The people of the Ilion Central School District are committed work

Transcription

CENTRAL VALLEY SCHOOL DISTRICT
BOARD OF EDUCATION – REGULAR MEETING
TUESDAY MAY 28, 2013 - 7:00 p.m.
ILION HIGH SCHOOL - LGI
AGENDA
I.
CALL TO ORDER (7:00 p.m.)
II.
AGENDA CHANGES
III.
PRESENTATIONS
IV.
CONSENT AGENDA
A. Approval of Minutes – 5-14-13 Annual Budget Hearing
B. Approval of Minutes – 5/14/13 Regular Meeting
V.
ITEMS REMOVED FROM CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION
VI.
ADMINISTRATIVE REPORTS AND RECOMMENDATIONS
Superintendent’s Report:
Review of Principles of Operation
School Resource Officer
Policy Review – 1st Reading
Section 1000 – Community Relations
#1100 Records Management
#1100.1 Public Access Records
Section 4000 – Fiscal Management
#4302
#4404
#4500
#4501
#4502
#4502.1
Investments
Medicaid Billing Compliance Program
General Procurement Standards
Competitive Bidding
Non-Bid Purchasing
Procurement of Goods and Services Quote Form
Section 5000 – Support Operations
#5200
#5300
#5304
#5304.1
#5500
School Wellness Policy
Internet Safety Policy
Information Security Breach Policy
NYS Security Breach Reporting Form
Flag Display
Section 6000 – Personnel
#6002
#6105
#6400
#6400.1
#6400.2
#6401
#6401.1
Complaints and Grievances by Employees
Mentoring Programs for First Year Teachers
Fingerprinting and Criminal History Record Checks for Prospective Employees
Statement for Emergency Conditional or Conditional Appointment
Payroll Deduction Authorization
Drug and Alcohol Testing (Transportation)
Pre-Duty Acknowledgement Authorization and Consent Form for Drug and Alcohol Testing
5/28/13 Regular Meeting
st
Policy Review – 1 Reading (cont’d)
Section 7000 – Students
#7005
#7005.1
#7006
#7400
#7400.1
#7401
#7401.1
#7401.2
#7401.3
#7401.4
#7500
#7500.1
#7500.2
#7500.3
#7500.4
#7500.5
#7600
Education of Homeless Children
Procedures for Achieving Education of Homeless Children
Student Attendance
Reporting Possible Child Abuse or Maltreatment
Report of Suspected Child Abuse or Maltreatment
Child Abuse in an Educational Setting
Notice of Parental Rights Child Abuse in an Educational Setting
Notification of Teacher’s Duty to Report Child Abuse in an Educational Setting and Immunity
from Liability
Child Abuse in an Educational Setting Statement of Personal Delivery
Child Abuse in an Educational Setting Confidential Report of Allegation
Education Records
Education Records – Regulation
Application to Inspect FERPA Records
Student Privacy – Record of FERPA Requests
Request to Correct FERPA Records
Student Privacy FERPA Notice
Providing a Safe Public School Choice to Students Who Have Been Victims of a Violent
Criminal Offense
Section 8000 - Instruction
#8300
#8302
#8500
#8501
#8502
#8503
#8503.1
#8504
#8505
#8505.1
#8600
#8600.1
#8600.2
#8601
#8601.1
Educational Support Materials Selection
Courses Including Dissection of Animals
Special Education Programs and Services
Prereferral and Declassification Teams
Programs for Students with Disabilities Under Section 504 of the Federal Rehabilitation Act of
1973
Independent Educational Evaluations
Independent Educational Evaluations – Regulation
Preschool Special Education
Selection, Appointment and Compensation of Impartial Hearing Officers
Selection, Appointment and Compensation of Impartial Hearing Officers – Regulation
Accommodation of Hearing-Impaired Parents
Accommodation of Hearing-Impaired Parents Request Form
Accommodation of Hearing-Impaired Parents Notice
Parental Involvement in Title I Programs
Annual Notification of Teacher Qualifications
Policy Discussion:
#7002 – Non-Resident Students
#7003 – Admission of Non-Resident Students
Busing Limits
Fields and Facilities
Academic Eligibility
Grading and Homework
BOE Meeting Schedule – Next Meeting June 11, 2013 – 7:00 p.m. at Jarvis
Business Official’s Report
5/28/13 Regular Meeting
VII.
PUBLIC OPEN FORUM
At this time we would like to give District residents an opportunity to comment about this agenda or
about programs or operations within the school. Comments on personnel matters will not be addressed
in public session. All comments will be recorded and responded to by the Board of Education President
or Superintendent at a later date. We ask that you keep your comments to ten minutes or less.
VIII.
NEW BUSINESS
A. Acceptance of Annual Budget Vote Results
B. Adoption of Principles of Operation
C. Approval of Personnel Appointments
D. Approval of Fall 2013 Coaching Appointments
E. Approval of 2013-2014 BOE Meeting Schedule
IX.
OLD BUSINESS
A. Amendments to Previous Board Action of 3/28/13
X.
BOARD FORUM
XI.
ADJOURNMENT
Central Valley School District Board of Education – Annual Budget Hearing
May 14, 2013 7:00 p.m.
* DRAFT *
The Board’s Annual Budget Hearing was called to order by President Stephen Coupe, at 7:00
p.m. in the Jarvis High School Auditorium. The Pledge of Allegiance was recited by all those
present.
Members Present
Stephen Coupe
Vicki Judd
Daniel LaLonde
William Lennox
Walt Roginski
Fred Schell
Matthew Shedd
Members Absent
None
Staff Present
Mark Vivacqua, Dist. Supt.
Cosimo Tangorra, Jr., Supt.
Gene Beirne, Interim Supt. (M)
Kenneth Long
Lisa VanWinkler
Lisa Hoffman
Guests Present
Anne Schell
Dick Bridger
Ed Eysaman
Cathy Eysaman
Orbano LaPorte
John LiBritz
Dawn Gleba
Debbie English
Cindy Stocker
Rebecca Smith
Shelly Pickett
Jennifer Russ
Kerry Tarolli
Fred Schell
Dick Keeler
Carol Ann Eysaman
Adrianna Rice
Kimberly LiBritz
Tammy Morgan
John Casadonte
Denise Mabbett
Renee Rudd
Donna Thompson, Telegram
David Pellow
Michael Croneiser
Phil Squadrito
PRESENTATION OF PROPOSED 2013-2014 BUDGET
Mark Vivacqua, District Superintendent, reported that the Board of Education used the data
and recommendations from the merger study as a “reorganization roadmap” to guide them in
decisions concerning the new district. The Board’s focus in doing so was to facilitate a smooth
transition to meet the students’ education needs and to honor the district’s fiscal obligations
and limitations.
Mr. Vivacqua reviewed the following budget assumptions:
Enrollment and Capacity by Building – The recommendations include closing Remington School.
Students in the current Remington attendance zone would attend either Barringer Elementary
or Fisher Elementary Schools. The Board will consider renting excess space in Remington and
its four academic buildings to BOCES.
Staffing – The recommendations include reducing staff by attrition. According to Mr. Vivacqua,
if a reorganized district achieves economy of scale in any area, the goal will be to keep the
qualified professionals. Historically, staff members routinely retire, accept positions with other
employers, or move from the area. Therefore, it may be possible to reduce staff size without
layoffs.
The plan for instructional support for teachers includes three Instructional Specialists/Trainers
to work as mentors and to help introduce the latest effective teaching practices. The current
number of Teacher Assistants and Teacher Aides will be initially planned for the new district.
The plan also targets a 1:25 ratio of supervisory to teaching staff in order to satisfy the
requirements of the state’s APPR and to help all teachers achieve a rating of “highly effective”.
Page 1
Central Valley School District Board of Education – Annual Budget Hearing
May 14, 2013 7:00 p.m.
* DRAFT *
PRESENTATION OF PROPOSED 2013-2014 BUDGET (cont’d)
In the area of transportation, the district will initially continue using district-owned and thirdparty contractor busing. Ilion contracts for pupil transportation services with Birnie Bus while
Mohawk owns its bus fleet and the drivers are employees of the district.
Finances – Mr. Vivacqua reported that the total 2012-2013 combined budgets of the two school
districts is $42,062,610, along with anticipated growth of $1,261,878 (3%), and $683,810 in
first-year additions and deletions, bringing the proposed 2013-2014 expenditure budget to
$44,008,298.
Estimated revenues (exclusive of property tax) were reported to be $35,810,975, along with
$8,197,323 in property taxes, for a total proposed revenue budget of $44,008,298. Mr.
Vivacqua reported that the budget estimate from the roadmap was $44,008,298, while the
actual proposed budget estimate came in at $44,125,000.
Expenditures were reported to be up 4.90%, while property taxes were reported to be down by
6.99%. Mr. Vivacqua explained that the increase over the prior year’s Ilion/Mohawk combined
budgets was $2,062,239 or 4.90%. These increases are seen in the areas of employee benefits
($815,000), transportation ($354,000), and debt service ($648,000). Items considered to be
one-time expenses would include moving classrooms, purchasing new sports uniforms, and
teacher training.
Mr. Vivacqua reviewed the line items of the estimated expenditure budget and noted that it is a
three-part budget as follows: Program (64.40%), Capital (24.30%), and Administrative (11.30%).
Items included in the estimated revenue budget include State Aid (77.4%), Property Taxes
(18.5%), Other (3.0%), and Fund Balance (1.1%).
The state has a two percent tax levy limit. While the Board could have presented a budget with
more than a 9.5% increase, it followed the reorganization roadmap and lowered the overall tax
levy from $8,751,544 to $8,140,180. Mohawk residents will see a reduction in their taxes while
Ilion’s taxes will go up slightly. Total tax on true, as well as Basic and Enhanced STAR
exemptions were also reviewed.
Mr. Vivacqua reported that the challenge for the Board will be to save as much as they can and
to spend less so they can build the fund balance back up. That will give the new district greater
tax stability when the incentive aid runs out.
The district’s Annual Budget Vote will take place on Tuesday, May 21, 2013, from 12:00 Noon –
8:00 p.m. at the Ilion Jr/Sr High School in the small gym.
PUBLIC COMMENT
There were no comments or questions from the public at this time.
ADJOURNMENT
On a motion made by Mr. Schell, seconded by Mr. LaLonde, the Board adjourned their Annual
Budget Hearing at 7:18 p.m. Motion carried 7-0.
Marsha Griffith
District Clerk, Board of Education
Page 2
Central Valley School District Board of Education – Regular Meeting
May 14, 2013 7:19 p.m.
* DRAFT *
The Board’s Regular Meeting was called to order by President Stephen Coupe, at 7:19 p.m. in
the Jarvis High School Auditorium, immediately following the Annual Budget Hearing.
Members Present
Stephen Coupe
Vicki Judd
Daniel LaLonde
William Lennox
Walt Roginski
Fred Schell
Matthew Shedd
Members Absent
None
Staff Present
Mark Vivacqua, Dist. Supt.
Cosimo Tangorra, Jr., Supt.
Gene Beirne, Interim Supt. (M)
Kenneth Long
Lisa VanWinkler
Lisa Hoffman
Guests Present
Anne Schell
Dick Bridger
Ed Eysaman
Cathy Eysaman
Orbano LaPorte
John LiBritz
Dawn Gleba
Debbie English
Cindy Stocker
Rebecca Smith
Shelly Pickett
Jennifer Russ
Kerry Tarolli
Fred Schell
Dick Keeler
Carol Ann Eysaman
Adrianna Rice
Kimberly LiBritz
Tammy Morgan
John Casadonte
Denise Mabbett
Renee Rudd
Donna Thompson, Telegram
David Pellow
Michael Croneiser
Phil Squadrito
PRESENTATIONS
Architect and Construction Manager
Michael Croneiser, Construction Manager from C&S Companies, along with Kerry Tarolli and
Phil Squadrito of King & King Architects, provided the Board with an update on the EXCEL
Projects that are ongoing in both districts.
Mr. Croneiser reported that the Mohawk project focused primarily on safety and energy
management, including the removal and filling in of the swimming pool at Fisher Elementary
School. The work in that area is approximately 60-70% complete as some outside work still
remains around the area where the pool was. Mr. Croneiser explained that Ilion’s project was
larger and included tiling in the hallways, work in the Media Center, resurfacing of the track,
and replacing light poles in the baseball field and track area due to safety concerns. The work
at Ilion is expected to be completed by the end of the summer.
Cosimo Tangorra, Superintendent, reported that the districts initially thought that any
remaining EXCEL money would have to be spent prior to July 1. Fortunately, the districts have
since learned that this money will still be available when the new district takes over. The
estimated one million dollars remaining between the two schools could be used for some of the
building preparation work. Mr. Tangorra will be meeting with the school’s attorney and King &
King to determine how to move forward with the existing contracts after June 30, 2013, once
they are taken over on July 1, 2013, by the Central Valley School District. Mr. Squadrito
suggested using unallocated funds to replace the Ilion and Mohawk names, colors, and logos in
the buildings with those of Central Valley. That way the district could get some of the work
done while the contractors and designers are still on site.
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May 14, 2013 7:19 p.m.
* DRAFT *
Architect and Construction Manager (cont’d)
Superintendent Tangorra stated that with the students starting school in September, he would
like the Board to think about how to best neutralize the buildings while honoring the traditions
of both districts. Both districts have many plaques, awards, and trophies that are proudly
displayed in the current buildings. We need to find a way to honor the past accomplishments
of both districts while keeping room for the future accomplishments of the new district.
Mr. Lennox pointed out that, when the merger went through, everyone realized that things
would have to be neutralized in order to come up with a new identity. The Gold & Brown and
Black & Orange will have to be eliminated. He suggested that each district take the best of
those past accomplishments and display them as a group together. The titles of “Mohicans”
and “Bombers” will have to go as soon as possible in order to start our new identity. The
students will be voting on the new colors and mascot this week.
Mrs. Judd suggested a historical timeline of both districts in order to show what they looked
like before the merger. She feels this could be done in terms of history, highlighting both
districts until they came together into one. According to Mr. Squadrito, Camden Central School
scanned information into a software program that allows visitors to go to a computer station
and call up information about alumni, awards, and accomplishments. In this way, the Camden
district was able to clear quite a bit of space and archive a lot of items and information.
After the students vote to determine the colors and mascot, Mr. Tangorra will meet with King &
King to bring a plan to the Board for their consideration. The possibility of using volunteers to
help paint was raised. Mr. Tangorra reported that qualified, insured contractors would be
needed for any work done as part of the EXCEL project.
BOCES Policy Services/Updates
David Pellow and Jennifer Russ of the BOCES Policy Service were in attendance to explain the
process for setting, making, and reviewing policies. The Board was provided with copies of a
PowerPoint presentation explaining the three functions of the policy service which include
online policies, e-mail updates of new laws, and policy audits.
Mr. Pellow recommended that the Board review and adopt all mandated policies as soon as
possible in order to have them in place beginning in July. Once the mandated policies are in
place, the Board can then work to develop additional policies one section at a time. The Board
has already adopted General Commitments Policy #0010 – Code of Ethics, as well as School
Board Operations Policy Series #2000.
Mr. Tangorra suggested that once mandated policies have been adopted, that the Board start
reviewing Instruction Policy Series #8000 as a demonstration that this is the Board’s focus for
the new district. Mr. Roginski suggested that the Board review proposed policies on NonResident Students, and Mrs. Judd suggested the same for policies pertaining to community
interest such as field usage. Mr. Tangorra will e-mail Ms. Russ with a list of policies that the
Board would like to consider so that they can be prepared for the Board’s review at their next
regular meeting. Mr. Coupe requested that the Board receive a schedule of how and when the
Board will be reviewing these policies.
Mr. Pellow reviewed a list of “notifications” that are required to be provided to
students/parents on an annual basis. Although these notifications can be posted on the
district’s website, those notifications containing specific DASA (Dignity for All Students Act)
information must be mailed home. Mr. Pellow will check to verify the FERPA regulations
pertaining to these notifications.
(Copy of information on file in District Clerk’s files.)
Page 2
May 14, 2013 7:19 p.m.
* DRAFT *
Transition Teams
Mr. Beirne provided an update on the status of the transition teams. Team members were
praised for their hard work and determination.
Administration/Assignments – Mr. Beirne reported that the team has met to review the
seniority lists. Each teacher, in both districts, has been given their seniority information for
their review. It is hoped that the seniority information for non-instructional personnel will be
received tomorrow.
Athletics – The major points of focus from this team include new informs as their number one
priority, earlier opening of the Fitness Center in the morning, facilities and field usage,
equipment needs, and transportation for practices and events.
Cafeteria – The team suggests that prices for 2013-2014 increase due to increased and
additional costs, that all buildings use the swipe card system, and that Jarvis Middle School be a
closed campus for all grade levels.
Operations/Maintenance – The team recommends the purchase of three pick-up trucks, or two
pick-up trucks and one van, and the creation of a master list of equipment to determine what is
needed and what is not. The team’s concern at this time is the need for a schedule for moving
classrooms from one location to another.
Programs/Curriculum – The team suggests the creation of a pre-first classroom, as well as
increased offerings at the high school. Weighting of grades is always being reviewed. The
team’s priorities for the elementary, middle school, and high school were also submitted.
Special Ed – The team suggests coordinating services for referrals and a referral process. Mr.
Lennox asked about the money budgeted in this area and asked if that included testing. Mrs.
Lisa Hoffman explained how and when the testing takes place and how this affects a student’s
placement. It is the district’s goal to place special education students in the least restrictive
environment. Discussion took place with regard to Response to Intervention and how this
works. Support services are needed for students who are declassified so that they do not fall
behind.
Transportation – The team suggests the employment of a Transportation Supervisor who would
be directly responsible for all aspects of student transportation regardless of district-owned or
contracted fleet. The supervisor would oversee bus routes and deal with personnel matters.
The team suggests the purchase and implementation of Versatrans as a bus routing software.
They also suggested that transportation be provided as follows: to all kindergarten students
from established bus stops, to all students outside of the Ilion or Mohawk village limits, to all
students outside of one mile from their building for grades 1-6, to all students outside 1.5 miles
from their building for students in grades 7-12, and to all students whose walking route may be
unsafe (i.e. no sidewalks, etc.)
Mr. Beirne reported that the School Identity, Media Centers/Libraries, and Technology teams
are still meeting. The Scholarship team will not meet until the end of the 2012-2013 academic
year.
(Copy of information on file in District Clerk’ files.)
APPROVAL OF MINUTES
Regular Meeting – April 18, 2013
On a motion made by Mrs. Judd, seconded by Mr. Roginski, the Board approved the minutes of
their April 18, 2013, regular meeting. Motion carried 7-0.
Page 3
May 14, 2013 7:19 p.m.
* DRAFT *
ADMINISTRATIVE REPORTS AND RECOMMENDATIONS
Revisions to 2013-2014 School Year Calendar
Mr. Tangorra recommended that the Board consider a revised 2013-2014 calendar that would
add a second Superintendent’s Conference Day prior to the start of school on September 5,
2013, to allow staff to complete preparations for the opening of school. As a result, school will
now be in session for all students and staff on October 25, 2013. Mr. Roginski noted that the
second Superintendent’s Conference Day in September will cause our BOCES students to miss
their first day of classes there. He asked Mr. Tangorra to determine who those students are
and offer them the chance to attend their first day at BOCES even though school will not be in
session at Central Valley Academy.
School Resource Officer
Mr. Tangorra reported that there have been questions raised as to the position of a School
Resource Officer (SRO) in the new district. He has had a conversation with the Ilion Police Chief
about the value of having an SRO assigned to a school building and about how the community’s
concerns might be accomplished without one. He noted that an SRO is not an armed guard and
the appointment of an SRO does not mean that we have a safer school. If the concern is truly
safety, Mr. Tangorra stated that appointing an SRO and assigning him/her to one school
building and not the other three would not be the answer. They are not security guards.
Mr. Tangorra reviewed the many advantages of having an SRO in a school district. The SRO can
perform a number of duties and responsibilities that can be assigned to them by administration
and help to establish a channel of trust between students, staff and community. Mr. Tangorra
noted that both the Mohawk and Ilion districts currently have the same wonderful, symbiotic
relationship with their Village Police Departments. The functions that they currently provide
through that relationship are similar to those that would be provided by an SRO.
According to Mr. Tangorra, there is a COPS Grant available to municipalities, not to school
districts. The municipality receives 75% towards an entry level officer for the first three years
with 25% to be paid by the district. Starting in the fourth year and thereafter, the district would
be required to pay 100% of the position. In his conversations with the Safety Office and the
Ilion Police Department, the representatives have indicated that they will most likely not apply
for a grant as they are already understaffed in beat officers. After Chief Malone of the
Mohawk/Herkimer Police Department was contacted about applying for the grant, it was
learned that there could be jurisdictional issues. For example, if the Village of Ilion receives a
grant for an SRO, that officer would be restricted from going into Jarvis or Fisher due to
jurisdiction issues. The same would be true if the Village of Mohawk received a grant. That
officer would then be restricted from going into Barringer Elementary or Central Valley
Academy (CVA).
Mr. Tangorra reported that for the same or less money, the district could employ security
officers. Oneida County BOCES has a service for student management security. While he
understands that there is some angst and unrest about the two groups starting school together
at CVA, he does not feel that there will be any more issues than at any other high school. The
presence of one SRO is not going to fix this. Many of these students have known each other for
years, have played on sports teams together, and know each other through social media. Mr.
Tangorra stated that although he is not opposed to moving forward with an SRO if the Board so
chooses, it may not be the best use of the new district’s money. Another suggestion would be
to hire more social workers or counselors to work with the students and still use the local police
departments to get the effect of an SRO. The Board will need to make a decision on hiring an
SRO, security guard, or remaining status quo based on reality, fact, and what the district can
actually afford.
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May 14, 2013 7:19 p.m.
* DRAFT *
School Resource Officer (cont’d)
Mr. Schell asked what the difference would be between an SRO and a security guard. Mr.
Tangorra reviewed the costs associated with the SRO as compared to security guards and what
the district can sustain. We already purchase services through the Oneida County Safety Office.
Mrs. Judd suggested additional disaster training as an option to staff, as well as awareness
training to parents. Items such as bullet-proof windows were also suggested. Mr. Lennox
stated that he feels the district needs to focus on how it can achieve the most safety possible
for the money. This could even include more video cameras.
Mr. Shedd suggested that the police departments should get involved in sharing the costs,
along with possible additional funding from area businesses. He does not feel the district can
put a price on this by saying it cannot be sustained after four years. Including the Crisis
Management Team was also suggested. Mr. Tangorra clarified that his point was not that it is
too expensive. However, the Board is not buying peace of mind by simply moving forward with
an SRO position.
Mr. Lennox suggested that the district invite the police departments and other facilities to
come in and help. Mr. LaLonde suggested using the BOCES Safety Office more and noted that
he feels we have already accomplished some of this. Most schools that have had SRO’s have
had to cut them after several years. He feels the Board needs to look at other options to serve
the entire district and not just one building. Mr. Lennox noted that there have been studies
done since Sandy Hook and suggested that the Board tap into those resources.
Mr. Tangorra suggested that the district pursue a COPS Grant through the municipalities or
Sherriff’s department. If the grant is received, the Board can reassess the position after three
years to see if it is needed and successful. If the grant is not awarded, the Board can find other
ways to address the district’s needs and look at the resources we already have.
Mr. Roginski stated that he agrees that the Board needs to determine what their actual goal is.
The Board needs to look to experts to give us advice in handling crisis situations. The
suggestion of fire protective doors that would close and secure students and staff from an
intruder would provide more protection than one person securing the school. He further
stated that he is against having a gun in school. Mr. Schell suggested reaching out to the police
department to have a representative come to the Board’s next meeting. Mr. Tangorra will
contact the police departments and safety office. Mr. Schell also suggested contacting the
media to be sure community members know about the discussion as he has heard many
concerns regarding safety.
Mr. Tangorra stated that he is working with a company that could survey community members,
students, and staff. This would help us get feedback about what the major concerns are on
various topics. Mr. Coupe stated that he feels the Board needs an analysis of the situation. The
SRO is a solution to a problem we don’t even know exists. A district-wide risk assessment could
be done to determine what the top ten concerns are first. Mr. Vivacqua reported that the
safety office will be able to provide a safety audit, a list of priorities, and ways to match the
problem with a solution.
This item will be brought back to the Board for their continued review and discussion at their
next meeting.
Policy Draft #8440
Grading and Homework – The Board received copies of Draft Policy #8440 - Grading and
Homework. Mr. Tangorra stated that the Board needs to determine how to set the tone that
the district is focused on student learning and success. Students and parents need to know the
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May 14, 2013 7:19 p.m.
* DRAFT *
Policy Draft #8440 (cont’d)
expectations and that we are creating an environment that cultivates success. Mr. Tangorra
stated that he feels this draft policy is a step in the right direction. He encouraged the Board to
review it carefully and give him their feedback as he would like to discuss how this Board will
take their policy responsibilities to impact what is happening in the classroom. If approved, this
policy would become the district-wide “law” that the Board has authorized.
Mr. Coupe asked if this policy advocates for homework to be graded for only certain students.
Mr. Tangorra reported that it would be used to help identify strengths and weaknesses. Mr.
Schell stated that he is concerned about the policy being carried out and enforced. While he
believes students should be put in classes that challenge them, he is struggling with how the
teachers are going to have the ability to separate it. Mr. Tangorra stated that he would bring
examples of how this could work. Mr. Coupe expressed concern that every time you raise the
importance of an assessment tool, you pollute the accuracy of the assessment tool. Teachers
end up having to teach to the test and human tendency is played out. Mr. Shedd noted that
trying to develop various lessons by student must be quite challenging. Mr. Tangorra stated
that this is what is required of each teacher in the state.
Mr. Schell asked about accountability. Mr. Tangorra stated that the whole point of the
reorganization is to push the envelope to increase the performance of students and employees
of the district. It is going to be uncomfortable. Mr. Schell stated that although he likes the
idea, he is worried about the implementation. Mr. Tangorra stated that the implementation
and evaluation of the process will be brought to the Board. Whatever the final policy looks like,
the Board will approve it. It will then be up to the administration to implement it and enforce
it. It is the same as curriculum. The Board policy is the local law and it will be treated that way.
Mr. Lennox asked if this would help students who learn at a slower pace. Mr. Tangorra stated
that he feels it will help each child and noted that there are some schools that already have this
in place.
This item will be brought back to the Board for their continued review and discussion at their
next meeting.
BOE Meeting Schedule
The Board’s next regular meeting will be held on Tuesday, May 28, 2013 at 7:00 p.m. in the LGI
at Ilion High School. In addition, the Board received a draft meeting schedule for the 2013-2014
school year. The Board will review the draft schedule and consider formal adoption at their
next regular meeting on May 28, 2013.
Personnel Appointments
Mr. Tangorra reviewed the personnel appointments that he will be recommending this evening
for formal Board action as follows:
Cindy Stocker – Assistant Superintendent for Teaching, Learning and Planning
James Humphrey – Director of Athletics and Facilities
Lisa Hoffman – Director of Student Services
Frances LaPaglia – Director of Human Resources
Renee Rudd – Building Principal
Jeremy Rich – Building Principal
Marsha Mays-Smith – Building Principal
Richard Keeler – Assistant Building Principal
Marsha Griffith – Secretary to the Superintendent
Deb Egland – District Office Secretary
Page 6
May 14, 2013 7:19 p.m.
* DRAFT *
Personnel Appointments (cont’d)
Mr. Lennox asked about the administrative appointments for the Jarvis Middle School. Mr.
Tangorra reported that he is talking with a potential candidate for the Assistant Principal
position, and the district has advertised for a Middle School Principal. Mr. Lennox asked if there
were any worries about the age range at Jarvis (5-8). Mr. Tangorra reported that although
there will be challenges, they will be no more than the challenges faced in the other buildings.
This will be determined by the personnel appointed to the positions.
Mr. Roginski asked if the salaries and job descriptions for the appointments have been
discussed. Mr. Tangorra reported that these employees will not receive any less than they did
last year. Mr. Lennox asked for a clarification of duties for the Director of Athletics and
Facilities. Mr. Tangorra reported that the director will oversee the facilities, safety plans,
facilities and building usage, construction projects, maintenance schedule for HVAC, etc.,
provide supervision of coaches, and serve as the Athletic Director for which he is certified.
SBI Meeting Calendar and Trainings
The Board received copies of the School Boards Institute Calendar of meetings and workshops
for the 2013-2014 school year. Those in need of the mandated training sessions will be
registered as follows:
Part 1&2 - New BOE Member Orientation/Required Training (Aug. 7 and 28, 2013)
William Lennox
Fred Schell
Walt Roginski
Matt Shedd
Part 1&2 - Fiscal Oversight Fundamental Training [FOT] (Oct. 17 and Nov. 7, 2013)
William Lennox
Walt Roginski
Mr. Tangorra stated that the annual New York State School Board’s Association (NYSSBA)
Convention will be held on October 24-26, 2013. Registration will open in June. All Board
members are encouraged to attend. More information will follow as it becomes available.
Unit Development and Negotiations
Mr. Tangorra updated the Board on the bargaining units for the new district. The
administrators’ unit is shaping up well. It is expected that the instructional and noninstructional groups will take longer to come together.
PUBLIC OPEN FORUM
There were no comments or questions from the public at this time.
NEW BUSINESS
Approval of Vote Worker Appointments for Annual Budget Vote
Upon the recommendation of Superintendent Cosimo Tangorra, Jr., on a motion made by Mr.
Schell, seconded by Mrs. Judd, the Board approved the appointments of the following vote
workers for the Annual Budget Vote to be held on May 21, 2013, at a salary of $15.00 per hour
for the Vote Chairman and Election Inspectors/Assistant Clerks. Motion carried 7-0.
Page 7
May 14, 2013 7:19 p.m.
* DRAFT *
Approval of Vote Worker Appointments for Annual Budget Vote (cont’d)
Clerk of the Vote:
Marsha Griffith
Vote Chairman:
Charles Mower
Election Inspectors/Assistant Clerks:
Margaret Casey
Carol Denison
Marilyn Bridger
Sharon Adams
Judith Thomes
Diana Geno
Terry Mower
Dawn Korba
Mary Ann Vogel
Mary Jane Guile
Approval of 2013-2014 Non-Public School Transportation Requests
Lennox, seconded by Mr. LaLonde, the Board approved the following non-public school
transportation requests for the 2013-2014 school year. Motion carried 7-0.
Mohawk Valley Christian Academy:
Fisher:
Alexandria
Lee:
Bethany and Mariah
Manno:
Gavin
St. Francis de Sales Regional Catholic School:
Albrecht: Hudson
Jacquays: Samuel, Thomas, and Calvin
Branner: Aubrey
Lewis: Kara
Bray: Bailey and Maggie
Reese: Jonathan
Brouillette: Margaret
Sanchez: Hannah and Madison
Canipe: Megan and Molly
Shaver: Kendra
Fitzer: Paige
Stone: Evan and Emily
Geloso: Dominick and Vincenzo
Stone: Nathaniel
Waite: Abigail and Christopher
(Copy of requests on file in District Clerk’s files.)
Approval of Personnel Appointments
Roginski, seconded by Mr. LaLonde, the Board approved the following full-time, 12-month
personnel appointments, effective July 1, 2013. Motion carried 7-0.
Cynthia Stocker – Assistant Supt. for Teaching, Learning and Planning
James Humphrey – Director of Athletics and Facilities
Lisa Hoffman – Director of Student Services
Frances LaPaglia – Director of Human Resources
Renee Rudd – Building Principal
Jeremy Rich – Building Principal
Marsha Mays-Smith – Building Principal
Richard Keeler – Assistant Building Principal
Marsha Griffith – Secretary to the Superintendent
Deb Egland – District Office Secretary
Adoption of Resolution to Change the Legal Name of the School District
Schell, seconded by Mr. Roginski, the Board approved the following resolution to change the
legal name of the school district. Motion carried 7-0.
“WHEREAS, Section 315 of Education law and Section 240.3 of Commissioner’s Regulations provides that
a reorganized central school district may request to change the name of their school district, and
Page 8
May 14, 2013 7:19 p.m.
* DRAFT *
Adoption of Resolution to Change the Legal Name of the School District (cont’d)
WHEREAS, the Commissioner’s Order centralizing the Ilion Central School District and the Mohawk
Central School District was approved by the voters of each district, and
WHEREAS, such centralization shall take effect on July 1, 2013,
RESOLVED, that the Board of Education of the Ilion-Mohawk Central School District, Herkimer County,
does hereby request the Commissioner of Education to change the legal name of said school district to
Central Valley Central School District at Ilion and Mohawk (or at Mohawk and Ilion), effective July 1,
2013.”
(Copy of resolution on file in District Clerk’s files.)
OLD BUSINESS
Approval of Revision to 2013-2014 School Year Calendar
Upon the recommendation of Superintendent Cosimo Tangorra, Jr., on a motion made by Mrs.
Judd, seconded by Mr. Lennox, the Board approved revisions to the 2013-2014 school year
calendar as reviewed by Superintendent Tangorra. Motion carried 7-0.
BOARD FORUM
Mr. Lennox expressed concern that there was a quarter million dollars budgeted for
substitutes. Mr. Long reported that this number includes coverage for maternity leaves. Mr.
Lennox also asked about the instructional salary listed for the Business Office. Mr. Long
reported that the number represents his salary as that is the only category that is available to
select.
Mr. Schell noted that the district merged to combine and consolidate. He does not feel we are
consolidating if all the instructional positions are being kept. Mr. Schell stated that he is curious
what some of the teachers’ jobs will be and asked if it would be possible to use current staff
members as district substitutes instead of hiring out. Mr. Tangorra stated that he anticipates
having the instructional personnel appointments assigned for the Board’s consideration at their
next regular meeting on May 28, 2013. He further stated that it might be possible to use
current instructional staff as substitutes.
Mr. Shedd asked if the seniority was straight forward. Mr. Tangorra confirmed this. Mr.
Lennox asked what the deadline was for teachers announcing their retirement. Mr. Beirne
reported that for teachers in Mohawk, it was in March. Mr. Tangorra reported that the
deadline in Ilion was extended to June 1st.
Mrs. Judd asked if Summer School was being offered this year to those who need it. Mr.
Tangorra reported that although there will be Summer School, it will have to be determined
who will participate and who will not. Mrs. Judd asked if the Ilion district currently offers the
Twilight Program for those in need of tutoring as part of out of school suspensions. Ms. Rudd
stated that the Ilion district has a similar tutoring program and that it is held at the public
library.
Mr. Roginski asked how tenure works for employees moving forward into the new district. Mr.
Tangorra reported that tenure will follow all employees who have received it. Mr. Roginski also
asked the Board to consider reviewing and adopting an Academic Eligibility policy prior to the
start of the fall season.
Page 9
May 14, 2013 7:19 p.m.
* DRAFT *
BOARD FORUM (cont’d)
Mr. Schell asked if there will be a plan for students to be able to stay after school for extra help
when they need it. Mr. Tangorra reported that currently, Ilion offers this help after school from
2:50-3:20 p.m. Mr. Beirne reported that this also takes place after school in Mohawk on a
rotating schedule based on subject area. Extra help will be available in the new district as well.
ADJOURNMENT
On a motion made by Mr. Roginski, seconded by Mr. LaLonde, the Board adjourned their
regular meeting at 9:29 p.m. Motion carried 7-0.
Marsha Griffith
District Clerk, Board of Education
Page 10
CENTRAL VALLEY SCHOOL DISTRICT
BOARD OF EDUCATION PRINCIPLES OF OPERATION
Student and Taxpayer Equity The Board of Education’s first priority will be to
ensure that all children of the Central Valley School District receive a quality
education. The Board’s second priority will be to balance that quality education
with what the community can afford to provide.
Governance verses Management The Board of Education will focus on planning,
policy-making and communication. The management of the district and the
schools will be the focus of the Superintendent of Schools and the administration.
The Authority of the Board of Education The Board of Education realizes that the
board as a whole has authority and that individual members do not.
Constituency The Board of Education represents the entire community of the
Central Valley School District and not any one group of people. The members of
the Board of Education will encourage community members to present their
questions, concerns or comments to the Superintendent of Schools, district
employees, or the board as whole rather than individual members of the Board of
Education.
Agendas The Board of Education agrees to speak to issues on the agenda and to
attend to the business of the board. Board members should ask either the
Superintendent or Board President to place items on an agenda and endeavor not
to allow comments or questions from the audience to impede with the agenda in
hand.
Respect The members of the Board of Education agree to interact with one
another with respect and consideration. Negative words, gestures, inflections will
be avoided when the board is engaged in debates of differing points of view.
Efficient Meetings The Board of Education acknowledges that meetings are for
conducting business, making decisions and action; not infinite discussion and
debate. Once a decision has been made the members of the board agree to move
on to other issues regardless of the vote of an individual member.
Confidentiality The Board of Education recognizes that confidentiality is a key
component of board membership and is essential to the development of a
productive and cohesive board. Board members acknowledge the legal
requirements regarding topics discussed in executive session and the sensitive
nature of the duties of school district governance.
Policy
Draft 05/23/2013
1100
COMMUNITY RELATIONS
RECORDS MANAGEMENT
I.
II.
RECORDS RETENTION:
A.
The District retains records in accordance with Article 57-A of the Arts & Cultural
Affairs Law. To ensure that these records are properly preserved, the Board of
Education adopts the Records Retention and Disposition Schedule (ED-1)
promulgated by the Commissioner of Education.
B.
The Board of Education authorizes the Superintendent to establish procedures for the
retention and disposition of records that are not governed by ED-1.
PUBLIC ACCESS TO RECORDS:
A.
The District makes records available to the public in accordance with the New York
State Freedom of Information Law.
B.
The District’s Records Access Officer is: Name, Title, business address, business
telephone number, business e-mail address.
_________________________________
_________________________________
_________________________________
_________________________________
C.
The Superintendent shall promulgate regulations that define the duties of the Records
Access Officer and establish procedures to ensure that the District complies with the
requirements of the Freedom of Information Law.
Central Valley Central School District
Legal Ref:
Article 57-A of the Arts & Cultural Affairs Law; Article 6 of the Public Officers’
Law; Sections 2116 & 2116-a of the Education Law; 8 NYCRR 185.12, Appendix I.
Adopted:
_____
Page 1 of 1
SUPERINTENDENT’S REGULATION
Draft 05/23/2013
COMMUNITY RELATIONS
1100.1
PUBLIC ACCESS TO RECORDS
I.
PURPOSE
The Superintendent of Schools promulgates this regulation to ensure compliance with the
Freedom of Information Law (Article 6 of the Public Officers’ Law) and the related Rules
of the Committee on Open Government.
II.
DUTIES OF RECORDS ACCESS OFFICER
A.
Ensure that the District appropriately responds to public requests for access to
records.
B.
Assist persons seeking records to identify the records sought, if necessary, and
when appropriate, indicate the manner in which the records are filed, retrieved or
generated to assist persons in reasonably describing records.
C.
Contact persons seeking records when a request is voluminous or when locating
the records sought involves substantial effort, so that agency personnel may
ascertain the nature of records of primary interest and attempt to reasonably
reduce the volume of the records requested.
D.
Certify that a record is a true copy, if requested.
E.
Post in a conspicuous location:
F.
1.
the place where records will be made available for inspection and
copying,
2.
the Records Access Officer’s name, title, business address, business
telephone number, and business e-mail address;
3.
the right to appeal a denial of access to a record, including the name and
business address of the District Clerk, to whom appeals are directed.
Maintain a reasonably detailed subject matter list, by subject, of all records in
possession of the District, whether or not records are available to the public under
subdivision two of section eighty-seven of the Public Officers' Law. The subject
matter list shall be sufficiently detailed to permit identification of the category of
the record sought. The subject matter list will be updated annually, and the date
of the most recent update shall be conspicuously indicated on the list.
Page 1 of 6
Draft 05/23/2013
COMMUNITY RELATIONS
1100.1
III.
IV.
REQUESTS FOR ACCESS TO RECORDS
A.
All requests to obtain or inspect copies of district records shall be submitted to the
Records Access Officer. Requests will be accepted by mail, email or in person
during all hours the District is regularly open for business. A form for requesting
records by e-mail is available at the website of the Committee on Open
Government, http://www.dos.state.ny.us/coog/emailrequest.html.
B.
A request shall reasonably describe the record(s) sought, including whenever
possible, dates, file designations or other information that may help to describe the
records sought.
RESPONSE TO REQUESTS FOR ACCESS
A.
Within five business days of receipt of the request, the Records Access Officer
shall respond to the request by taking one of the following actions:
1.
Making the requested record(s) available for inspection and photocopying;
in which case the Records Access Officer or another designated District
employee shall be physically present while such records are being
examined or copied, or
2.
Providing a copy of the requested record(s) on the medium requested (if
that technology is available), or
3.
Denying access to the requested record(s), in whole or in part, in which
case the requester will be notified in writing of the reason for denial and
his/her rights as to appeal to the individual or body established to hear
appeals. The denial will include the name of the name, title, business
address and business telephone number of the individual designated to
hear appeal, or
4.
Acknowledging receipt of the request in writing, including the
approximate date when the request will be granted or denied in whole or in
part, which shall be reasonable under the circumstances (and in most
cases, shall not exceed 20 business days), or
5.
Certifying that the record(s) have not been located because the District is
not the custodian of the record(s), or because the record(s) cannot be found
after diligent search.
Page 2 of 6
Draft 05/23/2013
COMMUNITY RELATIONS
1100.1
V.
B.
If the District maintains requested records on the internet, the District’s response
to the requester shall inform the requester that the records are accessible via the
internet and in printed form either on paper or other information storage medium.
C.
When a request is made for the electronic production of electronic records, the
District will respond in a manner substantially similar to the model response
appearing on the website of the Committee on Open Government,
http://www.dos.state.ny.us/coog/emailresponse.html.
APPEAL OF DENIAL OF ACCESS
A.
An applicant denied access to a public record may file an appeal by delivering a
written letter of appeal with a copy of the request and denial to the District Clerk,
within thirty (30) days after the denial from which appeal is taken.
B.
An appeal for denial of access to records will be determined by [Select one –
Superintendent, Individual designated by the Board of Education, or Board of
Education].
C.
The individual designated to hear appeals shall transmit to the Committee on
Open Government copies of all appeals and ensuing determinations. Such copies
shall be addressed to:
Committee on Open Government
Department of State
41 State Street
Albany, New York 12231
D.
VI.
The person designated to hear appeals shall inform the person making the appeal
and the Committee on Open Government of his/her determination in writing
within ten (10) business days of receipt of an appeal, identifying 1) The date and
location of the requests for records; 2) A description, to the extent possible, of the
records that were denied; and 3) The name and return address of the appellant.
FEES
A.
Except when a different fee is otherwise prescribed by statute:
Page 3 of 6
Draft 05/23/2013
COMMUNITY RELATIONS
1100.1
1.
There shall be no fee charged for a search for records, the inspection of
records, or the certification of records.
2.
The fee for photocopying records is 25 cents for each page not exceeding 9
by 14 inches.
3.
The fee for copies of records not covered by above paragraph 2 shall not
exceed the actual cost of reproducing a record. The actual cost may
include only:
The amount equal to the hourly salary attributed to the lowest paid
employee who has the necessary skill to copy the record. However, the
fee shall not include search time or administrative costs, and no fee
shall be charged unless at least two hours of employee time is needed to
prepare the copies.
The actual cost of the storage devices or media provided to the person
making the request in complying with the request;
The actual cost of engaging an outside professional service to prepare a
copy (if the District’s technology equipment is inadequate to prepare a
copy); and
The requester shall be informed of the estimated cost of preparing a
copy if more than two hours of employee time is needed, or if an
outside professional service would be retained to prepare a copy of the
record.
VII.
B.
Copying and billing will be handled by a secretary in the Main Office at the
request of the Records Access Officer. No records shall be reproduced until
payment is tendered in cash, check or money order, payable to District.
C.
Copies of agendas or minutes of previous School Board meetings will be available
in limited quantities at the time of the meeting at no charge.
RECORDS UNAVAILABLE FOR INSPECTION OR COPYING
A.
To prevent unwarranted invasions of personal privacy, the following are not
available for public inspection and copying:
Page 4 of 6
Draft 05/23/2013
COMMUNITY RELATIONS
1100.1
B.
1.
Matters of a personal nature as may have been reported in confidence to
the Board of Education and which are not relevant or essential to the
ordinary work of the Board of Education;
2.
Employment, medical, credit histories or personal references of applicants
for employment, except such records will be disclosed when the applicant
provides a written release permitting such disclosure;
3.
Items involving the medical or personal records of employees or students;
4.
Lists of names and addresses in the possession of the Board of Education,
if such lists are to be used for private, commercial or fund-raising
purposes;
5.
Items of a personal nature when disclosure would result in economic or a
personal hardship to the subject party and such records are not relevant or
essential to the ordinary work of the Board of Education.
Also exempted from disclosure under this Policy are records that:
1.
are specifically exempted by statute;
2.
if disclosed would impair present or imminent contract awards or
collective bargaining negotiations;
3.
are trade secrets or are submitted to the District by a commercial enterprise
or derived from information obtained from a commercial enterprise and
which if disclosed would cause substantial injury to the competitive
position of the subject enterprise;
4.
are compiled for law enforcement purposes and which, if disclosed,
would:
a.
interfere with law enforcement investigations or judicial
proceedings;
b.
deprive a person of a right to a fair trial or impartial adjudication;
c.
identify a confidential source or disclose confidential information
relating to a criminal investigation; or
Page 5 of 6
Draft 05/23/2013
COMMUNITY RELATIONS
1100.1
d.
reveal criminal investigative techniques or procedures, except
routine techniques and procedures;
5.
if disclosed could endanger the life or safety of any person;
6.
are inter-agency or intra-agency materials which are not:
a.
statistical or factual tabulations or data;
b.
instructions to staff that affect the public;
c.
final agency policy or determinations; or
d.
external audits, including but not limited to audits performed by
the comptroller and the federal government;
7.
are examination questions or answers which are requested prior to the final
administration of such questions, or
8.
if disclosed, would jeopardize the capacity of an agency or an entity that
has shared information with the agency to guarantee the security of its
information technology assets, such assets encompassing both electronic
information systems and infrastructures.
Approved by Superintendent: _______
Page 6 of 6
Policy
New 03/28/2013
4302
FISCAL MANAGEMENT
INVESTMENTS
I.
Investment Objectives
Funds held by the District that are in excess of the amount required to meet short term cash
flow needs, and are not otherwise encumbered, shall be invested to provide the District with
the best rate of return available without exposing the principal to an unreasonable risk of loss.
All investments made on behalf of the District shall comply with the requirements of all
applicable federal and state laws, including the Education Law, General Municipal Law, and
Local Finance Law.
II.
Authority to Invest District Funds
As permitted by Section 11 of the General Municipal Law, the Board of Education authorizes
the Superintendent or designee, as an officer having custody of the District’s funds, to invest
the District’s funds in a manner consistent with this Policy.
III.
Standards for Selecting Investments
A.
Prudence
All participants in the investment process shall act as custodians of the public trust
and shall avoid any transaction that might impair public confidence in the District.
They shall make investment decisions with the judgment and care exercised by a
reasonably prudent person in the conduct of their own affairs.
B.
Conflict Avoidance
All participants in the investment process shall refrain from personal business activity
that could conflict with proper execution of the investment program or impair their
ability to make impartial investment decisions.
C.
Diversification
Investments of District funds, including bank deposits, are to be diversified in terms
of the type of investments made, the maturity dates of investments, and the choice of
financial institution or broker to place or hold the investment.
D.
Permitted Investments
Consistent with the other provisions of this Policy, the Superintendent or designee
may invest funds in the following ways:
Page 1 of 4
POLICY
New 03/28/2013
4302
FISCAL MANAGEMENT
INVESTMENTS
E.
1.
Special time deposit accounts;
2.
Certificates of deposit;
3.
Obligations of the United States of America;
4.
Obligations guaranteed by agencies of the United States of America where the
payment of principal and interest are guaranteed by the United States of
America;
5.
Obligations of the State of New York;
6.
Certificates of deposits purchased by a bank or trust company in the manner
described in, and meeting all the conditions of, Section 11(2)(a)(2) of the
General Municipal Law; and
7.
Obligations of this local government, but only with any moneys in a reserve fund
established pursuant to General Municipal Law Section 6-c, 6-d, 6-e, 6-g, 6-h,
6-j, 6-k, 6-l, 6-m, or 6-n.
Assured Availability
All investment obligations shall be payable or redeemable at the option of the District
within such times as the proceeds will be needed to meet expenditures for purposes for
which the moneys were provided and, in the case of obligations purchased with the
proceeds of bonds or notes, shall be payable or redeemable at the option of the School
District within two years of the date of purchase.
IV.
Collateralization of Certain Investments
Investments in the form of special time deposits and certificates of deposit shall be
collateralized as provided in policy governing District deposits.
V.
Purchase and Custody of Investments
A.
Purchase of Investment Assets
The Superintendent or designee is authorized to contract for the purchase of
investments:
1.
Directly, including through a repurchase agreement, from an authorized trading
partner;
Page 2 of 4
POLICY
New 03/28/2013
4302
FISCAL MANAGEMENT
INVESTMENTS
B.
2.
By participation in a cooperative investment program with another authorized
governmental entity pursuant to Article 5G of the General Municipal Law where
such program meets all the requirements set forth in the Office of the State
Comptroller Opinion No. 88-46, and the specific program has been authorized
by the Board; or
3.
By utilizing an ongoing investment program with an authorized trading partner
pursuant to a contract authorized by the Board.
Custody of Investment Assets
All purchased obligations, unless registered or inscribed in the name of the District, shall
be purchased through, delivered to and held in the custody of a bank or trust company.
Such obligations shall be purchased, sold or presented for redemption or payment by
such bank or trust company only in accordance with prior written authorization from the
officer authorized to make the investment. All such transactions shall be confirmed in
writing to the District by the bank or trust company. Any obligation held in the custody
of a bank or trust company shall be held pursuant to a written custodial agreement as
described in General Municipal Law, Section 10.
C.
Segregation of Investment Assets
The custodial agreement shall provide that securities held by the bank or trust company,
as agent of and custodian for, the District, will be kept separate and apart from the
general assets of the custodial bank or trust company and will not, in any circumstances,
be commingled with or become part of the backing for any other deposit or other
liabilities. The agreement shall describe how the custodian shall confirm the receipt and
release of the securities. Such agreement shall include all provisions necessary to
provide the School District a perfected interest in the securities.
VI.
Repurchase Agreements
Repurchase agreements are authorized subject to the following restrictions:
1.
All repurchase agreements must be entered into subject to a Master Repurchase
Agreement.
2.
Trading partners are limited to banks or trust companies authorized to do
business in New York State and primary reporting dealers.
Page 3 of 4
POLICY
New 03/28/2013
4302
FISCAL MANAGEMENT
INVESTMENTS
VII.
3.
Obligations shall be limited to obligations of the United States of
America and obligations guaranteed by agencies of the United States of
America.
4.
No substitution of securities will be allowed.
5.
The custodian shall be a party other than the trading partner.
Authorized Financial Institutions and Dealers
A.
Preparation and Review of List
The Superintendent or designee is responsible for maintaining a list of depositories,
trading partners and custodians whose financial position and record of operations
warrants their use by the District. At least once each year, the Board shall review the list
with the Superintendent, and adopt a list of approved financial institutions and firms, and
designate a limit to the amount of investment to be made with each one.
B.
Requirements
All financial institutions with which the District does business must be creditworthy.
Banks must agree to provide their most recent Consolidated Report of Condition (Call
Report) at the request of the District. Security dealers not affiliated with a bank must be
classified as reporting dealers affiliated with the New York Federal Reserve Bank as
primary dealers.
VIII.
Annual Board Review of Policy
Each year, the Board shall review this Policy, and note that review in the minutes of the
meeting at which it occurs.
Ilion-Mohawk Central School District
Legal Ref:
Sections 1709, 1723-a and 3652 of the New York State Education Law; Sections 10, 11
and 39, General Municipal Law.
Adopted:
______
Page 4 of 4
Policy
New 05/23/2013 (Only required if District claims $500,000 or more annually from Medicaid)
FISCAL MANAGEMENT
4404
MEDICAID BILLING COMPLIANCE PROGRAM
I.
II.
INTRODUCTION
A.
This Program is an integral part of the Central Valley Central School District’s
(District) ongoing efforts to achieve compliance with federal and state laws relating to
Medicaid billing for School Supportive Health Services (“SSHS”) and other school
programs. The Program creates a comprehensive system of oversight for Medicaid
billing, reporting and practices.
B.
The goal of this Program is to ensure that Medicaid eligible services are properly
documented and accurately billed and that services rendered, but not properly
documented are not billed. Moreover, the program establishes systematic checks and
balances to detect and prevent inaccurate billings and inappropriate practices in the
Medicaid Program.
C.
The Program shall be overseen by the District’s Medicaid Compliance Officer who
shall report directly to the District’s Superintendent of Schools. It remains, however,
the responsibility of each individual involved in the provision of services and the
billing process, to comply with the provisions of the law.
MEDICAID COMPLIANCE OFFICER
A.
The District shall designate annually a Medicaid Compliance Officer.
Compliance officer shall be responsible for:
1.
2.
3.
4.
5.
6.
B.
The
Day to day operations of the Compliance Program.
Providing guidance to District employees to ensure Medicaid billing
compliance;
Development and delivery of District in-service training on compliance issues,
expectations, and maintenance of documentation for the same;
The coordination of system-wide and/or department-specific audits of records
on an ongoing basis;
Communications to District employees and to service providers on any
changes to the laws and regulations regarding Medicaid billing and this
Program;
The investigation of allegations of improper billing practices and the reporting
of the same.
The Compliance Officer shall report directly to the District’s Superintendent of
Schools and shall periodically report to the Board of Education on the District’s
Compliance Program.
Page 1 of 5
POLICY
FISCAL MANAGEMENT
4404
III.
COMPLIANCE
A.
Billing for Medicaid eligible school services will be done in compliance with all
applicable state and federal laws and regulations.
Specifically, no bill for
reimbursement shall be submitted unless it was actually performed and documented
by the service provider.
B.
The District is committed to maintaining the accuracy of every claim it processes and
submits. Any false, inaccurate, or questionable claims should be reported
immediately to the District Medicaid Compliance Officer.
C.
False billing is a serious offense. Federal and State rules prohibit knowingly and
willfully making or causing to be made any false statement or representation of a
material fact in an application for benefits or payment. It is also unlawful to conceal
or fail to disclose the occurrence of an event affecting the right to payment with the
intent to secure payment that is not due.
D.
In addition to criminal penalties, the Federal False Claims Act permits substantial
civil monetary penalties against any person who submits false claims. The Act
provides a penalty of triple damages as well as fines up to $10,000 for each false
claim submitted. The persons involved in submitting false claims (as well as the
District) may be excluded from participating in the Medicaid programs.
E.
Numerous other federal laws prohibit false statements or inadequate disclosure to the
government and mandate exclusion from Medicaid programs. It is illegal to make
any false statement to the federal government, including statements on Medicaid
claim forms. It is illegal to use the U.S. mail to scheme to defraud the government.
Any agreement between two or more people to submit false claims may be
prosecuted as a conspiracy to defraud the government.
F.
The District promotes full compliance with each of the relevant laws by maintaining a
strict policy of ethics, integrity, and accuracy in all its financial dealings. Each
employee and professional, including outside consultants, who is involved in
submitting charges, preparing claims, billing, and documenting services is expected
to maintain the highest standards of personal, professional, and institutional
responsibility. Individuals who fail to report suspected problems, participate in noncompliance behavior and/or encourage, direct or facilitate non-compliance behavior
may be subject to disciplinary action in accordance with the provisions of New York
law and any applicable collective bargaining agreement.
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POLICY
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4404
IV.
V.
EDUCATION AND TRAINING
A.
It is the Compliance Officer’s responsibility is to ensure that every employee
involved with the Medicaid service and billing process is educated about the
applicable laws and regulations governing provider billing and documentation.
Moreover, the District Compliance Program shall be shared with all employees, be
available for inspection and shall be published on the District website.
B.
The Compliance Officer shall also develop, oversee and/or provide in-service training
on Medicaid billing and documentation requirements for all staff involved in
providing and/or billing for Medicaid services periodically and at other times,
including initial employment or assignment. Such training shall be mandatory and
the District shall maintain records of all trainings.
REPORTING AND INVESTIGATION
A.
B.
Reporting
1.
Every employee in the District has the responsibility not only to comply with
the laws and regulations, but to ensure that others do as well.
2.
Employees must report non-compliance to their immediate supervisors, or the
District Compliance Officer. Supervisors are required to report these issues
through established channels in Human Resources/Personnel and/or directly to
the District Medicaid Compliance Officer. Calls may be made anonymously,
although the District encourages employees to provide their name and
telephone number so that reports may be more effectively investigated.
3.
Every attempt will be made to preserve the confidentiality of reports of noncompliance. All employees must understand, however, that circumstances
may arise in which it is necessary or appropriate to disclose information. In
such cases, disclosures will be on a “need to know” basis only.
Investigation
1.
The Compliance Officer will, personally or through his/her designee,
investigate every report of non-compliance as soon as practicable.
Investigations may include interviewing employees and/or reviewing
documentation. Each employee must cooperate with such investigations.
2.
Once the Compliance Officer completes an investigation, he/she will make a
report to the Superintendent. The report will be the basis for the Compliance
Page 3 of 5
POLICY
FISCAL MANAGEMENT
4404
Officer’s Program or recommendation of corrective action and/or discipline.
Reports will be retained for a period of six years.
C.
Non-Retaliation
It is the policy of the District that no person shall retaliate, in any form, against a
person who reports in good faith, an act or suspected act of non-compliance (although
employees may be disciplined for making intentionally false reports of noncompliance). Any person who is found to have retaliated for such a report shall be
subject to discipline. In addition, the Federal False Claims Act and New York State
Law provide certain protections to individuals who are discharged, demoted,
suspended or threatened, harassed or discriminated against by their employer in
retaliation for assisting in the investigation, initiation or prosecution of a False Claims
Act violation or which constitutes health care fraud under the New York State Penal
Law.
D.
Corrective Action/Sanctions
1.
In order to make this Compliance Program effective, the Compliance Officer
will have authority to impose corrective action.
2.
If a service provider or employee is found to be non-compliant in a single
instance or relatively insignificant percentage of cases over a short period, the
Compliance Officer may require that person to undergo a session of education
or training.
3.
If a provider or other employee fails to comply with billing or documentation
requirements repeatedly, sanctions may be more severe.
4.
Plans of correction and discipline may include, but are not limited to:
a.
b.
c.
d.
e.
5.
A requirement to undergo training;
A period of required supervision or approval of documentation before
bills can be issued;
Expanded auditing, internal or external, for some period of time until
compliance improves;
Self-reporting of violations; and
In sufficiently egregious cases, discipline.
In addition, the Compliance Officer may recommend some other appropriate
course of action to correct non-compliance.
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VI.
VII.
AUDITING/REVIEW
A.
Monitoring of compliance with billing rules is essential. The Compliance Officer
must be able to ensure compliance through an understanding of current regulations
and overall levels of compliance throughout the District at any given time.
B.
Under this Plan, there will be both internal and external (i.e. by an independent
consultant or other professional) auditing of Medicaid billing documentation.
Internal auditing is done by the professional staff of the Compliance Officer, who will
conduct periodic reviews.
C.
The Compliance Officer may engage an external auditing firm as deemed necessary
to assess the District overall compliance. All employees must cooperate fully with
this effort by making themselves and/or any pertinent documents available.
D.
The external auditor will report to the Compliance Officer concerning the results of
its investigation. The Compliance Officer will report, in turn, to the Superintendent
and the Board of Education.
ONGOING ASSESSMENTS
A.
The Compliance Officer will make an annual assessment of the success of this
Compliance Program. That assessment will be based on the examination of results
of internal audits and investigations, reports of any outside audits that may have been
conducted, and or his/her own personal experience with the functioning of the
Program over the previous year.
B.
A summary of this assessment shall be provided to the Superintendent and the Board
of Education.
Adopted:
______
Page 5 of 5
Policy
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4500
FISCAL MANAGEMENT
GENERAL PROCUREMENT STANDARDS
I.
Competitive Bidding
The District must complete a competitive bidding process that complies with General Municipal
Law Section 103 before it: enters into a contract for public work that involves spending more
than $35,000; enters into a purchase contract for goods or services that involves spending more
than $20,000; or, enters into a lease of personal property. The bidding process shall be
conducted in accordance with Policy 4501.
II.
A.
If the total purchases of a commodity, service, or technology during the twelve month
period following the date of the first purchase is reasonably expected to total more than
the threshold amounts described above, then the purchase shall be made through the
competitive bidding process.
B.
If a commodity, service, or technology is potentially subject to the bidding requirements
of Section 103 of the General Municipal Law, but it has been purchased without
competitive bidding in an amount less than the threshold amounts described above, then
additional purchases of that commodity, service, or technology from the same provider
are not permitted if the additional purchase would cause the total value of the reasonably
expected purchases of that commodity, service, or technology over a twelve month
period to exceed the threshold amounts for competitive bidding.
C.
Pursuant to the Iran Divestment Act of 2012, each bidder or offeror must certify that they
are not on the list created and maintained by the State Office of General Services (OGS).
Purchasing Without Competitive Bidding
Where a purchase is permitted by law to be made without competitive bidding, District
personnel must make purchase decisions so as to assure the prudent and economical use of
public moneys in the best interest of the taxpayers of the District; facilitate the acquisition of
goods and services of maximum quality at the lowest possible cost under the circumstances; and
guard against favoritism, improvidence, extravagance, fraud and corruption. The non-bid
purchase process shall be conducted in accordance with Policy 4502.
III.
Standardization
The Board may determine that reasons of efficiency or economy support standardization on a
particular kind of equipment, material or supplies. The Board’s determination shall be adopted
by a resolution that is approved by a three-fifths (3/5) vote of the full Board membership, and
that explains the reasons for the standardization.
IV.
Instructional Materials
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POLICY
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4500
FISCAL MANAGEMENT
GENERAL PROCUREMENT STANDARDS
Pursuant to Section 200.2 of the Commissioner’s Regulations, the District shall give preference
in the purchase of instructional materials to those vendors who agree to provide such
instructional materials in alternative formats for students with disabilities.
V.
VI.
Responsibilities
A.
The Superintendent and the School Business Official may develop more specific
procurement procedures for the guidance of District employees that are consistent with
these Policies. They shall insure that all District employees involved in purchasing and
business functions are familiar with these Policies and that all District employees follow
these Policies.
B.
The Purchasing Agent, designated by the Board of Education, is responsible for
operating the purchasing program in compliance with these procedures.
C.
Each employee involved in the procurement process is responsible to become familiar
with these procedures and to follow their requirements, to seek clarification and direction
from the Purchasing Agent whenever they are unsure how to proceed in compliance with
these Policies, and to inform the Purchasing Agent of any concerns regarding
compliance.
Personal Purchasing Prohibited
No goods or services shall be purchased in the name of the District, or through the District’s
procedures other than goods or services purchased for use in conducting the District’s
business. No one may purchase goods or services for personal use, or on behalf of any
organization other than the District, through the District’s purchasing procedures.
VII.
Annual Review
The Board of Education shall review these Policies and any supplemental procurement
procedures adopted by the Superintendent or School Business Official on an annual basis.
Comments regarding these Policies and any supplemental procurement procedures shall be
solicited from the District’s officers who are involved in the procurement process at least every
third year.
Legal Ref:
Sections 102, 103, 103-g 104-b, 109-a; 800 et seq., General Municipal Law; Section 207,
305 (14), 1604, 1709, 1725, 1950, 2053, 2554, 3602, 4403; 1725 Education Law;
Section 163 State Finance Law; 8 NYCRR 200.2
Adopted:
_______
Page 2 of 2
Policy
New 03/28/2013
4501
FISCAL MANAGEMENT
COMPETITIVE BIDDING
I.
Competitive Bidding Required
A.
B.
II.
III.
The Purchasing Agent shall insure that a competitive bidding process compliant with the
General Municipal Law and these Policies is conducted prior to entering into:
1.
a public works contract involving an expenditure of more than $35,000; contracts
for the purchase of labor, construction, and some services fall into this category;
2.
a purchase contract involving an expenditure of more than $20,000; contracts for
the purchase of materials, equipment, and supplies fall into this category; or
3.
a lease of personal property for a period of time not to exceed the current school
year.
In the event that a contract combines the provision of professional services not subject to
the bidding requirement, and a purchase that is otherwise subject to the bidding
requirement, the District will determine whether the professional service or the purchase
is the predominant part of the transaction, and proceed with the bidding process if the
purchase component is predominant and is in excess of the applicable monetary
threshold.
Competitive Bidding Not Required
A.
Contracts for public work or the purchase of supplies, material, or equipment may be
entered into without competitive bidding in the case of a public emergency arising out of
an accident or other unforeseen occurrence that creates circumstances that require
immediate action to preserve public property or the life, health, safety, or property of
District residents, employees, or students.
B.
Surplus and second-hand supplies, materials, and equipment may be purchased without
competitive bidding from the federal government, the State of New York, or another
political subdivision or district within the State.
C.
Competitive bidding is not required when there is, in fact, only one source for the
product or service being purchased. This exception includes monopoly markets, such as
public utilities.
D.
Competitive bidding is not required for the procurement of professional services which,
because of the specialized or confidential nature of the services, do not lend themselves
to procurement through competitive bidding.
The Bidding Process
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4501
FISCAL MANAGEMENT
COMPETITIVE BIDDING
A.
The Purchasing Agent has the authority to prepare, advertise and open bids for all
purchase contracts and contracts for public work.
B.
A Notice to Bidders shall be published in the officially designated newspaper
commencing not less than five (5) days prior to the bid opening date. Notices may also
be mailed to potential bidders sufficiently in advance of the scheduled bid opening date
to permit timely preparation and submission of bids.
C.
Bids shall be received until the opening time designated in the official notice. All bids
shall be date stamped upon receipt and shall be kept in a safe, locked location until the
time of opening.
D.
Bids may be received through electronic format where the Purchasing Agent has
confirmed that the District’s hardware and software enable it to:
1.
2.
3.
4.
5.
comply with Article Three of the State Technology Law, and related regulation;
document the time and date of receipt;
authenticate the identity of the sender;
maintain the security of the information transmitted; and
maintain the confidentiality of the information of the bid or offer until the date
and time of bid opening.
E.
Bids shall be opened at the time and place set forth in the Notice to Bidders. There will
be at least three (3) district employees present at each bid opening, including the
Purchasing Agent or the Purchasing Agent’s designee. All interested parties may also
attend the opening of bids.
F.
After being opened, all bids shall be recorded and analyzed. The Purchasing Agent shall
make a recommendation to the Board of Education regarding an award on the basis of
best value (as defined in Section 163 of the State Finance Law) to a responsible and
responsive bidder. Alternatively, the Purchasing Agent may recommend that all bids be
rejected.
In the event there are two or more bona fide low responsible bidders, the Board may
make an award to one of the low bidders or, in its discretion, it may reject all the bids
and re-advertise the purchase.
G.
Bid bonds, deposits or performance bonds may be required, at the discretion of the
Purchasing Agent. The need for such security can be determined on a case-by-case
basis.
Page 2 of 3
POLICY
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4501
FISCAL MANAGEMENT
COMPETITIVE BIDDING
Every bid shall contain the certification, properly executed by the bidder, required by
Section 103-d of the General Municipal Law.
H.
Minor deviations from specifications or compliance with bidding requirements may be
waived by the Board, upon the recommendation of the Purchasing Agent. The
Purchasing Agent shall determine all questions of comparability or equivalency.
I.
State contracts and group bids through the BOCES Cooperative Purchasing may be used
to fulfill bid requirements.
Legal Ref:
Sections 102, 103, 104-b, 109-a; 800 et seq., General Municipal Law; Section 207, 305
(14), 1604, 1709, 1725, 1950, 2053, 2554, 3602, 4403; 1725 Education Law; Section
163 State Finance Law; 8 NYCRR 200.2
Adopted:
______
Page 3 of 3
Policy
New 03/28/2013
4502
FISCAL MANAGEMENT
NON-BID PURCHASING
I.
Objective
Goods and services which are not required by law to be procured by the district through
competitive bidding will be procured in a manner so as to ensure the prudent and economical
use of public monies in the best interests of the taxpayers. It is the policy of the District to
“shop around,” and to maintain accurate records of the efforts made by District staff to buy
wisely. Alternative proposals or quotations will be secured by requests for proposals, written
quotations, or verbal quotations, as set forth below.
II.
Methods of Solicitation and Documentation
A.
B.
C.
Verbal Quotations
1.
Verbal quotations may be solicited by telephone.
2.
A log shall be maintained by each District employee or officer who solicits a
verbal quotation. The Purchasing Agent is responsible for maintaining a
master log by periodically consolidating all logs kept by District employees
and officers.
3.
Each log of verbal quotations shall record: name, date, and time vendor was
solicited; whether contact was made with the vendor and, if so, who the
contact person was; what the vendor was told about the good or service being
solicited; and the vendor’s response.
Written Quotations
1.
A standard “request for quotation” shall be used to solicit written quotations
(Regulation 4502.1). All vendors sent a “request for quotation” for a
particular good or service shall be provided with an identical written
description of the good or service being solicited.
2.
Written quotations may be solicited and received electronically, provided all
documentation is preserved either physically or electronically.
3.
The Purchasing Agent shall maintain a master file of all written solicitations
and all written responses.
Requests for Proposals (RFP)
1.
Written Requests for Proposals are generally used to obtain comparable
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FISCAL MANAGEMENT
NON-BID PURCHASING
quotations for the provision of professional and other specialized services. A
Request for Proposals will contain critical details of the engagement,
including the methods which the District will use in selecting the service
provider, and set a deadline for the submission of written Proposals.
D.
2.
A particular Request for Proposals shall be sent to a representative sample of
individuals and firms known to offer the service being purchased (e.g.,
architects, engineers, accountants, lawyers, underwriters, fiscal consultants,
etc.). To develop a pool of candidates, the District may advertise in
professional journals, canvass directories of professionals in a particular
field, and make inquiries of other school districts or users of the service being
sought.
3.
The evaluation of responses to a Request for Proposals will consider the price
quoted, any special knowledge or expertise of the service provider, the
quality of the service, the staffing of the service, and suitability for the
District’s needs.
List of Vendors
The Purchasing Agent shall maintain a list of known and acceptable vendors,
grouped by category of good or service provided. Any District officer or employee
initiating a purchase shall consult this list.
III.
Comparable Proposals Required
A.
General Categories
1.
Prior to entering into a purchase contract involving an expenditure of less
than $1,000, the responsible officer or employee shall solicit and document
three (3) verbal quotes.
2.
Prior to entering into a purchase contract involving an expenditure of
between $1,000 and $20,000, the responsible officer or employee shall solicit
and document three (3) written quotes.
3.
Prior to entering into a public works contract involving an expenditure of less
than $20,000, the responsible officer or employee shall solicit and document
three (3) verbal quotes.
4.
Prior to entering into a purchase contract involving an expenditure between
$20,000 and $35,000, the responsible officer or employee shall solicit and
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NON-BID PURCHASING
document three (3) written quotes.
B.
IV.
Specific Categories
1.
Insurance: written quotes
2.
Professional services: Requests for Proposals shall be issued periodically, as
determined by the Board
3.
Lease of personal property: written quotations; also, before a proposed lease
of personal property is presented to the Board for consideration, an analysis
of the relative costs and benefits of leasing rather than purchasing shall be
prepared and presented to the Board, as well as an analysis of whether the
proposed arrangement is a true lease rather than an installment purchase
agreement
4.
Surplus or second-hand government equipment: written quotes for
comparable equipment in the market
5.
Certain food and milk purchases: written quotes, and documentation
sufficient to satisfy Sections 114.3 and 114.4 of the Commissioner’s
Regulations
Comparable Proposals Not Required
A.
Emergencies
When the Board passes a resolution that an emergency situation exists, the District
will make purchases at the lowest possible costs, seeking competition by informal
solicitation of quotes or otherwise, to the extent practicable under the circumstances.
B.
Sole Source Situations
Whenever the Purchasing Agent determines that a good or service is available only
from a “sole source” supplier, the Purchasing Agent shall document, before making
the purchase, the unique benefits of the patented items as compared to other items
available in the marketplace; that no other item provides substantially equivalent or
similar benefits; and that considering the benefits received, the cost of the item is
reasonable, when compared to conventional methods.
C.
Professional Services
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POLICY
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4502
FISCAL MANAGEMENT
NON-BID PURCHASING
When feasible, professional services should be retained after considering information
about the prices charged by alternative service providers. However, the specialized
and confidential nature of some professional services makes them unsuitable for
purchase through competitive proposals. For that reason, the Board shall monitor the
District’s use of professional services and periodically issue Requests for Proposals
to assess the cost effectiveness of the services being utilized by the District.
D.
Minor Purchases
Quotations need not be obtained prior to a purchase that is so small that the use of
District resources to solicit and document the quotations would not be cost effective.
E.
Purchases Through County
The procedures set forth above need not be followed when a purchase is made
through any county of New York State. However, a purchase shall not be made in
that manner unless the Purchasing Agent has documented that the purchase may be
made upon the same terms, conditions, and specifications at a lower cost by
purchasing through the county.
F.
V.
Other Special Source Purchases
1.
The procedures set forth above need not be followed when a purchase is
made from or through the state Office of General Services, from individuals
with severe handicapping conditions as defined under the state Finance Law,
or from correctional institutions pursuant to the Corrections Law.
2.
The procedures set forth above need not be followed when a purchase is
made of an apparatus, materials, equipment or supplies, or to contract for
services related to the installation, maintenance or repair of apparatus,
materials, equipment, and supplies through the use of a contract let by the
United States of America or any agency, state or any other county, or
political subdivision or district, if such contract was let in a manner that
constitutes competitive bidding with state law and made available for use by
other governmental entities.
Purchasing
A.
Tie Quotations
In the event of tie quotations, the Purchasing Agent may award the purchase to one
of the low quotations or reject all quotations and resolicit quotations.
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FISCAL MANAGEMENT
NON-BID PURCHASING
B.
Purchase Order
After three quotations have been gathered, they shall be compared to available State
contracts. If the same product or service is not available at a lower price through a
State contract, the Principal, Director or Program Supervisor will issue a purchase
order for materials from the vendor with the lowest price. The Purchasing Agent
shall certify that the quotations required by this Policy have been received.
Quotations or information on telephone quotes received should be attached to the
purchase order submitted to the Purchasing Agent.
C.
Purchase Other than for Lowest Quoted Price
When a purchase is made from other than the lowest responsible dollar offeror, the
documentation of the quotations shall be supplemented with a statement justifying
such award. Such justification must demonstrate that the award provides for the
prudent and economical use of public moneys in the best interests of the taxpayers of
the District.
D.
No Quotes Received
When no quotations are received despite solicitation by the means of either mail or
telephone above, the Purchasing Agent should attempt to broaden the District's
solicitation if at all feasible. However, where the District has taken steps to obtain
quotations, the Purchasing Agent may make purchases in the open market until
conditions change.
======================================================================
Legal Ref:
Sections 102, 103, 104-b, 109-a; 800 et seq., General Municipal Law; Section 207,
305 (14), 1604, 1709, 1725, 1950, 2053, 2554, 3602, 4403; 1725 Education Law;
Section 163 State Finance Law; 8 NYCRR 200.2
Adopted:
______
Page 5 of 5
Superintendent’s Regulation
New 03/28/2013
4502.1
FISCAL MANAGEMENT
PROCUREMENT OF GOODS AND SERVICES QUOTE FORM
Quote Number
(of 3 required)
Vendor/Company Name:
Phone #:
Date Contacted:
Person giving quote:
Item description:
Will item be used for instructional purposes?
Yes
No
If yes, please detail alternative instructional formats available from your company for students with
disabilities:
Delivered price:
(Include labor and mileage, if applicable.)
Delivery Date:
Period of time quoted price is in effect:
Quote received by:
Department:
==========================================================================
=
Approved by the Superintendent:______
Page 1 of 1
Policy
New 05/23/2013
5200
SUPPORT OPERATIONS
SCHOOL WELLNESS POLICY
I.
Policy
The Central Valley Central School District promotes healthy schools by supporting
wellness, good nutrition and regular physical activity as a part of the total learning
environment. The District supports a healthy environment where children learn and
participate in positive dietary and lifestyle practices. By facilitating learning through the
support and promotion of good nutrition and physical activity, school programs
contribute to the basic health of children. Improved health optimizes student
performance and ensures that no child is left behind.
II.
Goals for Nutrition Education, Physical Activity and other School Based Activities
A.
B.
C.
Nutrition Education
1.
Students in grades pre-K through 12 receive nutrition education that is
interactive and teaches the skills they need to adopt healthy eating
behaviors.
2.
Students receive consistent nutrition messages.
3.
District health education curriculum standards and guidelines include both
nutrition and physical education.
4.
Nutrition is integrated into the health education curriculum.
5.
Staff who provide nutrition education will have appropriate training.
Physical Activity
1.
Students will have opportunities for physical activity during the school
day through physical education (PE) classes, and daily recess periods for
elementary school students.
2.
Students will have opportunities for physical activity through a range of
before and/or after school programs including, but not limited to,
intramurals, and interscholastic athletics.
Other School-Based Activities
1.
Dining Environment
Page 1 of 3
POLICY
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5200
SUPPORT OPERATIONS
The District will:
a.
b.
c.
Provides a clean, safe meal environment for all students;
Provide enough space and serving area to ensure that all students
have access for school meals;
Drinking fountains are available in schools, so that students may
obtain water at mealtime and throughout the day.
Encourage all students to participate in the school meals/cafeteria
program and protect the identity of students who eat free and
reduced price meals.
d.
2.
Limitations
School personnel will not:
a.
b.
3.
Limit the use of food as a reward or punishment in school;
Deny student participation in recess or other physical activities as a
form of discipline or for classroom make-up time.
Consistent School Activities and Environment
The District will:
a.
b.
Provide opportunities for on-going professional training for
foodservice staff and teachers in the areas of nutrition and physical
education.
Promote efforts to keep school physical activity facilities open for
use by students outside regular school hours.
Encourage school and community members to serve as role models
in practicing and promoting a healthy life style.
Support initiatives regarding self-help and other FNS programs
such as Food Stamps, and Women, Infants, and Children (WIC),
etc.
c.
d.
D.
Nutritional Guidelines
Along with regulations that specify types of food a school district must offer to
students, there are also Federal and State regulations restricting the sale of certain
items. These items may not be sold as a component of a reimbursable meal or as
an a la carte item.
1.
Nutritional guidelines developed by NYSED will be followed during the
regularly scheduled day.
Page 2 of 3
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5200
SUPPORT OPERATIONS
2.
E.
Competitive (Restricted) Foods – Federal and State Guidelines will be
followed.
Guidelines for Reimbursable School Meals
The District will ensure that reimbursable school meals meet the CFR part 210
program requirements and nutrition standards.
F.
Community Involvement
Members of the public, parents, students, school food service workers, teachers,
administrators, Board of Education members and support staff personnel, serving
as members of the District Shared Decision Making Group, will review the policy
and make recommendations to the Superintendent as needed.
G.
Implementation and Evaluation of Policy
Under the direction of the Superintendent or designee, the District will:
1.
2.
Periodically assess how well this policy is being followed.
Reinforce policy goals with school staff as needed.
=====================================================================
Legal Ref:
Education Law Sections 915, 1709 and (23); National School Lunch Act 1946 as
amended (42 USC 1751-1760); Child Nutrition Act 1966; Section 204 of the
Child Nutrition and WIC Reauthorization Act of 2004 (PL 108-265)
Adopted:
______
Page 3 of 3
Policy
New 05/23/2013
5300
SUPPORT OPERATIONS
INTERNET SAFETY POLICY
I.
II.
A.
Although the Central Valley Central School District recognizes the value of the
internet as an educational tool, it also understands that information with no redeeming
social value is accessible through the internet.
B.
1.
The Central Valley Central School District has developed and will enforce this
Internet Safety Policy in compliance with the Children’s Internet Protection
Act (CIPA) and the Neighborhood Children’s Internet Protection Act
(NCIPA).
2.
In addition, the Central Valley Central School District maintains its “Access to
Networked Information Resources Policy” which governs the acceptable use
of the Internet by students and employees.
Access to the Internet using the District’s computer equipment is subject to the following
restrictions:
A.
Filtering. Filtering software will be used to block minors’ access to:
1.
visual depictions that are (a) obscene, (b) child pornography, or (c) harmful to
minors;1 and
2.
Internet sites which, in the Board’s determination, contain material which is
“inappropriate for minors.” (See item B. below.)
Adult access to visual depictions that are obscene and/or child pornography will also
be blocked. However, the Superintendent or his/her designee may disable the
software to enable access to blocked sites for bona fide research or other lawful
purposes.
B.
1
Matter Inappropriate for Minors. The Board will (from time to time) determine by
resolution what Internet material is “inappropriate for minors” in the District. This
determination will be based on community standards.
The terms “obscene”, “child pornography”, “harmful to minors,” and “matter inappropriate for minors,” used
throughout the policy, are defined in the Children’s Internet Protection Act and the Neighborhood Children’s Internet
Protection Act (Public Law 106-554). See Appendix A.
Page 1 of 3
POLICY
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SUPPORT OPERATIONS
C.
D.
E.
III.
Safety of Minors When Using Direct Electronic Communications.
1.
In using the computer network and Internet, minors are not permitted to reveal
personal information such as home addresses, telephone numbers, their real
last names or any information which might allow someone they are
communicating with online to locate them. No minor may arrange a face-toface meeting with someone he/she “meets” on the computer network or
Internet without his/her parent’s permission.
2.
Before utilizing any electronic communications (including but not limited to
electronic mail and “chat rooms”) in any instructional setting, students will be
taught that they must disclose to their teacher any message they receive that is
inappropriate or makes them feel uncomfortable. They must also be taught
that they must never agree to meet with someone they have met online without
their parent’s approval.
Unauthorized Access and Other Unlawful Activities. It is a violation of this Policy
to:
a.
use the District’s computer network or the Internet to gain unauthorized access
to other computers or computer systems, or to attempt to gain such
unauthorized access;
b.
damage, disable or otherwise interfere with the operation of computers,
computer systems, software or related equipment through physical action or by
electronic means; and/or
c.
violate state or federal law relating to copyright, trade secrets, the distribution
of obscene or pornographic materials, or any other applicable law or municipal
ordinance.
Unauthorized Disclosure and Dissemination of Personal Identification
Information Regarding Minors. Personally identifiable information concerning
minors may not be disclosed or used in any way on the Internet (e.g., on the District’s
web page or otherwise) without the permission of a parent or guardian. If a student is
18 or over, the permission may also come from the student himself/herself.
Regulations and Dissemination. The Superintendent is authorized to develop and
implement regulations consistent with this policy. The Superintendent will also be
responsible for disseminating the policy and associated regulations to school personnel and
students.
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SUPPORT OPERATIONS
Appendix A
Generally speaking, “obscenity” is defined as any work that an average person (applying
contemporary community standards) would find, taken as a whole, appeals to a prurient
interest. The work also must depict or describe, in a patently offensive way, sexual conduct
as specifically defined in state law. Moreover, the work, taken as a whole, has to lack serious
literary, artistic, political or scientific value (See 18 U.S.C. §1460 and the cases interpreting
that statute.)
“Child pornography” is defined as:
…any visual depiction, including a photograph, film, video, picture, or computer or
computer-generated image or picture, whether made or produced by electronic,
mechanical or other means, of sexually explicit conduct, where (a) the production of
visual depiction involves the use of a minor [someone under the age of 18] engaging
in sexually explicit conduct; (b) such visual depiction is or appears to be, of a minor
engaging in sexually explicit conduct; (c) such visual depiction has been created,
adapted, or modified to appear that an identifiable minor is engaging in sexually
explicit conduct; or (d) such visual depiction is advertised, promoted, presented,
described or distributed in such manner that conveys the impression that the material
is or contains a visual depiction of a minor engaging in sexually explicit conduct. (18
U.S.C. §2256[8]).
The phrase “harmful to minors” is defined as:
… any picture, image, graphic image, file, or other visual depiction that (a) taken as
whole and with respect to minors [defined here as anyone under the age of 17],
appeals to a prurient interest in nudity, sex or excretion; (b) depicts, describes, or
presents, in a patently offensive way with respect to what is suitable for minors, an
actual or simulated sexual act or sexual contact, actual or simulated normal or
perverted sexual acts, or a lewd exhibition of the genitals; and (c) taken as a whole,
lacks serious literary, artistic, political, or scientific value as to minors. (Public Law
106-554, §1703{b}{2}.)
The phrase “matter/material inappropriate for minors” must be defined by a determination by the
Board applying local community standards. (Public Law 106-554, §1732[1][2].)
Legal Ref:
The Children’s Internet Protection Act (CIPA); The Neighborhood Children’s Internet
Protection Act (NCIPA) (Public Law 106-554)
Approved:
_______
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Policy
New 05/23/2013
5304
PERSONNEL
INFORMATION SECURITY BREACH POLICY
I.
This policy is consistent with §208 of the New York State Technology Law. School
districts are required to notify any New York State resident when there has been or is
reasonably believed to have been a compromise of the individual’s private information,
in compliance with the Information Security Breach and Notification Act and this policy.
II.
A.
1.
The definition of “private information” shall mean personal information in
combination with any one or more of the following data elements, when
either (1) the personal information or the data element is not encrypted or
(2) encrypted with a corresponding encryption key that has also been
acquired:
a.
b.
c.
III.
Social Security Number.
Driver’s license number or non-driver identification card number;
or
Account number, credit or debit card number, in combination with
any required security code, access code, or password which would
permit access to an individual’s financial account.
2.
Private Information does not include publicly available information that is
lawfully made available to the general public from federal, state, or local
governmental records.
3.
This policy also applies to information maintained on behalf of a District
by a third party.
Notification:
A.
The District shall notify an individual when it has been determined that there has
been, or is reasonably believed to have been a compromise of private information
through unauthorized disclosure.
B.
The District will notify the affected individual. Such notice shall be directly
provided to the affected persons by one of the following methods:
1.
2.
3.
written notice;
electronic notice, provided that the person to whom notice is required has
expressly consented to receiving said notice in electronic form; a log of
each such notification shall be kept by the District;
telephone notification; a log of each such notification shall be kept by the
District;
POLICY
New 05/23/2013
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PERSONNEL
INFORMATION SECURITY BREACH POLICY
4.
IV.
substitute notice, if the cost of providing notice would exceed two hundred
fifty thousand dollars, or the affected class of persons to be notified
exceeds five hundred thousand, or the District does not have sufficient
contact information. Substitute notice shall consist of all of the following:

e-mail notice when the District has an e-mail address for the
subject persons;

conspicuous posting of the notice on the District’s web site page, if
the District maintains one; and

notification to major statewide media.
C.
The notice must include the District’s contact information, a description of the
categories of information that were, or are reasonably believed to have been,
acquired by a person without valid authorization, including specification of which
elements of private information were, or are reasonably believed to have been, so
acquired.
D.
Notification may be delayed if a law enforcement agency determines that such
notification impedes a criminal investigation. The notification required shall be
made after such law enforcement agency determines that such notification does
not comprise such investigation.
When notification is necessary, the District must also notify the following agencies as to
the timing, content and distribution of the notices and approximate number of affected
persons:
A.
NYS Attorney General
B.
NYS Office of Cyber Security & Critical Infrastructure Coordination
C.
Consumer Protection Board
D.
Consumer Reporting Agencies (ONLY if more than 5,000 New York State
residents are notified at one time.)
Legal Ref:
NYS General Business Law §889-aa; NYS Technology Law §208, Information
Security Policy, NYS Office of Cyber Security and Critical Infrastructure
Coordination, December 6, 2005.
Adopted:
______
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CENTRAL VALLEY CENTRAL SCHOOL DISTRICT
SUPPORT OPERATIONS
SUPERINTENDENT'S REGUALTION
NEW 05/23/2013
5304.1
NEW YORK STATE SECURITY BREACH REPORTING FORM Pursuant to the Information Security Breach and Notification Act (General Business Law §899‐aa; State Technology Law §208) Name and address of Entity that owns or licenses the computerized data that was subject to the breach:
_______________________________________________________________________________________________ Street Address: _____________________________________________________________________________ City: ______________________________________ State: ________ Zip Code: _____________________ Submitted by: _________________________ Title: __________________________ Dated: _______________
Firm Name (if other than entity): __________________________________________________________________ Telephone: __________________________________ Email: _____________________________________ Relationship to Entity whose information was compromised: _____________________________________ ___ Type of Organization (please select one): [ ] Governmental Entity in New York State; [ ] Other Governmental Entity;
[ ] Educational; [ ]Health Care; [ ]Financial Services; [ ]Other Commercial; [ ] Not‐for‐profit Number of Persons Affected: Total (Including NYS residents):_____________ NYS Residents:_______________ If the number of NYS residents exceeds 5,000, have the consumer reporting agencies been notified? [ ] Yes; [ ] No. Dates: Breach Occurred:___________ Breach Discovered:___________ Consumer Notification:__________ ___
Description of Breach (please select all that apply): [ ]Loss or theft of device or media (e.g., computer, laptop, external hard drive, thumb drive, CD, tape); [ ]Internal system breach; [ ]Insider wrongdoing; [ ]External system breach (e.g., hacking); [ ]Inadvertent disclosure; [ ]Other (specify):_________________________________________________________________________________ Information Acquired: Name or other personal identifier in combination with (please select all that apply): [ ]Social Security Number [ ]Driverʹs license number or non‐driver identification card number [ ]Financial account number or credit or debit card number, in combination with the security code, access code, password, or PIN for the account Manner of Notification to Affected Persons ‐ ATTACH A COPY OF THE TEMPLATE OF THE NOTICE TO AFFECTED NYS RESIDENTS: [ ] Written; [ ] Electronic; [ ] Telephone; [ ] Substitute notice. List dates of any previous (within 12 months) breach notifications: _____________________________________ Identify Theft Protection Service Offered: [ ] Yes; [ ] No. Duration: ____ _____ Provider: ___________________________________________________________ Brief Description of Service: ____ _______________________________________________________ Rev 11/29/2011
CENTRAL VALLEY CENTRAL SCHOOL DISTRICT
SUPPORT OPERATIONS
SUPERINTENDENT'S REGUALTION
NEW 05/23/2013
5304.1
PLEASE COMPLETE AND SUBMIT THIS FORM TO EACH OF THE THREE STATE AGENCIES LISTED BELOW: Fax or E‐mail this form to: New York State Attorney General’s Office SECURITY BREACH NOTIFICATION Consumer Frauds & Protection Bureau 120 Broadway ‐ 3rd Floor New York, NY 10271 Fax: 212‐416‐6003 E‐mail: [email protected] New York State Office of Cyber Security SECURITY BREACH NOTIFICATION 1220 Washington Avenue State Office Campus Building 7A, 4th Floor Albany, NY 12242 Fax: 518‐322‐4976 E‐mail: [email protected] New York State Department of State Division of Consumer Protection Attention: Director of the Division of Consumer Protection SECURITY BREACH NOTIFICATION 99 Washington Avenue, Suite 650 Albany, New York 12231 Fax: (518) 473‐9055 E‐mail: [email protected] ==========================================================================================================
Approved by the Superintendent:_______
Rev 11/29/2011
Policy
New 03/18/2013
5500
SUPPORT OPERATIONS
FLAG DISPLAY
I.
In keeping with State Education Law and Executive Law, the Board of Education accepts its
duty to display the United States flag upon or near each public school building during school
hours, weather permitting, and such other times as the statues may require or the Board may
direct.
II.
The flag shall be flown at half-mast on September 11th Remembrance Day and December 7th
Pearl Harbor Day and when ordered by the President, Governor, or local official to
commemorate a tragic event or the death of an outstanding individual. The Superintendent’s
approval shall be required for the flag to be flown at half-staff upon any other occasion.
Regulations for seeking such approval shall be established by the Administration.
Legal Ref.:
Education Law Sections 418, 419 and 802, Executive Law Section 403
Adopted:
______
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Policy
New 5/23/2013
6002
PERSONNEL
COMPLAINTS AND GRIEVANCES BY EMPLOYEES
I.
In accordance with the provisions of General Municipal Law and the collective bargaining
agreements, all District personnel shall have the opportunity to present their complaints or
grievances free from interference, coercion, restraint, discrimination or reprisal. The District
shall provide at least two (2) procedural and an appellate stage for the settlement of any
grievance.
II.
Complaints or grievances not covered under employee contracts shall be handled and
resolved whenever possible, as close to their origin as possible. The Superintendent is
responsible for implementing regulations for redress of complaints or grievances through
proper administrative channels.
Adopted:
_____
Policy
New 05/23/2013
6105
PERSONNEL
MENTORING PROGRAMS FOR FIRST YEAR TEACHERS
I.
All new teachers in the Central Valley Central School District holding an initial certificate
must complete a mentored teaching experience within their first year of employment as a
teacher. The District must incorporate the design and planning of such mentored experiences
for all first year teachers in its employer into the District Professional Development Plans.
II.
The purpose of the mentoring program is to provide support for new teachers in order to ease
the transition from teacher preparation to practice, thereby increasing the retention of
teachers, and to increase the skills of new teachers in order to improve student achievement
in accordance with the New York State learning standards. The Professional Development
Plan shall describe how the District will provide a mentoring program for teachers who must
participate in a mentoring program to meet teaching experience requirement for the
professional certificate as prescribed by Commissioner’s Regulations.
III.
The mentoring program shall be developed and implemented consistent with any collective
bargaining obligation required by Article 14 of the Civil Service Law (i.e., the Taylor Law);
however, Commissioner’s Regulation does not impose a collective bargaining obligation that
is not required by Taylor Law.
In accordance with Commissioner’s Regulations, the Professional Development Plan shall
describe the following elements of the mentoring program:
A.
The procedure for selecting mentors, which shall be published and made available to
staff of the District and, upon request, to members of the public;
B.
The role of mentors, which shall include but not limited to providing guidance and
support to the new teacher;
C.
The preparation of mentors, which may include but shall not be limited to the study of
the theory of adult learning, the theory of teacher development, the elements of the
mentoring relationship, peer coaching techniques, and time management
methodology;
D.
Types of mentoring activities, which may include but shall not be limited to modeling
instruction for the new teacher, observing instructional planning with the new teacher,
peer coaching, team teaching, and orienting the new teacher to the school culture; and
E.
Time allotted for mentoring, which may include but shall not be limited to scheduling
common planning sessions; releasing the mentor and the new teacher from a portion
of their instructional and/or non-instructional duties; and providing time for
mentoring during Superintendent conference days, before and after the school day,
and during summer orientation sessions.
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MENTORING PROGRAMS FOR FIRST YEAR TEACHERS
IV.
Confidentiality of Mentor – New Teacher Interaction
The information obtained by a mentor through interaction with the new teacher while
engaged in the mentoring activities of the program shall not be used for evaluating or
disciplining the new teacher unless:
V.
A.
Withholding such information poses a danger to the life, health, or safety of an
individual including, but not limited to, students and staff of the school; or
B.
Such information indicates that the new teacher has been convicted of a crime, or has
committed an act which raises a reasonable question as to the new teacher’s moral
character or
C.
The District has entered into an agreement, negotiated pursuant to Article 14 of the
Civil Service Law whose terms are in effect, that provides that the information
obtained by the mentor through interaction with the new teacher while engaged in the
mentoring activities of the program may be used for evaluating or disciplining the
new teacher.
Exemptions to above Mentoring Requirements
Pursuant to Commissioner’s Regulations, teachers holding initial certificates who have two
(2) or more prior years of teaching experience do not need to be provided a mentored
experience as enumerated in this policy.
VI.
Recordkeeping Requirements
The District shall maintain documentation of the implementation of the mentoring program
described in the Professional Development Plan for at least seven (7) years from the date of
completion of the mentoring activity; and it shall be available for review by the State
Education Department. Such documentation will include the information enumerated in
Commissioner’s Regulations.
Legal Ref:
NYS Education Law 3004 and 3006, 8 NYCRR 52.21, 80-3.4, 80-5.13, 80-5.14 and
100.2
Adopted:
______
Page 2 of 2
Policy
New 05/23/2013
6400
PERSONNEL
FINGERPRINTING AND CRIMINAL HISTORY RECORD
CHECKS FOR PROSPECTIVE EMPLOYEES
I.
II.
Policy
A.
The Central Valley Central School District shall require a prospective employee who
is not in the State Education Department criminal history file to be fingerprinted for
purposes of a criminal history record check.
B.
All fingerprint applications must be completed online using the TEACH system.
Who Must Be Fingerprinted
Applicants for employment in the District;
Student employees not enrolled in grade level of same covered school;
Clerical staff who have direct contact with students;
Janitorial staff who have direct contact with students;
Coaches;
Substitute Teachers;
Paid Student Teachers or Student Interns;
Hall Monitors;
Cafeteria employees;
Adult Continuing Education Instructors who have direct contact with students;
Home and Hospital Instructors;
Sports Officials;
Bus Aides (unless they have been cleared pursuant to Section 1229-d of the Vehicle
and Traffic Law)
Secretaries at bus garage who occasionally fill in as a bus aides;
Bus Drivers who also serve another role in covered school and have direct contact
with students;
Individuals who have been fingerprinted for another purpose (i.e., teachers from
another state, former police officers);
Workers placed in the covered school under a public assistance employment program;
Employees of contract service providers who are placed within the school; and
Employees of Supplemental Education Services Providers.
III.
Required Fees
A.
(CHOICE ONE)
A prospective school employee shall be required to pay the fee for the criminal
history record search, unless:
1.
The fee is associated with the employee’s participation in an authorized public
assistance employment program;
Page 1 of 4
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PERSONNEL
2.
The employee is receiving certain employment services through the Federal
Temporary Assistance for Needed Families Block Grant; or
3.
The prospective employee submits a request to the Board of Education for
financial hardship and it is approved.
(OPTIONAL)
B.
A.
IV.
V.
The District shall provide prospective employees with the choice of making
the payment directly at the time of fingerprinting or repaying the District by
payroll deduction. (Regulation 6400.2) (A signed authorization is required).
2.
If an employee elects payroll deduction and leaves employment before fully
repaying the fees, the remaining balance shall be deducted from the
employee’s final paycheck. If the employee is a substitute and has not repaid
the entire amount by April 1st of the first year of employment, the remaining
balance will be deducted from the next paycheck of that year.
(CHOICE TWO)
The fee for the criminal history record search will be paid by the District.
Request for Clearance when Fingerprints are on File
A.
In situations where a prospective employee or applicant for certification has been
previously fingerprinted and entered into the State Education Department’s (SED)
criminal history file, such employee must notify the District that he/she has been
fingerprinted and a file exists at SED.
B.
A fee will not be charged by SED for the criminal background check in this situation.
Notification of Employment/Separation from Employment
A.
VI.
1.
When a prospective employee who was fingerprinted and cleared for employment is
initially employed or leaves employment, the District is required to notify SED on the
TEACH system.
Emergency Conditional Employment and Conditional Clearances
A.
Section VI of this policy shall expire July 1, 2014 consistent with the repeal of the
legislation enacting conditional employment.
Page 2 of 4
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PERSONNEL
B.
Upon the recommendation of the Superintendent, and consistent with applicable law
and Commissioner’s Regulations, the Board of Education may make “conditional
appointments” or “emergency conditional appointments” of prospective employees.
C.
Prior to the commencement of the conditional or emergency conditional employment,
the prospective employee must sign a statement indicating whether to the best of
his/her knowledge he/she has a pending criminal charge or conviction in any
jurisdiction outside of the State (for conditional appointments) or in any jurisdiction
(for emergency conditional appointments). (Regulation 6400.1).
D.
Emergency Conditional Employment:
An emergency conditional appointment may be made when an unforeseen emergency
vacancy has occurred. An emergency conditional appointment may commence prior
to notification from the commissioner of conditional clearance, but shall terminate
twenty (20) business days from the date such appointment commences or when the
prospective employer is notified by the commissioner regarding conditional
clearance, whichever occurs earlier. If a conditional clearance is granted, the
appointment shall continue as a conditional appointment. An unforeseen emergency
vacancy shall be defined as:
a vacancy that occurred less than ten (10) business days before the start of
school or during any school session, including summer school, without
sufficient notice to allow for clearance or conditional clearance; and
no other qualified person is available to fill the vacancy temporarily; and
to maintain services which the District is legally required to provide or
services necessary to protect the health, education or safety of students or
staff.
E.
Conditional Employment
A request for conditional clearance shall be forwarded to the commissioner along
with the prospective employee's fingerprints. Such appointment shall not commence
until notification by the commissioner that the prospective employee has been
conditionally cleared for employment. Conditional employment shall terminate fortyfive (45) days from the date such appointment commences or when the prospective
employer is notified by the commissioner regarding conditional clearance, whichever
occurs earlier. Upon good cause shown, SED may extend or renew a conditonal
clearance.
E.
Safety of Students who have Contact with Conditionally Employed Employees
Page 3 of 4
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PERSONNEL
1.
The District affirms its commitment to the safety of students who have contact
with an employee holding a conditional or emergency conditional
appointment.
2.
Supervisors of any employee holding a conditional or emergency conditional
appointment shall be informed of the basis of such appointment and be
directed to supervise such employee closely. If feasible, supervisors shall be
asked to assign conditionally employed individuals in a manner where they do
not work alone with children.
Legal Ref:
Chapter 179 of the Laws of 2009, 8 NYCRR 80-1.1 and 87; Correction Law Sections
752 and 753; and Executive Law Section 296(16).
Adopted:
_____
Page 4 of 4
New 05/23/2013
6400.1
PERSONNEL
STATEMENT FOR EMERGENCY CONDITIONAL OR CONDITIONAL APPOINTMENT
I.
I, _______________ (applicant’s name), have been advised and understand that New
York State law requires, as part of the clearance process for this position, that I be
fingerprinted for the purposes of a criminal history records search. Pending such
clearance I make the following representations:
A.
If a conditional appointment.
I, ____________ (applicant’s name), certify that, to the best of my knowledge, I
____ do
____ do not
have a pending criminal charge or criminal conviction in any jurisdiction outside
of the New York State.
B.
If an emergency conditional appointment.
I, ____________ (applicant’s name), certify that, to the best of my knowledge, I
____ do
____ do not
have a pending criminal charge or criminal conviction in New York State or any
jurisdiction outside of New York State.
If my answer above is affirmative, I provide the following information listing such charge
or conviction, including the nature of the offense, the date of the charge/ conviction and
the jurisdiction.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I hereby certify that my statement is, to the best of my knowledge and belief, true and
correct and that any omission and/or misrepresentation of any material fact may be cause
for the District to refuse to hire me or revoke an offer of conditional employment, or to
terminate my employment if employed.
Date: _____________________
Approved by the Superintendent:
Name: ____________________________________
_____
Page 1 of 1
PERSONNEL
New Optional 05/23/2013
6400.2
PAYROLL DEDUCTION AUTHORIZATION
I have received information in the fingerprinting packet supplied by the NYS Education Department
that explains the obligation of the District to fingerprint prospective employees.
I understand that the fees for the required fingerprinting/criminal background check are the
responsibility of the employee, unless exempted by law.
______________________________________________________________________________
I elect the following option for the payment of the required fee of ($91.50):
pay the NYSED directly via the online system (TEACH).
authorize the District to make such payment and authorize payroll deduction to repay
the $91.50 fee by equal installments of $18.30 per payroll for five (5) payroll periods.
Summer school payroll deductions will be made over four (4) pays from July through
August.
If electing salary reduction, I understand that if I leave paid employment with the District
before full repayment is made that the remaining balance due will be deducted from my final
paycheck. If a substitute employee, I understand that if the entire amount is not repaid by
April 1st of the first year of employment, the remaining balance will be deducted from the
next paycheck of that year.
_________________________
Employee Signature
_________________________
Date
Central Business Office Use Only
_________________________
Received By
______
_________________________
Date
Policy
New 05/23/2013
6401
PERSONNEL
DRUG AND ALCOHOL TESTING (TRANSPORTATION)
I.
Purpose
To establish a District-based alcohol and drug testing program to help prevent accidents and
injuries resulting from the misuse of alcohol and drugs by covered drivers of commercial motor
vehicles in compliance with the Department of Transportation regulations and pursuant to the
Omnibus Transportation Employee Testing Act of 1991 (the Act) and 49 CFR Part 40.
II
Applicability
This policy applies to all Central Valley Central School District employees or applicants who
have been extended a conditional offer of employment who operate commercial motor vehicles
and are subject to the commercial drivers license (CDL) requirements established by the DOT.
III.
Objectives
To establish rules and procedures to deter all illegal drug use, and deter on-duty, pre-duty and
post-accident alcohol use, as well as on-duty alcohol impairment stemming from pre-duty use,
for all covered drivers who perform safety sensitive functions;
To detect and eliminate the possibility that District covered drivers will perform safety-sensitive
functions after testing positive for alcohol or drugs;
To comply with applicable federal and state laws, including the Omnibus Transportation
Employee Testing Act of 1991;
To provide reasonable measures for the early detection of personnel not fit to perform activities
within the scope of this policy;
To maintain a workplace free of drugs and alcohol; and
To inform employees through education, in service training and other appropriate forums, about
illegal drugs, and alcohol abuse, their use, possession, distribution, and the effects of such
substances.
IV.
Testing
There are several occasions when an individual will be subject to drug and alcohol tests pursuant
to this policy. Prior to the administration of the following tests, the District or its testing agent
will notify the covered driver that the test is required under the Code of Federal Regulations.
Page 1 of 13
POLICY
New 05/23/2013
6401
PERSONNEL
The testing occasions shall include:
1.
2.
Pre-duty testing
a.
The District will administer a pre-duty screening for drugs after a conditional
offer of employment has been extended and prior to any covered driver’s
performance of a safety-sensitive function. The District will not allow any
covered driver to commence the performance of any safety-sensitive function
unless the drug testing reveals a verified negative test result.
b.
The District may, in its sole discretion, forego pre-duty testing where the
exceptions promulgated by the regulations relating to drug and alcohol testing of
covered drivers by their previous employers, are satisfied.
Reasonable Suspicion testing
a.
Reasonable suspicion testing is alcohol and drug testing that the District will
conduct when it has reasonable suspicion to believe that a covered driver has
engaged in conduct prohibited by this policy. Reasonable suspicion must be
based upon specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of a covered driver by the Director
of Special Education, Occupational Education, Assistant Directors of such
programs or any other supervisor as determined by the District who is specially
trained to recognize alcohol misuse or drug use. The observations may include
indications of the chronic and withdrawal effects of controlled substances.
b.
A written record shall be made of observations leading to reasonable suspicion,
signed by the supervisor or person who made the observations, within twentyfour (24) hours of the observed behavior or before the results of drugs test are
released, whichever is earlier.
c.
The District shall not administer a reasonable suspicion alcohol test more than
eight (8) hours following a determination that reasonable suspicion exists to
believe that the alcohol prohibitions of this policy have been violated. Covered
drivers are subject to reasonable suspicion alcohol testing as follows:
Immediately prior to performing safety sensitive functions, while performing
safety sensitive functions, or immediately following the performance of safety
sensitive functions. Reasonable suspicion drug testing may be conducted at any
time the covered driver is on duty for the district.
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3.
4.
Random testing
a.
Random testing is unannounced testing for alcohol and drugs administered in a
statistically random manner throughout the year to covered drivers employed by
the District in ratios as required by the DOT regulations, so that all covered
drivers have an equal probability of selection each time a random test is
administered.
b.
Covered drivers are subject to random alcohol testing as follows: immediately
prior to performing safety sensitive functions, or while performing safety
sensitive functions, or immediately following the performance of safety sensitive
functions. Random drug testing may be conducted at any time the covered driver
is on duty for the district.
Post Accident testing
a.
b.
A post-accident test for alcohol and drugs is administered following an accident
involving a commercial motor vehicle to each surviving covered driver:
1.
Who was performing safety sensitive functions with respect to the
vehicle, if the accident involved the loss of human life; OR
2.
Who receives a citation under state or local law for a moving violation
arising from the accident; AND
i.
if the accident resulted in one or more motor vehicles incurring
substantial structural damages as a result of the accident; OR
ii.
if the accident resulted in bodily injury to a person who, as a
result of the injury, immediately receives medical treatment away
from the scene of the accident.
The District will not administer a post-accident alcohol test more than eight hours
following the accident and will not administer a post-accident drug test more than
32 hours following the accident. A covered driver who is subject to post-accident
testing shall remain readily available for such testing or may be deemed by the
District to have refused to submit to testing. This shall not be construed to
require the delay of necessary medical attention for injured individuals following
an accident or to prohibit a covered driver from leaving the scene of an accident
for the period necessary to obtain assistance in responding to the accident or to
obtain necessary emergency medical care.
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c.
5.
The results of a breath or blood test for the use of alcohol or a urine test for the
use of drugs, conducted by federal, state, or local officials having independent
authority for the test, shall be considered to meet the requirements of the policy
concerning post-accident testing, provided such tests conform to applicable
federal, state, or local requirements and that the results of the test are obtained by
the District. If such a test results in an alcohol concentration below 0.02, a 24
hour out-of-service order may be issued by the law enforcement official.
Return to duty testing
Return to duty testing for alcohol and/or drugs is conducted after a covered driver has
engaged in prohibited conduct under this policy prior to the employee’s return to the
performance of a safety-sensitive function. The alcohol test result must indicate an
alcohol concentration of less than .02 and/or a drug test must indicate a verified negative
result for illegal drugs.
6.
Follow-up testing
Follow-up tests are given following a determination by the Substance Abuse Professional
(SAP) that a driver is in need of assistance in resolving problems associated with misuses
of alcohol and/or drugs. This is an unannounced test, given at least six (6) times within
twelve (12) months with the actual frequency and number of tests determined by the
substance abuse professional (SAP), but in no event may the follow up testing continue
for a period beyond 60 months from the covered driver’s return to duty. The substance
abuse professional may terminate the requirement of follow-up testing at any time after
the first six (6) tests have been administered if he or she determines that follow-up testing
is no longer necessary.
Covered drivers are subject to follow-up alcohol testing as follows: immediately prior to
performing safety sensitive functions, or while performing safety sensitive functions, or
immediately following the performance of safety sensitive functions. Follow-up drug
testing may be conducted at any time the covered driver is on duty for the district.
V.
Testing Procedures
The District shall retain an approved company to perform collection and testing, to ensure chain
of custody requirements, and to ensure the correct employee is tested and matched with the
correct test results. Such company will be required to follow the federal regulations to ensure
compliance with the blind sample, calibration of the EBT, laboratory certification and proper
training of the Breath Alcohol Technician (BAT). Testing for alcohol and/or controlled
substances will be taken on-site or at the laboratory, in a secure location that affords visual and
aural privacy and with the proper safeguards to ensure the integrity of the specimens collected.
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The Drug and Alcohol Coordinator (see appendix) can be contacted to request the name of the
company hired to perform the drug and alcohol testing services.
If the test comes back positive dilute, that shall be considered a positive verified test and the
covered driver shall not be allowed to take another test.
If the test comes back negative dilute for pre-employment testing, return to duty testing and
follow up testing, then the covered driver shall be required to take another test. If re-tested, there
will be a fee for the second test. Employees to be re-tested must be given the minimum possible
advance notice that he or she must go to the collection site. The result of the second test becomes
the test of record. If an employee is directed to take another test, and the employee declines to do
so, the employee has refused the test for the purpose of this policy and the federal drug and
alcohol testing regulations. If the test comes back canceled, neither positive nor negative for
drugs or alcohol, the employee shall not be allowed to perform safety sensitive functions if a
negative result is required by the regulations. The District shall order a recollection in the case of
a canceled test for the purpose of re-testing in the case of pre-employment, return to duty or
follow up testing.
1.
Alcohol
Alcohol testing will be administered by a trained and qualified BAT. The evidential
breath testing device (EBT) used for testing shall meet the standards promulgated by the
DOT and have a quality assurance plan developed by the manufacturer to insure proper
calibration.
If the initial test reveals an alcohol concentration of .02 or greater, a confirmatory test
must be performed. The confirmatory test result is the final test result for the purposes of
this policy.
2.
Drugs
A Department of Health and Human Services certified laboratory will perform drug
testing on urine samples provided by covered drivers. The drugs for which tests will be
conducted are: Marijuana (THC), Cocaine, Phencyclidine (PCP), Opiates, and
Amphetamines. The cutoff levels for these drugs will be those set forth in the DOT
regulation.
3.
Uncompleted testing
If a screening or confirmation test cannot be completed, or if an event occurs that would
invalidate the test, the BAT, shall, if practicable begin a new screening or confirmation
test, as applicable, e.g., using a new breath alcohol testing form with a new sequential
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test number.
VI.
Requirements Prior to Commencing Safety Sensitive Position
1.
Pre-duty request for prior employment drug and alcohol testing
In the case of all new safety sensitive employees, the District shall request the following
written information, after obtaining the prospective employee’s written consent, from
DOT regulated employers who have employed the employee at any time during the two
years prior to the date of the employee’s application or transfer:
a.
b.
c.
d.
e.
Alcohol tests with a result of 0.04 or higher alcohol concentration
Verified positive drug test
Refusal to be tested
Other violations of DOT agency drug and alcohol testing; and
With respect to any employee who violated a DOT drug and alcohol regulation,
documentation of the employee’s successful completion of DOT return to duty
requirements.
The above listed information should be obtained and reviewed before the prospective
employee commences performing any safety sensitive functions. However, the District
has a 30 day grace period from the day the employee starts to perform safety sensitive
functions in which to obtain or make and document a good faith effort to obtain this
information. The District must not allow any employee to continue performing safety
sensitive functions after 30 days if District has not obtained or made and documented a
good faith effort to obtain this information.
The District must ask the prospective employee whether he/she has tested positive, or
refused to test, on any pre-employment drug or alcohol test administered by an employer
to which the employee applied for but did not obtain safety sensitive transportation work
covered by DOT agency drug and alcohol testing rules during the past two years.
If the prospective employee admits that he/she has tested positive or has refused to test,
then the District may choose not to hire the prospective employee. However, if the
District does choose to hire a prospective employee who has admitted that he/she has
tested positive or refused to test, the District must not use the employee to perform safety
sensitive functions, until and unless the employee documents successful completion of
return to duty process.
VII.
Prohibited Conduct
1.
No covered driver shall report for duty or remain on duty requiring the performance of
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2.
3.
4.
5.
6.
7.
8.
9.
10.
VIII.
safety sensitive functions while having an alcohol concentration of 0.02 or greater.
A covered driver shall not be on duty or operate a commercial motor vehicle while the
covered driver possesses alcohol.
A covered driver shall not use alcohol while performing safety sensitive functions.
No covered driver shall perform safety-sensitive functions within six (6) hours after using
alcohol.
A covered driver required to take a post accident alcohol test shall not use alcohol for
eight (8) hours following the accident, or until he/she undergoes a post accident alcohol
test, whichever is first.
A covered driver shall not report for duty or remain on duty requiring the performance of
safety sensitive functions when the driver is using drugs, except when the use is pursuant
to the instructions of a physician who has advised the driver that the drug does not affect
the driver’s ability to safely operate a commercial motor vehicle.
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if
the driver tests positive for controlled substances.
Independent of the requirements of the Act and the regulations promulgated thereunder,
the covered driver must provide written notice from the physician to the Drug and
Alcohol Coordinator that he or she is using controlled substances pursuant to the
instructions of the physician and that he or she advised the driver that the substance does
not adversely affect the driver’s ability to safely operate a commercial motor vehicle.
A covered driver shall not refuse to submit to an alcohol or drug test required under this
policy.
An applicant for employment, who has been given a conditional offer of employment
may not refuse to sign a release authorizing the District to request from all former
employer’s, where the employee was a covered driver, his or her drug and alcohol testing
records.
Consequences for covered drivers
Pursuant to the Act and the regulations:
1.
2.
3.
A covered driver who has an alcohol concentration of at least 0.02 shall be removed
immediately from his/her performing safety sensitive position for at least 24 hours and
shall not return until he/she is evaluated by a substance abuse professional, completes any
other steps required by the SAP and takes a return to duty test.
A covered driver who has an alcohol concentration of at least 0.04 shall be removed
immediately from his/her safety sensitive position and may not return until he or she is
evaluated by a substance abuse professional, completes any other steps required by the
SAP and takes a return to duty test.
A covered driver who has a verified positive result on a drug test shall be prohibited from
performing safety sensitive functions until the employee is evaluated by a substance
abuse professional, completes any other steps required by the SAP and takes a return to
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4.
5.
6.
duty test.
A covered driver who refuses to submit to a test shall be prohibited from performing
safety sensitive functions until the employee is evaluated by substance abuse
professional, completes any other steps required by the SAP and takes a return to duty
test.
A covered driver may not perform safety-sensitive functions, if there exists a reasonable
suspicion that the driver is under the influence of, or impaired by, alcohol as shown by
the behavioral, speech, and performance indicators of alcohol misuse, until an alcohol
test is administered and the driver’s alcohol concentration measures less than .02 or 24
hours have elapsed following a determination that reasonable suspicion exists to believe
that the alcohol prohibitions of this policy have been violated.
A covered driver may not perform safety-sensitive functions even if his or her alcohol
concentration is less than 0.02, or the alcohol concentration is unknown, if the employer
detects the presence of alcohol in the driver by other means.
Independent of the requirements of the Act and the regulations promulgated thereunder, a
covered driver may not perform safety-sensitive functions, if there exists a reasonable suspicion
that the driver is under the influence of, or impaired by, drugs as shown by the behavioral,
speech, and performance indicators of drug abuse, until a drug test is administered and there is a
verified negative result.
Independent of the requirements of the Act and the regulations promulgated thereunder, covered
drivers who have been found to have engaged in the prohibited conduct under this policy will be
immediately suspended from their safety-sensitive function without pay pending a complete
review of the test results and what led to the test results, if appropriate. After review, if the
covered driver was found to have an alcohol concentration of 0.04 or greater, a positive drug test,
or refused to submit to a test, the employee shall be terminated. If the covered driver was found
to have an alcohol concentration between 0.02 and 0.04, he or she shall be required to be
evaluated by a substance abuse professional, complete any other steps required by the SAP and
take a return to duty test before returning to work.
A covered driver who is an applicant for employment who has been extended a conditional offer
of employment shall have such conditional offer revoked if:
1.
2.
He/she undergoes a drug test which reveals a verified positive test result, or
He/she admits, during the pre-duty request for prior employment drug and alcohol
testing, they had a positive test or refused to test on any pre-employment drug or alcohol
testing administered by the employer to which the employee applied for, but did not
obtain safety sensitive transportation work covered by DOT agency drug and alcohol
testing rules during the past two years and the Board chooses not to hire the prospective
employee, or
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3.
4.
5.
IX.
He/she previously failed to successfully complete a rehabilitation program (return to duty
process) established by a substance abuse professional resulting from a violation of that
employer’s policy or the Act, or
He/she fails to provide a release for the District to request from former employer’s where
the individual was a covered driver.
The above actions shall be taken in accordance with the provisions of the employee’s
collective bargaining agreement, §75 of the Civil Service Law and/or §3020-a of
Education Law, whichever is applicable.
Referral, evaluation, and treatment
The requirements of this section do not apply to applicants who refuse to submit to a pre-duty
drug test or who have a pre-duty drug test with a verified positive test result.
X.
1.
The District shall make available to a covered driver who has violated this policy,
information regarding the resources available for evaluating and resolving problems
associated with the misuse of alcohol and use of drugs, including the names, addresses,
and telephone numbers of substance abuse professionals and counseling and treatment
programs. The District shall ensure that the listed substance abuse professionals do not
refer the covered driver to the substance abuse professional’s private practice, or to a
person or organization from which the substance abuse professional receives
remuneration, or in which the substance abuse professional has a financial interest.
2.
The District requires that each covered driver who engages in conduct prohibited by this
policy shall be evaluated by a substance abuse professional who shall determine what
assistance, if any, the employee needs in resolving problems associated with alcohol
misuse and drug use. The substance abuse professional shall also determine if follow up
testing is necessary and if so, the number and frequency of such tests. The costs
associated with this evaluation shall be the responsibility of the covered driver.
3.
Before a covered driver returns to duty requiring the performance of a safety-sensitive
function after engaging in conduct prohibited by this policy, the covered driver shall
undergo a return to duty test.
4.
The substance abuse professional will determine if the covered driver has properly
followed any rehabilitation program prescribed following the evaluation.
Employee Notification
The District shall provide a copy of this policy to each covered driver and to his/her collective
bargaining agent. Each covered driver is required to sign a statement certifying that (s)he has
received this information. The District shall maintain the original signed certification for the
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duration of the employee’s employment or two (2) years, whichever is longer. The District will
provide a copy of the certification to the covered driver upon request.
XI.
Savings Clause
If any provision of this policy is, or shall at any time be contrary to the law, then such policy
provision shall be considered modified or deleted so as to comply with the superseding legal
requirements, without any effect on the remaining policy provisions.
Legal Ref:
U.S. Constitution, 4th Amendment; Omnibus Transportation Employee Testing Act of
1991, 49 USC §§31136; 31306 Americans with Disabilities Act, 42 USC
§§12111-12117; 49 CFR Parts 40, 382 and §§395.20 and 521(b); New York Vehicle and
Traffic Law, §§509-l; 1192; 1193; New York Labor Law, §201-d
Adopted:
______
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Appendix A
Drug and Alcohol Testing Definitions
Alcohol:
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight
alcohol’s, including methyl and isopropyl alcohol.
Alcohol use:
The consumption of any beverage, mixture, or preparation, including any medication
containing alcohol.
Breath Alcohol Technician (BAT):
An individual who operates an evidential breath testing device and instructs and assists
individuals in the alcohol testing process.
BAC or Alcohol Concentration:
Breath Alcohol Concentration (BAC), or alcohol concentration, is the amount of alcohol
in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as
indicated by an evidential breath test.
Commercial Motor Vehicle:
A motor vehicle or a combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
1.
has a gross combination weight of 26,001 or more pounds inclusive of a towed
unit with a gross vehicle weight rating of more than 10,000 pounds; or
2.
has a gross vehicle weight rating of 26,001 or more pounds; or
3.
is designed to transport 16 or more passengers, including the driver; or
4.
is of any size and is used in the transportation of materials found to be hazardous
for the purposes of the Hazardous Materials Transportation Act and which
require the motor vehicle to be placarded under the Hazardous Material
Regulations.
Confirmation test :
In drug testing, a second analytical procedure to identify the presence of a specific drug
or metabolite that is independent of the screening test and that uses a different technique
and chemical principle from that of a screening test in order to ensure reliability and
accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized
confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.
In alcohol testing, a second test, following a screening test with a result of .02 or greater,
that provides quantitative data of alcohol concentration.
Covered driver:
District employees who operate commercial motor vehicles and applicants for
employment with the district who are applying for positions as drivers of commercial
motor vehicles (for the purposes of pre-duty testing only).
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Drug and Alcohol Coordinator:
The Drug and Alcohol Coordinator shall be the Jefferson - Lewis DISTRICT Health and
Safety Coordinator who is located at 20104 NYS Rt. 3, Watertown, NEW YORK 13601,
and may be reached at 779-7000.
Evidential breath testing device (EBT):
A device approved by the National Highway Traffic Safety Administration (NHTSA) for
the evidential testing of breath and placed on NHTSA’s Conforming Product’s List of
Evidential Breath Measurement Devices.”(CPL)
Medical Review Officer (MRO):
A licensed physician responsible for receiving laboratory results generated by the
District’s drug test program, who has knowledge of substance abuse disorders and has
appropriate medical training to interpret and evaluate an individual’s positive test result
together with his or her medical history and any other relevant biomedical information.
Refuse to submit (to an alcohol or drug test):
Means that a covered driver refuses to take a drug test if they:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
fail to appear for any test (except a pre-employment test) within a reasonable
time, as determined by the employer, consistent with applicable DOT agency
regulations, after being directed to do so by the employer,
fail to remain at the testing site until the testing process is complete, provided that
an employee who leaves the testing site before the testing process commences for
a pre-employment test is not deemed to have refused to test,
fail to provide a urine specimen for any drug test required by this policy or DOT
agency regulations,
in the case of a directly observed or monitored collection in a drug test, fail to
permit the observation or monitoring of his or her provision of a specimen,
fail to provide a sufficient amount of urine when directed, and it has been
determined, through a required medical evaluation, that there was no adequate
medical explanation for the failure,
fail or decline to take a second test the employer or collector has directed the
individual to take,
fail to undergo a medical examination or evaluation, as directed by the MRO as
part of the verification process,
fail to cooperate with any part of the testing process, or
if the MRO reports that he/she has a verified adulterated or substituted test result
or he/she refuses to take a drug test.
Screening test:
In alcohol testing, means an analytical procedure to determine whether a driver may have
a prohibited concentration of alcohol in his or her system. In drug testing, an
immunoassay procedure to eliminate “negative” urine specimens from further
consideration.
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Safety sensitive function:
Any of those on-duty functions (promulgated at 49 CFR §395.2 On-Duty time) as listed
below:
1.
All time at a carrier or shipping plant, terminal, facility, or other property, waiting
to be dispatched, unless the driver had been relieved from duty by the District.
2.
All time inspecting equipment as required by the Federal Motor Carrier Safety
Regulations (FMCSR’S), or otherwise inspecting, servicing, or conditioning any
commercial motor vehicle at any time.
3.
All time spent at the driving controls of a commercial motor vehicle in operation.
4.
All time, other than driving time, spent on or in a commercial motor vehicle
(except for time spent resting in the sleeper berth.)
5.
All time spent loading or unloading a commercial motor vehicle, supervising, or
assisting in the loading or unloading, attending a vehicle being loaded or
unloaded, remaining in readiness to operate the vehicle, or in giving or receiving
receipts for shipments loaded or unloaded.
6.
All time spent performing the driver’s requirements associated with an accident
promulgated at 49 CFR §§392.40 and 392.41.
7.
All time repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle.
Substance Abuse Professional:
A substance abuse professional means a licensed physician (Medical Doctor or Doctor of
Osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism
and Drug Abuse Counselors Certification Commission) with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and drugs-related disorders.
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6401.1
PRE-DUTY ACKNOWLEDGEMENT AUTHORIZATION AND CONSENT FORM
FOR DRUG AND ALCOHOL TESTING
I,
, acknowledge receiving this day, a conditional offer of
employment with the Central Valley Central School District, written notice regarding the
existence of the Central Valley Central School District's Drug and Alcohol Testing Program and
a copy of the District policy and regulations by which it will be administered.
I further understand and agree to submit to urinalysis, (hereinafter referred to as "drug testing")
for the detection of prohibited drugs, and evidential breath testing (hereinafter referred to as
"alcohol testing"). I understand that I can be tested for both drugs and/or alcohol pursuant to the
Central Valley Central School District's policy for pre-duty, and if successful and offered a
position, for random, reasonable suspicion, post-accident, return to duty, and follow-up testing as
the circumstances require. I further understand that the conditional offer of employment that has
been extended to me is contingent on my testing negative for both alcohol and drugs.
If the results of pre-duty alcohol tests indicate that my alcohol concentration registers at or above
.02, it will result in the revocation of the conditional offer of employment. Furthermore, if the
results of my pre-duty drug test indicate the presence of marijuana, cocaine, amphetamines,
phencyclidine or opiates, alone or in any combination, that have not been prescribed for me by
my doctor with his written assurance that the identified drug(s) will not effect the safe
performance of my job, will result in the revocation of the conditional offer of employment.
I understand, further, that refusal to submit to pre-duty testing will result in the revocation of the
conditional offer of employment. I also understand that my refusal to submit to testing at any
later date as an employee of the Central Valley Central School District, when requested to do so
as required by the Central Valley Central School District's policy, will result in discipline up to
and including discharge.
Also, by signing this document, I release to the Central Valley Central School District and the
Central Valley Central School District Drug Alcohol Coordinator all results regarding drug and
alcohol testing or refusal to submit to drug and alcohol testing from both past and present
employers' drug and alcohol testing programs.
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6401.1
PRE-DUTY ACKNOWLEDGEMENT AUTHORIZATION AND CONSENT FORM
FOR DRUG AND ALCOHOL TESTING
I, in consideration of the agreements accept full and complete responsibility and liability for my
conduct, my compliance with Central Valley Central School procedures and results of any tests
conducted upon the request of the Central Valley Central School District.
My signature below indicates my understanding of this Policy and what is expected of me, my
consent to be tested and my authorization to release to collection site personnel, medical review
officer, and the designated employer representative the information necessary to comply with this
policy.
Date:
Signature:
Date:
Signature:
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EDUCATION OF HOMELESS CHILDREN
I.
II.
Statement of Policy
A.
A child who is homeless, within the meaning of this Policy, shall be enrolled in a
District school or receive other educational services identified in this Policy,
whether or not that child otherwise qualifies as a resident of the District. Children
who are homeless shall not be segregated in a separate building, or a separate
program within a building, based on their status as homeless.
B.
This Policy shall be interpreted and applied in a manner such that the District
meets its clear obligations under New York State Education Law Section 3209
and related Regulations of the Commissioner, and the McKinney-Vento Homeless
Education Assistance Act (42 USC 11431 et seq.), as amended and reauthorized.
C.
The term “child” is used in this Policy to refer to any person who is between the
ages of five (5) and twenty-one (21) and who has not obtained a high school
diploma, whether that person is in the physical custody of an adult or not.
Status as Homeless
A.
B.
A child is homeless, for purposes of this Policy, if the child:
1.
lacks a fixed, regular, and adequate night-time residence, or
2.
has a primary night-time location that is either:
a.
a supervised shelter (publicly or privately operated) that is
designed to provide temporary living accommodations, or
b.
a place (public or private) that is not designed for, or ordinarily
used as, a regular sleeping accommodation for human beings.
Among other possible situations, a child shall be considered to lack a fixed,
regular, and adequate night-time residence if that child is:
1.
sharing the housing of other persons due to a loss of housing, economic
hardship or a similar reason;
2.
living in motels, hotels, trailer parks or camping grounds due to the
lack of alternative adequate accommodations;
3.
abandoned in hospitals; or
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4.
C.
III.
awaiting foster care placement.
A child who is in foster care, or who is receiving educational services under
Sections 3202(4), (5), (6), or (6-a), or Articles 81, 85, 87, or 88 of the
Educational Law, is not considered homeless for purposes of this Policy.
Homeless Liaison
The Superintendent shall designate a District administrator to serve as the District’s local
Liaison for Homeless Children, and shall promulgate an administrative regulation that
describes the Liaison’s responsibilities to insure that the District complies with applicable
statutes and regulations.
IV.
Designation of School Choice and Enrollment
A.
B.
The District shall use an enrollment form that requests information about the
living arrangements of the child being enrolled, sufficient to make an assessment
of whether the child should be initially enrolled or provided services as a
homeless child, pending final determination. When the information provided on
the enrollment form indicates that a child should initially be classified as
homeless, the District shall obtain a designation of whether the child chooses to
attend school:
1.
in a school in the district where the child is now located, including, where
a student enrolled in this District moves to a temporary housing location
elsewhere in this District, the school being attended immediately before
the student’s homeless status occurred; or
2.
in a school in the district where the child was attending immediately prior
to becoming homeless; or
3.
in a school in the district where the student was last enrolled; or
The designation described in Section A, above, shall be made on the form
provided by the Commissioner of Education (STAC-202), which the District shall
make available. The District shall also use this form to collect information
whenever a currently enrolled student initiates a change of address or claims
homeless status. The District will honor a designation that is made:
1.
by the child’s parent, or person in parental relation; or
2.
if the child is not in the physical custody of a parent or legal guardian, by
the child with guidance and assistance from the Liaison for Homeless
Children; or
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3.
if the child is living in a residence for runaway and homeless youth
established pursuant to Article 19-H of the Executive Law, by the director
of that residence in consultation with the child.
C.
Prior to the end of the first semester of attendance or within 60 days of
commencing attendance at a school designated pursuant to this Policy, whichever
occurs later, the designator may change the designation if the designator finds the
original designation to be educationally unsound.
D.
If this District is designated as the district the child chooses to attend, the
Superintendent shall insure that:
E.
1.
the designation form has been completed properly, and copies of the
designation form are distributed as required;
2.
the child is admitted to instruction pending a complete evaluation of the
child’s status as homeless, even if the child is unable to produce the
records normally required for enrollment;
3.
the child is provided access to all District programs, activities, and
services to the same extent as a resident student;
4.
the school district where the child’s records are located is requested to
provide a copy;
5.
if this District is also the district of location, and the child’s temporary
housing location is not operated by the local Department of Social
Services or a residential program for runaway youth, SED is provided
with a statement of the basis for the determination that the child is
homeless and entitled to attend the District’s schools, along with the
completed designation form.
After the initial assessment of homeless status based on the enrollment form, the
Homeless Liaison shall make a complete inquiry into the student’s status and
make a recommendation to the Superintendent as to whether the child should
continue to be classified as a homeless student, or be classified as a resident
student or a non-resident student. If the Superintendent determines that the child
should not be classified as a homeless child, then the Superintendent shall:
1.
provide a written explanation to the person(s) making the designation,
including an explanation of the appeal process; and
2.
defer for at least thirty (30) days a decision to deny enrollment,
transportation, or other services to the child, and continue that deferral
until the conclusion of any appeal process that is commenced with the
Commissioner of Education with a stay application.
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V.
VI.
Tuition Reimbursement
A.
If a child classified as homeless under this Policy validly chooses to attend school
in this District, and the student’s temporary housing is located in this District, and
the child’s school district of origin is within New York State, the Superintendent
shall take the necessary steps to obtain reimbursement by the State Education
Department for the direct cost of educational services, not otherwise reimbursed
under special federal programs, calculated pursuant to regulations of the
Commissioner for the period of time for which such services are provided.
B.
Where the school district a homeless child was attending on a tuition-free basis or
was entitled to attend when circumstances arose which caused the child to become
homeless is located outside the State, and the child’s temporary housing is located
in this District, the child shall be deemed a resident of this District and shall be
entitled to attend the schools of this District without payment of tuition.
Students With A Disability
If a child who has been receiving services as a child with a disability in another school
district relocates to this district during the same school year the child has received those
services, and that child is classified as homeless for purposes of this Policy, and that child
makes a valid election to attend school in this district, then that child will be provided a
free appropriate public education, including services comparable to those described in
the individual education plan (IEP) prepared in the prior district of attendance.
VII.
Transportation
A.
When a child is classified as homeless for purposes of this Policy, the District will
provide transportation between the child’s temporary housing location and the
school the child has designated for attendance, consistent with the following:
1.
If the child is living in a facility operated by the Department of Social
Services or Office of Child and Family Services, transportation will first
be sought from the applicable agency;
2.
Transportation to and from the child’s temporary housing location and the
school the child legally attends will be arranged in the most cost effective
manner, including cooperative arrangements with neighboring districts
when feasible;
3.
If this district is also the district of current location, transportation will be
provided to the child on the same basis it is provided to resident students;
and
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B.
C.
4.
If the distance between the child’s temporary housing location and the
school the child legally attends is more than 50 miles (one way trip),
transportation will only be provided when the Commissioner of Education
certifies that the transportation is in the best interest of the child.
5.
If there is a dispute regarding the child’s entitlement to transportation as a
homeless child, the District will provide transportation pending a final
determination of the child’s status.
Expenditures for the transportation of a parent accompanying a homeless child
shall be paid by the District only when:
1.
the child is being transported using public transportation, transportation of
the child with an accompanying parent has been determined by the District
to be the most cost-effective means of transportation, and the District has
determined that public transportation unaccompanied by the parent is
inappropriate because of the child's age, the distance to be traveled, the
complexity of the transportation arrangement, the need to transport the
child through a high crime area, or a combination of such factors; or
2.
the child is a student with a disability whose individualized education
program (IEP) includes the services of a transportation aide or attendant,
and providing transportation with the parent serving as the transportation
aide or attendant for the child is the most cost-effective means of
transportation; or
3.
transportation by the parent in the parent’s vehicle is the most costeffective means of transportation.
Transportation will be provided to a child classified as homeless for purposes of
this Policy during any disputes regarding school enrollment or selection.
VIII. Meals
A child identified as homeless for purposes of this Policy is eligible for free meals
without completion of an application.
IX.
Dispute Resolution
The Superintendent shall promulgate an administrative regulation that establishes a
dispute resolution process that insures that the District complies with applicable statutes
and regulations.
X.
Title I Coordination
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A.
When a child who qualifies as homeless under this Policy is also eligible for
services under Title I, Part A of ESEA, the District will provide those services
whether or not that child lives in a Title I school attendance zone or meets the
academic requirements for non-homeless children, and Title I, Part A funds will
be set aside as necessary to provide homeless children who do not attend
participating schools with services comparable to those provided to children in
Title I, Part A funded schools
B.
The District will include in its local plan a description of services provided to
homeless children.
C.
When the District reports that there are no homeless children or unaccompanied
youth in non-Title I schools, the District will describe the efforts it made to
identify homeless children and unaccompanied youth. As part of its efforts, the
District will contact the local Department of Social Services and Office of Child
and Family Services to determine if they have records of homeless youth living
within the District.
Legal Ref:
8 N.Y.C.R.R., Section 100.2(x) and (y); Section 3202(1), New York State
Education Law
Adopted:
______
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7005.1
PROCEDURES FOR ACHIEVING EDUCATION OF HOMELESS CHILDREN
I.
Enrollment Form
The District’s enrollment form shall collect information about the living arrangements of
the child, including asking if he or she is living in a shelter; with relatives or others due to
loss of housing or economic hardship; in an abandoned apartment/building; in a
motel/hotel, camping ground, car, train/bus station or other similar situation due to the
lack of alternative, adequate housing; or awaiting an OCFS permanent foster care
placement.
II.
Dispute Resolution Procedure
A.
B.
Whenever the District declines to classify a child as homeless, or declines to
enroll a homeless child in the school designated by or on behalf of the child, or
declines to transport a homeless child, the child and those acting on behalf of the
child will be provided with a written explanation of the District’s decision and the
date on which the District intends to exclude the student or withdraw
transportation or other services. The written explanation shall be accompanied
by:
1.
a statement regarding the right to appeal the District’s decision, to the
Commissioner of Education,
2.
a statement that the District will provide enrollment, transportation, or
other services pending the appeal process,
3.
contact information for the District’s Liaison for Homeless Children and
an explanation of the Liaison’s availability to assist with the appeal, and
4.
the form petition for commencing an appeal to the Commissioner.
Whenever the District declines to classify a child as homeless, or declines to
enroll a homeless child in the school designated by or on behalf of the child, or
declines to transport a homeless child, the District will defer for at least thirty (30)
days a decision to deny enrollment, transportation, or other services to the child,
and will continue that deferral when an appeal is commenced with the
Commissioner of Education with a stay application.
1.
If the Commissioner grants the request for a stay, implementation of the
District’s decision will be deferred until the expiration of the stay.
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2.
III.
If the Commissioner denies the request for a stay, the District’s decision
will be implemented.
Responsibilities of Liaison for Homeless Children
A.
Determinations of Homeless Status
1.
B.
When the District receives an enrollment form, change of address
information, or other information indicating that a child may qualify as
homeless, the Liaison shall:
a.
contact the homeless child or adult working on behalf of the child
and explain the Liaison’s role, and
b.
facilitate the timely enrollment and provision of services to the
child, pending a final determination
2.
When a homeless child is not in the physical custody of a parent or legal
guardian, the Liaison shall actively assist that child in making a school
designation, provide direct coordination with the committee on special
education if the child is a student with a disability, and advise the child of
the right to appeal District determinations.
3.
After a child is initially classified as homeless and provided appropriate
services, the Liaison shall promptly conduct a complete inquiry into the
child’s housing situation, and make a written recommendation to the
Superintendent whether the child should be determined to be a resident, a
non-resident, or homeless.
Assistance With Dispute Resolution and Appeals the Liaison shall:
1.
Be available to the homeless child or adult working on behalf of the child
to answer questions about any determination made by the District, and to
receive written or oral objections to those determinations;
2.
Explain the appeal process to the homeless child or adult working on
behalf of the child, provide the form petition for appeal, and actively assist
with the completion of the form;
3.
Provide the homeless child or adult working on behalf of the child with a
complete copy of appeal-related documentation, at no cost to them;
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7005.1
C.
4.
Accept service of the form petition and supporting papers on behalf of the
District and any school district employee or officer named as a party, or
arranging for service by mailing the form petition and supporting
documents to any school district employee or officer named as a party
and, if the District is named as a party, to the office of the Superintendent;
5.
signed and dated acknowledgment verifying that the Liaison has received
the form petition and supporting documents and will either accept service
of the form petition and supporting papers on behalf of the District and
any school district employee or officer named as a party, or arranging for
service by mailing the form petition and supporting documents to any
school district employee or officer named as a party and, if the District is
named as a party, to the office of the Superintendent;
6.
On behalf of the homeless child or adult working on behalf of the child,
transmit the form petition or any pleading or paper to the Office of
Counsel, Education Department, State Education Building, Albany, NY
12234, within five (5) days of their being served;
7.
signed and dated acknowledgement verifying that the Liaison has received
the form petition and supporting documents and will transmit these
documents to the Office of Counsel, Education Department, State
Education Building, Albany, NY 12234; and
8.
Accept service of any subsequent pleadings or papers, including any
correspondence related to the appeal, on behalf of the homeless child or
adult working on behalf of the child, if the homeless child or adult
working on behalf of the child so elects.
Administrative and Coordinating Duties the Liaison shall:
1.
Coordinate the identification of homeless children and the provision of
services to the homeless child with other districts and social service
agencies.
2.
Receive and respond to requests for student records, insuring that a
complete copy of a child’s records is provided to a requesting school
district within five (5) days.
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7005.1
3.
Insure timely and accurate preparation of reports required by the
Commissioner of Education.
4.
Inform each homeless child and parent or guardian of all educational
opportunities, transportation services, and other services available to the
child, and assist parents and guardians to have a meaningful opportunity to
participate in the child’s education.
5.
Assist each homeless child and parent or guardian in obtaining
immunizations and medical records.
6.
Assist with coordinating the child’s transportation services.
7.
Maintain a record of all appeals of enrollment, school selection, and
transportation determinations.
8.
Maintain an accurate record of the number and identity of all students
classified as homeless, their grade level, and their nighttime residence(s).
9.
Inform school personnel, service providers, and advocates working with
homeless families of the Liaison’s duties, according to a plan of
communications approved by the Superintendent.
10.
Collaborate and coordinate with the State Coordinator for the Education of
Homeless Children and Youth and community and school personnel
responsible for providing education and related support services to
homeless children and youth.
______
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STUDENT ATTENDANCE
I.
Philosophy
The Board of Education, in accordance with Section 104.1 (c) of the Regulations of the
Commissioner of Education, establishes this comprehensive attendance policy. The
objectives of this policy are to ensure the maintenance of an adequate record verifying the
attendance of all children, to establish a mechanism to examine patterns of pupil absence and
to develop effective intervention strategies to improve school attendance.
II.
Policy
The Board, administration and staff of the district recognize that regular classroom
attendance is an essential part of a successful educational program and that there is a critical
relationship between academically engaged time and student performance.
III.
Expectations for Good Attendance
A.
1.
Students are expected to attend scheduled classes. The insistence on good
attendance serves as a clear and constant reminder of the importance of
attendance in instruction, enabling the student to:
Learn subject matter and earn good grades
Develop responsible work and study habits, and
Prepare for the world of work
2.
B.
Under New York State Education Law Section 3205, parents are responsible
for the regular attendance of their children for instruction.
Absences
1.
Excused
Section 175.6 of the Commissioner’s regulations define the following as
“excused absences:” personal illness, serious illness or death in the family,
impassable roads due to weather conditions, religious observance, quarantine,
court appearances, attendance at health clinics, approved cooperative work
programs, approved college visits, military obligations, disciplinary detention
of an incarcerated youth or any other reason approved by the Commissioner.
All instances of excused absence require a written parent/guardian excuse.
The excuse must identify the date/time of absence, reason for absence,
tardiness or early departure and parent/guardian signature. Students failing to
present an excuse prior to an early departure or upon reporting back to school
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following an absence or tardiness will be subject to a warning. Subsequent
offenses will resort in progressive discipline and/or Department of Social
Services contact.
2
Unexcused
Most absences not mentioned above are interpreted under the law as
“unexcused absences” including but not limited to vacation, shopping, babysitting, oversleeping, needed at home, cold weather or missing the bus. Any
reason not listed as excused shall be deemed unexcused unless the Building
Principal determines otherwise. The two categories of unexcused absence are:
IV.
1.
Unlawful Detention: Unlawful detention occurs when the pupil is
absent with the knowledge and consent of his/her parent/guardian for
other than an excused absence.
2.
Truancy: A student who is absent from school without the consent of
a parent/guardian is considered to be truant.
Responsibility for Good Attendance.
Successful implementation of this policy requires cooperation among all members of the
educational community, including parents, students, teachers, administrators and all staff
members.
A.
B.
Parent/Guardian Responsibilities
1.
It is the responsibility of parents/guardians to ensure that their children attend
school regularly and on time.
2.
When a student is absent from school, parents/guardians must contact the
school to report the absence and/or provide appropriate excuses when required
(doctor’s verification).
3.
Parents/Guardians must provide a written explanation of the absence for their
child to be turned into their homeroom/first period teacher upon the student’s
return to school.
4.
Parents are required to provide their current home address, telephone number,
emergency number(s) and a list of adults to contact in their absence.
Student Responsibilities
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C.
D.
V.
1.
Students must attend school daily and be on time.
2.
Students must attend all classes and are expected to participate fully.
3.
Students are expected to make timely arrangements with their teachers to
make up assignments and class work they have missed during their absence.
Teacher/Staff Responsibilities
1.
Teachers are responsible for maintaining accurate attendance reports and for
referring chronic absentees for review by the Building Principal or Designee.
2.
School office staff shall be responsible for preliminary contact with parents
and students to assess a situation of absenteeism and devise a plan of
improvement.
3.
Teachers and school personnel will continually stress to students the
importance of promptness and regular attendance in all of their classes.
Teachers can make a difference in the attendance habits of most of their
students. (Phone calls to parents or guardians are encouraged).
Administrative Responsibilities
1.
The District shall maintain a register of attendance for each pupil which
includes the student’s name, date of birth, home address, names of
parents/guardians, telephone numbers to contact parents/guardians, date of
enrollment, record of pupil’s attendance on days of instruction, and the date of
withdrawal or date dropped from enrollment.
2.
The Principal or Designee is responsible for implementing the attendance
policy.
3.
The Principal or Designee is responsible for identifying students who require
alternative services and/or programs for absences or tardiness.
Activities to Support Good Attendance
A.
The implementation of an effective and efficient student attendance system that is
accurately recorded, consistently maintained and fairly administered.
B.
The provision of prompt service to pupils in need of help as soon as a need is
suspected.
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VI.
C.
The establishment of cooperative relationships between parents and other members of
the staff in the interest of the child.
D.
The establishment of cooperative relationships with other community agencies which
serve families of pupils with attendance problems.
E.
The maintenance of an effective policy that encourages student attendance and is in
compliance with the commissioner’s regulations and rulings.
Intervention
A.
The objective of intervention strategies is to identify the cause(s) of absenteeism, to
reduce absenteeism and to circumvent the need for action in the courts (PINS
petitions).
B.
Teachers and other appropriate staff members (e.g. the school nurse, social worker,
guidance counselor or attendance officer) shall be responsible for preliminary contact
with parents and students to assess a situation of absenteeism and devise a plan of
improvement. For example, where the absence is due to prolonged illness, the
District may arrange for immediate home or hospital instruction.
C.
The Building Principal or designee, based upon the referrals of teachers and the
established attendance records, shall identify intervention strategies. Such strategies
may include, but are not limited to:
communication with the parent/guardian
counseling and other support services
mentoring
progressive disciplinary action
related community agencies services.
VII.
Incentives
The Commissioner has recommended that all Districts implement an incentive program to
improve attendance. An incentive program may include, but not be limited to, prizes or
privileges for perfect attendance.
VIII.
Disciplinary Sanctions
A.
When other forms of intervention fail, nonacademic sanctions, including the loss of
privileges (e.g. participation on interscholastic sports or in extracurricular activities,
attendance at school sponsored events), may be imposed.
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B.
IX.
X.
Excessive or unreasonable absences and tardiness may properly be the basis for
disciplinary action. The use of detentions and in school suspensions related to
unexcused absence from school is authorized. A student may be suspended for poor
attendance that is willful insubordination. Such removal shall be pursuant to Section
3214 of the Education Law.
Coding System for Absences
A.
The coding of student absences, tardiness and early departures allows the
administration to decipher patterns of behavior/absenteeism and to develop specific
intervention efforts as early as possible.
B.
The district will utilize a coding system that differentiates student attendance.
Notification
Written notification to parents concerning students’ absences, tardiness or early departures,
will take place at prescribed intervals and will include information that resource/support
personnel are available.
XI.
Implementation and Review
A.
The Board shall review building level pupil attendance records and if such records
show a decline in pupil attendance the Board shall make any revisions deemed
necessary to improve pupil attendance.
B.
The Superintendent shall establish a means to provide a plain language summary of
this policy to parents/persons in parental relation at the beginning of each school year
and take other steps to promote the understanding of such policy.
C.
The Superintendent shall provide each teacher with a copy of this policy after
approval/amendment and provide new teachers with a copy upon employment.
D.
Copies of this policy shall be made available upon request to any member of the
community.
Legal Ref:
8 NYCRR 104.1, 109.2, 175.6
Adopted:
________
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REPORTING POSSIBLE CHILD ABUSE OR MALTREATMENT
I.
II.
STATEMENT OF POLICY
A.
The Central Valley Central School District maintains an orientation program for all
current and new school officials to inform them of their obligations regarding
reporting suspected child abuse or maltreatment, and the District’s procedures for
reporting possible child abuse or maltreatment.
B.
The District recognizes that every school official holding a license or certificate has a
legal duty to make a report when they have reasonable cause to suspect that a child
coming before them in their professional or official capacity is an abused or
maltreated child, and to then immediately notify the designated District administrator
that a report has been made. References to “school officials” in this Policy refer to
that group of District personnel. The District also recognizes that any person may
make such a report.
C.
The District does not take adverse employment action against any District employee
who makes a report of suspected child abuse or maltreatment in the belief that he or
she has reasonable cause to make such a report.
SCOPE OF POLICY
A.
This Policy, with its procedures, applies when the suspected child abuse or
maltreatment has resulted from the action (or inaction) of the child’s parent, or of
another person who is legally responsible for the child (e.g. guardian or custodian).
When the issue arises from action (or inaction) by a District employee or volunteer,
the obligation to report, and the procedures for reporting, are those described in
Policy 7401, Child Abuse in an Educational Setting.
B.
For purposes of this Policy, and its procedures, a child is considered “abused” or
“maltreated” according to the definition of those terms in Section 412 of the New
York State Social Services Law.
The Superintendent shall insure that the District’s orientation program for school
officials regarding their duty to report suspected child abuse or maltreatment
accurately informs them of the applicable definitions.
III.
PROCEDURES (STUDENT UNDER 18 YEARS OF AGE)
A.
When a school official has reasonable cause to suspect child abuse or maltreatment,
that person is required to take the following steps:
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B.
1.
Make an oral report to the Statewide Central Register of Child Abuse or
Maltreatment (“hotline”). The District’s orientation program shall provide all
school officials with current information regarding how to contact the Central
Register.
2.
Immediately after making the report to the central child abuse registry, notify
the Building Principal or the Assistant Superintendent for Business & Finance
that a report has been made, providing the Building Principal or Assistant
Superintendent for Business & Finance with the name of each District
employee who is believed to have direct knowledge of the allegations in the
initial oral report.
Upon being notified that an initial report of suspected child abuse or maltreatment has
been made to the Central Registry, the Building Principal or Superintendent for
Business & Finance shall:
1.
Notify the Superintendent,
2.
If the situation involves possible physical injury,
3.
(a)
arrange for the child to be examined by the school nurse, and a record
of the examination made, and
(b)
take, or cause to be taken, color photographs of the affected area, and,
if medically indicated, make arrangements to have a radiological
examination (x-ray) of the child performed, and
File a written report with the County Department of Social Services, within
48 hours of the initial report, using Form LDSS 2221A or such other form as
may be required by the Department of Social Services. A copy of Form
LDSS 2221A is attached to this Policy as Regulation 7400.1. The
Superintendent shall update the attachment as required, without further Board
action.
(a)
The District’s copy of this form shall be maintained separately from
the child’s other educational records.
C.
If the investigation by the Child Protective Service includes interviewing the child, or
other students, at school, the interview shall be attended by the Building Principal or
other designated administrator.
D.
The District’s investigation of the suspected child abuse or maltreatment shall be
conducted so as to minimize the number of times the child is asked to provide
information.
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IV.
REPORTING PROCEDURES (STUDENT OVER 18 YEARS OF AGE)
For reports of abuse and/or maltreatment of students over the age of eighteen, the respective
Principal shall make an oral report to the appropriate Adult Protective Services Department.
V.
CONSEQUENCES OF FAILURE TO REPORT
A.
By law, a school official who fails to report suspected child abuse or maltreatment
may be subject to criminal action, as well as civil liability for any further harm that
comes to the child.
B.
A failure to report to the Central Register and follow the procedures described in this
Policy, when a school official has reasonable cause to suspect that a child coming
before him or her in his or her professional or official capacity is an abused or
maltreated child, will be considered unsatisfactory performance of the school
official’s duties, subject to possible discipline.
Legal Ref:
Social Services Law Section 412, 413; Education Law Sections 3003; 8 NYCRR 801.4
Adopted:
_______
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7400.1
REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT
This attached form is accessible on the web at: http://www.ocfs.state.ny.us
Approved by the Superintendent:______
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7401
STUDENTS
CHILD ABUSE IN AN EDUCATIONAL SETTING
I.
Article 23-B of the NYS Education Law requires certain school district employees and
school board members to inform law enforcement authorities of incidents of child abuse
committed by an employee or volunteer on school grounds, in a school vehicle, at a
school function or any other location where direct contact between employee or volunteer
and a child has allegedly occurred.
II.
A.
Notice of Staff
School districts must annually provide a written explanation of the reporting
obligation, including the entitlement to immunity for reports made in good faith,
to teachers and all other school officials. A copy of this notice is attached as
Regulation 7401.2
B.
Notice to the Parent
The principal must promptly notify the parent of the student victim of the
allegation of child abuse and provide the parent with a written statement setting
forth their parental rights, responsibilities and the procedures under Article 23-B
of the Education Law. The Commissioner has issued regulations relative to the
required components of this written statement. A copy of the parental notice is
attached as Regulation 7401.1
C.
Training in Reporting of Child Abuse in an Educational Setting
Each school district and each board of cooperative educational services shall
establish, and implement on an ongoing basis, a training program regarding the
procedures set forth in Article 23-B of the Education Law for all current and new
teachers, school nurses, school counselors, school psychologists, school social
workers, school administrators, other personnel required to hold a teaching or
administrative certificate or license, and school board members.
III.
Any employee or volunteer who reasonably and in good faith makes a report of
allegations of child abuse in an educational setting to a person and in a manner described
in this section shall have immunity from civil liability which might otherwise result by
reason of such actions.
Legal Ref:
Article 23-B, NYS Education Law 8 NYCRR 100.2(hh)
Cross Ref:
Reporting Child Abuse or Maltreatment Policy #7400
Adopted:
_______
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7401.1
NOTICE OF PARENTAL RIGHTS CHILD ABUSE IN AN EDUCATIONAL SETTING
This notice is provided pursuant to Education Law §1128 and sets forth parental rights
and the responsibilities and procedures of school districts, the District Attorney’s Office
and the Commissioner of Education under Article 23-B of the Education Law relative to
child abuse that occurs in an educational setting.
I.
Duties of Employees
The law imposes reporting requirements on teachers, administrators, school nurses,
school guidance counselors, school psychologists, school social workers, school board
members and all other school personnel required to hold a teaching or administrative
license or certificate. When these employees receive an allegation of child abuse by an
employee or volunteer in an educational setting, they must take the following steps:
II.
A.
Upon receipt of an oral or written allegation of child abuse in an educational
setting, the employee must promptly complete the “Child Abuse in an Educational
Setting” report form (Regulation 7401.4).
B.
Upon completion of the report form, the employee must personally deliver it to
the site administrator of the school in which the child abuse allegedly occurred.
C.
If the allegation(s) involves a child who was allegedly abused by an employee or
a volunteer of a school in another school district, the employee must promptly
forward the report form to the superintendent of schools of the school district of
attendance and the school district where the abuse allegedly occurred.
Site Administrators
In all cases, upon receipt of a report form, the school building administrator must review
the form and determine if there is reasonable suspicion to believe that an act of child
abuse, as defined by law, has occurred. If he or she finds reasonable suspicion to believe
that an act of child abuse has occurred, additional steps must be taken which differ
depending upon the individual who has made the allegation.
A.
Child makes the Allegation
1.
Promptly notify the parent of the child that an allegation of child abuse in
an educational setting has been made.
2.
Promptly provide the parent with the written statement setting forth
parental rights, responsibilities and procedures prepared in accordance
with the Commissioner’s regulations (8 NYCRR §100.2(hh)).
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B.
C.
3.
Promptly provide a copy of the completed report form to the
Superintendent.
4.
Promptly forward a copy of the completed report form to the appropriate
law enforcement authorities. The report to law enforcement may not be
delayed by reason of inability to contact the superintendent.
Parent Makes the Allegation
1.
2.
Superintendent.
3.
Promptly forward a copy of the completed report form to the appropriate
law enforcement authorities. The report to law enforcement may not be
Person other than the Parent or the Child Makes the Allegation
1.
Promptly notify the parent of the child that an allegation of child abuse in
an educational setting has been made
2.
3.
Ascertain from the reporting employee the source and basis for the
allegation and complete that portion of the report form.
4.
Superintendent.
5.
Promptly forward a copy of the completed report form to appropriate law
enforcement authorities. The report to law enforcement may not be
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III.
Duties of the Superintendent
In most cases, the site administrator will receive the completed report form from an
employee and make the reasonable suspicion determination. However, there are
situations in which the Superintendent will receive the report form directly and he or she
will be responsible for making the reasonable suspicion determination such as:
A.
Where the site administrator receives the oral or written allegation and is required
to complete the report form;
B.
Where it is alleged that a child was abused by an employee or volunteer of a
school other than a school within the school district where the child attends.
C.
In addition, the Superintendent may receive an oral or written allegation of child
abuse in an educational setting from local law enforcement officials or from child
protective services. In these cases, the Superintendent would be responsible for
completing the report form and, subsequently, making the reasonable suspicion
determination.
D.
If the Superintendent finds reasonable suspicion to believe that an act of child
abuse has occurred, as defined by law, additional steps must be taken which differ
depending on the individual who has made the allegation.
1.
2.
Child makes the Allegation
a.
Promptly notify the parent of the child that an allegation of child
abuse in an educational setting has been made.
b.
Promptly provide the parent with the written statement setting
forth parental rights, responsibilities and procedures prepared in
accordance with the Commissioner’s regulations (8 NYCRR
§100.2(hh)).
c.
Promptly forward a copy of the completed report form to the
appropriate law enforcement authorities.
Parent Makes the Allegation
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3.
E.
IV.
a.
accordance with the Commissioner’s regulations (8 NYCRR
§100.2(hh)).
b.
Person other than the Parent or the Child Makes the Allegation
a.
Promptly notify the parent of the child that an allegation of child
abuse in an educational setting has been made.
b.
accordance with the Commissioner’s regulations (8NYCRR
§100.2(hh)).
c.
Ascertain from the reporting employee the source and basis for the
allegation and complete that portion of the form.
d.
In all cases where a completed report is forwarded to the appropriate law
enforcement authorities and the employee or volunteer alleged to have committed
an act of child abuse holds a certification or license issued by the Department, the
Superintendent must also refer such report to the Commissioner of Education.
Expungement
A report that does not, after investigation, result in a criminal conviction shall be
expunged from any record which may be kept by a school or school district with respect
to the subject of such a report after a period of five years from the date of the making of
such report or at such earlier time as the Board of Education determines.
V.
Penalty Provisions
The requirements set forth within the law are mandatory. Willful failure of an employee
to prepare and submit a report form as required by the law is a Class A misdemeanor.
The law also provides that a willful failure of a school building administrator or
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superintendent to forward a copy of the report form to the appropriate law enforcement
authority is a Class A misdemeanor. In addition, the Commissioner of Education can
also fine a school building administrator or a superintendent up to $5,000 for failure to
forward a copy of the completed report form to the appropriate law enforcement
authorities.
VI.
Immunity Provisions
The law provides immunity from civil liability for employees, volunteers, District site
administrators and the Superintendent if they, reasonably and in good faith make a report
of child abuse in an educational setting in the manner described in the law. The law also
provides immunity from civil liability to District site administrators and the
Superintendent, if they reasonably and in good faith forward a copy of the report form to
a person or agency as required by law and in the manner described in the law.
VII.
Confidentiality of Records
In general, the only persons authorized to receive the written report form and any related
materials are the District site administrator and the Superintendent. The law requires that
all reports, records, photographs and other material submitted remain confidential and
may not be disclosed except to law enforcement authorities involved in the criminal
investigation of child abuse in an educational setting or as expressly authorized by law or
pursuant to a court–ordered subpoena. Willful disclosure of a written record required to
be confidential, to a person not authorized to receive or review such record is a class A
misdemeanor. The law requires that the District site administrator and Superintendent
exercise reasonable care to prevent unauthorized disclosure.
VIII.
Duties of District Attorneys
A.
Where a criminal investigation is undertaken in response to a report forwarded to
the appropriate law enforcement authorities, the district attorney must notify the
District Superintendent where the acts of child abuse occurred and the
superintendent of the school district where the child attends, if different, of the
following:
1.
2.
3.
4.
an indictment;
the filing of an accusatory instrument;
the disposition of the criminal case; or,
the suspension or termination of the investigation.
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B.
IX.
X.
Where a criminal conviction is obtained for a crime involving child abuse in an
educational setting by a licensed or certified school employee, the district attorney
is required to notify the Commissioner of Education, as well as the
Superintendent if the acts of child abuse occurred at a District site and the
superintendent of the school district where the child attends, if different.
Duties of the Commissioner of Education
A.
Upon receiving notification of conviction from a district attorney, the
Commissioner of Education must begin proceedings against the convicted
individual pursuant to Part 83 of the Commissioner’s regulations to determine
whether the individual possesses good moral character. The determination may
result in additional action taken against the individual related to his or her license
or certification.
B.
The Commissioner has also issued the attached form that must be used for the
recording and transmission of allegations of child abuse in educational settings.
C.
The Commissioner and the Board of Regents also promulgated §100.2(hh)(2),
which sets forth the training requirements relating to child abuse in an educational
setting.
Unreported Resignations or Voluntary Suspensions
The law prohibits the District site administrator or Superintendent from agreeing to
withhold from the appropriate law enforcement authorities, the District Superintendent or
the Commissioner of Education, where appropriate, an allegation of child abuse in an
educational setting on the part of any employee or volunteer as required by law, in return
for the resignation or voluntary suspension of the alleged perpetrator. Violation of this
prohibition can result in a class E felony charge and a civil penalty of up to $20,000.
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NOTIFICATION OF TEACHER’S DUTY TO REPORT CHILD ABUSE IN AN
EDUCATIONAL SETTING AND IMMUNITY FROM LIABILITY
This notice is to be annually provided to teachers and other school officials pursuant to
Educational Law §3028-b to provide a written explanation of their duty to report incidents
of child abuse in an educational setting, and of their entitlement to immunity from civil
liability for making such reports in good faith.
Where an oral or written allegation is made to any teacher, administrator, school guidance
counselor, school social worker, school nurse, school psychologist, board member, and all other
school personnel required to hold a teaching or administrative license or certificate, that a school
district employee or volunteer has subjected a student to child abuse, that person must complete a
written report of such allegation (Regulation 7401.4). The author of the written report must then
personally deliver a copy of it to the site administrator where the student currently attends
school, whether or not the abuse occurred on school premises.
If the abuse occurred at school outside the District site, the report must be promptly forwarded to
both the Superintendent and to the Superintendent of the school district where the abuse
occurred.
School employees or volunteers who reasonably and in good faith make a report of child abuse
in an educational setting as set forth above have immunity from civil liability.
Approved by the Superintendent:_____
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STATEMENT OF PERSONAL DELIVERY
I,
, hereby state that I have personally delivered a copy of the
attached report of Allegation (Regulation 7401.4) of child abuse to
building principal of
at
School, on
,
, 20
am/pm.
____________________________________
Signature of Employee
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CHILD ABUSE IN AN EDUCATIONAL SETTING CONFIDENTIAL REPORT OF ALLEGATION
SUBJECT CHILD
PARENT OF SUBJECT CHILD
Name
Last
Address
First
Name
MI
Address (if different)
School
Grade
Sex (M, F, Unknown)
Age or Birthday (Mo/Day/Yr)
SOURCE OF ALLEGATION (Check as Appropriate)
 Child
 Parent
 Other - Name
__ Relationship to Child (if any)_______________
ALLEGED PERPETRATOR (EMPLOYEE OR VOLUNTEER)
Name
School District
School Building
______
_______School Position
SPECIFIC ALLEGATION
Use this space to provide information to describe or explain the circumstances surrounding the allegation.
(attach additional sheets if necessary)
REPORTER INFORMATION
Name
School Address
Relationship to Child (if any)_____________________________

 School Guidance Counselor
Teacher
 School Board Member
School District
School Telephone
 School Nurse

Administrator

School personnel required to hold teaching or administrator license or certification
Date Submitted to Administrator
 School Social Worker
____/_____/____/
Signature____________________________________
FOR ADMINISTRATOR USE ONLY
Reasonable Suspicion
_______Yes
 School Psychologist
FOR SUPERINTENDENT OF SCHOOL USE ONLY
_______No
Reasonable Suspicion
_______Yes
_______No
Date Submitted to Superintendent _____/_____/_____
Date Submitted to Law Enforcement _____/_____/_____
Name/Signature _______________________________
Name/Signature_________________________________
Date Submitted to Law Enforcement _____/_____/____
Date Submitted to Commissioner
Name/Signature ________________________________
Name/Signature_________________________________
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CHILD ABUSE IN AN EDUCATIONAL SETTING CONFIDENTIAL REPORT OF ALLEGATION
DEFINITIONS
Definitions contained in Section 1125 of Article 23-B, Title I of the Education Law
1.
2.
3.
4.
5.
6.
7.
8.
9.
“Child abuse” shall mean any of the following acts committed in an educational setting by an
employee or volunteer against a child:
a.
intentionally or recklessly inflicting physical injury, serious physical injury or death, or
b.
intentionally or recklessly engaging in conduct which creates a substantial risk of such
physical injury, serious physical injury or death, or
c.
any child sexual abuse as defined in this section, or
d.
the commission or attempted commission against a child of the crime of disseminating
indecent materials to minors pursuant to Article 235 of the Penal Law.
“Child” shall mean a person under the age of 21 years enrolled in a school district in this State, other
than a school district within a city having a population of one million or more.
“Employee” shall mean any person receiving compensation from a school district or employee of a
contracted service provider or worker placed within the school under a public assistance employment
program, pursuant to title nine-B of article five of the social services law, and consistent with the
provisions of such title for the provision of services to such district, its students or employees, directly
or through contract, whereby such services performed by such person involve direct student contact.
“Volunteer” shall mean any person, other than an employee, who provides services to a school or
school district, which involve direct student contact.
“Educational setting” shall mean the building and grounds of a public school district, the vehicles
provided by the school district for the transportation of students to and from school buildings, field
trips, co-curricular and extra-curricular activities, both on and off school district grounds, all cocurricular and extra-curricular activity sites, and any other location where direct contact between an
employee or volunteer and a child has allegedly occurred.
“Administrator” or “school administrator” shall mean a principal of a public school, charter school or
board of cooperative educational services, or other chief school officer.
“Law enforcement authorities” shall mean a municipal police department, sheriff’s department, the
division of state police or any officer thereof. Notwithstanding any other provision of law, law
enforcement authorities shall not include any child protective service or society for the prevention of
cruelty to children as such terms are defined in section four hundred twenty-three of the social
services law.
“Parent” shall mean either or both of a child’s parents or other persons legally responsible for the
child.
“Child sexual abuse” shall mean conduct prohibited by article one hundred thirty or two hundred
sixty-three of the penal law.
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I.
The Board of Education recognizes its obligation to maintain the confidentiality of
student education records and to grant parents and eligible student’s access to those
records in accordance with the Family Educational Rights and Privacy Act.
II.
The Superintendent will develop regulations to implement this Policy. The regulations
may be promulgated by the Superintendent or adopted by the Board of Education.
Legal Ref:
20 USC 1232(g) & (h).
Adopted:
______
Regulation
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I.
Purpose:
The District implements this regulation to maintain the confidentiality of student records and to
provide parents and eligible students with the opportunity to inspect and review education
records, to seek to amend education records, and to consent to the disclosure of education
records.
II.
Definitions and Designations:
A.
Records Access Officer: The District’s Records Access Officer is:
Name
Address
Telephone:
B.
Parent: The term “Parent” includes natural parent, a guardian or an individual acting as
parent or guardian in the absence of the student's parent or guardian.
C.
Eligible Student: The term “Eligible Student” means a student who has reached age 18 or
is attending post-secondary school.
D.
Education Records: The term “Education Records” includes records, files, documents
and other materials which contain information directly related to a student and are
maintained by the District or a person acting on behalf of the District.
Education Records may exist in any form, including but not limited to print, computer
media, video or audio tape, film, microfilm, microfiche and other materials which contain
confidential information directly related to a student and which are maintained by the
District or a party acting on behalf of the District. Education records do not include:
1.
Certain Records in the Sole Possession of the Maker: Records made by
instructional, supervisory, administrative personnel or ancillary educational
personnel which are in the sole possession of the maker and which are not
accessible or revealed to any other person except a substitute for the maker of the
record;
2.
Employee Records: Records maintained solely with respect to a person’s status as
an employee rather than as a student;
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E.
III.
IV.
3.
Certain Medical & Psychological Records: Medical and psychological treatment
records of an eligible student are not education records if they are maintained and
used only in connection with treatment of the eligible student and disclosed only
to individuals providing the treatment, including treatment providers in the
student’s school.
4.
Post Enrollment Records: Records that only contain information about an
individual after he/she is no longer a student at the District (for example, records
of alumni activities);
Directory Information: The District designates the following information as Directory
Information: student’s name, parent’s name, address, date and place of birth, telephone
number, email address, date and place of birth, major field of study, participation in
officially recognized activities and sports, weight and height of members of athletic
teams, dates of attendance, degrees and awards received, most recent previous
educational agency attended by student, photograph, and video images of students
engaged in routine activities when those images are not records of the district’s law
enforcement unit. Directory information will not be provided online.
Rights of Parents and Eligible Students:
A.
Each parent of a student has the rights described in this policy, unless the District has
been provided with evidence that there is a court order, statute or legally binding
document related to such matters as divorce, separation or custody that specifically
revokes these rights.
B.
When a student becomes an eligible student (18 or attending a post-secondary school) all
rights accorded to parents and consent required of parents, transfer from the parents to the
eligible student. However, the District does not require the consent of the eligible
student:
1.
To disclose the education record to the parent if the eligible student is claimed by
the parent as a dependent for tax purposes.
2.
To disclose the education record to appropriate parties in connection with a health
or safety emergency if knowledge of the information is necessary to protect the
health or safety of the student or other individuals.
3.
A school official may generally share with a parent information that is based on
that official’s personal knowledge or observation of the student.
Confidentiality of Education Records:
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A.
The District will not release education records, including personally identifiable
information contained in Education Records, except:
1.
Written Consent: The District may release the information if prior to the release
of information, the District receives written consent from the parent. The written
consent must specify the information to be released, the reason for the release and
to whom the information may be released. The District will give the parent or
student a copy of the information released, if requested by the parent.
2.
Directory Information: The District may release Directory Information if the
District has properly circulated its annual FERPA notification to parents of
students in attendance and eligible students in attendance, unless the parent or
eligible student has submitted Regulation 7500.5 restricting the District’s ability
to release this information.
3.
Military Recruiters: The District will disclose to requesting military recruiters the
names, addresses and telephone numbers of juniors and seniors, unless the parent
or eligible student has submitted Regulation 7500.5 prohibiting such release.
4.
School Officials with a legitimate educational interest: The District may release
the information to other school officials, including teachers within the District
who have a legitimate educational interest in the information. The District will
use reasonable methods to ensure that school officials have access only to the
education records in which the school officials have a legitimate educational
interest.
A school official is: A person employed by the District as an administrator,
supervisor, instructor, or support staff member, including health or medical
staff; a person elected to the School Board; a person or company employed by
or under contract to the District to perform a special task, such as an attorney,
auditor, medical consultant, or therapist; a parent or student serving on an
official committee, such as a disciplinary or grievance committee, or who is
assisting another school official in performing his or her tasks. A school
official may be a contractor, consultant, volunteer or other party to whom the
District has outsourced instructional services and functions if that individual
or entity is performing services district employees otherwise perform (is not
selling products or services), is under the direct control of the district with
respect to the use and maintenance of the education records and is restricted
from re-disclosing the education records except as permitted by FERPA.
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A school official has a legitimate educational interest if the official is:
Performing a task that is specified in his or her position description or by a
contract agreement; performing a task related to a student's education;
performing a task related to the discipline of a student; providing a service or
benefit relating to the student or student's family, such as health care,
counseling, job placement, or financial aid; or maintaining the safety and
security of the campus.
The District receives services from the Madison Oneida BOCES Regional
Information Center and it’s vendors in accordance with FERPA. A request for
a complete list of current vendors may be submitted to the Records Access
Officer.
5.
Student seeks to enroll in a different school: The District may release student
records to officials of other schools in which the student seeks or intends to enroll,
provided that the student’s parents are notified of the transfer, receive a copy of
the record if desired, and have an opportunity for a hearing to challenge the
content of the record.
6.
Certain State and Federal Officials: The District may release information to
authorized officials of the Comptroller General of the United States, the Attorney
General of the United States, the Secretary of the U.S. Department of Education
or certain State and Local Educational authorities.
7.
Financial Aid: The District may release information to appropriate parties in
connection with a student’s application for or receipt of financial aid.
8.
Authorized organizations performing studies:
The District may release
information to organizations conducting studies for or on behalf of the District to
develop, validate or administer predictive tests, administer student aid programs
or improve instruction, provided that appropriate safeguards are implemented in
accordance with federal regulations.
9.
Accrediting Organizations: The District may release information to authorized
accrediting organizations to carry out their accrediting functions.
10.
Court Order or Subpoena: The District may release information pursuant to a
valid court order or subpoena, provided that the District makes a reasonable effort
to notify the affected parent or eligible student of the court order or subpoena in
advance of the release of the information (except that in certain cases, such as in
the case of certain subpoenas issued under the U.S. Patriot Act, the court order or
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subpoena may require release of information without advance notice to the
parents).
11.
Victim of Specified Crimes: In certain instances, the District may release to the
victim of a specified crime, the final results of a disciplinary proceeding
commenced against the alleged perpetrator, provided that the release conforms to
the requirements of 34 CFR 99.39. The final results may only include the name of
the student, the offense committed and the sanction imposed by the District.
12.
Information Concerning Registered Sex Offenders: The District may release
information provided to it under 42 USC 14071 and the applicable Federal
Guidelines.
13.
Release in connection with an emergency necessary to protect health or safety:
The District may release information to appropriate parties in connection with an
emergency if the release is necessary to protect the health or safety of the student
or other persons. The District will consider the following criteria when
determining whether the information should be disclosed:
The seriousness of the threat to the health of the student or other individuals;
The need for the information to meet the emergency;
Whether the parties to whom the information is disclosed are in a position to
deal with the emergency;
The extent to which time is of the essence in dealing with the emergency.
The District will record the articulable and significant threat that formed the basis
for the disclosure and the parties to whom the information was disclosed
B.
If the District discloses student records to a third party as permitted by this policy, the
District will:
1.
Advise the third party of its duty to refrain from redisclosing the information and
of its obligation to maintain the confidentiality of the information in accordance
with the Family Educational Rights and Privacy Act.
2.
If possible, attach to the disclosed record the following statement: “This
document contains personal information from a student’s education records. It is
protected by the Family Educational Rights and Privacy Act (20 U.S.C. 1232g)
and may not be re-released without consent of the parent or eligible student.”
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V.
Requests to Inspect Education Records:
A.
Request: A parent who is interested in inspecting the student’s education record must
submit his/her request to the Records Access Officer between the hours of 9 am and 3 pm
on any school day. Requests should be submitted in writing, on a form provided by the
District (Regulation 7500.2). Copies of the form are available in the office of the
Records Access Officer. If a parent makes an oral request for access to the education
record during a school conference, the District may provide the parent access to the
education record even though it has not received the request in writing.
B.
Response: Within forty-five days of his/her receipt of a request for inspection, the
Records Access Officer will determine and will advise the person making the request
whether the records specified in the request are available for inspection.
1.
Records Available: If the records are available for inspection, the Records Access
Officer will advise the requestor when and where the record will be available for
inspection. If the records contain information about more than one student, the
Records Access Officer will remove from the copy of the records shown to the
requester, any information which in his/her judgment would constitute an
unwarranted invasion of personal privacy of any party (other than the student for
whom the inspection has been requested).
2.
Records Not Available: If the records are not available for inspection, the
Records Access Officer will note the reason for the unavailability on the request
form and will return a copy of the request form to the requesting party.
3.
Explanation of Records: The Records Access Officer will respond to reasonable
requests for explanations and interpretations of the records.
4.
Copying Fee: The fee for copies of records is twenty-five cents per page, which is
required to be paid at the time the copy is requested. The District will waive the
fee if the fee effectively denies the parent an opportunity to inspect and review the
education record.
5.
Maintaining a record of requests: The Records Access Officer shall keep with the
education record of each student, a record of all individuals, agencies or
organizations which have requested or obtained access to the student’s record
(Regulation 7500.3) and a record of all re-disclosures it has authorized.
The record will indicate the parties who requested or received the
information and the legitimate interest the party had in the information.
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The District does not have to keep this record if the requester is the parent
or eligible student, a school official with a legitimate educational interest
in the information, a party with written consent from the parent or eligible
student, a party seeking directory information, or a party seeking
information through certain subpoenas or court orders where the issuing
court or agency has ordered that the existence or the contents of the
subpoena or information not be disclosed.
VI.
Request to Amend Education Records:
A.
B.
C.
VII.
If a Parent believes the education records relating to the student contain information that
is inaccurate, misleading, or in violation of the student's rights of privacy, he or she may
ask the educational agency or institution to amend the record.
1.
The request shall be directed to the Records Access Officer during regular
business hours on the prescribed form. Copies of the form are available in the
Superintendent's office or the office of the Records Access Officer. (See
Regulation No. 7500.4).
2.
The request shall identify, in writing, the record or records which the parent
believes to be inaccurate, misleading or otherwise in violation of the student’s
rights of privacy, with a statement of the reasons for the challenge to the record.
The Records Access Officer will make a written response to the request to amend an
education record within twenty days of his/her receipt of the request. The response will
indicate whether the Records Access Officer:
1.
Finds that the record in question is inaccurate, misleading or an invasion of the
student’s rights of privacy and that the record will be amended as requested, or
2.
Finds that there is an insufficient basis to amend the record in question. If the
Records Access Officer finds that there is an insufficient basis to amend the
record in question, he/she will notify in writing the requesting party of the
opportunity for a hearing and will provide the requesting party with a form to
request the hearing.
Through informal meetings with the Parents, the settlement of a dispute regarding content
of education records is encouraged.
Request for Hearing:
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A.
Request: If a parent disagrees with the Records Access Officer’s finding that there is an
insufficient basis to amend the education record the parent may request a hearing. The
request must be submitted to the Superintendent within ten days of the parent’s receipt of
the Records Access Officer’s decision, on a form provided by the District. The hearing
will be conducted within ten days of the Superintendent’s receipt of the request for a
hearing.
B.
Notice: The District will mail a hearing notice to the requesting party reasonably in
advance of the hearing. The hearing notice will include the date, time and place of the
hearing.
C.
Hearing: The Hearing will be conducted by the Superintendent (or by another person
designated by the Superintendent who does not have a direct interest in the outcome of
the hearing). During the hearing, the requesting party may be represented by an
individual or individuals (including an attorney) at his/her own expense. The requesting
party will have a full and fair opportunity to present relevant evidence.
D.
Decision: The Superintendent (or designee) will submit a written decision within ten
days after completion of the hearing. The decision must be based solely on the evidence
presented at the hearing, and must include a summary of the evidence and the reasons for
the decision.
1.
If the Superintendent (or designee) finds that the record should be amended,
he/she will amend the record and will inform the parent of the amendment in
writing.
2.
If the Superintendent (or designee) finds that the record should not be amended,
he/she will inform the parent in writing of the right to place a statement in the
record commenting on the contested information and/or stating why he/she
disagrees with the decision of the District. The District will maintain the
statement with the contested part of the record for as long as the record is
maintained and will disclose the statement whenever it discloses the portion of the
record to which the statement relates.
VIII. Notification of Rights:
A.
The District shall annually disseminate a notice to parents and eligible students of their
rights relative to education records. The notice will allow parents at least thirty days to
ask the District not to disclose some or all of the directory information. (See Regulation
No. 7500.5).
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EDUCATION RECORDS
B.
Legal Ref:
Parents and eligible students have the right to file a complaint with the U.S. Department
of Education concerning alleged failures to comply with FERPA. Written complaints
may be filed with: The Family Policy Compliance Office, U.S. Department of Education,
400 Maryland Avenue, SW, Washington, D.C. 20202-5920.
The Federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232(g); 34 CFR
99; October 9, 2002 Joint Memorandum from Secretary of Education Rod Paige
and Secretary of Defense Donald H. Rumsfeld; February 7, 2003 Memorandum to
Superintendent’s from LeRoy S. Rooker, Director of the Family Policy Compliance
Office, US Dept. of Education.
Adopted:
_____
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7500.2
APPLICATION TO INSPECT FERPA RECORDS
To:
Student Records Access Officer
__________________________
I hereby apply to inspect the following student’s records: _________________________
(Name of Student)
I hereby apply to inspect the following records: _________________________________
________________________________________________________________________
I am the:
(
(
(
(
)
)
)
)
Natural Parent
Legal Guardian
Individual acting as parent or guardian in the absence of student’s parent or guardian
Student over 18 years of age
_____________________________________
Signature
_______________________________
Date
_____________________________________
Representing
_______________________________
Address
FOR SCHOOL DISTRICT ONLY
Approved:
_____
Denied:
_____
( )
( )
( )
Requested record cannot be found
Requested record has been destroyed
Requested record not maintained by school
_________________________
Signature
NOTICE:
___________________________
Title
______________
Date
You have a right to request correction of the content of the school records examined if you believe
such records to be inaccurate, misleading or otherwise in violation of the privacy or other rights of
the student by making a request on a prescribed form directed to the above referenced Records
Access Officer.
I hereby request a correction.
_____________________________________
Signature
______
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Date
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7500.3
STUDENT PRIVACY – RECORD OF FERPA REQUESTS
Name of Person, Agency
or Organization Seeking
Access
Date
Requested
Records
Requested
Reason for Request
______
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Access
Granted/
Denied
Disposition
of Request
Remarks
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REQUEST TO CORRECT FERPA RECORDS
To:
Student Records Access Officer
___________________________
I request a correction of the following school records related to:
____________________________
(Name of Student)
My grounds for requesting such correction are as follows:
_____________________________
Signature
_____________________
Date
_____________________________
Representing
_____________________
_____________________
Mailing Address
______
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7500.5
STUDENT PRIVACY FERPA NOTICE
Date:
Dear Parent or Eligible Student:
The Family Educational Rights and Privacy Act of 1974 (FERPA) affords parents or “eligible
students” (students who are over 18 years of age or enter a postsecondary educational institution)
certain rights with respect to the student’s education records. The purpose of this letter is to
inform you of some of those rights and to provide you with the following contact information for
the District’s Records Access Officer:
Name:
Address:
Telephone:
Examples of FERPA rights include:
1.
The right to inspect and review the student’s education records within 45 days of the day
the School receives a request for access. Written requests for such access may be
submitted to the Records Access Officer between ______________ on any school day.
Such requests should be submitted on the District’s Application for Inspection of Student
Records form that is located in the Office of the Records Access Officer.
2.
The right to request the amendment of the student’s education records that the parent or
eligible student believes is inaccurate, misleading or an invasion of the student’s privacy
rights. A request for an amendment may be submitted to the Records Access Officer
during regular business hours. Such requests should be submitted on the District’s
Request For Correction of Student Records form that is located in the Office of the
Records Access Officer. If the Records Access Officer denies a properly submitted
request for an amendment, the person seeking the amendment will be advised of his/her
right to a hearing regarding the requested amendment.
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. For example, the District may, without consent, disclose:
a.
Personally identifiable information to school officials with legitimate educational
interests. A school official is a person employed by the District as an
administrator, supervisor, instructor, or support staff member, including health or
medical staff; a person elected to the School Board; a person or company
employed by or under contract to the District to perform a special task, such as an
Page 1 of 4
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attorney, auditor, medical consultant, or therapist; a parent or student serving on
an official committee, such as a disciplinary or grievance committee, or who is
assisting another school official in performing his or her tasks. A school official
may be a contractor, consultant, volunteer or other party to whom the District has
outsourced instructional services and functions if that individual or entity is
performing services district employees otherwise perform (is not selling products
or services), is under the direct control of the district with respect to the use and
maintenance of the education records and is restricted from re-disclosing the
education records except as permitted by FERPA. A school official has a
legitimate educational interest if the official is performing a task that is specified
in his or her position description or by a contract agreement; performing a task
related to a student's education; performing a task related to the discipline of a
student; providing a service or benefit relating to the student or student's family,
such as health care, counseling, job placement, or financial aid; or maintaining the
safety and security of the campus. The District receives services from the
Madison Oneida BOCES Regional Information Center and it’s vendors in
accordance with FERPA. A request for a complete list of current vendors may be
submitted to the Records Access Officer.
b.
4.
Appropriately designated “directory information”, unless the parent or eligible
student has advised the District to the contrary by filling out and returning the
below attached Request to Limit Disclosure of Directory Information form. The
primary purpose of directory information is to allow the District to include this
type of information from the student’s education records in certain school
publications such as a playbill (showing the student’s role in a drama production),
an annual yearbook, an honor roll or other recognition list, a graduation program,
or a sports activity sheet (such as a wrestling program that discloses participants
height or weight), etc. Directory information may also be disclosed to outside
organizations such as companies that manufacture class rings or publish
yearbooks or other companies. Additionally, Federal Law requires Districts
receiving certain federal assistance to provide requesting military recruiters with
secondary school names, addresses, telephone listings and possibly other
directory information, unless parents or eligible students have advised the District
that they do not want their student’s information disclosed without prior written
consent.
The right to know that the District has designated the following information as directory
information: Directory Information: student’s name, parent’s name, address, date and
place of birth, telephone number, email address, date and place of birth, major field of
study, participation in officially recognized activities and sports, weight and height of
members of athletic teams, dates of attendance, degrees and awards received, most recent
previous educational agency attended by student, photograph, and video images of
students engaged in routine activities when those images are not records of the district’s
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law enforcement unit. If you do not want the District to disclose directory information
without your prior written consent, you must complete and return to the District the
below attached form by ____________ (insert date thirty or more days from the date of
this notice).
5.
The right to file a complaint with the following office if you believe the District has
violated your FERPA rights: Family Policy Compliance Office, US Department of
Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.
Additionally, please be aware that:
It is the District’s policy to disclose education records without consent to officials of another
school district in which a student seeks or intends to enroll, and;
IF VIDEO SURVEILLANCE IS USED
The District uses video surveillance cameras on school property and in school vehicles to
maintain the physical security and safety of the campus. The District has designated its
Security Office as its law enforcement unit and has assigned to them the responsibility of
maintaining the video surveillance images.
Sincerely,
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Request To Limit Disclosure of Directory Information
Records Access Officer
____________________
Dear Records Access Officer:
______
Please secure my written consent before releasing my child’s name, address,
telephone number and directory information to military recruiters.
Please secure my written consent before releasing the following directory
information to anyone:
______________________________________________________________________________
Parent Signature
Date of Request
For District Use Only
Request Received By
Date Request Received
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PROVIDING A SAFE PUBLIC SCHOOL CHOICE TO STUDENTS WHO HAVE BEEN
VICTIMS OF A VIOLENT CRIMINAL OFFENSE
I.
Introduction
The Unsafe School Choice Option (Section 9532 of the Elementary and Secondary
Education Act (ESEA) of 1965, as amended by the No Child Left Behind (NCLB) Act of
2001) requires that students attending a persistently dangerous public school, or students
who become victims of a violent criminal offense while in or on the grounds of a public
school that they attend, be allowed to attend a safe public school within the District
(including public charter schools) if such choice is available in that public school.
Pursuant to the Unsafe School Choice Option, New York State law and Commissioner’s
Regulations, the option of a safe public school will not be available in districts where
there are no other safe public schools within the district at the same grade level.
II.
Notification Of Parents That A Student Has Been Determined To Be The Victim Of A
Violent Criminal Offense:
A.
The Superintendent has the responsibility to determine if a student has been the
victim of a violent criminal offense.
1.
2.
1
Violent criminal offense means a crime that:
a.
Involves infliction of a serious physical injury1 upon another as
defined in the State Penal Law;
b.
A sex offense that involves forcible compulsion; or
c.
Any other offense defined in the Penal Law that involves the use or
threatened use of a deadly weapon2.
Before the Superintendent determines that a student is the victim of a
violent criminal offense, he or she must consult with any law enforcement
agency investigating the alleged violent criminal incident and consider any
reports or records provided by such agency. However, the Superintendent
may determine that a student is the victim of a violent criminal offense
Penal Law §10.00(10) defines “serious physical injury” as a “physical injury which creates a substantial risk of
death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.”
2
Penal Law §10.00(12) defines “deadly weapon” as “any loaded weapon from which a shot, readily capable of
producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum
ballistic knife, metal knuckles knife, dagger, billy, blackjack, or metal knuckles.”
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whether or not the perpetrator is charged, convicted or acquitted by a court
of law.
B.
C.
D.
3.
The Superintendent may also consult with the school district’s attorney
prior to making a determination that a student has been the victim of a
violent criminal offense.
4.
The District is also required to complete and maintain a Violent and
Disruptive Incident Report (VADIR) for each violent or disruptive
incident that occurs.
1.
Where the Superintendent determines that the student is not the victim of a
violent criminal offense, the parent of, or persons in parental relation to,
such student shall be notified of such determination.
2.
If the parent of, or persons in parental relation to, the student wish to
challenge such determination, they may file a timely appeal with the
Commissioner of Education (copy to the Superintendent).
1.
Where the Superintendent determines that the student is a victim of a
violent criminal offense, as defined above, the District shall notify the
parents of, or persons in parental relation to, such student of his or her
right to transfer to a public school within the District (including public
charter schools) and the procedures for such transfer, if such transfer is not
otherwise precluded by the NCLB Act.
2.
Notification of the right to transfer shall not be required when:
a.
there are no other public schools within the District at the same
grade level; or
b.
such transfer to a safe school is otherwise impossible.
3.
Such notice shall occur within twenty-four hours of the Superintendent’s
determination.
4.
Such notice shall be, to the extent practicable, provided in the dominant
language or mode of communication used by the parents or persons in
parental relationship to such student.
The District’s Code of Conduct has established procedures governing the
notification of law enforcement officials of code violations that constitute crimes.
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E.
III.
Notwithstanding any other provision of law to the contrary, the determination of
the Superintendent shall not have collateral estoppel effect in any student
disciplinary proceeding brought against the alleged victim or perpetrator of the
alleged offense.
Designating a Safe Public School or Schools
A.
When a student has been determined to be a victim of a violent criminal offense
that occurred on the grounds of a public elementary or secondary school that the
student attends, it shall be the responsibility of the District to designate a safe
public school or schools within the District (including public charter schools) to
which such student may transfer.
B.
However, a District is not required to designate a safe public school where there
are no other public schools within the District at the same grade level or such
transfer to a safe public school within the District is otherwise impossible; or if
the District has only one public school within the District or only one public
school at each grade level.
C.
A safe public school is defined as a public school that has not been designated by
the Commissioner of Education as a persistently dangerous public elementary or
secondary school.
D.
1.
In designating a safe public school or schools the district shall utilize
objective criteria. The District may also take into account the needs and
preferences of the affected student and parents/persons in parental relation.
2.
Such school or schools must be at the same grade level as the school from
which the student is transferring. To the extent possible, students should
be transferred to schools that are making adequate yearly progress and
have not been identified as requiring school improvement, corrective
action or restructuring.
E.
The District shall make every reasonable effort to offer the parents of, or persons
in parental relation to, a student who has been determined to be a victim of a
violent criminal offense an opportunity to transfer the child to a safe public school
within the District within ten (10) calendar days of such determination.
F.
The parent of, or persons in parental relation to, the student who has been
determined to be the victim of a violent criminal offense and who has been
offered the choice to transfer to a safe public school within the District may
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accept such transfer or elect to have the student continue at his or her present
school.
IV.
G.
A student who transfers to a safe public school pursuant to this policy shall be
enrolled in the classes and other activities of the public school in the same manner
as all other children at such school.
H.
Any student who transfers to a safe public school pursuant to this policy shall be
permitted to remain in such safe public school until the student has completed the
highest grade level in such school, or for such other period prescribed by the
United States Department of Education, whichever is less.
I.
The District shall provide transportation for any student permitted to transfer to
the safe public school with the District it has designated, within the transportation
limits established pursuant to Section 3635 of the Education Law.
Documentation
The Superintendent shall maintain appropriate documentation regarding consultations
with law enforcement officials and procedures utilized for parental notification and
student transfer.
=====================================================================
Legal Ref:
Chapter 425 of the Laws of 2002 relevant to Unsafe School Choice, Provisions of
Part 120 of the Commissioner’s Regulations relevant to Unsafe School Choice
Adopted:
_______
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INSTRUCTION
EDUCATIONAL SUPPORT MATERIALS SELECTION
I.
II.
Statement of Philosophy
A.
The Board of Education of the Central Valley Central School District is legally
responsible for the selection of instructional materials. Since the board is a policy
making body, it delegates to the professional personnel of the district the authority
for the selection of materials in accordance with this policy.
B.
“Instructional Materials” shall mean any book, or book substitute, which includes
hardcover or paperback books, workbooks or manuals which a pupil is required to
use as a text for a semester or more. All such required books will be furnished
free to all pupils attending the District’s schools.
C.
The following principles should guide the professional staff in the selection of
instructional materials, library books, periodicals, maps, globes, charts, slides, prints,
films, filmstrips, film loops, micro-films and recordings of the highest quality.
Criteria for Selection of Learning Materials
A.
Needs of the school based on knowledge of the curriculum and the existing
collection are given first consideration.
B.
Materials for purchases are considered on the basis of:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
III.
Overall purpose
Timeliness or permanence
Importance of the subject matter
Quality of the writing or production
Readability and popular appeal
Authoritativeness
Reputation of the publisher/producer
Reputation and significance of the author/artist/composer/producer, etc.
Format and price
Requests from faculty and students.
Principles for Selection of Instructional Materials
A.
Materials will be selected that will enrich and support the curriculum, taking into
consideration the varied interests, abilities and maturity levels of the pupils.
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IV.
B.
Materials will be selected that will stimulate growth in factual knowledge, literary
appreciation, aesthetic values and ethical standards.
C.
Material will be selected that will provide a background of information which
enables pupils to make intelligent judgments in their daily lives and foster attitudes
which will carry into adult life.
D.
Materials will be selected that will present opposing sides of controversial issues so
that young citizens may develop under guidance the practice of critical reading,
thinking and judgment.
E.
Materials will be selected that will be representative of the many ethnic and cultural
groups and their contributions to our society.
F.
Materials will be selected that present the many and varied aspects of our culture
and society including some aspects that may be considered to be negative.
G.
The value and impact of any literary work will be judged as a whole, taking into
account the author's intent rather than individual words, phrase or incidents out of
which it is made.
H.
Educators, remembering the maturity level of a child, may recommend for individual
reading, materials they feel will have educational significance for an individual
student.
I.
Materials should be selected to provide a comprehensive collection appropriate for
all patrons.
J.
Pursuant to Section 200.2 of the Commissioner’s Regulations, the District shall
give preference in the purchase of instructional materials to those vendors who
agree to provide such instructional materials in alternative formats for students
with disabilities.
Selection Tools
A.
Reputable, unbiased, professional prepared selection aids shall be consulted as
guides. The judgment of the professional staff must be respected as a valid source
in the selection of materials.
B.
Upon the recommendation of the Superintendent of School, the Board of
Educational shall designate the textbooks to be used.
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V.
Procedure for Reconsideration of Instructional Materials
A.
Criticisms of books or other material deemed objectionable should be brought to the
attention of the Superintendent and/or Building Principal of the building concerned
in writing. The attached request for Reconsideration of Instructional Materials form
shall be used for this criticism.
B.
The following procedures will constitute a formal reconsideration:
1.
A committee, including the librarian and Building principal, will be
designated by the Superintendent of Schools to review the involved
material.
2.
The committee will review the involved material in light of the selection
criteria noted above and make a written recommendation regarding use of
the involved material to the Superintendent of Schools.
4.
The Superintendent of Schools will review the committee's
recommendation and inform the individual or group requesting review of
the material of his/her decision.
5.
The decision of the Superintendent of Schools may be appealed, in
writing, to the Board of Education. The Board of Education will submit its
decision in writing to the person or group asking for reconsideration.
Legal Ref:
NYS Education Law Sections 701, 702 and 704; 8 NYCRR 21.1 and 21.4
Adopted:
______
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8302
INSTRUCTION
COURSES INCLUDING DISSECTION OF ANIMALS
I.
Statement of Policy
A.
Students enrolled in a course that includes the dissection of an animal shall be
given reasonable notice of that fact, and information about the student’s right
under Section 809 of the Education Law and this Policy to be excused from
witnessing or conducting animal dissection. This notice shall be distributed at the
beginning of the school year, and shall be available upon request at the school
office.
B.
Students will be excused from witnessing or conducting animal dissection if the
student:
C.
II.
1.
provides a written statement from the student’s parent or legal guardian
substantiating the fact that the student has a moral or religious objection to
witnessing or conducting animal dissection, and
2.
agrees to undertake and complete an alternative project approved by the
student’s teacher.
Students who perform alternative projects who do not perform or witness the
dissection of animals will not be penalized.
Implementation of Policy
The Superintendent of Schools shall prepare a notice that complies with the requirements
of Section 809 of the Education Law and insure that teachers are aware of this Policy and
that the notice is distributed as required.
=====================================================================
Legal Ref:
NYS Education Law Section 809(4)
Adopted:
______
Policy
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SPECIAL EDUCATION PROGRAMS AND SERVICES
I.
II.
III.
The Central Valley Central School District shall make available to all students who are
eligible under the Individuals with Disabilities Education Act (IDEA) and Article 89 of
the New York State Education Law, and implementing regulations, a free appropriate
public education in the least restrictive environment appropriate to meet individual needs.
A.
The Central Valley Central School District accepts its responsibility to ensure that
pupils with disabilities have the same opportunity to participate in district
programs including extra-curricular programs and activities, which are available
to all other pupils enrolled in the District.
B.
The Central Valley Central District, in accordance with Section 200.2(b)(4) of the
Commissioner’s Regulations, shall ensure that a continuum of alternative
placements will be available to meet the needs of students with disabilities for
special education and related services. To enable students with disabilities to be
educated with nondisabled students to the maximum extent appropriate, specially
designed instruction and supplementary services may be provided in the regular
class. Such services may include, but are not limited to, consultant teacher
services and other group or individual supplemental or direct special education
instruction.
Consistent with the requirements of federal and state laws and regulations, the Board of
Education will:
A.
Appoint a committee on special education and, as appropriate, CSE
subcommittees to assure the identification and placement of eligible students with
disabilities. The Board of Education authorizes the Superintendent to recruit and
recommend for hiring individuals who possess the certification, education and
experience necessary.
B.
Based upon the recommendation of the CSE, arrange for special education
programs within legally prescribed timeframes. Should it disagree with the
recommendation of the CSE, the Board, upon notice to the parents involved, and
in accordance with the procedures set forth in the Regulations of the
Commissioner of Education, may, forward its concerns to the CSE, or reconvene
a second CSE for review of and revisions to the original recommendations as
appropriate.
To ensure the appropriate delivery of services to students with disabilities who reside in
the District, the Superintendent shall ensure that:
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INSTRUCTION
IV.
A.
All children with disabilities residing in the New York Mills Union Free School
District including those attending private school are identified, located and
evaluated. A register of students eligible to attend the public schools or to attend
a preschool program in accordance with Section 4410 of the Education Law shall
be maintained and revised annually by the CSE or CPSE as appropriate.
B.
School wide approaches and pre-referral interventions including, but not limited
to, academic intervention services in order to remediate a student’s performance
prior to referral for special education are implemented.
C.
Personally identifiable data and information or records pertaining to students with
disabilities remain confidential as required by law and regulations.
D.
The Board shall develop and implement a plan as part of the professional
development plan pursuant to section 100.2(dd) of the Commissioner’s
Regulations. Such plan shall include, but is not limited to, a description of the
professional development activities provided to all professional staff and
supplementary school personnel who work with students with disabilities to
assure that they have the skills and knowledge necessary to meet the needs of
students with disabilities.
E.
The district plan governing the provision of special education programs and
services will provide detailed information on how appropriate space for the
provision of special education programs and services will be allocated.
The Committee on Special Education (CSE) is responsible for making recommendations
to the Board of Education regarding the identification and placement of students with
disabilities.
A.
The CSE will convene periodically in accordance with federal laws and
regulations to identify and review each student’s IEP and, if necessary, to make
further recommendations to the Board of Education.
B.
The CSE will develop strategies to ensure the successful application of a student’s
IEP and to ensure that the student’s IEP remains confidential and is not disclosed
to any person except in accordance with the Family Educational Rights and
Privacy Act and the Individuals with Disabilities Education Act, and applicable
regulations.
1.
The CSE shall ensure that each regular education teacher, special
education teacher, related service provider, and other service provider who
is responsible for the implementation of a student’s Individualized
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Education Program (IEP) is given a copy of such student’s IEP prior to the
implementation of such program.
2.
Other service providers (such as certain teachers, assistants, and support
staff persons) who will not receive a copy of the IEP, but who have direct
contact with a disabled student shall be given information of the specific
accommodations relevant to their contact with such student.
a.
V.
The Chairperson of the CSE shall designate a professional
employee of the district with knowledge of the student’s disability
and the education program to, prior to the implementation of the
student’s IEP, inform each such teacher, assistant and support staff
person of his or her responsibility relating to the implementation of
the IEP and the specific accommodations, modifications and
support that must be provided.
Parents of students with disabilities and their children shall be provided with notice of the
procedural safeguards available to them and their children. The district will use the
procedural safeguard notice prescribed by the Commissioner of Education and make the
notice available in the manner prescribed by the Commissioner’s Regulations. Students
with disabilities and their parents will be afforded the procedural safeguard rights set
forth in the notice.
=====================================================================
Legal Ref:
8 NYCRR Part 200; 34 CFR 300, 20 U.S.C. Section 14 et seq. (IDEA); 4401 et
seq., NYS Education Law; Chapter 408 of the Laws of 2002.
Cross Ref:
Programs for Students with Disabilities Under Section 504 of the Federal
Rehabilitation Act of 1973 Policy. Family Educational Rights and Privacy Act of
1974(FERPA) Policy.
Adopted:
_______
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INSTRUCTION
PREREFERRAL AND DECLASSIFICATION TEAMS
I.
II.
The Central Valley Central School District recognizes the need for a school-wide
approach to prereferral intervention in order to remediate a student’s performance prior
to referral to the Committee(s) on Special Education. In accordance with Section
200.2(b)(7) of the Commissioner’s Regulations, the District supports the establishment
of building level, multidisciplinary Child Study Teams (CST).
A.
The composition of each CST may include, but is not limited, to guidance
counselor(s), social worker(s), psychologist(s), nurse(s), speech/language
therapists, special education teacher(s), remedial teacher(s) and classroom
teacher(s). The Building Administrator or his/her designee shall serve as a
member of the team.
B.
The team will document what intervention strategies that are recommended for
implementation; and will review and consider any existing evaluation information
and services currently being provided by the District such as AIS (Academic
Intervention Services) and LEP (Limited English Proficiency) services. Written
parental consent shall be required for any assessments recommended by the
teams.
C.
The CST will develop a written plan on a form prescribed by the District. The
CST will ensure that the plan is communicated to all necessary instructional and
support staff members.
Upon declassification of a student, a referral to the CST for the review of the provision
of educational and support services shall be made. The team shall establish a timeframe
for the periodic review of each student referred to the team. It is recommended that this
review occur at least once during the year following declassification. Such review shall
incorporate consideration of continuance or modification of the educational and support
services the child is receiving.
Legal Ref:
8 NYCRR 200.2(b)(7) and (8)
Adopted:
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PROGRAMS FOR STUDENTS WITH DISABILITIES
UNDER SECTION 504 OF THE FEDERAL REHABILITATION ACT OF 1973
I.
Introduction
A.
It is the responsibility of the Central Valley Central School District to identify and
evaluate students with disabilities who, within the intent of Section 504 of the
Rehabilitation Act of 1973, need special services or programs in order that such
students may receive the required free appropriate education. A free appropriate
education consists of regular or special education and related aids and services
that are designed to meet the disabled student's needs as adequately as the needs
of nondisabled students are met. Each qualified student within the District who is
eligible to receive regular or special education or related aids or services,
regardless of the nature or severity of the condition necessitating such programs
or services, shall receive a free appropriate education in the District.
B.
For purposes of this policy, a student who may need special services or programs
within the intent of Section 504 is one who:
C.
II.
1.
Has a physical or mental impairment that substantially limits one or more
major life activities (e.g., learning); or
2.
Has a record of such impairment; or
3.
Is regarded as having such impairment.
Students may be eligible for services under the provisions of Section 504 even
though they do not require services pursuant to the Individuals with Disabilities
Education Act, 20 U.S.C. Section 1400 et seq. (IDEA) and Article 89 of the New
York Education Law and part 200 of the State Commissioner's regulations which
implement the IDEA. Students who are identified as disabled individuals with
exceptional needs, according to IDEA criteria, are not addressed under this policy.
The needs of such students are met through the Committee on Special Education
(CSE) and its policies and procedures and under the applicable state and federal
laws and regulations.
Identification and Referral Procedures
A.
Any student who needs or is believed to need special education or related services
not available through existing programs in order to receive a free appropriate
public education may be referred by the student's parent or guardian, a teacher, or
other certified school employee the designated Section 504 Committee (504
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Committee) for identification and evaluation of the student's individual education
needs.
B.
III.
1.
All decisions involving placements of children protected under
Section 504 must be made by a group of individuals, including persons
knowledgeable about the child, the meaning of the evaluation data and the
placement options.
2.
Subject to the sole discretion of the Board of Education, the CSE may be
designated as the 504 Committee.
C.
Members of the 504 Committee will be encouraged to participate in training
sessions and to provide in-service workshops so that others can be made more
knowledgeable of disabilities, needs and law and regulations in this area.
D.
The 504 Committee will consider the referral and, based upon a review of the
student's existing records, including academic, medical, social, and behavioral
records, make a decision as to whether an evaluation under this program is
appropriate. If a request for evaluation is denied, the 504 Committee will inform
the parent or guardian of this decision and of their procedural rights.
Evaluation
A.
Evaluation of the student and formulation of a plan of services will be carried out
by the 504 Committee according to the following procedures:
1.
The 504 Committee will evaluate the nature of the student's disability and
the impact of the disability upon the student's education. This evaluation
will include consideration of any behaviors that interfere with regular
participation of a student who otherwise meets the criteria (such as age)
for participation in the educational program and/or activities. It shall also
consider aptitude and achievement tests, teacher reports and
recommendations, the student's physical condition, social or cultural
background and adaptive behavior.
2.
No final determination of whether the student will or will not be identified
as disabled within the meaning of Section 504 will be made by the 504
Committee without first inviting the parent or guardian of the student to
participate in a meeting concerning such determination.
3.
A final decision will be made by the 504 Committee in writing, and the
parents or guardian of the student shall be notified of the Section 504
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procedural safeguards available to them, including the right to an impartial
hearing and review.
IV.
Plan for Services
A.
For a student who has been identified as disabled within the meaning of Section
504 and in need of special education or related aids and services, the 504
Committee shall be responsible for determining what special services are needed.
B.
In making such determination, the 504 Committee will consider all available
relevant information, drawing upon a variety of sources, including, but not limited
to, comprehensive assessments conducted by the District's professional staff
and/or the CSE.
C.
The parents or guardian will be invited to participate in 504 Committee meetings
where services for the student will be determined, and will be given an
opportunity to examine all relevant records.
D.
The 504 Committee will develop a written plan describing the disability and the
special education or related services needed. The plan will specify how the
regular or special education and related aids and services will be provided, and by
whom. The plan may also specify accommodations that are to be made for the
student within the regular education program.
E.
The 504 Committee may also determine that no special education, related services
or accommodations are appropriate. If so, the record of the 504 Committee
proceedings will reflect the identification of the student as a disabled person and
will state the basis for the decision that no special services are presently needed.
F.
A disabled student will be placed in the regular educational environment of the
District, with the use of supplementary aids and services, unless the 504
Committee demonstrates that such placement cannot be achieved satisfactorily.
The disabled student will be educated with those who are not disabled to the
maximum extent appropriate to the individual needs of the student. However,
appropriate consideration must be given to the impact of a student with a
disability on the education of other students in the general or special education
class when making placement decisions.
The 504 Committee will notify the parents or guardian in writing of its final
decision concerning the services to be provided.
G.
H.
If a plan for related services is developed, all school personnel who work with the
student will be informed of the plan.
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V.
Review of the Student's Progress
The 504 Committee will monitor the progress of the disabled student and the
effectiveness of the student's education plan annually to determine whether special
education, related services or accommodations are appropriate and necessary, and that the
disabled student's needs are being met as adequately as the needs of the nondisabled
students. Prior to any subsequent significant change in placement, a comprehensive
reevaluation of the student's needs will be conducted.
VI.
Procedural Safeguards
A.
The parents or guardian will be notified in writing of all District decisions
concerning the identification, evaluation, or educational placement of students
made under this policy.
B.
The parents or guardian will be notified that they may examine relevant records.
C.
As to such decisions by the District, the parents or guardians shall have the right
to an impartial hearing (Section 504 due process hearing). In the notification of
any District decision concerning identification, evaluation, or placement, the
parents or guardian will be advised that:
D.
1.
A request for a Section 504 due process hearing must be made in writing
and filed with the Superintendent of Schools within thirty (30) days of
notice of the determination to be reviewed.
2.
The hearing shall be held by a person to be designated by the Board of
Education.
3.
The parent or guardian shall be permitted to participate in the hearing and
shall be allowed to summon witnesses and to present other evidence on
behalf of the student.
4.
The parent or guardian shall be permitted to be represented by counsel at
the hearing.
5.
Compliance with technical rules of evidence shall not be required at the
hearing.
If a state due process hearing has been or will be held under the IDEA concerning
issues relevant to the Section 504 proceeding, a hearing officer qualified as to
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IDEA and Section 504 proceedings may preside in a joint hearing. The issues for
either IDEA or Section 504 determination shall be clearly defined at the outset,
and determinations by the hearing officer shall be separate and distinct.
E.
If both the parents or guardian and the District agree that the student is not
eligible for special education under the IDEA, neither party is required to exhaust
administrative proceedings under the IDEA prior to the holding of a Section 504
due process hearing.
F.
The hearing officer shall render a decision. The parents or guardian shall be
notified in writing of the decision. Either party may seek review of the decision
of the Section 504 hearing officer by a court of competent jurisdiction as
authorized by law.
G.
The parties abide by the decision of the Section 504 hearing officer unless the
decision is appealed to a court of competent jurisdiction and the decision is stayed
by the court.
====================================================================
Legal Ref:
Rehabilitation Act of 1973, 29 USC Section 794 et seq. (Section 504);
Memorandum NYS Education Department from Kathy Ahearn, Lawrence
Gloeckler and Arthur Walton, November 1993; Memorandum U.S. Department of
Education to Regional Civil Rights Directors from Jeanette Lim, April 29, 1993
Cross Ref:
Equal Opportunity and NonDiscrimination Policy
Adopted:
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INDEPENDENT EDUCATIONAL EVALUATIONS
I.
The Central Valley Central School District has established the following policy on
independent educational evaluations for district children with disabilities or for district
children who are referred to the Committee on Special Education because they are
suspected of having an educational disability and may, therefore, be in need of special
education.
II.
Parents of children with disabilities or suspected disabilities have the right under Federal
and State regulations to obtain an independent evaluation at public expense under certain
conditions. Regulatory standards are outlined in New York State Regulations of the
Commissioner of Education, Part 200.5 (g)(1)(i). Additionally, the Federal Regulations
(34 Code of Federal Regulations (CFR) 300.503) specify requirements for an
independent evaluation.
III.
The purpose of this policy and the ensuing regulation is to explain the rights of parents of
children with disabilities, or for children who have been referred to the Committee on
Special Education because they are suspected of having an educational disability and
being in need of special education services, of their rights to an independent educational
evaluation, and of the rights of parents and the responsibilities of the school district with
regard to independent evaluations, and to avoid any misunderstandings.
Legal Ref.:
8 NYCRR 200.1(z) & (ii); 8 NYCRR 200.5 (g): Commissioner’s Decision No.
12,822; January 2002 Filed Memorandum from Rita D. Levay, State Education
Department.
Cross Ref.:
Selection, Appointment & Compensation of Impartial Hearing Officers Policy
Adopted:
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I.
II.
III.
INTRODUCTION
A.
The Central Valley Central School District has developed a policy on Independent
Educational Evaluations in order to avoid any misunderstanding and to ensure that the
District is meeting its responsibility to the child and the parent in providing for an
independent educational evaluation where appropriate.
B.
This policy ensures that appropriate evaluation information provided by parents is
given meaningful consideration in the process of an Individualized Education
Program (IEP) development.
DEFINITIONS
A.
An “individual evaluation” means any procedures, tests, or assessments, including
observations, given individually to a child to determine whether the child has a
disability and/or to identify the child’s special education needs.
B.
An “Independent Educational Evaluation” means a procedure, test, or assessment
conducted by a qualified examiner who is not employed by the District that is
responsible for the education of the student.
C.
The term “parent” means a parent, guardian or other person statutorily entitled to the
privileges outlined by 8 NYCRR 200.5 (g).
D.
“Public expense” means that the District shall either pay for the cost of the
independent educational evaluation or ensure that the independent educational
evaluation is otherwise provided at no cost to the parent, provided that the cost of the
independent educational evaluation does not exceed the monetary amount established
by the District.
A.
If requested by the parent, the District will provide to parents information about where
an independent educational evaluation may be obtained, the District’s criteria under
which the evaluation is to be obtained (including the location of the evaluation and
the qualifications of the evaluator), and the District’s remaining criteria applicable for
independent educational evaluations, including the District’s procedures for
requesting reimbursement for the cost of an independent educational evaluation.
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INDEPENDENT EDUCATIONAL EVALUATION
IV.
V.
B.
A parent has the right to obtain their own independent educational evaluation for their
child at their own expense. A parent does not have the right to an independent
educational evaluation at the expense of the District if the District has not first
conducted and completed its own evaluation of a child.
C.
An independent educational evaluation must be performed under the same criteria for
evaluation procedures used by the District in its own individual evaluations.
PUBLIC EXPENSE
A.
Public expense means that the School District either pays for the cost of the
independent educational evaluation, provided that the cost does not exceed the
monetary limits established in this regulation by the District. Where parents have
insurance that will cover part or all of the cost of the evaluation, they are encouraged
to submit a claim for payment of the evaluation to their insurer. The District will pay
any deductible or co-pay for the evaluation upon receipt of proof of that amount and a
completed copy of the evaluation report.
B.
The School District has established reasonable limits for the independent evaluators
that do not exceed the costs which the School District would be required to pay its
own employees.
REQUEST FOR AN INDEPENDENT EDUCATIONAL EVALUATION
A.
If a parent disagrees with the results of an individual evaluation obtained by the
District, the parent has the right to request an independent educational evaluation at
public expense.
B.
If the parent wishes to obtain the District’s agreement to pay for an independent
educational evaluation prior to the independent evaluation being conducted, the
parent must submit a written request to the District requesting that the District fund
the independent educational evaluation, within ninety (90) calendar days from the
date
of
receipt
of
the
District’s
evaluation.
C.
Requests for reimbursement for the costs of an independent educational evaluation
already obtained by the parent must be submitted within thirty (30) calendar days
from the date of receipt of the results of the independent educational evaluation, in
order to be considered. The District may not refuse to reimburse a parent for the
reasonable costs not to exceed the monetary limits established in this regulation of an
independent educational evaluation that the parent has already obtained, solely
because the parent did not notify the District prior to obtaining the independent
educational evaluation.
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VI.
D.
The District will, without unnecessary delay, either ensure that an independent
educational evaluation is provided at public expense, or initiate an impartial hearing
to show that the District’s evaluation is appropriate and that it does not intend to pay
for the evaluation requested by a parent.
E.
The District may ask for the parent’s reason why the parent objects to the individual
evaluation. A parent need not provide an explanation for his/her objection to the
individual evaluation. Additionally, the parent’s explanation or lack of explanation
will not be a reason for the District to unreasonably delay either providing an
independent educational evaluation at public expense or initiating an impartial
hearing to defend the District’s evaluation.
F.
The District may initiate an impartial hearing if it believes its individual evaluation is
appropriate and objects to the payment for an additional evaluation requested by the
parent. If the District should choose to deny payment for an independent educational
evaluation already performed on behalf of the child, or chooses to controvert a
parent’s request for an independent educational evaluation to be performed at public
expense, the District shall notify the parent in writing of its reasons for the denial, and
of its intent to initiate an impartial hearing.
G.
If the Impartial Hearing Officer requests an independent educational evaluation as
part of a hearing, the cost of the independent educational evaluation shall be at the
District expense.
H.
The Impartial Hearing Officer shall determine if the District’s own evaluation is
appropriate or not. If the Impartial Hearing Officer determines that the parent is
entitled to an independent educational evaluation at the District expense, the District
shall be responsible for the full costs of the independent educational evaluation
evaluation. If the hearing officer determines that the District’s evaluation is
appropriate, the parent has a right to an independent educational evaluation, but not at
public expense.
RESPONSIBILITIES
A.
When an independent educational evaluation is requested and approved by the
District and an evaluator is selected by the parent, it becomes the responsibility of the
evaluator chosen by the parent to contact and make arrangements with the District, to
be confirmed in writing, the services to be performed, the cost involved, the method
of payment, dates of classroom visitation and discussions with District staff, and a
date when a written report will be submitted.
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VII.
VIII.
INDEPENDENT EDUCATIONAL EVALUATIONS PROVIDED FOR AT PUBLIC
EXPENSE
A.
When an independent educational evaluation is obtained at public expense, the
criteria under which the independent educational evaluation is obtained must be the
same as the criteria that the District uses when it initiates an independent evaluation
(to the extent those criteria are consistent with the parent’s right to an independent
educational evaluation).
B.
The District may not impose conditions other than those outlined by this Regulation
or otherwise permitted by law.
C.
The District has established a comprehensive list of qualified individuals in private
practice or employees of other public agencies who meet the District’s location and
qualification criteria to whom parents may go to secure an independent evaluation.
This list will be provided to parents upon request. A parent may, however, select an
evaluator of their own choosing, as long as the evaluator meets the District’s
geographic, qualification and reasonable cost criteria.
D.
The following criteria are applicable to District initiated evaluations and to parent
initiated independent educational evaluations that are publicly funded:
1.
The maximum fee allowable for a test is $_______.
2.
Tests may take place within the following geographical specifications: Within
a 50 mile radius of the boundaries of the school district.
3.
New York State certification or licensure is required of all evaluators.
E.
The fee amounts set forth in this policy are consistent with those amounts which the
District would pay when scheduling its own individual evaluations.
F.
The District shall periodically update its list of independent educational evaluators.
USE OF THE INDEPENDENT EDUCATIONAL EVALUATION IN THE REVIEW
PROCESS
A.
The results of an individual evaluation report must be shared with the child’s parent,
along with copies of documentation of determination of eligibility. Parents of
preschool children must also be provided a copy of the summary report of any
evaluation performed.
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IX.
B.
The results of an independent educational evaluation must be considered by the
District as part of its review of a child’s entitlement to special educational needs, and
the development of the child’s Individualized Educational Program (IEP), if
appropriate.
C.
The results of an independent educational evaluation may be presented as evidence at
an impartial hearing regarding a child.
FURTHER INFORMATION
The District has developed a policy and regulations governing independent educational
evaluations in order to avoid any misunderstanding as to a parent’s entitlement to and the
process for obtaining an independent educational evaluation. Parents can obtain further
information on independent educational evaluations by contacting the Chairperson of the
Committee on Special Education (CSE) or the Chairperson of the Committee on Pre-School
Special Education (CPSE) for the District at 315-768-3378. The parent may also wish to
contact the Office for Special Education Services for the NYS Department of Education at
NYS Education Department, Special Education Quality Assurance, State Tower Building,
109 Warren Street, Syracuse, New York 13202, at (315) 471-4796, and speak to a Regional
Associate. Additional information may further be obtained from a booklet published by the
NYS Department of Education entitled: A Parent’s Guide to Special Education: Your
Child’s Right to an Education in New York State. This publication may be obtained either by
calling the NYS Department of Education, or at:
http://www.vesid.nysed.gov/specialed/publications/policy/parentguide.htm.
Legal Ref:
8 NYCRR 200.1(z) & (ii); 8 NYCRR 200.5(g); Commissioner’s Decision No.
12,822; January 2002 Field Memorandum From Rita D. Levay, State Education
Department.
Cross Ref:
Selection, Appointment & Compensation of Impartial Hearing Officers Policy
Adopted:
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PRESCHOOL SPECIAL EDUCATION
I.
The Board of Education recognizes its responsibility in ensuring that all resident
preschool children with disabilities have the opportunity to participate in special
programs and services from which they may benefit.
II.
The Board of Education authorizes the Superintendent of Schools to establish
administrative practices and procedures to carry out the responsibility of providing
preschool children with disabilities the opportunity to participate in special programs and
services. Such administrative practices and procedures shall include:
III.
A.
Locating and identifying all preschool children with disabilities pursuant to the
relevant provisions of the Education Law. The register of children eligible to
attend a preschool program is to be maintained and revised annually by the
Committee on Preschool Special Education (CPSE);
B.
Ensuring that the parent(s)/guardian(s) of preschool age children with disabilities
have received and understand the request for consent for evaluation of their child;
C.
Developing an individualized education program (IEP) for each preschool age
child with a disability;
D.
Appointing and training appropriately qualified personnel including the members
of a CPSE;
E.
Maintaining lists of impartial hearing officers and of State Education Departmentapproved special education programs within the county and adjoining counties in
which the district is located; and
F.
Reporting to the State Education Department the number of children with
disabilities that are being served, as well as those not served.
A.
The Board of Education hereby establishes the CPSE as required under the
Education Law. Its responsibilities will include the evaluation and
recommendation for placement in appropriate approved programs and the
provision of appropriate special education programs and services for each
preschool child with a disability. The CPSE shall review, at least annually, the
status of each preschool child with a disability.
B.
It is ultimately the responsibility of the Board to arrange for the appropriate
approved preschool program and services for the district children. Should the
Board disagree with the CPSE’s recommendations, it shall send the
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PRESCHOOL SPECIAL EDUCATION
recommendation back to the CPSE so that they may schedule a timely meeting to
review the Board’s concerns and to revise the IEP as deemed appropriate.
C.
Placement may be appealed by a parent/guardian to an impartial hearing officer,
appointed by the Board. Mediation shall be offered to such parents/guardians to
resolve complaints regarding the education of preschool children with disabilities
at the same time notice of the availability of an impartial hearing is provided.
D.
The CPSE shall make an annual report on the status of each preschool child with
a disability and report on the adequacy of preschool special education programs
and services to the Board.
IV.
The Board directs the Superintendent to ensure that the district considers that adequate
and appropriate space is made available for such programs and services.
V.
The Boards directs the Superintendent to develop and maintain a plan which incorporates
information concerning the provision of services for preschool children with disabilities,
pursuant to the Regulations of the Commissioner of Education.
Legal Ref:
Section 4410, New York State Education Law; Commissioner’s Regulations
200.1(nn), 200.2 200.3, 20016(e)(3)(i)
Adopted:
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SELECTION, APPOINTMENT AND COMPENSATION
OF IMPARTIAL HEARING OFFICERS
I.
II.
III.
The Central Valley Central School District is committed to providing a free and appropriate
education to all of its students. The District therefore will appoint an impartial due process
hearing officer (IHO) to review the identification, evaluation, or placement of any student who is
disabled:
A.
If the District believes an impartial due process hearing is necessary to secure an
appropriate identification, evaluation or placement and the District has fully exhausted its
statutory and/or regulatory responsibilities with respect to securing parental consent.
B.
If the student's parent/guardian submits a written request for an impartial due process
hearing.
C.
If the District fails to effectuate, within the mandated timelines, a recommendation issued
by the Committee on Special Education and the student's parent/guardian submits a written
request for an impartial due process hearing.
An expedited impartial due process hearing related to the discipline of a student with a disability
may be requested:
A.
By the District to obtain an order placing a student with a disability in an interim
alternative educational setting when school personnel maintain that it is dangerous for the
student to be in his or her current educational placement. (The District’s request for an
expedited hearing may or may not be pending the outcome of a non-expedited hearing).
B.
By a parent/guardian who requests an impartial due process hearing from a determination
that the student’s behavior was not a manifestation of the student’s disability.
C.
By a parent/guardian relating to any decision regarding a disciplinary change in placement,
including but not limited to any decision to place the student in an interim alternative
educational setting.
The Superintendent will develop regulations to ensure the fair and efficient selection of IHOs.
Legal Ref:
Section 4404 of the New York State Education Law; 8 NYCRR 200.1(x), 200.2(b)(9),
200.2(e)(1), 200.5(i)(3)(xiv), 200.5, 200.21; SRO 93-47; SED July 1998 Memorandum.
Adopted:
_____
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I.
II.
The Central Valley Central School District will ensure the fair and efficient selection and
appointment of impartial hearing officers (IHOs):
A.
By utilizing and maintaining the district-specific list for Impartial Hearing
Officers as maintained by the NYS Education Department’s Impartial Hearing
Reporting System (IHRS) pursuant to Part 200.1(x) and Part 200.2(e)(1) of the
Commissioner's Regulations.
B.
By granting the Superintendent (or designee) the authority to conditionally
appoint an IHO who has been selected according to the procedures set forth in this
policy and arranging for Board approval of the conditional appointment at the first
regular Board meeting following the conditional appointment.
C.
By reporting information related to the impartial hearing process, including but
not limited to the request for initiation and completion of each impartial hearing
to VESID in a format and at an interval prescribed by the Commissioner.
D.
By directing all employees to promptly forward to the Board of Education any
parent’s request for an impartial hearing.
E.
By maintaining the confidentiality of the information contained in impartial
hearing requests and impartial hearings.
Initiating A Hearing:
A.
If the District initiates the impartial hearing, it will provide the parent with prior
written notice that it intends to initiate the impartial hearing. Prior notice includes
a statement of the action proposed and any explanation of why the district
proposes to take the action.
B.
If a parent submits a written request for an impartial hearing, the request should
include the name and address of the student, the name of the school the student is
attending, a description of the nature of the problem of the student relating to the
proposed or refused initiation or change (including facts related to the problem)
and a proposed resolution of the problem to the extent known and available to the
parents at the time.
1.
The Superintendent (or designee) will make sure that the parent’s request
is date-stamped on the first business day that the parent’s request is
received by the District.
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III.
2.
The District may not deny or delay a parent’s right to an impartial hearing
on the grounds that the parent’s written request for the hearing does not
include required information.
3.
The District will continue to process the request until the parent revokes
the request in writing.
After the District determines the need for an impartial hearing or receives a parental
request for an impartial hearing:
A.
The Superintendent (or designee) will notify the affected student's parent of the
availability of mediation and of free (or low cost) legal and other relevant services
available in the area. The Superintendent (or designee) also will provide the
parent with a copy of the District’s Procedural Safeguard Notice.
B.
The District should encourage the parents to consider mediation to resolve the
disagreement. However, the District cannot delay initiating the impartial hearing
once a written request for the hearing is received and the District will continue to
process a parent’s hearing request until parent revokes the request in writing.
C.
The District will, within two business days of the day the District determines the
need for an impartial hearing or receives a parental request for an impartial
hearing, initiate the rotational selection process for appointing an IHO pursuant to
Part 200.2(e)(1) and Part 200.5(i) of the Commissioner's regulations and the
following procedure:
1.
The Superintendent (or designee) will first contact the IHO whose name
appears at the top of the alphabetical list, or if an IHO previously has been
appointed to preside over any other matter, the Superintendent (or
designee) will first contact the IHO whose name immediately follows the
IHO last appointed.
2.
The Superintendent (or designee) will ask any IHO who is contacted
whether he/she can convene a hearing within 14 calendar days and can
conclude the hearing (unless either party has requested and has been
granted an extension) within 45 calendar days (or 30 calendar days for
preschool students or 15 calendar days for expedited hearings). If the
hearing officer is unable to convene a hearing within these timelines,
he/she will be deemed unavailable to serve and the District will proceed
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with the rotational selection process by contacting the IHO whose name
next appears on the alphabetical list.
D.
E.
IV.
3.
An IHO who has not responded or remains unreachable after at least two
reasonable and independently verifiable efforts to contact him/her within a
twenty-four hour period will be deemed unavailable to serve and the
District will proceed with the rotational selection process by contacting the
IHO whose name next appears on the alphabetical list. (See SED's July
1998 Memorandum).
Examples of reasonable and independently
verifiable efforts include facsimile, electronic mail, certified overnight
mail and telephone contacts that are recorded and confirmed in writing.
4.
The District may seek to expedite the selection process by simultaneously
contacting and checking the availability of multiple hearing officers,
provided that the District’s ultimate selection accords with the rotational
selection process detailed in this policy and in the Commissioner’s
Regulations.
The Superintendent (or designee) will contemporaneously document and maintain
records of all efforts to contact each IHO.
1.
This documentation will include phone log entries and/or overnight mail
receipts, recording dates, times, substance of conversations and/or
messages and responses from IHOs.
2.
This documentation also will include the entry of all required data onto the
State Education Department’s web based reporting system. The District
will commence web based reporting as soon as the Board of Education
receives a request for an impartial hearing.
3.
The above-described documentation will be completed for every request
for an impartial hearing.
The Board of Education or its designee will appoint the IHO as soon as he/she has
been selected.
After the IHO has been appointed, the District will provide the IHO with a letter of
appointment, a copy of the District’s notice to the parent that describes the need for a
hearing (or a copy of the parent’s written request for a hearing), contact information for
the parties and a copy of the District’s policy on compensation for the IHO.
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V.
If, by mutual agreement of the parties, the IHO is deemed incapacitated or otherwise
unavailable or unwilling to continue the hearing or issue the decision, the Board of
Education will rescind the appointment of the IHO and appoint a new IHO in accordance
with the procedures established by law and summarized by this policy.
VI.
Compensation and Reimbursement of Costs:
A.
Reimbursement for services:
1.
At the conclusion of the impartial hearing, the IHO shall submit to the
District an itemized record describing each service performed and the time
required to perform each service. An IHO will not receive reimbursement
for services before the itemized record is submitted to the District.
2.
The following activities associated with impartial hearings are
reimbursable:
a.
Pre-hearing activities such as scheduling the hearing and
determining the location, conducting pre-hearing conference calls,
arranging for interpreters, witnesses, subpoenas and a stenographer
a stenographer and writing letters to the parties involved in the
hearing.
b.
Hearing activities such as conducting the hearing, handling
settlement agreements placed on the record and arranging for
subsequent hearing dates.
Post-hearing activities such as researching information pertinent to
the hearing issue(s) and writing the decision.
c.
3.
B.
The rate of reimbursement for the above listed activities shall be $75.00
per hour.
Reimbursement for out-of-pocket necessary expenses:
1.
The IHO shall submit receipts for out-of-pocket necessary expenses to the
District before receiving reimbursement for such expenses.
2.
The following out-of-pocket necessary expenses are reimbursable:
a.
Mileage at the IRS rate.
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INSTRUCTION
C.
D.
b.
The cost of highway tolls.
c.
The cost of reasonable overnight accommodations and reasonable
meal expenses when the hearing dates are scheduled for two or
more continuous dates and the IHO would otherwise be required to
travel ninety or more miles between his/her residence and the
hearing location.
Cancellation or Re-scheduling fees: The District shall attempt to provide an IHO
with two (2) or more business days' advance notice of the cancellation or rescheduling of an impartial hearing.
1.
Should the District request the cancellation or re-scheduling of an
impartial hearing and fail to provide an impartial hearing officer with two
(2) business days of notice, the District agrees to pay the IHO a fee of
$______.
2.
The District shall not be responsible for costs associated with a
parent/legal guardian's cancellation or adjournment of a hearing.
Payment for Expedited Transcripts: The District shall not pay for an expedited
transcript of a hearing unless the IHO determines that an expedited transcript is
required for the IHO to fulfill his/her duties.
Legal Ref:
Section 4404 of the New York State Education Law; 8 NYCRR 200.1(x),
200.2(b)(9), 200.2(e)(1), 200.5(i)(3)(xiv), 200.5, 200.21; SRO 93-47; SED July
1998 Memorandum.
Adopted:
______
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Policy
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8600
INSTRUCTIONAL
ACCOMMODATION OF HEARING-IMPAIRED PARENTS
I.
The District provides parents of and persons in parental relation to, District-enrolled
students many opportunities to participate in their child’s educational program. If the
parent, or person in parental relation, is hearing impaired, the District provides interpreter
services (American Sign Language) to facilitate that person’s participation in school
initiated meetings or activities specific to the academic or disciplinary aspects of the
student’s educational program. This service is provided at no cost to the parent, or
person in parental relation. If an interpreter is not available, the District will make other
reasonable accommodation of the hearing impairment, such as written communication,
transcripts, decoder, or Telecommunication Device for the Deaf (TDD), also at no cost to
the parent or person in parental relation.
II.
Definitions
III.
A.
School initiated meetings or activities include, but are not limited to, parentteacher conferences, instructional support team meetings, planning meetings with
school counselors regarding educational progress and career planning, and
suspension hearings or any conferences with school officials relating to
disciplinary action. The term does not include voluntary extra-curricular
activities.
B.
Hearing impaired means any hearing impairment, whether permanent or
fluctuating hearing impairment which prevents meaningful participation in school
district meetings or activities.
Procedure
A.
Request: Parent(s) or person(s) in parental relation who are hearing impaired must
request the services of an interpreter, or reasonable accommodation, in writing.
The request must be submitted to the_______________________(example
Chairperson, Committee on Special Education). The request must be received
by the ________________at least _________ calendar days prior to the meeting
or activity at which the services are desired. The request must specify the name
of the student and the parent(s) or person(s) in parental relation, and the nature,
date and time of the school function.
B.
District Response: The District will provide a written response to each request for
interpreter services.
C.
Appeal of District Response: If the parent, or person in parental relation, is not
satisfied with the District’s response to the request for services, the parent, or
person in parental relation, may seek a different decision by taking these steps:
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ACCOMMODATION OF HEARING-IMPAIRED PARENTS
IV.
1.
an informal conference with the Superintendent and other appropriate
personnel;
2.
file of appeal form (Regulation 8600.2) with District office;
3.
a formal conference with and action by the Superintendent;
4.
an opportunity to present their complaint to the Board at a regularly
scheduled meeting;
5.
an explanation of the process by which parent(s) and person(s) in parental
relation may appeal the Board’s decision to the Commissioner of
Education.
Superintendent Responsibilities
In addition to the roles described above, the Superintendent shall:
A.
Annually arrange for the notification of parent(s) or person(s) in parental relation
who are hearing impaired of the availability of interpreters or other effective
reasonable accommodations and of the time limitation for requesting these
services.
B.
Determine whether a list of qualified interpreters shall be maintained by the
District or if service arrangements will be made through an interpreter referral
service.
Legal Ref.:
Section 504 of the Rehabilitation Act; Rothschild v. Grottenthaler, 907 F. 2d 286
C.A.2 (N.Y.), 1990; NYS Education Law Section 3230; 8 NYCRR 100.2 and
200.1.
Adopted:
______
Page 2 of 2
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INSTRUCTION
8600.1
ACCOMMODATION OF HEARING-IMPAIRED PARENTS REQUEST FORM
ACCOMMODATION REQUEST
Parents in need of interpreter services are asked to complete this form. All requests must be
submitted to and received by the District within ______(fill in # of days) calendar days prior to the
scheduled meeting or activity.
To:
__________________________(Example: Chairperson, Committee on Special Education)
District
From:_________________________________________________________________
Name of Parent or Person in Parental Relation
_________________________________________________________________
Name of Student
_________________________________________________________________
Address
_________________________________________________________________
_________________________________________________________________
Please specify the nature, date, time of the meeting and/or activity:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Please identify the type of interpreter needed:
____Interpreter for the Hearing Impaired: ( )American Sign; ( )English
In the event an interpreter is not available, please identify the type of alternative service preferred:
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___Written Communication
___Transcripts
___Decoder
___Telecommunication Device for the Deaf (TDD)
___Other (please specify) ________________________________________________
________________________________
Signature
______________
Date
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INSTRUCTION
FROM:
TO:
_______________(Example: Chairperson, Committee on Special Education)
District
_________________________________________________________________
Name
_________________________________________________________________
Address
_________________________________________________________________
The District hereby:
___
grants your request for provision of an interpreter for the hearing impaired
___
denies your request for provision of an interpreter for the hearing impaired for the following
reason:
_________________________________________________________________
_________________________________________________________________
___
provides the following alternative reasonable accommodation:
_________________________________________________________________
_________________________________________________________________
Page 3 of 3
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INSTRUCTION
8600.2
ACCOMMODATION OF HEARING-IMPAIRED PARENTS NOTICE
NOTICE:
You Have A Right To Appeal The Decision Regarding Special Services Described In This
Communication To The Following School Officer:
Superintendent of Schools
District
I hereby appeal __________________________________________________________
Signature
Date
NOTE: Upon denial by the Superintendent/Board of Education, parents have the right to file an
appeal with the Commissioner of Education (as per Section 310 of the Education Law). Such
appeal must be filed within thirty (30) days of the final action by the Board. Information regarding
such appeal is available at district offices.
Page 1 of 1
Policy
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8601
INSTRUCTION
PARENTAL INVOLVEMENT IN TITLE I PROGRAMS
I.
II.
III.
Introduction
A.
The Central Valley Central School District recognizes that the purpose of Title I
funding is to improve the educational opportunities of educationally deprived
children. The District therefore shall use Title I resources to help educationally
deprived children succeed in regular district programs, attain grade level
proficiency, and improve achievement in basic and advanced skills.
B.
The District also recognizes the importance of a parent’s active participation in
the education of his/her child. The District therefore shall involve parents of
eligible children in the development and implementation of innovative programs
and activities to ensure the delivery of appropriate educational services to eligible
students.
C.
The purpose of this policy is to establish the District’s expectations for parental
involvement in Title I programs.
Definitions: For the purposes of this policy:
A.
The terms “student” and “child” shall mean a student eligible for Title I services
in the District.
B.
Except where specifically noted in this policy, the term “parent” shall mean the
parent/guardian of a student who is eligible for Title I services in the District.
District Obligations:
A.
The District will:
1.
Convene and invite parents to an annual Title I meeting.
2.
At the beginning of each school year, notify the parents of each student
attending a school which receives Title I money (even if their child is not
in a Title I program) of their right to request and receive information
regarding the following credentials of the professionals providing
educational services to their children:
a.
Whether their child’s teacher is certified for the grade levels and
subject areas in which the teacher provides instruction (or whether
the teacher is providing instruction under an exception to such
qualifications).
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3.
b.
The relevant teacher’s academic credentials and baccalaureate
degree major.
c.
The relevant classroom teacher’s graduate certification (or degree)
and the field of discipline of such certification (or degree).
d.
Whether the child is receiving services from paraprofessionals and,
if so, the qualifications of those paraprofessionals.
Involve parents in the joint development of:
a.
The District’s Consolidated Plan for ESEA funds (20 USCA 6212;
Section 1112 of the NCLBA). If the plan is not satisfactory to
parents, the District will submit any parent comments to the State
when the District submits its plan to the State.
b.
The
process
of
using
local
academic
assessment
standards/indicators (20 USCA 6316; Section 1116 of the
NCLBA).
c.
School-wide specifically designed program(s) to address academic
needs of low-income students (20 USCA 6314; Section 1114(b)(2)
of the NCLBA). If the program(s) are not satisfactory to parents,
the school will submit any parent comments on the program(s)
when the school makes the program(s) available to the District.
4.
Provide the coordination, technical assistance and other support necessary
to assist participating schools in planning and implementing effective
parent involvement activities to improve student academic achievement
and school performance.
5.
Build the schools’ and parents’ capacity for strong parental involvement.
6.
Coordinate and integrate parental involvement strategies in Title I
programs with parental involvement strategies under other programs (such
as Head Start, Reading First, Early Reading First, Even Start, Parents as
Teachers, Home Instruction for Preschool Youngsters, and State-run
preschool programs).
7.
Conduct, with the involvement of parents, an annual survey and/or
evaluation of the content and effectiveness of the parental involvement
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policy in improving the academic quality of schools receiving Title I
funding.
B.
a.
The District will identify barriers to greater participation by
parents in Title I activities.
b.
The District will design or revise strategies to overcome such
barriers.
c.
When designing or revising strategies to overcome such barriers,
the District will pay particular attention to barriers faced by parents
who are economically disadvantaged, are disabled, have limited
English proficiency, have limited literacy, or of any racial or ethnic
minority background.
8.
Involve parents in the activities of Title I schools and programs.
9.
Jointly develop with parents the school-parent compact described by this
policy.
10.
Provide other reasonable support for parental involvement activities as
parents may request.
The District may:
1.
Use Title I funds to provide transportation, childcare, or home visits as
such services relate to parental involvement.
2.
Involve parents in the development of training for teachers, principals and
other educators to improve the effectiveness of such training.
Provide necessary literacy training from Title I funds if the District has
exhausted all other reasonably available sources of funding for such
training.
3.
4.
Pay reasonable and necessary expenses associated with local parental
involvement activities, including transportation and childcare costs, to
enable parents to participate in school-related meetings and training
sessions.
5.
Train parents to enhance the involvement of other parents.
6.
Arrange school meetings at a variety of times, or conduct in-home
conferences between teachers or other educators, who work directly with
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children, with parents who are unable to attend such conferences at school,
in order to maximize parental involvement and participation.
IV.
7.
Adopt and implement model approaches to improving parental
involvement.
8.
Establish a district-wide parent advisory council to provide advice on all
matters related to parental involvement in Title I programs.
9.
Develop appropriate roles for community-based organizations and
businesses in parent involvement activities.
Partnership With Parents:
A.
The District believes parents should be partners in their child’s education. A
parent’s active and meaningful participation in his/her child’s education increases
the child’s potential for educational success.
B.
To promote meaningful parental involvement, the District encourages parents:
C.
1.
To attend and actively participate in the District’s annual Title I meeting.
2.
To act as consultants who assist the District in completing periodic Title I
grant applications.
3.
To assess and if necessary, help the District develop or revise its Title I
programs.
4.
To play an integral role in their child’s learning.
5.
To periodically assess and, if necessary, help the District revise this
policy.
6.
To otherwise become active and full partners in their child’s education.
The District will fulfill its Parental Involvement obligations by:
1.
Offering a flexible number of meetings, such as meetings in the morning
or evening.
2.
Involving parents in an organized, ongoing and timely way, in the
planning, review, and improvement of Title I programs, including the
planning review and improvement of this policy.
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3.
Providing parents with timely information about Title I Programs.
4.
Providing parents with a description and explanation of the curriculum in
use at the school, the forms of academic assessment used to measure
student progress, and the proficiency levels students are expected to meet.
5.
Providing requesting parents with opportunities for regular meetings to
formulate suggestions and to participate, as appropriate, in decisions
relating to the education of their children, and to respond to any such
suggestions as soon as practicably possible.
6.
Responding to suggestions made by parents as soon as practicably
possible.
7.
Building capacity for parental involvement by:
a.
Providing assistance to parents, as appropriate, in understanding
such topics as the State’s academic content standards, State and
local academic assessments, Title I requirements, and how to
monitor a child’s progress and work with educators to improve the
achievement of their children.
b.
Providing materials and training to help parents work with their
children to improve their children’s achievement.
c.
Educating teachers, pupil services personnel, principals and other
staff:
d.
i.
About the value and utility of parental contributions to
education.
ii.
So that they may develop skills to reach out to,
communicate and work with parents as equal partners.
iii.
So that they may implement and coordinate parent
programs and work to build ties between parents and the
school.
Coordinating and integrating, to the extent feasible and
appropriate, parental involvement programs and activities with
Head Start, Reading First, Early Reading First, Even Start, the
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Home Instruction Programs for Preschool Youngsters, the Parents
as Teachers Program, and public preschool and other programs.
V.
e.
Conducting other activities, such as parent resource centers, which
encourage and support parents in more fully participating in the
education of their children.
f.
Ensuring that information related to school and parent programs,
meetings, and other activities is sent to the parents of participating
children in a format and, to the extent practicable, in a language the
parents can understand.
8.
Developing jointly with parents innovative programs, activities and
procedures that have the goals and objectives outlined by this policy.
9.
Informing parents of the reasons their children are participating in the
program and of the specific instructional objectives and methods of the
program.
10.
Supporting the efforts of parents, and train parents, to the maximum extent
practicable to:
a.
Work with their children in the home to attain the instructional
objectives of the program.
b.
Understand the program’s requirements.
11.
Providing, to the extent practicable, opportunities for the participation of
parents with limited English proficiency, parents with disabilities, and
parents of migratory children.
12.
Providing information and school reports required under section 1111 of
the No Child Left Behind Act in a format and, to the extent practicable, in
a language such parents understand.
13.
Informing parents and parental organizations of the existence and purpose
of any parental resource centers available to provide training, information
or support to parents.
14.
Scheduling student conference between parents and Title I teachers as
necessary.
Annual Title I Meeting:
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A.
B.
VI.
Notification:
1.
At the beginning of the school year, the District will formally invite
parents to attend the District’s annual Title I meeting.
2.
The annual notification will be provided to parents in an understandable
and uniform format and, to the extent practicable, will be provided in a
language that parents can understand.
Purpose: The purpose of the District’s annual Title I meeting is:
1.
To inform parents of the general purpose of Title I funding and to further
inform these parents of the reasons their children are participating in Title
I programs.
2.
To inform parents of the specific Title I programs, activities and services
currently available to their children.
3.
To inform parents of their right to be active participants in the education
of their children.
4.
To allow parents the opportunity to ask questions, make suggestions and
have input into the District’s Title I program.
5.
To encourage parents to become active participants in the education of
their children.
Parent – School Compact
A.
The District will jointly develop with parents a “Parent – School Compact” that
outlines how parents, the entire school staff, and teachers will share the
responsibility for improved student academic achievement and the means by
which the school and parents will build and develop a partnership to help the
children achieve state standards.
B.
The compact will:
1.
Describe the school’s responsibility to improve high-quality curriculum
and instruction in a supportive and effective learning environment that
enables children to meet state academic standards.
2.
Describe the ways in which each parent will be responsible for supporting
their child’s learning, such as:
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INSTRUCTION
3.
VII.
a.
Monitoring attendance, homework completion, and television
watching.
b.
Volunteering in their child’s classroom; and participating, as
appropriate, in decisions relating to the education of their children
and positive use of extracurricular time.
Address the importance of communication between teachers and parents
on an ongoing basis, by:
a.
Scheduling parent-teacher conferences in elementary schools on an
annual (or more frequent) basis. Such conferences will include a
discussion of how the parent – teacher compact relates to the
individual child’s achievement.
b.
Providing frequent reports to parents on their children’s progress.
c.
Ensuring reasonable access to staff.
d.
Providing opportunities to observe classroom activities, and to
volunteer and participate in their child’s class.
Complaint and Appeal Process
A.
The District distributes to parents and appropriate private school officials, free of
charge, information about the State Complaint and Appeal Procedures available
for use when parents have complaints regarding the District’s fulfillment of its
obligations under ESEA Title I, Parts A, C, and D, or under the General
Education Provisions Act, or under Section 100.2(ee) of the Commissioner’s
Regulations.
B.
A complaint regarding the District’s administration or implementation of its
ESEA Title I Grant, or of Academic Intervention Services for students identified
under Commissioner’s Regulations Part 100 must be submitted in writing to the
Superintendent.
1.
The District will attempt to resolve the complaint within thirty (30) business days.
2.
If the parent making the complaint is not satisfied with the District’s response
after thirty (30) business days, the parent may submit the complaint to the Title I
School and Community Services Office, Room 365 EBA, New York State
Education Department, 89 Washington Avenue, Albany, New York 12234.
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VIII.
Accessibility:
A.
IX.
Incorporation:
A.
X.
To the extent practicable, the District will provide full opportunities for
participation of parents with limited English proficiency, parents with disabilities
and parents of migratory children, including providing information and reports in
a format and, to the extent practicable, in a language parents understand.
This policy shall be incorporated into the District’s Local Educational Agency
Plan under Section 1112 of the No Child Left Behind Act.
Policy Development, Distribution, Revision and Review:
A.
This policy was developed jointly with, and is agreed to by parents. This policy is
subject to periodic review and/or revision with help from parents.
B.
This policy will be distributed to parents in a format understandable to them, and,
to the extent practicable, in a language they can understand.
C.
This policy will be made available to the local community.
Legal Ref:
The Elementary and Secondary Educational Act of 1965; Hawkins-Stafford Act
of 1988, P.L. 100-297; Section 1118 of The No Child Left Behind Act of 2001,
P.L. 107-110.
Adopted:
_______
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INSTRUCTION
8601.1
ANNUAL NOTIFICATION OF TEACHER QUALIFICATIONS
Date:
Dear Parent or Guardian:
Your child attends a school that receives Title I funds from the federal government. The No Child
Left Behind Act allows you to request:
1.
Whether your child’s teacher has met State qualification and licensing criteria for the
grade levels and subject areas in which your child’s teacher provides instruction.
2.
Whether your child’s teacher is teaching under emergency or other provisional status
through which State qualification or licensing criteria have been waived.
3.
The baccalaureate degree major of your child’s teacher and any other graduate
certification or degree held by your child’s teacher, and the field of discipline of the
certification or degree.
4.
Whether your child is provided services by paraprofessionals and, if so, their
qualifications.
If you are interested in receiving any information you are entitled to under the No Child Left Behind
Act, please direct your inquiry to:
NAME
TITLE
BUSINESS ADDRESS
BUSINESS PHONE
Sincerely,
INSERT NAME
INSERT TITLE
Approved by the Superintendent: _____
Page 1 of 1
Policy
New 03/28/2013
7002
STUDENTS
NON-RESIDENT STUDENTS
I.
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. The Board of Education will consider acceptance
of non-resident students where circumstances permit, as noted in this policy.
II.
A non-resident student shall be defined as a student whose parent or legal guardian(s)
reside outside the boundaries of the Ilion-Mohawk Central School District.
III.
It shall be the policy of the Ilion-Mohawk School Central District to accept non-resident
students for attendance in the school district subject to the following guidelines:
IV.
A.
All non-resident student(s) must complete an application between January 1st and
Applications must be filed with the
May 1st for placement annually.
Superintendent of Schools no later than May 1st.
B.
All non-resident student applications will be subject to approval by the
Superintendent of Schools and the Board of Education.
C.
Children of taxpaying future residents who have signed a contract to buy or build
a home in the district may enroll upon request.
D.
Resident children enrolled in the 12th grade whose loss of district residency is
solely attributable to their parent or legal guardian’s recent move out of the
district may complete their 12th grade year of school within the district.
E.
Full and part-time employees of the District who do not reside in the District may
enroll their children in the schools of the District subject to the conditions of this
policy. (For the purposes of this policy, seasonal employees (such as coaches) are
not considered to be part time employees). Transportation will not be provided by
the District.
F.
Children of parents or guardian(s) who have moved out of the school district
during the school year may be permitted to complete the semester if they request a
meeting with the Superintendent. The decision will be based on academic,
behavior and attendance records of the student.
Additional Requirements:
A.
The enrollment of nonresident students shall not cause space difficulties and shall
not cause class sizes to exceed Board established guidelines.
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STUDENTS
NON-RESIDENT STUDENTS
B.
The enrollment of nonresident students shall not necessitate the creation of
additional sections of a grade level or course.
C.
The enrollment of nonresident students shall not require the creation of a new
program or the hiring of additional staff.
D.
The transportation of nonresident students to and from school shall be the sole
responsibility of the student’s parent or guardian.
V.
Once enrolled, a nonresident student’s continued enrollment in school shall be contingent
upon the student’s conformity with the District’s Code of Conduct and Student
Attendance policies. A student who is denied continued attendance in the District for
disciplinary reasons is entitled to due process procedures in accordance with Section
3214 of the New York State Education Law.
VI.
Students from other nations who are living with district residents may be enrolled at the
discretion of the Superintendent and the Board of Education.
VII.
Tuition
VIII.
A.
Tuition for non-resident children of District employees and nonresident students
shall be set annually by the Board of Education. For school attendance by a
nonresident child for a period longer than ninety (90) calendar days, tuition is
payable in advance for each succeeding semester or on a prorated basis. The
Superintendent may reduce the tuition by up to one-half of the regular tuition in
cases of hardship.
B.
In the case whereby a non-resident pays property taxes in the Ilion-Mohawk
School District for the current school tax year, the amount of tax shall be
deducted from the assessed tuition.
Copy of Policy to Parent/Student
A copy of this policy shall be initially provided by the Superintendent to any possible
non-resident student and/or parent.
Legal Ref:
8 NYCRR 174
Adopted:
______
Page 2 of 2
Policy
New 03/28/2013
7003
STUDENTS
ADMISSION OF NON-RESIDENT STUDENTS
I.
Statement of Policy
A.
B.
II.
The Superintendent is authorized to enroll a non-resident child as a District
student, provided that the Superintendent determines that, if the child is enrolled:
1.
all children resident in the District are or can be accommodated; and
2.
the District will not incur substantial additional expense (i.e., expense
beyond that justified by the tuition rate charged).
The Superintendent’s decision whether to enroll a non-resident make take into
account the student’s record of achievement and deportment, but shall not take
into account any factor listed in the District’s Equal Opportunity and NonDiscrimination Policy.
Conditions of Enrollment
A.
The District does not provide transportation to a non-resident student between
school and any address outside the District.
B.
The District requires that tuition be paid on behalf of a non-resident student, in an
amount set by the Board annually, upon recommendation from the Superintendent
and calculated in compliance with Education Law and Commissioner’s
regulations. 1
=====================================================================
Adopted:
______
1
8 NYCRR Part 174
M
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M
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2
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July
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31
7
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January
W
1
8
15
22
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2
9
16
23
30
F
3
10
17
24
31
M
3
10
17
24
T
4
11
18
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February
W
5
12
19
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Th
6
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F
7
14
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F
6
13
20
27
M
3
10
17
24
31
T
4
11
18
25
March
W
Th
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6
12
13
19
20
26
27
F
7
14
21
28
F
4
11
18
25
M
7
14
21
28
T
1
8
15
22
29
April
W
2
9
16
23
30
M
T
May
W
5
12
19
26
6
13
20
27
M
2
9
16
23
30
T
3
10
17
24
Th
4
11
18
25
F
5
12
19
26
August
W
Th
1
6
7
8
13
14
15
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22
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28
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September
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4
5
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11
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8
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M
T
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11
18
25
5
12
19
26
M
2
9
16
23
30
T
3
10
17
24
31
October
W
2
9
16
23
30
Th
3
10
17
24
31
November
W
Th
M
T
6
13
20
27
F
2
9
16
23
30
7
14
21
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F
1
8
15
22
29
December
W
Th
4
5
11
12
18
19
25
26
F
6
13
20
27
6
13
20
27
Subject to Change
2013-2014
Board of Education
Meeting Calendar
DRAFT 5/28/13
Th
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7
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June
W
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Items for CVCSD BOE meeting of 5/28/13 – Status updates from the business office
We have obtained our official EIN (Employment Identification Number). We had to have that
before we accomplish several other things.
We have made contact with Adirondack Bank, NYSTRS, NYSERS, our IRS section 125 provider,
our 403b TPA, our health insurance company and workman’s compensation plan regarding our
new number so they may update/setup their systems. It should be noted that all of these
agencies are common to both Ilion & Mohawk however each district has differing plan years for
the IRS section 125 plans. We will work that out. We are scheduled for a teleconference to iron
out our issues with the 403b TPA and draft a new plan for that. Until an agreement is made
with all of the current bargaining units, we will continue to maintain separate health insurance
plans for the current Ilion and Mohawk CSD’s, along with a new plan for any person hired by
CVCSD after 7/1/13.
We are gearing up to get approximately 75 employees paid on July 3, 2013. Given the
compressed time between the last check of the old districts (June 27) and the first check of the
new one, this is a challenge but it will happen. In that regard, we have been meeting with staff
from the MORIC concerning merging the two financial systems. In addition to that, we are in
the process of creating new account codes which will allow us to track some expenses by
building.
I have ordered the software (Versa Trans) needed to build bus routes. We will use the current
Mohawk equipment and drivers to cover as many routes as possible while putting out the
remainder for bid. The plan is to have the contractor do most of the heavy lifting of getting
students from home to school and back. We would use current Mohawk employees and buses
to handle athletic trips, field trips, late busing after practices for students from Ilion who will
attend Jarvis and vice versa, certain special education runs to Utica etc., to the greatest extent
possible given the small fleet. Transportation is a huge undertaking given the timeline but we
are working hard to have all systems in place. We will be spending many hours with the Versa
Trans Team to put everything together.
These are but some of the items we are working on as we near July 1, 2013. I will try to keep
you all updated on these and other items as we move through the process.
Ken
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July
W
3
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31
7
14
21
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January
W
1
8
15
22
29
Th
2
9
16
23
30
F
3
10
17
24
31
M
3
10
17
24
T
4
11
18
25
February
W
5
12
19
26
Th
6
13
20
27
F
7
14
21
28
F
6
13
20
27
M
3
10
17
24
31
T
4
11
18
25
March
W
Th
5
6
12
13
19
20
26
27
F
7
14
21
28
F
4
11
18
25
M
7
14
21
28
T
1
8
15
22
29
April
W
2
9
16
23
30
M
T
May
W
5
12
19
26
6
13
20
27
M
2
9
16
23
30
T
3
10
17
24
Th
4
11
18
25
F
5
12
19
26
August
W
Th
1
6
7
8
13
14
15
20
21
22
27
28
28
September
T
W
Th
3
4
5
10
11
12
17
18
19
24
25
26
T
7
14
21
28
T
1
8
15
22
29
M
T
4
11
18
25
5
12
19
26
M
2
9
16
23
30
T
3
10
17
24
31
October
W
2
9
16
23
30
Th
3
10
17
24
31
November
W
Th
M
T
6
13
20
27
F
2
9
16
23
30
7
14
21
28
F
1
8
15
22
29
December
W
Th
4
5
11
12
18
19
25
26
F
6
13
20
27
6
13
20
27
Subject to Change
2013-2014
Board of Education
Meeting Calendar
DRAFT 5/28/13
Th
3
10
17
24
F
4
11
18
25
7
14
21
28
Th
1
8
15
22
29
F
2
9
16
23
30
June
W
4
11
18
25
Th
5
12
19
26
F
6
13
20
27

The people of the Ilion Central School District are committed work

Transcription

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