5000
STUDENT POLICIES GOALS
The Board recognizes the individual worth of each student and that they are the focal point of all
district operations. The Board and staff accept the responsibility of helping each student to develop
his/her capacity for intellectual, physical, emotional, and social growth. The Board acknowledges that a
student’s growth is influenced by his/her environment, both at home and in school. Therefore, the
School District shall strive to create an environment in which the student may learn to live and adapt
successfully in an ever-changing world, in order to become a responsible and productive member of
society. Consequently, the Board of Education will spend much of its time in study, deliberation, and
policy formulation on matters directly related to students.
The Board and staff shall work together to achieve the following goals:
1.
2.
3.
4.
5.
to tailor the learning program to each student's capabilities, learning styles, interests, and
aspirations;
to protect and observe the legal rights of students;
to enhance the self-image of each student by helping him/her feel respected and worthy through a
learning environment that provides positive encouragement through frequent success in attaining
challenging goals.
to provide an environment in which students can learn personal and civic responsibility for their
actions through meaningful experiences as school citizens; and
to promote faithful attendance and good work.
Adoption date: January 7, 2002
Revision adopted: November 16, 2009
5020
EQUAL EDUCATIONAL OPPORTUNITIES
The Board of Education mandates that every student shall be provided with equal educational
opportunities regardless of race, color, creed, sex, national origin, religion, age, economic status, marital
status, or disability.
An educational environment will be fostered that provides equal educational opportunity for all
students. Educational programs and services will be designed to meet the needs of all students and shall
not discriminate based upon any of the above-mentioned factors. No student will be excluded on such
basis from participating in or having access to any course offerings, student athletics, counseling
services, employment assistance, extracurricular activities or other school resources.
Cross-ref:
Ref:
0100, Equal Opportunity
5200, Cocurricular and Extracurricular Program
Americans with Disabilities Act of 1990, 42 U.S.C. §§12131-12134
Civil Rights Act of 1964, as amended in 1972, Title VI, Title VII
Executive Order 11246, 1965, amended by Executive Order 11375
Educational Amendments of 1972, Title IX; 45 CFR, Parts 81, 86
Education for all Handicapped Children Act (P.L. 94-142)
Vocational Rehabilitation Act of 1973, §504
Brown v. Board of Education, 347 U.S. 483 (1954)
Adoption date: January 7, 2002
Revision adopted: January 11, 2010
5020.3
RIGHTS OF STUDENTS WITH DISABILITIES UNDER SECTION 504
The Board of Education shall ensure that no student is discriminated against in programs or
activities receiving federal financial assistance. Individuals protected by Section 504 of the
Rehabilitation Act of 1973 are those individuals who: have a physical or mental impairment which
substantially limits one or more major life activities (e.g. caring for one's self, performing manual tasks,
walking, standing, lifting, bending, seeing, hearing, speaking, breathing, learning, reading, concentrating,
thinking, communicating and working); have a record of such impairment; or are regarded as having
such an impairment. Students who qualify for protection under Section 504 are: of an age during which
non-disabled children are provided preschool, elementary or secondary education services; of an age
during which it is mandatory under state law to provide such educational services to disabled children; or
to whom a state is required to provide a free appropriate public education (e.g. under IDEA).
The Board directs the administration to identify, evaluate, refer, place, provide adaptations for
and review all eligible students with disabilities. A student whose disability is
episodic or in remission is still eligible to be qualified under the Act. In addition, the determination that
a student has an impairment that substantially limits a major life activity will
be made without regard to whether mitigating measures (such as medication, devices, prosthetics,
hearing aids, etc.) ameliorate the effects of the disability.
Students with disabilities pursuant to Section 504 shall be provided a free appropriate public
education which may include, but is not limited to, providing a structured learning environment;
repeating and simplifying instructions about in-class and homework assignments; supplementing verbal
instructions with visual instructions; using behavioral management techniques; adjusting class schedules;
modifying test delivery; using tape recorders, computer-aided instruction, and/or other audiovisual
equipment; selecting modified textbooks or workbooks and tailoring homework assignments or
modification of nonacademic times such as lunchroom, recess and physical education.
The Board directs the Superintendent to provide the staff appropriate training in this area of the
law so as to ensure that the district is able to comply with the law in not discriminating against students
with disabilities.
The Board shall adopt a grievance procedure to resolve Section 504 complaints and designate an
individual to coordinate compliance with Section 504. The Board shall ensure that students with
disabilities and their parents are notified annually of the Board's responsibilities under Section 504.
Cross-ref:
0100, Equal Opportunity
4321, Programs for Students with Disabilities
5030, Student Complaints and Grievances
5420, Student Health Services
5020.3
Ref:
Americans with Disabilities Act Amendment Act of 2008, 42 USC §§12101 et seq,
Rehabilitation Act of 1973, 29 USC §§705, 794 et seq. (Section 504)
34 CFR Part 104
Individuals with Disabilities Education Act, 20 USC §§1400 et seq.
(IDEA)
Education Law, §§4401 et seq. (Article 89)
8 NYCRR Part 200
Adoption date: January 11, 2010
5030
STUDENT COMPLAINTS AND GRIEVANCES
The Board of Education believes it is necessary that students be made aware of the behavior that
is expected of them, as outlined in district policies on school conduct and discipline. They shall also be
given an opportunity to be heard on complaints and grievances they may have.
A student filing a complaint or grievance alleging that there is an action affecting them which is
prohibited by Title IX and/or Section 504 of the Rehabilitation Act or the Americans with Disabilities
Act shall be provided with information regarding the prompt and equitable resolution of the complaint or
grievance. Furthermore, a student shall have the right to present complaints and grievances in
accordance with the procedure free from coercion, interference, restraint, discrimination or reprisal.
Building Principals are responsible for ensuring that due process and appeal procedures are
incorporated into discipline codes, explained to all students, and provided to all parents on an annual
basis.
Annual Notification
At the beginning of each school year, the district shall publish a notice of the established
grievance procedures for resolving complaints of discrimination due to sex and/or disability to
parents/guardians, employees, eligible students and the community. The public notice shall:
1.
2.
3.
inform parents, employees, students and the community that all education programs are offered
without regard to sex, race, color, national origin or disability;
provide the name, address and telephone number of the person designated to coordinate activities
concerning discrimination due to sex and/or disability;
be included in announcements, bulletins, catalogues, and applications made available by the
district.
The Board delegates the Superintendent of Schools to establish regulations, procedures and
guidelines for presenting problems or appealing decisions which affect individual students, in accordance
with applicable statutory requirements, and for the resolution of complaints or grievances which may
affect the student body.
Cross-ref:
Ref:
0100, Equal Opportunity
5300, Code of Conduct
Americans with Disabilities Act, 42 U.S.C. §12133
Title IX, Education Amendments of 1972, 20 U.S.C. Chapter 38; 34 CFR Part 106; 45 CFR Part
86
Rehabilitation Act of 1973, §504, 29 U.S.C. §794; 34 CFR §104
Education Law §3214
Adoption date: January 7, 2002
Revision adopted: January 11, 2010
5030-R
STUDENT COMPLAINTS AND GRIEVANCES REGULATION
Definitions
1.
2.
3.
4.
Grievant shall mean a student who alleges that there has been a violation of Title IX or Section
504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA) statute or
regulations which affect him/her.
Grievance shall mean any alleged violation of Title IX, Section 504 or the ADA statute or
regulations.
Compliance Officer shall mean the employee designated by the Board of Education to coordinate
efforts to comply with and carry out responsibilities under Title IX, Section 504 or the ADA.
Representative shall mean any person designated by the grievant as his/her counsel or to act in
his/her behalf.
Individual complaints and grievances shall be handled in accordance with the following
guidelines:
1.
2.
3.
4.
For informal conciliation, students should confer with the appropriate teacher or school
personnel to achieve prompt resolution. Students may appeal to the highest authority in the
school building, i.e., the Building Principal, who has the final determination on all such matters.
For resolution of matters where appeal procedures are prescribed by statute, e.g., student
suspensions, the prescribed course of action will be followed.
On issues affecting the student body, students may address the student government in order to
resolve such matters. Students may be afforded a conference with the Principal in accordance
with the rules and procedures established by the student government.
The resolution of student complaints alleging any action prohibited by Title IX, Section 504 or
the ADA shall be dealt with in the following manner:
Stages
A.
Stage I - Compliance Officer
1.
2.
3.
Within 30 days after the events giving rise to the grievance, the grievant shall file a
grievance in writing with the Compliance Officer. The Compliance Officer may
informally discuss the grievance with the grievant. He/She shall promptly investigate
the complaint. All employees of the school district shall cooperate with the Compliance
Officer in such investigation.
Within 15 days of the receipt of the grievance, the Compliance Officer shall make a
finding in writing that there has or has not been a violation of Title IX, Section 504 of
the Rehabilitation Act or the ADA. In the event the Compliance Officer finds that there
has been a violation, he/she shall propose a resolution of the complaint.
If the grievant is not satisfied with the finding of the Compliance Officer, or with the
proposed resolution of the grievance, the grievant may, within 15 days after he/she has
received the report of the Compliance Officer, file a written request for review by the
Superintendent.
5030-R
B.
Stage II - Superintendent of Schools
1.
2.
3.
4.
C.
The Superintendent may request that the grievant, the Compliance Officer, or any
member of the school district staff present a written statement to him/her setting forth
any information that such person has relative to the grievance and the facts surrounding
it.
The Superintendent shall notify all parties concerned as to the time and place when an
informal hearing will be held where such parties may appear and present oral and written
statements supplementing their position in the case. Such hearing shall be held within 15
school days of the receipt of the appeal by the Superintendent.
Within 15 days of the hearing, the Superintendent shall render his/her determination in
writing. Such determination shall include a finding that there has or has not been a
violation of Title IX, Section 504 of the Rehabilitation Act or the ADA, and a proposal
for equitably resolving the complaint.
If the grievant is not satisfied with the determination of the Superintendent, the grievant
may, within 15 days after its receipt, file with the Clerk of the Board of Education, a
written request for review by the Board.
Stage III - Board of Education
1.
2.
3.
When a request for review by the Board has been made, the Superintendent shall submit
all written statements and other materials concerning the case to the President of the
Board.
The Board shall notify all parties concerned of the time and place when a hearing will be
held. Such hearing will be held within 15 school days of the receipt of the request of the
grievant. All parties concerned shall have the right to present further statements and
testimony at such hearing.
The Board shall render a decision in writing within 15 days after the hearing has been
concluded.
Distribution of the Grievance Procedure
A copy of the procedure shall be distributed to all employees and to all students or their
parents/guardians. A copy of this procedure shall be available for public inspection at reasonable times
with the District Clerk or at the office of the Compliance Officer.
Adoption date: January 7, 2002
Revision adopted: January 11, 2010
5100
COMPREHENSIVE ATTENDANCE POLICY
Philosophy Statement
The Board of Education recognizes that regular school attendance is a major component of
academic success. To maintain academic standards, encourage academic progress and ensure student
participation in the school experience the Board of Education of Westhampton Beach in concert with
section 104.1 of the Commissioner Regulations establishes this attendance policy for the district’s
schools. Through implementation of this policy the board expects to reduce unexcused absences,
tardiness and early departure (referred to in this policy as “ATED’s”) encourage full attendance by all
students, maintain adequate attendance records and develop effective intervention strategies to improve
student attendance.
Notice
To be successful in this endeavor, it is imperative that all members of the school community are
aware of this policy, its purpose, procedures and the consequences of non-compliance. To ensure that
students, parents, teachers and administrators are notified of and understand this policy; the following
procedures shall be implemented.
•
•
•
•
•
•
•
•
•
The attendance policy will be included in student handbooks and will be reviewed with students
at the start of the school year.
Parents will receive a plain language summary of this policy by mail at the start of the school
year. Parents will be asked to sign and return a statement indicating that they have read,
understood and agree to comply with the policy.
When a student is absent, tardy, or leaves early from class or school without excuse, designated
staff member(s) will make an appropriate contact with the student’s parent(s), remind them of the
attendance policy, and review ATED intervention procedures with them.
Parents will be encouraged to regularly review their children’s attendance history and will be
reminded that this information will be available electronically.
District and school publications will include periodic reminders of the components of this policy.
The district will provide a copy of the attendance policy and any amendments thereto to faculty
and staff. New staff will receive a copy upon their employment.
All faculty and staff will meet at the beginning of each school year to review the attendance
policy to clarify individual roles in its implementation.
The attendance policy will be posted on the District website.
Copies of this policy will also be made available to any community member upon request.
5100
Excused and Unexcused ATED’s
Excused ATED's are defined as absences, tardiness, and early departures from class or school
due to personal illness, illness or death in the family, impassable roads or weather, religious observance,
quarantine, required court appearances, attendance at health clinics, pre-approved college visits,
cooperative work programs, military obligations, school authorized situations (field trips, testing, music
lessons, counseling, athletic events), or such other reasons as may be approved by the Board of
Education. Students whose parent or legal guardian has been called for military deployment, is on leave
from, or is returning from a combat zone or combat support, may be excused for an additional five days,
but work must be made up according to the rules applicable to other excused absences. Parents must
notify the building principal no less than three days before the intended absences, and each request will
be approved on a case by case basis.
All other ATEDs are considered unexcused ATED’s.
All ATED's must be accounted for. It is the parent’s responsibility to notify the school office the
morning of the ATED and to provide a written excuse within 3 school days upon the student’s return
(except school authorized situations. See above). ATEDs for which a written excuse is not received shall
be considered unexcused. All written excuses are subject to verification.
In a circumstance where it cannot be determined whether an ATED is excused or unexcused, the
building principal has the authority to determine the proper ATED classification.
General Procedures/Data Collection
•
•
•
•
•
•
•
•
At grade levels 6-12 attendance will be taken during each class period.
At the elementary level (K-5) pupils attendance shall be recorded after the taking of attendance
once per school day.
At the conclusion of each class period (grade 6-12) or school day (K-5) all attendance information
shall be compiled and provided to the designated staff member(s) responsible for attendance.
The nature of an ATED shall be coded on the student’s record.
Student ATED data shall be available to and should be reviewed by designated school personnel
in an expeditious manner.
Where additional information is received that requires corrections to be made to a student’s
attendance records, such correction will be made immediately. Notice of such a change will be
sent to appropriate school personnel subject to applicable confidentiality rules.
Parents will be notified of student ATEDs in writing using school report cards, progress reports
and/or attendance letters.
Continuous monitoring will be conducted to identify students who are absent, tardy, or leave class
or school early.
Attendance Incentives
The staff of each school in the district shall design and implement an age-appropriate system
which acknowledges student’s efforts to maintain or improve school attendance.
5100
Disciplinary Consequences
Unexcused ATEDs will result in disciplinary sanctions that are age appropriate. Disciplinary
sanctions will be building specific. These penalties shall be specified in the districts Code of Conduct. In
addition, designated staff members will contact the student’s parents and the student’s counselor. Such
staff member(s) shall remind parents of the state attendance regulations, district attendance policy,
ramifications of excused and unexcused ATEDs and discuss appropriate interventions to improve
attendance.
Attendance/Grade Policy
The Board of Education recognizes an important relationship between class attendance and
student performance. Consequently, students are expected to attend all scheduled classes. Each marking
period a student’s grade will be based on classroom participation as well as the student’s performance on
homework, tests, quizzes, papers, projects, etc. Unexcused ATED’s for which no make-up is allowed
will affect a student’s class participation grade for the marking period.
Denial of Credit for Not Meeting Minimum Attendance Standard
Courses taken for high school credit at the high school or middle school in which a student fails
to achieve 90 percent attendance shall be subject to the Denial of Credit for that course. The total number
of excused and/or unexcused ATED’s which shall result in denial of credit are as follows:
Full year course
19
Half year course
10
Lab science full year course 28
Physical Education
6 (semester course meeting on alternate days)
Tardiness and Early Departure Equate to Absence
If a student misses twenty (20) or more minutes of a class period they are considered absent.
Three latenesses of less than twenty (20) minutes to class equal one absence.
Denial of Credit/Student Transcript
When a student is denied credit due to not meeting the minimum attendance standard his/her transcript
will reflect the course in which credit was denied.
5100
Preliminary Steps Prior to Denial of Credit (Student Interventions)
The Board of Education believes that the school district has a responsibility to assist students
with personal, social, health and academic issues that may be impeding a student’s regular attendance at
school. Students with excused or unexcused ATED’s shall be monitored carefully using attendance data
that is collected on a periodic basis.
•
•
Interventions by district personnel including teachers, counselors, administrators, and other
professional support staff shall be utilized to help the student at stages during the school year.
Each school shall select levels of excused and unexcused ATED’s which shall be considered to
be “red flags” for potential to D.C.A. Appropriate interventions consistent with each student’s
particular circumstances shall be developed by all concerned parties with provision for follow-up
by parents and school personnel. The building principal will develop procedures for notifying
parents when students reach “red flag” intervals noted above.
Additional intervention may also include: Child Protective Service referral, PINS petition, team
department meetings, grade level meetings, parent conference, etc.
Alternate Placements for DCA Students
Students who have been denied credit due to attendance may be assigned to an alternate
educational placement where their attendance will be carefully monitored.
Make-Up Work
Teachers will provide make-up work ONLY for those students with excused ATEDs or in the
event the student absence is due to personal reasons with pre-approved parental endorsement (not to
exceed five days).
In Attendance Rule
Students attending approved alternate educational programs, on home instruction, whether due to
illness or suspension, serving in-school suspension or out-of-school suspension, are considered to be “in
attendance” and shall not be considered absent.
Other Regulations
•
•
For each course when a student reaches the maximum number of ATEDs, the report card will
show a DCA to indicate “Denied Credit-Attendance” for all subsequent reporting periods and
exams, including mid-term and final exams.
If student is eligible to take an RCT or Regents examination, pursuant to Commissioner’s
Regulations, the score will be noted on the student’s permanent record.
5100
•
•
•
Summer School Eligibility Requirement: any student who fails to continue to attend classes on a
regular basis will not be eligible to attend summer school. Summer school requires previous and
continuous seat time.
Students entering the school after the first day shall have their attendance requirement pro-rated
using the 90 percent minimum requirement.
The attendance records of a student making a schedule change in the same subject area will be
forwarded to the new teacher.
Right to Appeal
Students and parents/guardians will have a right to appeal any course that has been denied credit
due to attendance. The appeal process is an effort to achieve fairness and to ensure that all circumstances
are taken into account.
•
•
A student, who, due to a chronic or recurring medical problem or a family crisis, for whom home
instruction is not available or practical, reaches the maximum days of course absence, has the
right to file a written appeal for a hearing with the Appeals Committee Chairperson within 10
school days of the date of the loss of credit notice. The student and parent(s) or guardian(s)
would appear at this meeting with appropriate, verifiable documentation to present to the
committee. The committee would then rule on whether the student will continue as a regular
student or be placed on a DCA audit. However, it should be noted that in accordance with the
Commissioner’s Regulations, no distinction can be made between excused and unexcused
absences.
Appeals will be considered ONLY if the student has continued to attend class and to do the
required work.
Appeals Committee
The committee will be made up of four faculty members, one guidance counselor, one attendance
staff member, and one administrator.
Policy Review
Each building level Principal will provide the Superintendent and the Board of Education with
annual evaluation data and statistics on the implementation of this policy. The Board will review this
data to determine the effectiveness and value of the policy for improving student attendance.
Cross-ref:
Ref:
1741, Relations with "Home Schools"
4321, Programs for Students with Disabilities
4327, Homebound Instruction
4710, Grading Systems
5160, Student Absences and Excuses
5161, Truancy and Tardiness
Education Law §§3202(1-a); 3205-3213; 3225
8 NYCRR §175.6
Adoption date: July 1, 2002
Revision adopted: June 21, 2010
Revision adopted: November 7, 2011
5130
COMPULSORY ATTENDANCE AGES
All children are required by New York State law to attend school full time, in a public, private or
parochial school, unless exempt from attendance in conjunction with current law or regulation, and
approved by the State Education Department from the first day of session in September of the school
year in which the minor becomes six years of age through the last day of the school year in which such
minor becomes 16 years of age, unless he/she has completed a four-year high school course of study. A
minor who has completed a four-year high school course of study is not required to attend.
The Board of Education, through the Superintendent of Schools as chief administrative officer, is
responsible for enforcement of the Compulsory Education Law.
Cross-ref:
Ref:
1741, Relations with "Home Schools"
5155, Student Withdrawal from School
Education Law §§1711; 3201; 3202(1-a); 3205; 3206; 3208; 3225
8 NYCRR §101
Family Court Act §§711 et seq.
Adoption date: January 7, 2002
5140
ENTRANCE AGE
Children who reach their fifth birthday on or before December 1st of the year of
matriculation are entitled to attend school and may be admitted to kindergarten. Proof of
age must be presented in the form of a birth certificate, baptismal certificate, or passport.
Parents who seek an early admission to kindergarten for children who reach their
fifth birthday between December 1st and` December 30th must follow the procedures
outlined in regulation 5140-R.
A child who has regularly attended and satisfactorily completed a year's work in
a kindergarten which is duly registered with the State Education Department will be
enrolled in the first grade.
The Board authorizes the Superintendent to establish any and all rules,
regulations, and procedures necessary to implement and maintain this policy.
Ref:
Education Law §§1709; 1712; 2503; 2514; 2555; 3202; 3205; 3210
Adoption date: January 7, 2002
5140-R
ENTRANCE AGE REGULATION
Early Admission to Kindergarten
Parents who wish an exemption from the stated policy must:
1.
2.
Submit a letter of request to the school psychologist stating the reasons for
requesting exception to the policy.
Agree to the district’s established evaluation procedures, which will include
social and emotional evaluation as well as intellectual testing:
a.
b.
3.
The psychological testing will be performed by a licensed psychologist
and of a form approved by the district.
The parents will make payment for the psychological testing unless they
qualify for the free lunch program -- then the test will be performed by
the school psychologist.
Accompany their child to all interviews with the school psychologist.
A re-evaluation of a child’s ability to perform will be made after the first six
weeks if requested by the teacher and/or the parents.
Decisions on early admission to kindergarten will be made by the school
principal in consultation with the school psychologist on the basis of the following
specified criteria:
1.
2.
3.
4.
The mental age of the child will be at least five years two months at the time of
testing.
The social and emotional readiness will be judged by the psychologist at the time
of the interview.
The chronological age shall be a minimum of four years six months as of June
30.
The parental reasons for requesting early admittance will be considered.
The decision, based on accumulated evidence, will be final in all cases, except
when appealed through the Superintendent to the Board.
The parents will be told, following the interview, of the psychologist’s decision.
The prospective student should meet all other entrance requirements.
Adoption date: January 7, 2002
5150
SCHOOL ADMISSIONS
The district shall provide a public education to all persons residing in the district between the
ages of five and twenty-one who have not received a high school diploma. Residence is defined as
both physical presence and intent to remain in the district. Eligibility of homeless children to attend
district schools shall be determined in accordance with federal and state law and regulation; see
policy 4343 for guidance.
A veteran of any age who has not yet received his/her high school diploma and who has been
discharged under conditions other than dishonorable is eligible to attend school. A non-veteran
under twenty-one years of age who has received a high school diploma shall be permitted to attend
school or BOCES upon payment of tuition.
Upon registration, all new students shall be enrolled and begin attendance the next school day
or as soon as practicable. Students or their parents/guardians/persons in parental relation are required
to present within three business days:
1.
Documentation of age: a birth certificate (original or certified transcript, including a foreign
birth certificate) or baptismal record is sufficient, if provided no other form of evidence may
be requested. If neither of these is available, a passport (including a foreign passport) may be
used. If a passport is not available, the district may consider other evidence, which has been
in existence for at least two years, such as: an official driver’s license, government-issued
identification, school photo I.D. with date of birth, consulate identification card, hospital or
health records, military dependent I.D. card, documents issued by government agencies,
court-issued documents, Native American tribal documents, or records from non-profit
international aid agencies or voluntary agencies; or other documents such as an entry in a
family bible, an adoption record, or previously verified school records;
2.
Record of immunizations (see 5420-R for more on immunizations) and a health certificate
from a licensed physician, physician assistant, or nurse practitioner; and
3.
Documentation of district residency: examples of acceptable forms of documentation
include, but are not limited to, mortgage/deed or lease documents to a
house/condominium/apartment, a statement by the parent/guardian’s landlord, property
owner or co-tenant, or a statement by a third party relating to physical presence in the
district, a pay stub, income tax form, telephone or utility bills or other bills, membership
documents based upon residency, official driver’s license, learner’s permit, or non-driver
identification, rent payment receipts, a copy of a money order for payment of rent, a letter
from a parent’s employer that is written on company letterhead, voter registration document,
or a state- or other government-issued ID, documents issued by federal, state, or local
agencies, or judicial custody orders or guardianship papers showing residency. The district
may require multiple forms of residency documentation sufficient to establish both physical
presence in the district and intent to remain.
5150
The district shall not request or require a Social Security card or number, or any information which
would tend to reveal the immigration status of the child, the parent, or the person in parental relation,
in any forms, meetings or other communication, at the time of and/or as a condition of enrollment.
The district shall review all submitted documentation, and make a determination of a
student’s eligibility to attend district schools as soon as possible, but within three business days of
initial enrollment, or four days if the documentation is presented on the third day. The district may
verify documentation of age from a foreign country, but will not delay enrollment during
verification. At any time during the school year, notwithstanding any prior determination to the
contrary, the district may make a determination that a student is not eligible to attend the district’s
schools, subject to the procedures outlined in the regulations of the Commissioner of Education.
The district shall post its student enrollment/registration forms, procedures instructions and
requirements, including the examples of acceptable documentation, on the district website, and shall
provide such materials to all parents/guardians/children who request enrollment in the district.
If the parent/guardian of a student seeking to enroll is limited English proficient, the district
will meaningfully communicate material information about enrollment as required by federal law.
The district will also provide parents/guardians of all newly enrolled students with appropriate
information, including student handbooks, and information about access to special education
services.
Cross-ref:
Ref:
4343, Homeless Children
5420, Student Health Services
Education Law §§903; 904; 3202; 3208; 4402(8)
Public Health Law §2164
8 NYCRR §100.2(y)
Student Registration Guidance, New York State Department of Education, August 26,
2010 www.emsc.nysed.gov/sss/pps/residency/studentregistrationguidance082610.pdf
Educational Services for Recently Arrived Unaccompanied Children, New York State
Education Department, September 10, 2014
Information on the Rights of All Children to Enroll in School, U.S. Departments of
Education and Justice, Revised May 8, 2014
https://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf
Fact Sheet I and II: Information on the Rights of All Children to Enroll in School, U.S.
Departments of Education and Justice, May 2014,
http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201405.pdf
Plyler v. Doe, 457 US 202 (1982)
Adoption date: January 7, 2002
Revision adopted: January 25, 2010
Revision adopted: June 20, 2011
Revision adopted: October 5, 2015
5151
(X) Required
( ) Local
( ) Notice
HOMELESS CHILDREN
The Board of Education recognizes its responsibility to identify homeless children within the
district, encourage their enrollment and eliminate existing barriers to their education which may exist
in district practices. The Board will provide homeless children attending the district’s schools with
access to the same free and appropriate public education and other school programs and activities,
including preschool education, as other children.
A homeless child is a child who lacks a fixed, regular, and adequate nighttime residence or
who has a primary nighttime location in a public or private shelter designed to provide temporary
living accommodations, or a place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings. This definition also includes a child who shares the housing of
others due to loss of housing, economic hardship, or similar reason; lives in motels, hotels, trailer
parks, or camping grounds due to the lack of alternative adequate accommodations; lives in a car,
park, public space or abandoned building, substandard housing, bus or train station or similar setting;
has been abandoned in a hospital or is awaiting foster care placement; or is a migratory child who
qualifies as homeless. An unaccompanied youth is a homeless child for whom no parent or person in
parental relation is available.
5151
A homeless child has the right to attend school in either the school of origin (i.e., where
he/she resided before becoming homeless, or the school he/she was last enrolled), the school in the
district of current location (i.e., where he/she currently resides as a result of his/her homelessness)
that he/she is entitled to attend based on attendance zone or general eligibility, or a school in a
district participating in a regional placement plan. Such schools include preschools. The homeless
child is entitled to attend the designated school on a tuition-free basis for the duration of his or her
homelessness. If the child becomes permanently housed, the child is entitled to continue to
attendance in the same school building until the end of the school year and for one additional year if
that year constitutes the child’s terminal year in such building.
The Superintendent of Schools shall develop procedures necessary to expedite the homeless
child's access to the designated school. Such procedures shall include:
1.
2.
3.
Admission: Upon designation, the district shall immediately admit the homeless child to
school, even if the child is unable to produce records normally required for enrollment, such
as previous academic records, medical or immunization records, proof of age or residency or
other documentation and even if there is a dispute with the child’s parents regarding school
selection or enrollment. During a dispute, the student may continue attending the school until
final resolution of the dispute, including all available appeals. Homeless children will have
the same opportunity as other children to enroll in and succeed in the district’s schools. They
will not be placed in separate schools or programs based on their status as homeless. The
district shall eliminate barriers to identification, enrollment and retention of homeless
children, including barriers to enrollment and retention due to outstanding fees, fines or
absences.
Transportation: The district shall provide transportation for homeless students currently
residing within the district as required by applicable law, as described in the accompanying
regulation.
School Records: For homeless students attending school out of the district, the district shall,
within five days of receipt of a request for records, forward a complete copy of the homeless
child's records including proof of age, academic records, evaluation, immunization records
and guardianship paper, if applicable. For homeless students attending school in the district,
the district shall request the student’s records (academic, medical, etc.) from the school the
student last attended.
5151
4.
Coordination: The district shall coordinate with local social services agencies and other
entities providing services to homeless children and their families for the provision of
services to homeless children, and shall coordinate with other school districts on issues of
prompt identification, transportation, transfer of records, and other inter-district activities.
This shall include ensuring the provision of appropriate services to homeless students with
disabilities who are eligible for services under either Section 504 or IDEA.
Information about a homeless child’s living situation shall be treated as a student education
record, and shall not be deemed to be directory information under FERPA (see policy 5500).
The Superintendent shall also designate a liaison for homeless children and ensure that this
person is aware of his or her responsibilities under the law. The Superintendent shall ensure that the
liaison receives appropriate professional development on identifying and meeting the needs of
homeless students, including the definitions of terms related to homelessness. The liaison’s
responsibilities shall include, but not be limited to, ensuring that:
1.
2.
3.
4.
5.
6.
parents or guardians of homeless children are informed of the educational and related
opportunities available to their children, and are provided with meaningful opportunities to
participate in the education of their children;
parents and guardians and unaccompanied youth are fully informed of all transportation
services available to them, and are assisted in accessing them;
enrollment disputes involving homeless children are promptly mediated and resolved;
school personnel, through outreach and in coordination with shelters and social service
agencies and other appropriate entities, identify homeless children, including homeless
preschoolers;
homeless children receive educational services, including Head Start and preschool services
to which they are eligible, as well as referrals to health care and other appropriate services
for homeless children and their families;
public notice of the educational rights of homeless children is disseminated in locations
frequented by homeless unaccompanied youth and parents/guardians of homeless children,
in a manner and form understandable to them;
5151
7.
8.
staff who provide services to homeless students receive required professional development
and support on identifying and meeting the needs of homeless students;
homeless unaccompanied youth are informed of their rights, are enrolled in school, and have
opportunities to meet the same state standards set for all students, including receiving credit
for full or partial coursework earned in a prior school pursuant to Commissioner’s
regulations.
In accordance with law and regulation, the district will offer a prompt dispute resolution
process (described in more detail in the accompanying administrative regulation).
In accordance with Commissioner’s regulations, the district shall collect and transmit to the
Commissioner information necessary to assess the educational needs of homeless children within the
State.
Ref:
42 USC §§11431 et seq.
School Enrollment Guidelines on the McKinney-Vento Act, 67 Fed. Reg. 10,697-10,701
(March 8, 2002)
Education Law §§207; 305; 3202; 3205; 3209
Executive Law §§532-b; 532-e
Social Services Law §§17; 62; 397
8 NYCRR §§100.2(x); 175.6
Adoption date: November 19, 2001
Revision adopted: November 7, 2016
5151-R
HOMELESS CHILDREN REGULATION
Each school in the district shall maintain forms provided by the Commissioner of Education
for designating a homeless child’s district of attendance. These forms must be provided to any
homeless child or parent or guardian who seeks to enroll a child in school. The district’s liaison for
homeless students shall assist the homeless child and/or parent or guardian in understanding their
rights under the law and provide them with information regarding the educational and related
opportunities available to them.
School placement decisions for homeless children will be based on the “best interest of the
child” and shall consider student-centered factors such as the effect of mobility on student
achievement, education, health and safety. Unless doing so is contrary to the wishes of the child’s
parent or guardian, to the extent possible, a homeless child will continue to attend the school of
origin (the school the child attended when he or she became homeless).
If the district wishes to send a homeless child to a school other than the school of origin or a
school requested by the parent or guardian, the Superintendent or designee shall provide the parent
or guardian (or child, if an unaccompanied youth) with a written explanation of its decision, together
with a statement regarding the right to appeal the placement, which shall be in a manner and form
understandable to them. The Superintendent or designee shall refer any such dispute to the district’s
liaison for the homeless for resolution. The homeless child must be enrolled in the school sought by
the parent or guardian pending final resolution of the dispute, including all available appeals.
Admission Procedures
Upon designation, the Superintendent of Schools or designee shall immediately:
1.
2.
3.
4.
review the designation form to ensure that it is complete;
admit the homeless child even if the child or his/her parent or guardian is unable to produce
records normally required for enrollment, or the student has missed application or enrollment
deadlines, or there is an unresolved dispute regarding school selection or enrollment;
where applicable, make a written request to the school district where a copy of the child’s
records are located for a copy of the homeless child’s school records;
notify the liaison for homeless children of the child’s admission. The liaison shall:
5151-R
a.
b.
c.
d.
e.
f.
notify the child and/or the parent or guardian of the educational and related
opportunities available to homeless children including transportation;
ensure that the child receives the educational services for which they are eligible,
including Head Start and Early Head Start and preschool programs administered by the
district;
make necessary referrals for the homeless children or their families to health care
services, dental services, mental health services, substance abuse services, housing
services, and other appropriate services;
ensure that any enrollment disputes are mediated promptly and in accordance with
law;
when assisting unaccompanied youth in placement or enrollment decisions, give
priority to the views of such youth, and inform them of their status as “independent
students” for purposes of applying for federal financial aid for college and assist with
that process; and
assist in obtaining required immunizations, health screenings, immunization records
or health records.
The Superintendent or designee shall forward a copy of the designation form to the
Commissioner of Education and the school district of origin where applicable.
Transportation
Unless the homeless child is entitled to transportation provided by the Department of Social
Services or Office of Children and Family Services, the district shall provide transportation services
to the child in accordance with applicable law. A designated school district that must provide
transportation to a homeless child is not required to provide transportation in excess of 50 miles one
way, unless the Commissioner of Education determines that it is in the best interest of the child.
Transportation must be provided when the district receives notice of a child’s homeless
status, as well as during the pendency of disputes. If a child is receiving transportation to his/her
school of origin and obtains permanent housing during the school year, the student has the right to
continued transportation services to the school of origin until the end of the academic year, as well as
if the student completes the final grade level in a building, or attends the designated receiving school
at the next level.
5151-R
Dispute Resolution Process
If, after the Superintendent reviews the designation form (STAC-202), he/she finds that the
student is either not homeless, not entitled to attend the district’s school, or not entitled to
transportation (if requested) the Superintendent or designee will do the following:
1.
2.
Contact the district’s homeless liaison to assist in dispute resolution process.
Contact the student and parent (if available) and inform them of their opportunity to provide
more information prior to the district making a final determination.
If, after consideration of any additional information and input from the homeless liaison, the
Superintendent makes a final determination that a student is not homeless, or not entitled to
enrollment or transportation, he/she must provide the student's parent or guardian, or the student, if
the student is an unaccompanied youth, with written notice that the student is not entitled to their
request. This written notice must also:
1.
2.
3.
4.
5.
6.
state the rationale/basis for the district's determination;
state the date as of which the student will be excluded from the district's schools (or
transportation);
advise that the district's final determination may be appealed to the Commissioner of
Education (Commissioner);
provide the name and contact information for the district's homeless liaison;
inform the student's parent or guardian or the student, if the student is an unaccompanied youth,
that the district's homeless liaison is required to assist him/her in filing such an appeal; and
include, as an attachment, the form needed to file an appeal to the Commissioner.
The Superintendent must ensure that the district's final decision is delivered to the parent,
guardian, or unaccompanied youth in a timely manner. The student must remain enrolled and
provided with transportation (if requested) until the district makes a final determination and for a
minimum of 30 days after the determination to give the student's parent or guardian or
unaccompanied youth the opportunity to appeal to the Commissioner.
5151-R
If the parent/guardian or student commences an appeal to the Commissioner within 30 days of
the final determination, the homeless child or youth will be permitted to continue to attend the school
s/he is enrolled in at the time of the appeal and/or receive transportation to that school until the
Commissioner renders a decision.
Adoption date: November 19, 2001
Revision adopted: November 7, 2016
ADMISSION OF NON-RESIDENT STUDENTS
5152
The Board of Education affirms that its primary responsibility is to provide the best possible
educational opportunities for the children who are legal district residents and who are of legal age to
attend school.
However, a non-resident student from an approved sending district (having an Instruction Contract in
force with the Westhampton Beach Schools) will be admitted to the district on a tuition basis under such
conditions as may be prescribed from time to time by the Board.
Furthermore, non-resident students from non-approved sending districts who desire to enroll in grades 612 of the district’s schools may be admitted under the following conditions:
1. All non-resident students from non-approved sending districts seeking to be enrolled in the
Westhampton Beach School District must be in good standing with their home district.
2. The Westhampton Beach School District must possess and have a seat available in an
appropriate program/placement for the non-resident student from a non-approved sending
district. The determination of whether the Westhampton Beach School District has an
appropriate program/placement, rests with the Superintendent of Schools.
3. The parent/guardian of the non-resident student from a non-approved sending district is
responsible for the timely payment of tuition. The tuition rate will be calculated using 100% of
the Seneca Falls Formula with two equal tuition payments due to the District prior to the
beginning of the first and second semesters of the school year.
4. Enrollment of the non-resident student from a non-approved sending district will continue as
long as the placement/program is deemed appropriate and as long as the student remains in good
standing.
5. Transportation for non-resident students from non-approved sending districts will not be
provided by the Westhampton Beach Schools and will be the responsibility of the student and/or
the student’s parent/guardian.
6. The Superintendent of Schools reserves the right to withdraw approval for enrollment in the
Westhampton Beach School District if such enrollment is deemed detrimental to the school
district.
7. The Board of Education reserves the right to limit or deny admission to individual non-resident
students from non-sending districts. This policy is not applicable to homeless students entitled to
attend district schools under Federal and State Law and Regulations, who may not be currently
residing in the District (see Policy 5151, Homeless Children). Homeless students who are not
entitled to attend District schools under Federal and State Laws may be considered for nonresident enrollment under this policy. This policy is also not intended to cover students who are
placed in District programs by agreement with, and paid for by, another school district.
Former Residents
Regularly enrolled children of parents or guardians who have moved out of the school district
during the school year will be permitted to complete the current semester in the district. A 12th-grade
student in the school system who is a resident through the first marking period may complete the entire
school year. However, students who are no longer District residents due to homelessness are addressed
in Policy 5151, Homeless Children.
Future Residents
The children of families who have shown proof of a residence under construction, or who have
executed a lease for premises within the district, and who intend to become residents upon availability of
the structure, and can anticipate availability within 90 days of enrollment may be enrolled during the
semester in which they expect to become residents, without payment of tuition.
5152
Foster Home and Free Family Home Residents
Children residing in foster homes, free family homes and similar circumstances will be admitted
in accordance with the law. The district will bill for tuition to the appropriate agency or district when
applicable.
Cross-ref:
Ref:
6254, Nonresident Tuition
5151, Homeless Children
Education Law §3202
Adoption date: January 7, 2002
Revision adopted: March 26, 2007
Revision adopted: November 7, 2016
5152-R
ADMISSION OF NON-RESIDENT STUDENTS REGULATION
Student Addresses: Verification and Investigation
1.
2.
3.
4.
5.
The address of the parents must be the address of residence for each student. If a student claims
residence with a person other than his/her parent(s), evidence of legal guardianship must be
presented.
Should a student's address change at any time during his/her enrollment, residency must be
confirmed by an acceptable document, e.g., a lease, a utility bill, a voter registration card.
If a student's address is not the address of his/her parent(s) or legal guardian(s), the district, based
on a thorough investigation, will make a determination regarding a student’s enrollment in the
Westhampton Beach Schools.
If the evidence indicates that a student's address has been purposefully changed in order for
him/her to attend a school in a district other than the one he/she is legally entitled to attend,
he/she shall be immediately transferred to the appropriate district.
Student admission shall not be delayed pending verification of the address. A verification and/or
investigation shall take place after student admission has been effected.
Adoption date: January 7, 2002
5152.1
ADMISSION OF FOREIGN STUDENTS
The Board of Education recognizes the cultural enrichment derived from
welcoming non-immigrant foreign students into the educational program. Thus, the
Board encourages the attendance of non-immigrant foreign students in the district's high
school.
Only non-immigrant foreign students who possess a valid visa to study in the
United States will be admitted to the district's high school. The Board retains the sole
discretion to deny admission to any student not meeting all the requirements set forth in
this policy and regulation.
Foreign Exchange Students (J-1 Visa)
The Board encourages district participation in a foreign exchange student
program. Foreign exchange students will be admitted to the district high school for a
one-year academic program.
1.
2.
3.
4.
The district recognizes only those organizations designated as “Exchange Visitor
Programs” by the U.S. Department of State, pursuant to federal regulations, as
sponsoring organizations for the exchange of students. Any such organization
must supply proof of designation prior to recognition.
No foreign exchange students subject to this policy and regulation shall be
brought into the district by a foreign exchange student program unless he or she
has been accepted in writing as a student by the high school Building Principal
or a designee.
Foreign exchange students will be allowed to attend school and will be provided
bus transportation to and from school free of charge. When a foreign exchange
student is accepted for admission pursuant to this policy and regulation the letter
of acceptance shall include a statement that tuition shall be waived for the
student.
The district will accept no more than five foreign exchange students per school
from any single foreign exchange program.
The Board may terminate the approval of a foreign student program when it
would be in the best interests of the district to do so.
Foreign Students with F-1 Visas
No F-1 students will be admitted into grades K-8. F-1 students may be admitted
to the high school for one academic year upon the payment of tuition. The amount of
tuition charged will be calculated using 100% of the Seneca Falls Formula.
5152.1
Immigrant Students
All school-aged immigrant children who have abandoned their residence in a
foreign country and established residence in the district will be admitted to the district's
schools without payment of tuition.
Ref:
22 CFR Part 62 (Exchange Visitor Program) §62.25 (Secondary School
Students)
8 CFR 214.2(j) (Special Requirements for Admission, Extension and
Maintenance of Benefits for Exchange Aliens)
Education Law §1709(13)
Matter of Jones, 24 EDR 110 (1984)
Adoption date: January 7, 2002
Revision adopted: February 8, 2010
5152.1-R
ADMISSION OF FOREIGN STUDENTS REGULATION
The High School Building Principal shall review applications for the admission
of foreign students according to the guidelines established below.
1.
2.
Students must be between the ages of 15 and 18 years and six months.
The student must have demonstrated in his/her home school a level of scholastic
achievement to indicate the possibility of success in the high school.
3.
The student’s records and credentials, including English translation, indicating
all academic institutions attended, courses studied, and grades received in
secondary school must be available to school officials no less than three weeks
prior to the departure from the student’s home or by June 15 for admission the
following September.
4.
The student must be in good health and an immunization record must be
provided.
5.
The student or the sponsoring organization must provide verification of health
and accident insurance with a minimum limit of $50,000.
6.
The student must enroll for a full course of study, on a full-time basis.
7.
The student must agree to conform to established standards of acceptable
behavior and conform to the rules and regulations of the high school.
All applications will be reviewed by an appropriate counselor and the High
School Building Principal. After the review, a recommendation for the approval or
rejection of the application will be submitted to the Superintendent.
The district reserves the right to deny admission to any student not meeting all
the requirements set forth in this policy and regulation.
Payment of Tuition
Any letter of acceptance furnished to a foreign exchange program on behalf of a
foreign student with a J-1 visa will state that tuition will be waived, unless the Board
determines otherwise. If Board opts to charge tuition, the letter of acceptance will state
the cost of tuition and the terms of payment.
F-1 students will pay tuition, which will be calculated at 100% of the Seneca
Falls Formula, to the Westhampton Beach School District. Any letter of acceptance
furnished to a foreign student with an F-1 visa must state the cost of tuition and the terms
of payment.
5152.1-R
Extracurricular Activities
The Board permits foreign students to participate in all district extracurricular
activities, provided they meet the district’s eligibility requirements and follow the
district’s behavioral and academic rules. Foreign students wishing to participate in
interscholastic athletics must also:
1.
2.
(for students with J-1 visas) be sponsored by an organization both approved by
the U.S. Department of State and accepted by the Council on Standards for
International Educational Travel (CSIET); and
comply with all State Education Department and New York State Public High
School Athletic Association (NYSPHSAA) rules and standards.
Registration; Graduation
1.
2.
3.
The non-immigrant student must present himself/herself for registration prior to
the first day of classes for the current semester.
At the time of registration the non-immigrant student will be provided a form, to
be signed by him/her, the host family, and, in the case of a foreign exchange
student, a representative of the sponsoring organization, indicating compliance
with the conditions as stated in this policy.
The non-immigrant student will be granted a certificate upon completion of an
approved course of study and will be allowed to participate in commencement
exercises, as appropriate.
Termination of Progress
A student’s participation may be terminated at any time by school officials for
failure to abide by established guidelines, including:
1.
2.
3.
4.
5.
failure of two or more courses of study without sufficient effort;
failure to conform to established rules and regulations;
failure to conform to the regulations established by the sponsoring organization;
and/or
excessive absences
failure to pay tuition (students with an F-1 Visa)
Suspension of Sponsoring Organization
Should the guarantee or documentation provided by a sponsoring organization
prove invalid, further acceptance of foreign exchange students from that organization
will be dependent upon proof of compliance with district policy and regulation.
Adoption date: January 7, 2002
Revision adopted: February 8, 2010
5153
ASSIGNMENT OF STUDENTS TO CLASSES
The Board of Education directs that assignment of students to classes be
consistent with the best interests of students and the best use of the resources of the
district. The Board also recognizes that diversity in school environments has been
shown to have a positive impact on student achievement. Such diversity can be on
the basis of race, ethnicity, sex and/or gender, religion or religious practice,
disability, socioeconomic status, language, academic achievement, and/or academic
potential. In addition, schools must prepare students for a future in which they
interact with people from all backgrounds. While some aspects of student diversity
are outside the scope of the Board’s control, the Board aspires to prevent student
isolation where possible. This does not, however, prevent the district from placing
students into classes based on academic ability when it’s in the best interest of those
students.
Assignment to Classes/Teachers
In assigning students to classes/teachers, the following criteria shall be
considered: age, social and emotional maturity, demographic characteristics and
academic achievement in relation to individual ability, in order to assure appropriate
assignments. It is the goal of administration to create classes that can productively
learn together.
Parent/Guardian Requests
The Board recognizes that parents/guardians may wish to make requests as to
class/teacher assignments.
However, final decisions regarding assignment of students to schools and
classes/teachers rests with the district.
Cross-ref:
Ref:
4750, Promotion and Retention
5110, Attendance Areas
Education Law §§1709(3); 2503(4)
Fisher v. University of Texas at Austin, 570 U.S. __, 133 S. Ct. 2411 (2013)
Parents Involved in Community Schools v. Seattle School District No. 1, 551
U.S. 701 (2007)
Grutter v. Bollinger, 539 U.S. 306 (2003)
Gratz v. Bollinger, 539 U.S. 244 (2003)
Regents of the University of California v. Bakke, 438 U.S. 265 (1978)
Matter of Addabbo v. Donovan, 22 A.D.2d 383 (1965), aff’d, 16 N.Y.2d 619,
cert denied, 382 U.S. 905 (1965)
5153
Matter of Older v. Board of Education of the Union Free School District No.
1, Town of Mamaroneck, 27 N.Y.2d 333 (1971)
Appeal of Jones, 52 EDR Dec. No. 16,456 (2013)
Appeal of Roy, 51 EDR Dec. No. 16,279 (2011)
Appeal of Strade, 48 EDR 73 (2008)
Appeal of Knoer, 47 EDR 102 (2007)
Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid
Racial Isolation in Elementary and Secondary Schools (2011), U.S.
Department
of
Education
and
Department
of
Justice
(www2.ed.gov/about/offices/list/ocr/docs/guidance-ese-201111.html).
Coleman, A., Negron, F., and Lipper, K. Achieving Educational Excellence
for All: A Guide to Diversity-Related Policy Strategies for School Districts
(2011). The National School Boards Association, The College Board, and
Education Counsel, LLC (www.nsba.org/SchoolLaw/Publications/EducationExcellence-for-All.html).
Adoption date under prior policy number 5154 (now deleted): January 7, 2002
Revision adopted: October 21, 2013
5155
STUDENT WITHDRAWAL FROM SCHOOL
Only a student over the compulsory education age of the district may withdraw
from school. Before a student may be dropped from enrollment, he/she must have been
absent for 20 consecutive school days and statutory procedures must be followed. It is
the responsibility of the Building Principal to ensure that the procedures set forth below
are followed:
1.
2.
3.
4.
The Building Principal and/or the Superintendent of Schools shall schedule and
notify in writing both the student and his/her parents or guardians of an informal
conference.
At such conference, the Principal and/or the Superintendent shall determine the
reasons for the student's absence and ascertain whether reasonable changes in the
student's educational program would encourage and facilitate his or her re-entry
or continuance of study.
The student and his/her parents or guardians shall be informed orally and in
writing of the student's right to re-enroll at any time in the school, if qualified
under law.
If the student or his/her parents or guardians fail after reasonable notice to attend
the informal conference, the student will be dropped from the rolls of the school,
provided that he or she and the parents/guardians have been notified that they
may re-enter at any time if qualified under the law.
Cross-ref:
Ref:
5130, Compulsory Attendance Ages
5150, School Admissions
Education Law §3202(1-a)
Adoption date: January 7, 2002
5160
STUDENT ABSENCES AND EXCUSES
The Board of Education will require that the students enrolled in the schools of this district attend
school regularly in accordance with the laws of the state.
The following reasons for student absences from schools are recognized as valid by the Board:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
illness;
illness or death in the family;
unsafe travel conditions;
religious observance;
medical appointments;
quarantine;
required court appearances;
approved college visits;
approved cooperative work programs; and
other unavoidable and justifiable situations as determined and approved by the Building
Principal.
Any other absence is considered unexcused.
All absences must be accounted for. The Board of Education requests that parents/guardians
provide the school with an explanation of the student’s absence. Such explanation should contain the
reason and date of absence.
Repeated infractions of Board policy requiring the attendance of enrolled students may result in
disciplinary action against the student.
Cross-ref:
Ref:
4710, Grading Systems
5100, Student Attendance
5161, Truancy and Tardiness
Education Law §§1709(2); 3024; 3025; 3202(1-a)
8 NYCRR §175.6
Adoption date: January 7, 2002
Revision adopted: February 8, 2010
5161
TRUANCY AND TARDINESS
Chronic tardiness and truancy are disruptive to both teachers and fellow students
and therefore will not be tolerated. The Board of Education believes it is important to
ensure students are attending class, as well as arriving to class on time, since these are
essential aspects of ensuring an orderly and conducive environment for learning.
Tardiness, whether the fault of the child or the parent, cannot be excused except
for the reasons cited in policy 5160. A note explaining the cause of lateness is required.
Since excessive tardiness and absences are not conducive to good work habits or
learning, parents should make every effort to have their children in school every day and
on time.
Appropriate disciplinary action will be taken by the Building Principal for acts of
truancy.
Cross-ref:
5100, Student Attendance
5160, Student Absences and Excuses
Adoption date: January 7, 2002
5162
STUDENT RELEASE PRECAUTIONS
No student may be released from school to anyone other than the parent, guardian or child
protective services personnel and law enforcement officers pursuant to law, unless the individual's
name seeking release of the student appears on a list provided by the parent or guardian.
Parents are urged to make appointments with physicians, dentists, special tutors, etc., after
school hours. If a request to release a student early from school is necessary, parents are asked to
contact the school with the date, time and reason for the release.
A student may be released to either parent unless the district has been supplied with a
certified copy of a court order or divorce decree to the contrary.
Cross-ref:
Ref:
8135, Safe Schools
Education Law §3210(1)(c)
Adoption date: January 7, 2002
Revision adopted: March 8, 2010
5162-R
STUDENT RELEASE PRECAUTIONS REGULATION
The Superintendent of Schools or his/her designee shall maintain a list of individuals who are
authorized to obtain the release of students in attendance at the school. No student may be released
to the custody of any individual not the parent or guardian of the student, unless the individual's
name appears upon the list.
Parents or guardians may submit a list of individuals authorized to obtain the release of their
children from school at the time of the child's enrollment. The signature of the parent or guardian
must be on or attached to such list.
A parent or guardian may amend a list submitted pursuant to this regulation at any time, in
writing.
Certified copies of any court orders or divorce decrees provided by the custodial parent,
which restrict a parent's ability to seek the release of their child, shall be maintained by the principal
of the building to which the student is assigned.
If any individual seeks the release from school of a student he or she must report to the
school office and present identification deemed satisfactory by the Superintendent or his/her
designee, who must check the authorized list and relevant court orders or divorce decrees before a
student may be released. Particular caution should be exercised when the person seeking the release
of a child exhibits to the school official an out-of-state custody order.
Early excuses for emergency reasons should be provided to the school by a parent/guardian.
Medical releases are handled through the Nurse's Office. All other reasons for release must go
through either the Main Office or the Attendance Office. The person seeking the release must sign
the register in the office.
In the event of an emergency, the Superintendent and his or her designee may release a
student to some individual not appearing on the approved list only if the parent or guardian has been
contacted by the school district and has approved the release, and the Superintendent and his or her
designee determines that an emergency exists.
Adoption date: January 7, 2002
Revision adopted: March 8, 2010
5163
RELEASED TIME FOR RELIGIOUS INSTRUCTION
A student will be released for religious instruction for a maximum of one hour
each week upon the presentation to his/her Building Principal of a parental request in
writing.
Ref:
8 NYCRR §109.2
Zorach v. Clauson, 343 U.S. 306 (1952)
Adoption date: January 7, 2002
5170
STUDENT ATTENDANCE ACCOUNTING
The Superintendent of Schools and his/her staff will develop procedures that staff must follow to
monitor student attendance. The procedures will conform to state requirements and shall be kept for use
in enforcement of the Compulsory Education Law, and in determining the state aid allocated to the
school district.
The procedures shall include the systematic and accurate recording of student attendance, the
verification of the legitimacy of student absence, and the follow-up and referral necessary for students
requiring attendance services.
Cross-ref:
Ref:
5100, Comprehensive Attendance Policy
5500, Student Records
Education Law §§3024; 3025; 3211
Adoption date: January 7, 2002
Revision adopted: February 8, 2010
5170-R
STUDENT ATTENDANCE ACCOUNTING REGULATION
Attendance accounting procedures shall:
1.
2.
3.
4.
conform with any state standards,
provide a consistent and accurate record of absences,
incorporate a verification procedure in order to detect attendance discrepancies, and
provide means for disciplinary action for chronic violations of attendance policy.
Adoption date: January 7, 2002
5181
SENIOR PRIVILEGE - OPEN CAMPUS DURING LUNCH
The Board of Education strongly encourages all students to make productive use of their time throughout
the entire school day and therefore urges all high school students to stay on campus during their assigned
lunch periods. While on campus, students have the opportunity to eat a nutritious lunch, use the library
and other school facilities, meet with available faculty and work collaboratively with peers on assigned
projects.
However, the Board is cognizant that some students may desire to leave school property on occasion
during their lunch period. This open campus privilege is only available to high school seniors in good
standing who satisfy the conditions below:
•
•
•
•
Written permission from a parent or legal guardian must be presented and approved by the high
school principal.
Students must demonstrate a commitment to their academic program. Receiving a failing grade
in any course of study on a report card will result in the revocation of the Senior Privilege –
Open Campus for a marking period or until such time as the administration reinstates it. (For the
beginning of the school year, the final course grades on the junior year report card will be used to
identify which seniors are eligible for the Open Campus Privilege).
Students must maintain satisfactory attendance in all classes. Any “Denial of Credit Due To
Attendance” (DCA), including study hall, will result in the loss of the Senior Privilege – Open
Campus for the remainder of the school year. (Once again, the junior year attendance record will
be considered when identifying those seniors eligible for the Open Campus Privilege in
September).
Students must demonstrate good school citizenship. Any out of school suspension will result in
the loss of the Senior Privilege - Open Campus for a marking period or until such time as the
administration reinstates it.
Adoption date: August 21, 2006
Revision adopted: February 8, 2010
5190
EXCLUSIONS AND EXEMPTIONS FROM SCHOOL ATTENDANCE
A student or students may be excluded or exempt from school attendance in accordance with law,
regulation and policy. If such exclusion pertains to the failure to immunize., the Building Principal, with
the approval of the Superintendent, may exclude a student from school for failure to comply with
immunization regulations except as noted in Public Health Law §2164.
Adoption date: January 7, 2002
Revision adopted: March 8, 2010
5200
COCURRICULAR AND EXTRACURRICULAR PROGRAMS
The Board of Education recognizes the educational values inherent in student participation in the
extracurricular life of the school, and encourages such participation. It is committed to the assignment of
staff for the formation of student groups for such purposes as building social relationships, developing
interests in an academic area, and gaining an understanding of the elements and responsibilities of good
citizenship.
Recognizing that student activities are a part of the school program, the Board has established the
following criteria, which all student activity programs must meet:
1.
2.
3.
student activities must have educational value for students;
student activities must be in balance with other curricular offerings in the schools; and
student activities must be managed in a professional manner.
The following guidelines will govern student activities programs:
1.
2.
3.
4.
5.
6.
7.
8.
9.
student activities are those school activities that are voluntarily engaged in by students, have the
approval of the school administration and do not carry credit toward promotion or graduation;
each school, under the direction of the Building Principal, will have a well-balanced and
effectively administered student activity program designed to stimulate student growth and
development by supplementing and enriching the curricular activities;
each activity should be designed to contribute directly to the educational, civic, social and ethical
development of students involved;
the student activity program should receive the same attention in terms of philosophy, objectives,
social setting, organization and evaluation that is given the regular school curriculum;
the expenses involved in participating in any student activity and in the total program for a
school year should be set so that a majority of the students may participate without financial
strain;
activities must be open to all students, regardless of race, religion, sex, national origin, marital
status, disability or other human differences;
activities must not place undue burdens upon students, teachers or schools;
activities should be held after classes are dismissed, or at an appropriate time during class time;
and
activities at any level should be unique, not duplications of others already in operation.
Cross-ref:
5020, Equal Educational Opportunities
5210, Student Organizations
Adoption date: January 7, 2002
5205
ELIGIBILITY POLICY FOR EXTRACURRICULAR ACTIVITIES
Philosophy
A sound educational philosophy provides for academic learning as a district's first priority, but
also recognizes the important role played by extracurricular activities in the development of a student's
character and responsibility.
While extracurricular activities are vitally important to student development, it must be
recognized that participation in extracurricular activities is a privilege and not a right.
Therefore, all participants in extracurricular activities must maintain a passing level of academic
performance as well as appropriate school deportment.
Extracurricular
Extracurricular activities include, but are not necessarily limited to, interscholastic athletic teams;
school thespian activities; student government; and clubs.
Academics
1.
2.
3.
4.
5.
Students failing two (2) or more subjects as reported within a progress report or a report card will
be placed on academic probation.
A student placed on academic probation will be subject to undertaking a five (5) week
probationary period during which the student will remain eligible to participate in extracurricular
activities. An Academic Support Plan will be developed. A letter will be sent home to parents
of students placed on academic probation. The student will be offered the following
opportunities to supplement their academic short comings/weakness: (a) extra help sessions (b)
after school tutoring/mentoring (c) guidance support. If the student does not comply with the
aforementioned academic support plan, he/she will immediately lose his/her eligibility for
extracurricular activities.
Following the five (5) week probationary period, if a student continues to fail any two (2) or
more subjects as indicated on the progress report or report card, he/she will become ineligible to
participate in extracurricular activities. In this event the student is to be permitted to continue to
participate in any practice sessions, as applicable to the extracurricular activity, but is not to be
permitted to participate in any contest or performance involving the extracurricular activity. A
student is to be permitted to apply for relief to the Appeals Committee should he/she seek to gain
relief from the ineligibility imposed.
Following the five weeks of ineligibility imposed subsequent to the five-week probationary
period, a student is to be prohibited from any and all extracurricular activity.
Students with two (2) or more failures on the JUNE report card will be placed on the five (5)
week probationary period at the beginning of the fall semester; students successfully attaining
passing marks within the failed course or courses will not be subject to the probationary period.
5205
Additional Eligibility for Participation
1.
2.
3.
4.
5.
6.
Students, unless excused by physical education teacher or coinciding subject teacher, must be
present and participating in all of their classes to be eligible to practice or play in activities that
day.
Students serving ISS/OSS may not practice, compete, or participate, until the day after the last
assigned suspension day. Continuous ISS/OSS infractions may result in students becoming
ineligible for extracurricular activities.
Students must be in school on time and attending all their classes, in order to participate in any
extracurricular activity. Coaches and club advisors will be responsible for the daily monitoring
of their student athletes. (Doctor appointments and/or extenuating circumstances will be
reviewed by Athletic Director or School Administrator).
A student's eligibility to participate may be suspended or revoked for excessive absences from
practices, games, or other activities.
A coach or advisor may add additional eligibility requirements when approval is given by
Athletic Director or School Administrator (i.e. Team and club rules and regulations).
An activity begins with the first meeting and ends with its last function. To be eligible for
awards, a student must finish the activity in good standing. This evaluation is based on the
student's performance throughout the entire season.
Extracurricular Code of Behavior
Students who participate in any school sponsored activity are to recognize that they have an
obligation to themselves, to their school, to their co-participants, and to the community. It is expected
that participation in our programs will enable students to value their learning experience, to instill selfdiscipline and self-control, and to exercise mature behavior and judgment.
The Westhampton Beach School District expects that it is the responsibility of our students to
adhere to the following standards, both as representatives of the school, and as members of the
community:
1.
2.
3.
4.
5.
6.
NO use of tobacco
NO use of any form of alcoholic beverages
NO use of drugs in any form unless prescribed by a physician
NO selling or possession of any of the above substances
NO illegal activities of any kind ( theft, assault, DWI, possession of illegal substances, etc.)
NO participation in any activities which may be considered as detrimental to the school
community or the community at large.
5205
When violations of the code of behavior become known to school authorities, the student(s) will
be subject to the following procedures:
1.
2.
3.
The student(s) and his/her/their representative(s) (parent, coach, advisor) will be afforded an
opportunity to respond to the alleged violation. However, suspension or permanent exclusion
from participation in extracurricular activities does not require a full hearing pursuant to
Education Law §3214.
When a student violates these standards, the Athletic Director, School Administrator and/or
Superintendent will investigate the alleged violation. After the investigation of an alleged
violation, if the student is found guilty of one or more of the violations listed above, the student
will be suspended or permanently excluded from his/her extracurricular activity. In addition,
students may be suspended from games, scrimmages, tournaments club meetings, and plays for
infractions of other school policies.
Recognizing that certain misconduct, even if occurring off school premises or during non-school
hours, may represent a breach of the standards adopted by the school district on the matter of the
privilege of participation in athletics or extracurricular activities and may impact upon the
appropriateness of the student’s participation in school activities it is determined that such
misconduct may form the basis for the suspension or termination of the student’s entitlement to
participate in athletic or extracurricular activities.
Students may be required to undertake counseling as a condition of their remaining as members
of a team or as a participant in an extracurricular activity or in conjunction with a dismissal from a team
or termination from participation in an extracurricular activity.
Coaches and Club Advisors will be entitled to exercise discretion related to participation for
infractions against team standards of behavior and attitude.
This policy is in addition to and in conjunction with the Code of Conduct.
Right To Appeal
Students and their representative (parent, coach, advisor) will have a right to appeal any
consequences which are imposed. The appeal process is an effort to achieve fairness and to ensure that
all circumstances are taken into account.
The student and his/her representative will be entitled to meet with the Appeals Committee. The
Appeals Committee will determine what issues are necessary to be investigated and will make a final and
binding determination in as timely a fashion as possible.
Accountability/ Committee
The Appeals Committee will be comprised of the Athletic Director, a building school
Administrator, and a Teacher/Guidance Counselor.
5205
Accountability/Enforcement
Guidance counselors, administrators, parents, coaches, and advisors, are expected to provide an
accountable and significant role in an ongoing monitoring of student performance, both academic and
behavioral, in order that the "Philosophy" set forth above can represent a meaningful and viable code
under which the district's students may conduct themselves in both their academic and behavioral modes.
Revised: June 24, 1998
First reading for revision: June 21, 1999
Revision adopted: July 1, 1999
Revision adopted: January 7, 2002
Revision adopted: June 4, 2012
5210
STUDENT ORGANIZATIONS
The Board of Education recognizes the educational values inherent in student participation in
the extracurricular life of the school, and supports the concept of the formation of student groups for
such purposes as building sound social relationships, developing interests in an academic area, and
gaining an understanding of the elements and responsibilities of good citizenship.
Student organizations shall be encouraged. The Superintendent of Schools, with the aid of
students, faculty and administration, is charged with developing procedures for registering and
regulating student groups or clubs. Such procedures shall ensure that the district will register any
group organized for a purpose not prohibited by Board policy or by law, if such group submits a list
of its members designated as contacts, a copy of its constitution and/or bylaws, and the constitution
and bylaws of any off-campus organization with which it may be affiliated. Student groups may not
restrict membership on the basis of race, sex, national origin or other arbitrary criteria.
The Superintendent may prohibit the formation of any clubs, including fraternities or
sororities, or any other secret society, whose deliberations and activities have caused or created, or
are likely to cause or create, a disruption of or interference with the school program.
Administrative regulations governing the use of school facilities shall abide by the Equal
Access Act in the creation of a "limited open forum." All noncurricula-related student activities,
regardless of religious or political content, shall have the same opportunities as any other such
activity to operate on school grounds.
Cross-ref:
Ref:
5200, Cocurricular and Extracurricular Activities
5252, Student Activities Funds Management
Education Law §§207; 1709-a; 2503-a; 2554-a
Equal Access Act, 20 U.S.C. §§4071-4074
8 NYCRR Part 172
Board of Education of the Westside Community Schools v. Mergens, 496 U.S. 226 (1990)
Garnett By Smith v. Renton School Dist. No. 403, 865 F.2d 1121 (9th Cir., 1989)
Thompson v. Waynesboro Area School Dist., 673 F.Supp. 1379 (M.D. Pa. 1987)
Student Coalition v. Lower Merion School Dist. Board., 633 F.Supp. 1040 (E.D. Pa. 1986)
Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S.Ct. 733
(1969)
Healy v. James, 408 U.S. 169, 92 S.Ct. 2338 (1972)
Adoption date: January 7, 2002
STUDENT PUBLICATIONS
5220
Students shall enjoy the constitutional right of freedom of expression. They shall have the right
to express their views in speech, writing, or through any other medium or form of expression within
limitations comparable to those imposed on all citizens but specifically designed for children and youth
in a school setting.
The Board of Education encourages student publications not only because they offer an
educational activity through which students gain experience in reporting, writing, editing, and
understanding responsible journalism, but also because they provide an opportunity for students to
express their views and a means of communicating both within and beyond the school community.
All student publications will comply with the rules for responsible journalism. Libelous
statements, unfounded charges and accusations, obscenity, defamation of persons, false statements,
materials advocating racial or religious prejudice, hatred, violence, the breaking of laws and school
policies and/or regulations, or materials designed to disrupt the educational process will not be permitted.
Expressions of personal opinion must be clearly identified as such, and bear the name of the author.
Opportunity for the expression of opinions differing from those of the student publishers must be
provided.
In addition, student newspapers and/or publications which are paid for by the school district
and/or produced under the direction of a teacher as part of the school curriculum are not considered a
public forum. In such cases, the Board reserves the right to edit or delete such student speech which it
feels is inconsistent with the district's basic educational mission.
Distribution of Literature
Students have a right to distribute literature on school grounds and in school buildings, except
that the Building Principal may prohibit the distribution in school buildings of a specific issue or
publication if it does not comply with rules for responsible journalism and interferes with or disrupts the
educational process. No literature may be distributed unless a copy is submitted in advance to the
Principal.
The time, place, and manner of distribution of literature will be reasonably regulated by the
Principal.
The Superintendent of Schools shall establish guidelines that are in keeping with the above and
shall provide for the review of the content of all student publications prior to their distribution.
Ref:
Hazelwood School District v. Kuhlmeier, 484 US 260, 108 S Ct 562 (1988)
Bethel School District v. Fraser, 478 US 675 (1986)
Tinker v. DesMoines Independent Community School Dist., 393 US 503, (1969)
Thomas v. Board of Education, Granville Central School Dist., 607 F 2d 1043 (1979)
Trachtman v. Anker, et al., 563 F 2d 512 (1977)
Eisner v. Stamford Board of Education, 314 F Supp 832, modf'd. 440 F2d 803 (1971)
Frasca v. Andrew et al., 463 F Supp 1043 (1979)
Matter of Beil and Scariati, 26 EDR 109(1986)
Adoption date: January 7, 2002
5230
STUDENT SOCIAL EVENTS
All student social events must be properly supervised and have the approval of the Building
Principal.
Adoption date: January 7, 2002
5240
STUDENT PERFORMANCES
The Board of Education encourages student performances that display skills which are an
outgrowth of the instructional program.
Adoption date: January 7, 2002
5251
STUDENT FUND-RAISING ACTIVITIES
Fund-raising projects in which students canvass the public, off school grounds, in connection
with school events and school-related fund-raising activities, will be kept to an absolute minimum. Fundraising for non-school purposes will not be permitted on school grounds.
No direct solicitation of students is permitted during school hours (including lunch hours).
Secondary school students may solicit funds for school-sponsored clubs and organizations that are
raising funds for curriculum-related purposes or to support the activities of the club or organization in
school buildings. All fund-raising activities must be voluntary and in accord with the Rules of the
Regents and the State Education Department’s “Guidelines Relating to Solicitation of Charitable
Donations from School Children.” Students may solicit funds for charitable activities and organizations
which are school-sponsored, non-profitable and non-political with the prior approval of the
Superintendent of Schools.
All moneys collected must be accounted for in strict accordance with established procedures.
Cross-ref: 1510, Public Sales on School Property
Ref:
Education Law §207
Rules of the Board of Regents §19.6
Guidelines Relating to Solicitation of Charitable Donations from School Children, State
Education Department, January, 1994
Adoption date: January 7, 2002
5252
STUDENT ACTIVITIES FUNDS MANAGEMENT
The Board of Education shall have the responsibility for the protection and supervision of the
financial affairs of student clubs and extracurricular activities. All monies received or derived from any
extra-classroom activity shall be deposited with the building-level treasurer of extra-classroom funds
who shall be appointed by the Board.
All money belonging to any school group will be stored in the appropriate school office safe until
such time as it can be expeditiously deposited into the Student Activities Account at the designated bank
of deposit. Records of receipts and expenditures shall be maintained and reports made regularly to the
Board. The authority to expend moneys shall be distinct and separate from the custodian of those monies.
Funds that remain idle for a period of one fiscal year shall be placed in the Student Activities
Fund, Student General Organization Account. Class and club officers shall be informed of this policy.
Cross-ref:
Ref:
2210, Board Reorganizational Meeting
5210, Student Organizations
Education Law §207
8 NYCRR Part 172
Adoption date: January 7, 2002
Revision adopted: June 20, 2005
Revision adopted: February 8, 2010
5253
STUDENT ACTIVITY FEES
No fee shall be charged for a student activity. Exceptions to this policy can only be granted by
the Board of Education.
Adoption date: January 7, 2002
5270
INTRAMURAL PROGRAMS
The Board of Education encourages intramural programs for the students of the district. These
programs shall be available to students from grades 4 through 12.
Adoption date: January 7, 2002
5280
INTERSCHOLASTIC ATHLETICS
Interscholastic athletics for boys and girls is an integral and desirable part of the district's
secondary school educational program. Individual and team sports shall be based upon
comprehensive physical education instruction and intramural activities, seeking broad participation
from all eligible secondary students. Lifetime or carry-over sports are to be particularly encouraged
and supported. Parity in the number and kind of sports activities for girls and boys is a clear
objective of the district.
Student eligibility for participation on interscholastic teams shall include:
1.
2.
3.
authorization by the school physician;
written parent or guardian consent (the written consent will contain information for parents
on mild traumatic brain injury (TBI) and will provide a link to the State Education
Department’s web page on TBI); and
endorsement by the Building Principal based on established rules and various league and
State Education Department regulations.
Although the district will take reasonable care to protect student athletes, students may still
sustain injuries. In order to most effectively ensure student safety, open communication between
students, parents and coaches about the child’s medical condition is critical. Coaches, and other
appropriate staff, will receive guidance and training regarding recognition of injury and removal of
the student athlete from play in the event of injury. Parents and/or students are expected to report
injuries so that student health can be protected.
In the case of a suspected or actual head injury, a student must be removed from play
immediately. In order to resume participation following injury, including head injury, the student
needs to receive medical clearance. The Superintendent, in consultation with appropriate district
staff, including the school physician, will develop regulations and procedures to guide the process of
return to play.
In recognition of the importance of appropriately managing head injuries, the Board
authorizes the creation of a Concussion Management Team (CMT). The CMT will be comprised of
the athletic director, a school nurse, the school physician, a coach of an interscholastic team, an
athletic trainer and other appropriate personnel designated by the Superintendent. The CMT is
charged with overseeing compliance with state training requirements, developing guidelines for use
by coaches and physical education teachers and developing information for distribution to parents
and students.
5280
Athletic Placement Process (APP)
The Board recognizes that there are certain circumstances in which it may be appropriate for a
middle school student to participate on a high school athletic team. In exceptional circumstances, a
seventh or eighth grade student-athlete may be so physically, athletically, socially, and emotionally
advanced that he or she would be most appropriately placed on a high school interscholastic athletic
team. It is in these circumstances that the Athletic Placement Process may be considered as outlined
in this policy.
The determination of whether a middle school student-athlete shall be permitted to participate on a
high school interscholastic athletic team shall be made in accordance with the Athletic Placement
Process Procedures and Standards as promulgated by the New York State Education Department, the
dictates of this policy, and the rules and procedures established by the Superintendent of Schools in
accordance with this policy.
Cross-ref:
Ref:
5420, Student Health Services
Education Law §§ 305(42), 1709 (8-a); 3001-b
8 NYCRR §§135.4, 136.5
Santa Fe Indep. Sch. Dist. V. Doe, 520 U.S. 290 (2000) (constitutionality of student-led
prayers at interscholastic athletic activities)
Concussion Management Support Materials, www.nysphsaa.org
Athletic Placement Process for Interscholatic Athletic Programs (NYSED)
Adoption date: January 7, 2002
Revision adopted: March 8, 2010
Revision adopted: June 4, 2012
Revision adopted: November 5, 2012
Revision adopted: November 2, 2015
5280-R
Athletic Placement Process Regulation
The following outlines the procedure to be used if a middle school student-athlete is to be considered
for participation on a high school interscholastic athletic team, in accordance with Policy 5280:
If a member of the District’s coaching staff believes that a seventh or eighth grade student-athlete
possesses exceptional skill and ability, as well as the physical, social, and emotional maturity to
warrant consideration for playing on a high school team, he/she may request that the Athletic
Director initiate a Athletic Placement Process review. If the Athletic Director believes the case
warrants a formal review, the Athletic Placement Process Committee will convene to consider the
case. The Athletic Placement Process Committee shall consist of the Athletic Director, the High
School Principal, the Middle School Principal, and the Superintendent of Schools. Only a member
of the District’s coaching staff, with the approval of the Athletic Director may seek a review by the
Athletic Placement Process Committee. Parents and students may not initiate the Athletic Placement
Process .
The Athletic Placement Process Committee shall assess the student’s candidacy for participation on
a high school interscholastic athletic team. The Committee may consult with coaches, teachers,
guidance counselors, and other appropriate personnel in determining if the student is an appropriate
candidate for Athletic Placement Process based on Policy 5280. If the Athletic Placement Process
Committee determines by majority vote that the student-athlete is an appropriate candidate, that
Athletic Director will contact the student’s parents to inform them of the process and obtain written
permission for the student to undergo a health and developmental examination by the school
physician. If the student is cleared for participation by the school physician, the student will be
administered the Athletic Placement Process performance tests as established by the New York State
Education Department. The Athletic Placement Process performance test shall be administered by
the Athletic Director or his/her designee. Upon successful completion of all components outlined by
the New York State Education Department and Board of Education Policy, the student-athlete shall
be eligible to participate as a member of a high school interscholastic athletic team.
If the Athletic Placement Process Committee determines that a student is not an appropriate
candidate for the Athletic Placement Process , the student may not move forward in the process and
will have the opportunity to participate at the middle school (modified) level.
All determinations of the Athletic Placement Process Committee are final.
Adoption date: November 5, 2012
Revision adopted: November 2, 2015
5300
STUDENT CODE OF CONDUCT
The Board of Education is committed to providing a safe and orderly school environment that
promotes responsible student behavior. The school environment should reflect the ideals of the local
community and preserve the positive values of the district and the larger democratic society in which
we live.
The Westhampton Beach School District has a longstanding set of expectations for conduct on
school property and at school functions. These expectations are based on the principles of civility,
mutual respect, citizenship, character, tolerance, honesty, and integrity.
The Board of Education recognizes the need to clearly define these expectations for acceptable
conduct, identify the possible consequences for unacceptable conduct, and to ensure that discipline,
when necessary, is administered fairly. To this end, the Board of Education shall adopt a Student
Code of Conduct which reflects these goals.
It shall be the responsibility of the Superintendent of Schools to ensure that the Student Code of
Conduct is reviewed and approved by the Board on an annual basis and disseminated in accordance
with the law.
Adoption date: September 4, 2002
Revision adopted: March 22, 2010
5310
STUDENT DISCIPLINE
The Board of Education believes that each student can reasonably be expected to be
responsible for his/her own behavior. The school administration shall develop and disseminate rules
of conduct, focusing on personal safety and respect for the rights and property of others to be
consistently applied in the classrooms and throughout the schools. Students who fail to meet this
expected degree of responsibility and violate school rules may be subject to appropriate disciplinary
action and more regulated supervision.
Discipline procedures shall be developed by the Building Principals under the supervision of
the Superintendent of Schools. These procedures shall be made available to all students, staff, and
parents.
The administration may conduct an investigation into reports of misconduct which may
include conferences with the complainant, student, parents, teachers, other student service personnel,
or others as is deemed appropriate for the early identification and resolution of suspected discipline
problems.
Discipline is most effective when it deals directly with the problem at the time and place it
occurs, and in a way that is viewed as fair and impartial by the student. Therefore, before seeking
outside assistance, teachers will first use all their resources to create a change of behavior in the
classroom. When the teacher has made every effort to bring about positive behavioral change, and
has been unsuccessful, the teacher will bring the matter to the attention of the administration. Once
done, the teacher and Principal will develop a strategy for dealing with the problem.
Disciplinary action, when necessary, will be firm, fair, and consistent in order to be most
effective in changing behavior. Good discipline is usually positive rather than negative in nature.
Pursuant to section 100.2 of the Commissioner’s regulations, such action will be appropriate
to the seriousness of the offense. Extreme penalties (e.g., a one-year suspension) will not be
assigned without first reviewing the student’s disciplinary records and considering the circumstances
which led to the improper behavior.
A student identified as having a disability shall not be disciplined for behavior related to
his/her disability. Any question relating to the discipline of such student will be referred to the
Committee on Special Education.
5310
The Superintendent shall solicit the recommendations of the teaching staff and administrators
regarding in-service programs pertaining to the management and discipline of students. The Board
shall sponsor such programs annually.
Ref:
Education Law §§2801; 3214
8 NYCRR §§100.2(l)1 and 2
Easterbrook, Substance & Due Process, 1982 Supreme Court Review
Chapman v. Thomas, 105 S.Ct. 1866 (1985)
Tinker v. DesMoines Independent Community School Dist., 393 U.S. 503 (1969)
Matter of Troy R., 29 EDR 424 (1990)
Matter of Pellegrino, 22 EDR 462 (1983)
Matter of MacWhinnie, 20 EDR 145 (1980)
Matter of Port, 9 EDR 108 (1969)
State Education Department, Guidelines for Students’ Rights and Responsibilities (1979)
Adoption date: January 7, 2002
Revision adopted: February 8, 2010
5311
STUDENT RIGHTS AND RESPONSIBILITIES
The Board of Education's goal is to provide an environment in which a student's rights and
freedoms are respected. The Board therefore assures district students that they shall have all the rights
afforded them by federal and state constitutions, statutes and regulations. The Board also recognizes all
federal, state and local laws in connection with these rights, and reminds students that certain
responsibilities accompany these rights.
It shall be the right of each district student:
1.
2.
3.
4.
5.
6.
7.
8.
to have a safe, healthy, orderly and courteous school environment;
to take part in all district activities on an equal basis regardless of race, sex, religion, national
origin, or disability;
to attend school and participate in school programs unless suspended from instruction and
participation for legally sufficient cause as determined in accordance with due process of law;
to experience the freedoms of expression, publication, dissent, petition, assembly and privacy;
to have school rules and conditions available for review and, whenever necessary, explanation by
school personnel;
to be suspended from instruction only after his/her rights pursuant to Education Law §3214 have
been observed; and
in all disciplinary matters, to have the opportunity to present his/her version of the facts and
circumstances leading to imposition of disciplinary sanctions to the professional staff member
imposing such sanction.
not to submit to a survey, analysis, or evaluation that reveals information concerning:
a.
b.
c.
d.
e.
f.
g.
political affiliations;
mental and psychological problems potentially embarrassing to the student or his/her
family;
sex behavior and attitudes;
illegal, antisocial, self-incrimination and demeaning behavior;
critical appraisals of other individuals with whom respondents have close family
relationships;
legally recognized privileged and comparable relationships, such as those of lawyers,
physicians, and ministers; or
income (other than that required by law to determine eligibility for participation in a
program or for receiving financial assistance under such program);
without the prior written consent of the student, if over 18 years of age, or without the
prior written consent of the parent/guardian for those students under 18 years of age.
However, such survey, analysis or evaluation may be conducted on a wholly voluntary
basis, provided that the student and his/her parent/guardian have been notified of their
rights and of their right to inspect all materials related to the above. All instructional
material, including teachers’ manual, films, tapes, or other supplementary instructional
material to be used shall be available for inspection by the parents or guardians of the
children.
5311
It shall be the responsibility of each district student:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
to be familiar with and abide by all district policies, rules and regulations pertaining to student
conduct;
to work to the best of his/her ability in all academic and extracurricular pursuits and strive
toward the highest level of achievement possible;
to conduct himself/herself, when participating in or attending school-sponsored extracurricular
events, as a representative of the district and as such hold himself/herself to the highest standards
of conduct, demeanor, and sportsmanship, and accept responsibility for his/her actions;
to respect the knowledge and authority of school personnel by following directions, using
acceptable and courteous language, avoiding actions that demonstrate contempt, and appealing
decisions through appropriate channels;
to seek help in solving problems that might lead to discipline procedures;
to report to school and to all scheduled classes regularly and on time, bring necessary school
materials, remain in classes until excused, pay attention to instruction, complete assignments to
the best of his/her ability, and request help when needed;
to show due respect to other persons and to property by avoiding any behavior detrimental to the
achievement of educational goals (i.e., name-calling, fighting, deliberate attempts to embarrass,
intimidate or harm);
to cooperate in maintaining order on and taking care of school property to encourage a climate of
learning;
to dress in accordance with standards promulgated by the Board and the Superintendent; and
to make constructive contributions to the school, and to report fairly the circumstances of schoolrelated issues.
Cross-ref:
Ref:
5310, Student Discipline
5311.3, Student Complaints and Grievances
5311.5, Student Dress Code
5313.1, Detention
8135, Safe Schools
Goals 2000: Educate America Act, P.L. 103-227, §1017 (Pupil Privacy Protection Act)
8 NYCRR §100.2(l)(1)(i)
Education Law §3214
Adoption date: January 7, 2002
5311.1
STUDENT DUE PROCESS RIGHTS
In disciplinary situations, students shall have the opportunity to present their version of the facts
and circumstances, and students will not be suspended unless their rights to due process, as identified in
Education Law Section 3214, have been observed. Building Principals may suspend a student for a
period of up to five days. In cases of this type, the Principal conducts an informal hearing with the
student and other individuals who may have information concerning the situation. When a suspension is
imposed, the student and parent(s) are notified and a written record of the case is made.
If a suspension of more than five days is being considered, the Building Principal will
recommend that a hearing be held. The student and his/her parents will be notified of the time and place
of the hearing. At the hearing, conducted by the Superintendent of Schools or his/her designee, the
student will have the following rights: to examine evidence and question witnesses; to present evidence
and witnesses; and to be represented by counsel. A record of the hearing is made by stenographic
transcript or by tape recording. The Superintendent will make a decision regarding suspension based on
the information presented at the hearing. An appeal of the Superintendent's decision can be made by the
student to the Board of Education.
Generally, school personnel will identify problems and pursue appropriate, reasonable measures
to affect student behavior. Parents, students and school personnel must work together to ensure the
maintenance of the proper atmosphere for learning. Our objective is to provide all students an equal
opportunity to grow intelligently, ethically, socially, emotionally and physically.
The options are designed to be fundamentally fair without imposing unreasonable burdens upon
school authorities or students. General requirements in all instances include:
1.
2.
3.
oral or written notice of nature of the rules, violation of which will result in disciplinary action;
an opportunity for the accused student to "tell his side of the story" to the person whose
responsibility it is to assign discipline; and
explanation of the evidence of violation upon which action is being taken, should the student
deny the infraction has occurred.
When a student is referred to an administrator/designee for appropriate action, the administrator
investigates the incident by meeting with the student and/or staff member, and additional students/staff as
deemed necessary.
Parental involvement ranges from written notification of the offense and disciplinary reaction to
parent conferences with staff, student, and, if need be, outside agencies/authorities.
A proper and accurate record of the offense and response is maintained for all incidents.
Cross-ref:
5311, Student Rights and Responsibilities
5311.3, Student Complaints and Grievances
5313.3, Student Suspension
Adoption date: January 7, 2002
5311.2
STUDENT GOVERNMENT
The Board of Education recognizes the benefit to students in all grades to be represented by
an appropriately constituted student government.
Adoption date: January 7, 2002
Revision adopted: March 8, 2010
5311.4
CARE OF SCHOOL PROPERTY BY STUDENTS
The Board of Education requires that all students respect and care for school property. Any
damage to property should be reported to the main office or the appropriate teacher.
The Board recognizes that acts of vandalism are crimes against the school district and the
community which supports the schools. Students who willfully destroy, damage, or deface school
property shall be subject to disciplinary action, as well as prosecution to the fullest extent possible
under the law. Students who damage school property, and/or their parents or guardian, shall
reimburse the district for the value of the damaged property up to the limit of the law.
It shall be the responsibility of the Superintendent of Schools to establish and carry out
written regulations addressed to acts of vandalism.
Cross-ref:
Ref:
1520, Public Conduct on School Property
8212, Vandalism
Education Law §§1604(35); 1709(36)
Adoption date: January 7, 2002
Revision adopted: March 8, 2010
5311.5
STUDENT DRESS CODE
The responsibility to come to school dressed appropriately for district students rests with
each student, his/her parents, the building administration, faculty and staff. Students and parents
have the right to determine school dress providing the attire complies with requirements for health
and safety, and does not interfere with the educational process. Furthermore, it is expected that dress
reflect current community standards and deportment.
A student's dress, grooming and appearance, including hair style/color, jewelry, make-up,
and nails, shall:
1. Be safe, appropriate and not disrupt or interfere with the educational process.
2. Not include clothing or jewelry that conveys messages of nudity, lewdness, profanity, bias,
violence and/or poses a physical danger.
3. Recognize that extremely brief garments such as tube tops, net tops, halter tops, spaghetti
straps, plunging necklines (front and/or back) and see-through garments, short shorts/short
skirts are not appropriate.
4. Ensure that underwear is completely covered with outer clothing.
5. Include footwear at all times. Footwear that is a safety hazard will not be allowed.
6. Not include items that are vulgar, obscene, libelous, or denigrate others on account of race,
color, religion, creed, national origin, gender, sexual orientation or disability.
7. Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage
other illegal or violent activities.
8. Not include gang-related clothing or paraphernalia.
Head coverings, with the exception of head coverings for religious and/or medical purposes, are
forbidden in the classroom. Head coverings may be worn in school hallways.
The Board requires students to wear appropriate protective gear in certain classes (e.g. family
& consumer science, technology, lab sciences, physical education).
In addition to the above guidelines, the school administration reserves the right to make
determinations regarding appropriateness of attire on an individual basis.
Each Building Principal or his/her designee shall be responsible for informing all students
and their parents of the student dress code at the beginning of the school year and any revisions to
the dress code made during the school year.
Students who violate the student dress code shall be required to modify their appearance by
covering or removing the offending item, and if necessary or practical, replacing it with an
acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including
in-school suspension for the day. Any student who repeatedly fails to comply with the dress code
shall be subject to further discipline, up to and including out of school suspension.
Adopted: October 4, 1999
Revision adopted: November 15, 1999
Revision adopted: April 5, 2010
5312.1
DRUG AND ALCOHOL ABUSE
The Board of Education is committed to the prevention of alcohol, tobacco and other substance
use/abuse. This policy describes the philosophy of the district and the program elements the district will
use to promote healthy life styles for its students and to inhibit the use/abuse of alcohol tobacco and other
illegal substances.
No student may use, possess, sell, offer, manufacture, or distribute alcohol, tobacco or other
illegal substances, nor may use or possess drug paraphernalia, on school grounds or at school-sponsored
events, except drugs as prescribed by a physician. The term “alcohol, tobacco and/or other illegal
substances” shall be construed throughout this policy to refer to the use or possession of all illegal
substances including, but not limited to, alcohol, tobacco, inhalants, marijuana, ecstasy, cocaine, LSD,
PCP, amphetamines, heroin, steroids, look-alike drugs, and any synthetic version thereof (whether or not
specifically illegal or labeled for human consumption) , commonly referred to as “designer drugs.”
Designer drugs are those substances which have been designed and synthesized to mimic the intended
effects and usages of, and which are chemically substantially similar to, substances controlled by federal
and/or state law as exemplified above. The inappropriate use of prescription and over-the-counter drugs
shall also be prohibited.
Additionally, the following persons shall be prohibited from entering school grounds or schoolsponsored events: any person exhibiting behavior, conduct, or personal or physical characteristics
indicative of having used or consumed alcohol, tobacco and/or other substances, or any person who
school personnel have reasonable grounds to suspect has used alcohol, tobacco and/or other illegal
substances.
In order to educate students on the dangers associated with substance abuse, the health education
curriculum shall include instruction concerning drug abuse for grades K-12.
Any staff member observing narcotics possession or usage by students shall report the incident
immediately to the Superintendent of Schools or his/her designee. The Superintendent or his/her
designee shall then seek immediate action. Any narcotics found shall be confiscated immediately,
followed by notification of the parent(s)/guardian(s) of the student(s) involved and the appropriate
disciplinary action taken, up to and including permanent suspension and referral for prosecution. In its
effort to maintain a drug-free environment, the district shall cooperate to the fullest extent possible with
local, state and/or federal law enforcement agencies.
The district will use the following principles as guides for the development of its substance
use/abuse prevention efforts and for any disciplinary measures related to alcohol and other substances:
§
§
§
§
Alcohol, tobacco and other illegal substance use/abuse is preventable and treatable.
Alcohol, tobacco and other illegal substance use/abuse inhibits the district from carrying out its
central mission of educating students.
The behavior of the Board, the administration, and all school staff should model the behavior
asked of students.
While the district can and must assume a leadership role in alcohol, tobacco and other illegal
substance use/abuse prevention, this goal will be accomplished only through coordinated,
collaborative efforts with parents, students, staff, and the community as a whole.
Cross-ref:
5310, Student Discipline
5330, Searches and Interrogations
5430, Student Psychological Services
8135, Safe Schools
9610, Staff Substance Abuse
5312.1
Ref:
Drug-Free Schools and Communities Act, 20 U.S.C. §§3171 et seq.
20 U.S.C. §114-5g
21 U.S.C. §812 (c)
42USC §§5101, 11841
34 CFR Part 86
Education Law §§804; 912-a; 3214
General Municipal Law §239-u
Mental Hygiene Law §19.07(c)
Penal Law §§220.00 et seq.
Public Health Law, Article 33
8 NYCRR §§100.2(c); 135.3
10 NYCRR Part 9
New Jersey v. T.L.O., 469 U.S. 325 (1985)
Odenheim v. Carlstadt-East Rutherford Region School District, 211 N.J. Super.
54, 510 AD2d 709 (1985)
People v. Scott D., 34 NY2d 483 (1974)
Matter of Wilson, 28 EDR 254 (1988)
Matter of Pollnow, 22 EDR 547 (1983)
Matter of Vetter, 20 EDR 547 (1981)
Matter of Rodriguez, 8 EDR 214 (1969)
Adoption date: January 7, 2002
Revision adopted: October 21, 2013
5312.1-R
DRUG AND ALCOHOL ABUSE REGULATION
Primary Prevention
The intent of primary prevention programming is to prevent or delay the onset of
alcohol, tobacco and other illegal substance use by students. The components of this
programming shall include:
1.
2.
Primary prevention through early and regular health screening and inoculation
programs done by the school doctor and nurse.
A sequential K-12 prevention curriculum that provides for:
§
§
§
§
§
§
3.
4.
5.
Accurate and age-appropriate information about alcohol, tobacco and
other illegal substances, including the physical, psychological and social
consequences for their use/abuse.
Information about the relationship of alcohol, tobacco and other illegal
substance use/abuse to other health-compromising behaviors or illnesses
such as HIV and AIDS, teenage pregnancy, eating disorders, child
abuse, suicide, and dropping out of school.
Helping students develop appropriate life skills to resist the use of
alcohol, tobacco and other illegal substances and to promote healthy life
styles.
Helping students identify personal risk factors for alcohol, tobacco and
other illegal substance use/abuse and the steps needed for risk reduction.
Helping students develop a positive self-concept.
Helping students identify when they are under stress and how to manage
or reduce such stress through non-chemical means.
Training school staff, parents and guardians to use the information and skills
necessary to reinforce the components of this policy and regulation in the home,
school and community.
Community education about the issues of alcohol, tobacco and other illegal
substance use/abuse as a basis for providing a consistent message to district
youth.
Positive alternatives to alcohol, tobacco and other illegal substance use/abuse,
such as peer leadership programs, service projects, and recreational and
extracurricular activities. Such activities will be planned collaboratively with
students, school staff, parent(s) or guardian(s), community members, and
agencies.
Intervention
The intent of intervention programming is to eliminate any existing use/abuse of
alcohol, tobacco and other illegal substances, and to identify and provide supportive
services to kindergarten through 12th grade students at high risk for such use/abuse. The
components of such programming shall include:
1.
2.
3.
providing alcohol, tobacco and other illegal substance use/abuse assessment and
counseling services for students;
developing a referral process between district schools and community providers;
identifying and referring students to appropriate agencies when their use/abuse
of alcohol, tobacco and/or other illegal substance requires counseling and/or
treatment;
5312.1-R
4.
5.
6.
7.
providing services to students in or returning from treatment to ensure that the
school environment supports the process of recovery initiated in the treatment
program;
providing individual, group, and family counseling targeted at students at high
risk for alcohol, tobacco and/or other illegal substances use/abuse;
educating parent(s) or guardian(s) on when and how to access the district’s
intervention services; and
ensuring confidentiality as required by federal and state law.
Disciplinary Measures
Penalties
I.
For a student possessing or being under the influence of alcohol, tobacco or
other illegal substance on school grounds, at a school-sponsored activity or in a
school district vehicle
A.
B.
C.
D.
II.
If the offense occurs during the instructional day or at a schoolsponsored activity, the student’s parent(s)/guardian(s) will be contacted
and directed to remove their son/daughter from school or the activity for
the balance of the day or that activity.
The student will be subject to a suspension for a period not exceeding
five days. The Building Principal may request or be requested to apply
for a Superintendent’s Hearing if he/she feels that more than five days of
suspension appear necessary due to his/her concern for the health and
safety of that student or other students in the school. The Superintendent
of Schools may recommend restricted instruction and/or placement in
alternative instruction at any time.
The student will be immediately suspended from all school
extracurricular activities for a period not exceeding forty-five days.
Prior to a student returning to school, a parent/guardian - student
conference will be held with the Principal or his/her designee.
Sale/Distribution of Alcohol or Other Substances
A Superintendent’s Hearing will be conducted for any student found to
be selling or distributing alcohol, tobacco or other illegal substances on school
grounds, at a school-sponsored activity, or in a school district vehicle.
Note: In addition to the penalties noted above, district officials will be obligated to
contact the police and advise them that a student had used, possessed, sold or
distributed alcohol, tobacco or other illegal substances on school grounds, at a
school-sponsored activity or in a school district vehicle.
5312.1-R
III.
Use of Alcohol, Tobacco or Other Illegal Substances Off School Grounds
If a student is a member of an extracurricular activity and abuses alcohol, tobacco or
other illegal substances at a function separate from school, he/she will be subject to
suspension from school and suspension from that extracurricular activity for the period
of time as determined by the Principal and/or Superintendent of Schools.
IV.
Student who self-refers to school faculty or parent for assistance in dealing with
their alcohol or other substance use/abuse.
If a student self-refers for assistance in dealing with his/her chemical use, he/she
will be referred to support services through the building team. Amnesty from
discipline will continue as long as a student follows his/her recommended
intervention program. If that student does not follow the intervention program,
he/she will be subject to the provisions of this regulation regarding suspension
from extracurricular activities.
The offenses set forth in this regulation will be documented cumulatively
throughout the time a child attends the district.
Students who are disciplined for any of these infractions will be mandated to
participate in the intervention services established by Board policy. Where the
requirements of Drug-Free Workplace legislation apply and in other situations deemed
appropriate by the Superintendent, district staff will be referred to the Employee
Assistance Program
Disciplinary measures for district staff are addressed in, among other statutes,
Education Law Sections 1711(5)(e), 2508(5), 3020-a, 3031 and 913.
Staff Development
The Board recognizes that if the administrative, instructional, and
non-instructional staff are to be responsible for understanding, implementing and
modeling the district’s policy and regulation on student Drug and Alcohol Abuse, they
must be trained about the components of an effective alcohol and other substance
prevention programs. Staff training will be an ongoing process including the following:
1.
2.
3.
For all staff: (a) an understanding of why individuals use and abuse alcohol,
tobacco and other illegal substances, (b) their role in implementing this policy,
including how to identify students who exhibit high risk behaviors or who are
using/abusing alcohol and other substances, and how to refer these students to
the appropriate services established by this policy, (c) awareness of personal risk
factors for alcohol and other substance use/abuse so that they may identify
personal use/abuse problems and seek assistance, and (d) awareness of the
special needs of students returning from treatment.
Additionally for teachers: the knowledge and skills necessary to implement
the district’s K-12 alcohol and other substance prevention curricula.
For intervention staff: appropriate staff training for those identified to carry out
the intervention function to ensure that their assessment, individual, group, and
family counseling and referral skills support the needs of high risk, using and
abusing youth.
5312.1-R
4.
5.
For prevention staff: appropriate staff training to ensure that they have the
necessary knowledge and skills to support the application of prevention concepts
through programming targeted at the school, home and community.
Newly hired staff will receive copies of the policy and training in the areas
described in 1.
Implementation, Dissemination, and Monitoring
The Board directs the Superintendent to collaborate with district staff, parent(s)
or guardian(s), students, community members, organizations and agencies, including
alcohol tobacco and other illegal substance abuse service providers, in developing the
specific programs and strategies necessary to implement Board policy.
Upon adoption, copies of Board policy and this regulation will be distributed to
and reviewed with all district staff, students, and parent(s) or guardian(s) annually and
will be disseminated to the community through its organizations.
Adoption date: January 7, 2002
5312.2
DANGEROUS WEAPONS IN SCHOOL
No student shall have in his or her possession upon school premises any rifle,
shotgun, pistol, revolver, other firearm, knife, box cutter, dangerous chemical, explosive,
or any object which is not necessary for school activities and which could be used as a
weapon. A weapon is defined as any instrument capable of firing a projectile, the frame
or receiver of any such weapon, a firearm muffler or silencer, any explosive device, or
any other instrument capable of inflicting bodily harm.
Any student found guilty of bringing a firearm, as defined in section 921 of Title
18 of the United States Code* onto school property after a hearing has been provided
pursuant to section 3214 of the Education Law will be subject to at least a one-year
suspension from school. However, after this penalty has been determined, the
Superintendent of Schools will review the penalty and may modify such suspension on a
case-by-case basis. If the Superintendent believes a one-year suspension penalty to be
excessive, he/she may modify the penalty based on criteria including but not limited to:
1.
2.
3.
4.
5.
6.
the age of the student;
the student’s grade in school;
the student’s prior disciplinary record;
the Superintendent’s belief that other forms of discipline may be more effective;
input from parents, teachers and/or others; and
other extenuating circumstances.
The Superintendent shall refer any student, under the age of 16, who has been
determined to have brought a firearm to school to Family Court; students over the age of
16 will be referred to the appropriate law enforcement authorities.
Students with disabilities can only be suspended consistent with the provisions of
the Individuals with Disabilities Education Act and Article 89 of the Education Law.
Authorized law enforcement officers are the only people permitted on school
property to have a weapon in their possession.
An exception to the prohibition set forth in this policy may be made with prior
approval and arrangements made with the Building Principal, in an instance where a
weapon is part of a dramatic or music performance, or is used as an artifact in an
instructional unit.
* According to section 921, a firearm includes any weapon which will or is designed to
or may readily be converted to expel a projectile by the action of an explosive; the frame
or receiver of any such weapon; and any explosive, incendiary or poison gas including
bombs, grenades, rockets or similar devices. Included within the definition of weapon,
but not limited to the definition, are switchblade knives, gravity knives, pilum ballistic
knives, cane swords, electronic dart guns, stun guns, chukka sticks and Kung-Fu stars.
Not included in this definition are antique firearms, Class-C fireworks and rifles which
are used as part of a school’s hunting or rifle clubs or military education. The
aforestated enumeration of weapons is not intended to be exhaustive but merely
illustrative.
Cross-ref:
4321, Students with Disabilities
5313.3, Student Suspension
5313.3-R, Student Suspension Regulation
5330, Searches and Interrogations
8135, Safe Schools
5312.2
Ref:
Gun Free Schools Act of 1994, 20 USC §§3351; 8921; 8922
18 USC §921
20 USC §§1400 et seq. (IDEA)
Education Law §3214(3)
Education Law §§4402 et seq. (Article 89)
Honig v. Doe, 108 S. Ct. 592 (1988)
Guidelines Concerning State and Local Responsibilities under the Gun-Free
Schools Act of 1994, National School Boards Association, January 19, 1995
Adoption date: January 7, 2002
5312.3
SMOKING
The Board of Education, recognizing the health hazards associated with
smoking, expressly prohibits smoking or other use of tobacco-related products by
students or staff at any time in school buildings, on school grounds and during schoolsponsored activities. Violators will be subject to disciplinary penalties.
The Board policy on smoking will be prominently posted in each school
building. No smoking signs will be prominently posted in all public areas and
classrooms.
The Building Principal shall be responsible for the enforcement of this policy in
his/her school building.
Cross-ref:
Ref:
1530, Smoking on School Premises
4317, Teaching About Drugs, Alcohol, Tobacco
9330, Smoking on School Premises by Staff Members
The Pro-Children Act of 1994, 20 U.S.C. §6081 et seq.
Public Health Law Article 13-E §§1399-n et seq.
Adoption date: January 7, 2002
5313
PENALTIES
The range of penalties which may be imposed for violations of the student
disciplinary code includes the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
verbal warning
written warning
written notification to parent(s) or guardian(s)
probation
reprimand
detention
suspension from transportation
suspension from athletic participation
suspension from social or extracurricular activities
suspension of other privileges
exclusion from a particular class
in-school suspension
involuntary transfer
suspension
restitution
Counseling, although not considered a penalty, may be an alternative to the
imposition of a penalty, provided that such counseling is formally procured through the
Guidance Office.
Depending upon the nature of the violation, it is the desire of the Board of
Education that student discipline be progressive, i.e., a student's first violation should
merit a lighter penalty than subsequent violations. It is also the Board's desire that staff
members imposing such penalty take into account all other relevant factors in
determining the appropriate penalty. The above penalties may be imposed either alone
or in combination. Such penalties may be imposed by the Superintendent of Schools or
with his/her permission.
Initiation of a Student Disciplinary Proceeding
Any teacher, administrator, Board member, parent(s) or guardian(s) or other
person may report a violation of the student disciplinary code to the Building Principal or
his/her designee. He/She may then make an investigation of the charges as deemed
appropriate and institute an informal or disciplinary proceeding, and/or make a referral to
the Committee on Special Education, as deemed necessary.
When discipline administered by a classroom teacher does not result in
acceptable student behavior, the teacher should file a written report with the Building
Principal, who will then take the following action:
1.
2.
3.
Initial Infraction - conference with Building Principal or his/her designee and
teacher concerned.
Repeated Referral to Principal - conference with Building Principal or his/her
designee, teacher, student and student's parent/guardian.
Suspension - If the severity of the situation warrants, or the student is a habitual
offender, the school authorities may suspend the student or students involved, as
outlined in policy 5313.3, Suspension.
5313
This policy and the Board's rules and regulations for the maintenance of public
order on school property will be publicized and explained by the teaching staff to all
students and provided in writing to all parent(s) or guardian(s) on an annual basis. In
order to ensure the effectiveness of this student discipline code, the Board requests the
continuing assistance of parent(s) or guardian(s) in explaining and enforcing the code.
Student handbooks will be made available each year for the entire student population.
The Board recognizes a student's right to a Superintendent's hearing before a
suspension from attendance in excess of five days and the right to an appeal of such a
suspension to the Board pursuant to Education Law §3214 and Policy 5313.3, Student
Suspension.
If a criminal offense has been committed (i.e., false fire alarm, vandalism, use
and possession of weapons) the police will be notified. All infractions of the student
discipline code and/or public law will be subject to disciplinary proceedings as outlined
in 5313.3, Student Suspension.
Cross-ref:
5310, Student Discipline
5313.1, Detention
5314, Corporal Punishment Complaints
8135, Safe Schools
Adoption date: January 7, 2002
5313.1
DETENTION
The Board of Education believes that detention is an viable method of discipline
for students. A student who violates the student disciplinary code may be assigned
detention by the school office or any member of the faculty. The student must have
transportation home. No student shall be detained after school hours unless written
permission is received from the parent or guardian.
Cross-ref:
5311, Student Rights and Responsibilities
5313, Penalties
Adoption date: January 7, 2002
5313.2
IN-SCHOOL SUSPENSION
The Board of Education recognizes the importance of school attendance.
Therefore, suspension from school must be viewed as a last resort in dealing with student
disciplinary infractions. The Board also recognizes the need to remove unruly or
disruptive students from the regular class so that learning can take place in the
classrooms.
The Board directs the Superintendent of Schools to develop an in-school
suspension program. The program should provide appropriate supervision in the inschool suspension rooms and guidelines for the imposition of an in-school suspension.
Cross-ref:
Ref:
5313.3, Student Suspension
8135, Safe Schools
Matter of Forster, 31 EDR 443 (1992)
Matter of Watts, 23 EDR 459 (1984)
Adoption date: January 7, 2002
5313.2-R
IN-SCHOOL SUSPENSION REGULATION
Students may be assigned to in-school suspension for a specified period of time. Students
may not attend classes during this time unless a special request is made by a teacher and that request
is approved by an administrator.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
At the discretion of the Building Principal, a student who would otherwise be subject to a
suspension from attendance as the result of a disciplinary infraction may be placed on inschool suspension for a period not to exceed five school days.
Prior to the imposition of an in-school suspension, the Building Principal shall provide the
student with an opportunity to explain the facts and circumstances surrounding the alleged
infraction leading to the imposition of an in-school suspension.
Upon imposition of an in-school suspension, the student's parent(s) or guardian shall be
notified of the dates of the in-school suspension and a description of the incident(s) which
resulted in the in-school suspension.
The student's teachers will be notified in writing that alternative instruction assignments for
the period of in-school suspension should be provided to the student and or sent to the inschool suspension room.
The suspended student shall report at the beginning of the next school day following the
designation of an in-school suspension room. He/She must come prepared with books,
materials and alternative instruction assignments.
The student will remain in the in-school suspension room during the full school day with
appropriate breaks at mid-morning and mid-afternoon. He/She must be prepared to work the
entire day.
The in-school suspension room will retain an atmosphere of quiet, conducive to study, with
strict rules of behavior.
The in-school suspension teacher(s) will enforce the rules of behavior in the in-school
suspension room and will render tutorial assistance where possible. If necessary, the subject
teacher will be contacted for assistance. The teacher will also be alert to student behaviors or
problems which may require referral to the Committee on Special Education, school
psychologist, guidance counselor, or other professional. The teacher will also, where
appropriate, recommend steps to improve a student's behavior.
Completed assignments will be turned in to the in-school suspension teacher. Students are
encouraged to attend extra help after school where needed.
No more than 15 students will be assigned to one in-school suspension teacher during inschool suspension.
Failure to conform with these regulations will result in mandated detention, extended inschool suspension or out-of-school suspension.
Adoption date: January 7, 2002
Revision adopted: March 22, 2010
5313.3
STUDENT SUSPENSION
The Board of Education, the Superintendent of Schools and Building Principals
will have the power to suspend a student who, in their judgement, is insubordinate or
disorderly, or whose conduct endangers the safety, morals, health or welfare of others, or
whose physical or mental condition endangers the health, safety or morals of
himself/herself or of others for periods not to exceed five school days. The Board and/or
Superintendent may also suspend a student for longer than five days. In such cases, the
Superintendent and/or Building Principal will immediately provide written notification
of the suspension to the student's parent(s) or guardian(s) and will afford the opportunity
for a hearing with respect to the basis of such suspension. The notice and hearing will
comply with the Education Law and Commissioner's Regulations as outlined in the
related regulation, 5313.3-R.
A student of compulsory attendance age will be offered alternative instruction in
the event that he/she is suspended from regular instruction.
Cross-ref:
Ref:
4321, Programs for Students with Disabilities
5020.3, Students with Disabilities Pursuant to Section 504
5310, Student Discipline
5311.3, Student Complaints and Grievances
5312.2, Dangerous Weapons in School
5313.2, In-School Suspension
8135, Safe Schools
Education Law §3214
Adoption date: January 7, 2002
5313.3-R
STUDENT SUSPENSION REGULATION
The following procedural elements are applicable to the initiation and processing
of student suspensions. A student who is insubordinate or disorderly, or whose conduct
endangers the safety, morals, health or welfare of others, or whose physical or mental
condition endangers the health, safety or morals of himself/herself or of others, may be
suspended.
1.
2.
3.
4.
5.
The Board of Education retains its authority for the suspension of students. The
Building Principals shall have the authority to suspend students for sufficient
reason for a period not to exceed five days. Suspensions shall be immediately
reported through the Superintendent of Schools to the Board. Any professional
staff member may, however, initiate a recommendation for suspension to the
Superintendent/Building Principal. Such a recommendation shall be in writing
unless the conditions underlying the recommendation warrant immediate and
expeditious attention. Even in such cases a written report is to follow.
The Superintendent/Building Principal, upon receipt of a recommendation for
suspension, or in processing a case for suspension, shall gather the facts relevant
to the matter and shall record them for subsequent presentation, if necessary.
If a suspension of five days or less is determined to be the appropriate form of
disciplinary action, the Superintendent/Building Principal shall immediately
notify the student orally or in writing, and shall immediately notify the student's
parent(s) or guardian(s) in writing that the student has been suspended from
school. Written notice shall be provided by personal delivery, express mail
delivery, or equivalent means reasonably calculated to assure receipt of the
notice within 24 hours of the suspension at the last known address(es) of the
parent(s) or guardian(s). If possible, such notice will also be provided by
telephone. The notice shall provide a description of the charges against the
student, and the incident(s) which resulted in the suspension, and shall inform
the parent(s) or guardian(s) of their right to request an immediate informal
conference with the Superintendent/Building Principal. Both the notice and
informal conference shall be in the dominant language or mode of
communication used by the parent(s) or guardian(s). At this conference, the
parent(s) or guardian shall be permitted to ask questions of complaining
witnesses under such procedures as may be established by the
Superintendent/Building Principal. After the conference, the Superintendent/
Building Principal shall promptly advise the parent(s) or guardian of his/her
decision and that they may appeal the decision to the Board.
Where a student is suspended, he/she will be provided with alternative
instruction off-campus or on campus under the in-school suspension program
according to the regulations approved by the Superintendent.
If a student under the age of 16 is suspended, alternative means for instruction
will be provided for such student. As a general rule, an alternative program of
instruction will also be sought for any student 16 years of age or older who
presents a sincere desire to complete his/her high school education.
Suspension Procedures for Students with Disabilities
Students with disabilities should not be disciplined if their inability to conform to
the school's code of conduct is due to their disability.
5313.3-R
With the exception of the five day or less suspension, this regulation does not
apply to a student identified as having a disability(ies). All matters of discipline in cases
of suspensions of more than five days will be immediately referred to the CSE for review
and modification, if appropriate, of such student's Individualized Education Program
(IEP). If there is any doubt as to whether the behavior is directly related to the student's
disability, the case will be referred to the CSE immediately. The CSE will decide if
counseling or disciplinary action will be taken and/or if a change of placement is
appropriate.
Pending the outcome of appeal procedures related to such modification, if the
behavior of a student endangers the health and safety of himself/herself or others, the
Superintendent will seek parental consent or, if appropriate, a court order for immediate
alternative placement of the student.
Cross-ref:
Ref:
5311.1 Student Due Process Rights
5312.2 Dangerous Weapons in School
Education Law §3214
8 NYCRR §100.2(l)(iv)
Honig v. Doe, 108 S. Ct. 592 (1988)
Adoption date: January 7, 2002
5314
CORPORAL PUNISHMENT COMPLAINTS
The Board of Education asserts that corporal punishment is not a desirable
method of enforcing decorum, order or discipline. The Board prohibits the use of
corporal punishment by district employees.
1.
2.
3.
No teacher, administrator, officer, employee or agent in the district shall use
corporal punishment against a student.
As used in this section, corporal punishment is defined as the use of physical
force for the purpose of punishing a student, except as otherwise provided in
subdivision 3.
Nothing contained in this section shall be construed to prohibit the use of
reasonable physical force for the following purposes:
a.
b.
c.
d.
to protect oneself from physical injury;
to protect another student or teacher or any other person from physical
injury;
to protect district property or the property of others;
to restrain or remove a student whose behavior is interfering with the
orderly exercise and performance of district functions, powers or duties,
if that student has refused to comply with a request to refrain from
further disruptive acts.
The above exceptions are permissible, provided that alternative procedures and
methods not involving the use of physical force cannot reasonably be employed
to achieve the same purposes.
Investigation of Complaints
Any complaint about the use of corporal punishment shall be submitted in
writing to the Superintendent of Schools. The Superintendent shall investigate the
complaint to determine whether an incident actually took place, and if so, to determine
the identity of the person or persons who administered the punishment, the identity of the
student or students punished, reasons for the action and any other relevant facts or
circumstances. Results of this investigation will be forwarded to the Board of Education
upon completion of the investigation.
Reports to Commissioner of Education
Reports shall be submitted to the Commissioner of Education on or before
January 15th and July 15th of each year concerning complaints about the use of corporal
punishment during the six-month reporting period. Such reports shall set forth the
substance of each complaint, the results of the investigation and the action, if any, by the
district.
Cross-ref:
Ref:
5313, Penalties
5460, Child Abuse, Maltreatment or Neglect in a Domestic Setting
8 NYCRR §100.2(l)(3)
Rules of the Board of Regents §19.5
Adoption date: January 7, 2002
5320
STUDENT CONDUCT ON SCHOOL BUSES
The Board of Education believes it is crucial for students to behave appropriately
while riding on district buses, to ensure their safety, that of other passengers, and the
fewest possible distractions for bus drivers.
Some students are eligible for district transportation. While the law requires the
district to furnish transportation for such students, it does not relieve parent(s) or
guardian(s) of the responsibility for supervision until such time as the child boards the
bus in the morning and after the child leaves the bus at the end of the school day. Only
after a child boards the bus does he/she become the responsibility of the district. Such
responsibility shall end when the child is delivered to the regular bus stop at the close of
the school day.
In view of the fact that a bus is an extension of the classroom, the Board will
require students to conduct themselves when riding a school bus in a manner consistent
with established standards for classroom behavior. Uniform disciplinary procedures will
be developed by the Superintendent of Schools with the advice of the Building Principals
and transportation personnel. The procedures will then be effectuated by the
Superintendent and enforced by the Principals.
Children who become a serious disciplinary problem may have their riding
privileges suspended by the Principal. In such cases, the parent(s) or guardian(s) of the
children involved become responsible for seeing that their children get to and from
school safely. Should the suspension from transportation amount to a suspension from
attendance, the school district will make appropriate arrangements to provide for the
student's education. Any such suspension shall be in accordance with the provisions of
the Education Law.
Cross-ref:
Ref:
4315.2, Safety Education
8135, Safe Schools
8410, Student Transportation
8414.4, Video Cameras on School Buses
Education Law §3635
Matter of Hale, 30 EDR 26 (1990)
Adoption date: January 7, 2002
5320-R
STUDENT CONDUCT ON SCHOOL BUSES REGULATION
Loading the Bus
A student shall:
1.
2.
3.
get on the bus quickly and be seated at once (unless seats are not available);
proceed toward the rear of the bus if seats are not available, remain standing in
the middle aisle, and grasp a seat bar firmly before the bus begins to move; and
listen carefully and obey any directions issued by the driver.
Riding the Bus
A student shall:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
not eat food on the bus;
not throw anything in the bus or out the windows;
avoid extending his/her arms or any other body parts out of windows or into the
aisles;
not change seats while the bus is moving (a school bus cannot be put in motion
until all students are seated);
refrain from shouting and making any other excessive noise that may distract the
driver and lead to a serious accident;
help keep the bus clean and sanitary;
be courteous to others;
listen carefully and obey any directions given by the driver;
remain on the bus until it arrives at school;
not be discharged except at stops regularly designated by the school
administration;
be allowed to disembark from the bus in the afternoon prior to arriving at his/her
authorized bus stop only with written authorization;
be under the authority of and directly responsible to the driver of the bus;
be denied transportation on a school bus if his/her conduct is continuously
disorderly or if he/she persistently refuses to obey the authority of the driver;
not engage in unnecessary conversation with the driver while the bus is in
motion;
not smoke in a school bus, and be aware that smoking is prohibited in or on
school property;
not transport or consume intoxicating liquor/illegal drugs in a school bus;
not transport animals in a school bus;
not transport weapons of any sort at any time in a school bus;
not be allowed to occupy a position in a school bus that interferes with the vision
of the driver to the front, to either side, or through the mirror to the rear as he/she
operates the bus;
be encouraged to use seats in the rear of the bus if they are to leave the bus last;
not deface or destroy any portion of the school bus; and
not tamper with safety exits
Unloading the Bus
A student shall:
1.
not leave his/her seat until the bus has come to a complete stop and the driver
has opened the door;
5320-R
2.
3.
4.
5.
obey any directions given by the driver;
leave the bus quickly and in a courteous manner without pushing others;
be sure to walk in front of the bus (never in back) at a distance of at least 10 feet
away from the bus if he/she must cross a street after leaving a bus (a student too
close to the front of the bus risks the driver not being able to see him/her, and a
serious accident could occur); and
be sure to observe all safety precautions as he/she travels from the bus stop to
home.
School Bus Penalties
Penalties for students who misbehave on the school bus will be handled in the
following manner:
1.
2.
3.
4.
The bus driver shall make an attempt to correct any discipline problems by
asking the student(s) to behave and, if necessary, to assign seats to those
students. If, in the judgment of the bus driver, a severe infraction occurs, a bus
discipline report will be completed immediately.
After three verbal warnings for minor infractions have been given to the student
by the bus driver, the “Discipline Checklist” must be completed and sent to the
Building Principal. The Principal or his/her designee may notify the parents of
the complaint if he/she deems it necessary. The action taken by the Principal
will be noted on the checklist, a copy of which will be sent to the bus driver.
Another copy will be retained by the Principal.
If a fourth offense occurs, the “Chronic or Severe Bus Discipline Report” must
be completed and sent to the Principal. Upon receiving this report, the Principal
or his/her designee will contact the parents by telephone and letter and he/she
may suspend the student from riding the bus. If the student is suspended, a
conference must be held with the parents before the suspension is lifted. The
action taken by the Principal will be noted on this report, a copy of which will be
sent to the bus driver. Another copy will be retained by the Principal.
If a fifth offense occurs, another “Chronic or Severe Bus Discipline Report” will
be completed and sent to the Principal. After this report is received, the student
will be automatically suspended from riding the bus and a conference must be
held with the parents before the suspension is lifted. The action taken by the
Principal will be noted on this report, a copy of which will be sent to the driver
and a copy will be kept by the Principal.
Adoption date: January 7, 2002
5330
STUDENT SEARCHES AND INTERROGATIONS
The Board of Education is committed to ensuring an atmosphere on school property and at
school functions that is safe and orderly. To achieve this kind of environment, any school official
authorized to impose a disciplinary penalty on a student may question a student about an alleged
violation of law or the district code of conduct. Students are not entitled to any sort of "Miranda"type warning before being questioned by school officials, nor are school officials required to contact
a student's parent before questioning the student. However, school officials will tell all students why
they are being questioned.
The Board authorizes the Superintendent of Schools, Assistant Superintendents, Building
Principals, Assistant Principals, the school nurse and district security officials to conduct searches of
students and their belongings, in most instances, with exceptions set forth below in A. and B., if the
authorized school official has reasonable suspicion to believe that the search will result in evidence
that the student violated the law or the district code of conduct.
An authorized school official may conduct a search of a student's belongings that is
minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so
long as the school official has a legitimate reason for the very limited search.
An authorized school official may search a student or the student's belongings based upon
information received from a reliable informant. Individuals, other than the district employees, will be
considered reliable informants if they have previously supplied information that was accurate and
verified, or they make an admission against their own interest, or they provide the same information
that is received independently from other sources, or they appear to be credible and the information
they are communicating relates to an immediate threat to safety. District employees will be
considered reliable informants unless they are known to have previously supplied information that
they knew was not accurate.
Before searching a student or the student's belongings, the authorized school official should
attempt to get the student to admit that he or she possesses physical evidence that they violated the
law or the district code, or get the student to voluntarily consent to the search. Searches will be
limited to the extent necessary to locate the evidence sought.
Whenever practicable, searches will be conducted in the privacy of administrative offices and
students will be present when their possessions are being searched.
A.
Student Lockers, Desks and other School Storage Places
The rules in this code of conduct regarding searches of students and their belongings do not
apply to student lockers, desks and other school storage places. Students have no reasonable
5330
expectation of privacy with respect to these places and school officials retain complete control over
them. This means that student lockers, desks and other school storage places may be subject to
search at any time by school officials, without prior notice to students and without their consent.
B.
Strip searches
The Board believes that intrusive searches which requires a student to remove any and/or all
clothing, to be a law enforcement duty conducted by police personnel in accordance with law and
that district personnel will support such duty by providing information as may be required for the
police and detaining such student in a secure area until as such time the police removes such student
from the school premises.
C.
Treatment of Cell Phones
Teachers and administrators are authorized to confiscate student cell phones that are being
used in violation of the code of conduct and/or Board of Education policy, Teachers and
administrators are permitted to look at the screen of the cell phone and can request the student’s
cooperation to search the cell phone further. Without a student’s permission, teachers and
administrators should not undertake a more extensive search until conferring with the Superintendent
or school attorney for guidance.
D.
Documentation of Searches
The authorized school official conducting the search shall be responsible for promptly
recording the following information about each search:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Name, age and grade of student searched.
Reasons for the search.
Name of any informant(s).
Purpose of search (that is, what item(s) were being sought).
Type and scope of search.
Person conducting search and his or her title and position.
Witnesses, if any, to the search.
Time and location of search.
Results of search (that is, what items(s) were found).
Disposition of items found.
Time, manner and results of parental notification.
The Principal or the Principal’s designee shall be responsible for the custody, control and
disposition of any illegal or dangerous item taken from a student. The Principal or his or her
designee shall clearly label each item taken from the student and retain control of the item(s), until
the item is turned over to the police. The Principal or his or her designee shall be responsible for
personally delivering dangerous or illegal items to police authorities.
5330
E.
Police Involvement in Searches and Interrogations of Students
District officials are committed to cooperating with police officials and other law
enforcement authorities to maintain a safe school environment. Police officials, however, have
limited authority to interview or search students in schools or at school functions, or to use school
facilities in connection with police work. Police officials may enter school property or a school
function to question or search a student or to conduct a formal investigation involving students only
if they have:
1.
2.
A search or an arrest warrant; or
Probable cause to believe a crime has been committed on school property or at a
school function.
Before police officials are permitted to question or search any student, the Principal or his or
her designee shall first try to notify the student’s parent to give the parent the opportunity to be
present during the police questioning or search. If the student’s parent cannot be contacted prior to
the police questioning or search, the questioning or search shall not be conducted, unless the student
is 16 years of age or older. The Principal or designee will also be present during any police
questioning or search of a student on school property or at a school function.
Students who are questioned by police officials on school property or at a school function
will be afforded the same rights they have outside the school. This means:
1.
2.
3.
F.
They must be informed of their legal rights.
They may remain silent if they so desire.
They may request the presence of an attorney.
Child Protective Services Investigations
Consistent with the district’s commitment to keep students safe from harm and the obligation
of school officials to report to child protective services when they have reasonable cause to suspect
that a student has been abused or maltreated, the district will cooperate with local child protective
services workers who wish to conduct interviews of students on school property relating to
allegations of suspected child abuse, and/or neglect, or custody investigations.
All requests by child protective services to interview a student on school property shall be
made directly to Principal or his or her designee. The Principal or designee shall set the time and
place of the interview. The Principal or designee shall decide if it is necessary and appropriate for a
school official to be present during the interview, depending on the age of the student being
interviewed and the nature of the allegations. If the nature of the allegations is such that it may be
necessary for the student to remove any of his or her clothing in order for the child protective
services worker to verify the allegations, the school nurse or other district medical personnel must be
present during that portion of the interview. No student may be required to remove his
5330
or her clothing in front of a child protective services worker or school district official of the opposite
sex.
A child protective services worker may not remove a student from school property without a
court order, unless the worker reasonably believes that the student would be subject to danger of
abuse if not he or she were not removed from school before a court order can reasonably be
obtained. If the worker believes the student would be subject to danger of abuse, the worker may
remove the student without a court order and without the parent’s consent.
Ref:
Safford Unified School District #1 et al. v. Redding, 129 S. Ct. 2633 (2009)
Vassallo v. Lando, 591 F.Supp.2d 172 (E.D.N.Y. (2008)
Phaneuf v. Fraikin 448 F.3rd 591 (2006)
New Jersey v. TLO, 469 U.S. 325 (1985)
In re Gregory, 82 N.Y.2d 588 (1993)
People v. Scott D., 34 N.Y.2d 483 (1974)
People v. Singletary, 37 N.Y.2d 310 (1975))
People v. Overton, 20 N.Y.2d 360 (1969)
M.M. v. Anker, 607 F.2d 588 (2d Cir. 1979)
Opinion of Counsel, 1 EDR 800 (1959)
Adoption date: January 7, 2002
Revision adopted: October 5, 2015
5400
STUDENT WELFARE
The Board of the Education is concerned with the educational, emotional, social and physical
development and growth of all students in the school district. Therefore, the district shall promote
student welfare through medical services, psychological services, social services and support services.
Adoption date: January 7, 2002
5405
STUDENT WELLNESS
Given the documented connection between proper nutrition, adequate physical activity and
educational success, the Board of Education adopts the following goals and authorizes the following
actions to provide district students with a school environment that promotes student health and
wellness and reduces childhood obesity.
For purposes of this policy, “school campus” means all areas of district property accessible to
students during the school day; “school day” means the period from the midnight before to 30
minutes after the end of the official school day; and “competitive food” means all food and
beverages other than meals reimbursed under federal food programs available for sale to students on
the school campus during the school day.
I.
Foods and Beverages Available for Sale to Students on School Campus During the School
Day
The Board recognizes that a nutritious, well-balanced, reasonably- portioned diet is essential
for student wellness. To help students possess the knowledge and skills necessary to make nutritious
food choices for a lifetime, the district shall ensure that all foods and beverages available in school
promote good nutrition, balance, and reasonable portion sizes. The district shall ensure that all foods
and beverages available for sale to students on the school campus during the school day meet or
exceed the program requirements and nutrition standards found in federal regulations.
To accomplish this, the Board directs that the district serve healthy and appealing foods and
beverages at district schools, following state and federal nutrition guidelines, as well as safe food
preparation methods.
School Meals – the district shall:
1. Include fruits, vegetables, salads, whole grains, and low fat items at least to the extent required
by federal regulations.
2. Encourage students to try new or unfamiliar items.
3. Make efforts to ensure that families are aware of need-based programs for free or reduced-price
meals and encourage eligible families to apply.
4. Consider serving produce and food from local farms and suppliers.
5. Make free drinking water available at locations where meals are served.
Meal Scheduling – the district shall:
1. Provide adequate time to eat.
2. Schedule lunchtime between normal lunch hours.
5405
Foods and Beverages Sold Individually (e.g., a la carte, vending machines, school stores) – the
district shall:
1. Ensure that all such items meet the nutrition standards set in federal regulations for competitive
foods regarding whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar,
sodium, and caffeine.
2. Permit the sale of fresh, frozen or canned fruits and vegetables, if processed pursuant to federal
regulations, as exempt from the nutrition standards.
3. Work with existing vendors or locate new vendors that will comply with nutrition standards.
Fund-Raising Activities – the district shall:
1. Ensure that all fundraisers selling food or beverages to students on school campus during the
school day meet the nutrition standards set in federal regulations for whole grains, fruits,
vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine.
2. Promote non-food items to sell, or activities (physical or otherwise) in which to participate.
Celebrations – the district shall:
1. Set guidelines for the frequency and content of classroom and school-wide celebrations where
food is served.
2. Promote the use of food items which meet the standards for competitive foods and beverages,
and promote non-food activities, and discourage foods and beverages which do not meet those
standards, at celebrations.
3. Model the healthy use of food as a natural part of celebrations.
II.
Physical Activity
Physical activity is an important factor in staying healthy and being ready to learn. The
Board encourages every student to develop the knowledge and skills necessary to perform a variety
of physical activities, to regularly participate in physical activity, and to appreciate and enjoy
physical activity as an ongoing part of a healthy lifestyle. In addition, staff, families, and community
are encouraged to participate in and model physical activity as a valuable part of daily life. The
district’s Physical Education program shall adhere to the curricular requirements of the
Commissioner of Education and the New York State Learning Standards.
Physical Education
1.
Students shall engage in physical education for at least the minimum number of hours or
days per week under State requirements.
2.
Physical Education classes shall incorporate the appropriate NYS Learning Standards.
3.
Promote, teach and provide opportunities to practice activities that students enjoy and can
pursue throughout their lives (e.g., yoga, fitness walking, step aerobics).
4.
The performance of physical activity shall not be used as a form of discipline or punishment.
5405
Recess
1.
Maintain daily allotment of recess time for elementary school.
2.
Consider scheduling recess before lunch.
3.
If the district is under severe time or space constraints, consider combining recess and
Physical Education, though such activity must comply with the requirements for Physical
Education under Commissioner’s Regulations section 135.4.
Physical Activity in the Classroom
1.
Promote the integration of physical activity in the classroom.
2.
If the district is under severe time or space constraints, consider meeting the state
requirements for Physical Education through collaborative and integrative in-classroom activity,
under the supervision of a Physical Education teacher.
Extracurricular Opportunities for Physical Activity
1.
Promote clubs and activities that meet the various physical activity needs, interests, and
abilities of all students (e.g., walking, hiking and climbing, snowshoeing).
III.
Nutrition Promotion and Education
The Board believes that nutrition promotion and education is a key component in introducing
and reinforcing healthy behaviors in students. Nutrition promotion and education that teaches the
knowledge, skills, and values needed to adopt healthy eating behaviors shall be integrated into the
curriculum. Nutrition promotion and education information shall be offered throughout the school
campus including, but not limited to, school dining areas and classrooms.
Staff members who provide nutrition promotion and education shall be appropriately
certified and trained. The district’s broader Health Education program shall incorporate the
appropriate New York State Learning Standards.
The Board’s goals for nutrition promotion and education include that the district will:
1.
2.
3.
4.
5.
Include nutrition education as part of not only health education classes, but also classroom
instruction in subjects such as math, science, language arts, social sciences and elective subjects.
Include enjoyable, developmentally appropriate, culturally relevant, participatory activities,
such as contests, promotions, taste testing, farm visits, and school gardens.
Promote fruits, vegetables, whole grain products, low fat dairy products, safe and healthy food
preparation methods, and health enhancing nutrition practices.
Emphasize caloric balance between food intake and energy expenditure.
Teach media literacy with an emphasis on food marketing.
5405
IV.
Other School-Based Activities
The district may implement other appropriate programs that help create a school environment
that conveys consistent wellness messages and is conducive to healthy eating and physical activity.
Such activities may include, but are not limited to, health forums or fairs, health newsletters, parent
outreach, employee health and wellness activities, limiting the use of food as a reward, reviewing
food marketing and advertising in school, and hosting or promoting community-wide events..
Implementation
The Board shall designate one person as District Wellness Coordinator to be responsible for
ensuring that the provisions of this policy are carried out throughout the district.
Monitoring and Review
The District Wellness Coordinator shall report periodically to the Board and the public on the
implementation and effectiveness of this policy. Every two years, the District Wellness Coordinator,
in consultation with appropriate personnel and advisory committees, shall monitor and review the
district’s wellness activities to determine whether this policy is having a positive effect on increasing
student wellness and decreasing childhood obesity in the district. Based on those results, this policy,
and the specific objectives set to meet its goals, may be revised as needed.
Parents, students, food service professionals, physical education teachers, school health
professionals, school administrators, the general public, and the school board shall participate in the
development, implementation and periodic review and update of this wellness policy.
The district shall inform and update the public (including parents, students and others in the
community) about the content and implementation of this wellness policy.
The district shall monitor and review the implementation and effectiveness of this policy by
conducting:
1.
2.
3.
4.
5.
Periodic informal surveys of Building Principals, classroom staff, and school health
personnel to assess the progress of wellness activities and their effects.
Periodic checks of the nutritional content of food offered in the cafeterias for meals and a la
carte items, and sales or consumption figures for such foods.
Periodic checks of the nutritional content of food available in vending machines, and sales or
consumption figures for such foods.
Periodic checks of the amount of time students spend in Physical Education classes, and the
nature of those activities.
Periodic checks of extracurricular activities of a physical nature, in the number of offerings
and rates of participation by students.
5405
6.
7.
8.
a.
b.
c.
d.
e.
f.
9.
10.
Ref:
Periodic checks of student mastery of the nutrition education curriculum.
Periodic completion of relevant portions of the CDC School Health Index.
Periodic review of data currently collected by the district, including:
attendance data, particularly absences due to illness;
test scores;
rates of suspension, discipline, and violent incidents;
physical education scores on flexibility, endurance, and strength (i.e., fitness test results);
student BMI (Body Mass Index) statistics, as collected in accordance with the State
Department of Health efforts; and
revenues generated from vending machines and a la carte food items.
Periodic surveys of student/parent opinions of cafeteria offerings and wellness efforts.
Periodic review of professional staff development offered which focuses on student wellness.
P.L. 111-296 (The Healthy, Hunger-Free Kids Act of 2010)
P.L. 108-265 (Child Nutrition and WIC Reauthorization Act of 2004)
42 USC §§1758(f)(1); 1766(a) (Richard B. Russell National School Lunch Act)
42 USC §1779 (Child Nutrition Act)
7 CFR §210.10; 210.11; 210.11a (National School Lunch Program participation
requirements – standards for lunches, snacks, and competitive foods)
7 CFR §220.8 (School Breakfast Program participation requirements – nutrition standards)
8 NYCRR Part 135 (Health and Physical Education curricular requirements); §114.1 (School
Breakfast Program Requirements)
Appeal of Phillips, 37 EDR 204 (1997) (dec. no. 13,843)
Appeal of Williams, 32 EDR 621 (1993) (dec. no. 12,934)
Adoption date: July 10, 2006
Revision adopted: October 6, 2014
5410
STUDENT ACCIDENT INSURANCE
Student accident insurance will be provided by the school district for all students. The
specific limits of the coverage are listed in certificates of insurance covering each student.
Generally, the district plan provides for coverage when a student is in a District building, on school
property, or while riding on a school bus. .
All after-school activities as well as intramural and interscholastic athletics are covered.
In the event of a student accident, the parent’s insurance will serve as the primary insurance
coverage. The school district accident insurance becomes secondary.
Adoption date: January 7, 2002
Revision adopted: June 7, 2010
5415
STUDENT AID PROGRAMS
The Board of Education empowers the Superintendent of Schools to render financial aid to those students
who require such aid for a particular school function that is an integral part of the district’s educational program.
Ref: Appeal of Christie
Adoption date: January 7, 2002
5420
STUDENT HEALTH SERVICES
The Board of Education recognizes that good student health is vital to successful learning and
acknowledges its responsibility, along with that of parent(s) or guardian(s), to protect and foster a safe and
healthful environment for the students.
The school shall work closely with students' families to provide detection and preventive health
services. In accordance with law, the school will provide vision, hearing, dental inspection and scoliosis
screening. Problems shall be referred to the parent(s) or guardian(s) who shall be encouraged to have their
family physician/dentist provide appropriate care.
In order to enroll in school a student must submit a health certificate within 30 calendar days after
entering school, and upon entering second, fourth, seventh and tenth grades. The examination, which must
conform to state requirements, must have been conducted no more than 12 months before the first day of the
school year in question. If a student is unable to furnish the health certificate, the school will provide a
physical examination by a licensed provider. A request for exemption from the physical examination, or the
requirement to provide a health certificate, must be made in writing to the school principal or designee, who
may require documents supporting the request. The only basis for exemption is a claim that the physical
examination is in conflict with the parent or guardian’s genuine and sincere religious belief.
In order to enroll in school, students must also furnish documentation of required immunizations
against certain communicable diseases, as set forth in state law and regulations, unless exempted from
immunizations for medical or religious reasons as permitted by state law and regulation.
The Board recognizes that the State of New York may authorize and require the collection of data
from health certificates in furtherance of tracking and understanding health care issues that affect children.
The Board supports these efforts and expects administrators to cooperate and to observe the appropriate laws
and regulations in carrying out those responsibilities, including those that relate to student privacy.
In addition, students will be asked to provide a dental health certificate when they enroll in school
and in accordance with the same schedule as the health certificate.
A permanent student health record shall be part of a student's cumulative school record and should
follow the student from grade to grade and school to school along with his/her academic record. This record
folder shall be maintained by the school nurse.
Schools shall also provide emergency care for students in accidental or unexpected medical
situations. The district will stock epinephrine auto-injectors. Pursuant to Public Health Law §3000-c, the
district will establish a collaborative agreement with an emergency health care provider to institute written
protocols and procedures for the use of non-patient specific epinephrine auto-injectors. The district shall
ensure that designated staff are properly trained. Each school in the district will include in its emergency
plan a protocol for responding to health
5420
care emergencies, including anaphylaxis, and head injury. Parents/guardians will be notified of any
emergency medical situation as soon as is practicable. Parents/guardians will receive notification of nonemergent medical situations that have been reported to the nurse in a timely manner.
The District permits emergency administration of opioid antagonists, such as Naloxone, by trained
responders and the school nurse to prevent opioid overdose.
Communicable Diseases
It is the responsibility of the Board to provide all students with a safe and healthy school
environment. To meet this responsibility, it is sometimes necessary to exclude students with contagious and
infectious diseases, as defined in the Public Health Law, from attendance in school. Students will be
excluded during periods of contagion for time periods indicated on a chart developed by the school nurse.
During an outbreak of these communicable diseases, if the Commissioner of Health or his/her
designee so orders, the district will exclude students from school who have an exemption from
immunization or who are in the process of obtaining immunization.
It is the responsibility of the Superintendent of Schools, working through district health personnel, to
enforce this policy and to contact the county or local health department when a reportable case of a
communicable disease is identified in the student or staff population.
Administering Medication to Students
Neither the Board nor district staff members shall be responsible for the diagnosis or treatment of
student illness. The administration of prescribed medication to a student during school hours shall be
permitted only when failure to take such medicine would jeopardize the health of the student, or the student
would not be able to attend school if the medicine were not made available to him/her during school hours,
or where it is done pursuant to law requiring accommodation to a student's special medical needs (e.g.,
Section 504 of the Rehabilitation Act of 1973). “Medication” will include all medicines prescribed by an
authorized medical provider.
Before any medication may be administered to or by any student during school hours, the Board
requires:
1.
2.
the written request of the parent(s) or guardian(s), which shall give permission for such
administration and relieve the Board and its employees of liability for administration of medication;
and
the written order of the prescribing authorized medical provider, which will include the purpose of
the medication, the dosage, the time at which or the special circumstances under which medication
shall be administered, the period for which medication is prescribed, and the possible side effects of
the medication.
5420
3.
that in order for a student to carry and use a rescue inhaler, an epinephrine auto-injector, insulin, or
glucagon and associated testing supplies, written permission must be provided both by the parent and
the prescribing authorized medical provider in accordance with state law and regulation.
Students are allowed to carry and apply parentally provided sunscreen without a prescription from a
medical provider, assuming that the sunscreen is FDA approved and that the sunscreen is not treating a
medical condition. Parents need to provide the district with written permission for students to use sunscreen.
Permission slips and medical orders shall be kept on file in the office of the school nurse.
Life-Threatening Allergies and Anaphylaxis Management
The Board recognizes its role and responsibility in supporting a healthy learning environment for all
students, including those who have, or develop, life-threatening allergies. The district will work
cooperatively with the student, their parent/guardian and healthcare provider to allow the child to participate
as fully and as safely as possible in school activities. When a student has a known life-threatening allergy
reported on their health form or if the district has been informed by the parent of the presence of a lifethreatening allergy, the district will assemble a team, which may include the parent, the school nurse, the
child’s teacher, the building principal and other appropriate personnel, which will be charged with
developing an individual health care plan and/or an emergency action plan. The plan will be maintained by
the school nurse. The plan will guide prevention and response. If the student is eligible for accommodations
based upon the IDEA, Section 504 or the Americans with Disabilities Act, the appropriate procedures will
be followed regarding identification, evaluation and implementation of accommodations.
Training
Training to support the fulfillment of staff responsibilities in regard to student health services will be
provided as part of the district’s ongoing professional development plan and in conformity with
Commissioner’s regulations.
Regulations
The Superintendent shall develop comprehensive regulations governing student health services.
Those regulations shall include the provision of all health services required by law, procedures for the
maintenance of health records, and procedures for the administering of medication to students. The
Superintendent shall also develop protocols, in consultation with the district medical director and other
appropriate district staff, for the management of injury, with particular attention to concussion.
5420
Cross-ref:
Ref:
4321, Programs for Students with Disabilities
5020.3, Students with Disabilities and Section 504
5280, Interscholastic Athletics
5550, Student Privacy
8130, School Safety Plans and Teams
9700, Staff Professional Development
Education Law §§310 (provisions for appeal of child denied school entrance for failure to comply
with immunization requirements); 901 et seq. (medical, dental and health services, BMI reporting);
916 (student self-administration of rescue inhalers); 916-a (student self- administration of
epinephrine; 916-b (students with diabetes); 919 (provide and maintain nebulizers); 921 (epinephrine
auto-injectors; training of unlicensed personnel); ; 6909 (emergency treatment of anaphylaxis)
Public Health Law §§613 (annual survey); 2164 (immunization requirements); 3000-c (collaborative
agreements with emergency health care providers)
8 NYCRR § 64.7 (administration of agents to treat anaphylaxis); § 135.4 (Physical Education); Part
136 (school health services program)
10 NYCRR Part 66-1 (immunization requirements)
Administration of Medication in the School Setting Guidelines, State Education Department, revised
April 2002
Immunization Guidelines: Vaccine Preventable Communicable Disease Control, State Education
Department, revised August 2000
Making the Difference: Caring for Students with Life-Threatening Allergies, New York State
Department of Health, New York State Education Department, New York Statewide School Health
Service Center, June 2008
Concussion Management Guidelines and Procedures, www.nysphsaa.org
Adoption date: January 7, 2002
Revision adopted: June 20, 2011
Revision adopted: November 5, 2012
Revision adopted: October 21, 2013
Revision adopted: October 6, 2014
Revision adopted: October 5, 2015
Revision adopted: March 21, 2016
5420-R
STUDENT HEALTH SERVICES REGULATION
A.
Immunization Against Communicable Diseases
Under state Public Health Law 2164, in order to be enrolled in or attend district schools, children
must be fully immunized against certain communicable diseases. Those diseases are: poliomyelitis,
mumps, measles, diphtheria, rubella, varicella (chicken pox), Haemophilus influenzae type b (Hib),
pertussis, tetanus, pneumococcal disease, meningococcal disease, and hepatitis B.
“Fully immunized” means that the child has either (1) received the required vaccinations for these
diseases as set forth in state regulations; (2) for measles, mumps, rubella, hepatitis B, poliomyelitis, or
varicella only, shown immunity with a positive blood test for those disease antibodies; or (3) for varicella
only, has had the disease, verified by a physician, nurse practitioner, or physician’s assistant.
Children who are not fully immunized may only be admitted to school if they (1) are in the process
of receiving immunization or obtaining blood tests; or (2) have been granted a medical or religious
exemption.
Medical exemptions may be issued if immunization is detrimental to a child’s health. Medical
exemptions must either be (1) the medical exemption form issued by the New York State Department of
Health or the New York City Department of Health and Mental Hygiene, or (2) a statement signed by a
physician licensed to practice medicine in New York State indicating the specific immunization, the medical
contraindication, and the length of time the exemption is for. Medical exemptions must be reissued annually
to remain valid. The Building Principal may require supporting documents for medical exemptions.
Religious exemptions may be granted by the district upon either (1) a signed and completed Request
for Religious Exemption to Immunization created by the NYSED, or (2) a written and signed statement from
a parent/guardian stating an objection to immunization because of genuine and sincere religious beliefs
which prohibit immunization. The Building Principal may require supporting documents for religious
exemptions.
All students must present appropriate documentation of their immunization status, as set forth in the
Regulations of the Commissioner of Health 10 NYCRR Subpart 66-1.
The Building Principal may permit students without adequate documentation to attend school up to
14 calendar days while the parent/guardian furnishes the necessary documents. This time period may be
extended to 30 days for students transferring from another state or country, as long as they show a good faith
effort to obtain the necessary documentation.
District schools may access the New York State Immunization Information System (NYSIIS) or the
New York City Citywide Immunization Registry (CIR) to verify the immunization history of students
entering or registered in that school.
5420-R
When a child is excluded from school for immunization reasons, the Building Principal shall notify
the parent/guardian of their responsibility to have the child immunized, and the public resources available
for doing so. The Principal shall also notify the local health authority of the child’s name and address and
the immunization(s) the child lacks, and shall cooperate with that authority to provide a time and place for
the required immunization(s) to be administered.
The district will maintain a list of all students who have been exempted from immunization for
medical or religious reasons, or who are in the process of receiving immunization, and shall exclude such
students from school when so ordered by the Commissioner of Health, in the event of an outbreak in school
of the vaccine-preventable diseases listed in Public Health Law 2164 and the first paragraph of this section.
When a student transfers out of the district, the parent/guardian will be provided with an
immunization transfer record showing the student’s current immunization status which will be signed by the
school nursing personnel or the school physician. A transcript or photocopy of the immunization portion of
the cumulative health record will be provided to the new educational institution upon request.
B.
Administering Medication to Students in School
The administration of prescribed medication to a student during school hours is permitted only when
the medication is necessary to allow the student to attend school or failure to administer the medication
would seriously affect the student’s health.
Parent(s) or guardian(s) must present the following information:
1.
2.
a written order from a NYS licensed health care provider (e.g. physician, nurse practitioner or
physician assistant) containing the following information: student’s name, the date and name of the
medicine, dosage and time to be administered, and list of possible side effects; and
A written note from the parent/guardian giving appropriate licensed school personnel permission to
administer the medication to their child during school or for trained unlicensed personnel to assist
their child in taking their own medication
Students who may carry and use certain medications
Students are permitted to self-administer medication under certain circumstances, in accordance with
state law and regulation. A student is authorized to carry and use the following medications: rescue inhaler,
epinephrine auto-injector, insulin, glucagon (and associated diabetes testing supplies), if the following
conditions are met:
5420-R
1.
2.
An authorized medical provider must provide written permission that includes an attestation that the
student’s diagnosis requires the medication; the student has demonstrated that he/she can selfadminister the prescribed medication effectively; the name of the medication, the dose, the times
when it is to be taken, the circumstances which may warrant use and the length of time during which
the student may use it.
Written parental permission.
If a student is authorized to carry and use medication as described above, the parent/guardian is
permitted to give extra medication and supplies that the district will maintain in accordance with the written
directions submitted by the authorized medical provider. Such extra medication and supplies must be
readily accessible to the student.
These documents will be kept on file in the nurse’s office.
The school nurse shall develop procedures for the administration of medication, which require that:
1.
all medications will be administered by a licensed person unless the child is a “supervised student”
(able to self-administer with assistance and supervision) or an “independent student” (able to selfadminister and self-carry);
2.
medications, other than as noted above, shall be securely stored in the office and kept in their
original labeled container, which specifies the type of medication, the amount to be given and the
times of administration; the school nurse shall maintain a record of the name of the student to whom
medication may be administered, the prescribing physician, the dosage and timing of medication,
and a notation of each instance of administration; and
3.
all medications shall be brought to school by the parent(s) or guardian(s) and shall be picked up by
the parent(s) or guardian(s) at the end of the school year or the end of the period of medication,
whichever is earlier. If not picked up within five days of the period of medication, the medication
shall be discarded.
An adult must bring the medication to school in the original container. The administering staff
member should clearly label the medication with the time to be given and dosage.
Sunscreen. Students are permitted to carry and apply sunscreen without a medical provider’s order
under the following conditions:
1.
the sunscreen is used to avoid overexposure to the sun and not for medical treatment of an injury or
illness, if sunscreen is required to treat a medical condition, the procedures for administering
medication (above) apply;
2.
the sunscreen is FDA approved for over the counter use;
3.
the student’s parents or guardians provide written permission annually for the student to carry and
use the sunscreen.
5420-R
The school nurse will keep written permission for students on file and develop procedures pertaining to this
policy.
Administering medication on field trips and at after-school activities. Taking medication on field
trips and at after-school activities is permitted if a student is self-directed in administering their own
medication. On field trips or at other after-school activities, teachers or other school staff may carry the
medication so that the self-directed student can take it at the proper time.
If a student is going on a field trip but is not self-directed (i.e., fully aware and capable of
understanding the need and assuming responsibility for taking medicine), then the district may:
• permit the parent or guardian to attend the activity and administer the medication.
• permit the parent to personally request another adult who is not employed by the school to
voluntarily administer the medication on the field trip or activity and inform the school district in
writing of such request.
• allow the student’s health care provider to be consulted and, if he/she permits, order the medication
time to be adjusted or the dose eliminated.
If no other alternative can be found, a school nurse or licensed person must administer the
medication.
Administering epi-pen in emergency situations. The administration of epinephrine by epi-pen has
become an accepted and extremely beneficial practice in protecting individuals subject to serious allergic
reactions (e.g., individual has an anaphylactic reaction to a wasp sting or the ingestion of peanut butter).
Pursuant to Commissioner’s regulations, registered professional nurses may carry and administer
agents used in non-patient specific emergency treatment of anaphylaxis.
The district will stock epinephrine auto-injectors to be used on any student or staff member having
symptoms of anaphylaxis, whether or not there is a previous history of severe allergic reaction. Pursuant to
Public Health Law §3000-c, the district will establish a collaborative agreement with an emergency health
care provider to allow for use of epinephrine auto-injectors in district schools. The collaborative agreement
will outline the protocols and procedures for the use of the auto-injectors. The medical director shall
oversee the program; ensuring implementation of the terms of the collaborative agreement and that
designated staff are appropriately trained.
In addition, pursuant to SED guidelines, school nurses may provide training to unlicensed school
staff in administering epi-pens, epinephrine auto-injectors and glucagon prescribed by a licensed medical
provider, to a child who has been diagnosed with the associated disease in accordance with the process
described in this policy and regulation.
5420-R
C.
Student Medical Exams
In accordance with Sections 903 and 904 of the state Education Law, each student shall have a
physical exam given by the school doctor or licensed health provider (including a physician, physician
assistant or nurse practitioner) upon entrance to school and at grades pre-kindergarten or kindergarten, two,
four, seven and ten. Findings are to be kept on record at the school on forms that can be obtained from the
school nurse. In addition, the school will request a dental health certificate according to the same schedule.
A student may be excluded from the medical examination requirements because the child’s
parent/guardian holds a genuine and sincere religious belief which is contrary to medical examinations. The
request for exemption must be in writing to the principal or his/her designee.
In the event that the student’s medical history reveals that they have a known life-threatening allergy,
the school nurse, in conjunction with the family, student, child’s teacher, and other appropriate staff, will
develop and implement an individual health care plan which will guide prevention and response.
The district will work with students in the self-management of their life-threatening allergy, or other
chronic health conditions, by:
1.
2.
3.
4.
Adequately training staff involved in the care of the child.
Assuring the availability of the necessary equipment and/or medications.
Providing appropriately licensed and trained persons on school premises, as required by law.
Providing ongoing staff and student education.
D.
Illness or Injury in School
If a student becomes ill or injured in school:
1.
2.
3.
4.
5.
6.
The nurse will determine if the student should receive further medical attention, remain in the
dispensary or return to class.
The nurse will call the parent, guardian or designated emergency contact if he/she feels the student
should go home. In general, a parent or guardian will pick up the student from school.
The nurse will contact the Building Principal if he/she feels the child should be transported by bus to
the home.
If there is to be a change in bus routing in order to carry the student to his/her home, that decision
will be made by the administrator and the transportation supervisor.
If the route is to be changed, the transportation supervisor shall inform the bus driver.
If no parent, guardian or designated emergency contact picks up the student at school, or if no
parent/guardian or designated emergency contact will be home, the student will remain in the nurse's
office until such time as a parent, guardian or designated emergency contact becomes available to
assume responsibility for the child.
7.
8.
5420-R
If the nurse determines that the child can return to class, but needed some type of medical attention
(i.e., a bandage for a minor scratch, a brief rest, etc.), the nurse will notify the parent using district
form 5420-E.1
The nurse will maintain appropriate records of all student visits.
The District permits the administration of opioid antagonists, such as Naloxone to prevent opioid
overdose. District staff shall follow all regulations regarding the storage, accessibility, administration,
record-keeping, and reporting of Naloxone use.
E.
Medical Emergency Record
All students shall have on file a medical emergency record which shall state the name and telephone
numbers of the following:
1.
2.
3.
4.
5.
6.
the student's parent(s) or guardian(s) at home and work;
the student's next of kin;
a neighbor;
the student’s licensed health care provider;
preferred hospital;
any allergies or serious health conditions.
Students diagnosed with diabetes shall have a written diabetes management plan maintained as part
of the student’s cumulative health record. The management plan shall be developed in accordance with state
regulation and district procedures. Students diagnosed with asthma or other respiratory disease requiring a
rescue inhaler, students diagnosed with life-threatening allergy or diabetes may have an emergency action
plan maintained as part of the student’s cumulative medical record. The emergency action plan will be
developed in accordance with state regulation and district procedures.
F.
Student Return to School after Illness/Injury
In general, students should be symptom-free before returning to school and resuming normal
activities. In some instances, students may be asked to provide a note from their licensed health care
provider before they return to school or participate in the full range of school activities. The final decision
to permit participation rests with the school physician. The Superintendent, in consultation with the school
physician, nurse and other appropriate staff, will develop protocols to address a student’s return to activities
when there has been a serious illness or injury.
Adoption date: January 7, 2002
Revision adopted: April 5, 2010
Revision adopted: June 20, 2011
Revision adopted: October 21, 2013
Revision adopted: October 6, 2014
Revision adopted: October 5, 2015
Revision adopted: March 21, 2016
5420 - E.1
WESTHAMPTON BEACH UFSD
Westhampton Beach, NY 11978
(631) 288-3800
PARENT AND PRESCRIBER’S AUTHORIZATION FOR ADMINISTRATION OF
MEDICATION IN SCHOOL
Authorization for Administration of Medication
A. To be completed by Parent or Guardian:
I request that my child_______________________________________, grade __________ receive
medication as prescribed below by our licensed health care Prescriber. I will provide the medication in the
original properly labeled container from the pharmacy. I understand that the school nurse, or other
designated personnel, will administer the medication in school.
Signature (Parent or Guardian):_______________________________ Print:
_______________________
Address:
_____________________________________________________________________________
Telephone: Home (______) _____________________ Work (______)
___________________________
Cell (______) _______________________
Date_____/_____/_____
B. To be completed by the licensed health care Prescriber:
I request that my patient, as listed below, receive the following medication:
Name: _________________________________________________ Date of Birth:
_____/_____/_____
Diagnosis:
____________________________________________________________________________
Medication:
___________________________________________________________________________
Dosage, Frequency and Route of Administration:
_____________________________________________
Time to be taken during school hours:
______________________________________________________
Duration of treatment:
___________________________________________________________________
Possible side effects:
____________________________________________________________________
Other recommendations:
_________________________________________________________________
Name of Licensed Prescriber and Title (please print):
__________________________________________
Prescriber’s Signature: ______________________________________________Date:
_____/_____/_____
Address: ______________________________________________________Phone (
____________
RECEIVED BY SCHOOL NURSE ON:
__________________________________________________
Adoption date: January 7, 2002 Revision adopted: June 20, 2011
)
5420 - E.2
WESTHAMPTON BEACH UFSD
WESTHAMPTON BEACH, NY 11978
(631) 288-3800
SELF-MEDICATION RELEASE FORM
A.
To be completed by Parent or Guardian:
I request that my child _______________________________________, grade ___________ be
permitted to carry medication on his/her person or to keep the same in his/her locker or PE locker. He/she
will have medication in a properly labeled container from the pharmacy and has been instructed in the
purpose, proper dosage, and frequency of use and route of administration. He/she understands the
medication is for his/her use only.
Signature (Parent or Guardian): _________________________________ Print: ______________________
Telephone: Home (_____) ____________________________ Work: (_____) ______________________
Cell (_____) _____________________________
Date ______/______/______
B. To be completed by licensed health care Prescriber:
Name: ____________________________________________________ Date of Birth: _____/_____/_____
Diagnosis: _____________________________________________________________________________
Medication: ____________________________________________________________________________
Dosage, Frequency and Route of Administration: ______________________________________________
Time to be taken during school hours: _______________________________________________________
Duration of treatment: ____________________________________________________________________
Possible side effects: _____________________________________________________________________
Name of Licensed Prescriber and Title (please print): ___________________________________________
Prescriber’s Signature: ______________________________________________ Date _____/_____/_____
Address: _________________________________________________________Phone (_____) __________
RECEIVED BY SCHOOL NURSE ON: ____________________________________________________
Adoption date: January 7, 2002
Revision adopted: June 20, 2011
5430
STUDENT PSYCHOLOGICAL SERVICES
The Board of Education recognizes the need to provide psychological services to those
students in need of such service. The district shall employ a certified school psychologist to perform
such services.
The Board also recognizes the need to provide psychological testing for certain students. In
order to administer such tests, written referral by the psychologist and written permission must be
obtained from parents/guardians of students who are under the age of 18.
Cross-ref:
Ref:
5300, Student Conduct
5460, 5460, Child Abuse, Maltreatment or Neglect in a Domestic Setting
Education Law §3602(32)
8 NYCRR §100.1,2
Adoption date: January 7, 2002
5431
SUICIDE PREVENTION
Adolescent suicide is a major cause of death for teenagers. The Board of
Education shall attempt to address the problem through intervention, prevention and
education.
It is understood that district employees do not have expertise either in the general
area of mental health care nor the specific area of adolescent suicide. However, teachers
who work with students shall receive training to assist them to recognize clues and give
help once suicide appears as a possibility for a student known to them. The
Superintendent of Schools is responsible for planning and implementing personnel
inservice programs which address the problem of adolescent suicide. The programs may
be planned in cooperation with the state or community mental health agency.
Adoption date: January 7, 2002
5431-R
SUICIDE PREVENTION REGULATION
The purpose of these guidelines is to provide clear policies and procedures in the
event of suicidal behavior being presented by any student in kindergarten through grade
12. These guidelines have been developed to address the roles of school and community
service agency personnel in providing counseling crisis-intervention services. The
procedures are designed to ensure that the district has done its best as an educational
institution to prevent suicide, to obtain appropriate services for youth at risk of suicide,
and to assist the school and community to deal effectively with suicide or suicidal
behaviors.
A.
General Provisions
Confidentiality: In the case of the threatening situations, students and staff
members involved must understand that confidential information will only be
released to parties designated by the Superintendent of Schools to assist individuals in suicide prevention. All reports on individual cases shall be kept in a
confidential file by the Building Principal.
Staff members under no circumstances shall release information regarding an
alleged student suicidal behavior, or actual suicides, to the media. The
Superintendent or a designee is the sole person who shall communicate with the
media with respect to such matters.
The Building Principal or a designee shall keep the Superintendent informed on
an ongoing basis about procedures following suicidal behavior.
B.
Definition of Terms
Suicide Ideation: Thoughts of killing oneself in however vague terms, i.e., "I
don't want to go on any more," "They would be better off without me," "If he
breaks up with me, I'll kill myself."
Suicide Gesture: Any self-destructive behavior that does not threaten a youth's
immediate safety. Since gestures over time can escalate into attempts, it is vital
that all such gestures be taken seriously.
Suicide Attempt: Any self-destructive behavior that threatens the youth's
immediate safety.
Suicide Behavior: Includes suicide ideation, gesture, incident, or attempt.
Stabilization: Refers to the support necessary to ensure the immediate safety of
the youth.
Emergency Services: Will include, but will not be limited to, those provided by
the school medical staff, school psychologist, social worker, guidance counselor,
and community resources such as local emergency rooms.
C.
Assessment Procedure
Any youth suspected by a member of the staff to be presenting a possible
suicidal behavior will be referred to the Principal or a designee. Referrals may
be made verbally or via the Suicide Incident Report. The Principal will refer
such youth to the Crisis Intervention Team. If intervention is deemed
5431-R
necessary, the parent/guardian shall be informed, and the Crisis Intervention
Team Chairperson shall take appropriate actions to prevent suicidal behaviors.
When any youth is referred to the Crisis Intervention Team, the Chairperson
shall document such referral. The documentation shall consist of initiating a
Suicide Incident Report (in the event that the report has been verbal), or
continuing an existing Suicide Incident Report. A copy of the Suicide Incident
Report shall be forwarded to the Principal for filing in a confidential file other
than the student's cumulative folder.
D.
Intervention Services
After the Crisis Intervention Team completes the assessment, the following
procedures will apply:
1.
In the case of suicide ideation and gestures, but not attempt:
The Crisis Intervention Team will provide appropriate counseling
services, utilizing community based referrals, as needed.
2.
In case of a suicide attempt:
The Crisis Intervention Team shall address the immediate needs of the
suicidal youth by mobilizing emergency services. These emergency
services may include: emergency medical treatment, on-site crisis-intervention, and/or emergency psychiatric services.
If, in the opinion of the Crisis Intervention Team, the suicide attempt is
related to abuse or neglect and the student is under eighteen years of age,
the team will alert the Principal, who shall act in accordance with 5460,
5460, Child Abuse, Maltreatment or Neglect in a Domestic Setting
It shall be the responsibility of the Principal or designee to arrange for
follow-up services such as reintegration of the youth at school and
support services for the staff and student body.
Upon return to the school, the student shall be accompanied by a
parent/guardian and shall report to the Principal. The Principal shall
determine the appropriate educational program for the student. The
Crisis Intervention Team may act as a consultant, providing expertise,
assistance and guidance to address the long-term needs of the youth.
3.
In the event of an actual suicide:
The procedures below are to assist school personnel in implementing appropriate
activities for dealing with suicides or similar crises. It is important, however, to
retain a measure of flexibility in all urgent situations, as events differ slightly
and could require individual decisions made by the Crisis Intervention Teams.
5431-R
DAY 1:
First Hour
1.
verify death;
2.
protect privacy of family;
3.
notify Superintendent;
4.
convene Crisis Intervention Team;
5.
contact other Crisis Intervention Team;
6.
notify staff of death;
7.
direct media to Superintendent or designee; and
8.
announce the death to students and staff.
Second Hour
1.
provide rooms for students to meet in small groups with
counselors;
2.
notify teachers of faculty meeting; and
3.
identify students about whom faculty are concerned.
End of Day Announcements
It is suggested that a follow-up announcement be made
regarding:
1.
morning staff meeting; and
2.
providing the deceased student's parent(s) or guardian(s)
have made known their wishes, direct students to
evening newspaper for funeral details, if this had not
been discussed earlier in the day.
DAY 2:
1.
2.
3.
morning staff meeting;
counselors still available for both staff and students; and
afternoon staff meeting.
DAY 3:
1.
2.
3.
4.
morning staff meeting;
counselors still available for both staff and students;
afternoon staff meeting; and
reassurance group parent/guardian meeting.
DAY 4:
1.
2.
3.
morning staff meeting;
counselors still available for both staff and students; and
afternoon staff meeting.
Adoption date: January 7, 2002
5431-E
SUICIDE PREVENTION EXHIBIT
Student Crisis Intervention Program
Suicide Incident Report
Student Name:
School:
Concern:
(What, When, Where)
Signature of Concerned Person
Signature of Principal Contacted about this Incident
Date
Date
Lethality Assessment Completed by:
Title:
Action Taken:
Parent(s) or guardian(s) contacted by:
Date:
Title:
Assessment Team Actions
Date Initial Comments on Actions Taken (Please date all entries and be specific)
This document should be filed in a confidential file by the Building Principal.
Adoption date: January 7, 2002
5440
STUDENT SOCIAL SERVICES
Students requiring social services will be recommended by professional staff
members to the appropriate agency.
Adoption date: January 7, 2002
5450
STUDENT SAFETY
The Board of Education recognizes the district's responsibility for ensuring the
safety of all students in school buildings or on school grounds, and/or participating in
school activities.
The safety of all students shall be the responsibility of all staff members. In case
of accident or injury, students shall receive first aid from the nurse, teacher, or other
trained employee nearest the scene. The nurse or teacher shall notify the parent(s) as
soon as possible or, if neither parent(s) nor guardian(s) is available, the family or school
physician shall be notified.
The safety of students will be assured through close supervision of students on
school premises and on school buses. Special attention will be given to the following:
1.
2.
3.
4.
maintaining a safe school environment through periodic inspection of the
physical condition of all buildings and grounds;
observation of safe practices on the part of school personnel and students,
particularly in those areas of instruction or extracurricular activities which offer
special hazards. Section 409-a of the Education Law and the relevant sections of
the Commissioner's Regulations regarding the wearing of eye safety devices in
shops and laboratories, etc. will be strictly observed;
offering safety education to students, as appropriate, in subjects such as
laboratory courses in science, shop courses, and health and physical education;
and
notifying the school nurse of all accidents. For every accident, an accident
report must be completed and filed.
In addition, school personnel shall be conscious of suspicious strangers loitering
in or near the school. The Superintendent shall notify law enforcement agencies if the
circumstances seem to warrant it. Students shall be instructed to notify teachers, their
parents/guardian(s), police or school officials of any suspicious strangers.
The Board recognizes its responsibility to include in the curriculum instruction
that deals with student safety and welfare. Such instruction will meet state mandates in
the following areas:
1.
2.
3.
4.
5.
6.
7.
8.
fire and arson instruction;
bus emergency drills;
disaster planning and civil preparedness;
substance abuse prevention;
driver education;
the use of safety devices;
energy conservation; and
environmental conservation.
Safety Measures
1.
2.
Fire drills are to be conducted on a regular basis and at least as often as required
by law.
The Superintendent is responsible for a decision to close school or to evacuate
the schools in case of emergency.
5450
The safety and welfare of the children is to be the prime consideration in such
decisions.
Cross-ref:
Ref:
4315.2, Safety Education
5450.1, Notification of Sex Offenders
8100, Safety Program
8115, Pesticides and Pest Management
8120, Accident Prevention and Safety Procedures
8123.1, Contagious Diseases
8130, Emergency Plans
8132, Fire Drills
8414, School Bus Safety
Education Law §§806; 807; 808; 3212-a
8 NYCRR §§107.l; 141.10
Adoption date: January 7, 2002
5450.1
NOTIFICATION OF SEX OFFENDERS
The Board of Education acknowledges the efforts of local law enforcement to inform the
district when persons with a history of sex offenses against children are being paroled or have moved
into the community. The purpose is to notify schools and other vulnerable entities of the possible
danger within their community. As part of its duty to protect students under its care, the district shall
cooperate with the police and other law enforcement agencies in this endeavor.
The Board directs the Superintendent of Schools to ensure the dissemination of any
identifying information provided by the local law enforcement agency to pertinent staff including
Building Principals, staff who issue visitors' passes, bus drivers, custodians, playground monitors,
security personnel, and coaches. All other staff members are to be informed of the availability of the
information. Staff members shall check with their supervisor if they observe any suspicious
person(s) in an area where children congregate, and shall be directed to contact local law
enforcement agencies, if a paroled sex offender is so observed.
[The Superintendent shall notify parents of students and other members of the community
about such releases and remind them of the security measures and personal safety instruction
provided at school.]
All requests for information provided by any law enforcement agency must be directed to the
district's Freedom of Information Law Records Access Officer.
The Superintendent shall establish any necessary regulations for implementing this policy
with the advice of the school attorney.
Cross-ref:
Ref:
1120, School District Records
1240, Visitors to the Schools
5450, Student Safety
42 U.S.C. §1407(D)
Correction Law, Article 6-C
Doe v. Pataki ____ F. Supp. ____ (S.D.N.Y., 1996)
Shante D. v. City of New York, 83 NY2d 948 (1994)
Mirand v. City of New York, 84 NY2d 44 (1994)
Stoneking v. Bradford Area S.D., 882 F.2d 720 (2d Cir. 1989)
Update on the Status of Sex Offender Registration and Community Notification Laws,
Memorandum to Superintendents of Schools from Executive Director, NYS Council of
School Superintendents, November 3, 1995
Adoption date: January 7, 2002
Revision adopted: April 5, 2010
5451
SUPERVISION OF STUDENTS
Students on school property involved in a recognized school function or activity will be
supervised by appropriate school personnel.
Adoption date: January 7, 2002
5452
STUDENT SAFETY PATROL
The Board of Education encourages a student safety patrol program at the
elementary school provided it is supervised by a professional staff member.
Adoption date: January 7, 2002
5453
STUDENT BICYCLE USE
Bicycle racks will be provided by the school district for the storage of bicycles
ridden by students to school. The security of each bicycle shall be the responsibility of
its rider. A bicycle shall not be ridden on school property but walked to the designated
rack.
Adoption date: January 7, 2002
5454
STUDENT AUTOMOBILE USE
The Board of Education will permit students with a senior license to drive an
automobile onto school property in a safe and reasonable manner. Any student
violating this policy will lose the privilege of operating an automobile on school
property.
Parking for students will be by permit only. To be eligible for a parking
permit, a student must have a senior license and be in good standing in all
respects with the district. A condition to receive a permit to park on school
property is the recognition that the student has no expectation of privacy in the
contents of the permitted vehicle when parked on school grounds and the vehicle
owner and student consents to a search of the contents by personnel authorized
by the district.
Adoption date: January 7, 2002
Revision adopted: August 16, 2010
5460
CHILD ABUSE, MALTREATMENT OR NEGLECT IN A DOMESTIC SETTING
The Board of Education recognizes that because of their sustained contact with school-aged
children, employees are in an excellent position to identify abused, maltreated or neglected children
and refer them for treatment and protection. The Board further recognizes the specific dictates of
law which require school officials to report suspected instances of child abuse, maltreatment (which
includes neglect) in a domestic setting.
The purpose of mandatory reporting is to identify suspected abused and maltreated children
as soon as possible, so that such children determined to be abused or maltreated can be protected
from further harm and, where appropriate, can be offered services to assist him or her and his or her
family.
School officials, who have reasonable cause to know or suspect that a child has been
subjected to abuse or maltreatment, must immediately report this to the New York State Central
Register for Child Abuse and Maltreatment (Central Register), as required by law. No conditions
may be imposed which limit their responsibility to report. A school official is defined as:
•
•
•
•
•
•
•
•
Teacher
Guidance counselor
Psychologist
Nurse
Social Worker
Full or Part-time paid Athletic Coach
Administrator
Any school personnel required to hold a teaching or administrative license or certificate.
The school official will also report the matter to the Building Principal.
The report shall be made by telephone or by telephone facsimile machine on a form supplied
by the Commissioner of Social Services. A written report shall be made within forty-eight hours to
the appropriate local child protective service, and to the statewide Central Register.
School employees who are not school officials, as defined above, but who have reasonable
cause to know or suspect that a child has been subjected to abuse or maltreatment are encouraged to
report to the Central Register. However, the school employee must report the matter to the Building
Principal. If the matter has not yet been reported to the Central Register, the Building Principal shall
make the report, in accordance with state law. In being required to file such report, the Building
Principal does not have discretion.
5460
School employees or officials may not contact the child's family or any other person to determine the
cause of the suspected abuse or maltreatment. It is not the responsibility of the school official or
employee to prove that the child has been abused or maltreated.
Any school official or employee who has cause to suspect that the death of any child is a
result of child abuse or maltreatment must report that fact to the appropriate medical examiner or
coroner.
In accordance with the law, any school official who fails to report an instance of suspected
child abuse or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the
damages caused by the failure to report. The law grants immunity to persons who, in good faith,
report instances of child abuse from any liability.
School employees will not be subject to retaliatory action, as defined in state law, as a result
of making a report when they reasonably suspect that a child has been abused or maltreated.
The Board recognizes that knowingly reporting a false claim of child abuse is a violation of
state law and this policy acknowledges that it is a crime to do so. The district will make every
reasonable effort to ensure the integrity of the district’s child abuse reporting process and procedure.
School District Relationship with Local Social Service District
The school district will cooperate to the extent possible with authorized child protective
services workers in investigations of alleged child abuse. The Superintendent, or his or her designee,
will represent the district when collaborating with local social service agencies to address instances
of abuse or maltreatment, and in the development of policy and procedures regarding abuse or
maltreatment (including educational neglect). In addition, the Superintendent will share a copy of
the district’s attendance policy, 5100, with the local social service district.
The school district shall maintain an ongoing training program which will address the
identification and reporting of child abuse and maltreatment, including the legal implications of
reporting and not reporting. Attendance at sessions of this training program shall be required of all
school officials. Attendance records shall be kept, and notations will be made in personnel files as
to the dates of attendance.
The Superintendent shall develop, with input from appropriate personnel, a plan for
implementation of such a training program, to be approved by the Board. In addition, the policy and
regulations will be included in all employee handbooks and distributed annually to all school
officials who are not covered under existing handbooks. The Superintendent will prepare and
implement all regulations as are necessary to accomplish the intent of this policy
5460
Cross-ref:
Attendance, 5100
Ref: Child Protective Services Act of 1973, Social Services Law §§411 et seq.
Social Services Law §34-a
Family Court Act §1012
Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, 45 CFR §99.36
Education Law §3209-a
Penal Law 240.50
Adoption date: January 7, 2002
Revision adopted: April 19, 2010
Revision adopted: November 2, 2015
5460-R
CHILD ABUSE, MALTREATMENT OR NEGLECT
IN A DOMESTIC SETTING REGULATION
New York State Law (Child Protective Service Act of 1973, as amended) provides for
reporting of suspected cases of child abuse by school officials. These regulations are designed to
implement this law within the district and to help protect students from the harmful effects of child
abuse.
Definitions
The definition of child abuse and maltreatment is established by law.
Abused Child, according to Social Services Law and the Family Court Act, is a child less
than 18 years of age whose parent or other person legally responsible for his or her care:
a.
b.
c.
inflicts or allows to be inflicted upon such child physical injury by other than accidental
means which causes or creates a substantial risk of death, or serious or protracted
disfigurement, or protracted impairment of physical or emotional health or protracted loss or
impairment of the function of any bodily organ; or
creates or allows to be created a substantial risk of physical injury to such a child by other
than accidental means which would be likely to cause death or serious or protracted
disfigurement, or protracted impairment of physical or emotional health, or protracted loss or
impairment of the function of any bodily organ; or
commits, or allows to be committed, a sex offense against such child, as defined in the penal
law, provided, however, that the corroboration requirements contained therein shall not apply
to proceedings under this article.
Neglected or maltreated child, according to the Family Court Act, is a child less than 18 years of
age:
a.
whose physical, mental, or emotional condition has been impaired or is in danger of
becoming impaired as a result of the failure of his or her parents or other person legally
responsible for his care to exercise a minimum degree of care:
(1)
in supplying the child with adequate food, clothing, shelter, or education in
accordance with provisions of Part One, Article 65 of the Education Law, or medical,
dental, optometrical or surgical care though financially able to do so or offered
financial or other reasonable means to do so; or
In order for a report of educational neglect to be accepted, three elements
need to be established:
a. Excessive absence from school by the child
b. Reasonable cause to suspect that the parent is aware or should have been
aware of the excessive absenteeism and the parent has contributed to the
problem or is failing to take steps to effectively address the problem, and;
c. Reasonable cause to suspect educational impairment or harm to the child
or imminent danger of such impairment or harm.
5460-R
(2)
b.
in providing the child with proper supervision or guardianship, by unreasonably
inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the
infliction of excessive corporal punishment; or by using a drug or drugs; or by using
alcoholic beverages to the extent that he/she loses self-control of his/her actions; or
by any other acts of a similarly serious nature requiring the aid of the court; or
who has been abandoned by his/her parent(s) or other person legally responsible for his/her
care.
Person legally responsible includes the child's custodian, guardian, or any other person
responsible for the child's care at the relevant time. Custodian may include any person continually
or at regular intervals found in the same household as the child when the conduct of such person
causes or contributes to the abuse or neglect of the child.
Impairment of emotional health and impairment of mental or emotional condition includes a
state of substantially diminished psychological or intellectual functioning in relation to, but not
limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability
to think and reason, or acting out of misbehavior, including incorrigibility, ungovernability, or
habitual truancy; provided, however, that such impairment must be clearly attributable to the
unwillingness or inability of the parent, guardian, or custodian to exercise a minimum degree of care
toward the child.
Reporting procedures and related information:
1.
All school officials must, when they have reasonable cause to suspect that a child is abused
or maltreated, report it to the New York State Central Register for Child Abuse and
Maltreatment (800-342 3720). A school official, under state law, is defined as:
•
•
•
•
•
•
•
•
Teacher
Guidance counselor
Psychologist
Nurse
Social Worker
Full or Part-time paid Athletic Coach
Administrator
Any school personnel required to hold a teaching or administrative license or
certificate.
Personnel have the right to request that information which would identify the individual
making the report be withheld if furnishing such data might prove detrimental to the safety
or interest of that individual.
2.
5460-R
The school official must also report the matter to the Building Principal who will determine
if any additional steps need to be taken by the school district (for instance, contacting the
school physician, social worker or other support services).
3.
In the event that a school employee, who is not required to report under the law (such as a
bus driver, custodian, cafeteria monitor, etc.), has reasonable cause to suspect that a child is
abused or neglected, he/she is encouraged to make a report to the Central Register. The
employee must, by district policy, report the matter to the Building Principal.
4.
If the Building Principal is informed of a case of suspected child abuse or maltreatment that
has not yet been reported to the Central Register, the Building Principal is required to:
(a) phone the New York State Central Register for Child Abuse and Maltreatment
(800-342 3720) and inform them verbally of the problem; or
(b) contact the above agency by telephone facsimile machine on a form supplied
by the Commissioner of Social Services; and
(c) file a written report with the local child protective services agency and the
Central Register within forty-eight hours after the above report; and,
(d) determine if additional steps need to be taken by the school district, as outlined
in step 2 above.
5.
The Building Principal may take photographs or cause photographs to be taken of the areas
of visible trauma on the child, and/or, if medically indicated, cause an examination to be
performed. Such actions may be performed at public expense if they will provide
appropriate documentation when filing the report. Photographic equipment shall be kept at
the school and be available for this purpose.
6
The written report that must be filed shall include all information which the Commissioner of
Social Services may require.
7.
If it should be necessary for Child Protective Services to interview a child at school to
ascertain whether he/she has been abused or maltreated, or to obtain documentation of such
acts, the interview should be conducted in the presence of a school official, unless
circumstances require otherwise. The school official shall examine and verify the
credentials of Child Protective Services worker(s) before allowing such worker(s) to
either interview the child or to examine the child's records.
If sexual abuse is indicated, the presence of a same-sex staff member during the
interview is appropriate.
8.
The Building Principal shall request a summary report of the investigation of a case referred
to Child Protective Services so the district can take appropriate next steps.
9.
5460-R
The district shall maintain an ongoing training program which will address identification
and reporting of child abuse and maltreatment. Attendance at sessions of this training
program shall be required of all school officials. .
10.
Employee handbooks shall include a copy of these regulations and the related Board policy
concerning child abuse and reporting requirements.
11.
Only one report of any suspected abuse is required.
12.
School personnel who, in good faith, make a report or take photographs of injuries and
bruises have immunity from any liability, civil or criminal. The good faith of any person
required to report cases of child abuse or maltreatment is presumed.
13
School personnel who have reasonable cause to suspect that a child has died as a result of
child abuse or maltreatment shall report that fact to the appropriate medical examiner or
coroner.
14
Any person required to report suspected cases of child abuse or maltreatment and who fails
to do so may be found guilty of a class A misdemeanor and may be held civilly liable for the
damages caused by this failure.
15.
Any school employee who fails to comply with this policy is subject to discipline in
accordance with collective bargaining agreements and/or policy.
16.
If a report of child abuse or maltreatment has been determined to be unfounded, all records in
school files shall be expunged.
Adoption date: January 7, 2002
Revision adopted: April 19, 2010
Revision adopted: November 2, 2015
5470
MISSING CHILDREN
The Board of Education finds the abduction of children a heinous offense. Therefore, the
schools of the district shall make every effort to identify possible missing children and to notify the
proper agencies and authorities. A missing child is defined as a person under age 18 missing from
his/her normal residence and whose whereabouts cannot be determined by a person responsible for
the child's care and any child known to have been taken, enticed or concealed from the custody of
his/her lawful guardian by a person who has no legal right to do so.
In accordance with law, a Building Principal or other designated employee who has
reasonable cause to believe that a student may be a possible missing child shall immediately report
and make inquiry of the Statewide Central Register for Missing Children. This would include
reporting any child for whom proof of age was unavailable upon admission to school. If it is
indicated that such child may be a possible missing child, the Principal shall immediately notify
local law enforcement and the Superintendent of Schools.
The Superintendent of Schools shall cooperate with the New York State Division of Criminal
Justice Service to determine whether any child who has been identified as missing is currently or has
previously been enrolled in one or more of the district's schools. If so, the student's records shall be
prominently flagged and identified so that personnel can readily ascertain that it is the record of a
missing child. District personnel shall promptly report to the State Division of Criminal Justice
Services and local law enforcement any request concerning such flagged records.
The Superintendent shall establish procedures for implementing this policy.
Cross-ref:
Ref:
5500, Student Records
Education Law §§3212; 3222
Executive Law §837-e
Adoption date: January 7, 2002
Revision adopted:
April 19, 2010
5500
STUDENT RECORDS
The Board of Education recognizes its legal responsibility to maintain the confidentiality of
student records. As part of this responsibility, the Board will ensure that eligible students and
parents/guardians have the right to inspect and review education records, the right to seek to amend
education records and the right to have some control over the disclosure of information from the
education record. The procedures for ensuring these rights shall be consistent with state and federal
law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its
implementing regulations.
The Board also recognizes its responsibility to ensure the orderly retention and disposition of
the district’s student records in accordance with Schedule ED-1 as adopted by the Board in policy
1120.
The District will use reasonable methods to provide access to student educational records
only to those authorized under the law and to authenticate the identity of the requestor. The district
will document requests for and release of records, and retain the documentation in accordance with
law.
The Superintendent of Schools shall be responsible for ensuring that all requirements under
law and the Commissioner’s regulations are carried out by the district.
Definitions
Authorized Representative: an authorized representative is any individual or entity designated by a
State or local educational authority or a Federal agency headed by the Secretary, the Comptroller
General or the Attorney General to carry out audits, evaluations, or enforcement or compliance
activities relating to educational programs.
Education Record: means those records, in any format, directly related to the student and
maintained by the district or by a party acting on behalf of the district, except:
(a)
(b)
(c)
records in the sole possession of the individual who made it and not accessible or revealed to
any other person except a substitute;
records of the district’s law enforcement unit;
grades on peer-graded papers before they are collected and recorded by a teacher.
Eligible student: a student who has reached the age of 18 or is attending postsecondary school.
Legitimate educational interest: a school official has a legitimate educational interest if they need to
review a student’s record in order to fulfill his or her professional responsibilities.
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Personally identifiable information: is information that would allow a reasonable person in the
school or its community, who does not have personal knowledge of the relevant circumstances, to
identify the student with reasonable certainty. Such data might include social security number,
student identification number, parents’ name and/or address, a biometric record, etc.
School official: a person who has a legitimate education interest in a student record who is employed
by the district as an administrator, supervisor, instructor or support staff member (including health or
medical staff and law enforcement unit personnel); a member of the Board of Education; a person or
company with whom the district has contracted to perform a special task (such as attorney, auditor,
medical consultant or therapist); or a parent or student serving on an official committee, such as
disciplinary or grievance committee, or assisting another school official performing his or her tasks.
Annual Notification
At the beginning of each school year, the district will publish a notification that informs
parents, guardians and students currently in attendance of their rights under FERPA and the
procedures for exercising those rights. This notice may be published in a newspaper, handbook or
other school bulletin or publication. This notice will also be provided to parents, guardians, and
students who enroll during the school year.
The notice will include a statement that the parent/guardian or eligible student has a right to:
1.
2.
3.
4.
inspect and review the student’s education records;
request that records be amended to ensure that they are not inaccurate, misleading, or
otherwise in violation of the student’s privacy rights;
consent to disclosure of personally identifiable information contained in the student’s
education records, except to the extent that FERPA authorizes disclosure without consent;
and
file a complaint with the United States Department of Education alleging failure of the
district to comply with FERPA and its regulations.
The annual notice will inform parents/guardians and students:
1.
2.
that it is the district’s policy to disclose personally identifiable information from student
records, without consent, to other school officials within the district whom the district has
determined to have legitimate educational interests. The notice will define ‘school official’
and ‘legitimate educational interest.’
that, upon request, the district will disclose education records without consent to officials of
another school district in which a student seeks to or intends to enroll or is actually enrolled.
5500
3.
4.
5.
6.
that personally identifiable information will be released to third party authorized
representatives for the purposes of educational program audit, evaluation, enforcement or
compliance purposes.
that the district, at its discretion, releases directory information (see definition below)
without prior consent, unless the parent/guardian or eligible student has exercised their right
to prohibit release of the information without prior written consent.
that, upon request, the district will disclose a high school student’s name, address and
telephone number to military recruiters and institutions of higher learning unless the parent
or secondary school student exercises their right to prohibit release of the information
without prior written consent.
of the procedure for exercising the right to inspect, review and request amendment of student
records.
For a complete list of exceptions to FERPA’s prior consent requirements see accompanying
regulation 5500-R, Section 5.
The district shall effectively notify parents, guardians and students who have a primary or
home language other than English.
In the absence of the parent or secondary school student exercising their right to opt out of
the release of information to the military, the district is required to, under federal law, release the
information indicated in number five (5) above.
Directory Information
The district has the option under FERPA of designating certain categories of student
information as “directory information.” The Board directs that “directory information” include a
student’s:
•
•
•
•
•
•
•
•
Name
Major course of study
Participation in school activities or sports
Weight and height if a member of an athletic team
Degrees and awards received
Most recent school attended
Grade level
Photograph
Social security numbers or other personally identifiable information will not be considered
directory information.
5500
Once the proper FERPA notification is given by the district, a parent/guardian or student will
have 14 days to notify the district of any objections they have to any of the “directory information”
designations. If no objection is received, the district may release this information without prior
approval of the parent/guardian or student for the release. Once the student or parent/guardian
provides the “opt-out,” it will remain in effect after the student is no longer enrolled in the school
district.
The district may elect to provide a single notice regarding both directory information and
information disclosed to military recruiters and institutions of higher education.
Cross-ref:
Ref:
1120, School District Records
4321, Programs for Students with Disabilities Under IDEA and Part 89
5550, Student Privacy
Family Educational Rights and Privacy Act, 20 USC 1232g; 34 CFR Part 99
No Child Left Behind Act, 20 USC §7908 (Military Recruiter Access)
10 USC §503 as amended by §544 of the National Defense Reauthorization Act for FY 2002
Education Law § 225
Public Officers Law §87(2)(a)
Arts and Cultural Affairs Law, Article 57-A (Local Government Records Law)
8 NYCRR 185.12 (Appendix I) Records Retention and Disposition, Schedule ED-1 for Use
by School Districts and BOCES
“Guidance for Reasonable Methods and Written Agreements,”
http://www2.ed.gov/policy/gen/guid/fpco/pdf/reasonablemtd_agreement.pdf
Family Policy Compliance Office website:
http://www2.ed.gov/policy/gen/guid/fpco/index.html
Adoption date: January 7, 2002
Revision adopted: April 19, 2010
Revision adopted: June 18, 2012
5500-R
STUDENT RECORDS REGULATION
It is recognized that the confidentiality of student records must be maintained. The terms
used in this regulation are defined in the accompanying policy. The following necessary procedures
have been adopted to protect the confidentiality of student records.
Section 1. Pursuant to the Family Educational Rights and Privacy Act (FERPA) it shall be
the policy of this school district to permit parents/guardians and eligible students to inspect and
review any and all official records, files and data directly related to that student, including all
materials that are incorporated into each student's cumulative record folder.
The rights created by FERPA transfer from the parents/guardians to the student once the
student attains eligible student status. However, districts can disclose information to parents of
eligible students under certain circumstances, including when the student is a dependent under the
IRS tax code, when the student has violated a law or the school’s rules regarding alcohol or
substance abuse (and the student is under 21); when the information is needed to protect the health or
safety of the student or other individuals.
Section 2. Parents/guardians or the eligible student will have an opportunity for a hearing to
challenge the content of the student's school records, to insure that the records are not inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the student, and to provide an
opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise
inappropriate data contained therein.
Section 3. A letter shall be sent annually to parents/guardians of students currently in
attendance and students currently in attendance informing them of their rights pursuant to FERPA.
See Exhibit 5500-E.1. The district shall effectively notify parents, guardians and students who have a
primary or home language other than English.
Section 4. To implement the rights provided for in sections 1 and 2, the following procedures
are adopted:
1.
A parent/guardian or an eligible student who wishes to inspect and review student
records shall make a request for access to the student's school records, in writing, to
the Building Principal. Upon receipt of such request, arrangements shall be made to
provide access to such records within 45 days after the request has been received. If
the record to which access is sought contains information on more than one student,
the parent/guardian or eligible student will be allowed to inspect and review only the
specific information about the student on whose behalf access is sought.
5500-R
2.
3.
4.
5.
6.
7.
8.
A parent/guardian or an eligible student who wishes to challenge the contents of the
student's school records shall submit a request, in writing, to the Building Principal
identifying the record or records which they believe to be inaccurate, misleading or
otherwise in violation of the privacy or other rights of the student together with a
statement of the reasons for their challenge to the record.
Upon receipt of a written challenge, the Building Principal shall provide a written
response indicating either that he/she:
a.
finds the challenged record inaccurate, misleading or otherwise in violation
of the student’s rights and that the record will be corrected or deleted; or
b.
finds no basis for correcting or deleting the record in question, but that the
parent/guardian or eligible student will be given an opportunity for a hearing.
The written response by the Building Principal shall be provided to the
parent/guardian or eligible student within 14 days after receipt of the written
challenge. The response shall also outline the procedures to be followed with
respect to a hearing regarding the request for amendment.
Within 14 days of receipt of the response from the Building Principal, a
parent/guardian or eligible student may request, in writing, that a hearing be held to
review the determination of the Building Principal.
The hearing shall be held within 10 days after the request for the hearing has been
received. The hearing will be held by the Superintendent of Schools, unless the
Superintendent has a direct interest in the outcome of the hearing, in which case the
Superintendent will designate another individual who does not have a direct interest
in the outcome of the hearing to hold the hearing.
The parent/guardian or eligible student shall be given a full and fair opportunity to
present evidence at the hearing. The parent/guardian or eligible student may, at their
own expense, be assisted or represented by one or more individuals of his or her own
choice, including an attorney.
The Superintendent or other individual designated by the Superintendent will make a
decision in writing within 14 days after the hearing.
After the hearing, if the Superintendent or the individual designated by the
Superintendent decides not to amend the record, the district will inform the
parent/guardian or eligible student that they have the right to place a statement in the
record commenting on the contested information or stating why he/she disagrees
with the decision of the district. Any statement placed in the record will be
maintained with the contested part of the student record for as long as the record is
maintained. Further, the statement will be disclosed by the district whenever it
discloses the portion of the record to which the statement relates.
Section 5. Except to the extent that FERPA authorizes disclosure of student records without
consent, student records, and any material contained therein which is personally identifiable, are
confidential and will not be released or made available to persons other than parents/guardians or
eligible students without the prior written consent of the parents/guardians or eligible student.
5500-R
Exceptions to FERPA’s prior consent requirement include, but are not limited to disclosure:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
To other school officials within the district who have been determined to have legitimate
educational interests.
To officials of another school, school system or post secondary institution where the student
seeks or intends to enroll.
To authorized representatives of the Comptroller General of the United States, the U.S.
Secretary of Education, or state and local education authorities in connection with an audit or
evaluation of a federal- or state-supported education program or in compliance with legal
requirements related to those programs.
In connection with the student’s application for or receipt of financial aid.
To state and local officials or authorities in compliance with state law that concerns the
juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the
student whose records are being released.
To organizations conducting studies for, or on behalf of, education agencies or institutions,
in order to develop tests, administer student aid, or improve instruction.
To accrediting organizations to carry out their accrediting functions.
To parents of a dependent student, as defined by the Internal Revenue Code
To comply with a judicial order or lawfully issued subpoena, including ex parte court orders
under the USA Patriot Act. Prior to complying with a judicial order or subpoena, the district
will make a reasonable effort to notify the parent/guardian or eligible student, unless the
district has been ordered not to disclose the existence or content of the order or subpoena.
In connection with a health or safety emergency, the district will disclose information when,
taking into account the totality of circumstances, a determination is made that there is an
articulable and significant threat to the health or safety of the student or other individuals.
To teachers and school officials in other schools who have legitimate educational interests in
the behavior or the student when the information concerns disciplinary action taken against
the student for conduct that posed a significant risk to the safety or well-being of that
student, other students, or other members of the school community.
To provide information that the district has designated as “directory information.”
To provide information from the school’s law enforcement unit records.
The District will use reasonable methods to provide access to student educational records to
only those authorized under the law and to authenticate the identity of the requestor. The district
will use an array of methods to protect records, including physical controls (such as locked cabinets),
technological controls (such as role-based access controls for electronic records), and administrative
procedures. The district will document requests for and release of records, and retain the
documentation in accordance with law.
5500-R
The district will, via written agreements, designate authorized representatives who have
access to educational records. The written agreement will specify how the work falls within the
exception, what personally identifiable information is to be disclosed, how the educational record
will be used, and that the records will be destroyed by the authorized representative once they are no
longer needed for that purpose or the agreement expires.
Section 6. Whenever a student record or any material contained therein is to be made
available to third persons, other than those covered by the exceptions authorized by FERPA, the
parent/guardian or eligible student must file a written consent to such action. The written consent
must specify the records to be released, the reasons for such release, and to whom. If the parent or
eligible student so requests, the district will provide him or her with a copy of the records disclosed.
In addition, if the parent of a student who is not an eligible student so requests, the district will
provide the student with a copy of the records disclosed.
Section 7. Unless specifically exempted by FERPA, all persons requesting access to such
records will be required to sign a written form which indicates the legitimate educational interest that
such person has in inspecting the records. Such form will be kept with the student's file and will be
maintained with the student’s file as long as the file is maintained.
Retention and Disposition of Student Records
The Board has adopted the Records Retention and Disposition Schedule ED-1 issued
pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum
retention periods for district records. The Board directs all district officials to adhere to the schedule
and all other relevant laws in retaining and disposing of student records. In accordance with Article
57-A, the district will dispose of only those records described in the schedule after they have met the
minimum retention periods set forth in the schedule. The district will dispose of only those records
that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond
the established legal minimum periods.
Adoption date: January 7, 2002
Revision adopted: April 19, 2010
Revision adopted: June 18, 2012
5500-E.1
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
NOTICE REGARDING ACCESS TO STUDENT RECORDS AND STUDENT
INFORMATION
Dear Parent or Eligible Student:
This is to advise you of your rights with respect to student records pursuant to the Family
Educational Rights and Privacy Act (FERPA). FERPA is a federal law designed to protect the
privacy of student records. The law gives parents and students over 18 years of age (referred to in
the law as “eligible students”) the following rights:
1.
2.
The right to inspect and review the student’s education records within 45 days of the
day the district receives a request for access. Parents or eligible students should submit to
the Building Principal a written request that identifies the records they wish to inspect. The
Principal will make arrangements for access and notify the parent or eligible student of the
time and place where the records may be inspected.
The right to request the amendment of the student’s education records that the parent
or eligible student believes are inaccurate or misleading. Parents or eligible students may
ask the district to amend a record that they believe is inaccurate or misleading by writing the
Principal, clearly identifying the part of the record they want changed, and specifying why it
is inaccurate or misleading.
If the district decides not to amend the record as requested by the parent or eligible student, the
district will notify the parent or eligible student of the decision and advise them of their right to a
hearing regarding the request for amendment. Additional information regarding the hearing
procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3.
The right to consent to disclosures of personally identifiable information contained in
the student’s education records, except to the extent that FERPA authorizes disclosure
without consent. The exceptions, which permit disclosure without consent, are disclosure to
school officials with legitimate educational interests or an authorized representative. A
school official is a person employed by the district as an administrator, supervisor, instructor,
or support staff member (including health or medical staff and law enforcement unit
personnel); a person serving on the school board; a person or company with whom the
district has contracted to perform a special task (such as an attorney, auditor, medical
consultant, or therapist); or a parent or student serving on an official committee, such as a
disciplinary or grievance committee, or assisting another school official in performing his or
her tasks. 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.
5500-E.1
An authorized representative is any individual or entity designated by a State or local
educational authority or a Federal agency headed by the Secretary, the Comptroller General
or the Attorney General to carry out audits, evaluations, or enforcement or compliance
activities relating to educational programs.
Upon request, the district discloses education records without consent to officials of another
school district in which a student seeks or intends to enroll.
4.
The right to file a complaint with the U.S. Department of Education concerning alleged
failures by the district to comply with the requirements of FERPA. The Office that
administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue SW
Washington, DC 20202-4605
NOTIFICATION OF DIRECTORY INFORMATION DESIGNATIONS
In addition to the rights outlined above, FERPA also gives the school district the option of
designating certain categories of student information as “directory information.” Directory
information includes student:
•
•
•
•
•
•
•
•
Name
Major course of study
Participation in school activities or sports
Weight and height if a member of an athletic team
Degrees and awards received
Most recent school attended
Grade level
Photograph
You may object to the release of any or all of this “directory information.” However, you must
do so in writing within 10 business days of receiving this notice. If we do not receive a written
objection, we will be authorized to release this information without your consent. For your
convenience, you may note your objections to the release of directory information on the enclosed
form and return it to the Building Principal.
Sincerely,
Adoption date: January 7, 2002
Revision adopted: April 19, 2010
Revision adopted: June 18, 2012
5500-E.2
STUDENT RECORDS EXHIBIT
DIRECTORY INFORMATION SAMPLE FORM
Dear Parent or Eligible Student:
The school district has designated certain categories of student information as “directory
information.” Directory information includes a student’s name, major course of study, participation
in school activities or sports, weight and height if a member of an athletic team, degrees and awards
received, most recent school attended, grade level, and photograph.
If you object to the release of any or all of the directory information listed above, you must
do so in writing within 10 business days of receiving this notice. For your convenience, you may
note your objections to the release of directory information on this form and return it to the Building
Principal.
____Please do not release any directory information without my prior consent.
or
____The following may not be released without my consent:
□
□
□
□
□
□
□
□
Name
Major course of study
Participation in school activities or sports
Weight and height if a member of an athletic team
Degrees and awards received
Most recent school attended
Grade level
Photograph
(Parent/Guardian or Eligible Student Signature)
Adoption date: January 7, 2002
Revision adopted: April 19, 2010
Revision adopted: June 18, 2012
(Date)
5500-E.3
Dear Parent or Eligible Student:
Pursuant to the No Child Left Behind Act, the school district must disclose to military
recruiters and institutions of higher learning, upon request, the names, addresses and telephone
numbers of high school students. The district must also notify parents of their right and the right of
their child to request that the district not release such information without prior written parental
consent.
Parents (or students 18 years of age or older) wishing to exercise their option to withhold
their consent to the release of the above information to military recruiters and/or institutions of
higher learning must sign and return the attached form to the Building Principal by {Insert Date of
Return Here}
________________________ ____________________________
SAMPLE RETURN FORM
Reservation of Consent for the Release of Certain Student Information under the No Child Left
Behind Act
_____Please do not release the name, address and telephone number of
____________________________________________ to
(Name of student)
_____ Military recruiters and/or
_____ Institutions of higher learning
(Parent/Guardian or Eligible Student Signature)
Adoption date: January 7, 2002
Revision adopted: April 19, 2010
(Date)
5550
STUDENT PRIVACY
The Board recognizes its responsibility to enact policies that protect student privacy, in
accordance with law. This is particularly relevant in the context of the administration of surveys that
collect personal information, the disclosure of personal information for marketing purposes and in
conducting physical exams.
Surveys
The Board of Education recognizes that student surveys are a valuable tool in determining
student needs for educational services. In accordance with law and Board policy, parental consent is
required for minors to take part in surveys which gather any of the following information:
1.
2.
3.
4.
5.
6.
7.
8.
political affiliations or beliefs of the student or the student's parent;
mental or psychological problems of the student or the student's family;
sex behavior or attitudes;
illegal, anti-social, self-incriminating or demeaning behavior;
critical appraisals of other individuals with whom respondents have close family
relationships;
legally recognized privileged or analogous relationships, such as those of lawyers, physicians
and ministers;
religious practices, affiliations or beliefs of the student or the student's parent; or
income (other than that required by law to determine eligibility for participation in a program
or for receiving financial assistance under such program).
In the event that the district plans to survey students to gather information included in the list
above, the district will obtain written consent from the parent/guardian in advance of administering
the survey. The notification/consent form will also apprise the parent/guardian of their right to
inspect the survey prior to their child’s participation.
Marketing
It is the policy of the Board not to collect, disclose, or use personal information gathered
from students for the purpose of marketing or selling that information or providing it to others for
that purpose. This does not apply to the collection, disclosure, or use of personal information
collected from students for the exclusive purpose of developing, evaluating, or providing educational
products or services for, or to students or educational institutions such as:
a.
b.
c.
College or other postsecondary education recruitment, or military recruitment;
Book clubs, magazines and programs providing access to low-cost literary products;
Curriculum and instructional materials used in schools;
5550
d.
e.
f.
Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical,
aptitude, or achievement information for students or to generate other statistically
useful data for the purpose of securing such tests and assessments, and the
subsequent analysis and public release of the aggregate data from such tests and
assessments;
Student recognition programs; and
The sale by students of products or services to raise funds for school-related
activities.
In the event that such data is collected by the district, disclosure or use of student personal
information will be protected by the district pursuant to the requirements of the Family Educational
Rights and Privacy act (FERPA). [For guidance regarding the disclosure of “directory information,”
rather than personal information, see policy 5500, Student Records.]
Inspection of Instructional Material
Parents/guardians shall have the right to inspect, upon request, any instructional material,
used as part of the educational curriculum for students. “Instructional material” is defined as:
“instructional content that is provided to a student, regardless of format including printed or
representational materials, audio-visual materials, and materials in electronic or digital formats (such
as materials accessible through the Internet). It does not include tests or academic assessments.”
A parent/guardian who wishes to inspect and review such instructional material shall submit
a request in writing to the Building Principal. Upon receipt of such request, arrangements shall be
made to provide access to such material to within 30 calendar days after the request has been
received.
Invasive Physical Examinations
Prior to the administration of any non-emergency, invasive physical examination or
screening that is required as a condition of attendance, administered by the school not necessary to
protect the immediate health or safety of the student or other students and not otherwise permitted or
required by state law, a student’s parent/guardian will be notified and given an opportunity to opt
their child out of the exam. Hearing, vision and scoliosis screenings are not subject to prior
notification.
5550
Notification
Parents/guardians and eligible students shall be notified at least annually, at the beginning of
the school year, and when enrolling students for the first time in district schools of this policy. The
school district shall also notify parents/guardians within a reasonable period of time after any
substantive change to this policy.
Cross-ref:
Ref:
5420, Student Health Services
5500, Student Records
20 USC §1232h (No Child Left Behind Act)
34 CFR Part 98
Education Law §903
Adoption date: May 9, 2011
5620
PREGNANT STUDENTS
The Board of Education recognizes the opportunity to receive an education as a
prerequisite to leading a full and productive life. Therefore, pregnant students will be
encouraged to continue participation in the public school program.
As soon as pregnancy is medically confirmed, the Board recommends that the
student and her parent(s) or guardian(s) consult with the Building Principal and other
appropriate staff to plan an appropriate education program.
A minor under 16 must continue her education. During pregnancy and the
period of pregnancy-related disability which follows childbirth, a student shall be
entitled to home instruction, upon the request and submission of a physician's note
recommending homebound instruction. Every effort will be made to see that the
educational program of the student is disrupted as little as possible; that available student
health and counseling services, as well as instruction, are provided; that the student is
encouraged to return to high school after delivery; and that every opportunity is given to
complete high school. A pregnant student who desires to attend regularly scheduled
classes prior to the time of childbirth may do so to the extent that her physician approves
of such attendance. A minor under 16 must return to school after the period of disability
that follows childbirth.
Cross-ref:
Ref:
4324, Programs for Pregnant Students
Ordway v. Hargraves, 323 F Supp 1155 (1971)
Perry v. Grenada Municipal Separate School District, 300 F Supp 748 (1969)
Matter of Murphy, 11 EDR 180 (1972)
Adoption date: January 7, 2002
5630
MARRIED STUDENTS
The Board of Education recognizes the rights of married students to attend
school as long as all requirements are fulfilled.
Adoption date: January 7, 2002
5640
EMPLOYMENT OF STUDENTS
The Board of Education recognizes the need of some students to work for a
portion of the school day. The Building Principal may permit these students to leave
early if such request is accompanied by parental permission and a written statement from
the employer.
Adoption date: January 7, 2002
5650
STUDENT VOLUNTEERS FOR SCHOOL AND PUBLIC SERVICE
The Board of Education encourages and supports students who volunteer their
services for school and public functions and activities. However, neither an individual
nor the school as a whole shall be permitted to use school time in working on
community-sponsored projects unless such an undertaking is deemed to contribute to the
educational program. The administration has the responsibility to develop procedures
for community groups to request student involvement during school hours, as well as
guidelines for the consideration of such request.
Adoption date: January 7, 2002
5660
STUDENT GIFTS AND SOLICITATIONS
Only those organizations granted approval by the Superintendent of Schools or his/her designee
shall have permission to solicit donations and contributions from students. All fund-raising activities
must be voluntary and in accord with the Rules of the Regents and the State Education Department's
"Guidelines Relating to Solicitation of Charitable Donations from Children". No direct solicitation of
students is permitted during school hours.
The following constitute permissible indirect forms of solicitation, and the District’s
administration has the authority to determine which, if any, forms it will allow:
1.
2.
3.
the sale of tickets to a social, musical, or athletic event where a portion of the funds go to a
charitable purpose;
the recruitment of students during school hours to participate in fund-raising activities to be
conducted off school premises and/or when school is not in session. School personnel are
permitted to hang posters or distribute flyers notifying students of these activities. However,
school personnel may not act as a conduit and collect funds from students on behalf of a charity
for which they recruited; and
the placement of a bin or collection box in a hallway or other common area for the voluntary
donation of food, clothing or money.
Gifts
Students are discouraged from presenting the school staff with elaborate gifts. Spontaneous
inexpensive gifts will be allowed when reasonable to express gratitude. Letters of appreciation are
always welcome.
Cross-ref:
Ref:
1510, Public Sales on School Property
1810, Gifts to School Personnel
NYS Constitution, Article 8 §1
Education Law §414
Rules of the Board of Regents §19.6
Guidelines Relating to Solicitation of Charitable Donations from School Children, SED, January
1994
Matter of Schanbarger, 11 EDR 70
Adoption date: January 7, 2002
Revision adopted: April 19, 2010
5680
STUDENT FEES, FINES AND CHARGES
Students are expected to exercise reasonable care in the use of school equipment
and any damage done to library books, textbooks or other school equipment due to
misuse or negligence must be paid for by them. Lost or damaged textbooks will be
immediately reported to the office for payment.
Other school equipment which is damaged should be reported to the Building
Principal, who will determine if negligence or willful action on the part of the student
was the cause of the damage.
The Board of Education expects all students to pay fees, fines and charges levied
against them for lost or damaged property and material.
Adoption date: January 7, 2002
5800
STUDENT AWARDS AND SCHOLARSHIPS
The Board of Education mandates that all students regardless of race, color,
creed, sex and national origin, religion, marital status or disability shall be eligible for all
awards and scholarships given or disseminated by the school district. Awards may be
given in the form of bonds, plaques, certificates, trophies, etc.
Eligible candidates for academic or other achievement awards will be selected on
the basis of academic achievement, school citizenship, and/or co-curricular performance,
as applicable to the type of award being given.
Cross-ref:
Ref:
1800, Gifts from the Public
Education Law §§404; 1709
Matter of Wilson, 59 NY2d 461
Adoption date: January 7, 2002
5800-R
STUDENT AWARDS AND SCHOLARSHIPS REGULATION
1.
2.
All awards shall be available to all students regardless of color, creed, residence,
or sex.
Should any organization be desirous of making an award to a student completely
of its own choosing, said award can only be made at a meeting of that
organization or at a district awards program.
Adoption date: January 7, 2002