5110 BUDGET PLANNING AND DEVELOPMENT
Budget planning and development for the District is an integral part of program planning so that the annual operating budget may effectively express and implement programs and activities of the District. Budget planning is a year-round process involving participation of District-level administrators, principals, directors, coordinators, teachers, and other personnel. The process of budget planning and development will allow for community input and opportunities for public information and feedback.
The Superintendent has overall responsibility for budget preparation, including the construction of and adherence to a budget calendar. Program managers will develop and submit budget requests for their particular areas of responsibility after seeking the advice and suggestions of staff members.
Principals will develop and submit budget requests for their particular schools in conjunction with the advice and suggestions of staff members and their own professional judgment. Each school’s budget request will be the principal’s recommendation as to the most effective way to use available resources in achieving progress toward the approved educational objectives of the school. Program budgets and school budgets will reflect state and/or federal requirements, special sources of funding, and District objectives and priorities.
The Board will give consideration to budget requests, and will review allocations for appropriateness and for their consistency with the District’s educational priorities.
All budget documents for distribution to the public will be in plain language and organized in a manner which best promotes public comprehension of the contents. Documents will be complete, and accurate, and contain sufficient detail to adequately inform the public regarding data such as estimated revenues, proposed expenditures, transfers to other funds, fund balance information, and changes in this information from the prior year’s submitted budget.
In accordance with Commissioner’s regulations, the budget will be presented in three components which are to be voted upon as one proposition. The law prescribes the types of items to be included in each component and further prescribes that all relevant costs be included in the component.
a) A program component which will include, but need not be limited to, all program expenditures of the District, including the salaries and benefits of teachers and any school administrators or supervisors who spend a majority of their time performing teaching duties, and all transportation operating expenses;
b) A capital component which will include, but need not be limited to, all transportation capital, debt service, and lease expenditures; costs resulting from judgments and tax certiorari proceedings or the payment of awards from court judgments, administrative orders or settled or compromised claims; and all facilities costs of the District, including facilities lease expenditures, the annual debt service and total debt for all facilities financed by bonds and notes of the District, and the costs of construction, acquisition, reconstruction, rehabilitation or improvement of school buildings, provided that such budget will include a rental, operations, and maintenance section that includes base rent costs, total rent costs, operation and maintenance charges, cost per square foot for each facility leased by the District, and any and all expenditures associated with custodial salaries and benefits, service contracts, supplies, utilities, and maintenance and repairs of school facilities; and
c) An administrative component which will include, but need not be limited to, office and central administrative expenses, traveling expenses and all compensation, including salaries and benefits of all school administration and supervisors, business administrators, superintendents of schools and deputy, assistant, associate or other superintendents under all existing employment contracts or collective bargaining, any and all expenditures associated with the operation of the Office of the Board, the Office of the Superintendent, General Administration, the School Business Office, consulting costs not directly related to direct student services and programs, planning, and all other administrative activities.
Additionally, the Board will append to the proposed budget the following documents:
a) A detailed statement of the total compensation to be paid to the Superintendent, and any Assistant or Associate Superintendent in the ensuing school year, including a delineation of the salary, annualized cost of benefits and any in-kind or other form of remuneration;
b) A list of all other school administrators and supervisors, if any, whose annual salary for the coming school year will be at or above that designated in law for such reporting purposes, with the title of their positions and annual salary identified;
c) A School District Report Card, prepared pursuant to Commissioner’s regulations, which includes measures of the academic performance of the District, on a school by school basis, and measures of the fiscal performance of the District (see subheading School District Report Card);
d) A Property Tax Report Card prepared in accordance with law and Commissioner’s regulations (see subheading Property Tax Report Card); and
e) A Tax Exemption Report prepared in accordance with law (see subheading Tax Exemption Report).
The Board will ensure that unexpended surplus funds (i.e., operating funds in excess of 4% of the current school year budget, not including funds properly retained under other sections of law) have been applied in determining the amount of the school tax levy.
The proposed budget for the ensuing school year will be reviewed by the Board and publicly disseminated, in accordance with law, prior to its submission to District voters for approval.
District funds may be expended to inform the public regarding the annual budget and to present the annual budget to District voters; however, these funds will not be utilized to promote either a favorable or negative opinion of the proposed budget.
School District Report Card
Each year the District will supply data as required by the State Education Department (SED) and will receive a School District Report Card, sometimes referred to as a New York State Report Card. These provide enrollment, demographic, attendance, suspension, dropout, teacher, assessment, accountability, graduation rate, post-graduation plan, career and technical education, and fiscal data for public and charter schools, districts, and the state. The School District Report Cards consist of three parts:
a) Accountability and Overview Report – shows District or school profile data, accountability statuses, data on accountability measures such as ELA, Math, and Science scores, and graduation rates.
b) Comprehensive Information Report – shows non-accountability data such as annual Regents examination results and post-graduate plans of students completing high school.
c) Fiscal Accountability Supplement – shows expenditures per pupil and some information about placement and classification of students with disabilities.
School District Report Cards are also available online at the SED website.
Property Tax Report Card
Each year, the Board will prepare a Property Tax Report Card, pursuant to Commissioner’s regulations, and will make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required by law, making it available for distribution at the Annual Meeting, and otherwise disseminating it as required by the Commissioner.
The Property Tax Report Card will include:
a) The amount of total spending and total estimated school tax levy that would result from adoption of the proposed budget, and the percentage increase or decrease in total spending and total school tax levy from the District budget for the preceding school year; and
b) The projected enrollment growth for the school year for which the budget is prepared, and the percentage change in enrollment from the previous year; and
c) The percentage increase in the average of the Consumer Price Indexes from January first of the prior school year to January first of the current school year as defined in Education Law; and
d) The projected amount of the adjusted unrestricted fund balance that will be retained if the proposed budget is adopted; the projected amount of the adjusted restricted fund balance; the projected amount of the assigned appropriated fund balance; the percentage of the proposed budget that the adjusted unrestricted fund balance represents; the actual adjusted unrestricted fund balance retained in the District budget for the preceding school year; the percentage of the District budget for the preceding school year that the actual adjusted unrestricted fund balance represents; and a schedule of reserve funds setting forth the name of each reserve fund, a description of its purpose, the balance as of the close of the third quarter of the current fiscal year, and a brief statement explaining any plans for the use of each reserve fund for the ensuing fiscal year; and
e) The District’s school tax levy limit calculation. The District will submit its school tax levy limit calculation to the Office of the State Comptroller, SED, and the Office of Taxation and Finance by March 1 annually. If a voter override of the tax levy limit is necessary, the budget vote must be approved by 60% of the District’s qualified voters present and voting.
A copy of the Property Tax Report Card prepared for the Annual District Meeting will be submitted to SED in the manner prescribed by the Department by the end of the business day next following approval of the Property Tax Report Card by the Board, but no later than 24 days prior to the statewide uniform voting day (i.e., the third Tuesday in May).
SED will compile such data for all school districts whose budgets are subject to a vote of the qualified voters, and will make this compilation available electronically at least ten days prior to the statewide uniform voting day. Links to each school year’s Property Tax Report Card can be found on SED’s official website.
Tax Exemption Report
A Tax Exemption Report will be annexed to any tentative or preliminary budget and will become part of the final budget. This report will be on the form as prescribed by the State Board of Real Property Services and will show the following:
a) How much of the total assessed value of the final assessment roll(s) used in the budgetary process is exempt from taxation;
b) Every type of exemption granted as identified by statutory authority;
c) The cumulative impact of each type of exemption expressed either as a dollar amount of assessed value or as a percentage of the total assessed value on the roll;
d) The cumulative amount expected to be received from recipients of each type of exemption as payments in lieu of taxes or other payments for municipal services; however, individual recipients are not to be named; and
e) The cumulative impact of all exemptions granted.
Notice of this report will be included in any notice of the preparation of the budget required by law and will be posted on any bulletin board maintained by the District for public notices as well as on any website maintained by the District.
Education Law §§ 1608(3)-(7), 1716(3)-(7), 2022(2-a), 2023-a, 2601-a(3), and 2601-a(7)
General Municipal Law § 36
Real Property Tax Law §§ 495 and 1318(l)
8 NYCRR §§ 170.8, 170.9, and 170.11
State Education Department Handbook No. 3 on Budget
Adoption Date: May 23, 2022
5120 SCHOOL DISTRICT BUDGET HEARING
The Board will hold an Annual Budget Hearing, in accordance with law, so as to inform and present to District residents a detailed written statement regarding the District’s estimated expenditures and revenue for the upcoming school year prior to the budget vote which is taken at the Annual District Meeting and Election.
The Budget Hearing will be held not less than seven nor more than 14 days prior to the Annual District Meeting and Election or Special District Meeting at which the budget vote will occur. The proposed budget will be completed at least seven days prior to the budget hearing at which it is to be presented.
Notice of the date, time, and place of the annual budget hearing and other required information will be included in the notice of the Annual Meeting and Election and/or Special District Meeting as required by law.
Dissemination of Budget Information
Copies of the proposed annual operating budget for the succeeding year and all required attachments may be obtained by any District resident. Requests for copies of the proposed budget should be made at least seven days before the budget hearing. Copies will be prepared and made available at the school district office, public or associate libraries within the district, and on the district website, if one exists. Copies will be available to district residents during the 14-day period immediately preceding the Annual Meeting and Election or Special District Meeting at which the budget vote will occur. Additionally, the Board will include notice of the availability of copies of the budget at least once during the school year in any District-wide mailing.
Budget Notice
The District Clerk will mail a School Budget Notice to all qualified voters of the District after the date of the Budget Hearing, but no later than six days prior to the Annual Meeting and Election or Special District Meeting at which a school budget vote will occur. The Budget Notice will compare the percentage increase or decrease in total spending under the proposed budget over total spending under the District budget adopted for the current school year, with the percentage increase or decrease in the Consumer Price Index from January first of the prior school year to January first of the current school year.
The District will also include in the notice:
a) The school tax levy limit;
b) The proposed school year tax levy (without permissible exclusions to the school tax levy limit);
c) The total permissible exclusions; and
d) The proposed school year tax levy (including permissible exclusions to the school tax levy limit).
The Notice will also include, in a manner and format prescribed by the Commissioner of Education, a comparison of the tax savings under the basic school tax relief (STAR) exemption and the increase or decrease in school taxes from the prior year, and the resulting net taxpayer savings for a hypothetical home within the District with a full value of $100,000 under the existing District budget as compared with savings under the proposed budget.
The Notice will also set forth the date, time, and place of the school budget vote in the same manner as in the Notice of the Annual Meeting. The School Budget Notice will be in a form prescribed by the Commissioner of Education.
Notice of Budget Hearing/Availability of Budget Statement:
Education Law §§ 1608(2), 1716(2), 2003(1), 2004(1), 2023-a, and 2601-a(2)
Election and Budget Vote:
Education Law §§ 1804(4), 1906(1), 2002(1), 2017(5), 2017(6), 2022(1), 2023-a, and 2601-a(2)
Budget Development and Attachments:
Education Law §§ 1608(3), 1608(4), 1608(5), 1608(6), 1608(7), 1716(3), 1716(4), 1716(5), 1716(6), 1716(7), 2022(2-a), 2023-a, and 2601-a(3)
8 NYCRR §§ 100.2(bb), 170.8, and 170.9
Adoption Date: May 23, 2022
5130 BUDGET ADOPTION
The Board will review the recommended budget of the Superintendent and seek public input and feedback regarding the recommended budget including, but not limited to, holding a public budget hearing not less than seven nor more than 14 days prior to the Annual District Meeting and Election at which the budget vote is to occur. The Board may modify the recommended budget of the Superintendent prior to its submission to District voters. Final authorization of the proposed budget is dependent upon voter approval unless a contingency budget is adopted by the Board.
In the event the original proposed budget is not approved at the Annual District Meeting and Election, the Board may resubmit the original proposed budget or a revised budget for voter approval, or individual propositions may be placed before District voters, at a special meeting held on the third Tuesday of June. If the voters fail to approve the second budget submittal, or budget proposition(s), or if the Board elects not to put the proposed budget to a public vote a second time, the Board must adopt a contingency budget with a tax levy that is no greater than the prior year’s levy.
The District budget for any school year, or any part of such budget, or any proposition(s) involving the expenditure of money for that school year, will not be submitted for a vote of the qualified District voters more than twice.
The District budget, once adopted, becomes the basis for establishing the tax levy on real property within the District. The District will post its final annual budget and any multi-year financial plan adopted by the Board on its website.
Education Law §§ 1608, 1716, 1804(4), 1906(1), 2002(1), 2003(1), 2004(1), 2007(3)(b), 2022, 2023, 2023-a, and 2601-a
8 NYCRR §§ 100.2(bb), 170.8, and 170.9
Adoption Date: May 23, 2022
5140 ADMINISTRATION OF THE BUDGET
The Superintendent, working in conjunction with the administrative staff, is responsible to the Board for the administration of the budget. This includes, but is not limited to:
a) Acquainting District employees with the final provisions of the program budget and guiding them in planning to operate efficiently and economically within these provisions.
b) Providing direction to the District in maintaining those records of accounting control as are required by the New York State Uniform System of Accounts for School Districts, the Board, and other procedures, as are deemed necessary.
c) Keeping the various operational units informed through periodic reports as to the status of their individual budgets.
Unless otherwise provided by law, no claim against the District will be paid unless such claims have been audited and approved by the Board/Claims Auditor.
Budget Transfers
Within monetary limits as established by the Board, the Superintendent is authorized to transfer funds between and within functional unit appropriations for teachers’ salaries and ordinary contingent expenses. Whenever changes are made, they are to be incorporated in the next Board agenda for informational purposes only.
Statement of the Total Funding Allocation
When required by law, the District will annually submit to the Commissioner of Education and the Director of the Budget a detailed statement of the total funding allocation for each school in the District for the upcoming school budget year. This statement will be in a form developed by the Director of the Budget, in consultation with the Commissioner of Education. This statement will be made publicly available and posted on the District website.
Education Law §§ 1604(35), 1709(20-a), 1711, 1718, 1724, 1950(4)(k), 2508, 2523-2526, 2554(2-a), and 3614
8 NYCRR §§ 170.12(c) and 170.2(l)
Adoption Date: May 23, 2022
5150 CONTINGENCY BUDGET
If the original proposed budget is not approved by District voters at the Annual District Meeting and Election, the Board has the option of either resubmitting the original or revised budget for voter approval at a special meeting held at a later date; or the Board may, at that point, adopt a contingency budget. If the Board decides to submit either the original or a revised budget to the voters for a second time, and the voters do not approve the second budget submittal, the Board must adopt a contingency budget. The tax levy in the contingency budget cannot exceed the total tax levy of the prior year (i.e., there should be 0% levy growth).
The administrative component of the contingency budget is capped at the lesser of:
a) The percent of the administrative component to the total budget in the prior year’s budget, not including the capital component; or
b) The percent that the administrative component comprised in the last proposed defeated budget for the subsequent year, not including, the capital component.
Adoption Date: May 23, 2022
5210 REVENUES
The District Treasurer will have custody of all District funds in accordance with the provisions of state law. The Treasurer will be authorized and directed by the Board to invest the balances available in various District funds in accordance with regulations set forth in state law.
Education Law §§ 1604(a) and 1723(a)
Adoption Date: May 23, 2022
5220 DISTRICT INVESTMENTS
Whenever the District has funds (including operating funds, reserve funds, and proceeds of obligations) that exceed those necessary to meet current expenses, the Board will authorize the Treasurer to invest these funds in accordance with all applicable laws and regulations and in conformity with the guidelines established by this policy.
Objectives
The objectives of this investment policy are four-fold:
a) Investments will be made in a manner so as to safeguard the funds of the District.
b) Bank deposits will be made in a manner so as to safeguard the funds of the District.
c) Investments will be sufficiently liquid so as to allow funds to be available as needed to meet the obligations of the District.
d) Funds will be invested in such a way as to earn the maximum yield possible given the first three investment objectives.
Authorization
The authority to deposit and invest funds is delegated to the Treasurer. These functions will be performed in accordance with the applicable sections of the General Municipal Law and the Local Finance Law of the State of New York.
The Treasurer may invest funds in the following eligible investments:
a) Obligations of the State of New York.
b) Obligations of the United States Government, or any obligations for which principal and interest are fully guaranteed by the United States Government.
c) Time Deposit Accounts placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law. (Banking Law Section 237(2) prohibits a savings bank from accepting a deposit from a local government. This also applies to savings and loan associations.)
d) Transaction accounts (demand deposits) both interest bearing and non-interest bearing that do not require notice of withdrawal placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law.
e) Certificates of Deposits placed in a commercial bank authorized to do business in the State of New York providing the Certificates are collateralized as required by law.
1. Deposits in excess of the amount insured by the Federal Deposit Insurance Corporation will be secured in accordance with subdivision 3 of the General Municipal Law Section 10.
2. The District may, in its discretion, authorize the bank designated for the deposit of District funds to arrange for the redeposit of such funds in one or more banking institutions, for the account of the District, through a deposit placement that meets the conditions set forth in General Municipal Law Section 10(2)(a)(ii).
f) Securities purchased pursuant to a Repurchase Agreement whereby one party purchases securities from a second party and the second party agrees to repurchase those same securities on a specific future date at an agreed rate of return (the interest rate).
Implementation
Using the policy as a framework, regulations and procedures shall be developed which reflect:
a) A list of authorized investments;
b) Procedures including a signed agreement to ensure the District’s financial interest in investments;
c) Standards for written agreements consistent with legal requirements;
d) Procedures for the monitoring, control, deposit and retention of investments and collateral which will be done at least once a month;
e) Standards for security agreements and custodial agreements consistent with legal requirements;
f) Standards for diversification of investments including diversification as to type of investments, and firms and banks with whom the District transacts business; and
g) Standards for qualification of investment agents which transact business with the District including, at minimum, the Annual Report of the Trading Partner.
This policy will be reviewed and re-adopted at least annually or whenever new investment legislation becomes law, as staff capabilities change, or whenever external or internal issues warrant modification.
Education Law §§ 1604-a, 1723-a, 2503(1), and 3652
General Municipal Law §§ 10, 11, and 39
Local Finance Law § 165.00
Public Authorities Law § 2925
Adoption Date: May 23, 2022
5230 ACCEPTANCE OF GIFTS, GRANTS, AND BEQUESTS TO THE DISTRICT
The Board may accept gifts, donations, grants, or bequests (collectively “gifts”) of money, real or personal property, as well as other merchandise that add to the overall welfare of the District, provided that acceptance is in accordance with existing laws and regulations. Donations to the school are fully tax deductible so long as the gift is used exclusively for public purposes in accordance with USC Section 170(c). The Board may refuse any gift that constitutes a conflict of interest, gives an appearance of impropriety, or is not in its best interests. The Board will safeguard the District, the staff, and students from commercial exploitation, from special interest groups, and the like.
The Board will not accept any gifts which will place encumbrances on future Boards, or result in unreasonable additional or hidden costs to the District. The Board may, if it deems it necessary, request that gifts of equipment, facilities, or any item that requires upkeep and maintenance include funds to carry out maintenance for the foreseeable life of the donation.
The Board would prefer the gift or grant to be a general offer rather than a specific one and that the donor/grantor work first with the school administrators in determining the nature of the gift or grant prior to formal consideration for acceptance. However, the Board, in its discretion, may direct the Superintendent of Schools to apply such gift or grant for the benefit of a specific school or school program.
Any gifts or grants of $10,000 or more, donated to the School District and accepted by the Board of Education on behalf of the District, must be by official action and resolution passed by Board majority.
The Board is prohibited, in accordance with the New York State Constitution, from making gifts or charitable contributions with District funds.
Gifts of money to the District will be annually accounted for under the trust and agency account in the bank designated by the Board.
All gifts become District property. A letter of appreciation, signed by the President of the Board and the Superintendent, will be sent to a donor or grantor in recognition of his or her contribution to the District. Letters will be sent in a timely manner and will acknowledge the possible tax deduction available to donors whose gifts qualify under IRS regulations.
New York State Constitution Article 8, § 1
Education Law §§ 1709(12), 1709(12-a) and 1718(2)
General Municipal Law § 805-a(1)
Adoption Date: May 23, 2022
5240 SCHOOL TAX ASSESSMENT AND COLLECTION/PROPERTY TAX EXEMPTIONS
A tax collection plan giving dates of warrant and other pertinent data will be prepared annually and submitted for review and consideration by the School Business Official to the Board. Tax collection will occur by mail or by direct payment to the place designated by the Board.
Senior Citizens
Unless specifically exempted by law, real property used exclusively for residential purposes and owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife or by siblings, one of whom is 65 years of age or over, will be exempt from taxation to the extent of per centum of the assessed valuation determined by the Board if the owners meet the criteria established annually by the Board.
The real property tax exemption of real property owned by husband and wife, when one of them is 65 years of age or over, once granted, will not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.
Education Law § 2130
Public Health Law § 2801
Real Property Tax Law §§ 458-a, 459-c, 466-c, 466-f, 466-g, 466-I, 467, 1300-1342
Adoption Date: May 23, 2022
5250 SALE AND DISPOSAL OF DISTRICT PROPERTY
Sale of School Property
School personal property that is no longer needed for District purposes may be sold upon recommendation of the Superintendent and the approval of the Board. Such sale should be on a bid basis or at public auction when practical, but may also be sold without competitive bidding at a public sale provided that the price received is adequate consideration in light of the item’s fair market value. Any surplus items that cannot be sold may be discarded, destroyed or donated to a not-for-profit corporation. Before the disposal of District surplus items, principals will be asked if they have use for the item.
Surplus personal property may not be given away to private individuals and no Board member, or District officer may purchase District equipment.
Sale of Real Property
The Board may, by resolution, sell real property that is not needed by the District. No referendum shall be required unless a petition containing the signatures of at least ten percent of the qualified voters of the District is filed with the Clerk of the Board within thirty days of the resolution requiring that the question as to the sale of the real property be submitted to the qualified voters. In that event, a vote shall be conducted at an Annual or Special District meeting and the resolution to sell real property shall become effective if approved by the vote of a majority of the qualified voters voting at said District meeting.
Disposition of Obsolete Textbooks
Textbooks may lose their value to the educational program because of changes in the curriculum or because they contain outdated material and/or are in poor condition. The District is authorized to dispose of outdated and obsolete textbooks, and textbooks that have been badly damaged or in other ways made unusable. The alternative procedures for disposal of such textbooks shall be in the following order of preference:
a) Sale of textbooks. If reasonable attempts to dispose of surplus textbooks fail to produce monetary return to the School District; then
b) Donation to charitable organizations; or
c) Disposal as trash.
Proceeds of the Sale
Proceeds of such sales are to be deposited in the appropriate general fund account, and will not be considered as belonging to any particular school. Proceeds of school lunch equipment, purchase with school lunch funds, are to be deposited in the school lunch fund. In the Board’s discretion, net proceeds from the sale of District real property may be used to reduce real property taxes in accordance with the provisions of Education Law §1709(37).
Record Keeping Requirements
All District records relative to the property disposal are to be retained in accordance with State Department of Education records retention schedule.
Education Law §§ 1604(4) and (30) and (36), 1709(9) and (11)
General Municipal Law §§ 51 and 800 et seq.
Comptrollers Opinions 58-120, 60-662 and 82-232
Commissioner’s decision: Matter of Baker, 14 Ed. Dept. Rep. 5 (1975)
Adoption Date: May 23, 2022
5310 BONDING OF EMPLOYEES AND BOARD MEMBERS
In accordance with New York State Education Law and the Commissioner’s regulations, the Board directs that the Treasurer of the Board, the Tax Collector, and the Claims Auditor be bonded prior to assuming their duties. These bonds will be in the amounts as determined and approved by the Board.
Other school personnel and members of the Board authorized or required to handle District revenues may be covered by a blanket undertaking provided by the District in those amounts as approved by the Board based upon the recommendations of the Superintendent or designee.
Education Law §§ 1709(20-a), 1720, 2130(5), 2526 and 2527
Public Officers Law § 11(2)
8 NYCRR § 170.2(d)
Adoption Date: May 23, 2022
5320 EXPENDITURES OF DISTRICT FUNDS
The Board authorizes the Purchasing Agent to expend school funds as appropriated by approved operational and capital budgets, and by the adoption of special resolutions. He or she will make expenditures in accordance with applicable law and in a manner that will achieve the maximum benefit from each dollar expended.
All claims will be properly audited before payment by the Claims Auditor who must attest to the existence of evidence of indebtedness to support the claim.
Complete records of all expenditures will be maintained for future analysis and reporting within the time frame required by the Records Disposition Law or regulation.
Arts and Cultural Affairs Law § 57.19
Education Law §§ 1720 and 2523
8 NYCRR § 185
NOTE: Refer also to Policies #5322 — District Cell Phone Use
#5323 — Reimbursement for Meals/Refreshments
#6161 — Conference/Travel Expense Reimbursement
Adoption Date: May 23, 2022
5322 DISTRICT CELL PHONE USE
A District-owned cell phone will be issued to a District employee when required by that employee’s job duties and as determined by the Superintendent or designee.
Additionally, the following rules will apply regarding the use of a District-owned cell phone:
a) The individual is responsible for any charges beyond the cost of the District plan.
b) The cell phone may not be used by anyone other than the School District employee.
Adoption Date: May 23, 2022
5323 REIMBURSEMENT FOR MEALS/REFRESHMENTS
Travel Outside of District/Emergency Meetings
District officials and employees are entitled to reimbursement for necessary expenses, excluding alcohol, incurred in the performance of their official duties. However, meals of public officers and employees generally should not be reimbursed or paid by the District unless the officer or employee is traveling outside his or her regular work area on official business for an extended period of time, or where events prevent them from taking off during mealtime for food consumption because of a pressing need to complete business. All requests for reimbursement must document who attended the meetings and how the meetings fit these conditions.
Staff or Board Meetings and District Events
The Board recognizes that at certain times it may be appropriate to provide meals and/or refreshments at District meetings and/or events which are being held for an educational purpose. Prior approval of the Superintendent or designee must be obtained for food and beverages provided at meetings or activities which will be charged to the District.
Any such expenditures must be appropriately documented with an itemized receipt and information showing the date and purpose of the meeting, food served, who attended the meetings and why the attendees needed food and/or refreshments to conduct District business. These requirements must be met for meals/refreshments provided by the school lunch fund or local vendors, charged to District credit cards, and/or reimbursed to a District official.
In no case will the costs for meals exceed the current federal per diem meal rates for the geographic area.
NOTE: Refer also to Policy #6161 — Conference/Travel Expense Reimbursement
Adoption Date: May 23, 2022
5410 PURCHASING: COMPETITIVE BIDDING AND OFFERING
Except as otherwise provided by law, all contracts for public work involving an expenditure of more than $35,000 and all purchase contracts involving an expenditure of more than $20,000 will be awarded by the District to the lowest responsible bidder furnishing the required security after advertisement for sealed bids. However, the District may, in its discretion, award purchase contracts on the basis of “best value” to a responsive and responsible bidder or offeror, provided the Board has authorized this action by rule, regulation, or resolution adopted at a public meeting.
No bid or offer will be accepted that does not conform to specifications furnished unless those specifications are waived by Board action. The District may, in its discretion, reject all bids or offers and readvertise for new bids or offers in a manner consistent with New York State law.
All contracts requiring public advertising and competitive bidding or offering will be awarded by resolution of the Board.
Except as authorized by law, no Board member or employee of the District will have an interest in any contract entered into by the District.
Standardization
Upon the adoption of a standardization resolution by a vote of at least 3/5 of all Board members, purchase contracts for a particular type or kind of equipment, materials, or supplies of more than $20,000 may be awarded by the Board to the lowest responsible bidder or offeror furnishing the required security after advertisement for sealed bids in the manner provided in law. This resolution must state that, for reasons of efficiency or economy, there is a need for standardization and must contain a full explanation of those reasons. Upon the adoption of a valid standardization resolution, the District may provide in its specifications for a particular make or brand to the exclusion of others.
“Piggybacking” Exception to Competitive Bidding
The District may, in its discretion, purchase certain goods and services (apparatus, materials, equipment, and supplies) at costs beyond the above-referenced thresholds through the use of contracts let by the United States or any agency thereof, any state, and any county, political subdivision, or district of any state.
This method of procurement is permitted on contracts issued by other governmental entities, provided that the original contract:
a) Has been let by the United States or any agency thereof, any state (including New York State) or any other political subdivision or district;
b) Was made available for use by other governmental entities and agreeable with the contract holder; and
c) Was let in a manner that constitutes competitive bidding consistent with New York State law, or was awarded on the basis of best value, and is not in conflict with other New York State laws.
Annual Review
Periodically, comments concerning the District’s bidding and purchasing policies and procedures will be solicited from those District employees involved in the procurement process.
The Board will annually review its bidding and purchasing policies and procedures. The School Business Official will be responsible for conducting an annual review of such policies and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
General Municipal Law Articles 5-A and 18
State Finance Law §§ 162, 163, and 163-b
Education Law § 305(14)(g)
NOTE: Refer also to Policies #5411 — Procurement of Goods and Services
#5412 — Alternative Formats for Instructional Materials
#5413 — Procurement: Uniform Grant Guidance for Federal Awards
Adoption Date: May 23, 2022
5411 PROCUREMENT OF GOODS AND SERVICES
Purchasing Authority
The District’s purchasing activities will be part of the responsibilities of the Business Office, under the general supervision of the Purchasing Agent designated by the Board. The Purchasing Agent is authorized to enter into cooperative bidding and cooperative purchasing arrangements to meet the various needs of the District. No contracts for goods and services will be made by individuals or organizations in the school that involve expenditures without first securing approval for the contract from the Purchasing Agent.
Except as authorized by law, no Board member or employee of the District will have an interest in any contract entered into by the District.
Purchasing Process
The Board recognizes its responsibility to ensure the development of procedures for the procurement of goods and services not required by law to be made pursuant to competitive bidding requirements. These goods and services will be procured in a manner so as to:
a) Assure the prudent and economical use of public moneys in the best interests of the taxpayer;
b) Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and
c) Guard against favoritism, improvidence, extravagance, fraud, and corruption.
These procedures will contain, at a minimum, provisions which:
a) Prescribe a process for determining whether a procurement of goods and services is subject to competitive bidding and if it is not, documenting the basis for such determination;
b) With certain exceptions, provide that alternative proposals or quotations for goods and services will be secured by use of written request for proposals, written quotations, verbal quotations, or any other method of procurement which furthers the purposes of General Municipal Law Section 104-b;
c) Set forth when each method of procurement will be utilized;
d) Require adequate documentation of actions taken with each method of procurement;
e) Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons;
f) Set forth any circumstances when, or the types of procurement for which, the solicitation of alternative proposals or quotations will not be in the best interest of the District; and
g) Identify the individual or individuals responsible for purchasing and their respective titles. This information will be updated annually.
Any unintentional failure to fully comply with these provisions will not be grounds to void action taken or give rise to a cause of action against the District or any District employee.
The District will develop administrative regulations to establish procedures for the procurement of goods and services.
Professional Services
Professional services are generally those services that require specialized skills, training, professional judgment, expertise, and creativity. Examples include attorneys, architects, and engineers. The procurement of professional services falls within an exception to competitive bidding. In order to procure professional services, the District will use the request for proposals (RFP) process as set forth in General Municipal Law in order to protect the District’s interests and to avoid the appearance of favoritism or impropriety. Although not necessarily bound to select the lowest bidder in response to its RFP, the District will adequately document its selection process to demonstrate its economical and prudent use of public monies and to ensure fair competition.
Education Law §§ 1604, 1709, 1950, 2503, 2554, and 3602
General Municipal Law Articles 5-A and 18
General Municipal Law §§ 104-b and 119-o
NOTE: Refer also to Policies #5410 — Purchasing: Competitive Bidding and Offering
#5412 — Alternative Formats for Instructional Materials
#5413 — Procurement: Uniform Grant Guidance for Federal Awards
Adoption Date: May 23, 2022
5412 ALTERNATIVE FORMATS FOR INSTRUCTIONAL MATERIALS
Preference in the purchase of instructional materials will be given to vendors who agree to provide materials in a usable alternative format (i.e., any medium or format, other than a traditional print textbook, for presentation of instructional materials that is needed as an accommodation for each student with a disability, including students requiring Section 504 Accommodation Plans, enrolled in the District). Alternative formats include, but are not limited to, Braille, large print, open and closed captioned, audio, or an electronic file in an approved format as defined in Commissioner’s regulations.
The District has adopted the National Instructional Materials Accessibility Standard (NIMAS) to ensure that curriculum materials are available in a usable alternative format for students with disabilities. The District will ensure that each student who requires instructional materials in an alternate format will receive it in a timely manner and in a format that meets NIMAS standards.
The District will establish a plan to ensure that instructional materials in a usable alternative format for each student with a disability (including students requiring Section 504 Accommodation Plans) are based upon the student’s educational needs and course selections, and will be available at the same time as those instructional materials are available to non-disabled students.
The Plan will:
a) Specify that the District gives a preference in the purchase of instructional materials it has selected for its students to those vendors who agree to provide such instructional materials in alternative formats;
b) Specify when an electronic file is provided, how the format will be accessed by students and/or how the District will convert to an accessible format;
c) Specify the process to be used when ordering materials to identify the needs of students with disabilities residing in the District for alternative format materials;
d) Specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and
e) Include procedures so that when students with disabilities move into the District during the school year, the process to obtain needed materials in alternative formats for those students is initiated without delay.
20 USC § 1474(e)(3)(B)
8 NYCRR §§ 200.2(b)(9), 200.2(c)(2) and 200.2(i)
Adoption Date: May 23, 2022
5413 PROCUREMENT: UNIFORM GRANT GUIDANCE FOR FEDERAL AWARDS
The District will follow all applicable requirements in the Uniform Grant Guidance (2 CFR Part 200) whenever it procures goods or services using federal grant funds awarded through formula and/or discretionary grants, including funds awarded by the United States Department of Education as grants or funds awarded to a pass-through entity, such as the New York State Education Department, for subgrants.
Uniform Grant Guidance Requirements
Under the Uniform Grant Guidance, the District will, among other things:
a) Use its own documented procurement procedures which reflect applicable state, local and tribal laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in the Uniform Grant Guidance.
b) Establish and maintain effective internal controls that provide reasonable assurance that the District is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. Internal controls means a process, implemented by the District, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:
1. Effectiveness and efficiency of operations;
2. Reliability of reporting for internal and external use; and
3. Compliance with applicable laws and regulations.
c) Comply with federal statutes, regulations, and the terms and conditions of the federal awards.
d) Evaluate and monitor the District’s compliance with statutes, regulations, and the terms and conditions of federal awards.
e) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings.
f) Take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or pass-through entity designates as sensitive or the District considers sensitive consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g) Maintain oversight to ensure contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
h) Maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts.
i) Have procurement procedures in place to avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.
j) Award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to matters such as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
k) Maintain records that sufficiently detail the history of the procurement including, but not limited to:
1. Rationale for the method of procurement;
2. Selection of contract type;
3. Contractor selection or rejection; and
4. The basis for the contract price.
l) Use time and material contracts, only after a determination that no other contract is suitable and the contract includes a ceiling price that the contractor exceeds at its own risk.
m) Conduct all procurement transactions in a manner providing full and open competition consistent with the standards of the Uniform Grant Guidance.
n) Conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference.
o) Have written procedures for procurement to ensure that all solicitations:
1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured; and
2. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids.
p) Ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition.
q) Use one of the following methods of procurement, which include:
1. Micro-purchases;
2. Small purchase procedures;
3. Sealed bids;
4. Competitive proposals; and
5. Noncompetitive proposals.
r) Have a written method for conducting technical evaluations of the proposals received and for selecting recipients.
s) Take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
t) Include in all contracts made by the District the applicable provisions contained in Appendix II of the Uniform Grant Guidance — Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
u) Perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications.
v) Negotiate profit as a separate element of the price for each contract in which there is not price competition and in all cases where an analysis is performed.
w) Comply with the non-procurement debarment and suspension standards which prohibit awarding contracts to parties listed on the government-wide exclusions in the System for Award Management (SAM).
2 CFR §§ 200.61, 200.303, 200.318, 200.319, 200.320, 200.321, 200.323, and 200.326
2 CFR Part 200, App. II
NOTE: Refer also to Policies #5410 — Purchasing: Competitive Bidding and Offering
#5411 — Procurement of Goods and Services
#5570 — Financial Accountability
#5670 — Records Management
#6110 — Code of Ethics for Board Members and All
District Personnel
#6161 — Conference/Travel Expense Reimbursement
Adoption Date: May 23, 2022
5510 ACCOUNTING OF FUNDS
Accounting and reporting procedures will be developed to facilitate analysis and evaluation of the District’s financial status and fixed assets. The District will use the Uniform System of Accounts for School Districts. Books and records of the District will be maintained in accordance with statutory requirements. Provision will be made for the adequate storage, security, and disposition of all financial and inventory records.
Online Banking
The Board has entered into a written agreement with designated banks and trust companies for online banking and electronic or wire transfers, which includes the implementation of a security procedure for all transactions. Online transactions must be authorized by the District’s Business Official. The District Treasurer, with a separate established username and password, will have the authority to process online banking transactions. The Business Office Clerk or Deputy Treasurer, with a separate established username and password, will be responsible for online banking transactions in the event the District Treasurer is not available, or as a job responsibility delegated to him or her by the District Treasurer. A monthly report of all online banking activity will be reviewed by staff independent of the online banking process and reconciled with the bank statement. Online banking will only take place on secure District computers located inside the Treasurer’s or Business Office.
Electronic Transactions and Wire Transfers
Procedures will be implemented specifying who is authorized to initiate, approve, transmit, record, review, and reconcile electronic transactions. At least two individuals will be involved in each transaction. Authorization and transmitting functions will be segregated and, whenever possible, the recording function will be delegated to a third individual.
The District will enter into written wire transfer security agreements for District bank accounts which will include established procedures for authenticating wire transfer orders. All wire transfers must be authorized by the District Treasurer or his or her designee. Dual approval controls will be established for non-routine wire transfer orders. The Internal Auditor will periodically confirm that wire transfers have appropriate signatures, verification and authorization of proper personnel.
Education Law § 2116-a
General Municipal Law §§ 5, 5-a, 5-b, and 99-b
N.Y. UCC § 4-A-201
Adoption Date: May 23, 2022
5511 MAINTENANCE OF FUND BALANCE
General Provisions
The Board recognizes that the maintenance of a fund balance is essential to the financial integrity of the District insofar as it helps mitigate current and future risks and assists in ensuring stable tax rates. Consistent with this understanding, the Board adopts the following standards and practices.
Classification of Funds
The District will ensure that funds are classified consistent with Governmental Accounting Standards Board (GASB) Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions. Consequently, fund balance amounts will be categorized as non-spendable, restricted, committed, assigned, or unassigned.
Unassigned Fund Balance
Minimum Unassigned Fund Balance
In order to maintain financial stability and protect against cash flow shortfalls, the Board will strive to maintain an unassigned fund balance of at least 2% of the current year’s budgeted expenses. In the event such balance falls below the 2% floor, the District will seek to replenish deficiencies through reducing expenses and/or increasing revenue.
Maximum Unassigned Fund Balance
In order to support normal operating costs and provide fiscal stability for the District, the Board will also strive to ensure that the unassigned fund balance does not exceed 4% of the current year’s budgeted expenditures. If it is anticipated that such balance will exceed the 4% ceiling, the Board will evaluate current commitments and assignments in order to determine the final distribution of fund balance in any fiscal year. The District will ensure unexpended surplus funds are used to reduce taxpayer liability in conformance with Real Property Tax Law Section 1318.
Fund Balance and Budget Development
The District’s ability to maintain its unassigned fund balance within the limits articulated above is contingent upon the development of a reasonable budget. Consequently, the District will develop and adopt budgets that, to the extent possible, reflect the anticipated revenues and expenditures.
Likewise, the District will ensure that appropriate reserve funds are established and utilized, consistent with applicable law and District policy, to ensure the fund balance is sufficient to meet District needs.
Compliance
The District will adhere to the reporting requirements of Article 3 of the General Municipal Law of the State of New York, and the practices set forth in GASB Statement Number 54.
NOTE: Refer also to Policies #5110 — Budget Planning and Development
#5512 — Reserve Funds
Adoption Date: May 23, 2022
5512 RESERVE FUNDS
Reserve funds (essentially a legally authorized savings account designated for a specific purpose) are an important component in the District’s financial planning for future projects, acquisitions, and other lawful purposes. The District may establish and maintain reserve funds in accordance with New York State laws, Commissioner’s regulations, and the rules or opinions issued by the Office of the New York State Comptroller. The District will comply with the reporting requirements of Article 3 of the General Municipal Law of the State of New York and the Governmental Accounting Standards Board (GASB) issued GASB Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions.
Any and all District reserve funds will be properly established and maintained to promote the goals of creating an open, transparent, and accountable use of public funds. The District will authorize all payments or transfers into a reserve fund by express resolution. The District may engage independent experts and professionals, including, but not limited to, auditors, accountants, and other financial and legal counsel to monitor all reserve fund activity and prepare any and all reports that the Board may require.
Periodic Review and Annual Report
The Board will periodically review all reserve funds. The District will also prepare and submit an annual report of all reserve funds to the Board. The annual report will include the following information for each reserve fund:
a) The type and description of the reserve fund;
b) The date the reserve fund was established and the amount of each sum paid into the fund;
c) The interest earned by the reserve fund;
d) Capital gains or losses resulting from the sale of investments of the reserve fund;
e) The total amount and date of each withdrawal from the reserve fund;
f) The total assets of the reserve fund showing cash balance and a schedule of investments; and
g) An analysis of the projected needs for the reserve fund in the upcoming fiscal year and a recommendation regarding funding those projected needs.
The Board will utilize the information in the annual report to make necessary decisions to adequately maintain and manage the District’s reserve fund balances while mindful of its role and responsibility as a fiduciary of public funds.
Education Law § 3653
Adoption Date: May 23, 2022
5520 EXTRACLASSROOM ACTIVITY FUND
Any organization within the District whose activities are conducted by students, and whose financial support is raised other than by taxation or through charges of the Board, is an extraclassroom activity (ECA). The moneys raised by these organizations are referred to as ECA funds. ECA fund management provides students with the opportunity to learn proper business practices and how to operate a successful business. The Board and designated District staff will protect and provide oversight of ECA funds. All ECAs will be approved by the Board.
The Board will appoint an ECA Central Treasurer, a Faculty Auditor, and a chief faculty counselor (appointed for each building in the District, typically the building principal). Each ECA will have a faculty advisor appointed by the chief faculty counselor. Additionally, each ECA will have a student activity treasurer elected by the members of the ECA.
All ECA funds will generally be handled in accordance with the financial procedures set forth in The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, Revised 2019, published by the New York State Education Department. All moneys received from the conduct, operation, or maintenance of any ECA will be deposited with the ECA Central Treasurer. Two separate and independent sets of records of receipts and expenditures will be maintained, one by the ECA Central Treasurer and one by the ECA’s student activity treasurer. On a quarterly basis, the ECA Central Treasurer will submit to the Board a financial report relating to the receipts and expenditures for all ECA accounts. The authority to expend moneys will be distinct and separate from the custody of these moneys. The District will invest ECA funds in accordance with its investment policy.
ECAs are prohibited from using the District’s New York State sales tax exemption. The ECA Central Treasurer is responsible for filing the periodic sales tax returns for ECA funds.
All commitments and contracts will be the sole responsibility of the ECA incurring the transaction, regardless of a change in faculty advisors, membership, or officers.
In conjunction with the annual audit of District records, the Independent Auditor will audit all ECA funds. This audit will include a statement of receipts, disbursements, and balances for each ECA, together with a reconciliation of cash.
When an ECA plans to dissolve, the ECA Central Treasurer is directed to expend the leftover ECA funds as voted by the organization controlling these funds. If this designation does not exist, then leftover funds of inactive or discontinued ECAs and of graduating classes will automatically revert to the account of the general student organization or student council. To reactivate, inactive or discontinued ECAs must follow the start-up procedures for new ECAs.
8 NYCRR Part 172
NYSED Finance Pamphlet, The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds,
NOTE: Refer also to Policies #1330 — Appointments and Designations by the Board
#1334 — Duties of the External (Independent) Auditor
#1336 — Duties of the Extraclassroom Activity Fund Central Treasurer
#3280 — Use of School Facilities, Materials, and Equipment
#5220 — District Investments
#5530 — Petty Cash Funds and Cash in School Buildings
#5620 — Fixed Asset Inventories, Accounting, and Tracking
#7410 — Extracurricular Activities
#7450 — Fundraising by Students
Adoption Date: May 23, 2022
5530 PETTY CASH FUNDS AND CASH IN SCHOOL BUILDINGS
Petty Cash Funds
A petty cash fund of not more than $200 will be maintained in the District Office and in each school building in a secure location. Payments from petty cash funds may be made for materials, supplies, or services only when payment is required upon delivery. At the time of reimbursement, an itemized statement of expenditures, together with substantiating receipts, must be submitted. These accounts will be authorized by Board resolution at its annual meeting.
Cash in School Buildings
Not more than $400, whether District or extraclassroom funds, will be held in the vault in the Main Office of each District school building. Under no circumstances will cash be left in classroom areas or desks. The District will not be responsible for funds left unprotected.
All funds, whether District or extraclassroom funds, will be deposited prior to close of school each week. Only authorized personnel designated by the building administrator will be allowed in the Main Office vault.
Education Law §§ 1604(26), 1709(29) and 2503(1)
8 NYCRR § 170.4
Adoption Date: December 18, 2023
5540 PUBLICATION OF DISTRICT’S ANNUAL FINANCIAL STATEMENT
In compliance with Education Law, the Board is required to publish a financial statement, including a full, detailed account of moneys received and moneys expended, at least once a year, during July or August. This annual financial report will be in the form prescribed in Commissioner’s regulations.
The law requires that the information be published in one public newspaper which is published in the District. If no public newspaper is published in the District, then the District must use a newspaper having general circulation in the District. If no public newspaper is published in the District, and there is no newspaper having general circulation in the District, then the District must provide the information to the taxpayers by posting copies in five public places in the District.
Education Law §§ 1610, 1721, 2117, 2528 and 2577
8 NYCRR § 170
Adoption Date: May 23, 2022
5550 MAINTENANCE OF FISCAL EFFORT (TITLE I PROGRAMS)
As a Local Educational Agency (LEA), the District may receive its full allocation of Title I funds if its combined fiscal effort per student or the aggregate expenditures of state and local funds with respect to the provision of free public education in the District for the preceding fiscal year was not less than 90% of the combined fiscal effort per student or the aggregate expenditures for the second preceding fiscal year.
In determining the District’s compliance with the maintenance of effort requirement, the State Educational Agency (SEA) will consider its expenditures from state and local funds for free public education. These include expenditures for administration, instruction, attendance, health services, student transportation services, plant operation and maintenance, fixed charges, and net expenditures to cover deficits for food services and student body activities.
The SEA will not consider the following expenditures in determining the District’s compliance with the maintenance of effort requirements:
a) Any expenditures for community services, capital outlay, and debt service;
b) Any expenditures made from funds provided by the federal government for which the District is required to account to the federal government directly or through the SEA.
The School Business Official will review, as part of the budgeting process, this combined fiscal effort to ensure compliance.
Title I of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act
(ESSA) of 2015
34 CFR Part 200
Adoption Date: May 23, 2022
5551 ALLOCATION OF TITLE I, PART A FUNDS IN THE DISTRICT
Allocation of Funds
The District allocates the Title I, Part A funds it receives to District school buildings on the basis of the total number of students from low-income families in each eligible school attendance area or eligible school, as defined in law. Unless the District school building is participating in a school wide program, the District school building will only use Title I, Part A funds for programs that provide services to eligible children, as defined in law, identified as having the greatest need for special assistance.
The District will reserve from its allocation of Title I, Part A funds, such funds as are necessary to provide services comparable to those provided to students in District school buildings that receive Title I, Part A funds in order to serve:
a) Homeless children and youths, including educationally related support services to children in shelters and other locations where children may live;
b) Children in local institutions for neglected children; and
c) If appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.
Funds Will Supplement Not Supplant
The District will ensure that Title I, Part A funds only supplement, not supplant, the funds that would, in the absence of such federal funds, be made available from state and local sources for the education of students participating in programs assisted by Title I, Part A funds.
Allocation Methodology
The District has developed an allocation methodology that is consistent with Title I guidelines.
20 USC §§ 6312-6315 and 6321
NOTE: Refer also to Policies #5110 — Budget Planning and Development
#5550 — Maintenance of Fiscal Effort (Title I Programs)
#8260 — Title I Parent and Family Engagement
Adoption Date: May 23, 2022
5560 USE OF FEDERAL FUNDS FOR POLITICAL EXPENDITURES
The Board prohibits the use of any federal funds for partisan political purposes or expenditures of any kind by any person or organization involved in the administration of federally assisted programs.
This policy refers generally, but is not limited to, lobbying activities, publications, or other materials intended for influencing legislation or other partisan political activities.
The Board assigns the Purchasing Agent the responsibility of monitoring expenditures of federal funds so that these funds are not used for partisan political purposes.
OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments (revised May 10, 2004)
Compliance Supplement for Single Audit of State and Local Governments (revised June 27, 2003) supplementing OMB Circular A133
NOTE: Refer also to Policy #6430 — Employee Political Activities
Adoption Date: May 23, 2022
5570 FINANCIAL ACCOUNTABILITY
The District has internal controls in place to ensure that:
a) The goals and objectives of the District are accomplished;
b) Laws, regulations, policies, and good business practices are complied with;
c) Audit recommendations are considered and implemented;
d) Operations are efficient and effective;
e) Assets are safeguarded; and
f) Accurate, timely, and reliable data are maintained.
The District’s governance and control environment will include the following:
a) The District Code of Ethics addresses conflict of interest transactions with Board members and employees.
b) The Board requires corrective action for issues reported in the Certified Public Accountant’s (CPA’s) management letter, audit reports, the Single Audit, and consultant reports.
c) The Board has established the required policies and procedures concerning District operations.
d) The Board routinely receives and discusses the necessary fiscal reports including the:
1. Treasurer’s cash reports,
2. Budget status reports,
3. Revenue status reports,
4. Extraclassroom activity fund reports, and
5. Fund balance projections.
e) The District has a long-term (three to five years) financial plan for both capital projects and operating expenses.
f) The District encourages attendance at training programs for Board members, business officials, treasurers, claims auditors, and others to ensure they understand their duties and responsibilities and the data provided to them.
g) The Board has an audit committee to assist in carrying out its fiscal oversight responsibilities.
h) The District’s information systems are economical, efficient, current, and up-to-date.
i) All computer files are secured with passwords or other controls, backed up on a regular basis, and stored at an off-site or in a secure fireproof location.
j) The District periodically verifies that its controls are working efficiently.
k) The District may require all staff to take leave time during which time another staff member performs the duties of the staff on leave. Staff may also schedule transactions and other responsibilities to occur electronically before taking a leave.
Audit Response
Periodically, the District receives audit reports from the External (Independent) Auditor and/or the Office of the New York State Comptroller. The Board will review all audit recommendations in consultation with the Audit Committee and respond appropriately. Independent and Comptroller audit reports and the accompanying management letters will be made available for public inspection. The District will also timely post a copy of the annual external audit report or the Comptroller’s final audit report on its website for a period of five years. Notice of the availability of independent and Comptroller audit reports will be published in the District’s official newspaper or one having general circulation in the District. If there is no newspaper, notice must be placed in ten public places within the District.
Education Law § 2116-a(3-b)
8 NYCRR § 170.12
General Municipal Law § 33(2)(e) and 35(1), (2)
NOTE: Refer also to Policies #5572 — Audit Committee
#6110 — Code of Ethics
Adoption Date: May 23, 2022
5571 ALLEGATIONS OF FRAUD
Reporting and Investigations of Allegations of Fraud
All Board members and officers, District employees, and third party consultants are required to abide by the District’s policies, administrative regulations, and procedures in the course of their duties. Further, all applicable federal and/or state laws and regulations must be adhered to in the course of District operations and practices. Any individual who has reason to believe that financial improprieties or wrongful conduct is occurring within the District should disclose this information according to the reporting procedures established by the District. The reporting procedures will follow the chain of command as established within the department or school building or as described in the District’s Organizational Chart. In the event that the allegations of financial improprieties/fraud and/or wrongful conduct concern the investigating official, the report shall be made to the next level of supervisory authority. If the chain of supervisory command is not sufficient to ensure impartial, independent investigation, allegations of financial improprieties/fraud and/or wrongful conduct will be reported as applicable, to the Internal Auditor (if available), or the External (Independent) Auditor, or the School Attorney, or the Board. The District’s prohibition of wrongful conduct, including fraud, will be publicized within the District as deemed appropriate; and written notification will be provided to all employees with fiscal accounting/oversight and/or financial duties including the handling of money.
Upon receipt of an allegation of financial improprieties/fraud and/or wrongful conduct, the Board or designated employee(s) will conduct a thorough investigation of the charges. However, even in the absence of a report of suspected wrongful conduct, if the District has knowledge of, or reason to know of, any occurrence of financial improprieties/fraud and/or wrongful conduct, the District will investigate the conduct promptly and thoroughly. To the extent possible, within legal constraints, all reports will be treated confidentially and privately. However, disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law enforcement officials as warranted, and any disclosure will be provided on a “need to know” basis. Written records of the allegation, and resulting investigation and outcome will be maintained in accordance with law.
Based upon the results of this investigation, if the District determines that a school official has engaged in financial improprieties/fraudulent and/or wrongful actions, appropriate disciplinary measures will be applied, up to and including termination of employment, in accordance with legal guidelines, District policy and regulation, and any applicable collective bargaining agreement. Third parties who are found to have engaged in financial improprieties/fraud and/or wrongful conduct will be subject to appropriate sanctions as warranted and in compliance with law. The application of disciplinary measures by the District does not preclude the filing of civil and/or criminal charges. When school officials receive a complaint or report of alleged financial improprieties/fraud and/or wrongful conduct that may be criminal in nature, law authorities should be immediately notified.
An appeal procedure will also be provided, as applicable, to address any unresolved complaints and/or unsatisfactory prior determinations by the applicable investigating officer(s).
Protection of School Employees who Report Information Regarding Illegal or Inappropriate Financial Practices
Any employee of the District who has reasonable cause to believe that the fiscal practices or actions of an employee or officer of the District violates any local, state, federal law or rule and regulation relating to the financial practices of the District, and who in good faith reports such information to an official of the District, or to the Office of the State Comptroller, the Commissioner of Education, or to law enforcement authorities, will have immunity from any civil liability that may arise from the making of the report. Further, neither the District, nor any employee or officer of the District will take, request, or cause a retaliatory action against any employee who makes such a report.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The Board also prohibits any retaliatory behavior against any witnesses and/or any other individuals who participate in the investigation of an allegation of illegal or inappropriate fiscal practices or actions. Follow-up inquiries will be made to ensure that no reprisals or retaliatory behavior has occurred to those involved in the investigation. Any act of retaliation will be subject to appropriate disciplinary action by the District.
Knowingly Makes False Accusations
Any individual who knowingly makes false accusations against another individual as to allegations of financial improprieties or fraud may also face appropriate disciplinary action.
Civil Service Law § 75-B
Education Law § 3028-d
Adoption Date: May 23, 2022
5572 AUDIT COMMITTEE
An audit committee has been established by Board resolution. The audit committee may consist of:
a) The Board as a whole;
b) A subcommittee of the Board; or
c) An advisory committee that may include, or be composed entirely of persons other than Board members if, in the opinion of the Board, membership is advisable to provide accounting and auditing expertise.
Persons other than Board members who serve on the advisory committee will be independent, and will not be:
1. Employed by the District;
2. An individual who, within the last two years, provided or currently provides, services or goods to the District;
3. The owner of, or have a direct and material interest in a company providing, goods or services to the District; or
4. A close or immediate family member of an employee, officer, or contractor providing services to the District.
The audit committee will consist of at least three members who should collectively possess knowledge in accounting, auditing, financial reporting, and District finances. They will serve without compensation, but will be reimbursed for any actual and necessary expenditure incurred in relation to attendance at meetings. Employees of the District are prohibited from serving on the audit committee. Members of the audit committee will be deemed District Officers, but will not be required to be residents of the District.
The role of the audit committee will be advisory unless the audit committee consists of at least a quorum of Board members, and any recommendations it provides to the Board will not substitute for any required review and acceptance by the Board.
The audit committee shall develop and submit to the Board for approval a formal, written charter which may include, but is not limited to, provisions regarding the committee’s purpose, mission, duties, responsibilities, and membership requirements.
The audit committee will hold regularly scheduled meetings and report to the Board on its activities on an as-needed basis, but not less than annually. The report will address and may include:
a) The activities of the audit committee;
b) A summary of the minutes of the meeting;
c) Significant findings brought to the attention of the audit committee;
d) Any indications of suspected fraud, waste, or abuse;
e) Significant internal control findings; and
f) Activities of the internal audit function.
The responsibilities of the audit committee include the following:
a) Providing recommendations regarding the appointment of the External (Independent) Auditor for the District;
b) Meeting with the External (Independent) Auditor prior to commencement of the audit;
c) Reviewing and discussing with the External (Independent) Auditor any risk assessment of the District’s fiscal operations developed as part of the Auditor’s responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards, if applicable;
d) Receiving and reviewing the draft annual audit report and accompanying draft management letter and, working directly with the External (Independent) Auditor, assisting the Board in interpreting such documents;
e) Making a recommendation to the Board on accepting the annual audit report; and
f) Discussing and analyzing every corrective action plan developed by the District in response to any audit and assisting the Board in its implementation.
Corrective Action Plan
Within 90 days of receipt of the report or management letter, the Superintendent will prepare a corrective action plan approved by the Board in response to any findings contained in:
a) The annual external audit report or management letter;
b) A final audit report issued by the District’s internal auditor;
c) A final report issued by the State Comptroller;
d) A final audit report issued by the State Education Department (SED); or
e) A final audit report issued by the United States or an office, agency, or department thereof.
The audit committee will review every corrective action plan developed by the Superintendent and Business Official and assist in the implementation of the plans. The corrective action plan must be filed with the SED, and if appropriate, must include the expected date(s) of implementation. The District will also timely post a copy of this plan on its website. To the extent practicable, implementation of the corrective action plan should begin no later than the end of the next fiscal year.
Additional responsibilities of the audit committee include: assisting in the oversight of the internal audit function including, but not limited to, providing recommendations regarding the appointment of the Internal Auditor; reviewing significant findings and recommendations of the Internal Auditor; monitoring the District’s implementation of these recommendations; and participating in the evaluation of the performance of the internal audit function.
The audit committee may conduct an Executive Session pertaining to the following matters:
a) To meet with the External (Independent) Auditor prior to commencement of the audit;
b) To review and discuss with the External (Independent) Auditor any risk assessment of the District’s fiscal operations developed as part of the Auditor’s responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable; and
c) To receive and review the draft annual audit report and accompanying draft management letter and, working directly with the External (Independent) Auditor, assist the Board in interpreting such documents.
Any Board member who is not a member of the audit committee may be allowed to attend an audit committee meeting, including an executive session, if authorized by a Board resolution. However, if the Board member’s attendance results in a meeting of a quorum of the full Board, any action taken by formal vote may constitute official Board action.
Education Law §§ 2116-a, 2116-c, and 3811-3813
Public Officers Law §§ 105(b), 105(c), and 105(d)
8 NYCRR § 170.12
NOTE: Refer also to Policies #1330 — Appointments and Designations by the Board
#1335 — Appointment and Duties of the Claims Auditor
#2210 — Committees of the Board
Adoption Date: May 23, 2022
5573 INTERNAL AUDIT FUNCTION
The District has established an internal audit function which includes:
a) Development of a risk assessment of District operations including, but not limited to, a review of financial policies, procedures, and practices;
b) An annual review and update of such risk assessment;
c) Annual testing and evaluation of one or more of the District’s internal controls, taking into account risk, control weaknesses, size, and complexity of operations;
d) Preparation of reports, at least annually or more frequently as the Board may direct, which analyze significant risk assessment findings, recommend changes for strengthening controls and reducing identified risks, and specify timeframes for implementation of these recommendations.
The District is permitted to utilize existing District personnel to fulfill the internal audit function, but these individuals will not have any responsibility for other business operations of the District while performing internal audit functions. The District will also be permitted to use inter-municipal cooperative agreements, shared services to the extent authorized by Education Law Section 1950, or independent contractors to fulfill the internal audit function as long as the personnel or entities performing this function comply with any Regulations issued by the Commissioner of Education and meet professional auditing standards for independence between the auditor and the District.
Personnel or entities serving as the Internal Auditor and performing the internal audit function will report directly to the Board. The audit committee will assist in the oversight of the internal audit function on behalf of the Board.
Education Law §§ 1950, 2116-b, and 2116-c
8 NYCRR § 170.12
NOTE: Refer also to Policy #1339 — Duties of the Internal Auditor
Adoption Date: May 23, 2022
5574 MEDICAID COMPLIANCE PROGRAM
The District will comply with New York State and federal laws and regulations related to the District’s participation as a provider of care, services, or supplies under the Medicaid program.
The District has further established and implemented a Medicaid Compliance Program designed to detect and prevent fraud, waste, and abuse.
As required by the New York State Office of the Medicaid Inspector General (hereinafter referred to as the OMIG), the District’s Medicaid Compliance Program is comprised of the following core elements:
a) Written policies and procedures that describe compliance expectations as embodied in a code of ethics applicable to all District personnel, including Board members. These compliance expectations or standards of conduct include provisions designed to: implement the operation of the Medicaid Compliance Programs; provide guidance to employees and others on dealing with potential compliance issues; identify how to communicate compliance issues to appropriate personnel; and describe how issues are investigated and resolved;
b) A designated employee who will be responsible for the day-to-day operation of the Medicaid Compliance Program. This employee’s job duties may be exclusively related to Medicaid compliance issues or may be combined with other duties, provided that the Medicaid compliance portions of the employee’s duties are satisfactorily fulfilled. The designated employee will report directly to the Superintendent or designee and also periodically report directly to the Board on the District’s Medicaid Compliance Program activities;
c) Training and education of all affected District employees and other persons associated with the District’s Medicaid Compliance Program, including, but not limited to, members of the District’s Board. This training will occur periodically and be made a part of any required training or orientation for new employees, Board members, volunteers, and/or others on dealing with the District’s Medicaid Compliance Program;
d) Communication lines and processes directed to the District’s designated employee who will be responsible for the day-to-day operation of the Medicaid Compliance Program. These communication lines and processes will be accessible to all District employees, Board members, volunteers, and others associated with the District’s Medicaid Compliance Program. The communication lines and processes are designed to allow employees to report compliance issues, including the anonymous and confidential good faith reporting of any practice or procedure related to Medicaid reimbursement of school or preschool supportive health services, that an employee believes is inappropriate;
e) Disciplinary procedures that encourage good faith and fair dealing in the District’s Medicaid Compliance Program by all affected individuals. These disciplinary procedures include procedures that articulate expectations for reporting and assisting with the resolution of compliance issues and also provide sanctions for the failure to report suspected problems and participating (either actively or passively) in non-compliant behavior;
f) A system for the routine identification of Medicaid compliance risk areas in the District’s Medicaid Compliance Program. Self-evaluation of such risk areas may be accomplished by, but not necessarily limited to, internal audits and external audits, as appropriate;
g) A system for responding to, investigating, correcting, and reporting compliance issues as they are raised, including the development of procedures and systems to reduce the potential for recurrence, identifying and reporting compliance issues to the OMIG and refunding overpayments; and
h) A policy of non-intimidation and non-retaliation against any person for the good faith participation in any aspect of the administration of the District’s Medicaid Compliance Program including, but not limited to, the reporting of potential issues, assisting as a witness with any investigation, evaluation, audit, remedial actions or reporting to appropriate officials.
Social Services Law § 363-d
18 NYCRR Part 521
Labor Law §§ 740 and 741
NOTE: Refer also to Policies #5570 — Financial Accountability
#5571 — Allegations of Fraud
#5572 — Audit Committee
#5573 — Internal Audit Function
#6110 — Code of Ethics for Board Members and All District Personnel
District Medicaid Compliance Program
Adoption Date: May 23, 2022
5610 INSURANCE
The objective of the Board is to obtain the best possible insurance at the lowest possible cost, and to seek advice from an Insurance Appraisal Service to determine that adequate coverage is being provided regarding fire, boiler, general liability, bus, and student accident insurance.
The Board will carry insurance to protect the District’s real and personal property against loss or damage. This property includes school buildings, the contents of such buildings, school grounds, and vehicles.
The Board may also purchase liability insurance to pay damages assessed against Board members and District employees acting in the discharge of their respective duties, within the scope of their employment and/or under the direction of the Board.
All insurance policies, along with an inventory of the contents of the building, should be kept in a fireproof depository or with the appropriate insurance agent for safekeeping and referral purposes. The Superintendent will review the District’s insurance program annually and make recommendations to the Board if more suitable coverage is required.
Education Law §§ 1709(8), 1709(26), 1709(34-b), 2503(10), 2503(10-a), 2503(10-b), 3023, 3028 and 3811
General Municipal Law §§ 6-n and 52
Public Officers Law § 18
Adoption Date: May 23, 2022
5620 FIXED ASSET INVENTORIES, ACCOUNTING, AND TRACKING
The Superintendent or designee will maintain a continuous and accurate inventory of fixed assets owned by the District in accordance with applicable rules, standards, procedures, and best practices. Fixed assets are, generally, long-term, tangible resources intended to be continuously held or used, and may include land, buildings, improvements, machinery, and equipment.
All fixed assets purchased and received by the District will be checked, logged, and stored through an established procedure.
The School Business Official will account for assets on an annual basis according to applicable rules, standards, procedures, and best practices. These accounts will serve to:
a) Maintain an inventory of assets;
b) Establish accountability;
c) Determine replacement costs; and
d) Determine and provide appropriate insurance coverage.
The Board will establish a dollar threshold as a basis for considering which fixed assets are to be depreciated. This threshold will ensure that at least 80% of the value of these assets is reported. The threshold will not be greater than $5,000. Standard methods and averaging conventions will be used in assessing, capitalizing, and depreciating fixed assets.
Fixed assets will be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed assets will be recorded at estimated fair value at the time of the gift. A property record will be maintained for each fixed asset and will contain, where possible, the following information:
a) Date of acquisition;
b) Description;
c) Serial or other identification number;
d) Any funding source and percentage contributed by the source;
e) Vendor;
f) Cost or value;
g) Location and use;
h) Asset type;
i) Condition and estimated useful life;
j) Replacement cost;
k) Current value;
l) Salvage value;
m) Sale price and date and method of disposition; and
n) Responsible official.
All fixed assets will be labeled. Any discrepancies between an inventory and the District’s property records should be traced, explained, and documented.
Management of Assets Acquired Under a Federal Government Grant or Subgrant
Inventories will be maintained for assets acquired with funds obtained through federal grant programs. A separate inventory will be maintained for each program. Each inventory will record assets in the same manner as the District’s fixed asset inventory. Assets will be labeled to specify the source of funds used to purchase the item. All Title I assets will include “Title I” on the label. These inventories will track assets for at least five years from the date of receipt.
When original or replacement assets acquired under a federal grant or subgrant are no longer needed for the original project or for other activities currently or previously supported by a federal agency, the District will dispose of the assets as follows:
a) Assets with a current per-unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency.
b) Assets with a current per-unit fair market value of greater than $5,000 may be retained or sold and the awarding agency will have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency’s share of the assets.
c) No federal approval is necessary to dispose of an asset costing over $5,000 but approval from the New York State Education Department (SED) is necessary. Once SED has determined that it has no other need for the use of the asset, the District may proceed with selling it.
The District will comply with the U.S. Department of Education regulations governing the use, management, and disposition of all equipment acquired through a federal government grant.
Equipment Purchased with Extraclassroom Funds
Title to all equipment acquired with extraclassroom activity funds will reside with the District and be carried as an insurable asset on its list of insurable values. This equipment will be tagged as District property but is available for exclusive use by the extraclassroom activity club acquiring it.
Title I of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA) of 2015
34 CFR Parts 74-99, 200
NYSED Finance Pamphlet, The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, 2019
Uniform System of Accounts for School Districts (Fiscal Section)
Adoption Date: May 23, 2022
5630 FACILITIES: INSPECTION, OPERATION, AND MAINTENANCE
Overview
The District is committed to providing a healthy and safe environment for all individuals on school grounds. As part of this commitment, the District will comply with all applicable laws, regulations, and codes related to the construction, inspection, operation, and maintenance of District facilities.
Construction and Remodeling of School Facilities
The District will ensure all capital projects and maintenance comply with the requirements of the New York State Uniform Fire Prevention and Building Code, the State Energy Conservation Construction Code, the Manual of Planning Standards, and the Commissioner’s regulations. The New York State Education Department (NYSED) Office of Facilities Planning has provided an Instruction Guide on its official website.
Plans and specifications for the erection, enlargement, repair, or remodeling of District facilities will be submitted to the Commissioner consistent with applicable law and regulation.
Plans and specifications submitted to the Commissioner will bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications must also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code.
For remodeling or construction projects, the District will ensure compliance with the requirements of the State Uniform Fire Prevention and Building Code, the State Energy Conservation Construction Code, and applicable law and regulation. The District will also retain the services of an architect or engineer licensed to practice in New York State as required by law or regulation, or as necessary given the scope and cost of the project.
Carbon Monoxide Detection Requirements
All District facilities will have carbon monoxide alarms or detection systems installed in accordance with all applicable laws, regulations, and/or codes.
Asbestos Inspections
In accordance with the Asbestos Hazard Emergency Response Act (AHERA), the District will inform all employees and building occupants (or their legal guardians) at least once each school year about all asbestos inspections, response actions, post-response action activities, as well as triennial re-inspection activities and surveillance activities that are either planned or in progress. The District will provide yearly written notification to parent, teacher, and employee organizations on the availability of the District’s asbestos management plan and any asbestos-related actions taken or planned in the school.
Lead Testing
The District will triennially test potable water for lead contamination from all outlets as required by law and regulation. If an outlet exceeds the action level for lead content, the District will prohibit use of the outlet and it will remediate the lead level of the outlet before allowing its use. The District will make all required notifications and issue all mandated reports to the public, local health department, and NYSED. For ten years following creation, the District will retain all records of test results, lead remediation plans, lead-free building determinations, and waiver requests. The District may seek a waiver from testing requirements from the local health department by demonstrating prior substantial compliance with testing requirements.
Comprehensive Long-Range Plan
The District will develop and keep on file a comprehensive long-range plan pertaining to educational facilities in accordance with the Commissioner’s regulations. This plan will be reevaluated and updated at least annually and will include, at a minimum, an appraisal of the following:
a) The educational philosophy of the District, with resulting administrative organization and program requirements;
b) Present and projected student enrollments;
c) Space use and state-rated student capacity of existing facilities;
d) The allocation of instructional space to meet the current and future special education program and service needs, and to serve students with disabilities in settings with nondisabled peers;
e) Priority of need of maintenance, repair, or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and
f) The provision of additional facilities.
Comprehensive Public School Building Safety Program (RESCUE)
To ensure that all District facilities are properly maintained and preserved and provide suitable educational settings, the Board requires that all occupied school facilities which are owned, operated, or leased by the District comply with the provisions of the Comprehensive Public School Building Safety Program, the Uniform Code of Public School Building Inspections, and the Safety Rating and Monitoring as prescribed in Commissioner’s regulations.
The Comprehensive Public School Safety Program will consist of the following components:
a) Building Condition Surveys
Building condition surveys will be conducted on a schedule as assigned by the Commissioner of Education in calendar years 2020-2024 and at least every five years thereafter. Building condition surveys will be conducted on all occupied school buildings in accordance with law and regulation, including being conducted by a licensed architect or a licensed professional engineer who will assess the condition of all major building systems of a school building.
b) Visual Inspections
Visual inspections will be conducted when deemed necessary by the Commissioner to maintain the safety of public school buildings and the welfare of their occupants. When visual inspections occur, they will be conducted in accordance with law and regulation.
c) Five-Year Capital Facilities Plan
The District will develop a five-year capital facilities plan and update the plan annually. In developing and amending the plan, the District will use the safety rating of each occupied school building. The plan must be consistent with all District planning requirements and identify critical maintenance needs. The plan will be prepared in a manner and format prescribed by the Commissioner and submitted to the Commissioner upon request. The plan will include, but not be limited to:
A breakdown for each of the five years of the plan of the estimated expenses for the following:
(a) Current or proposed new construction ranked in priority order;
(b) Current or proposed additions to school facilities ranked in priority order;
(c) Current or proposed alterations or reconstruction of school facilities ranked in priority order;
(d) Major repairs ranked in priority order;
(e) Major system replacement and repairs, and maintenance ranked in priority order; and
(f) Energy consumption.
- A District-wide building inventory that includes, but is not limited to:
(a) The number and type of facilities owned, operated, or leased by the District;
(b) The age, enrollment, rated capacity, use, size, and the safety rating of the buildings as determined pursuant to Commissioner’s regulations;
(c) The energy sources for the buildings;
(d) Probable useful life of each building and its major subsystems;
(e) Need for major system replacement and repairs, and maintenance;
(f) Summary of the triennial asbestos reports required pursuant to AHERA regulations; and
(g) Any other information which may be deemed necessary by the Commissioner to evaluate safety and health conditions in school facilities.
d) Monitoring System
- The establishment of a health and safety committee comprised of representation from District officials, staff, bargaining units, and parents.
- The establishment of a comprehensive maintenance plan for all major building systems to ensure the building is maintained in a state of good repair. This plan will include provisions for a least toxic approach to integrated pest management and establish maintenance procedures and guidelines which will contribute to acceptable indoor air quality. The comprehensive maintenance plan will be available for public inspection.
- The annual review and approval by the Board of the annual building inspection reports and the five-year building condition surveys.
- Procedures for assuring that an annual fire safety inspection of each building is conducted in accordance with all applicable laws, regulations, and/or codes.
- Procedures for assuring that a current and valid certificate of occupancy is maintained for each building and posted in a conspicuous place.
- Procedures for the investigation and disposition of complaints related to health and safety. These procedures will involve the health and safety committee and, at a minimum, will conform to the following requirements:
(a) Provide for a written response to all written complaints. The written response will describe:
1) The investigations, inspections, or tests made to verify the substance of the complaint, or a statement explaining why further investigations, inspections, or tests are not necessary;
2) The results of any investigations, inspections, or tests which address the complaint;
3) The actions, if any, taken to solve the problem; and
4) The action, if any, taken if the complaint involved a violation of law or of a contract provision.
(b) A copy of the response will be forwarded to the health and safety committee.
(c) Copies of all correspondence will be kept in a permanent project file.
(d) These records will be made available to the public upon request.
- The Board will take actions to immediately remedy serious conditions affecting health and safety in school buildings, and will report the actions to the Commissioner.
- All construction and maintenance activities will comply with the Uniform Safety Standards for School Construction and Maintenance Projects.
15 USC Sections 2641-2656
40 CFR Part 763, Subpart E
Education Law Sections 408, 409, 409-d, 3602, and 3641
Executive Law Section 378
Public Health Law Section 1110
8 NYCRR Sections 155.1, 155.2, 155.3, and 155.4
10 NYCRR Sections 4-1.1 et seq. and 67-4.1 et seq.
19 NYCRR Sections 1219-1240
Adoption Date: October 30, 2023
5631 HAZARDOUS WASTE AND HANDLING OF TOXIC SUBSTANCES BY EMPLOYEES
The Board directs the Superintendent to establish rules to ensure District implementation of applicable federal and state laws pertaining to the identification, transportation, treatment, storage, and disposal of hazardous wastes.
Hazard Communication Standard
All personnel will be provided with applicable training to comply with the New York State “Right-to-Know” Law and the Hazard Communication Standard. Both the “Right to Know” poster and the “Labor Law Information Relating to Public Employees” poster must be posted in common areas informing workers of relevant work hazards and associated rights.
The Superintendent or designee will maintain a current record of the contact information of every employee who handles or uses toxic substances and which substance(s) were handled or used by the employee.
Environmental Protection Agency, 40 CFR Parts 261 and 262
Occupational Safety and Health Administration (OSHA), 29 CFR § 1910.1200
Labor Law §§ 875-883
Public Health Law §§ 4800-4808
6 NYCRR Part 371
9 NYCRR Part 1174
Adoption Date: May 23, 2022
5632 PEST MANAGEMENT AND PESTICIDE USE
The Board is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.
Structural and landscape pests can pose significant problems for people and property. Weeds and infestations can destroy playing fields and playgrounds and more importantly, cause severe allergic reactions. Pesticides can pose risks to people, property, and the environment. It is therefore the policy of the District to incorporate Integrated Pest Management (IPM) procedures for control of weeds, structural, and landscape pests. The objective of this program is to provide necessary pest control while using the least toxic approach to all pests, weeds, and infestations.
Pest/Pesticide Management Plan
The District will manage weeds and pests to:
a) Reduce any potential human health hazard or threat to public safety;
b) Prevent loss or damage to school structures or property;
c) Prevent pests from spreading into the community, or to plant and animal populations beyond the site; and
d)Enhance the quality of life for students, staff, and others.
Integrated Pest Management (IPM) Coordinator
An IPM Coordinator will be appointed by the Superintendent. The Coordinator will be responsible for implementing the IPM policy and plan. The coordinator’s responsibilities will include, but are not limited to, the following:
a) Recording all pest sightings by school staff and students;
b) Recording all pesticide use and utilizing the least toxic approach;
c) Meeting with a local pest control expert, such as a pesticide contractor to share information on what pest problems are present in the school;
d) Ensuring that all of the expert’s recommendations on maintenance and sanitation are carried out where feasible;
e) Ensuring that pesticide use is done when school is not in session or when the area can be completely secured against access by school staff and students for a standard 72 hours, or as required by the pesticide being used;
f) Evaluating the school’s progress in the IPM plan; and
g) Notifying parents, staff and neighbors of any applications of pesticides 48 hours before they occur. The IPM Coordinator will serve as the District’s Pesticide Representative.
Pesticide Use on Common Areas
Pesticides will not be used on playgrounds, turf, athletic or playing fields, in effect, all lawn areas of the school. In these common areas where children gather and play, pesticide alternatives will be used whenever possible and effective. The prohibition does not apply to indoor use or the application to building structures.
An exception may be made for emergency applications of pesticide only when approved in advance by the Board. The Board may consult with the local Health Department on public health related emergency determinations. They may also consult with the Department of Environmental Conservation (DEC) for environmental emergency determinations. Emergency determinations should only be sought for one-time pesticide application in a specific situation, which presents a true emergency. The guidance document from DEC provides clarification on emergency determinations and can be found on the official website of the DEC.
Some types of pesticides and alternatives, those deemed safe in federal regulation, may be allowable on playing fields and playgrounds in certain circumstances. The District will develop regulations governing the use of pesticides and their alternatives on school grounds.
Fertilizer Use
Phosphorous fertilizers will only be used on school grounds in compliance with the following requirements:
a) Fertilizer use is prohibited between December 1 and April 1 annually.
b) The use of fertilizers is prohibited within 20 feet of any surface water except:
1. Where a continuous natural vegetation buffer, at least ten feet wide, separates lawn and water.
2. Where a spreader guard, deflector shield or drop spreader is used, then the application may not occur within three feet of any surface water.
c) The use of phosphorus fertilizers is prohibited on lawns or other non-agricultural turf with the following exceptions:
1. The use of phosphorus fertilizers is needed to establish a new lawn; or
2. A soil test shows that phosphorus fertilizers are needed for growth.
d) Fertilizer cannot be used on any impervious surfaces and if such an application occurs, it must be cleaned immediately and legally applied or placed in an appropriate container.
Notification
The District’s IPM Coordinator or designated Pesticide Representative will give prior written notice of all pesticide applications to anyone who has asked to receive this notice. The District will also notify parents, students, and staff of periodic pesticide applications. The District will maintain a list of those people who wish to receive 48-hour notice before pesticide applications and will ensure that a system is developed to deliver such notice in a timely fashion to all affected. The notification system may be by mail or email, and will ensure that a back-up method is available to notify those for whom the regular system is unworkable. The name and contact information for the District Pesticide Representative will be made available to all requesting it.
The District must also provide additional written notification to all parents and staff three times per year to inform them of any pesticide applications that have occurred: within ten days of the end of the school year, within two school days of the end of winter recess and within two days of the end of spring recess.
Recordkeeping
Records of pesticide use will be maintained on site for three years and will be completed on the day of pesticide use. In addition, pest surveillance records will be maintained to help verify the need for pesticide treatments. Annual reports of any applications must be sent to DEC.
Education Law §§ 409-k, 409-h
Environmental Conservation Law §§ 17-2103, 33-0303
40 CFR Part 152.25
7 USC § 136(mm), 136q(h)(2) (FIFRA)
8 NYCRR Part 155.4(d)(2)
Adoption Date: May 23, 2022
5633 GENDER NEUTRAL SINGLE-OCCUPANCY BATHROOMS
The District is committed to creating and maintaining an inclusive educational and work-environment. The District will ensure that all single-occupancy bathroom facilities are designated as gender neutral for use by no more than one occupant at a time or for family or assisted use.
“Single-occupancy bathroom” means a bathroom intended for use by no more than one occupant at a time or for family or assisted use and which has a door for entry into and egress from the bathroom that may be locked by the occupant to ensure privacy and security.
All gender neutral bathroom facilities will be clearly designated by the posting of signage either on or near the entry door of each facility.
Education Law § 409-m
Public Buildings Law § 145
NOTE: Refer also to Policy #7552 — Student Gender Identity
Adoption Date: May 23, 2022
5640 SMOKING, TOBACCO, AND CANNABIS (MARIJUANA) USE
The following actions are prohibited on school grounds and at school functions: smoking; vaping; using tobacco products; and/or using or ingesting any form of cannabis.
Smoking and vaping are prohibited within 100 feet of the entrances, exits, or outdoor areas of any of the District’s schools. However, this prohibition does not apply to smoking or vaping in a residence, or within the real property boundary lines of residential real property.
Exceptions may exist for authorized medical cannabis use.
Definitions
For purposes of this policy, the following definitions apply:
a) “Electronic cigarette” (or “e-cigarette”) means an electronic device delivering vapor inhaled by an individual user, and includes any refill, cartridge, and any other component of such a device.
b) “School function” means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.
c) “School grounds” means any building, structure, and surrounding outdoor grounds, including entrances or exits, contained within the District’s preschool, nursery school, elementary, or secondary school’s legally defined property boundaries as registered in the County Clerk’s Office, as well as any vehicles used to transport children or school personnel.
d) “Smoking” means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance containing tobacco, cannabis, or cannabinoid hemp.
e) “Tobacco products” means cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water, or any other tobacco products.
f) “Vaping” means the use of an electronic cigarette.
Notification
The District will prominently post signs prohibiting smoking and vaping on school grounds in accordance with applicable law. Appropriate District officials will inform individuals smoking or vaping in a non-smoking area that they are in violation of law and/or District policy.
The District will communicate this policy to staff, students, parents/guardians, volunteers, visitors, contractors, and outside groups through means such as the District’s Code of Conduct, student handbooks, newsletters, announcements, facilities use forms/agreements, and/or the prominent display of this policy in appropriate locations.
Prohibition of Tobacco Promotional Items/Tobacco Advertising
Tobacco promotional items (e.g., brand names, logos, and other identifiers) are prohibited:
a) On school grounds;
b) In any vehicles used to transport students or school personnel;
c) At school functions;
d) In school publications;
e) On clothing, shoes, accessories, gear, and school supplies in accordance with the District’s Code of Conduct and applicable collective bargaining agreements.
This prohibition of tobacco promotional items will be enforced in accordance with the District’s Code of Conduct and applicable collective bargaining agreements.
The District will request, whenever possible, tobacco free editions of periodical publications for school libraries and classroom use.
20 USC §§ 6081-6084 and 7971-7974
41 USC § 8101 et seq.
Education Law § 409
Penal Law § 222.10
Public Health Law §§ 1399-n, 1399-o, 1399-p, and 1399-aa
8 NYCRR §§ 155.5 and 156.3
NOTE: Refer also to Policies #3280 — Use of School Facilities, Materials, and Equipment
#6150 — Alcohol, Tobacco, Drugs, and Other Substances (Staff)
#7320 — Alcohol, Tobacco, Drugs, and Other Substances (Students)
#8240 — Instruction in Certain Subjects
District Code of Conduct
Adoption Date: May 23, 2022
5650 ENERGY CONSERVATION AND RECYCLING IN THE SCHOOLS
The Board recognizes the importance of energy conservation and is committed to the analysis, development, and initiation of conservation measures throughout the District for the purpose of reducing energy consumption, particularly in these times of declining levels of natural energy resources and increasing cost of these resources. The Board maintains an aggressive and responsible program to reduce consumption of energy by its facilities and to provide education to both staff and students on the conservation of energy.
The District is committed to energy conservation that addresses not only capital-related energy projects but ongoing, day-to-day energy related issues as well. All staff are urged to participate actively in energy conservation by assisting in the efforts to eliminate the wasteful use of energy in the operation of the District’s buildings. Cooperation will be required of each employee and each student to achieve meaningful energy conservation that results in a more efficient use of energy resources. Involvement of staff and students is essential to a successful program of energy conservation.
The Board is further committed to protecting and improving the environment by recycling commonly used materials, waste prevention strategies, and purchasing recycled products when feasible.
Environmental Conservation Law §§ 27-2101- 27-2117
General Municipal Law § 120-aa
19 NYCRR §§ 1221-1228 and 1240
Energy Conservation Code of New York State 2007
Adoption Date: May 23, 2022
5660 MEAL CHARGING AND PROHIBITION AGAINST MEAL SHAMING
It is the District’s goal to provide students with access to nutritious no- or low-cost meals each school day and to ensure that a student whose parent/guardian has unpaid meal charges is not shamed or treated differently than a student whose parent/guardian does not have unpaid meal charges.
Unpaid meal charges place a large financial burden on the District. The purpose of this policy is to ensure compliance with federal requirements for the USDA Child Nutrition Program and to provide oversight and accountability for the collection of outstanding student meal balances to ensure that the student is not stigmatized, distressed, or embarrassed.
The intent of this policy is to establish procedures to address unpaid meal charges throughout the District in a way that does not stigmatize, distress, or embarrass students. The provisions of this policy pertain to regular priced reimbursable school breakfast, lunch and snack meals only. Charging of items outside of the reimbursable meals (a la carte items, adult meals, etc.) is expressly prohibited.
Access to Meals
a) Free meal benefit eligible students will be allowed to receive a free breakfast and lunch meal of their choice each day. A la carte items or other similar items must be paid/prepaid.
b) Reduced meal benefit eligible students will be allowed to receive a breakfast of their choice and lunch of their choice for no higher than the National School Lunch Program rate each day. A la carte items or other similar items must be paid/prepaid.
c) Full pay students will pay for meals at the District’s published paid meal rate each day. The charge meals offered to students will be reimbursable meals available to all students, unless the student’s parent or guardian has specifically provided written permission to the District to withhold a meal. A la carte items or other similar items must be paid/prepaid.
Ongoing Staff Training
a) Staff will be trained annually and throughout the year as needed on the procedures for managing meal charges using the State Education Department (SED) Webinar or the District’s training program.
b) Staff training will include ongoing eligibility certification for free or reduced-price meals.
Parent Notification
Parents/guardians will be notified that a student’s meal card or account balance is exhausted and has accrued unpaid meal charges within 30 days of the charge and then every seven to ten days thereafter.
Parent Outreach
a) Staff will communicate with parents/guardians with five or more unpaid meal charges to determine eligibility for free or reduced-price meals.
b) Staff will make two documented attempts to reach out to parents/guardians to complete a meal application in addition to the application and instructions provided in the school enrollment packet.
c) Staff will contact the parent/guardian to offer assistance with completion of meal application to determine if there are other issues within the household causing the student to have insufficient funds, offering any other assistance that is appropriate.
Minimizing Student Distress
a) Staff will not publicly identify or stigmatize any student in line for a meal or discuss any outstanding meal debt in the presence of any other students.
b) Students with unpaid meal charges will not be required to wear a wristband or handstamp, or to do chores or other work to pay for meals.
c) Staff will not throw away a meal after it has been served because of the student’s inability to pay for the meal or because of previous unpaid meal charges.
d) Staff will not take any action directed at a student to collect unpaid meal charges.
e) Staff will deal directly with parents/guardians regarding unpaid meal charges.
Ongoing Eligibility Certification
a) Staff will conduct direct certification through the New York Student Identification System (NYSSIS) or using SED Roster Upload to maximize free eligibility. NYSED provides updated direct certification data monthly.
b) Staff will provide parents/guardians with free and reduced-price application and instructions at the beginning of each school year in the school enrollment packet.
c) If the District uses an electronic meal application, it will provide an explanation of the process in the school enrollment packet and instructions on how to request a paper application at no cost.
d) The District will provide at least two additional free and reduced-price applications throughout the school year to families identified as owing meal charges.
e) The District will use its administrative prerogative to complete an application on a student’s behalf judiciously, and only after using exhaustive efforts to obtain a completed application from the student’s parent/guardian. The District will complete the application using only available information on family size and income that falls within approvable guidelines.
f) The District will coordinate with the foster, homeless, migrant, and runaway coordinators to certify eligible students. School liaisons required for homeless, foster, and migrant students will coordinate with the nutrition department to make sure these students receive free school meals, in accordance with federal law.
Prepaid Accounts
Students/Parents/Guardians may pay for meals in advance via www.myschoolbucks.com or with a check payable to Jamesville-DeWitt Food Service. Further details are available on the District’s webpage at www.jamesvilledewitt.org. Funds should be maintained in accounts to minimize the possibility that a student may be without meal money on any given day. Any remaining funds for a particular student will be carried over to the next school year.
To obtain a refund for a withdrawn or graduating student, a written or e-mailed request for a refund of any money remaining in the student’s account must be submitted. Students who are graduating at the end of the year will be given the option to transfer any remaining money to a sibling’s account through a written request.
Unclaimed funds must be requested within one school year. Unclaimed funds will then become the property of the District Food Service Program.
42 USC § 1758
7 CFR §§ 210.12 and 245.5
Education Law § 908
8 NYCRR § 114.5
Adoption Date: May 23, 2022
5661 WELLNESS
The District is committed to providing a school environment that promotes and protects students’ health, well-being, and ability to learn, by fostering healthy eating and physical activity before, during, and after the school day. This wellness policy outlines the District’s approach to ensuring environments and opportunities for all students to practice healthy eating and physical activity behaviors throughout the school day while minimizing commercial distractions. This wellness policy applies to all students, staff, and schools in the District.
Definitions
For the purpose of this wellness policy:
a) School campus means all areas of property under the jurisdiction of the District that are accessible to students during the school day.
b) School day means the period from the midnight before, to 30 minutes after the end of the official school day.
Governance
District Wellness Committee
The District has established a wellness committee that meets at least annually to oversee and establish goals for school health and safety policies and programs, including the development, implementation, and periodic review and update of this district-level wellness policy. The District Wellness Committee will evaluate and make recommendations that reflect the specific needs of the District and its students.
The District will actively seek members for the District Wellness Committee through the use of email, newsletters, the District’s website, the District’s social media page(s), and/or advertisements.
The District Wellness Committee membership will represent all school levels, and include (to the extent possible), but not be limited to, representatives from the following groups:
a) Parents and caregivers;
b) Students;
c) Physical Education teachers;
d) School health professionals;
e) District food service program representatives;
f) School Board;
g) School administrators;
h) General Education teachers;
i) Supplemental Nutrition Assistance Program Education (SNAP–ED) coordinators; and
j) Members of the public.
District Wellness Leadership
The following District official(s) is/are responsible for the implementation and oversight of this district-level wellness policy: the Director of Health, Physical Education and Athletics.
The contact information for this/these individual(s) is: wellness@jd.cnyric.org.
This/these individual(s) will be referred to as District Wellness Coordinator(s) throughout this wellness policy.
The District Wellness Coordinator(s) will convene the District Wellness Committee, facilitate the development of and updates to this wellness policy, and serve as liaison(s) with community agencies. The District Wellness Coordinator(s) will also work to ensure each school’s compliance with this wellness policy.
Wellness Policy Implementation, Monitoring, Accountability, and Community Engagement
The District will develop and maintain an implementation plan to manage and coordinate the execution of this wellness policy. The plan delineates roles, responsibilities, actions, and timelines specific to each school. It also includes specific goals and objectives for nutrition standards for all foods and beverages available on the school campus, food and beverage marketing, nutrition promotion and education, physical activity, physical education, and other school-based activities that promote student wellness. In developing these goals, the District will review and consider evidence-based strategies and techniques.
Annual Notification of Policy
The District will inform families and the general public each year, via the District website and/or District-wide communications, of information about this wellness policy, including, but not limited to: its implementation status, its content, and any updates to the policy. The District will endeavor to share as much information as possible about its schools’ nutrition environment, including a summary of school events or activities relative to this wellness policy implementation. Each year, the District will also publicize the name and contact information of the District official(s) leading and coordinating the District Wellness Committee, as well as information on how the community may get involved with the District Wellness Committee.
Triennial Assessments
At least once every three years, the District will assess its compliance with this wellness policy. The triennial assessment will measure the implementation of this wellness policy, and include an assessment of:
a) The extent to which schools in the District are in compliance with this wellness policy;
b) The extent to which this wellness policy compares to model local school wellness policies; and
c) A description of the progress made in attaining the goals of this wellness policy.
The following District official(s) is/are responsible for managing the District’s triennial assessment: the Director of Health, Physical Education and Athletics.
The contact information for this/these individual(s) is: wellness@jd.cnyric.org.
The District will actively notify the public of the availability of the triennial assessment results.
Revisions and Updating the Policy
This wellness policy will be assessed and updated, at a minimum, every three years based on the results of the triennial assessment. This wellness policy may also be updated as: District priorities change; community needs change; wellness goals are met; new health science, information and technology emerge; and/or new federal or state guidance or standards are issued.
Evaluation and feedback from interested parties are welcomed as an essential part of revising and updating this wellness policy.
Community Involvement, Outreach, and Communications
The District is committed to being responsive to community input, which begins with an awareness of this wellness policy. On an annual basis, the District will make this wellness policy available to families and the public. The District will also annually inform families and the public, in culturally and linguistically appropriate ways, of its content and implementation status, as well as any updates to this wellness policy. The District will make this information available via the district website and/or district-wide communications. The District will use these same means to inform families and the public on how to become involved with and support this wellness policy, as well as about the results of the triennial assessment.
Recordkeeping
The District will retain records to document compliance with the requirements of this wellness policy in the District Office and/or on the District’s central computer network. Documentation maintained at this location includes, but is not limited to:
a) The written wellness policy;
b) Documentation demonstrating that this wellness policy has been made available to the public;
c) Documentation of efforts to review and update this wellness policy, including an indication of who is involved in the update and methods the District uses to make stakeholders aware of their ability to participate on the District Wellness Committee;
d) Documentation demonstrating compliance with the annual public notification requirements;
e) The most recent triennial assessment on the implementation of this wellness policy; and
f) Documentation demonstrating that the most recent triennial assessment results have been made available to the public.
Nutrition
The District seeks to ensure all of its students obtain the knowledge and skills necessary to make nutritious food selections and enjoy life-long physical activity. To this end, the District sets forth the following goals relating to nutrition.
School Meals
The District is committed to promoting student health and reducing childhood obesity by:
a) Serving meals that meet or exceed nutrition requirements established by local, state, and federal laws and regulations;
b) Ensuring all students have a scheduled lunch period;
c) Providing all students with adequate time to consume meals;
d) Promoting healthy food and beverage choices;
e) Preparing meals that are appealing and attractive to students;
f) Serving meals in clean and pleasant settings;
g) Having lunch follow the recess period to better support learning and healthy eating; and
h) Encouraging student participation in federal Child Nutrition Programs.
Child Nutrition Programs aim to improve the diet and health of school children, help mitigate childhood obesity, model healthy eating to support the development of lifelong healthy eating patterns and support healthy choices while accommodating cultural food preferences and special dietary needs.
All schools within the District participate in the federal Child Nutrition Programs.
Staff Qualifications and Professional Development
All school nutrition program directors, managers, and staff will meet or exceed hiring and annual continuing education and training requirements as specified in the USDA Professional Standards for School Nutrition Professionals. In order to locate the training that best fits their learning needs, school nutrition personnel will refer to the USDA’s Professional Standards for School Nutrition Standards website.
Water
To promote hydration, free, safe, unflavored drinking water will be available to all students and staff throughout the school day and throughout every school campus. The District will make drinking water available where school meals are served during meal times.
Competitive Foods and Beverages
All competitive foods will meet, at a minimum, the USDA Smart Snacks in School nutrition standards. The Smart Snacks in School nutrition standards aim to improve student health and well-being, increase consumption of healthful foods during the school day and create an environment that reinforces the development of healthy eating habits.
Competitive foods include all food and beverages available for sale to students on the school campus during the school day other than meals reimbursed through programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. This includes, but is not limited to, a la carte options in cafeterias, vending machines, school stores, and snack or food carts.
Foods and Beverages Provided, But Not Sold, to Students During the School Day
The District is committed to ensuring that all foods and beverages available to students on the school campus during the school day support healthy eating. The foods and beverages provided, but not sold, to students on the school campus during the school day (e.g. classroom parties, classroom snacks brought by parents, or other foods given as incentives) will meet or exceed the USDA nutrition standards for all foods sold in schools-beyond the federally supported meals programs.
Food and Beverages Marketing in Schools
All foods and beverages marketed or promoted to students on the school campus during the school day will meet, at a minimum, the USDA Smart Snacks in School nutrition standards. Food marketing commonly includes oral, written, or graphic statements made for the purpose of promoting the sale of a food or beverage product.
The District is aware that certain scoreboards, signs, and other durable equipment it employs may market foods and beverages in a way that is inconsistent with the aims of this wellness policy. While the immediate replacement of this equipment is not required, as the District replaces or updates this equipment over time, it will ensure its replacement and purchasing decisions reflect the marketing guidelines established by this wellness policy.
Nutrition Promotion and Education
Nutrition promotion and education positively influences lifelong eating behaviors. The District will model and encourage healthy eating by:
a) Promoting healthy food and beverage choices for all students by using Smarter Lunchroom techniques which guide students toward healthful choices, as well as by ensuring that 100% of foods and beverages promoted to students meet the USDA Smart Snacks in School nutrition standards;
b) Promoting nutrition education activities that involve parents, students, and the community;
c) Promoting school and community awareness of this wellness policy through various means, such as publication on the District website;
d) Encouraging participation in federal Child Nutrition Programs;
e) Ensuring that the marketing and advertising of foods and beverages on school campuses during the school day is consistent with nutrition education and health promotion;
f) Integrating nutrition education within the comprehensive health education curriculum and other instructional areas, as appropriate, and taught at every grade level, K through 12. Nutrition education follows applicable New York State standards and is designed to help students acquire:
1. Nutrition knowledge, including, but not limited to: the benefits of healthy eating; essential nutrients; nutritional deficiencies; principles of healthy weight management; the use and misuse of dietary supplements; and safe food storage, handling, and preparation; and
2. Nutrition-related skills, including, but not limited to: planning healthy meals; understanding and using food labels; critically evaluating nutrition information, misinformation, and commercial food advertising; assessing personal eating habits; and setting and achieving goals related to these concepts;
g) Providing families and teachers with a list of healthy party ideas, including non-food celebration ideas;
h) Providing families with a list of classroom snacks and beverages that meet USDA Smart Snacks in School nutrition standards;
i) Discouraging staff from using food as a reward or withholding food as punishment under any circumstance – teachers and other appropriate school staff will be provided with a list of alternative ways to reward students; and
j) Encouraging District staff to model healthy eating, drinking, and physical activity behaviors for students.
Physical Activity and Education
Physical Activity
Since physical activity affects students’ emotional and physical well-being, as well as their cognitive development, the District is committed to ensuring that all students, including students with disabilities requiring adaptations or modifications, are provided the opportunity to participate in physical activity before, during, and after school. Physical activity opportunities will be in addition to, not in lieu of, physical education.
Recess, physical education, or other physical activity time will not be cancelled for instructional make-up time, nor will it be withheld for disciplinary action unless the student is a danger to himself, herself or others. This does not include participation on sport teams that may have specific academic requirements. Classroom teachers will be provided with a list of ideas for alternative ways to discipline students.
The District is committed to encouraging physical activity through the following:
a) Classroom Physical Activity Breaks (Elementary and Secondary)
All classroom teachers, and particularly those engaged in the instruction of K through 5 students, are strongly encouraged to incorporate into the school day short breaks for students that include physical activity, especially after long periods of inactivity.
b) Recess (Elementary)
All elementary students will be offered one daily period of recess for a minimum of 20 minutes. This requirement will not apply on days where students arrive late, leave early, or are otherwise on campus for less than a full day. Outdoor recess will be offered when weather permits. In the event that indoor recess is necessary, it will be offered in a place that accommodates moderate to vigorous physical activity.
c) Active Academics
Teachers are encouraged to incorporate kinesthetic learning approaches into core learning subjects when possible to limit sedentary behavior during the school day.
d) Before and After School Activities
The District will offer opportunities for all students to participate in physical activity before and/or after the school day through various methods, such as physical activity clubs, intramurals, and interscholastic sports.
Physical Education
The District will have a Board-approved Physical Education Plan on file with the New York State Education Department that meets or exceeds the requirements set forth in the Commissioner’s regulations. All students will be required to fulfill the physical education requirements set forth in the Commissioner’s regulations as a condition of graduating from the District’s schools.
The District recognizes the importance of physical education classes in providing students with meaningful opportunities for physical exercise and development. Consequently, the District will ensure that:
a) All physical education classes are taught or supervised by a certified physical education teacher;
b) All physical education staff receive professional development relevant to physical education on an annual basis;
c) Interscholastic sports, intramural sports, and recess do not serve as substitutes for a quality physical education program;
e) It provides adequate space and equipment for physical education and conforms to all applicable safety standards;
f) An age-appropriate, sequential physical education curriculum consistent with national and state standards for physical education is implemented, with a focus on students’ development of motor skills, movement forms, and health-related fitness;
g) A physical and social environment is provided that encourages safe and enjoyable activity for all students; and
h) Activities or equipment are adapted or modified to meet the needs of students who are temporarily or permanently unable to participate in the regular program of physical education. In doing so, the District will abide by specific provisions in 504 Plans and/or individualized education programs (IEP). To that end, the Committee on Special Education (CSE) will ensure that a certified physical education teacher participates in the development of a student’s IEP, if the student may be eligible for adapted physical education.
Other School-Based Activities that Promote Student Wellness
The District is committed to establishing a school environment that is conducive to healthy eating and physical activity for all. The District will, therefore, pursue the following:
Community Partnerships
The District will develop, enhance, and continue relationships with community partners in support of the implementation of this wellness policy. Existing and new community partnerships will be evaluated to ensure they are consistent with this wellness policy and its goals. The District will provide all community partners with a copy of this wellness policy so that they are aware of the District’s requirements and goals.
Community Access to District Facilities for Physical Activities
School grounds and facilities will be made available to students, staff, community members and organizations, and agencies offering physical activity and nutrition programs consistent with District policy. Subject to provisions regarding conduct on school grounds and administrative approval of use by outside organizations.
Professional Learning
When feasible, the District will offer annual professional learning opportunities and resources for staff to increase knowledge and skills about promoting healthy behaviors in the classroom (e.g., increasing the use of kinesthetic teaching approaches or incorporating nutrition lessons into math class). Professional learning will help District staff understand the connections between academics and health and the ways in which health and wellness are integrated into ongoing district reform or academic improvement plans/efforts.
42 USC §§ 1758, 1758b
7 CFR §§ 210.10, 210.11, 210.18, 210.31, and 220.8
USDA, SP 24-2017, Local School Wellness Policy: Guidance and Q&As (Apr. 6, 2017)
81 Fed. Reg. 50,151 (July 29, 2016) (codified at 7 CFR parts 210 & 220)
Education Law § 915
8 NYCRR § 135.4
Memorandum from N.Y. St. Educ. Department on Smart Snacks Standards and Fundraisers (Sept. 16, 2014)
NOTE: Refer also to Policy #5660 — Meal Charging and Prohibition Against Meal Shaming
Adoption Date: May 23, 2022
5670 RECORDS MANAGEMENT
The Superintendent will designate a Records Management Officer, subject to Board approval, to develop and coordinate the District’s orderly and efficient records management program. Among other aspects, this program includes the legal disposition or destruction of obsolete records and the storage and management of inactive records. The Records Management Officer will work with other District officials to develop and maintain this program.
The District may create a Records Advisory Board to assist in establishing and supporting the records management program. Members of this board may include the District’s legal counsel, the fiscal officer, and the Superintendent or designee, among others.
Retention and Disposition of Records
The District will retain records and dispose of them in accordance with the Retention and Disposition Schedule for New York Local Government Records (LGS-1) or as otherwise approved by the Commissioner of Education. Further, if any law specifically provides a retention period longer than that established by this schedule, the retention period established by the law will govern.
Replacing Original Records with Microforms or Electronic Images
The District will follow procedures prescribed by the Commissioner of Education to ensure accessibility for the life of any microform or electronic records that replace paper originals or micrographic copies.
Retention and Preservation of Electronic Records
The District will ensure that records retention requirements are incorporated into any program, plan, or process for design, redesign, or substantial enhancement of an information system that stores electronic records. The District will also ensure that electronic records are not rendered unusable because of changing technology before their retention and preservation requirements expire.
Arts and Cultural Affairs Law Article 57-a
8 NYCRR Part 185
Adoption Date: May 23, 2022
5671 DISPOSAL OF CONSUMER REPORT INFORMATION AND RECORDS
In accordance with the Federal Trade Commission’s (FTC) “Disposal Rule,” and in an effort to protect the privacy of consumer information, reduce the risk of fraud and identity theft, and guard against unauthorized access to or use of the information, the District will take appropriate measures to properly dispose of sensitive information (i.e., personal identifiers) contained in or derived from consumer reports and records. The District may determine what measures are reasonable based on the sensitivity of the information, the costs and benefits of different disposal methods, and changes in technology.
The term “consumer report” includes information obtained from a consumer reporting company that is used—or expected to be used—in establishing a consumer’s eligibility for employment or insurance, among other purposes. The term “employment purposes” when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.
The FTC Disposal Rule defines “consumer information” as “any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report. Consumer information also means a compilation of these records. Consumer information does not include information that does not identify individuals, such as aggregate information or blind data.”
Information Covered by the Disposal Rule
There are a variety of personal identifiers beyond simply a person’s name that would bring information within the scope of the Disposal Rule, including, but not limited to, a social security number, driver’s license number, phone number, physical address, and email address. Depending upon the circumstances, data elements that are not inherently identifying can, in combination, identify particular individuals.
Proper Disposal
The District will utilize disposal practices that are reasonable and appropriate to prevent the unauthorized access to—or use of—information contained in or derived from consumer reports and records. Reasonable measures to protect against unauthorized access to or use of consumer information in connection with District disposal include the following examples.
a) Burning, pulverizing, or shredding of papers containing consumer information so that the information cannot practicably be read or reconstructed;
b) Destroying or erasing electronic media containing consumer information so that the information cannot practicably be read or reconstructed;
c) After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material, specifically identified as consumer information, in a manner consistent with the Disposal Rule. In this context, due diligence could include:
1. Reviewing an independent audit of the disposal company’s operations and/or its compliance with the Disposal Rule;
2. Obtaining information about the disposal company from several references or other reliable sources;
3. Requiring that the disposal company be certified by a recognized trade association or similar third party;
4. Reviewing and evaluating the disposal company’s information security policies or procedures;
5. Taking other appropriate measures to determine the competency and integrity of the potential disposal company; or
6. Requiring that the disposal company have a certificate of registration from the New York Department of State issued on or after October 1, 2008.
d) For persons (as defined in accordance with the Fair Credit Reporting Act) or entities who maintain or otherwise possess consumer information through their provision of services directly to a person subject to the Disposal Rule, monitoring compliance with policies and procedures that protect against unauthorized or unintentional disposal of consumer information, and disposing of this information in accordance with examples a) and b) above.
Implementation of Practices and Procedures
The Board delegates to the Superintendent or designee the authority and responsibility to review current practices regarding the disposal of consumer information; and to implement such further reasonable and appropriate procedures, including staff training as necessary, to ensure compliance with the FTC’s Disposal Rule.
The Fair Credit Reporting Act, 15 USC § 1681 et seq.
The Fair and Accurate Credit Transactions Act of 2003, Public Law §§ 108-159
Federal Trade Commission Disposal of Consumer Report Information and Records, 16 CFR Part 682
General Business Law Article 39-G
Adoption Date: May 23, 2022
5672 INFORMATION SECURITY BREACH AND NOTIFICATION
The District values the protection of private information of individuals in accordance with applicable law and regulations. The District is required to notify affected individuals when there has been or is reasonably believed to have been a compromise of the individual’s private information in compliance with the Information Security Breach and Notification Act and Board policy.
a) “Personal information” means any information concerning a person which, because of name, number, symbol, mark, or other identifier, can be used to identify that person.
b) “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 combination of personal information plus the data element is not encrypted or encrypted with an encryption key that has also been accessed or acquired:
(a) Social security number;
(b) Driver’s license number or non-driver identification card number;
(c) 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;
(d) Account number, or credit or debit card number, if circumstances exist where the number could be used to access an individual’s financial account without additional identifying information, security code, access code, or password; or
(e) Biometric information, meaning data generated by electronic measurements of an individual’s unique physical characteristics, such as fingerprint, voice print, retina or iris image, or other unique physical representation or digital representation which are used to authenticate or ascertain the individual’s identity;
2. A username or email address in combination with a password or security question and answer that would permit access to an online account.
Private information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
c) “Breach of the security of the system” means unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the District. Good faith acquisition of personal information by an employee or agent of the District for the purposes of the District is not a breach of the security of the system, provided that private information is not used or subject to unauthorized disclosure.
Determining if a Breach Has Occurred
In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or person without valid authorization, the District may consider the following factors, among others:
a) Indications that the information is in the physical possession or control of an unauthorized person, such as a lost or stolen computer or other device containing information;
b) Indications that the information has been downloaded or copied;
c) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported; or
d) System failures.
Notification Requirements
a) For any computerized data owned or licensed by the District that includes private information, the District will disclose any breach of the security of the system following discovery or notification of the breach to any New York State resident 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 restore the integrity of the data 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. Within 90 days of the notice of the breach, the New York State Office of Information Technology Services will deliver a report to the District on the scope of the breach and recommendations to restore and improve the security of the system.
b) Notice to affected persons under State Technology Law is not required if the exposure of private information was an inadvertent disclosure by persons authorized to access private information, and the District reasonably determines the exposure will not likely result in the misuse of the information, or financial or emotional harm to the affected persons. This determination must be documented in writing and maintained for at least five years. If the incident affected over 500 New York State residents, the District will provide the written determination to the New York State Attorney General within ten days after the determination.
c) If notice of the breach of the security of the system is made to affected persons pursuant to the breach notification requirements under certain laws and regulations, the District is not required to provide additional notice to those affected persons under State Technology Law. However, the District will still provide notice to the New York State Attorney General, the New York State Department of State, the New York State Office of Information Technology Services, and to consumer reporting agencies.
d) For any computerized data maintained by the District that includes private information which the District does not own, the District will notify the owner or licensee of the information of any breach of the security of the system 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 notification requirement may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The required notification will be made after the law enforcement agency determines that the notification does not compromise the investigation.
If the District is required to provide notification of a breach, including breach of information that is not private information, to the United States Secretary of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 or the Health Information Technology for Economic and Clinical Health Act, it will provide notification to the New York State Attorney General within five business days of notifying the United States Secretary of Health and Human Services.
Methods of Notification
The required notice will be directly provided to the affected persons by one of the following methods:
a) Written notice;
b) Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form and a log of each notification is kept by the District when notifying affected persons in electronic form. However, in no case will the District require a person to consent to accepting the notice in electronic form as a condition of establishing any business relationship or engaging in any transaction;
c) Substitute notice, if the District demonstrates to the New York State Attorney General that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds 500,000, or that the District does not have sufficient contact information. Substitute notice will consist of all of the following:
1. Email notice when the District has an email address for the subject persons;
2. Conspicuous posting of the notice on the District’s website page, if the District maintains one; and
3. Notification to major statewide media.
Regardless of the method by which notice is provided, the notice will include:
a) Contact information for the notifying District;
b) The telephone numbers and websites of the relevant state and federal agencies that provide information regarding security breach response and identity theft prevention and protection information; and
c) A description of the categories of information that were, or are reasonably believed to have been, accessed or acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, accessed or acquired.
In the event that any New York State residents are to be notified, the District will notify the New York State Attorney General, New York State Department of State, and New York State Office of Information Technology Services as to the timing, content, and distribution of the notices and approximate number of affected persons and provide a copy of the template of the notice sent to affected persons. This notice will be made without delaying notice to affected New York State residents.
In the event that 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 approximate number of affected persons. This notice will be made without delaying notice to affected New York State residents.
A list of consumer reporting agencies will be compiled by the New York State Attorney General and furnished upon request to any district required to make a notification in accordance with State Technology Law.
State Technology Law §§ 202 and 208
Adoption Date: May 23, 2022
5673 EMPLOYEE PERSONAL IDENTIFYING INFORMATION
The District will restrict the use and access to employee personal identifying information. As defined in law, “personal identifying information” includes social security number, home address or telephone number, personal electronic mail address, Internet identification name or password, parent’s surname prior to marriage, or driver’s license number.
The District will not unless otherwise required by law:
a) Publicly post or display an employee’s social security number;
b) Visibly print a social security number on any identification badge or card, including any time card;
c) Place a social security number in files with unrestricted access; or
d) Communicate an employee’s personal identifying information to the general public.
A social security number will not be used as an identification number for purposes of any occupational licensing.
District staff will have access to this policy, informing them of their rights and responsibilities in accordance with Labor Law Section 203-d. District procedures for safeguarding employee “personal identifying information” will be evaluated; and employees who have access to this information as part of their job responsibilities will be advised as to the restrictions on release of this information in accordance with law.
Labor Law § 203-d
Adoption Date: May 23, 2022
5674 DATA NETWORKS AND SECURITY ACCESS
The District values the protection of private information of individuals in accordance with applicable law, regulations, and best practice. Accordingly, District officials and Information Technology (IT) staff will plan, implement, and monitor IT security mechanisms, procedures, and technologies necessary to prevent improper or illegal disclosure, modification, or denial of sensitive information in the District Computer System (DCS). Similarly, IT mechanisms and procedures will also be implemented in order to safeguard District technology resources, including computer hardware and software. District network administrators may review District computers to maintain system integrity and to ensure that individuals are using the system responsibly. Users should not expect that anything stored on school computers or networks will be private.
In order to achieve the objectives of this policy, the Board entrusts the Superintendent or designee to:
a) Inventory and classify personal, private, and sensitive information on the DCS to protect the confidentiality, integrity, and availability of information;
b) Develop password standards for all users including, but not limited to, how to create passwords and how often passwords should be changed by users to ensure security of the DCS;
c) Ensure that the “audit trail” function is enabled within the District’s network operating system, which will allow the District to determine on a constant basis who is accessing the DCS, and establish procedures for periodically reviewing audit trails;
d) Develop procedures to control physical access to computer facilities, data rooms, systems, networks, and data to only authorized individuals; these procedures may include ensuring that server rooms remain locked at all times and the recording of arrival and departure dates and times of employees and visitors to and from the server room;
e) Establish procedures for tagging new purchases as they occur, relocating assets, updating the inventory list, performing periodic physical inventories, and investigating any differences in an effort to prevent unauthorized and/or malicious access to these assets;
f) Periodically grant, change, and terminate user access rights to the overall networked computer system and to specific software applications and ensure that users are given access based on, and necessary for, their job duties;
g) Limit user access to the vendor master file, which contains a list of vendors from which District employees are permitted to purchase goods and services, to only the individual who is responsible for making changes to this list, and ensure that all former employees’ access rights to the vendor master list are promptly removed;
h) Determine how, and to whom, remote access should be granted, obtain written agreements with remote access users to establish the District’s needs and expectations, as appropriate, and monitor and control remote access;
i) Verify that laptop computer systems assigned to teachers and administrators use full-disk encryption software to protect against loss of sensitive data;
j) Deploy software to servers and workstations to identify and eradicate malicious software attacks such as viruses and malware;
k) Develop a disaster recovery plan appropriate for the size and complexity of District IT operations to ensure continuous critical IT services in the event of any sudden, catastrophic event, including, but not limited to fire, computer virus, or deliberate or inadvertent employee action.
Adoption Date: May 23, 2022
5675 STUDENT GRADING INFORMATION SYSTEMS
Student performance is assessed in many ways, but primarily through assigned grades. The District will help ensure the integrity of student grades by controlling access to its grading information system and by approving modifications to grades where warranted.
The System
The District utilizes an electronic software system that contains a record of student performance, credit accumulation, report cards, and a transcript. More specifically, the system includes class rosters where teachers enter student grades and track their students’ academic progress. The system is used to generate student report cards and transcripts, and to maintain all student grading records.
To protect student data in the system, the District will first establish who has the authority to grant, change, or terminate user access. The personnel with this authority will be very limited. Further, if the grading system has a feature that allows one user or account to assume the identity of another user or account, the District will restrict or disable that feature. These types of features could allow a user greater access than intended, including inheriting permissions of another user that are greater than the user’s.
System Access
The District will create categories of system users and assign appropriate system permissions to each. Users’ permissions will be compatible with and restricted by their roles and job duties; their access will be as restrictive as possible. Typically, teachers will have the ability to enter, update, and modify grades each marking period before a pre-determined lockout date. The lockout function will be consistently used throughout the school year to help prevent grade modifications without authorization after a marking period closes. Through increased system permissions, other individuals—such as non-classroom teachers, guidance counselors, information technology (IT) staff, clerical staff, and support staff—will be able to view or modify grades.
The District will work with its IT, human resources, and other appropriate departments to determine how best to timely establish access rights, add users, deactivate or modify user accounts, and monitor user accounts. As appropriate, the District will develop further IT controls that protect against improper access and promote data security. Further, the District recognizes that system access is most secure when District-owned devices are used. Accordingly, staff should only use District-owned devices to view, enter, or modify student grades and comments.
Grade Changes
Once the lockout period begins, only authorized users identified by the District may change grades, and only under certain circumstances. The system will recognize when grades change, and a log of modified grades may then be viewed and printed. Any grade mismatches will be reconciled before the next marking period closes or before the end of the school year, whichever is earlier.
The staff member seeking to change a grade will submit a grade-change form signed by the requesting party, the teacher who assigned the original grade, and the appropriate administrator. This form and all other documents supporting a grade modification will be electronically filed in the grading system or filed in a non-electronic system—if electronic filing is impossible or impractical—and maintained for six years. The personnel seeking the modification should specify one or more reasonable grounds for the grade change on the form. There must be reasonable grounds to alter a grade. The reasons may include:
a) Data entry error;
b) Computational error;
c) A modification based on work submitted or considered after the lockout date;
d) Changing an incomplete grade to a regular grade because a student completed course requirements;
e) Credit recovery coursework;
f) Administrative change; or
g) Other acceptable justifications.
Audit Log and Monitoring
The District’s grading system will have an audit log or grade-change report function that records certain system activities, including modifications to grades. The District will periodically monitor audit logs or grade-change reports to confirm the integrity of the system, to ensure proper access by personnel, and to confirm that modifications within the system are appropriate and completed in a timely manner. The District will also periodically monitor user accounts and rights so that the permissions granted are proper and the minimum necessary for each user or user group. To the extent feasible, the District will make sure that user accounts are current and updated regularly. The District will be able to print user information, logs, reports, and other documents from the student grading information system, as needed.
Student Transcripts
Student transcripts may show all credit-bearing classes; final grades; test scores; grade-point average; class rank; diploma type; SAT, ACT, and other standardized test scores; and graduation date. The same controls, protections, and monitoring applicable to student grading information apply equally to student transcripts.
Adoption Date: May 23, 2022
5676 PRIVACY AND SECURITY FOR STUDENT DATA AND TEACHER AND PRINCIPAL DATA
The District is committed to maintaining the privacy and security of student data and teacher and principal data and will follow all applicable laws and regulations for the handling and storage of this data in the District and when disclosing or releasing it to others, including, but not limited to, third-party contractors. The District adopts this policy to implement the requirements of Education Law Section 2-d and its implementing regulations, as well as to align the District’s data privacy and security practices with the National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1).
Definitions
As provided in Education Law Section 2-d and/or its implementing regulations, the following terms, as used in this policy, will mean:
a) “Breach” means the unauthorized acquisition, access, use, or disclosure of student data and/or teacher or principal data by or to a person not authorized to acquire, access, use, or receive the student data and/or teacher or principal data.
b) “Building principal” means a building principal subject to annual performance evaluation review under the provisions of Education Law Section 3012-c.
c) “Classroom teacher” means a teacher subject to annual performance evaluation review under the provisions of Education Law Section 3012-c.
d) “Commercial or marketing purpose” means the sale of student data; or its use or disclosure for purposes of receiving remuneration, whether directly or indirectly; the use of student data for advertising purposes, or to develop, improve, or market products or services to students.
e) “Contract or other written agreement” means a binding agreement between an educational agency and a third-party, which includes, but is not limited to, an agreement created in electronic form and signed with an electronic or digital signature or a click-wrap agreement that is used with software licenses, downloaded, and/or online applications and transactions for educational technologies and other technologies in which a user must agree to terms and conditions prior to using the product or service.
f) “Disclose” or “disclosure” means to permit access to, or the release, transfer, or other communication of personally identifiable information by any means, including oral, written, or electronic, whether intended or unintended.
g) “Education records” means an education record as defined in the Family Educational Rights and Privacy Act and its implementing regulations, 20 USC Section 1232g and 34 CFR Part 99, respectively.
h) “Educational agency” means a school district, board of cooperative educational services (BOCES), school, or the New York State Education Department (NYSED).
i) “Eligible student” means a student who is eighteen years or older.
j) “Encryption” means methods of rendering personally identifiable information unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified or permitted by the Secretary of the United States Department of Health and Human Services in guidance issued under 42 USC Section 17932(h)(2).
k) “FERPA” means the Family Educational Rights and Privacy Act and its implementing regulations, 20 USC Section 1232g and 34 CFR Part 99, respectively.
l) “NIST Cybersecurity Framework” means the U.S. Department of Commerce National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1). A copy of the NIST Cybersecurity Framework is available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, New York 12234.
m) “Parent” means a parent, legal guardian, or person in parental relation to a student.
n) “Personally identifiable information (PII),” as applied to student data, means personally identifiable information as defined in 34 CFR Section 99.3 implementing the Family Educational Rights and Privacy Act, 20 USC Section 1232g, and, as applied to teacher or principal data, means personally identifying information as this term is defined in Education Law Section 3012-c(10).
o) “Release” has the same meaning as disclosure or disclose.
p) “Student” means any person attending or seeking to enroll in an educational agency.
q) “Student data” means personally identifiable information from the student records of an educational agency.
r) “Teacher or principal data” means personally identifiable information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not subject to release under the provisions of Education Law Sections 3012-c and 3012-d.
s) “Third-party contractor” means any person or entity, other than an educational agency, that receives student data or teacher or principal data from an educational agency pursuant to a contract or other written agreement for purposes of providing services to the 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 term will include an educational partnership organization that receives student and/or teacher or principal data from a school district to carry out its responsibilities pursuant to Education Law Section 211-e and is not an educational agency, and a not-for-profit corporation or other nonprofit organization, other than an educational agency.
t) “Unauthorized disclosure” or “unauthorized release” means any disclosure or release not permitted by federal or state statute or regulation, any lawful contract or written agreement, or that does not respond to a lawful order of a court or tribunal or other lawful order.
Data Collection Transparency and Restrictions
As part of its commitment to maintaining the privacy and security of student data and teacher and principal data, the District will take steps to minimize its collection, processing, and transmission of PII. Additionally, the District will:
a) Not sell PII nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.
b) Ensure that it has provisions in its contracts with third-party contractors or in separate data sharing and confidentiality agreements that require the confidentiality of shared student data or teacher or principal data be maintained in accordance with law, regulation, and District policy.
Except as required by law or in the case of educational enrollment data, the District will not report to NYSED the following student data elements:
a) Juvenile delinquency records;
b) Criminal records;
c) Medical and health records; and
d) Student biometric information.
Nothing in Education Law Section 2-d or this policy should be construed as limiting the administrative use of student data or teacher or principal data by a person acting exclusively in the person’s capacity as an employee of the District.
The Commissioner of Education has appointed a Chief Privacy Officer who will report to the Commissioner on matters affecting privacy and the security of student data and teacher and principal data. Among other functions, the Chief Privacy Officer is authorized to provide assistance to educational agencies within the state on minimum standards and best practices associated with privacy and the security of student data and teacher and principal data.
The District will comply with its obligation to report breaches or unauthorized releases of student data or teacher or principal data to the Chief Privacy Officer in accordance with Education Law Section 2-d, its implementing regulations, and this policy.
The Chief Privacy Officer has the power, among others, to:
a) Access all records, reports, audits, reviews, documents, papers, recommendations, and other materials maintained by the District that relate to student data or teacher or principal data, which includes, but is not limited to, records related to any technology product or service that will be utilized to store and/or process PII; and
b) Based upon a review of these records, require the District to act to ensure that PII is protected in accordance with laws and regulations, including but not limited to requiring the District to perform a privacy impact and security risk assessment.
Data Protection Officer
The District has designated a District employee to serve as the District’s Data Protection Officer. The Data Protection Officer for the District is: the Assistant Superintendent for Educational Services.
The Data Protection Officer is responsible for the implementation and oversight of this policy and any related procedures including those required by Education Law Section 2-d and its implementing regulations, as well as serving as the main point of contact for data privacy and security for the District.
The District will ensure that the Data Protection Officer has the appropriate knowledge, training, and experience to administer these functions. The Data Protection Officer may perform these functions in addition to other job responsibilities. Additionally, some aspects of this role may be outsourced to a provider such as a BOCES, to the extent available.
The District will use the National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1) (Framework) as the standard for its data privacy and security program. The Framework is a risk-based approach to managing cybersecurity risk and is composed of three parts: the Framework Core, the Framework Implementation Tiers, and the Framework Profiles. The Framework provides a common taxonomy and mechanism for organizations to:
a) Describe their current cybersecurity posture;
b) Describe their target state for cybersecurity;
c) Identify and prioritize opportunities for improvement within the context of a continuous and repeatable process;
d) Assess progress toward the target state; and
e) Communicate among internal and external stakeholders about cybersecurity risk.
The District will protect the privacy of PII by:
a) Ensuring that every use and disclosure of PII by the District benefits students and the District by considering, among other criteria, whether the use and/or disclosure will:
1. Improve academic achievement;
2. Empower parents and students with information; and/or
3. Advance efficient and effective school operations.
b) Not including PII in public reports or other public documents.
The District affords all protections under FERPA and the Individuals with Disabilities Education Act and their implementing regulations to parents or eligible students, where applicable.
Third-Party Contractors
District Responsibilities
The District will ensure that whenever it enters into a contract or other written agreement with a third-party contractor under which the third-party contractor will receive student data or teacher or principal data from the District, the contract or written agreement will include provisions requiring that confidentiality of shared student data or teacher or principal data be maintained in accordance with law, regulation, and District policy.
In addition, the District will ensure that the contract or written agreement includes the third-party contractor’s data privacy and security plan that has been accepted by the District.
The third-party contractor’s data privacy and security plan must, at a minimum:
a) Outline how the third-party contractor will implement all state, federal, and local data privacy and security contract requirements over the life of the contract, consistent with District policy;
b) Specify the administrative, operational, and technical safeguards and practices the third-party contractor has in place to protect PII that it will receive under the contract;
c) Demonstrate that the third-party contractor complies with the requirements of 8 NYCRR Section 121.3(c);
d) Specify how officers or employees of the third-party contractor and its assignees who have access to student data or teacher or principal data receive or will receive training on the laws governing confidentiality of this data prior to receiving access;
e) Specify if the third-party contractor will utilize subcontractors and how it will manage those relationships and contracts to ensure PII is protected;
f) Specify how the third-party contractor will manage data privacy and security incidents that implicate PII including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the District;
g) Describe whether, how, and when data will be returned to the District, transitioned to a successor contractor, at the District’s option and direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires; and
h) Include a signed copy of the Parents’ Bill of Rights for Data Privacy and Security.
Each third-party contractor, that enters into a contract or other written agreement with the District under which the third-party contractor will receive student data or teacher or principal data from the District, is required to:
a) Adopt technologies, safeguards, and practices that align with the NIST Cybersecurity Framework;
b) Comply with District policy and Education Law Section 2-d and its implementing regulations;
c) Limit internal access to PII to only those employees or subcontractors that have legitimate educational interests (i.e., they 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:
1. Except for authorized representatives of the third-party contractor such as a subcontractor or assignee to the extent they are carrying out the contract and in compliance with law, regulation, and its contract with the District; or
2. Unless required by law or court order and the third-party contractor provides a notice of the disclosure to NYSED, the Board, or the institution that provided the information no later than the time the information is disclosed, unless providing notice of the disclosure is expressly prohibited by law or court order;
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 while in motion or at rest; and
h) Not sell PII nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.
Where a third-party contractor engages a subcontractor to perform its contractual obligations, the data protection obligations imposed on the third-party contractor by law and contract apply to the subcontractor.
The District may not be required to enter into a separate contract or data sharing and confidentiality agreement with a third-party contractor that will receive student data or teacher or principal data from the District under all circumstances.
For example, the District may not need its own contract or agreement where:
a) It has entered into a cooperative educational service agreement (CoSer) with a BOCES that includes use of a third-party contractor’s product or service; and
b) That BOCES has entered into a contract or data sharing and confidentiality agreement with the third-party contractor, pursuant to Education Law Section 2-d and its implementing regulations, that is applicable to the District’s use of the product or service under that CoSer.
To meet its obligations whenever student data or teacher or principal data from the District is received by a third-party contractor pursuant to a CoSer, the District will consult with the BOCES to, among other things:
a) Ensure there is a contract or data sharing and confidentiality agreement pursuant to Education Law Section 2-d and its implementing regulations in place that would specifically govern the District’s use of a third-party contractor’s product or service under a particular CoSer;
b) Determine procedures for including supplemental information about any applicable contracts or data sharing and confidentiality agreements that a BOCES has entered into with a third-party contractor in its Parents’ Bill of Rights for Data Privacy and Security;
c) Ensure appropriate notification is provided to affected parents, eligible students, teachers, and/or principals about any breach or unauthorized release of PII that a third-party contractor has received from the District pursuant to a BOCES contract; and
d) Coordinate reporting to the Chief Privacy Officer to avoid duplication in the event the District receives information directly from a third-party contractor about a breach or unauthorized release of PII that the third-party contractor received from the District pursuant to a BOCES contract.
Click-Wrap Agreements
Periodically, District staff may wish to use software, applications, or other technologies in which the user must “click” a button or box to agree to certain online terms of service prior to using the software, application, or other technology. These are known as “click-wrap agreements” and are considered legally binding “contracts or other written agreements” under Education Law Section 2-d and its implementing regulations.
District staff are prohibited from using software, applications, or other technologies pursuant to a click-wrap agreement in which the third-party contractor receives student data or teacher or principal data from the District unless they have received prior approval from the District’s Data Protection Officer or designee.
The District will develop and implement procedures requiring prior review and approval for staff use of any software, applications, or other technologies pursuant to click-wrap agreements.
Parents’ Bill of Rights for Data Privacy and Security
The District will publish its Parents’ Bill of Rights for Data Privacy and Security (Bill of Rights) on its website. Additionally, the District will include the Bill of Rights with every contract or other written agreement it enters into with a third-party contractor under which the third-party contractor will receive student data or teacher or principal data from the District.
The Bill of Rights will contain all required elements including supplemental information for each contract 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 supplemental information must be developed by the District and include the following information:
a) 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;
b) 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);
c) 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);
d) 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;
e) 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
f) Address how the data will be protected using encryption while in motion and at rest.
The District will publish on its website the supplement to the Bill of Rights (i.e., the supplemental information described above) for any contract or other written agreement it has entered into with a third-party contractor that will receive PII from the District. The Bill of Rights and supplemental information may be redacted to the extent necessary to safeguard the privacy and/or security of the District’s data and/or technology infrastructure.
Right of Parents and Eligible Students to Inspect and Review Students’ Education Records
Consistent with the obligations of the District under FERPA, parents and eligible students have the right to inspect and review a student’s education record by making a request directly to the District in a manner prescribed by the District.
The District will ensure that only authorized individuals are able to inspect and review student data. To that end, the District will take steps to verify the identity of parents or eligible students who submit requests to inspect and review an education record and verify the individual’s authority to do so.
Requests by a parent or eligible student for access to a student’s education records must be directed to the District and not to a third-party contractor. The District may require that requests to inspect and review education records be made in writing.
The District will notify parents annually of their right to request to inspect and review their child’s education record including any student data stored or maintained by the District through its annual FERPA notice. A notice separate from the District’s annual FERPA notice is not required.
The District will comply with a request for access to records within a reasonable period, but not more than 45 calendar days after receipt of a request.
The District may provide the records to a parent or eligible student electronically, if the parent consents. The District must transmit the PII in a way that complies with laws and regulations. Safeguards associated with industry standards and best practices, including but not limited to encryption and password protection, must be in place when education records requested by a parent or eligible student are electronically transmitted.
Complaints of Breach or Unauthorized Release of Student Data and/or Teacher or Principal Data
The District will inform parents, through its Parents’ Bill of Rights for Data Privacy and Security, that they have the right to submit complaints about possible breaches of student data to the Chief Privacy
Officer at NYSED. In addition, the District has established the following procedures for parents, eligible students, teachers, principals, and other District staff to file complaints with the District about breaches or unauthorized releases of student data and/or teacher or principal data:
a) All complaints must be submitted to the District’s Data Protection Officer in writing.
b) Upon receipt of a complaint, the District will promptly acknowledge receipt of the complaint, commence an investigation, and take the necessary precautions to protect PII.
c) Following the investigation of a submitted complaint, the District will provide the individual who filed the complaint with its findings. This will be completed within a reasonable period of time, but no more than 60 calendar days from the receipt of the complaint by the District.
d) If the District requires additional time, or where the response may compromise security or impede a law enforcement investigation, the District will provide the individual who filed the complaint with a written explanation that includes the approximate date when the District anticipates that it will respond to the complaint.
These procedures will be disseminated to parents, eligible students, teachers, principals, and other District staff.
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.
Reporting a Breach or Unauthorized Release
The District will report every discovery or report of a breach or unauthorized release of student data or teacher or principal data within the District to the Chief Privacy Officer without unreasonable delay, but no more than ten calendar days after the discovery.
Each third-party contractor that receives student data or teacher or principal data pursuant to a contract or other written agreement entered into with the District will be required to promptly notify the District of any breach of security resulting in an unauthorized release of the data by the third-party contractor or its assignees in violation of applicable laws and regulations, the Parents’ Bill of Rights for Student Data Privacy and Security, District policy, and/or binding contractual obligations relating to data privacy and security, in the most expedient way possible and without unreasonable delay, but no more than seven calendar days after the discovery of the breach.
In the event of notification from a third-party contractor, the District will in turn notify the Chief Privacy Officer of the breach or unauthorized release of student data or teacher or principal data no more than ten calendar days after it receives the third-party contractor’s notification using a form or format prescribed by NYSED.
Investigation of Reports of Breach or Unauthorized Release by the Chief Privacy Officer
The Chief Privacy Officer is required to investigate reports of breaches or unauthorized releases of student data or teacher or principal data by third-party contractors. As part of an investigation, the Chief Privacy Officer may require that the parties submit documentation, provide testimony, and may visit, examine, and/or inspect the third-party contractor’s facilities and records.
Upon the belief that a breach or unauthorized release constitutes criminal conduct, the Chief Privacy Officer is required to report the breach and unauthorized release to law enforcement in the most expedient way possible and without unreasonable delay.
Third-party contractors are required to cooperate with the District and law enforcement to protect the integrity of investigations into the breach or unauthorized release of PII.
Upon conclusion of an investigation, if the Chief Privacy Officer determines that a third-party contractor has through its actions or omissions caused student data or teacher or principal data to be breached or released to any person or entity not authorized by law to receive this data in violation of applicable laws and regulations, District policy, and/or any binding contractual obligations, the Chief Privacy Officer is required to notify the third-party contractor of the finding and give the third-party contractor no more than 30 days to submit a written response.
If after reviewing the third-party contractor’s written response, the Chief Privacy Officer determines the incident to be a violation of Education Law Section 2-d, the Chief Privacy Officer will be authorized to:
a) Order the third-party contractor be precluded from accessing PII from the affected educational agency for a fixed period of up to five years;
b) Order that a third-party contractor or assignee who knowingly or recklessly allowed for the breach or unauthorized release of student data or teacher or principal data be precluded from accessing student data or teacher or principal data from any educational agency in the state for a fixed period of up to five years;
c) Order that a third-party contractor who knowingly or recklessly allowed for the breach or unauthorized release of student data or teacher or principal data will not be deemed a responsible bidder or offeror on any contract with an educational agency that involves the sharing of student data or teacher or principal data, as applicable for purposes of General Municipal Law Section 103 or State Finance Law Section 163(10)(c), as applicable, for a fixed period of up to five years; and/or
d) Require the third-party contractor to provide additional training governing confidentiality of student data and/or teacher or principal data to all its officers and employees with reasonable access to this data and certify that the training has been performed at the contractor’s expense. This additional training is required to be performed immediately and include a review of laws, rules, and regulations, including Education Law Section 2-d and its implementing regulations.
If the Chief Privacy Officer determines that the breach or unauthorized release of student data or teacher or principal data on the part of the third-party contractor or assignee was inadvertent and done without intent, knowledge, recklessness, or gross negligence, the Chief Privacy Officer may make a recommendation to the Commissioner that no penalty be issued to the third-party contractor.
The Commissioner would then make a final determination as to whether the breach or unauthorized release was inadvertent and done without intent, knowledge, recklessness or gross negligence and whether or not a penalty should be issued.
Notification of a Breach or Unauthorized Release
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 of PII by the District or the receipt of a notification of a breach or unauthorized release of PII from a third-party contractor unless that notification would interfere with an ongoing investigation by law enforcement or cause further disclosure of PII by disclosing an unfixed security vulnerability. Where notification is delayed under these circumstances, 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) A brief description of the breach or unauthorized release, the dates of the incident and the date of discovery, if known;
b) A description of the types of PII affected;
c) An estimate of the number of records affected;
d) A brief description of the District’s investigation or plan to investigate; and
e) Contact information for representatives who can assist parents or eligible students that have additional questions.
Notification will 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 is required to pay for or promptly reimburse the District for the full cost of this notification.
Annual Data Privacy and Security Training
The District will annually provide data privacy and security awareness training to its officers and staff with access to PII. This training will include, but not be limited to, training on the applicable laws and regulations that protect PII and how staff can comply with these laws and regulations. The District may deliver this training using online training tools. Additionally, this training may be included as part of the training that the District already offers to its workforce.
Notification of Policy
The District will publish this policy on its website and provide notice of the policy to all its officers and staff.
Education Law § 2-d
8 NYCRR Part 121
Adoption Date: May 23, 2022
5681 SCHOOL SAFETY PLANS
The District considers the safety of its students and staff to be of the utmost importance and is keenly aware of the evolving nature of threats to schools. As such, it will address those threats accordingly through appropriate emergency response planning. The District-wide school safety plan and the building-level emergency response plan(s) will be designed to prevent or minimize the effects of violent incidents, declared state disaster emergency involving a communicable disease or local public health emergency declaration and other emergencies and to facilitate the coordination of schools and the District with local and county resources in the event of these incidents or emergencies. These plans will be reviewed and updated by the appropriate team on at least an annual basis and adopted by the Board by September 1 of each school year.
The Board will make the District-wide school safety plan available for public comment at least 30 days prior to its adoption. The District-wide school safety plan may only be adopted by the Board after at least one public hearing that provides for the participation of school personnel, parents, students, and any other interested parties. The District-wide school safety plan and any amendments must be submitted to the Commissioner, in a manner prescribed by the Commissioner, within 30 days of adoption, but no later than October 1 of each school year.
Building-level emergency response plan(s) and any amendments must be submitted to the appropriate local law enforcement agency and the state police within 30 days of adoption, but no later than October 1 of each school year. Building-level emergency response plan(s) will be kept confidential and are not subject to disclosure under the Freedom of Information Law (FOIL) or any other provision of law.
District-Wide School Safety Plan
District-wide school safety plan means a comprehensive, multi-hazard school safety plan that covers all school buildings of the District, addresses crisis intervention, emergency response and management, and the provision of remote instruction during an emergency school closure, at the District level, and has the contents as prescribed in Education Law and Commissioner’s regulations.
The District-wide school safety plan will be developed by the District-wide school safety team appointed by the Board. The District-wide school safety team will include, but not be limited to, representatives of the Board, teacher, administrator, and parent organizations, school safety personnel, and other school personnel including bus drivers and monitors. The District-wide school safety team will consider, as part of their review of the comprehensive District-wide school safety plan, the installation of a panic alarm system.
The District-wide school safety plan will include, but not be limited to:
a) Policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel including bus drivers and monitors, and visitors to the school, including threats by students against themselves, which includes suicide;
b) Policies and procedures for responding to acts of violence by students, teachers, other school personnel including bus drivers and monitors, and visitors to the school, including consideration of zero-tolerance policies for school violence;
c) Appropriate prevention and intervention strategies, such as:
-
- Collaborative arrangements with state and local law enforcement officials, designed to ensure that school safety officers and other security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited;
- Nonviolent conflict resolution training programs;
- Peer mediation programs and youth courts; and
- Extended day and other school safety programs;
d) Policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident;
e) A description of the arrangements for obtaining assistance during emergencies from emergency services organizations and local governmental agencies;
f) Procedures for obtaining advice and assistance from local government officials, including the county or city officials responsible for implementation of Executive Law Article 2-B, State and Local Natural and Man-Made Disaster Preparedness;
g) The identification of District resources which may be available for use during an emergency;
h) A description of procedures to coordinate the use of District resources and manpower during emergencies, including identification of the officials authorized to make decisions and of the staff members assigned to provide assistance during emergencies;
i) Policies and procedures for contacting parents, guardians, or persons in parental relation to District students in the event of a violent incident or an early dismissal or emergency school closure;
j) Policies and procedures for contacting parents, guardians, or persons in parental relation to an individual District student in the event of an implied or direct threat of violence by the student against themselves, which includes suicide;
k) Policies and procedures relating to school building security, including, where appropriate: the use of school safety officers, school security officers, and/or school resource officers; and security devices or procedures;
l) Policies and procedures for the dissemination of informative materials regarding the early detection of potentially violent behaviors, including, but not limited to, the identification of family, community, and environmental factors to teachers, administrators, school personnel including bus drivers and monitors, parents and other persons in parental relation to students of the District or Board, students, and other persons deemed appropriate to receive the information;
m) Policies and procedures for annual multi-hazard school safety training for staff and students, provided that the District must certify to the Commissioner that all staff have undergone annual training by September 15 on the building-level emergency response plan which must include components on violence prevention and mental health, provided further that new employees hired after the start of the school year will receive training within 30 days of hire or as part of the District’s existing new hire training program, whichever is sooner;
n) Procedures for the review and conduct of drills and other exercises to test components of the emergency response plan, including the use of tabletop exercises, in coordination with local and county emergency responders and preparedness officials;
o) The identification of appropriate responses to emergencies, including protocols for responding to bomb threats, hostage-takings, intrusions, and kidnappings;
p) Strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as the establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or designating a mentor for students concerned with bullying or violence, and establishing anonymous reporting mechanisms for school violence;
q) A description of the duties of hall monitors and any other school safety personnel, the training required of all personnel acting in a school security capacity, and the hiring and screening process for all personnel acting in a school security capacity;
r) A system for informing all educational agencies within the District of a disaster or emergency school closure;
s) The designation of the Superintendent or designee, as the District Chief Emergency Officer whose duties will include, but not be limited to:
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- Coordinating the communication between school staff, law enforcement, and other first responders;
- Leading the efforts of the District-wide school safety team in the completion and yearly update of the District-wide school safety plan and the coordination of the District-wide school safety plan with the building-level emergency response plan(s);
- Ensuring staff understanding of the District-wide school safety plan;
- Ensuring the completion and yearly update of building-level emergency response plans for each school building;
- Assisting in the selection of security related technology and development of procedures for the use of the technology;
- Coordinating appropriate safety, security, and emergency training for District and school staff, including required training in the emergency response plan;
- Ensuring the conduct of required evacuation and lock-down drills in all District buildings as required by law; and
- Ensuring the completion and yearly update of building-level emergency response plan(s) by the dates designated by the Commissioner;
- t) Protocols for responding to a declared state disaster emergency involving a communicable disease that are substantially consistent with the provisions in Labor Law Section 27-c; and
u) An emergency remote instruction plan.
Building-Level Emergency Response Plan
Building-level emergency response plan means a building-specific school emergency response plan that addresses crisis intervention, emergency response and management at the building level and has the contents as prescribed in Education Law and Commissioner’s regulations. As part of this plan, the District will define the chain of command in a manner consistent with the National Incident Management System (NIMS)/Incident Command System (ICS).
Building-level emergency response plan(s) will be developed by the building-level emergency response team. The building-level emergency response team is a building-specific team appointed by the building principal, in accordance with regulations or guidelines prescribed by the Board. The building-level emergency response team will include, but not be limited to, representatives of teacher, administrator, and parent organizations, school safety personnel and other school personnel including bus drivers and monitors, community members, local law enforcement officials, local ambulance, fire officials, or other emergency response agencies, and any other representatives the Board deems appropriate.
Classroom door vision panels will not be covered except as outlined in the building-level emergency response plan.
Education Law § 2801-a
Labor Law § 27-c
8 NYCRR § 155.17
Adoption Date: 1/23/23
5682 CARDIAC AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs) IN PUBLIC SCHOOL FACILITIES
The District will provide and maintain on-site in each instructional school facility functional cardiac automated external defibrillator (AED) equipment as defined in Public Health Law Section 3000-b for use during emergencies. Each facility will have sufficient AED equipment available to ensure ready and appropriate access for use during emergencies in quantities and types as deemed by the Commissioner of Education, in consultation with the Commissioner of Health. Determination of the quantity and placement of AEDs must be made with consideration of at least the factors described in Commissioner’s regulations. An instructional school facility means a building or other facility maintained by the District where instruction is provided to students in accordance with its curriculum.
Whenever an instructional school facility is used for a school-sponsored or school-approved curricular or extracurricular event or activity, and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for the school facility or athletic contest will ensure that AED equipment is provided on-site and that there is present during that event, activity, or contest at least one staff person who is trained in accordance with Public Health Law in the operation and use of an AED. School-sponsored or school-approved curricular or extracurricular events or activities mean events or activities of the District that are, respectively, associated with its instructional curriculum or otherwise offered to its students. A school-sponsored athletic contest means an extraclass intramural athletic activity of instruction, practice, and competition for students in grades 4 through 12 consistent with Commissioner’s regulations.
Where a school-sponsored competitive athletic event is held at a site other than a District facility, District officials will ensure that AED equipment is provided on-site by the sponsoring or host district and that at least one staff person who is trained in the operation and use of the AED, in accordance with Public Health Law, is present during the athletic event. A school-sponsored competitive athletic event means an extraclass interscholastic athletic activity of instruction, practice, and competition for students in grades 7 through 12 consistent with Commissioner’s regulations.
The District will provide proper training requirements for District AED users to ensure the immediate calling of 911 or the community equivalent ambulance dispatch entity whenever the AED is used, to ensure ready identification of the location of the AED units as set forth in the District’s Public Access Defibrillation Collaborative Agreement.
The District will provide for regular maintenance and checkout procedures of the AED unit(s) which meet or exceed manufacturer’s recommendations. Appropriate documentation will be maintained in accordance with law and/or regulation. Further, the District will participate in the required Quality Improvement Program as determined by the Regional Emergency Medical Services Council.
The District will post a sign or notice at the main entrance to the facility or building in which the AED unit(s) is stored, indicating the exact location where the unit(s) is stored or maintained on a regular basis.
The District or any employee or other agent of the District who, in accordance with the provisions of law, voluntarily and without expectation of monetary compensation, renders emergency medical or first aid treatment using an AED to a person who is unconscious, ill, or injured, will not be liable for damages for injury or death unless caused by gross negligence.
Education Law § 917
Public Health Law §§ 3000-a and 3000-b
8 NYCRR §§ 135.4 and 136.4
Adoption Date: May 23, 2022
5683 FIRE AND EMERGENCY DRILLS, BOMB THREATS, AND BUS EMERGENCY DRILLS
Fire and Emergency Drills
The administration of each school building will instruct and train students on appropriate emergency responses, through fire and emergency drills, in the event of a sudden emergency.
Fire and emergency drills will be held at least 12 times in each school year; eight of these will be completed by December 31. Eight of all drills will be evacuation drills, four will be through use of the fire escapes on buildings where fire escapes are provided or identified secondary exits. The other four drills will be lock-down drills. Drills will be conducted at different times of the school day. Students will also be instructed in the procedures to be followed in the event that a fire occurs during the regular school lunch period or assembly, however, this additional instruction may be waived if a drill is held during the regular lunch period or assembly.
Summer School
At least two additional drills will be held during summer school in buildings where summer school is held, and one of these drills will be held during the first week of summer school.
After-School Programs, Events, or Performances
The building principal or designee will require those in charge of after-school programs, events, or performances attended by any individuals unfamiliar with that school building, to announce at the beginning of these programs the procedures to be followed in the event of an emergency.
Bomb Threats
School Bomb Threats
A bomb threat, even if later determined to be a hoax, is a criminal act. No bomb threat should be treated as a hoax when it is first received. Upon receiving any bomb threat, the school has an obligation and responsibility to ensure the safety and protection of the students and other occupants of the school. This obligation takes precedence over a search for a suspect object. Prudent action is dependent upon known information about the bomb threat-location, if any; time of detonation; etc. Specific procedures as to appropriate responses as a result of a bomb threat can be located in the building-level emergency response plan, as required by relevant law and regulation.
Appropriate law enforcement agencies must be notified by the building administrator or designee of any bomb threat as soon as possible after receiving the threat. Law enforcement officials will contact, as the situation requires, fire and/or county emergency coordinators according to the county emergency plan.
Implementation
The Superintendent or designee will develop written procedures to implement the terms of this policy. Additionally, these procedures will be incorporated in the District-wide school safety plan and the building-level emergency response plan, with provisions to provide written information to all staff and students regarding emergency procedures by October 1 of each school year, an annual drill to test the emergency response procedures under each of its building-level emergency response plans; and the annual review of the District-wide and building-level emergency response plans, along with updates as necessary, by September 1, as mandated by law or regulation.
Bus Emergency Drills
The administration will conduct a minimum of three emergency drills to be held on each school bus during the school year. The first drill will be conducted during the first seven days of school, the second drill between November 1 and December 31, and the third drill between March 1 and April 30. No drills will be conducted when buses are on routes.
Students who ordinarily walk to school will also be included in the drills. Students attending public and nonpublic schools who do not participate in regularly scheduled drills will also be provided drills on school buses, or as an alternative, will be provided classroom instruction covering the content of these drills.
Each drill will include practice and instruction in the location, use, and operation of the emergency door, fire extinguishers, first-aid equipment, and windows as a means of escape in the event of fire or accident. Similarly, students will be instructed on all topics mandated by relevant sections of the Education Law and Commissioner’s regulations, including, but not limited to, the following:
a) Safe boarding and exiting procedures with specific emphasis on when and how to approach, board, disembark, and move away from the bus after disembarking;
b) Advancing at least ten feet in front of the bus before crossing the highway after disembarking; and
c) Orderly conduct as bus passengers.
Instruction on Use of Seat Belts
When students are transported on school buses equipped with seat safety belts, the District will ensure that all students who are transported on any school bus owned, leased, or contracted for by the District will receive instruction on the use of seat safety belts. This instruction will be provided at least three times each year to both public and nonpublic school students who are so transported and will include, but not be limited to:
a) Proper fastening and release of seat safety belts;
b) Acceptable placement of seat safety belts on students;
c) Times at which the seat safety belts should be fastened and released; and
d) Acceptable placement of the seat safety belts when not in use.
Education Law §§ 807, 2801-a and 3623
Penal Law §§ 240.55, 240.60 and 240.62
8 NYCRR §§ 155.17, 156.3(f), 156.3(g), and 156.3(h)(2)
NOTE: Refer also to Policy #5681 — School Safety Plans
Adoption Date: May 23, 2022
5684 USE OF SURVEILLANCE CAMERAS IN THE DISTRICT AND ON SCHOOL BUSES
It is the Board’s responsibility to ensure the safety of the District’s students, staff, facilities, and property. While the Board recognizes the importance of privacy, it has authorized the use of surveillance cameras on District property including in school buildings, school facilities, as well as on school buses, when necessary. These surveillance cameras will help to assist the Board in maintaining the overall safety and welfare of the District’s students, staff, property, and visitors, as well as to deter theft, violence, and other criminal activities.
Further, surveillance cameras will only be placed in public or common areas, such as stairwells, hallways, cafeterias, parking lots, or playgrounds, and not in private areas such as locker rooms, bathrooms, or other areas in which individuals have a reasonable expectation of privacy.
Disciplinary Proceedings
Video recordings or footage from District surveillance cameras may be used in student or employee (as permitted by any applicable collective bargaining agreement) disciplinary proceedings, as appropriate.
Signage/Notification
The District will place signage at entrances to the school campus or at major entrances into school buildings notifying students, staff, as well as any visitors of the District’s use of surveillance cameras. Students and staff will also receive additional notification, as deemed appropriate by the Superintendent, regarding the use of its surveillance cameras through means such as publication in the District calendar, employee handbook, and/or the student handbook.
Maintenance of Video Recordings
Any video surveillance recording in the schools, on school buses, or on school property, on tape, CD, or digitally, will be the sole property of the District and stored in its original form and in a secure location to avoid tampering and also to ensure its confidentiality in accordance with relevant law and regulations.
In addition, to the extent that any video images create student or personnel records, the District will comply with all applicable state and federal laws related to record retention, record maintenance, and record disclosure, including the Family Educational Rights and Privacy Act (“FERPA”).
Adoption Date: May 23, 2022
5690 EXPOSURE CONTROL PROGRAM
The District will establish an exposure control program designed to prevent and control exposure to bloodborne pathogens. According to the New York State Department of Labor’s Division of Safety and Health and Occupational Safety and Health Administration (OSHA) standards, the program will consist of:
a) Guidelines for maintaining a safe, healthy school environment to be followed by staff and students alike;
b) Written standard operating procedures for blood or body fluid clean-up;
c) Appropriate staff education and training;
d) Evaluation of training objectives;
e) Documentation of training and any incident of exposure to blood or body fluids;
f) A program of medical management to prevent or reduce the risk of pathogens, specifically hepatitis B and Human Immunodeficiency Virus (HIV);
g) Written procedures for the disposal of medical waste; and
h) Provision of protective materials and equipment for all employees who perform job-related tasks involving exposure or potential exposure to blood, body fluids, or tissues.
29 CFR § 1910.1030
Adoption Date: May 23, 2022
5691 COMMUNICABLE DISEASES
Whenever, upon investigation and evaluation by the Director of School Health Services or other health professionals acting upon his or her direction or referral, a student in the public schools shows symptoms of any communicable or infectious disease reportable under the public health law that imposes a significant risk of infection of others in the school, that student will be excluded from the school and sent home immediately. The Director of School Health Services will immediately notify a local public health agency of the disease.
Following absence on account of illness or from unknown cause, the Director of School Health Services may examine each student returning to a school without a certificate from a local public Health Officer, a duly licensed physician, physician assistant, or nurse practitioner.
The Director of School Health Services, or other health professionals acting upon his or her direction or referral, may make evaluations of teachers and any other school employees, school buildings and premises as, in their discretion, they may deem necessary to protect the health of the students and staff.
Education Law § 906
8 NYCRR §§ 136.3(h) and 136.3(i)
Adoption Date: May 23, 2022
5692 HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES
A student will not be denied the right to attend school or continue his or her education because he or she has been diagnosed with AIDS or any other human immunodeficiency virus (HIV)-related illness. In addition, an employee who has been similarly diagnosed will not be denied the right to continue his or her employment with the District based solely upon their AIDS/HIV status. The disclosure of confidential HIV-related information will be strictly limited.
Administrative procedures will be developed and implemented by the administration based on recommendations from the New York State Education Department and from consultation with appropriate professional and medical staff in the District.
The Superintendent will also establish protocols for routine sanitary procedures for dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff awareness.
Public Health Law Article 27-F
Adoption Date: May 23, 2022
5710 TRANSPORTATION PROGRAM
The Board recognizes and assumes the responsibility for all aspects of the transportation of children where the health and safety of students are involved, in light of its legal obligation to safeguard the welfare of bus-riding children. The purposes of the transportation program are to transport students to and from school, to transport them for extracurricular activities, to transport them on field trips, and to transport those requiring special services.
Scheduling and Routing
Bus routes are authorized by the Board and any requests for a change must be submitted to the Superintendent or designee.
Transportation services will be provided to meet the needs of the students of the District within specified limits and areas established by the Board.
School Bus Schedules
The District may either mail schedules directly to parents or request that parents pick up schedules at the school. The District posts bus schedules online excluding student’s personal information.
Use of Buses by Community Groups
Upon formal application to and approval by the Board, buses may be rented or leased to a municipal corporation; to any senior citizen center recognized and funded by the Office for the Aging; to any not-for-profit organization serving those with disabilities; or, to any not-for-profit organization which provides recreational youth services or neighborhood recreation centers. Rentals or leases will be made only for times when vehicles are not needed for student transport and for a consideration acceptable to the Board which will not be less than the full amount of the costs and expenses resulting from the lease or rental.
Education Law §§ 1501-b, 1807, 3602(7), 3620-3628, 3635, and 3636
NOTE: Refer also to Policy #7131 — Education of Students in Temporary Housing
Adoption Date: May 23, 2022
5720 TRANSPORTATION OF STUDENTS
Requests for Transportation to and from Nonpublic Schools
The parent or person in parental relation of a parochial or private school child residing in the District who desires his or her child to be transported to a parochial, private, or charter school within or outside the District during the next school year, must submit a written request to the Board no later than April 1 of the preceding year, or within 30 days of moving into the District. The District will publish the April 1 date in its school calendar and/or local newspaper as a reminder to parents of this deadline. Late requests will not be denied where a reasonable explanation is provided for the delay.
Transportation to Nonpublic Schools on Holidays
The District will share its calendar and start and dismissal times with nonpublic schools before the start of the school year. The District is not required to provide transportation to nonpublic schools on days on which the District’s schools are not in session.
Transportation for Nonpublic School Students with Disabilities who are Parentally Placed
For students with disabilities, ages 5 through 21, who are parentally placed in nonpublic schools outside their district of residency, if special education services are to be provided to a student at a site other than the nonpublic school, the school district of location is responsible for providing the special education services, including, as applicable, arranging and providing transportation necessary for the student to receive special education services.
The district of residence remains responsible to provide transportation to parentally placed nonpublic school students from the student’s home to the nonpublic school.
Transportation of Students with Disabilities
Transportation of students with disabilities in the District may not exceed 50 miles one way from the student’s home to the appropriate special service or program, unless the Commissioner certifies that no appropriate nonresidential special service or program is available within 50 miles. In that event the Commissioner may then establish transportation arrangements.
Student Information
Upon written consent of the parent or person in parental relation, every school bus which is used to regularly transport students with disabilities will maintain the following information about each student with a disability being transported:
a) Student’s name;
b) Nature of the student’s disability;
c) Name of the student’s parent, guardian, or person in parental relation and one or more telephone numbers where that person can be reached in an emergency; and/or
d) Name and telephone number of any other person designated by such parent, guardian, or person in parental relation who can be contacted in an emergency.
This information will be used solely for the purpose of contacting the student’s parent, guardian, person in parental relation, or designee in the event of an emergency involving the student, will be kept in a manner which retains the privacy of the student, and will not be accessible to any person other than the driver or a teacher acting in a supervisory capacity. In the event that the driver or teacher is incapacitated, this information may be accessed by any emergency service provider.
This information will be updated as needed, but at least once each school year and will be destroyed if parental consent is revoked, the student no longer attends the school, or the disability no longer exists.
Transportation of Non-Resident Students
Non-resident families must provide their own transportation.
Transportation to School-Sponsored Events
Where the District has provided transportation to students enrolled in the District to a school-sponsored field trip, extracurricular activity, or any other similar event, it will also provide transportation back to either the point of departure or to the appropriate school in the District unless a student’s parent or legal guardian has provided the District with written notice, consistent with District policy, authorizing an alternative form of return transportation for the student. In cases where intervening circumstances make transportation of a student back to the point of departure or to the appropriate school in the District impractical, and the parent has not authorized alternative return transportation, a representative of the District will remain with the student until the student’s parent or legal guardian has been contacted and informed of the intervening circumstances and the student has been delivered to his or her parent.
Transportation in Personal Vehicles
Personal cars of teachers and staff will not be used to transport students except in the event of extenuating circumstances and authorized by the administration.
Education Law §§ 1604, 1709, 1804, 1807, 1903, 1950, 2503, 2554, 2590-e, 3242, 3602-c, 3621(15), 3623-a(2c), 3635, 4401-a, 4401(4), 4402, 4404, 4405, and 4410-6
Vehicle and Traffic Law § 375(20)(1) and 375(21-i)
NOTE: Refer also to Policy #7131 — Education of Students in Temporary Housing
Adoption Date: May 23, 2022
5730 SCHOOL BUS SAFETY
The safe transportation of students to and from school is of primary concern in the administration of the school bus program. All state laws and regulations pertaining to the safe use of school buses will be observed by drivers, students, and school personnel.
Use of Portable Electronic Devices Prohibited
For purposes of this policy, and in accordance with applicable law, the terms below will be defined as follows:
a) “Portable electronic device” means any mobile telephone (hand held or “hands free”), personal digital assistant (PDA), portable device with mobile data access, laptop computer, pager, two-way messaging device, electronic game, or portable computing device.
b) “Using” means holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving, or retrieving email, text messages, or other electronic data.
c) “In operation” means that the bus engine is running, whether in motion or not.
The use of portable electronic devices by a school bus driver at times the vehicle is in operation on the roadway poses a potential safety risk. All school bus drivers are prohibited from using portable electronic devices while the bus is in operation.
All school bus drivers’ personal portable electronic devices must be placed in the “off” position when in the possession of the school bus driver while the bus is in operation. Portable electronic devices, including cell phones, may be used in case of emergency.
The Transportation Supervisor, in cooperation with the principals, has the responsibility of developing and publishing safety rules to be followed by drivers and passengers, including rules of student conduct. In order to ensure maximum safety to those riding school buses, it is necessary that students and drivers cooperate in this effort. There is no substitute for training to develop safe habits in pedestrian and vehicular traffic.
All buses and other vehicles owned and operated by the District will have frequent safety inspections and will be serviced regularly. The head mechanic will maintain a comprehensive record of all maintenance performed on each vehicle.
Every bus driver is required to report promptly to the Transportation Supervisor any school bus accident, regardless of the severity, involving death, injury, or property damage.
Education Law § 3623
Vehicle and Traffic Law §§ 509-a(7), 509-1(1-b), 1174(a), 1174(b) and 1225-c
8 NYCRR § 156.3
NOTE: Refer also to Policies #5683 — Fire and Emergency Drills, Bomb Threats, and Bus Emergency Drills
#5741 — Drug and Alcohol Testing for School Bus Drivers
Adoption Date: May 23, 2022
5731 IDLING SCHOOL BUSES ON SCHOOL GROUNDS
The Board recognizes the need to promote the health and safety of District students and staff and to protect the environment from harmful emissions found in bus and vehicle exhaust. The District will ensure that each driver of a school bus or other vehicle owned, leased, or contracted for by the District turns off the engine of the bus or vehicle while waiting for passengers to load or off load on school grounds, or while the vehicle is parked or standing on school grounds or in front of or adjacent to any school.
Exceptions
Unless otherwise required by state or local law, the idling of a school bus or vehicle engine may be permitted to the extent necessary to achieve the following purposes:
a) For mechanical work; or
b) To maintain an appropriate temperature for passenger comfort; or
c) In emergency evacuations where necessary to operate wheelchair lifts.
Private Vendor Transportation Contracts
All contracts for pupil transportation services between the District and a private vendor will include a provision requiring the vendor’s compliance with the provisions of reducing idling in accordance with Commissioner’s regulations.
Education Law § 3637
Vehicle and Traffic Law § 142
8 NYCRR § 156.3(h)
Adoption Date: May 23, 2022
5740 QUALIFICATIONS OF BUS DRIVERS
A person will be qualified to operate a bus only if that person:
a) Is at least 21 years of age;
b) Has been issued a currently valid operator’s or commercial driver’s license which is valid for the operation of a bus in New York State;
c) Has passed the annual bus driver physical examination administered in accordance with Commissioner of Education and Commissioner of Motor Vehicles regulations. In no case will the interval between physical examinations exceed a 13-month period;
d) Is not disqualified to drive a motor vehicle under Vehicle and Traffic Law Sections 509-c and 509-cc and any other provisions of Article 19-A;
e) Has on file at least three statements from three different persons who are not related to the driver or applicant pertaining to the moral character and to the reliability of the driver or applicant;
f) Has completed, or is scheduled to complete, State Education Department safety programs as required by law;
g) Is in compliance with federal law and regulations, as well as District policy and/or regulations, as it pertains to meeting the standards governing alcohol and controlled substance testing of bus drivers if and when applicable;
h) Has taken and passed a physical performance test at least once every two years and/or following an absence from service of 60 or more consecutive days from his or her scheduled work duties; and
i) Is in compliance with all other laws and regulations for operating a school bus, including licensing and training requirements.
Special Requirements for New Bus Drivers
Before employing a new bus driver, the Superintendent or designee will:
a) Require the person to pass a physical examination within four weeks prior to the beginning of service;
b) Obtain a driving record from the appropriate agency in every state in which the person resided, worked, and/or held a driver’s license or learner’s permit during the preceding three years;
c) Investigate the person’s employment record during the preceding three years;
d) Require the person to submit to the mandated fingerprinting procedures and criminal history background check;
e) Request the Department of Motor Vehicles to initiate a driving record abstract check; and
f) Require that newly hired bus drivers take and pass the physical performance test, as mandated by Commissioner’s regulations, before they transport students.
Occasional Drivers
Under Commissioner’s regulations, an occasional driver is defined as a certified teacher employed by a school district or Board of Cooperative Educational Services (BOCES) who is not primarily employed as a school bus driver or substitute bus driver on either a full-time or part-time basis. Occasional drivers used for other than regular routes are not required to fulfill the training required for regular school bus drivers.
Omnibus Transportation Employee Testing Act of 1991, (Public Law 102-143)
49 USC § 521(b)
49 CFR Parts 40, 382, 391, 392, and 395
Education Law § 3624
Vehicle and Traffic Law §§ 509-c, 509-cc, and Article 19-A
8 NYCRR § 156.3
15 NYCRR Part 6
NOTE: Refer also to Policy #5741 — Drug and Alcohol Testing for School Bus Drivers
Adoption Date: May 23, 2022
5741 DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS
In order to help prevent accidents and injuries resulting from the misuse of drugs and/or alcohol by school bus drivers, the Board adopts this policy in compliance with federal and state law and regulation.
The District has designated the following individual to answer driver questions about this policy and related materials: Director of Transportation.
Drug and Alcohol Testing Program
School bus drivers are subject to drug and/or alcohol testing in a variety of circumstances. The District will comply with all federal and state law and regulation regarding the implementation of a drug and alcohol testing program for school bus drivers.
The District will either establish and manage its own drug and alcohol testing program or by contract have a consortium/third-party administrator manage all, or part of, its drug and alcohol testing program for school bus drivers.
Under federal law and regulation, individuals who operate a Commercial Motor Vehicle (CMV) designed to transport 16 or more occupants (including the driver) and are subject to commercial driver’s license (CDL) requirements established by the United States Department of Transportation are safety-sensitive employees and are subject to the following drug and/or alcohol testing:
a) Pre-employment drug testing which will be conducted after a conditional offer to hire has been extended, but before the actual performance of safety-sensitive functions for the first time. This pre-employment testing will also be required when employees transfer to a safety-sensitive position.
b) Random drug and/or alcohol testing which will be conducted on an unannounced basis.
c) Reasonable suspicion drug and/or alcohol testing which will be conducted when reasonable suspicion exists that a driver has engaged in prohibited use of drugs and/or alcohol. The required observation for reasonable suspicion drug and/or alcohol testing must be made by a supervisor or official who has been trained in accordance with federal law and regulation.
d) Post-accident drug and/or alcohol testing which will be conducted as soon as practicable following certain occurrences involving a CMV operating on a public road.
e) Return-to-duty drug and/or alcohol testing which will be conducted on a driver who has engaged in prohibited drug and/or alcohol conduct before the driver returns to perform a safety-sensitive function.
f) Follow-up drug and/or alcohol testing which will be conducted on a driver who has engaged in prohibited drug and/or alcohol conduct and has returned to performing a safety-sensitive function. This testing will be conducted on an unannounced basis in accordance with a written follow-up testing plan developed by a substance abuse professional (SAP).
All procedures used to test for the presence of drugs and/or alcohol will conform to the requirements outlined in federal law and regulation for protecting the driver and the integrity of the testing process, safeguarding the validity of the test results, and ensuring that all test results are attributed to the correct driver.
Under New York State law and regulation, all school bus drivers are subject to pre-employment and random drug and alcohol testing in accordance with the provisions and requirements of federal regulations, regardless of CDL endorsement. Every school bus driver will be included in the random testing pool and must submit to testing when selected.
Prohibitions and Consequences for School Bus Drivers
Under federal law and regulation, individuals who operate a CMV designed to transport 16 or more occupants (including the driver) and are subject to CDL requirements established by the United States Department of Transportation are prohibited from:
a) Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater. If testing shows an alcohol concentration of 0.02 or greater but less than 0.04, the employee must be removed from performing safety-sensitive functions for not less than 24 hours, but no punitive action will be taken by the employer;
b) Using alcohol while performing safety-sensitive functions;
c) Performing safety-sensitive functions within four hours after using alcohol;
d) When required to take a post-accident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first;
e) Refusing to submit to a drug or alcohol test required by post-accident, random, reasonable suspicion, return-to-duty, or follow-up testing requirements;
f) Refusing to submit to a pre-employment drug test;
g) Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver uses any drugs, as defined by federal law and regulation. This prohibition does not apply when the use is pursuant to the instructions of a licensed medical practitioner who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a CMV; or
h) Reporting for duty, remaining on duty, or performing a safety-sensitive function, if the driver tests positive for drugs.
Additionally, under New York State law, all school bus drivers are prohibited from:
a) Consuming a drug or intoxicating liquor, regardless of its alcoholic content, or be under the influence of a drug or intoxicating liquor, within six hours before going on duty or operating, or having physical control of a bus;
b) Consuming a drug or intoxicating liquor, regardless of its alcoholic content while on duty, or operating, or in physical control of a bus; or
c) Possessing a drug or intoxicating liquor, regardless of its alcoholic content while on duty, operating or in physical control of a bus. However, this paragraph does not apply to the possession of a drug or intoxicating liquor which is transported as part of a shipment or personal effects of a passenger or to alcoholic beverages which are in sealed containers.
It is the employer’s responsibility to ensure that no school bus driver:
a) Violates any of the above listed provisions of New York State law; or
b) Be on duty or operate a school bus if, by a person’s general appearance or by a person’s conduct or by other substantiating evidence, a person appears to have consumed a drug or intoxicating liquor within the preceding eight hours.
Any violation of this policy, District procedures, and/or applicable federal and state law and regulation by a school bus driver will be grounds for disciplinary action and penalties including, but not limited to, fines, suspension, and/or discharge in accordance with the District’s and/or the vendors’ or contract bus companies’ policies, collective bargaining agreements, and applicable law.
Drivers who are found to have engaged in prohibited conduct under federal law and regulation will be removed immediately from safety-sensitive functions and will not be allowed to return to perform safety-sensitive functions until they:
a) Are evaluated by a SAP;
b) Complete any requirements for rehabilitation as set by the employer and the SAP; and
c) Pass a return-to-duty test with the result below 0.02 if the conduct involved alcohol, or a drug test with a verified negative result if the conduct involved drug use.
The Drug and Alcohol Clearinghouse
The Drug and Alcohol Clearinghouse (“Clearinghouse”) is a secure online database that provides real-time information about CDL and commercial learner’s permit holder’s drug and alcohol program violations. The District will comply with all federal law and regulation regarding the Clearinghouse.
In accordance with 49 CFR Part 382, the following personal information will be collected, maintained, and reported to the Clearinghouse:
a) A verified positive, adulterated, or substituted drug test result;
b) An alcohol confirmation test with a concentration of 0.04 or higher;
c) A refusal to submit to any required test;
d) An employer’s report of actual knowledge of:
1. On duty alcohol use;
2. Pre-duty alcohol use;
3. Alcohol use following an accident; and
4. Drug use;
e) A SAP’s report of the successful completion of the return-to-duty process;
f) A negative return-to-duty test; and
g) An employer’s report of completion of follow-up testing.
Employee Notification
The Superintendent or designee will ensure that each school bus driver receives a copy of educational materials that explain the requirements of drug and alcohol testing law and regulation, and any policies, regulations and/or procedures developed by the District with respect to meeting those requirements. The Superintendent or designee will ensure that a copy of these materials is distributed to each school bus driver, who will sign for receipt of all of the above documents, as well as other appropriate personnel, prior to the start of any drug and/or alcohol testing as well as at the beginning of each school year or at the time of hire for any school bus driver. Representatives of applicable collective bargaining units will be notified of the availability of this information.
The Superintendent or designee will further ensure that each school bus driver receives educational materials concerning: the effects of drug and alcohol use on an individual’s health, work, and personal life; signs and symptoms of a drug or alcohol problem (the driver’s or a co-worker’s); and available methods of intervening when a drug or alcohol problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management.
The Superintendent or designee will arrange for training of all supervisors who may be utilized to determine whether reasonable suspicion exists to test a driver for prohibited conduct involving drugs and/or alcohol.
Records Management and Retention
Employee records relating to drug and/or alcohol testing, as well as to substance abuse and/or alcohol prevention programs, will be maintained in accordance with law and regulation. All employee drug and/or alcohol testing will be kept confidential and will only be revealed as required or authorized by law or regulation.
49 USC §§ 31136 and 31306
49 CFR Parts 40, 382, and 383
Vehicle and Traffic Law §§ 142, 509-g, 509-l
Adoption Date: May 23, 2022