2022
7131 1 of 14
Students SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING
The Board recognizes the unique challenges that face students in temporary housing (i.e., homeless children and youth) and will provide these students with access to the same free and appropriate public education, including public preschool education, as other students, as well as access to educational and other services necessary to be successful in school. The District will ensure that these students are not separated from the mainstream school environment. The Board is also committed to eliminating barriers to the identification, enrollment, attendance, and success of students in temporary housing. Identification of Students in Temporary Housing All districts are obligated to affirmatively identify all students in temporary housing. Therefore, the District will determine whether there are students in temporary housing within the District by using a housing questionnaire to determine the nighttime residence of all newly enrolled students and all students whose address changes during the school year. Not all students in temporary housing can be identified through social service agencies or shelters, as children may be sharing the housing of other persons, such as family or friends, due to loss of housing, economic hardship, or other similar reason. For this reason, the District uses a housing questionnaire that asks for a description of the current living arrangements of the child or youth to determine whether the child or youth meets the definition of a homeless child. In addition to using the housing questionnaire, the District will also contact the local department of social services (LDSS) (i.e., the social services district) to identify students in temporary housing, as well as the local runaway and homeless youth shelter, and any other shelters located within District boundaries to ensure all students in temporary housing are properly identified and served. Definitions "Feeder school" means:
b)
1.
A preschool whose students are entitled to attend a specified elementary school or group of elementary schools upon completion of that preschool;
2.
A school whose students are entitled to attend a specified elementary, middle, intermediate, or high school or group of specified elementary, middle, intermediate, or high schools upon completion of the terminal grade of such school; or
3.
A school that sends its students to a receiving school in a neighboring school district.
"Homeless child" means: 1.
A child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child or youth who is: (Continued)
2022
7131 2 of 14
Students
SUBJECT:
2.
c)
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
(a)
Sharing the housing of other persons due to a loss of housing, economic hardship, or a similar reason (sometimes referred to as "doubled-up");
(b)
Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;
(c)
Abandoned in hospitals;
(d)
A migratory child who qualifies as homeless under (a), (b), or (c) of this subparagraph or item 2) below; or
(e)
An unaccompanied youth; or
A child or youth who has a primary nighttime location that is: (a)
A supervised, publicly, or privately operated shelter designed to provide temporary living accommodations, including, but not limited to, shelters operated or approved by the state or LDSS, and residential programs for runaway and homeless youth established in accordance with applicable law; or
(b)
A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting.
"Migratory child" means a child or youth who made a qualifying move in the preceding 36 months: 1.
As a migratory agricultural worker or a migratory fisher; or
2.
With, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.
d)
"Preschool" means a publicly funded prekindergarten program or a Head Start program administered by the District and/or services under the Individuals with Disabilities Act administered by the District.
e)
"Receiving school" means: 1.
A school that enrolls students from a specified or group of preschools, elementary schools, middle schools, intermediate schools, or high schools; or
2.
A school that enrolls students from a feeder school in a neighboring local educational agency. (Continued)
2022
7131 3 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
f)
"Regional placement plan" means a comprehensive regional approach to the provision of educational placements for homeless children that has been approved by the Commissioner of Education.
g)
"School district of current location" means the public school district within New York State in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential program for runaway and homeless youth, is located, which is different from the school district of origin.
h)
"School district of origin" means the school district within New York State in which:
i)
j)
1.
The homeless child was attending a public school or preschool on a tuition-free basis or was entitled to attend when circumstances arose that caused the child to become homeless, which is different from the school district of current location;
2.
The child was residing when circumstances arose that caused the child to become homeless if the child was eligible to apply, register, or enroll in public preschool or kindergarten at the time the child became homeless; or
3.
The homeless child has a sibling who attends a school in the school district in which the child was residing when circumstances arose that caused the child to become homeless.
"School of origin" means: 1.
The public school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool or a charter school;
2.
The designated receiving school at the next grade level for all feeder schools for a student in temporary housing who completes the final grade level served by the school of origin; and
3.
The public school or preschool in which the child would have been entitled or eligible to attend based on the child's last residence before the circumstances arose which caused the child to become homeless if the child becomes homeless after the child is eligible to apply, register, or enroll in the public preschool or kindergarten or if the child is living with a schoolage sibling who attends school in the school district of origin.
"Unaccompanied youth" means a homeless child or youth who is not in the physical custody of a parent or legal guardian.
(Continued)
2022
7131 4 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
The McKinney-Vento Liaison for Students in Temporary Housing The District will designate an appropriate staff person, who may also be a coordinator for other federal programs, as the District liaison for students in temporary housing (otherwise referred to as the McKinney-Vento liaison). The District's McKinney-Vento liaison serves as one of the primary contacts between families experiencing homelessness and school staff, District personnel, shelter workers, and other service providers. The McKinney-Vento liaison coordinates services to ensure that homeless children and youth enroll in school and have the opportunity to succeed. The District's McKinney-Vento liaison must ensure that: a)
Students in temporary housing are identified by school personnel and through coordination activities with other entities and agencies;
b)
Students in temporary housing enroll in, and have full and equal opportunity to succeed in, the District's schools;
c)
Students in temporary housing and their families receive educational services for which they are eligible, including Head Start programs administered by a local educational agency, Early Head Start, early intervention services under part C of the Individuals with Disabilities Education Act, and other preschool programs administered by the District;
d)
Students and parents in temporary housing receive referrals to health care services, dental services, mental health and substance abuse services, housing services and other appropriate services;
e)
Parents or guardians of students in temporary housing are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;
f)
Parents and guardians of students in temporary housing, and unaccompanied youth, are fully informed of all transportation services, including transportation to and from the school district of origin and are assisted in accessing transportation services;
g)
Disputes regarding eligibility, school selection, enrollment and/or transportation are mediated in accordance with applicable laws and regulations;
h)
Assistance in commencing an appeal, in accordance with applicable law, of a final determination regarding eligibility, enrollment, school selection, and/or transportation is provided to the student in temporary housing's parent or guardian or the unaccompanied youth; (Continued)
2022
7131 5 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
i)
A record is maintained of all appeals of enrollment, school selection, and transportation;
j)
Public notice of the educational rights of students in temporary housing is posted in locations where these students receive services, such as schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of students in temporary housing, and unaccompanied youth;
k)
School personnel providing services to students in temporary housing receive professional learning and other support;
l)
1.
Are enrolled in school;
2.
Have opportunities to meet the same challenging state academic standards as the state establishes for other children and youth, including receiving credit for full or partial coursework earned in a prior school pursuant to Commissioner's regulations; and
3.
Are informed of their status as independent students under Section 480 of the Higher Education Act of 1965 and that the youths may obtain assistance from the McKinneyVento liaison to receive verification of this status for purposes of the Free Application for Federal Student Aid (FAFSA);
m)
School personnel, service providers, advocates working with students in temporary housing, parents and guardians of students in temporary housing, and students in temporary housing are informed of the duties of the McKinney-Vento liaison; and
n)
Assistance with obtaining any necessary immunizations or screenings, or immunization or other required health records is provided to the parents or guardians of the students in temporary housing.
School District and School Designations A designator will make the initial decision about which school district and school a student in temporary housing will attend. A designator is: a)
The parent or person in parental relation (guardian) to a student in temporary housing;
b)
The student in temporary housing, together with the McKinney-Vento liaison, in the case of an unaccompanied youth; or
(Continued)
2022
7131 6 of 14
Students
c)
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
The director of a residential program for runaway and homeless youth, in consultation with the student in temporary housing, where the student is living in that program.
The District will ask the designator to designate one of the following as the school district of attendance for the student in temporary housing: a)
The school district of current location;
b)
The school district of origin; or
c)
A school district participating in a regional placement plan.
The District will also ask the designator to designate one of the following as the school where a student in temporary housing seeks to attend: a)
The school of origin; or
b)
Any school that permanent housed children and youth who live in the attendance area in which the child or youth is actually living are eligible to attend, including a preschool.
A student in temporary housing is entitled to attend the schools of the school district of origin without the payment of tuition for the duration of their homelessness and through the remainder of the school year in which the student becomes permanently housed and for one additional year if that year constitutes the student's terminal year in that school building, subject to a best interest determination. Designation/STAC 202 Form The District will identify all students in temporary housing, and a designation form will be completed by the designator for all these students and any other student who claims homelessness. Designations must be made on the STAC 202 form provided by the Commissioner. The appropriate designator must complete the designation form. The District makes designation forms available to a student in temporary housing who seeks admission to school or to the parent or person in parental relation who seeks to enroll the child in school. The District will provide completed designation forms to the McKinney-Vento liaison immediately, but no later than two business days from the earlier date on which the child or youth either: a)
Sought enrollment in school; or
b)
Was placed in a temporary housing facility or residential facility for runaway and homeless youth. (Continued)
2022
7131 7 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
Where a parent or person in parental relation or a child who is neither placed in a temporary housing facility by the LDSS nor housed in a residential program for runaway homeless youth, designates the District as the school district of current location, the District will forward to the State Education Department a completed designation form and a statement of the basis for its determination that the child is a homeless child entitled to attend the District's schools. Immediate Enrollment and Best Interest Determinations Upon identification of a child who is in temporary housing and/or receipt of a completed designation/STAC 202 form, the District will: a)
Immediately review the designation form to ensure that it has been completed and admit the student in temporary housing even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, immunization records, proof of residency or other documentation and even if the child or youth has missed application deadlines;
b)
Determine whether the designation made by the designator is consistent with the best interests of the student in temporary housing. In making best interests decisions the District will: 1.
Presume that keeping the child in the school of origin is in the child's best interest, except when doing so is contrary to the wishes of the parent or guardian (or youth in the case of an unaccompanied youth); and
2.
Consider student-centered factors such as the effect of mobility on student achievement, education, health, and safety of the child, giving priority to the wishes of the child's parent or guardian (or the youth, if a homeless unaccompanied youth). If the District determines that it is in the best interest of the student in temporary housing to attend a school other than the school of origin or the designated school, the District will provide the parent or guardian (or youth, if an unaccompanied youth) with a written explanation of its determination, including information about the right to appeal.
c)
Provide the child with access to all of the District's programs, activities and services to the same extent as they are provided to resident students;
d)
Immediately contact the school district where the child's records are located in order to obtain a copy of these records and coordinate the transmittal of records for students with disabilities pursuant to applicable laws and regulations;
(Continued)
2022
7131 8 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
e)
Immediately refer the parent or guardian of the student in temporary housing to the McKinney-Vento liaison who must assist in obtaining necessary immunizations or immunization or medical records if the child or youth needs to obtain immunizations or immunization or medical records;
f)
Forward the STAC 202 form to the Commissioner and the school district of origin, where applicable. In all cases, the District will give a copy of the completed STAC 202 form to the designator and keep a copy of the STAC 202 form for the District's records;
g)
Arrange for transportation in accordance with applicable laws and regulations; and
h)
Arrange for the child to receive free school meals.
Request for Records Within five days of receipt of a request for school records from a new school, the District will forward, in a manner consistent with state and federal law, a complete copy of the student in temporary housing's records, including, but not limited to, proof of age, academic records, evaluations, immunization records, and guardianship papers, if applicable. Tuition Reimbursement The District is eligible to request reimbursement from the State Education Department for the direct costs of educational services to students in temporary housing that are not otherwise reimbursed under special federal programs, when: a)
The District is either the school district of current location or a school district participating in a regional placement plan;
b)
The District is designated as the school district of attendance; and
c)
The school district of origin for the student in temporary housing is within New York State.
All claims for reimbursement will be made on the STAC 202 form prescribed by the Commissioner of the State Education Department. In addition, the District is eligible for reimbursement for the direct costs of educational services, including transportation costs for students who continue enrollment in the District schools after finding permanent housing midyear in a different school district within New York State. In these cases, the District will directly bill the new district where the student permanently resides for all direct costs of educational services, including transportation, that are not otherwise reimbursed under special federal programs. (Continued)
2022
7131 9 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
Transportation Responsibilities The LDSS is responsible for providing transportation to students in temporary housing, including preschool students and students with disabilities who are eligible for benefits under Social Services Law Section 350-j and placed in temporary housing arrangements outside their designated districts. Where the LDSS requests that the District provide or arrange for transportation for a student in temporary housing in the circumstances above, the District will provide or arrange for the transportation and directly bill the LDSS so that the District will be fully and promptly reimbursed for the cost of the transportation. If the District is the designated school district of attendance, the District will provide for the transportation of each student in temporary housing who is living in a residential program for runaway and homeless youth, including if the temporary housing is located outside the school district. The costs for transportation for each student in temporary housing who lives in a residential program for runaway youth and homeless youth located outside of the designated school district will be reimbursed by the State Education Department, to the extent funds are provided for the purpose, with the submission of a Runaway and Homeless Youth Act Transportation Program Form. Where the District provides transportation for a student living in a Runaway and Homeless Youth facility, the District will promptly request reimbursement using the Runaway and Homeless Youth Act Transportation Form. The District will transport any student in temporary housing to their school of origin, including preschools and charter schools, where it is the designated district of attendance and the student in temporary housing is not entitled to receive transportation from the Department of Social Services. When the District is designated as the school district of current location for a student in temporary housing and the student does not attend the school of origin, the District will provide transportation on the same basis as it is provided to resident students, unless the local transportation policy represents a barrier to the student's attendance in school. If the student in temporary housing designates the District as the school district of attendance, transportation will not exceed 50 miles each way, unless the Commissioner determines that it is in the best interest of the child. Where the District is designated as the school district of attendance and it has recommended the student in temporary housing attend a summer educational program, the district of attendance will provide transportation services to students in temporary housing for summer educational programs if the lack of transportation poses a barrier to the student's participation in the program. Where the District is designated as the school district of attendance, it will provide transportation services to students in temporary housing for extracurricular or academic activities when:
(Continued)
2022
7131 10 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
a)
The student participates in or would like to participate in an extracurricular or academic activity, including an after-school activity, at the school;
b)
The student meets the eligibility criteria for the activity; and
c)
The lack of transportation poses a barrier to the student's participation in the activity.
Where the District is designated as the school district of attendance, it will provide transportation as described above for the duration of homelessness, unless the LDSS is responsible for providing transportation. After the student becomes permanently housed, the District will provide transportation to the school of origin until the end of the school year and for one additional year if that year constitutes the child's terminal year in the school building. Where a student in temporary housing must cross state-lines to attend a school of origin, the District will coordinate with the district in the neighboring state to provide transportation services when: a)
The student is temporarily living in New York State and continues to attend school in a neighboring state; or
b)
The student is temporarily living in a neighboring state and continues to attend school in New York State.
Dispute Resolution Process The District has established the following procedures for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth: a)
The District will provide a written explanation, including a statement regarding the right to appeal, to the parent or guardian of a student in temporary housing, or to an unaccompanied youth, if the District determines that the District is not required to either enroll and/or transport the child or youth to the school of origin or a school requested by the parent or guardian or unaccompanied youth, or if there is a disagreement about a child's or youth's status as a homeless child or unaccompanied youth. The written explanation will be in a manner and form understandable to the parent, guardian, or unaccompanied youth and will include a statement regarding the McKinney-Vento liaison's availability to help the parent, guardian, or unaccompanied youth with any appeal and the contact information for the liaison.
b)
The District will immediately enroll the student in the school in which enrollment is sought by the parent or guardian or unaccompanied youth, provide transportation to the school, and will delay for 30 days the implementation of a final determination to decline to either enroll in and/or transport the student in temporary housing to the school of origin or a school requested by the parent or guardian or unaccompanied youth. (Continued)
2022
7131 11 of 14
Students
c)
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
If the parent or guardian of a student in temporary housing or unaccompanied youth commences an appeal to the Commissioner within 30 days of such final determination, the student will be permitted to continue to attend the school they are enrolled in at the time of the appeal and/or receive transportation to that school pending the resolution of all available appeals.
The McKinney-Vento Liaison's Dispute Resolution Responsibilities The District's McKinney-Vento liaison must assist the student in temporary housing's parent or guardian or unaccompanied youth in bringing an appeal to the Commissioner of a final school district decision regarding enrollment, school selection and/or transportation. In the event of a dispute regarding eligibility, enrollment, school selection, and/or transportation, the District's McKinney-Vento liaison will: a)
Provide the parent or guardian or unaccompanied youth with a copy of the form petition;
b)
Assist the parent or guardian or unaccompanied youth in completing the form petition;
c)
Arrange for the copying of the form petition and supporting documents for the parent or guardian or unaccompanied youth, without cost to the parent or guardian or unaccompanied youth;
d)
Accept service of the form petition and supporting papers on behalf of any District employee or officer named as a party, or the District if it is named as a party, or arrange for service by mail by mailing the form petition and supporting documents to any District employee or officer named as a party, and, if the District is named as a party, to a person in the office of the Superintendent who has been designated by the Board to accept service on behalf of the District;
e)
Provide the parent or guardian or unaccompanied youth with a signed and dated acknowledgment verifying that they have received the form petition and supporting documents, and will either accept service of these documents on behalf of the District employee or officer or District, or effect service by mail by mailing the form petition and supporting documents to any District employee or officer named as a party, and, if the District is named as a party, to a person in the office of the Superintendent who has been designated by the Board to accept service on behalf of the District;
f)
Transmit on behalf of the parent or guardian or unaccompanied youth, within five days after the service of, the form petition or any pleading or paper to the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234;
(Continued)
2022
7131 12 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
g)
Provide the parent or guardian or unaccompanied youth with a signed and dated acknowledgement verifying that they have received the form petition and supporting documents and will transmit these documents on behalf of the parent, guardian or unaccompanied youth to the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234;
h)
Accept service of any subsequent pleadings or papers, including any correspondence related to the appeal, if the parent or guardian or unaccompanied youth so elects. They will also make this correspondence available to the parent or guardian or unaccompanied youth; and
i)
Maintain a record of all appeals of enrollment, school selection, and transportation determinations.
Coordination The District will coordinate the provision of services described in this policy with local social services agencies, housing providers and other agencies or programs providing services to students in temporary housing and their families, including services and programs funded under the Runaway and Homeless Youth Act. The District will coordinate with other school districts on inter-district issues, such as transportation or transfer of school records. The District will coordinate implementation of the above provision of services with the requirements of the Individuals with Disabilities Education Act (IDEA) for students with disabilities. Coordination with Title I The District acknowledges that students in temporary housing are eligible for services under Title I, Part A whether or not they live in a Title I school attendance area or meet the academic requirements required of other children. The District will ensure that: a)
Title I, Part A funds are set aside as are necessary to provide students in temporary housing, who may have unique needs that differ from their permanently housed peers, with educationally related support services;
b)
Its local plan includes a description of how the plan is coordinated with McKinney-Vento;
c)
Its local plan describes the services provided to students in temporary housing;
(Continued)
2022
7131 13 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
d)
Its local plan describes the efforts it made to identify students in temporary housing, including unaccompanied youth, if the District reports that there are no students in temporary housing enrolled in the District. These efforts will include contacting the LDSS or Office of Children and Family Services (OCFS) to verify that there are no students in temporary housing in the District; and
e)
Its housing questionnaire asks about the living arrangements of the child or unaccompanied youth, including asking if they are living in a shelter; with relatives or others due to loss of housing or economic hardship; in an abandoned apartment/building; in a motel/hotel, camping ground, car, train/bus station or other similar situation due to the lack of alternative, adequate housing. Documentation of the District's efforts to identify students in temporary housing will be maintained on file and a copy of the housing questionnaire will also be kept on file.
Reporting Requirements The District will collect and transmit to the Commissioner of Education, at the time and in the manner as the Commissioner may require, a report containing information as the Commissioner determines is necessary, including the numbers of homeless students, their grade, and their nighttime residence. Access to Free Meals The District will provide free meals to all children identified as homeless. They do not have to complete a free or reduced-price meal application. When the McKinney-Vento liaison or a shelter director provides a child's name to the District's school food service office, free school meals will commence immediately. Removal of Barriers The District will review and revise its policies that may act as barriers to the identification of students in temporary housing and their enrollment and retention in school, including barriers to enrollment and retention due to outstanding fees or fines, or absences. Comparable Services The District will provide services to students in temporary housing comparable to those offered to other students in the District, including: transportation services; educational services for which the child or youth meets the relevant criteria, such as services provided under Title I or similar state or local programs; educational programs for students with disabilities; educational programs for English learners; programs in career and technical education; programs for gifted and talented students; and school nutrition programs. (Continued)
2022
7131 14 of 14
Students
SUBJECT:
EDUCATION OF STUDENTS IN TEMPORARY HOUSING (Cont'd.)
Student Privacy Information about a student in temporary housing's living situation will be treated as a student education record and will not be deemed to be directory information under the Family Educational Rights and Privacy Act (FERPA). A parent or guardian or unaccompanied youth may consent to the release of a student's address information in the same way they would for other student education records under FERPA. Training All school enrollment staff, secretaries, school counselors, school social workers, and principals will be trained on the requirements for enrollment of students in temporary housing. Other staff members including school nutrition staff, school registered professional nurses, teachers, and bus drivers will receive training on homelessness that is specific to their field.
McKinney-Vento Homeless Assistance Act, as amended by the Every Student Succeeds Act (ESSA) of 2015, 42 USC § 11431 et seq. Education Law § 3209 Executive Law Article 19-H 8 NYCRR § 100.2(x)
Adoption Date
2022
7210 1 of 2
Students
SUBJECT:
STUDENT EVALUATION, PROMOTION, AND PLACEMENT
Grade Promotion and Placement Grade promotion and the placement of students within the District's instructional system will be at the discretion of the school administration and will be subject to review at any time. In making these decisions, the administrator or building principal will be guided by: performance in class; past records, including various measures of student growth; recommendations from parents, persons in parental relation to District students, and teachers; and any other appropriate sources of information. With regard to student placement decisions, parents or persons in parental relation to District students may submit written requests for teacher attributes that would best serve their child's learning needs; however, requests for specific teachers will not be honored. Testing Program The District utilizes various ability, achievement, diagnostic, readiness, interest, and guidance tests for the purpose of complying with state and federal law and/or aiding the implementation of quality educational services. The District will not make any student promotion or placement decisions based solely or primarily on student performance on the state administered English language arts and mathematics assessments for grades 3 through 8. The District may, however, consider student performance on state assessments in making student promotion and placement decisions provided that multiple measures be used in addition to these assessments and that these assessments do not constitute the major factor in these determinations. Alternative Testing Procedures The use of alternative testing procedures will be limited to: a)
Students identified by the Committee on Special Education and/or Section 504 Team as having a disability. Alternative testing procedures will be specified in a student's Individualized Education Program or Section 504 Accommodation Plan; and
b)
Students whose native language is other than English (i.e., English language learners) in accordance with State Education Department (SED) Guidelines.
The alternative testing procedures employed will be based upon a student's individual needs and the type of test administered. The District will report the use of alternative testing procedures to the SED on a form and at a time prescribed by the Commissioner.
(Continued)
2022
7210 2 of 2
Students
SUBJECT:
STUDENT EVALUATION, PROMOTION, AND PLACEMENT (Cont'd.)
Reporting to Parents or Persons in Parental Relation to Students Parents or persons in parental relation to District students will receive an appropriate report of student progress at regular intervals. Report cards, however, are not intended to exclude other means of reporting progress, such as Parent Portal, conferences, phone conversations, etc. The District will not place or include on a student's official transcript or maintain in a student's permanent record any individual student score on a state administered standardized English language arts or mathematics assessment for grades 3 through 8. However, the District will comply with state and federal requirements regarding the maintenance and transfer of student test scores. Any test results on a state administered standardized English language arts or mathematics assessment for grades 3 through 8 sent to parents or persons in parental relation to a student will include a clear and conspicuous notice that these results will not be included on the student's official transcript or in the student's permanent record and are being provided to the student and parents for diagnostic purposes. When necessary, attempts will be made to provide interpreters for non-English speaking parents or persons in parental relation to District students.
Section 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq. Education Law §§ 305(45) - (47) and 1709(3) 8 NYCRR §§ 100.2(g), 100.2(ll), 100.3(b)(2)(iv), 100.4(b)(2)(v), and 100.4(e)(6) 8 NYCRR Parts 104, 117, and 154
Adoption Date
2022
7211
Students
SUBJECT:
PROVISION OF INTERPRETER SERVICES TO PARENTS WHO ARE HEARING IMPAIRED
The Webster Central School District will provide interpreter services, at no charge to parents or persons in parental relation who are hearing impaired, for school meetings or activities related to their child’s educational program. The Board will provide parents or persons in parental relation who are hearing impaired with meaningful access to school initiated meetings or activities pertaining to the academic and/or disciplinary aspects of their children's education. School initiated meetings or activities include, but are not limited to, parent-teacher conferences, child study or building-level team meetings, planning meetings with school counselors regarding educational progress and career planning, suspension hearings or any conferences with school officials relating to disciplinary actions. The term "hearing impaired" will include any hearing impairment, whether permanent or fluctuating, which prevents meaningful participation in District meetings or activities. Parents or persons in parental relation will be notified of the availability of interpreter services, to be provided at no charge, provided that a written request is made to the District within 14 days of the scheduled meeting or activity. Exceptions may be made for unanticipated circumstances as determined by the principal or designee. The District will also notify appropriate school personnel as to the terms and implementation of this policy. If interpreter services are requested, the District will appoint an interpreter for the hearing impaired to interpret during the meeting or activity. The District will arrange for interpreters through a Districtcreated list or through an interpreter referral service. The District will also develop interagency agreements, as appropriate, to ensure that sign language interpreters are provided for eligible parents or persons in parental relation when District students attend out-of-District schools or programs. In the event that an interpreter is unavailable, the District will make other reasonable accommodations which are satisfactory to the parents or persons in parental relation. Examples of what constitutes reasonable accommodations in the event an interpreter cannot be located may include the use of: a)
Written communications, transcripts, or note takers; and
b)
Technology, such as: a decoder or telecommunication device for the deaf, assistive listening devices, and closed or open captioning.
Education Law § 3230 8 NYCRR § 100.2(aa)
Adoption Date
2022
7221
Students
SUBJECT:
PARTICIPATION IN GRADUATION CEREMONIES AND ACTIVITIES
Any student who has satisfactorily completed all graduation requirements will be permitted to participate in the graduation ceremony and all related graduation activities of his or her graduating class subject to certain exceptions. Students may be prohibited from participating in the graduation ceremony or related graduation activities as a consequence of violating the District's Code of Conduct. The District permits any student to participate in the graduation ceremony and all related graduation activities of his or her high school graduating class, if the student has been awarded a Skills and Achievement Commencement Credential or a Career Development and Occupational Studies (CDOS) Commencement Credential, but has not otherwise qualified to receive a Regents or local diploma. While permitted to participate, these students are not required to participate in the graduation ceremony or related graduation activities of his or her high school graduating class. For purposes of this policy, a student's high school graduating class is the twelfth grade class with which he or she entered into ninth grade. The District will provide annual written notice of this policy and any related procedures to all students and their parents or guardians.
Education Law § 3204(4-b) 8 NYCRR § 100.2(oo)
Adoption Date
2022
7222
Students
SUBJECT:
DIPLOMA OR CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES
The District will provide students with disabilities appropriate opportunities to earn a diploma or non-diploma high school exiting credential in accordance with Commissioner's regulations. Students with disabilities may be eligible for one or more of the following: Diploma Options a)
Regents Diploma, including with honors, an advanced designation, a career and technical education endorsement, and/or any other designation or endorsement as may be available.
b)
Local Diploma, including with any endorsement as may be available.
Existing Credentials Options a)
Career Development and Occupational Studies (CDOS) Commencement Credential, which may be earned as a supplement to a Regents or local diploma or as a student's only exiting credential.
b)
Skills and Achievement Commencement Credential.
Specific requirements and detailed information for each diploma and non-diploma high school exiting credential are specified in the Commissioner's regulations and various guidance materials issued by the New York State Department of Education.
8 NYCRR §§ 100.1, 100.2, 100.5, and 100.6
NOTE:
Refer also to Policies #7220 -- Graduation Options/Early Graduation/Accelerated Programs #7221 -- Participation in Graduation Ceremonies and Activities #7641 -- Transition Services
Adoption Date
2022
7240 1 of 6
Students
SUBJECT:
ACCESS AND CHALLENGE
The District will comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Under its provisions, parents or guardians and non-custodial parent(s) whose rights are not limited by court order or formal agreement, of a student under 18, or a student who is 18 years of age or older, or who is attending an institution of post-secondary education, have a right to inspect and review any and all education records maintained by the District. Education Records The term "education records" is defined as all records, files, documents, and other materials containing information directly related to a student; and maintained by the education agency or institution, or by a person acting for that agency or institution. This includes all records regardless of medium, including, but not limited to, handwriting, videotape or audiotape, electronic or computer files, film, print, microfilm, and microfiche. In addition, for students who attend a public school district, all records pertaining to services provided under the Individuals with Disabilities Education Act (IDEA) are considered "education records" under FERPA and they are subject to the confidentiality provisions of both Acts. However, personal notes made by teachers or other staff are not considered education records if they are: a)
Kept in the sole possession of the maker;
b)
Not accessible or revealed to any other person except a temporary substitute; and
c)
Used only as a memory aid.
Additionally, FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official's personal knowledge or observation and not from the student's education records. Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded. Access to Student Records Administrative regulations and procedures will be developed to comply with the provisions of federal law relating to the availability of student records. The purpose of these regulations and procedures is to make available to the parents or guardians of students and non-custodial parent(s) whose rights are not limited by court order or formal agreement, or students who are 18 years of age or older, or who are attending an institution of post-secondary education, student records, and files on students, and to ensure the confidentiality of these records with respect to third parties. (Continued)
2022
7240 2 of 6
Students
SUBJECT:
ACCESS AND CHALLENGE (Cont'd.)
Under FERPA, unless otherwise exempted in accordance with law, policy, and/or regulation, the District may release personally identifiable information (PII) contained in student education records only if it has received a "signed and dated written consent" from a parent or eligible student. Signed and dated written consent may include a record and signature in electronic form provided that the signature: a)
Identifies and authenticates a particular person as the source of the electronic consent; and
b)
Indicates the person's approval of the information contained in the electronic consent.
Exceptions Without the consent of a parent or eligible student, the District may release a student's information or records when it is: a)
Directory Information and Limited Directory Information "Directory information" is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. "Limited Directory Information Disclosure" means that the District may limit disclosure of its designated directory information to specific parties, for specific purposes, or both. The intent is to allow schools the option to implement policies that allow for the disclosure of student information for uses such as yearbooks, honor roll lists, graduation programs, athletic contests, and playbills, but restrict disclosure for more potentially dangerous purposes. The District will limit disclosure of its designated directory information as otherwise specified in its public notice to parents of students in attendance and eligible students in attendance.
b)
To School Officials who have a Legitimate Educational Interest To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. An educational interest includes the behavior of a student and disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of the student, other students, or other members of the school community. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
c)
To Another Educational Institution The District may disclose any and all educational records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of IDEA, to another school or post-secondary institution at which the student seeks or intends to enroll, or after the student has enrolled or transferred, so long as the disclosure (Continued)
2022
7240 3 of 6
Students
SUBJECT:
ACCESS AND CHALLENGE (Cont'd.)
is for purposes related to the student's enrollment or transfer. Parental consent is not required for transferring education records if the school's annual FERPA notification indicates that these disclosures may be made. In the absence of information about disclosures in the annual FERPA notification, school officials must make a reasonable attempt to notify the parent about the disclosure, unless the parent initiated the disclosure. Additionally, upon request, the District will provide a copy of the information disclosed and an opportunity for a hearing. d)
For Health and Safety Emergency Reasons The District must balance the need to protect students' PII with the need to address issues of school safety and emergency preparedness. Under FERPA, if an educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records, without consent, to any person whose knowledge of the information is necessary to protect the health and safety of the student or other individuals during the period of the health or safety emergency. The District may release information from records to appropriate parties including, but not limited to, parents, law enforcement officials, and medical personnel. The District's determination that there is an articulable and significant threat to the health or safety of a student or other individuals will be based upon a totality of the circumstances, including the information available, at the time the determination is made. The District must record the articulable and significant threat that formed the basis for the disclosure and maintain this record for as long as the student's education records are maintained.
e)
To Juvenile Justice Systems Information may be disclosed to state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records were released. In these cases, the official or authority must certify in writing that the information will not be disclosed to any other party except as provided under law without prior written consent.
f)
To Foster Care Agencies The District may release records to an agency caseworker or other representative of a state or local child welfare agency, who has the right to access a student's case plan, when the agency or organization is legally responsible, for the care and protection of the student. This does not give a child welfare agency the right to look into any non-foster care student's records, without parental consent, when there has been a mere allegation of abuse or maltreatment, absent an order or subpoena.
(Continued)
2022
7240 4 of 6
Students
g)
ACCESS AND CHALLENGE (Cont'd.)
Pursuant to a Subpoena or Court Order When the District receives a subpoena or court order for the release of records, it will make a reasonable effort to notify the parent or guardian or eligible student of the order or subpoena in advance of compliance. This allows the parent or guardian or eligible student to seek protective action against the subpoena or order before the release of the records. The District may disclose a student's records without first notifying parents or guardians or eligible students if the disclosure is:
h)
1.
Based on a subpoena in which the court orders, for good cause shown, not to reveal to any person the existence or contents of the subpoena or any information furnished pursuant to the subpoena;
2.
In accordance with a judicial order in cases where the parents are a party to a court proceeding involving child abuse or maltreatment or dependency matters, and the order is issued in the context of that proceeding; or
3.
Made to a court (with or without an order or subpoena) when the District is involved in a legal action against a parent or student and the records are relevant to the matter.
For Financial Aid Purposes Pertinent information may be released in connection with the determination of eligibility, amount, conditions, and enforcement of terms of a student's financial aid.
i)
To Accrediting Organizations Disclosure of a student's records may be made to an organization in which that student seeks accreditation, in order to carry out their accrediting function.
j)
To Parents of a Dependent Student Even when a student turns 18 years of age or older the District may disclose education records to that student's parents, without the student's consent, if the student is claimed as a dependent for federal income tax purposes by either parent.
k)
For Audit/Evaluation Purposes The audit or evaluation exception allows for the disclosure of PII from education records without consent to authorized representatives of the Comptroller General of the U.S., the Attorney General, the Secretary of Education, federal, state, or local educational authorities. (Continued)
2022
7240 5 of 6
Students
SUBJECT:
ACCESS AND CHALLENGE (Cont'd.)
Under this exception, PII from education records must be used to audit or evaluate a federal or state supported education program, or to enforce or comply with federal legal requirements that relate to those education programs. The District may occasionally disclose PII from education records without consent to authorized representatives of the entities listed above. The District may also designate its own authorized representative who may access PII without consent in connection with an audit or evaluation of an education program within the District. As an example, the District might designate a university as its authorized representative in order to disclose, without consent, PII from education records on its former students to the university. The university could then disclose, without consent, transcript data on those former students attending the university to allow the District to evaluate how effectively the District prepared its students for success in post-secondary education. l)
For Conducting Studies This exception allows for the disclosure of PII from education records without consent to organizations conducting studies for, or on behalf of, schools, school districts, or postsecondary institutions. Studies can be for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction. The District may disclose PII from education records without consent to these organizations conducting studies for the District, in accordance with its obligations under FERPA.
In addition, other entities outside of the District may occasionally disclose PII from education records that the District has previously shared with that entity, to organizations conducting studies on behalf of the District. For example, a State Education Agency (SEA) may disclose PII from education records provided by the District without consent to an organization for the purpose of conducting a study that compares program outcomes across school districts to further assess the effectiveness of these programs with the goal of providing the best instruction. Required Agreements for the Studies or Audit/Evaluation Exceptions (see items k and l) To the extent required by law, the District will enter into a written agreement with organizations conducting studies for the District, or, with its designated authorized representatives in connection with audits or evaluations of education programs within the District. In the event that the District discloses PII from education records to its own designated authorized representative in connection with an audit or evaluation of an educational program within the District, it will use reasonable methods to ensure to the greatest extent practicable that its designated authorized representative complies with FERPA and its regulations.
(Continued)
2022
7240 6 of 6
Students
SUBJECT:
ACCESS AND CHALLENGE (Cont'd.)
Challenge to Student Records Parents or guardians of a student under the age of 18, or a student who is 18 years of age or older or who is attending an institution of post-secondary education, will have an opportunity for a hearing to challenge the content of the school records and to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy of students, and to provide an opportunity for the correction or deletion of any inaccurate, misleading, or otherwise inappropriate data. MOVE TO REGULATIONS Release of Information to the Non-custodial Parent The District may presume that the non-custodial parent has the authority to request information concerning his or her child and release this information upon request. If the custodial parent wishes to limit the non-custodial parent's access to the records, it is his or her responsibility to obtain and present to the school a legally binding instrument that prevents the release of information related to the child.
Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g 34 CFR Part 99 Education Law § 2-d
NOTE:
Refer also to Policies #5676 -- Privacy and Security for Student Data and Teacher and Principal Data #7241 -- Student Directory Information #7242 -- Military Recruiters and Institutions of Higher Education #7643 -- Transfer Students with Disabilities
Adoption Date
2022
7241 1 of 2
Students
SUBJECT:
STUDENT DIRECTORY INFORMATION
The District will publish an annual public notice informing parents or eligible students (i.e., a student 18 years of age or older or who is attending an institution of post-secondary education) of (1) the District's definition of directory information; (2) the parent or eligible student's right to opt-out of, in writing, the release of student directory information; and (3) indication of the time period to do so. Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Following this public notice and a reasonable period to opt-out, the District may release this information to an outside group without individual consent. The Family Educational Rights and Privacy Act defines student directory information as any of the items as indicated in the following list. The District defines student directory information to include only the items of information checked below: X X X X X X X X X
Student's name Address Telephone listing Date and place of birth Major field of study Grade level Participation in officially recognized activities and sports Weight and height (for members of athletic teams) Dates of attendance Honors, degrees and awards received Email address Photograph Name of educational institution previously attended Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user. Student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.
Parents and eligible students may not, by opting out of disclosure of directory information, prevent a school from requiring a student to wear or present a student identification card or a badge that displays information that may be directory information. A student's social security number, in whole or part, will not be designated as directory information.
(Continued)
2022
7241 2 of 2
Students
SUBJECT:
STUDENT DIRECTORY INFORMATION (Cont'd.)
20 USC § 1232g 34 CFR Part 99
NOTE:
Refer also to Policies #7240 -- Student Records: Access and Challenge #7242 -- Military Recruiters and Institutions of Higher Education
Adoption Date
2022
7242
Students
SUBJECT:
MILITARY RECRUITERS AND INSTITUTIONS OF HIGHER EDUCATION
Requests for Information The District will comply with requests from military recruiters and institutions of higher education (IHEs) for access to the name, address and telephone listing of each secondary school student, except for any student whose parent (or the student, if he or she is at least 18 years of age) has submitted a written request to opt-out of this disclosure, in which case the information will not be released without the parent's (or student's, if he or she is at least 18 years of age) prior written consent. Annual Notification and Opt-Out Opportunity The District will annually notify parents of a secondary student (or the student, if he or she is at least 18 years of age) of the opportunity to submit a written request to opt-out of disclosure of the student's name, address, and telephone listing to military recruiters and IHEs. If a written opt-out request is submitted, the District will not disclose the student's information to military recruiters or IHEs without the parent's (or student's, if he or she is at least 18 years of age) prior written consent. Military Recruiter Access The District will provide military recruiters the same access to secondary school students as is provided generally to IHEs or prospective employers of those students.
Elementary and Secondary Education Act of 1965, 20 USC § 7908 as amended by the Every Student Succeeds Act (ESSA) of 2015 10 USC § 503 Education Law § 2-a
Adoption Date
2022
7270
Students
SUBJECT:
RIGHTS OF NON-CUSTODIAL PARENTS
The Board is mindful that various arrangements exist for the care and custody of children residing in the District. The District attempts to maintain current family information to help ensure student safety, proper communication with parents, and appropriate educational programming. Parents who are divorced, legally separated, or otherwise live apart should supply the District with relevant information and documentation, including custody orders, regarding who is responsible for the custody and care of their child, and who is permitted to make educational decisions for that child. A non-custodial parent's participation in his or her child's education will be governed by the terms of any custody order. As a general matter, however, the District encourages non-custodial parents to participate in their child's education. When parents are invited to a parent teacher conference, the district will offer one conference per child. Unless prohibited from doing so by a court order, non-custodial parents may request information about their child, inspect and review their child's records in accordance with the Family Educational Rights and Privacy Act (FERPA) and District policy, and otherwise remain interested in their child's education. The District will not release students to a non-custodial parent without the custodial parent's consent. It is the parent's responsibility to inform the District if and when the child may be released to individuals other than the custodial parent in a form acceptable to the District.
NOTE:
Refer also to Policies #7130 -- Entitlement to Attend -- Age and Residency #7240 -- Student Records: Access and Challenge
Adoption Date
2022
7316 1 of 2
Students
SUBJECT:
STUDENT USE OF PERSONAL TECHNOLOGY
The Board seeks to maintain a safe and secure environment for students and staff. Advances in technology have made it possible to expand the learning environment beyond traditional classroom boundaries. Using personal electronic devices during instructional time can enable students to explore new concepts, personalize their learning experience, and expand their global learning opportunities. Additionally, the use of personal technology devices is ubiquitous in today's society and standards for student use during non-instructional time should adapt to this change. This policy defines the use of personal technology during instructional and non-instructional times and reinforces the standard that all use, regardless of its purpose, must follow the guidelines outlined in the Student Acceptable Use Policy (AUP), the District's Code of Conduct, and the Dignity for All Students Act. Personal technology includes all existing and emerging technology devices that can take photographs; record or play audio or video; input text; upload and download media; connect to or receive information from the Internet; and transmit or receive messages, telephone calls, or images. Examples of personal technology include, but are not limited to, iPods and MP3 players; iPad, Nook, Kindle, and other tablet PCs; laptop and netbook computers; personal digital assistants (PDAs), cell phones and smart phones such as BlackBerry, iPhone, or Droid, as well as any device with similar capabilities. Unacceptable devices include, but are not limited to, gaming devices or consoles, laser pointers, modems or routers, and televisions. Instructional Purposes Personal technology use by students is permitted during the school day for instructional purposes and/or in approved locations only. Teachers will indicate when and if classroom use is acceptable. Students are expected to act responsibly and thoughtfully when using technology resources. Students must first inquire with school administrators or teachers when they are unsure of the permissibility of a particular use of technology. Instructional purposes include, but are not limited to, approved classroom activities, research, college admissions activities, career development, communication with experts, homework, and other activities as deemed appropriate by school staff. Non-Instructional Uses Appropriate use of personal technology during non-instructional time is also allowed if students follow the guidelines in the AUP and Code of Conduct. Non-instructional use includes texting, calling, and otherwise communicating with others during free periods and in common areas of the school building such as the hallways, cafeteria, study halls, buses, and student lounges. Other non-instructional uses include Internet searches, reading, listening to music, and watching videos. Use during noninstructional time must be conducted in a safe and unobtrusive manner. Devices must also be in silent mode to avoid disrupting others.
(Continued)
2022
7316 2 of 2
Students
SUBJECT:
STUDENT USE OF PERSONAL TECHNOLOGY (Cont'd.)
Liability The District will not be liable for the loss, damage, misuse, or theft of any personal technology brought to any of its schools. The District reserves the right to monitor, inspect, and/or confiscate personal technology when the administration has reasonable suspicion to believe that a violation of school policy or criminal law has occurred. The Board expressly prohibits use of personal technology in locker rooms, restrooms, Health Offices, and any other areas where a person would reasonably expect some degree of personal privacy. Prohibition During State Assessments All students are prohibited from bringing electronic devices into a classroom or other location where a New York State assessment is being administrated. Test proctors, test monitors, and school officials have the right to collect prohibited electronic devices prior to the start of the test and hold them while the test is being administered, including break periods. Admission to any assessment will be denied to any student who refuses to relinquish a prohibited device. Students with disabilities may use certain devices if the device is specified in that student's IEP or 504 plan or a student has provided medical documentation that they require the device during testing. Permission Students will not be permitted to use personal technology devices in school or at school functions until they have reviewed the AUP, the applicable sections of the Code of Conduct and associated technology guidelines, and signed the Student Use of Personal Technology Permission Form with their parents. The District reserves the right to restrict student use of District-owned technologies and personal technology on school property or at school-sponsored events. Students must follow the guidelines for use set out in the District Code of Conduct and the AUP at all times. Consequences for misuse are set forth in the District's Code of Conduct.
NOTE:
Refer also to Policies #7315 -- Student Acceptable Use Policy (AUP) #7550 -- Dignity for All Students #8271 -- Internet Safety/Internet Content Filtering
Adoption Date
2022
7320 1 of 2
Students SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (STUDENTS)
Student Alcohol and Drug Policy 5200 The Board of Education is committed to the prevention of alcohol and any other drug use. It is the policy of the Webster Central School District that an alcohol and other drug-free environment be maintained. No person may use, possess, sell, manufacture, or share drugs, alcohol, or other illicit substances or associated paraphernalia on school grounds, in school vehicles, or at school functions. Furthermore, students who participate in extracurricular activities and/or athletics are role models for other students, both at school and away from school. They are subject to the same drug and alcohol rules as all other students. In addition, no student who is a member of any District extracurricular club, team, organization, or similar school activity may use, distribute or possess alcohol or other drugs off school grounds and when not engaged in a school-sponsored activity. The term “drugs, alcohol or other illicit substances” in this policy refers to all substances including, but not limited to, alcohol, tobacco (including smokeless tobacco), e-cigarettes, vaping products, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alikes, synthetics, any substances referred to as “designer drugs”, prescription and over-the-counter medication used without the required authorization documentation or used for other than its intended purpose, as described in Regulation 5201. Additionally, any student exhibiting behavior, conduct, personal or physical characteristics indicative of having abused or consumed alcohol or any other drug, or any student who school personnel have reasonable grounds to suspect has used alcohol or any other drug shall be prohibited from school grounds or school sponsored events. Smoking and Tobacco Products 4300 The Board of Education is committed to providing a tobacco free environment for all students and employees of the Webster Central School District. The Webster Central School District believes that education has a central role in establishing patterns of behavior related to good health and shall take measures to help students and staff to resist tobacco use. Students and employees must be encouraged and supported in their efforts to abstain from tobacco use. The possession by students and the use or distribution of tobacco products by anyone is prohibited on school grounds, in school vehicles, in any building owned or leased by the school district and at all school sponsored events. To support this policy the Webster Central School District will: 1. Provide age-appropriate, developmentally based tobacco education and prevention programs for all students. 2. Require active prevention, intervention, and disciplinary programs, including educational awareness and cessation programs that promote a tobacco-free school environment.
Prohibited Conduct The Board recognizes that the misuse of alcohol, tobacco, electronic cigarettes (e-cigarettes), cannabis (marijuana), drugs, counterfeit and designer drugs, over-the-counter drugs, prescription drugs, vitamins, supplements, herbs, and other similar substances is a serious problem with legal, physical, emotional, and social implications for our students, as well as the entire community. Therefore, the consumption, sharing, selling, use, and/or possession of these and similar substances, as well as tobacco products and drug paraphernalia are prohibited in accordance with law and regulation, District policy, the District Code of Conduct, and/or other similar documents. Students are not permitted to be under the influence of alcohol, cannabis (marijuana), drugs, or other prohibited substances on school grounds or at school functions. "School function" means a schoolsponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state. Exceptions may exist for authorized medical cannabis use. Disciplinary Measures Students will be disciplined in accordance with District policy, the District Code of Conduct, and/or other similar documents for the consumption, sharing, selling, use, and/or possession of alcohol, tobacco, e-cigarettes, cannabis (marijuana), drugs, counterfeit and designer drugs, over-the-counter drugs, prescription drugs, vitamins, supplements, herbs, and other similar substances, as well as tobacco products and drug paraphernalia. Information on Substance Use Related Services The Superintendent has designated one or more individuals to provide information regarding where and how to find available substance use related services to students, parents, and staff. The designated individual for the District is Colleen Armstrong, Executive Director of Student Services. Any information provided by a student, parent, or staff member to the designated individual(s) will not be used in any school disciplinary proceeding and will, in addition to any other applicable privilege, be considered confidential in accordance with law. 20 USC §§ 6083(a), 7118, and 7973(a) Cannabis Law § 127 Education Law §§ 409, 2801, and 3038 Penal Law § 222.10 Public Health Law §§ 1399-n and 1399-o
(Continued)
2022
7320 2 of 2
Students
NOTE:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (STUDENTS) (Cont'd.)
Refer also to Policies #3280 -- Use of School Facilities, Materials, and Equipment #3410 -- Code of Conduct #5640 -- Smoking, Tobacco, and Cannabis (Marijuana) Use #6150 -- Alcohol, Tobacco, Drugs, and Other Substances (Staff) #8240 -- Instruction in Certain Subjects District Code of Conduct
Adoption Date
2022
7360
Students
SUBJECT:
WEAPONS IN SCHOOL AND THE GUN-FREE SCHOOLS ACT
With the exception of those students who receive prior written permission from the Board or its designee, no student may bring in or possess any "firearm" or "weapon" on school property, on a school bus or District vehicle, in school buildings, or at school-sponsored activities or settings under the control or supervision of the District regardless of location. Any student who has been found guilty of bringing in or possessing a firearm or weapon in violation of this policy will be disciplined in a manner consistent with law and the District's Code of Conduct. Discipline may include a mandatory suspension for a period of not less than one calendar year for a student who is determined to have violated the Federal Gun-Free Schools Act and its implementing provisions in the New York State Education Law, provided that the Superintendent may modify the suspension requirement on a case-by-case basis. Students who have brought a "weapon" or "firearm" to school will be referred by the Superintendent to either a presentment agency (the agency or authority responsible for presenting a juvenile delinquency proceeding) or to appropriate law enforcement officials. These referrals will be made as follows: a student who is under the age of 16 and who is not a 14 or 15 year-old who qualifies for juvenile offender status under the Criminal Procedure Law will be referred to a presentment agency for juvenile delinquency proceedings; a student who is 16 years old or older, or who is 14 or 15 and qualifies for juvenile offender status, will be referred to the appropriate law enforcement authorities. For the purposes of this policy, the term "weapon" will be as defined in 18 USC 930(g)(2). For the purposes of this policy, the term "firearm" will be as defined in 18 USC 921(a). Students with disabilities continue to be entitled to all rights set forth in the Individuals with Disabilities Act and Education Law Article 89. This policy does not authorize suspension of students with disabilities in violation of those authorities. This policy also does not diminish the authority of the Board to offer courses in instruction in the safe use of firearms in accordance with Education Law Section 809-a.
Gun-Free Schools Act as amended by the Every Student Succeeds Act (ESSA) of 2015, 20 USC § 7961 18 USC §§ 921(a) and 930(g)(2) Criminal Procedure Law § 1.20(42) Education Law §§ 809-a and 3214
NOTE:
Refer also to Policies #3411 -- Prohibition of Weapons on School Grounds #7313 -- Suspension of Students District Code of Conduct
Adoption Date
2022
7410 1 of 2
Students
SUBJECT:
EXTRACURRICULAR ACTIVITIES
Any organization within the District whose activities are conducted by students, and whose financial support is raised other than by taxation or though charges of the Board, is an extraclassroom activity (ECA). All ECAs must be approved by the Board. The Superintendent or designee will maintain an up-to-date register of all ECAs that are approved or discontinued. The District will develop detailed procedures for the establishment of ECAs. The Board may adopt rules and regulations to abolish and/or prohibit any fraternity, sorority, or other secret society in any secondary school in the District provided that the Board has found that the fraternity, sorority, or secret society has, by virtue of its activities, caused or created a disruption of or interference with the academic process of any secondary school within the District or caused or created a disruption of the academic process of any individual student or students in any secondary school within the District. Eligibility for Attendance Student participation in extracurricular activities is a privilege. Students must abide by the academic standards and standards of conduct for participation in extracurricular activities as established by the Board and outlined in the District's Code of Conduct and/or any other applicable document. Censorship of School-Sponsored Student Publications and Activities The District may exercise editorial control over the style and content of student speech in schoolsponsored publications and activities that are part of the educational curriculum. Limited Open Forum The District maintains a limited open forum where one or more noncurricular related secondary student groups meet on District premises during noninstructional time. The District will not deny equal access or a fair opportunity to, or discriminate against these groups on the basis of the religious, political, philosophical, or other content of the speech at those meetings. To provide a fair opportunity to students who wish to conduct a meeting, the District will ensure that: a)
The meeting is voluntary and student-initiated;
b)
There is no sponsorship of the meeting by the District, the government, or its agents or employees;
c)
Employees or agents of the District or government are present at religious meetings only in a nonparticipatory capacity; (Continued)
2022
7410 2 of 2
Students
SUBJECT:
EXTRACURRICULAR ACTIVITIES (Cont'd.)
d)
The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the District; and
e)
Non-District persons may not direct, conduct, control, or regularly attend activities of student groups.
However, the District, its agents, and its employees, retain the authority to: a)
Ban unlawful groups;
b)
Maintain order and discipline on District premises;
c)
Protect the well-being of students and employees;
d)
Assure that attendance of students at meetings is voluntary; and
e)
Restrict groups that materially and substantially interfere with the orderly conduct of educational activities.
20 USC § § 4071-4074 Education Law §§ 1709-a, 2503-a, and 2554-a 8 NYCRR Part 172 NYSED Finance Pamphlet, The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, Revised 2019
Adoption Date
2022
7440
Students
SUBJECT:
STUDENT VOTER REGISTRATION AND PRE-REGISTRATION
The District recognizes the importance of voting and civic engagement. As such, the District seeks to encourage student voter registration and pre-registration. A person who is at least 16 years of age and who is otherwise qualified to register to vote may pre-register to vote, and will then be automatically registered to vote upon reaching the age of eligibility as provided by law. *The District promotes student voter registration and pre-registration through the following means: a)
Collaborating with county boards of elections to conduct voter registration and preregistration in the District's high school(s); and
b)
Encouraging voter registration and pre-registration at various student events throughout the year.
The completion and submission of voter registration or pre-registration forms will not be a course requirement or graded assignment for District students.
Election Law § 5-507
*Customize to District -- Some examples of how a district may encourage student voter registration and pre-registration have been provided. However, the District should customize this list to reflect its actual practices. Adoption Date
2022
7450
Students SUBJECT:
FUNDRAISING
Fundraising projects in which students sell merchandise, provide services, or in other ways solicit money for school activities may be sponsored by school organizations with the express approval of the following: • • •
For athletic fundraisers, the athletic directors must approve the fundraiser; For all clubs the building principal will approve the fundraising; Marching Band, WABO, Central PTSA and PTSA fundraisers must be approved by the appropriate administrator and accounting will take place through the organization. Administrators include: The Director of Fine Arts, Director of Athletics and Physical Education, Building Principal, Assistant Superintendent for Business and/or Deputy Superintendent.
Any plan must have a clearly defined purpose and, in general, must contribute to the educational experience of students. Fundraising must not conflict with instructional programs and all fundraising conducted by student groups and other school-or District-affiliated organizations must comply with federal, state and local laws, as well as the Regents. All participation will be voluntary. All approved fundraising will be monitored and accounted for in the extra-classroom funds by the building principal or his/her designee. Care must be taken to prevent fundraising projects from overburdening any segment of the community. The following solicitation methods are prohibited for student activities: • •
Door-to-door sales Wagering and lotteries
Employees are cautioned against giving the impression to students that the purpose of selling items or paying a fee is to defray a portion of the District's educational program. At no time should a student's participation in an educational activity include these sales or fees. In addition, employees are not permitted to deposit the proceeds of any legitimate sales activity in their own personal accounts. These activities may jeopardize a student's right to participate in the educational program on a tuition or feefree basis. Further, employees engaged in these activities may be held personally liable. The fundraising form in Regulation 4121 is to be completed and kept on file with the appropriate building administrator.
Fundraising
4120
The purpose of this policy is for the safety of our students and to clarify the expectations and appropriateness of the fundraising activity. All approved fundraising will be monitored and accounted for in the extra-classroom funds by the building principal or his/her designee. For athletic fundraisers, the athletic directors must approve the fundraiser, followed by the building principal. For all clubs the building principal will approve the fundraising. Marching Band, WABO, Central PTSA and PTSA fundraisers must be approved by the appropriate administrator and accounting will take place through the organization. Administrators include: The Director of Fine Arts, Director of Athletics and Physical Education, Building Principal, Assistant Superintendent for Business and/or Deputy Superintendent. All fundraising conducted by student groups and other school-or District-affiliated organizations must comply with federal, state and local laws, as well as the Regents rules, particularly with regards to methods used. Participation in fundraising activities is purely voluntary. The fundraising must be appropriate for the organization and its needs. The appropriate administrator (i.e. building principal, athletic director) must approve the fundraiser before any activity begins. Any legally binding agreement(s) made with a vendor for the fundraising must be directed to the District’s Business Office for prior approval. Each administrator is to keep a record (form in regulation) of the fundraisers and plan future fundraisers so as not to conflict with other activities. The fundraising form in Regulation 4121 is to be completed and kept on file with the appropriate building administrator. SUBJECT:
FUNDRAISING BY STUDENTS (ERIE 1 Proposed)
Fundraising projects in which students sell merchandise, provide services, or in other ways solicit money for school activities may be sponsored by school organizations with the express approval of the building principal. Any plan must have a clearly defined purpose and, in general, must contribute to the educational experience of students. Fundraising must not conflict with instructional programs or state mandates. Fundraising activities away from school property will be held to a minimum. All participation will be voluntary. Door-to-door sales projects undertaken by any organization using the District's name require prior Board approval. Profits will be used to enhance school programs by providing money for expenditures not normally funded by the District. Employees are cautioned against giving the impression to students that the purpose of selling items or paying a fee is to defray a portion of the District's educational program. At no time should a student's participation in an educational activity include these sales or fees. In addition, employees are not permitted to deposit the proceeds of any legitimate sales activity in their own personal accounts. These activities may jeopardize a student's right to participate in the educational program on a tuition or fee-free basis. Further, employees engaged in these activities may be held personally liable.
1) 2) 3)
New York State Constitution, Article ⅤⅢ, § 1 Education Law § 414 8 NYCRR § 19.6
SUBJECT:
FUNDRAISING BY STUDENTS
Fundraising projects in which students sell merchandise, provide services, or in other ways solicit money for school activities may be sponsored by school organizations with the express approval of the building principal. Any plan must have a clearly defined purpose and, in general, must contribute to the educational experience of students. Fundraising must not conflict with instructional programs or state mandates. Fundraising activities away from school property will be held to a minimum. All participation will be voluntary. Door-to-door sales projects undertaken by any organization using the District's name require prior Board approval. Profits will be used to enhance school programs by providing money for expenditures not normally funded by the District. Employees are cautioned against giving the impression to students that the purpose of selling items or paying a fee is to defray a portion of the District's educational program. At no time should a student's participation in an educational activity include these sales or fees. In addition, employees are not permitted to deposit the proceeds of any legitimate sales activity in their own personal accounts. These activities may jeopardize a student's right to participate in the educational program on a tuition or feefree basis. Further, employees engaged in these activities may be held personally liable.
New York State Constitution, Article ⅤⅢ, § 1 Education Law § 414 8 NYCRR § 19.6
NOTE:
Refer also to Policy #3271 -- Solicitation of Charitable Donations
Adoption Date
2022
7520
Students
SUBJECT:
ACCIDENTS AND INSURANCE MEDICAL EMERGENCIES
Student Emergency Treatment All staff members of the District are responsible to obtain first aid care for students who are injured or become ill while under school supervision. In most instances, first aid should be rendered and then the parent should be contacted to come to school and transport the student to the family physician. Beyond first aid, the medical care of the student is the parent's responsibility. However, the student's welfare is always the primary concern, and it is the responsibility of school personnel to exercise good judgment and care under all circumstances. The Board encourages all staff members to become qualified to give emergency treatment through instruction in first aid, Cardiopulmonary Resuscitation (CPR), and Automated External Defibrillators (AEDs). Transporting an Ill or Injured Student In the event of an illness or injury to a student, an ambulance may be called. The District will make all reasonable attempts to contact a parent or person in parental relation when determining if emergency treatment is necessary. Insurance The Board will approve provisions for all students to be covered by group insurance. These student accident insurance policies will be a co-insurance with family coverage(s) as primary.
Education Law §§ 1604(7-a), 1604(7-b), 1709(8-a), and 1709(8-b)
NOTE:
Refer also to Policy #7420 -- Sports and the Athletic Program
Adoption Date
2022
7550 1 of 6
Students SUBJECT:
DIGNITY FOR ALL STUDENTS
Overview The District seeks to create an environment free of harassment, bullying, and discrimination; to foster civility in its schools; and to prevent conduct that is inconsistent with its educational mission. This policy is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment. The District, therefore, prohibits all forms of harassment and bullying of students by employees or other students on school property and at school functions. The District further prohibits discrimination against students, including, but not limited to, discriminatory acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by employees or other students on school property and at school functions. In addition, other acts of harassment, bullying, and/or discrimination that occur off school property may be subject to discipline or other corrective action, where such acts create or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation, or abuse might reach school property. The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of harassment, bullying, and/or discrimination of students. The District will promptly respond to reports of harassment, bullying, and/or discrimination of students, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted. Inquiries about this policy may be directed to the District's Dignity Act Coordinator(s) (DAC(s)). Dignity Act Coordinator In each of its schools, the District will designate at least one employee to serve as the DAC and receive reports of harassment, bullying, and/or discrimination. Each DAC will be: a)
Approved by the Board;
b)
Licensed and/or certified by the Commissioner as a classroom teacher, school counselor, school psychologist, school nurse, school social worker, school administrator or supervisor, or superintendent;
c)
Instructed in the provisions of the Dignity for All Students Act and its implementing regulations; (Continued)
2022
7550 2 of 6
Students
SUBJECT:
DIGNITY FOR ALL STUDENTS (Cont'd.)
d)
Thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex;
e)
Provided with training which addresses the social patterns of harassment, bullying, and discrimination, including, but not limited to, those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex;
f)
Provided with training in the identification and mitigation of harassment, bullying, and discrimination; and
g)
Provided with training in strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings.
The District will widely disseminate the name, designated school, and contact information of each DAC to all school personnel, students, and parents or persons in parental relation by: a)
Listing it in the Code of Conduct, with updates posted on the District's website;
b)
Including it in the Code of Conduct's plain language summary provided to all parents or persons in parental relation to students before the beginning of each school year;
c)
Providing it to parents or persons in parental relation in at least one District or school mailing or other method of distribution each school year, including, but not limited to, electronic communication and/or sending information home with each student. If the information changes, parents and persons in parental relation will be notified in at least one subsequent District or school mailing, or other method of distribution as soon as practicable thereafter;
d)
Posting it in highly visible areas of school buildings; and
e)
Making it available at the District and school-level administrative offices.
If a DAC vacates his or her position, the District will immediately designate another eligible employee as an interim DAC, pending approval of a successor DAC from the Board within 30 days of the date the position was vacated. In the event a DAC is unable to perform his or her duties for an extended period of time, the District will immediately designate another eligible employee as an interim DAC, pending the return of the previous individual to the position.
(Continued)
2022
7550 3 of 6
Students
SUBJECT:
DIGNITY FOR ALL STUDENTS (Cont'd.)
Training and Awareness Each year, all employees will be provided with training to promote a supportive school environment that is free from harassment, bullying, and discrimination, and to discourage and respond to incidents of harassment, bullying, and/or discrimination. This training may be provided in conjunction with existing professional learning and will be conducted consistent with guidelines approved by the Board, and will include training to: a)
Raise awareness and sensitivity to potential acts of harassment, bullying, and discrimination;
b)
Address social patterns of harassment, bullying, and discrimination;
c)
Inform employees on the identification and mitigation of harassment, bullying, and discrimination;
d)
Enable employees to prevent and respond to incidents of harassment, bullying, and discrimination;
e)
Make employees aware of the effects of harassment, bullying, cyberbullying, and discrimination on students;
f)
Provide strategies for effectively addressing problems of exclusion, bias, and aggression;
g)
Include safe and supportive school climate concepts in curriculum and classroom management; and
h)
Ensure the effective implementation of school policy on conduct and discipline.
Rules against harassment, bullying, and discrimination will be included in the Code of Conduct, publicized District-wide, and disseminated to all staff and parents or persons in parental relation. Any amendments to the Code of Conduct will be disseminated as soon as practicable following their adoption. The District will provide new employees with a complete copy of the current Code of Conduct upon beginning their employment, and distribute an age-appropriate summary to all students at a school assembly at the beginning of each school year. Internal Reports and Investigations of Harassment, Bullying, and/or Discrimination All District employees who witness or receive an oral or written report of harassment, bullying, and/or discrimination are required to take action. District employees must make an oral report promptly to the Superintendent or principal, their designee, or the DAC not later than one school day after
(Continued)
2022
7550 4 of 6
Students
SUBJECT:
DIGNITY FOR ALL STUDENTS (Cont'd.)
witnessing or receiving an oral or written report of harassment, bullying, and/or discrimination. No later than two school days after making the oral report, the District employee must file a written report with the Superintendent or principal, their designee, or the DAC. The Superintendent or principal, their designee, or the DAC will lead or supervise the thorough investigation of all reports of harassment, bullying, and/or discrimination and ensure that all investigations are promptly completed after the receipt of a written report. In investigating any allegation, the investigator may seek the assistance of the District's Civil Rights Compliance Officer(s) (CRCO(s)) and/or Title IX Coordinator(s) in investigating, responding to, and remedying complaints of harassment, bullying, and/or discrimination. Additionally, other District policies and documents address harassment, bullying, and discrimination of students. These policies and documents may include: Policy #3420 -- NonDiscrimination and Anti-Harassment in the District; Policy #3421 -- Title IX and Sex Discrimination; Policy #7551 -- Sexual Harassment of Students; and the District's Code of Conduct. All complaints will be handled in accordance with the applicable District policies and/or documents. The determination as to which District policies and/or documents are applicable is fact specific, and the DAC may work with other District staff such as the District's CRCO(s) and/or Title IX Coordinator(s) to determine which District policies and/or documents are applicable to the specific facts of the complaint. When an investigation verifies a material incident of harassment, bullying, and/or discrimination, the Superintendent or principal, their designee, or the DAC will take prompt action, consistent with applicable laws and regulations as well as the District's Code of Conduct, reasonably calculated to end the harassment, bullying, and/or discrimination, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom the behavior was directed. The Superintendent or principal, their designee, or the DAC will promptly notify the appropriate local law enforcement agency when it is believed that any harassment, bullying, and/or discrimination constitutes criminal conduct. Reporting Incidents Reporting Incidents to the Superintendent At least once during each school year, each building principal will provide a report on data and trends related to harassment, bullying, and/or discrimination to the Superintendent in a manner prescribed by the District. This report will be used to submit the annual School Safety and the Educational Climate (SSEC) Summary Data Collection form to the State Education Department (SED). (Continued)
2022
7550 5 of 6
Students
SUBJECT:
DIGNITY FOR ALL STUDENTS (Cont'd.)
Reporting of Material Incidents to the Commissioner of Education Each school year, the District will submit to the Commissioner a report of material incidents of harassment, bullying, and/or discrimination that occurred during the school year in accordance with law and regulation. This report will be submitted in a manner prescribed by the Commissioner, on or before the basic educational data system (BEDS) reporting deadline or other date determined by the Commissioner. Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection) Any person who has reasonable cause to suspect that a student has been subjected to harassment, bullying, and/or discrimination by an employee or student on school grounds or at a school function, and who acts reasonably and in good faith in reporting it to school officials, the Commissioner, or law enforcement authorities, or who otherwise initiates, testifies, participates, or assists in any formal or informal proceedings, will have immunity from any civil liability that may arise from making that report, or from initiating, testifying, participating, or assisting in those proceedings. The District also prohibits any retaliatory behavior directed against any complainant, victim, witness, or any other individual who participated in the reporting or investigation of an incident of alleged harassment, bullying, and/or discrimination. Publication of District Policy At least once during each school year, all employees, students, and parents or persons in parental relation will be provided with a written or electronic copy of this policy, or a plain-language summary of it. The policy or summary will include information relating to how students, parents or persons in parental relation, and employees may report harassment, bullying, and/or discrimination. Additionally, the District will maintain a current version of this policy on its website at all times. Application Nothing in this policy or its implementing regulations should be interpreted to preclude or limit any right or cause of action provided under any local, state, or federal ordinance, law or regulation including, but not limited to, any remedies or rights available under the Individuals with Disabilities Education Act, Title VII of the Civil Rights Law of 1964, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.
Education Law § § 10-18 and 2801 8 NYCRR § 100.2
(Continued)
2022
7550 6 of 6
Students
NOTE:
DIGNITY FOR ALL STUDENTS (Cont'd.)
Refer also to Policies #1330 -- Appointments and Designations by the Board #3410 -- Code of Conduct #3420 -- Non-Discrimination and Anti-Harassment in the District #3421 -- Title IX and Sex Discrimination #5670 -- Records Management #6411 -- Use of Email in the District #7551 -- Sexual Harassment of Students #8130 -- Equal Educational Opportunities District Code of Conduct
Adoption Date
2022
7551 1 of 4
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS
Overview The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses sexual harassment of students. It is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment. Consistent with this commitment and in accordance with law and regulation, the District prohibits all forms of sexual harassment of students by any individual on school property and at school functions which, for purposes of this policy, means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state. The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of sexual harassment of students. The District will promptly respond to reports of sexual harassment of students, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted. Inquiries about this policy may be directed to the District's Civil Rights Compliance Officer(s) (CRCO(s)), Title IX Coordinator(s), and/or the Dignity Act Coordinator(s) (DAC(s)). What Constitutes Sexual Harassment Sexual harassment is a form of sex discrimination and is unlawful. It includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment can occur between any individuals, regardless of their sex or gender. Generally stated, sexual harassment consists of subjecting an individual to unwelcome conduct which is either of a sexual nature or which is directed at an individual because of that individual's sex. This conduct may, among other things, have the purpose or effect of: creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with a student's educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting a student's educational opportunities. Petty slights or trivial inconveniences generally do not constitute harassing conduct. Determinations as to whether conduct or an incident constitutes sexual harassment will be made consistent with applicable law and regulation, as well as any applicable District policy, regulation, procedure, or other document such as the District's Code of Conduct. The examples below are intended to serve as a general guide for individuals in determining what may constitute sexual harassment. These examples should not be construed to add or limit the rights that students possess as a matter of law. (Continued)
2022
7551 2 of 4
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont'd.)
Examples of Sexual Harassment Sexual harassment can be verbal, non-verbal, or physical. Examples of this conduct may include, but are not limited to, the following: a)
Unwanted physical acts of a sexual nature, such as: 1.
Touching, pinching, patting, kissing, hugging, grabbing, brushing against another person's body, or poking another person's body; and
2.
Rape, sexual battery, molestation, or attempts to commit these assaults.
b)
Engaging in sexual conduct with an individual who is unable to consent due to age, use of drugs or alcohol, intellectual disability, or other disability.
c)
Unwanted sexual advances or propositions, such as: 1.
Demanding sexual favors of a student, insinuating that refusal to acquiesce to such favors will adversely affect a student's grades, references, academic or scholastic placement, and/or participation in extracurricular activities; and
2.
Subtle or obvious pressure for unwelcome sexual activities.
d)
Verbal abuse or ridicule, including profanity, innuendoes, stories, and jokes that are sexual in nature and/or gender-related. This might include inappropriate sex-oriented comments on appearance, including dress or physical features.
e)
Asking or commenting about an individual's sexual activities.
f)
Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity, and the status of being transgender.
g)
Displaying or distributing pornographic or other sexually explicit materials (print or digital) such as magazines, pictures, cartoons, etc.
h)
Unwelcome staring, leering, or gesturing which is sexually suggestive in nature.
i)
Unwelcome and/or offensive public displays of sexual or physical affection.
j)
Clothing that reflects sexually obscene and/or sexually explicit messages, slogans, or pictures. (Continued)
2022
7551 3 of 4
Students
k)
SEXUAL HARASSMENT OF STUDENTS (Cont'd.)
Any other unwelcome and unwanted sexually oriented and/or gender-based behavior which is sexually demeaning, belittling, intimidating, or perpetrates sexual stereotypes and attitudes.
Reporting Allegations of Sexual Harassment In order for the District to enforce this policy, and to take corrective action as warranted, it is essential that students who believe that they have been a victim of sexual harassment in the school environment, as well as any other person who has knowledge of or witnesses any possible sexual harassment, immediately report the alleged conduct or incident. Reports of sexual harassment may be made orally or in writing to any District employee including, but not limited to, a teacher, building principal, CRCO, Title IX Coordinator, or DAC. All District employees who witness or receive an oral or written report of sexual harassment must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO. Additionally, District employees must comply with reporting requirements in any other applicable District policy or document. Applicable policies or documents may include: Policy #3420 -- NonDiscrimination and Anti-Harassment in the District; Policy #3421 -- Title IX and Sex Discrimination; Policy #7550 -- Dignity for All Students; and the District's Code of Conduct. Grievance Process for Complaints of Sexual Harassment The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of sexual harassment of students and will promptly take appropriate action to protect students from further sexual harassment. Various District policies and documents address sexual harassment of students. These policies and documents may include: Policy #3420 -- Non-Discrimination and Anti-Harassment in the District; Policy #3421 -- Title IX and Sex Discrimination; Policy #7550 -- Dignity for All Students; and the District's Code of Conduct. All complaints will be handled in accordance with the applicable District policies and/or documents. The determination as to which District policies and/or documents are applicable is fact specific, and the CRCO may work with other District staff such as the District's Title IX Coordinator(s) and/or DAC(s) to determine which District policies and/or documents are applicable to the specific facts of the complaint. (Continued)
2022
7551 4 of 4
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont'd.)
If an investigation reveals that sexual harassment has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable law and regulation, as well as any applicable District policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District's Code of Conduct. Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection) The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of sexual harassment. Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO. Where appropriate, follow-up inquiries will be made to ensure that the sexual harassment has not resumed and that those involved in the investigation have not suffered retaliation.
Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq. Title IV of the Civil Rights Act of 1964, 42 USC § 2000c et seq. Title IX of the Education Amendments Act of 1972, 20 USC § 1681 et seq. 34 CFR Parts 106 and 270 45 CFR Part 86 Civil Rights Law § 40-c Education Law § § 10-18 , 313, 2801, and 3201-a New York State Human Rights Law, Executive Law § 290 et seq. 8 NYCRR § 100.2 9 NYCRR § 466 et seq.
NOTE:
Refer also to Policies #3410 -- Code of Conduct #3420 -- Non-Discrimination and Anti-Harassment in the District #3421 -- Title IX and Sex Discrimination #7550 -- Dignity for All Students District Code of Conduct
Adoption Date
2022
7580 1 of 2
Students
SUBJECT:
SAFE PUBLIC SCHOOL CHOICE
Any District student who is a victim of a violent criminal offense that occurred on the grounds of the District elementary or secondary school that the student attends, will be allowed to attend a safe public school within the District to the extent required by federal and state law and regulations. In accordance with Commissioner's regulations, "safe public school" means a public school that has not been designated by the Commissioner of Education as a persistently dangerous public elementary or secondary school. Violent Criminal Offense The Superintendent will determine if the student has been the victim of a violent criminal offense. "Violent criminal offense" means a crime that: a)
Involves infliction of a serious physical injury upon another as defined in New York State Penal Law; or
b)
A sex offense that involves forcible compulsion; or
c)
Any other offense defined in New York State Penal Law that involves the use or threatened use of a deadly weapon.
Serious Physical Injury "Serious physical injury" means a physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ. Deadly Weapon "Deadly weapon" means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. Determination Whether Student is a Victim Procedures will be established for determination by the Superintendent of whether a student is a victim of a violent criminal offense that occurred on school grounds of the school the student attends. The Superintendent will, prior to making any determination, consult with any law enforcement agency investigating the alleged violent criminal offense and consider any reports or records provided by the agency. However, a criminal conviction is not required prior to the Superintendent's determination that a student has been a victim of a violent criminal offense. (Continued)
2022
7580 2 of 2
Students
SUBJECT:
SAFE PUBLIC SCHOOL CHOICE (Cont'd.)
The Superintendent's determination may be appealed to the Board. However, this determination will not preclude any student disciplinary proceeding brought against the alleged victim or perpetrator of the violent criminal offense. Notice to Parents or Persons in Parental Relation The District will establish procedures for notification of parents of, or persons in parental relation to, students who are victims of violent criminal offenses of their right to transfer to a safe public school within the District and procedures for the transfer. This notice will be, to the extent practicable, provided in the dominant language or mode of communication used by the parents or persons in parental relation to the student. The District will notify the parents of, or persons in parental relation to, the student within 24 hours of the determination that the student has been the victim of a violent criminal offense on school grounds at the school he or she attends. Written notice will be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within 24 hours of the determination at the last known address or addresses of the parents or persons in parental relation to the student. Where possible, notification will also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents or persons in parental relation. Designation of Safe Public School It is the responsibility of the District, based on objective criteria, to designate a safe public school or schools within the District to which students may transfer. Any student who transfers to a safe public school, in accordance with the provisions of this policy and applicable law and regulation, will be enrolled in the classes and other activities of the public school to which the student transfers in the same manner as all other students at the public school. The receiving school will be identified by the District and must be at the same grade level as the school from which the student is transferring. To the extent possible the District will allow transferring students to transfer to a school that is making adequate yearly progress and has not been identified as requiring school improvement, corrective action, or restructuring. The District will provide transportation for any student permitted to transfer to the safe public school within the District designated by the District within the transportation limits established in Education Law Sections 3635 and 4401(4). Any student who transfers to a safe public school will be permitted to remain in the safe public school until the student has completed the highest grade level in the school transferred to. While the parents or persons in parental relation to the student must be offered the opportunity to transfer their child, they may elect to have the child remain at the school he or she currently attends. 20 USC § 7912 Education Law § 2802(7) Penal Law §10.00 8 NYCRR §§ 120.3 and 120.5
Adoption Date
2022
7611 1 of 4
Students
SUBJECT:
CHILDREN WITH DISABILITIES
A child with a disability means a student under the age of 21 who is entitled to attend public schools and who, because of mental, physical, or emotional eligibility reasons can only receive appropriate educational opportunities from a program of special education. A child is not considered as having a disability if his or her educational needs are due primarily to unfamiliarity with the English language; environmental, cultural, or economic factors; or lack of appropriate instruction in reading or mathematics. If the State Education Department (SED) finds that the District has inappropriate policies, procedures, or practices resulting in a significant disproportionality by race or ethnicity in the suspension, identification, classification, or placement of students with disabilities, the District will ensure that it publicly reports on the subsequent revisions to those policies, procedures, or practices. The Board recognizes the existence of individual differences in the intellectual, social, emotional, and physical development of children attending school in the District. In recognizing these differences, the Board supports a system of services offered in the least restrictive environment (LRE) for children with disabilities which includes: a)
Not requiring any student to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving services;
b)
Education in regular classes with or without support services, education in a resource room, education for part of the day in a special class, full-time education in a special class, home instruction and education in a residential setting;
c)
Providing for the education of students with disabilities with non-disabled peers to the extent appropriate;
*d) Taking the following measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education programs and services: 1.
Utilize established procedures for publication of all potential job openings;
2.
Check credentials and requirements listed on applications;
3.
Provide training sessions for interview committee;
4.
Special Education teachers are required to have subject matter knowledge appropriate to the level of instruction being provided; when teaching two or more core academic subjects exclusively to children with disabilities, the teacher will meet all requirements imposed by law or demonstrate competence in all the core academic subjects taught per state regulations; *District must customize (Continued)
2022
7611 2 of 4
Students
5.
CHILDREN WITH DISABILITIES (Cont'd.) Special education teachers and administrators are required to complete enhanced training in the needs of autistic children.
*e) Establishing the following guidelines for the provision of appropriate accommodations necessary to measure the academic achievement and functional performance of the student in the administration of District-wide assessments:
*f)
1.
Ensure that necessary accommodations are specified on individualized education program (IEP) and implemented in accordance with the IEP;
2.
Review the need for accommodations at Committee on Special Education (CSE) evaluations/re-evaluations;
To the extent feasible, using universal design principles (defined as a concept or philosophy for designing and delivering products and services that are usable by people with the widest range of functional capabilities, which include products and services that are directly usable without requiring assistive technologies and products and services that are made usable with assistive technologies) in developing and administering District-wide assessment programs by: 1.
Addressing appropriate universal design principles in IEP;
2.
Having the library media specialist or Curriculum Coordinator keep CSE/Committee on Preschool Special Education (CPSE) apprised of available products and services utilizing universal design principles;
3.
Ensuring that instructional materials and activities allow learning goals to be achievable by individuals with wide differences in abilities;
4.
Ensuring that flexible curricular materials and activities are built into the instructional design and operating systems;
5.
Ensuring that instruction is diversified to deliver the general education curriculum to every student and diversify ways students may respond to that curriculum.
g)
Consideration of the location of a school program(s) to a student's residence, before placement into an educational program.
h)
Adoption of written policies and procedures ensuring that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with Commissioner's regulations.
*District must customize (Continued)
2022
7611 3 of 4
Students
SUBJECT:
CHILDREN WITH DISABILITIES (Cont'd.)
i)
Allocation of appropriate space within the District for special education programs that meet the needs of students with disabilities.
j)
Assurance that appropriate space will be available to meet the needs of resident students with disabilities who attend special education programs provided by BOCES.
Provision of Special Education Services to Nonpublic School Students with Disabilities who are Parentally Placed The district of location is responsible for Child Find, including individual evaluations, CSE meetings, provision of special education services, and due process to parentally placed nonpublic school students attending nonpublic schools located in the geographic region of the public school district. These requirements only pertain to students with disabilities parentally placed in elementary and secondary nonpublic schools, not to parental placements of preschool children with disabilities in private day care or preschool programs, or to CSE placements of students with disabilities in approved private schools, special act school districts, state-supported or state-operated schools, or to charter schools. The actual cost for CSE administration, evaluations, and special education services provided to a student with a disability who is a resident of New York State, but a nonresident to the district of location, may be recovered from the student's school district of residence. Because federal regulations require parental consent before any personally identifiable information about the student relating to special education is shared between officials in the public school district of location and officials in the public school district of residence, parental consent to share special education information between the two public school districts is required before billing a district of residence for the cost of special education services provided to the student by the district of location. The school district of location must consult with nonpublic school representatives and representatives of parents of parentally placed nonpublic school students with disabilities enrolled in nonpublic elementary and secondary schools located within the boundaries of the school district. The school district must engage in consultation regarding the Child Find process and services generally; consultation is not specific to individual students. Individual services are determined by the CSE. The consultation process must be timely and meaningful and include discussion of: a)
Child Find;
b)
Provision of Special Education Services; and
c)
Use of Federal Funds.
(Continued)
2022
7611 4 of 4
Students
SUBJECT:
CHILDREN WITH DISABILITIES (Cont'd.)
The school district of location must provide, as appropriate, special education services to an eligible student who legally resides in another state and who is parentally placed in a nonpublic school located in New York State. The services to be provided to out-of-state students must be documented on a services plan that is developed by the CSE of the district of location. The services plan is the written plan that describes the specific special education and related service that the district of location will provide to the student consistent with the services that the school district of location has determined through the consultation process and in relation to the proportionate shares of federal IDEA Part B dollars, to be provided to the student. Tuition Reimbursement Claims for Disabled Nonpublic School Students The parent must comply with the IDEA's pre-hearing notice requirement for tuition reimbursement claims. Specifically, the IDEA directs that at least ten business days before submitting a request for an impartial due process hearing for tuition reimbursement, the parent must give the district written notice of intent to enroll the child in private school at public expense. The purpose of this requirement is to give the public school district's CSE the opportunity to meet and potentially develop a new IEP for the student that addresses the parent's concerns. A parent who does not provide written notice within ten days may have his or her request for reimbursement reduced or denied.
Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 et seq. 20 USC § 9101(23) 21 USC § 812(c) 34 CFR Part 300 Education Law §§ 3004(4), 3004(5), 3208, 3242, 3602-c, 4401-4407 and 4410-6 8 NYCRR §§ 52.21, 57-3, 100.5, 100.9, 177.2, 200.2(b), 200.2(c)(2)(v), 200.4(e)(9) and 200.6(a)(1)
NOTE:
Refer also to Policies #7615 -- Least Restrictive Environment #7650 -- Identification and Register of Children with Disabilities (Child Find)
Adoption Date
2022
7612
Students
SUBJECT:
GROUPING BY SIMILARITY OF NEEDS
The Board will provide appropriate special education and related services to students with disabilities. For those students for whom an appropriate education requires that they be placed together for purposes of special education, the following guidelines will apply: a)
Each student with a disability will be identified, evaluated, and placed as determined by the Committee on Special Education (CSE).
b)
The CSE will determine written goals, including academic and functional goals, for each student with a disability by considering the special and individual needs of each student with a disability. Short-term instructional objectives and/or benchmarks will be created for each preschool student with a disability and for students who take New York State alternate assessments.
c)
The CSE will recommend to the Board appropriate educational programs and services for each student with a disability based upon the CSE evaluation.
d)
The CSE will provide information to those teachers and professionals who arrange instructional groups for students with disabilities. Information will include physical, psychological, and social information as well as achievement test results.
e)
The curriculum and instruction provided to students with disabilities who are grouped by similarity of needs will be consistent with the individual needs of each student in the group.
f)
Students with disabilities may be grouped according to: 1. 2. 3. 4.
Academic achievement, functional performance, and learning characteristics; Social development; Physical development; and Management needs.
g)
When grouping students by similarity of needs, the social needs or physical development of a student will not be the sole determinant for placement of a student in a special education program.
h)
The management needs of these students may vary, provided that environmental modifications, adaptations, or human or material resources required to meet the needs of any one student in the group are provided and do not consistently detract from the opportunities of other students in the group to benefit from instruction.
8 NYCRR §§ 200.1(ww), 200.2(b), 200.4(d) and 200.6(a)(3)
Adoption Date
2022
7614
Students
SUBJECT:
PRESCHOOL SPECIAL EDUCATION PROGRAM
The Board recognizes the need for educational programs for three and four year old children with disabilities and directs that administrative practices and procedures be developed to: a)
Ensure the timely evaluation and placement of each preschool child with a disability residing in the District so the child has the opportunity to participate in preschool programs;
b)
Establish a Committee on Preschool Special Education (CPSE) in accordance with applicable federal and state law and regulation;
c)
Ensure that parents have received and understand the request for consent for evaluation and re-evaluation of a preschool aged child.
Evaluations for Preschool Children with Disabilities The District will collect entry assessment data in the three outcome areas on all preschool children who receive an initial evaluation. As required by Commissioner's regulations, a parent must be fully informed about the proposed initial evaluation and must provide consent for an initial evaluation. This includes a description of the proposed evaluation. The CPSE will receive entry-level assessment results in the three outcome areas from approved preschool evaluators conducting initial evaluations on all preschool children suspected of having disabilities. The CPSE will then meet to determine the child's eligibility for preschool education programs and/or services and complete the Child Outcomes Summary Form to determine the child's entry level of functioning in the three outcome areas for all preschool children evaluated and found to be eligible. The form will be kept in the student's record until the exit assessment information is due as a way to summarize complex assessment information in a format so that the data can be aggregated and reported to the State Education Department. If the committee recommends placing a child in an approved program that also conducted an evaluation of the child, it will indicate in writing that this placement is an appropriate one for the child. In addition, the committee will provide notice to the Commissioner of this recommendation. Individuals with Disabilities Act (IDEA), 20 USC § 1400 et seq. Education Law § 4410 8 NYCRR §§ 200.2(b)(2), 200.2(b)(5) and 200.5
NOTE:
Refer also to Policy #7630 -- Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE)
Adoption Date
2022
7615 1 of 2
Students
SUBJECT:
LEAST RESTRICTIVE ENVIRONMENT
The District has an obligation, in accordance with law and regulation, to educate students with disabilities in the least restrictive environment (LRE). LRE means that placement of students with disabilities in special classes, separate schools or other removal from the regular educational environment occurs only when the nature or severity of the disability is such that even with use of supplementary aids and services, education in regular classes cannot be satisfactorily achieved. Supplementary aids and services refers to aids, services, and other supports that are provided in regular education classes and extracurricular and nonacademic settings to enable children with disabilities to be educated to the maximum extent appropriate. The District will ensure that: a)
Placement is based on the student's individualized education program (IEP) and determined at least annually;
b)
Placement is as close as possible to the student's home, and unless the student's IEP requires some other arrangement, the student will be educated in the school he or she would have attended if not disabled;
c)
In selecting the LRE, consideration will be given to any potential harmful effect on the student or on the quality of services that he or she needs; and
d)
A student with a disability will not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.
The placement of an individual student with a disability in the LRE will: a)
Provide the special education and related services, as well as supplementary aids and services, needed by the student. The term "related services" does not include a medical device that is surgically implanted, the optimization of the device's functioning (e.g., mapping), maintenance of, or the replacement of the device; and
b)
Provide for education of the student to the maximum extent appropriate to the needs of the student with other students who do not have disabilities.
The District will ensure that a continuum of alternative placements, in accordance with law and/or regulation, will be available to meet the needs of students with disabilities. To enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate, specially designed instruction and supplementary services may also be provided in the regular class, including, as appropriate, related services, consultant teacher services, paraprofessional support, resource room services, integrated co-teaching, and special class programs within the general education classroom.
(Continued)
2022 Students
SUBJECT:
LEAST RESTRICTIVE ENVIRONMENT (Cont'd.)
Individuals with Disabilities Education Act (IDEA) 20 USC § 1400 et seq. 34 CFR Part 300 Education Law § § 4401-4410 -a 8 NYCRR §§ 100.5, 100.9, 200.1(cc), 200.1(qq), 200.2(b), 200.4 and 200.6
Adoption Date
7615 2 of 2
2022
7616 1 of 3
Students
SUBJECT:
PREREFERRAL INTERVENTION STRATEGIES
The District will implement school-wide approaches and prereferral interventions in order to remediate a student's performance within the general education setting prior to referral to the Committee on Special Education (CSE) for special education. The determination of prevention and prereferral intervention strategies or services will take into consideration the student's strengths, environment, social history, language, and cultural diversity, in addition to the teacher's concerns. The District may also provide a Response to Intervention (RtI) program to eligible students that is developed in accordance with Commissioner's regulations as part of its school-wide approach to improve a student's academic performance prior to a referral for special education. The provision of programs and/or services for students starts with consideration and implementation of instruction in the general education curriculum, with appropriate supports, or modifications as may be necessary. In implementing prereferral intervention strategies, the District may utilize resources or strategies already in place for qualified students including, but not limited to, services available through Section 504 of the Rehabilitation Act of 1973 and Academic Intervention Services (AIS) as defined in Education Law and/or Commissioner's regulations. The District will ensure that there is a system in place, with qualified, appropriately certified personnel, for developing, implementing, and evaluating prereferral intervention strategies. If a student is identified as needing additional instructional support, the District will establish formal Instructional Support Teams (ISTs) in accordance with law, regulations, and District guidelines, as may be applicable, to review information from the student's work, screenings, and assessments. The IST will include representatives from general and special education as well as other disciplines and include individuals with classroom experience, who may then recommend which type of instructional support the student requires and the frequency with which he or she should receive these services or supports. The building administrator will further ensure that all staff are familiar with intervention procedures and procedures for operating an IST. Parents or persons in parental relation to students will be involved in developing prereferral strategies to address the educational needs of the child. Additionally, the District will seek collaboration between outside agencies and the school prior to a referral of the student to the CSE in order to address necessary student support services. District administration will also ensure that opportunities exist for collaboration between general educators and special educators, and that consultation and support are available to teachers and other school personnel to assist parents or persons in parental relation to students and teachers in exploring alternative approaches for meeting the individual needs of any student prior to formal referral for special education. Prereferral/Intervention Instructional Support Plans will be designed so as to set forth proactive strategies to meet the broad range of individual student needs and to improve student performance. Prereferral/Intervention strategies and/or Instructional Support Plans will be reviewed and evaluated to determine their effectiveness and modified as appropriate. Appropriate documentation of the prevention and/or intervention strategies implemented will be maintained. (Continued)
2022
7616 2 of 3
Students
SUBJECT:
PREREFERRAL INTERVENTION STRATEGIES (Cont'd.)
If a referral is made to the CSE during the course of implementing prereferral/intervention instructional support services, the CSE is obligated to fulfill its duties and functions, and must meet mandatory time lines in evaluating the student for special education services and implementation of an individualized education program (IEP), if applicable. Academic Intervention Services The Board will provide to students at risk of not achieving state standards with AIS. AIS means additional instruction which supplements the instruction provided in the general education curriculum and assists students in meeting those state learning standards as defined in Commissioner's regulations and/or student support services which may include guidance, counseling, attendance, and study skills which are needed to support improved academic performance. The District will identify students to receive AIS through a two-step identification process set forth in Commissioner's regulations. The District will provide AIS to students who are limited English proficient (LEP) and are determined, through uniformly applied District-developed procedures, to be at risk of not achieving state learning standards in English language arts, mathematics, social studies and/or science, through English or the student's native language. The District has developed a description of the AIS offered to grades K through 12 students in need of these services. The description includes any variations in services in schools within the District and specifically sets forth: a)
The District-wide procedure(s) used to determine the need for AIS;
b)
Academic intervention instructional and/or student support services to be provided;
c)
Whether instructional services and/or student support services are offered during the regular school day or during an extended school day or year; and
d)
The criteria for ending services, including, if appropriate, performance levels that students must obtain on District-selected assessments.
The District will review and revise this description every two years based on student performance results. Parental Notification a)
Parents or persons in parental relation to a student who has been determined to need AIS will be notified in writing by the building principal. This notice will be provided in English and translated into the parent's native language or mode of communication, as (Continued)
2022
7616 3 of 3
Students
SUBJECT:
PREREFERRAL INTERVENTION STRATEGIES (Cont'd.)
necessary. The notice will also include a summary of the AIS to be provided to the student, why the student requires these services, and the consequences of not achieving expected performance levels. b)
Parents or persons in parental relation will be notified in writing when AIS is no longer needed. This notice will be provided in English and translated to the parent's native language or mode of communication, as necessary.
Parents will be provided with ongoing opportunities to consult with the student's teachers and other professional staff providing AIS, receive reports on the student's progress, and information on ways to work with their child to improve achievement.
Section 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq. Education Law §§ 3602, 4401, and 4401-a 8 NYCRR §§ 100.1(g), 100.1(p), 100.1(r), 100.1(s), 100.1(t), 100.2(v), 100.2(dd)(4), 100.2(ee), 200.2(b)(7), 200.4(a)(2), 200.4(a)(9); 200.4(c), and Part 154
NOTE:
Refer also to Policy #7212 -- Response to Intervention (RtI) Process
Adoption Date
2022
7620
Students
SUBJECT:
STUDENTS WITH DISABILITIES PARTICIPATING IN DISTRICT PROGRAMS
All students with disabilities residing in the District, including those of preschool age, will be provided with full access and opportunity to participate in District programs, including nonacademic and extracurricular programs and activities, that are available to all other students enrolled in the District. Nonacademic and extracurricular programs and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the District, referrals to agencies that provide assistance to individuals with disabilities and employment of students (both by the District and assistance in making outside employment available). A student who will be awarded a Skills and Achievement Commencement Credential or Occupational Studies Commencement Credential, but has not otherwise qualified for a Regents or local high school diploma, will be provided with the opportunity to participate in the graduation ceremony and all related activities associated with that student’s high school graduating class. A student’s graduating class will be defined as the twelfth-grade class with which a student entered into ninth grade. The student and their parents or guardians shall be provided with annual written notice about these adopted school district procedures in accordance with this rule. Parents or guardians of students with disabilities, including those students placed in out-of-District programs, will receive timely notice of District programs and activities. Community Resources The District may compile a list of appropriate community resources to provide to parents or persons in parental relation of a child with a disability. This list will clearly state that these services are in addition to programs and services provided by the District and will not be paid for by the District. Any member of the District's committees or subcommittees on special education, or the District, who, acting reasonably and in good faith, provides this information will not be liable for this action.
Education Law §§ 4402(1)(b)(3-a) and 4410 (5)(b)(IV) 8 NYCRR §§ 200.2(b)(1) and 200.2(b)(2)
Adoption Date
2022
7621
Students
SUBJECT:
SECTION 504 OF THE REHABILITATION ACT OF 1973
The Board affirms its compliance with those sections of the Rehabilitation Act of 1973 dealing with program accessibility. Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities in federally assisted programs or activities solely on the basis of disability. The District will make its program and facilities accessible to all its students with disabilities. The District will also identify, evaluate, and extend to every qualified student with a disability under Section 504 a free, appropriate public education, including modifications, accommodations, specialized instruction, or related aids and services, as deemed necessary to meet their educational needs as adequately as the needs of non-disabled students are met. The District official responsible for coordination of activities relating to compliance with Section 504 is the Superintendent or designee. The Superintendent or designee will provide information, including complaint procedures, to any person who feels his or her rights under Section 504 have been violated by the District or its officials. Prohibition Against Disability-Based Discrimination in Accelerated Programs The practice of denying, on the basis of disability, a qualified student with a disability the opportunity to participate in an accelerated program violates both Section 504 and Title II, which extends the prohibition on discrimination established in Section 504. The District may not impose or apply eligibility criteria that screens out or tends to screen out a student with a disability from fully and equally enjoying any service, program, or activity, unless the criteria can be shown to be necessary. It is also unlawful to deny a student with a disability admission to an accelerated class or program solely because of his or her need for special education or related aids or services (i.e., related services, supplementary aids and services, program modification and supports for school personnel) or because the student has an Individualized Education Program or Section 504 plan. The District's schools may employ appropriate eligibility requirements or criteria in determining whether to admit students, including students with disabilities, into accelerated classes or programs. However, Section 504 and/or Title II does not require schools to admit into accelerated classes or programs students with disabilities who would not otherwise be qualified for these classes or programs.
Americans with Disabilities Act, 42 USC § 12101 et seq. Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 et seq. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq. 28 CFR Part 35 34 CFR Parts 104 and 300
NOTE:
Refer also to Policy #3420 -- Non-Discrimination and Anti-Harassment in the District
Adoption Date
2022
7630 1 of 3
Students
SUBJECT:
COMMITTEE ON SPECIAL EDUCATION (CSE)/COMMITTEE ON PRESCHOOL SPECIAL EDUCATION (CPSE)
Committee on Special Education (CSE) Membership The Board will appoint a CSE in accordance with relevant law and regulations, whose membership will include, but not be limited to, the following members: a)
The parent(s) or persons in parental relation of the student;
b)
At least one regular education teacher of the student (if the student is, or may be, participating in the regular education environment);
c)
At least one special education teacher of the student, or, if appropriate, at least one special education provider (i.e., related service provider) of the student;
d)
A school psychologist;
e)
A District representative who is qualified to provide or supervise special education and who is knowledgeable about the general education curriculum and the availability of District resources. This individual may also be the same individual appointed as the special education teacher or special education provider of the student or the school psychologist. The District representative will serve as the chairperson of the Committee;
f)
An individual who can interpret the instructional implications of evaluation results, who may also be the CSE member appointed as the regular education teacher, the special education teacher, or special education provider, the school psychologist, the District representative described above, or a person having knowledge or special expertise regarding the student as determined by the District;
g)
A school physician, if specifically requested in writing by the parent or by the District at least 72 hours prior to the meeting;
h)
An additional parent member of a student with a disability residing in the District or a neighboring school district, provided that this parent's child has been declassified less than five years' prior or the child has graduated less than five years' prior, if specifically requested in writing by the parent of the student, the student, or member of the CSE at least 72 hours prior to the meeting;
i)
Other persons having knowledge or special expertise regarding the student as designated by either the parent or District;
j)
The student, if appropriate. (Continued)
2022
7630 2 of 3
Students
SUBJECT:
COMMITTEE ON SPECIAL EDUCATION (CSE)/COMMITTEE ON PRESCHOOL SPECIAL EDUCATION (CPSE) (Cont'd.)
Subcommittee on Special Education Membership The Board may appoint, as necessary, Subcommittees on Special Education to assist in the timely evaluation and placement of students with disabilities in accordance with applicable law and Commissioner's regulations. The Board will determine the number of subcommittees to be appointed upon the recommendation of the CSE. Committee on Preschool Special Education (CPSE) Membership The Board will appoint a CPSE whose membership and purpose varies slightly from the membership of the CSE. The CPSE must include those same individuals as the CSE as set forth within this policy and also include the following members: a)
For a child in transition from early intervention programs and services, at the request of the parent or person in parental relation, the appropriate professional designated by the agency that has been charged with the responsibility for the preschool child; and
b)
A representative of the municipality of the preschool child's residence.
Member Attendance All members of the CSE or CPSE must attend committee meetings except that the parent and District may agree in writing prior to the meeting date that the attendance of a member or members is not necessary or impossible in accordance with applicable Commissioner's regulations and, as a result, may be excused from the meeting. Training The training of qualified personnel is essential to the effective implementation of Commissioner's regulations regarding the education of all students with disabilities. The Executive Director of Student Services Director of Special Education will establish administrative practices and procedures for training all District personnel responsible for carrying out the provisions of Part 200 of the Commissioner's regulations as well as members of the CSE and CPSE. Alternative Means of Meeting When conducting a meeting of the CSE or CPSE, the parent and the representative of the District appointed to the CSE or CPSE may agree to use alternative means of meeting participation, such as videoconferences and conference calls. (Continued)
2022 Students
SUBJECT:
COMMITTEE ON SPECIAL EDUCATION (CSE)/COMMITTEE ON PRESCHOOL SPECIAL EDUCATION (CPSE) (Cont'd.)
Individuals with Disabilities Education Act (IDEA) 20 USC § 1400 et seq. 34 CFR Part 300 and § 300.321 Education Law § 4402, 4410 8 NYCRR §§ 200.2(b)(3), 200.3, and 200.4(d)(4)(i)(d)
NOTE:
Refer also to Policies #7613 -- The Role of the Board in Implementing a Student's Individualized Education Program #7614 -- Preschool Special Education Program
Adoption Date
7630 3 of 3
2022
7640 1 of 5
Students SUBJECT:
STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP): DEVELOPMENT AND PROVISION
Development of Individualized Education Program The Board directs the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) to prepare a written individualized education program (IEP) for each child with a disability. Each student with a disability will have an IEP in effect at the beginning of each school year. The IEP will be developed by the CSE or CPSE upon referral, and reviewed or revised, as appropriate, for every child with a disability at least annually or when the program no longer appears to be appropriate to meet the student's needs. Functional Behavioral Assessments/Behavioral Intervention Plans A functional behavioral assessment (FBA) is an evaluative tool, requiring parental consent, which should be used throughout the process of developing, reviewing, and revising a student's IEP when the student's behavior impedes learning of the child or others. The FBA is the process of determining why a student engages in challenging behavior and how the student's behavior relates to his or her environment. The FBA provides a baseline of the student's problem behaviors with regard to frequency, duration, intensity, and/or latency across activities, settings, people, and times of the day and includes the: a)
Identification of the problem behavior;
b)
Definition of the behavior in concrete terms;
c)
Identification of the contextual factors that contribute to the behavior (including cognitive and affective factors); and
d)
Formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it.
The FBA must, as appropriate, be based on multiple sources of data such as structured interviews, behavior ratings scales, standardized assessments, and checklists. To this end, the FBA cannot be based solely on the student's history of presenting problem behavior. In the case of a student whose behavior impedes his or her learning or that of others, the CSE or CPSE will consider strategies, including positive behavioral interventions and supports, to address that behavior. The need for a behavioral intervention plan (BIP) will be documented on the IEP which will be reviewed at least annually by the CSE or CPSE. In addition, regular progress monitoring of the frequency, duration, and intensity of the behavioral interventions will be conducted at scheduled intervals and documented and reported to the parent(s) and CSE or CPSE. (Continued)
2022
7640 2 of 5
Students
SUBJECT:
STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP): DEVELOPMENT AND PROVISION (Cont'd.)
Individual Evaluations Parental consent must be provided for an initial evaluation. If this consent is not received within 30 calendar days of receipt of the referral, the CSE or CPSE Chairperson will document all attempts made to obtain consent. Unless a referral is withdrawn, an individual evaluation at no cost to the parent will be completed by the CSE or CPSE within 60 calendar days after written parental consent has been obtained or a parental refusal to consent is overridden, unless: a)
An extension is mutually agreed to by the parent and the CSE or CPSE for transfer students or students suspected of having learning disabilities; or
b)
The parent or student repeatedly fails or refuses to produce the student for evaluation.
No student will be required to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving an evaluation. The individual evaluation will include a variety of assessment tools and strategies, including information provided by the parent. The purpose of the evaluation is to gather relevant functional, developmental, and academic information that may assist in determining whether the student is a student with a disability and the content of the student's IEP. As part of any evaluation, a group that includes the CSE or CPSE and other qualified professionals, as appropriate, will review existing evaluation data on the student including evaluations and information provided by the parents of the student, current classroom-based assessments, local or state assessments, classroom-based observations, and observations by teachers and related services providers. In addition, the group will consider information about the student's physical condition, social or cultural background, and adaptive behavior. On the basis of that review, and input from the student's parents, the group will identify what additional data, if any, are needed to determine a variety of factors including, if the student has or continues to have a disability, present levels of academic achievement and developmental needs of the student. The District must notify the parents if additional data is not needed, and the reasons for that determination as well as their right to request an assessment to determine whether, the student continues to be a student with a disability. The District is not required to conduct the assessment unless requested to do so by the student's parents.
(Continued)
2022
7640 3 of 5
Students
SUBJECT:
STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP): DEVELOPMENT AND PROVISION (Cont'd.)
The determination that a student has a learning disability will be made in accordance with the procedures outlined in Commissioner's regulations. Individual Re-evaluations The CSE or CPSE will arrange for an appropriate re-evaluation of each student with a disability: a)
If the District determines that the educational or related services needs, including improved academic achievement and functional performance of the student warrant re-evaluation;
b)
If the student's parent or teacher request a re-evaluation;
c)
At least once every three years, unless the District and the parent or person in parental relation agree in writing that the re-evaluation is unnecessary.
A re-evaluation will not be conducted more frequently than once a year unless the parent and the District representative appointed to the CSE or CPSE agree otherwise. The re-evaluation will be conducted by a multi-disciplinary team or group of persons, including at least one teacher or other specialist with knowledge in the area of the student's disability. The reevaluation will be sufficient to determine the student's individual needs, educational progress and achievement, the student's ability to participate in instructional programs in regular education and the student's continuing eligibility for special education. The results of any re-evaluations must be addressed by the CSE/CPSE in reviewing, and as appropriate, revising the student's IEP. To the extent possible, the District will encourage the consolidation of re-evaluation meetings for the student and other CSE or CPSE meetings for the student. Amendments to the IEP Amendments to the IEP made after the annual review by the CSE or CPSE may be made by reconvening the CSE or CPSE and rewriting the IEP or by developing a written document to amend or modify the student's current IEP, provided that there is a request for, and agreement to, the amendment by the parent(s) and the District provides the parent(s) a written proposal to amend the IEP conveyed in language understandable to the parent(s) in their native language or other dominant mode of communication, informs and allows the parent(s) the opportunity to consult with the appropriate personnel or related service providers concerning the proposed changes, and the parent(s) agree in writing to the amendments.
(Continued)
2022
7640 4 of 5
Students
SUBJECT:
STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP): DEVELOPMENT AND PROVISION (Cont'd.)
If the parent(s) agree to amend the IEP without a meeting, they must be provided prior written notice of the changes to the IEP and the CSE or CPSE must be notified of the changes. If the changes are made by rewriting the entire IEP, the District will provide the parents or persons in parental relation a copy of the rewritten IEP. If the amendment is made without rewriting the entire document, the District will provide a copy of the document that amends the IEP or, upon request, a revised copy of the entire IEP with the amendments incorporated. Use of Recording Equipment at IEP Meetings The Board will allow recording equipment to be used at meetings regarding IEPs for students with disabilities. Provision of Individualized Education Program The Superintendent or designee(s) will establish administrative practices and procedures to ensure that each regular education teacher, special education teacher, related service provider, and/or other service provider who is responsible for the implementation of a student's IEP is provided with either a paper copy of the IEP or is able to access a student's IEP electronically (including amendments to the IEP) prior to the implementation of the program. The individuals responsible for implementing a student's IEP will be notified and trained on how to access the IEP electronically. For purposes of this policy, "other service provider" means a representative of another public school district, charter school, Board of Cooperative Educational Services (BOCES), or school where the student receives or will receive IEP services. Further, the District will designate at least one school official who will be responsible for maintaining a record of the personnel who have received IEP copies for each student. Any copy of a student's IEP will remain confidential in accordance with the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, and District policy regarding confidentiality of student records, and will not be disclosed to any other person other than the parent of the student, except in accordance with federal and state laws and/or regulations. Appropriate training and information will be provided to designated school personnel, as applicable, to ensure the confidentiality of this information. Procedures will be established to ensure that copies of students' IEPs are stored in secure locations and retrieved or destroyed when those professionals are no longer responsible for implementing a student's IEP. The Chairperson of the CSE, CSE subcommittee, or CPSE will designate for each student one or, as appropriate, more than one professional employee of the District with knowledge of the student's disability and education program who will be responsible to, prior to the implementation of the IEP, inform each teacher, provider, or school personnel of his or her responsibility to implement the recommendations on a student's IEP. Relevant school personnel will have ongoing access to a copy of the student's IEP. (Continued)
2022
7640 5 of 5
Students
SUBJECT:
STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP): DEVELOPMENT AND PROVISION (Cont'd.)
A copy of a student's IEP will be provided to the student's parents at no cost to the parent(s).
Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 et seq. 21 USC § 812(c) Education Law Articles 81, 85 and 89 and §§ 207, 3208 and 4402(7) 8 NYCRR §§ 200.1(hh), 200.2(b)(10), 200.4(b)(4), 200.4(d)(3)(i), 200.4(e)(3), 200.4(f), 200.4(j), 200.16(e)(6) and 200.22
NOTE:
Refer also to Policy #7618 -- Use of Time Out Rooms
Adoption Date
2022
7642
Students
SUBJECT:
EXTENDED SCHOOL YEAR SERVICES AND/OR PROGRAMS
The District will provide, directly or by contract, special services, or programs during July and August (i.e., extended school year) to those students who require a structured learning environment for 12 months in order to prevent substantial regression as determined by the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE). Substantial regression would be indicated by a student's inability to maintain developmental levels due to a loss of skill, set of skill competencies, or knowledge during the months of July and August. Students, including preschool students, must be considered for 12-month special services and/or programs to prevent substantial regression in accordance with Commissioner's regulations. For students eligible for 12-month services and/or programs, the student's Individualized Education Program (IEP) will indicate the identity of the service provider during July and August, and, for preschool students determined by the CPSE to require a 12-month structured learning environment to prevent substantial regression. The IEP will also include a statement of the reasons for that recommendation, the projected date of the review of the student's need for these services, and the recommended placement. Twelve Month Educational Program The District will provide, directly or by contract, special education services and programs during July and August to those students who the CSE/CPSE has determined required those services for a 12month duration in order to prevent substantial regression.
Any District plan to operate a July/August program must be approved by the State Education Department in accordance with applicable laws, regulations, procedures, and/or guidelines.
Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 et seq. Education Law § 4408 8 NYCRR Part 110 and §§ 200.1(qq), 200.4(d)(2)(x), 200.5(b)(1)(iii), 200.6(j), and 200.16(i)(3)(v)
Adoption Date
2022
7670 1 of 2
Students
SUBJECT:
SELECTION AND BOARD APPOINTMENT OF IMPARTIAL HEARING OFFICERS
Due Process Complaints The District is committed to making every effort to amicably resolve disputes regarding educational programs for students with disabilities. In the event these disputes cannot otherwise be resolved, either a parent or the District may file a due process complaint challenging the identification, evaluation, or educational placement of a student with a disability, or a student suspected of having a disability, or the provision of a free appropriate public education to the student. The complainant may not have an impartial due process hearing until the complainant, or the attorney representing the complainant, files a due process complaint notice that meets the requirements set forth in law for the notice. All due process hearings will be conducted in a manner consistent with the timelines and procedures set forth in law and regulation. Except as otherwise provided by law, all requests for impartial due process hearings must be submitted within two years of the date the parent or the District knew or should have known about the alleged action forming the basis of the complaint. Upon receipt or filing of the due process complaint notice, the District will provide the most current version of the procedural safeguards notice to the parents. The District will also inform parents in writing of the availability of mediation and any free or low-cost legal and other relevant services available in the area. An impartial due process hearing will be conducted at a time and location reasonable and convenient to the parent and student involved and may be held by videoconference. The hearing will be closed to the public unless the parent requests otherwise. A student whose education is the subject of a due process complaint will remain in his or her current placement during the pendency of the impartial due process hearing unless both parties agree or as otherwise permitted by law. Resolution Process Prior to the opportunity for an impartial due process hearing, the District will convene a meeting with the parents and the relevant member or members of the Committee on Special Education or Committee on Preschool Special Education who have specific knowledge of the facts identified in the complaint. This meeting will provide the parents with an opportunity to discuss their complaint and the facts that form the basis of the complaint, and an opportunity to resolve the complaint with the District. The District will take steps to ensure that one or both of the parents of the student with a disability are present at the resolution meeting, and will notify parents of the meeting early enough to ensure that they have the opportunity to attend. The resolution meeting will be at a mutually agreed upon time and place, and in a location that is accessible to the parents. The District will ensure that all resolution meetings conform to the requirements set forth in the Commissioner's regulations.
(Continued)
2022
7670 2 of 2
Students
SUBJECT:
SELECTION AND BOARD APPOINTMENT OF IMPARTIAL HEARING OFFICERS (Cont'd.)
The parents and the District may agree, in writing, however, to waive the resolution process or agree to use the mediation process to resolve the dispute. Selection and Board Appointment of Impartial Hearing Officers In the event a due process complaint notice is properly filed, the Board’s designee will arrange for an impartial due process hearing to be conducted. In these instances, the Board’s designee will immediately, but not later than two business days after receipt of the due process complaint notice or mailing of the due process complaint notice to the parent, initiate the process to select an Impartial Hearing Officer (IHO) through a rotational selection process. To expedite this process, the Board may appoint a designee designate one or more of its members to appoint the IHO on its behalf. The District will utilize the New York State Education Department's (SED) Impartial Hearing Reporting System to access the alphabetical list of the names of each IHO certified in New York State and available to serve in the District. The appointment of an IHO will be made only from this list and in accordance with the alphabetical rotation selection process and the timelines and procedures established by the Commissioner of Education. The District will record and report required information relating to the selection of IHOs and the conduct of impartial due process hearings according to the manner and schedule specified by SED. The District will be responsible for compensating the IHO for prehearing, hearing, and posthearing activities at the rate agreed upon at the time of the IHO's appointment. The District will also reimburse the IHO for certain travel and other hearing-related expenses in accordance with an annually determined schedule.
Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 et seq. 34 CFR Part 300 Education Law §§ 4005, 4202, 4404(1), and 4410(7) 8 NYCRR §§ 200.2 and 200.5
NOTE:
Refer also to Policies #7313 -- Suspension of Students #7660 -- Parent Involvement for Children with Disabilities #7690 -- Special Education Mediation
Adoption Date
2022
8130 1 of 3
Instruction
SUBJECT:
EQUAL EDUCATIONAL OPPORTUNITIES
Overview The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses the provision of equal educational opportunities to students. It is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment. Consistent with this commitment and in accordance with law and regulation, the District provides equal opportunity for students and does not discriminate against any student enrolled in (or any candidate for admission to) its programs and activities on the basis of any legally protected class or category including, but not limited to: race; color; religion; disability; national origin; sexual orientation; gender identity or expression; military status; sex; age; marital status; pregnancy; parental status; weight; ethnic group; or religious practice. Further, the District provides equal access to its facilities to any group officially affiliated with the Boy Scouts of America or any other youth group listed in Title 36 (as a patriotic society). The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of discrimination. The District will promptly respond to reports of discrimination, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted. Inquiries about this policy may be directed to the District's Civil Rights Compliance Officer(s) (CRCO(s)). Educational Services for Married/Pregnant Students The opportunity to participate in all of the programs and activities of the District will not be restricted or denied because of pregnancy, parenthood, or marriage. Pregnant students will be encouraged to remain and participate in District programs. The forms of instruction provided to these students may include any or all of the following: a)
Remain in school with provisions for special instruction, scheduling, and counseling as needed;
b)
Receive home instruction;
c)
Attend BOCES programs.
The Superintendent or designee, in consultation with student services staff, the school physician, and the student's personal physician, may make program modifications which are feasible and necessary to accommodate the special needs of these students. (Continued)
2022
8130 2 of 3
Instruction
SUBJECT:
EQUAL EDUCATIONAL OPPORTUNITIES (Cont'd.)
Reporting Allegations of Discrimination In order for the District to enforce this policy, and to take corrective action as warranted, it is essential that students who believe that they have been a victim of discrimination, as well as any other person who has knowledge of or witnesses any possible discrimination, immediately report the alleged conduct or incident. Reports of discrimination may be made orally or in writing to any District employee including, but not limited to, a teacher, building principal, or CRCO. All District employees who witness or receive an oral or written report of discrimination must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO. Additionally, District employees must comply with reporting requirements in any other applicable District policy or document. Applicable policies or documents may include: Policy #3420 -- NonDiscrimination and Anti-Harassment in the District; Policy #3421 -- Title IX and Sex Discrimination; Policy #7550 -- Dignity for All Students; and the District's Code of Conduct. Grievance Process for Complaints of Discrimination The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of discrimination and will promptly take appropriate action to protect students from further discrimination. Various District policies and documents address discrimination. These policies and documents may include: Policy #3420 -- Non-Discrimination and Anti-Harassment in the District; Policy #3421 -Title IX and Sex Discrimination; Policy #7550 -- Dignity for All Students; and the District's Code of Conduct. All complaints will be handled in accordance with the applicable District policies and/or documents. The determination as to which District policies and/or documents are applicable is fact specific, and the CRCO may work with other District staff such as the District's Title IX Coordinator(s) and/or Dignity Act Coordinator(s) (DAC(s)) to determine which District policies and/or documents are applicable to the specific facts of the complaint. If an investigation reveals that discrimination has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable law and regulation, as well as any applicable District policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District's Code of Conduct. (Continued)
2022
8130 3 of 3
Instruction
SUBJECT:
EQUAL EDUCATIONAL OPPORTUNITIES (Cont'd.)
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection) The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of discrimination. Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO. Where appropriate, follow-up inquiries will be made to ensure that the discrimination has not resumed and that those involved in the investigation have not suffered retaliation. Age Discrimination Act of 1975, 42 USC § 6101 et seq. Americans with Disabilities Act (ADA), 42 USC § 12101 et seq. Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq. Section 504 of the Rehabilitation Act of 1973, 29 USC § 790 et seq. Title IV of the Civil Rights Act of 1964, 42 USC § 2000c et seq. Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq. Title IX of the Education Amendments Act of 1972, 20 USC § 1681 et seq. 28 CFR Part 35 34 CFR Parts 100, 104, 106, 110, and 270 45 CFR Part 86 Civil Rights Law §§ 40, 40-c, and 47-b Education Law § § 10-18 , 313, 2801, 3201, and 3201-a New York State Human Rights Law, Executive Law § 290 et seq. 8 NYCRR § 100.2 9 NYCRR § 466 et seq.
NOTE:
Refer also to Policies #3281 -- Use of Facilities by the Boy Scouts of America and Patriotic Youth Groups #3410 -- Code of Conduct #3420 -- Non-Discrimination and Anti-Harassment in the District #3421 -- Title IX and Sex Discrimination #7550 -- Dignity for All Students #7551 -- Sexual Harassment of Students District Code of Conduct
Adoption Date
2022
8350
Instruction
SUBJECT:
USE OF COPYRIGHTED MATERIALS
It is the intent of the Board to abide by the provisions of the United States Copyright Law. All employees and students are prohibited from copying materials not specifically allowed by the copyright law, fair use guidelines, licenses or contractual agreements, or the permission of the copyright proprietor. A copyright officer may be appointed by the Superintendent to provide information for all personnel regarding current copyright law and to maintain copyright records. The copyright officer will also serve as the designated agent registered with the U.S. Copyright Office to expeditiously respond to any notices of claimed copyright infringement. Any person who willfully disregards the copyright policy will be in violation of Federal Copyright Laws and District policy and will assume all liability. Appropriate copyright notices will be placed on or near all equipment used for duplication.
Digital Millennium Copyright Act (DMCA), 17 USC §§ 101 et seq., 512 and 1201 et seq. 37 CFR Part 201
Adoption Date
2022
8440 1 of 2
Instruction SUBJECT:
HOME INSTRUCTION HOME SCHOOLING
The District will attempt to cooperate with parents who wish to provide home schooling instruction for their children. A child who is educated at home should receive an education in a manner consistent with an educational plan and at least substantially equivalent to that given to students of like age and attainments in the local public schools. The required subjects should be taught in a competent, systematic, and sequential manner, specifically in relation to the required courses set forth in Commissioner's regulation Section 100.10. Primary responsibility for determining compliance with Commissioner's regulations addressing home schooling instruction rests with the Superintendent. Provision of Services to Home Schooled Instructed Students Home school instructed students are not awarded a high school diploma. A high school diploma may only be awarded to a student enrolled in a registered secondary school who has completed all program requirements set by the Board of Regents or the District. a)
Extracurricular Participation Students home schooled instructed at home are not eligible to participate in interscholastic or intramural sports. Commissioner's regulations mandate that only students enrolled in the public school are allowed to participate in interscholastic or intramural sports. Further, the District does not permit home schooled-instructed students to participate in any extracurricular activities.
b)
Textbooks and Materials The District will not provide textbooks and other materials to home schooled -instructed students.
c)
Health Services The District is not required to furnish health services.
d)
Remedial Programs The District is not responsible for providing remedial programs.
e)
Career and Technical/Gifted Education The District is not authorized to provide Career and Technical (Occupational) or gifted educational programs to home schooled -instructed students.
(Continued)
2022
8440 2 of 2
Instruction
f)
HOME INSTRUCTION HOME SCHOOLING (Cont'd.)
Special Education Services Solely for the purpose of Education Law Section 3602-c, home schooled -instructed students with disabilities are deemed to be students enrolled in and attending a nonpublic school, which enables them to receive special education services, as well as to be included for computation of state aid for the education by the District. The Committee on Special Education will develop an Individualized Education Services Program (IESP) for the student. The IESP will be developed in the same manner and with the same content as an individualized education program. The Board will determine a location where special education services will be provided to a home-instructed student. This location may, but is not required to be, in the student's home.
g)
Use of School Facilities Students home schooled instructed at home will not be allowed to use school facilities, except as provided for community organizations in Policy #3280 -- Use of School Facilities, Materials, and Equipment.
Education Law §§ 3204, 3205, 3210(2), 3212(2), 3240-42, 3602-c, 3602-c(2-c), and 4402 8 NYCRR §§ 100.10, 135.4(c)(7)(ii)(b)(2) and 200.2(a)
Adoption Date
2022
8460
Instruction
SUBJECT:
FIELD TRIPS
The Board recognizes that field trips are an educationally sound and important ingredient in the instructional program of the schools. A field trip means any journey by a group of students away from the school premises, under the supervision of a teacher, which is an integral part of an approved course of study and conducted for the purpose of affording a first-hand educational experience not available in the classroom. Field trips are a part of the curriculum of the schools, and student conduct and attendance on field trips are governed by the same rules as regular classroom activities. The District must obtain written parental or guardian permission for students going on school-sponsored field trips. The Superintendent will prepare procedures for the operation of a field trip activity. Field trip support will be determined annually by the Board during its budget deliberations. Regardless of the fiscal support for field trips, the rules of the District for approval and conduct of these trips will apply. The Superintendent or designee may cancel previously approved field trips due to extenuating circumstances. All trips for students must comply with Regulation 4122 -- Out of Country Trips and Regulation 5344 -- Guidelines for School Sponsored Trips. NOTE:
Refer also to Policies #3410 -- Code of Conduct #5720 -- Transportation of Students District Code of Conduct
Adoption Date