The unauthorized acquisition of student social security numbers, student ID numbers, or biometric records, when in combination with personal information such as names or other identifiers, may also constitute a breach under State Technology Law §208 if the information is not encrypted, and the acquisition compromises the security, confidentiality, or integrity of personal information maintained by the district. In that event, the district is not required to notify affected people twice, but must follow the procedures to notify state agencies under State Technology Law §208 outlined in section II of this regulation.
II. “Private Information” under State Technology Law §208
“Private information” means either:
1. personal information consisting of any information in combination with any one or more of the following data elements, when either the data element or the personal information plus the data element is not encrypted or encrypted with an encryption key that has also been accessed or acquired:
- Social security number;
- Driver’s license number or non-driver identification card number;
- Account number, credit or debit card number, in combination with any required security code, access code, password or other information which would permit access to an individual’s financial account;
- account number or credit or debit card number, if that number could be used to access a person’s financial account without other information such as a password or code; or
- biometric information (data generated by electronic measurements of a person’s physical characteristics, such as fingerprint, voice print, or retina or iris image) used to authenticate or ascertain a person’s identity; or
2. a username or email address, along with a password, or security question and answer, that would permit access to an online account.
“Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;
“Breach of the security of the system” means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.
B. Procedure for Identifying Security Breaches
In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the district will consider:
- indications that the information is in the physical possession and control of an unauthorized person, such as removal of lost or stolen computer, or other device containing information;
- indications that the information has been downloaded or copied;
- indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported; and/or
- any other factors which the district shall deem appropriate and relevant to such determination.
C. Notification of Breaches to Affected Persons
Once it has been determined that a security breach has occurred, the district will take the following steps:
- If the breach involved computerized data owned or licensed by the district, the district will notify those New York State residents whose private information. was, or is reasonably believed to have been accessed or acquired by a person without valid authorization. The disclosure to affected individuals will be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and to restore the integrity of the system. The district will consult with the New York State Office of Information Technology Services to determine the scope of the breach and restoration measures.
- If the breach involved computer data maintained by the district, the district will notify the owner or licensee of the information of the breach immediately following discovery, if the private information was or is reasonably believed to have been accessed or acquired by a person without valid authorization. The required notice will include (a) district contact information, (b) a description of the categories information that were or are reasonably believed to have been accessed or acquired without authorization, (c) which specific elements of personal or private information were or are reasonably believed to have been acquired and (d) the telephone number and website of relevant state and federal agencies that provide information on security breach response and identity theft protection and prevention. This notice will be directly provided to the affected individuals by either:
- Written notice
- Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and that the district keeps a log of each such electronic notification. In no case, however, will the district require a person to consent to accepting such notice in electronic form as a condition of establishing a business relationship or engaging in any transaction.
- Telephone notification, provided that the district keeps a log of each such telephone notification.
However, if the district can demonstrate to the State Attorney General that (a) the cost of providing notice would exceed $250,000; or (b) that the number of persons to be notified exceeds 500,000; or (c) that the district does not have sufficient contact information, substitute notice may be provided. Substitute notice would consist of all of the following steps:
- E-mail notice when the district has such address for the affected individual;
- Conspicuous posting on the district’s website, if they maintain one; and
- Notification to major media.
However, the district is not required to notify individuals if the breach was inadvertently made by individuals authorized to access the information, and the district reasonably determines the breach will not result in misuse of the information, or financial or emotional harm to the affected persons. The district will document its determination in writing and maintain it for at least five years, and will send it to the State Attorney General within ten days of making the determination.
Additionally, if the district has already notified affected persons under any other federal or state laws or regulations regarding data breaches, including the federal Health Insurance Portability and Accountability Act, the federal Health Information Technology for Economic and Clinical Health (HI TECH) Act, or New York State Education Law §2-d, it is not required to notify them again. Notification to state and other agencies is still required.
D. Notification to State Agencies and Other Entities
Once notice has been made to affected New York State residents, the district shall notify the State Attorney General, the State Department of State, and the State Office of Information Technology Services as to the timing, content, and distribution of the notices and approximate number of affected persons.
If more than 5,000 New York State residents are to be notified at one time, the district will also notify consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. A list of consumer reporting agencies will be furnished, upon request, by the Office of the State Attorney General.
If the district is required to notify the U.S. Secretary of Health and Human Services of a breach of unsecured protected health information under the federal Health Insurance Portability and Accountability Act (HIPAA) or the federal Health Information Technology for Economic and Clinical Health (HI TECH) Act, it will also notify the State Attorney General within five business days of notifying the Secretary.
Adopted June 2020
The Board of Education encourages teachers and other employees to publish materials. When materials for publication are not related to the school district, the Board of Education has no involvement. When materials for publication relate to school district activities or persons, they should be submitted to the Superintendent of Schools for his/her review prior to publication. No district employee has the right to represent his/her views as those of the school district.
SOFTWARE USE AND COPYRIGHT LAWS
It is the intent of the Burnt Hills Ballston Lake Central Schools to adhere to the provisions of such federal copyright laws and fair use standards as apply to the use of microcomputer software. It is further the intent of the District to comply with all license agreements contained in the software packages used in the district.
The District recognizes that unauthorized duplication of computer software is a major problem for the industry and that violations of copyright laws contribute to higher costs and greater efforts to prevent copying and/or lessen incentives for the development of good educational software. Therefore, in an effort to prohibit violation of copyright laws, the Board of Education establishes the following software use and copy guidelines:
Use of Software
- Only software which falls into the following categories shall be used in the District:
- software in the public domain.
- software purchased by the District for which a record of a bona fide purchase exists.
- software covered by a licensing agreement with the software author(s), vendor or developer for which a written record is on file with the District Instructional Technology Coordinator.
- software donated to the District for which a written record of a bona fide contribution is on file with the District Instructional Technology Coordinator.
- software purchased by the user who can produce on demand a record of a bona fide purchase, or loaned to the user for which the user can produce on demand a record of a bona fide purchase maintained by the owner.
- software being reviewed for possible purchase for which a purchase order is available.
- software written or developed by school district employees or students.
- In the absence of a license or agreement that explicitly allows it, multiple software loading or booting software from one disk into multiple machines at the same time is strictly prohibited by anyone using District software or hardware.
- In the absence of a license or agreement that explicitly allows it, loading software on a local area network is strictly prohibited by anyone using District software or hardware.
- The District Instructional Technology Coordinator and the Superintendent of Schools, or his/her designee, are the only individuals who may sign license agreements for software use in the District. Each school within the District using licensed software will have a signed copy of such software agreements on file in the main office of the school.
- All questions concerning the use and copying of District software shall be referred to the District Instructional Technology Coordinator or the Superintendent of Schools.
- Under no circumstance shall unauthorized copies of copyrighted software be made or used on school equipment. Individuals who violate this policy shall be personally liable for the infringement of the copyright laws, as such violation is specifically prohibited by the District.
Copying of Software
- Educators and students in all classes or areas where software is used in the District will be instructed in the legal, ethical, and practical implications of software piracy.
- District employees will be informed that they are expected to adhere to section 117 of the 1976 Copyright Act as amended in 1980 governing the copying of software. This provides for authorized copying of computer software only when: a. the new copy is created as an essential step in the utilization of the computer program b. the new copy is for backup or archival purposes. Additional copies shall not be made for any reason unless authorized by this policy.
- When written permission is obtained from the copyright holder to use software on a disk- sharing system or local area network, efforts will be made to assure that software will not be further copied.
- The Principal at each school site is responsible for the enforcement of this policy in his/her building.
Reviewed April 1997 | Renumbered from P1150 – September 2015 | Revised March 2004 | Renumbered from P6630 – September 2015
The District shall purchase insurance coverage necessary to protect the district to an optimum extent from loss of property and judgments and awards arising out of liability claims. Records of all insurance policies shall be kept in the central office by the Assistant Superintendent for Support Services. The Board of Education shall periodically select a broker, on the basis of competitive bidding, who shall advise it in the administration of the insurance program. All actions involving the purchase of insurance shall be subject to Board approval.
The Superintendent shall have general knowledge of the provisions of all insurance policies carried by the District. At the time of accident or loss, he/she shall see that necessary action is taken to protect the interests of the school district.
The Board shall purchase with district funds the type and amount of insurance to protect itself as a corporate body, its individual members, its appointed officers, and its employees from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to any person or accidental damage to the property of any person within or outside of the school buildings while the above-named insured are acting in the discharge of their duties within the scope of their employment and/or under the direction of the Board. Such purchase will take into account the price of insurance, appropriate deductible and other relevant factors.
Premiums for such accident insurance as is deemed appropriate for students in grades kindergarten through twelve, participating in interscholastic, intramural, and physical education sports activities, or while engaged in practice preparation for such games, sports, or contests will be paid from the General Fund.
The Assistant Superintendent for Support Services shall annually review the insurance program for the purpose of recommending to the Superintendent of Schools and the Board adjustments in coverage resulting from, but not limited to, expansion of the District’s risks, relevant new laws, and superseding conditions which make changes in coverage appropriate.
The Board of Education shall purchase with district funds the type and amount of insurance necessary to protects its employees and the school district taxpayers.
The Board of Education shall purchase with district funds the type and amount of insurance necessary to protect itself as a corporate body, its individual members, its appointed officers, and its employees from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in injury to any person or in property damage within or without the school buildings while the above named insured are acting in the discharge of their duties within the scope of their employment and/or under the direction of the Board.
The Board of Education will purchase with district funds the type and amount of fire insurance necessary to protect itself, its employees and the school district taxpayers against unwarranted loss and expense of replacing plant and equipment due to fire or other natural disaster usually covered by insurance including what is known as extended coverage.
Where it shall be deemed necessary, the District shall also be protected against financial loss through the purchase with district funds of insurance covering losses caused by boiler or pressure vessel explosion, theft, or burglary, employee embezzlement, and other losses which may be occasioned by the nature of the educational process, plant and equipment.
Appraisal of Plant and Equipment
The Board of Education will maintain current plant and equipment valuations for fire and extended coverage insurance purposes. Such valuations shall be made by qualified appraisers either as independent contractors or representatives of insurance carriers.
Revised January 2008 | Renumbered from P7510 – September 2015 | Revised January 2008 | Renumbered from P7530 – September 2015
The District will purchase and maintain appropriate liability insurance to protect the members of the Board of Education and school employees against liability incurred while exercising their official powers or performing their duties.
Reviewed March 2008 | Renumbered from P9550 – September 201
The Board of Education will direct the Superintendent of Schools to develop and implement both immediate and long-range plans designed to conserve district energy resources.
The Assistant Superintendent for Support Services will make recommendations for operations and maintenance procedures, as well as any capital expenditures necessary to achieve maximum cost efficiency of all district energy use. He/She will work with the Superintendent to develop contingency plans in the event of an energy shortage.
The Board will apply for any applicable grants to initiate and/or sustain its energy conservation program.
Reviewed January 2008 | Renumbered from P7560 – September 2015
The Assistant Superintendent for Support Services will be responsible for managing district resources through programs relating to insurances, data collection and distribution, recycling, energy management, and the retention and preservation of District records.
Reviewed January 2008 | Renumbered from P7500 – September 2015
The Board of Education recognizes that the problem of solid waste disposal directly affects our environment and the quality of life-sustaining resources. The Board also believes that one function of the schools is to set an example in the stewardship of our natural resources and to develop responsible citizenship in students. Therefore, the district will act to make resource conservation an integral part of the physical operations of the district.
In its effort to improve and encourage responsible solid waste management in the school and in the community, the Board supports a program of recycling and reuse of such waste materials. The Assistant Superintendent for Support Services will develop and implement a district-wide recycling program which will take into consideration the following:
- resource conservation, including waste reduction, and encouraging the use of all products to their fullest extent prior to disposal;
- minimization of the use of non-biodegradable products whenever possible;
- a differentiation between biodegradable and non-biodegradable waste materials;
- separation of waste materials into categories for recycling (i.e., paper, glass, aluminum, iron, plastic, etc.) and delivery of such materials to an appropriate recycling agency in cooperation with recycling efforts in the community;
- whenever financially viable, the purchase and/or use of recycled products; and
- participation of district students and staff on all levels in the recycling program. Such participation shall take into consideration any appropriate health, safety, and risk management concerns.
Policy approved: July 1993 | Renumbered from P7550 – September 2015