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Series 5000


Student Policies Goals 5000
Student Attendance 5100
Compulsory Attendance Ages 5130
Entrance Age 5140
School Admissions 5150
Education of Homeless Children 5151
Admission of Non-Resident Students 5152
Admission of Foreign Students 5152.1
Assignment of Students to Classes 5154
Student Withdrawal From School 5155
Student Dismissal Precautions 5162
Student Organizations 5210
School-Sponsored Student Expression 5220
Student Personal Expression 5225
Student Activities Funds Management 5252
Interscholastic Athletics 5280
Uniforms for Athletic Teams 5280.1
Student Eligibility For BOCES Occupational Programs 5285

Code of Conduct

5300
Co-Curricular and Extra-Curricular Code of Conduct for Students 5305
Student Discipline 5310
Student Due Process Rights 5311.1
Student Complaints and Grievances 5311.3
Care of School Property by Students 5311.4
Prohibited Conduct 5312
Drug and Alcohol Abuse 5312.1
Dangerous Weapons in School 5312.2
Tobacco-Free School Environment 5312.3
Possession or Use of Self-Defense Spray Devices 5312.4
Student Conduct on School Buses 5320
Student Welfare 5400
Wellness Policy 5405
Student Insurance 5410
Student Health Services 5420
Student Psychological Services 5430
Suicide Prevention 5431
Alcohol Consumption by Students and Breath Alcohol Analyzer Testing 5441
Student Safety 5450
Notification of Releases of Convicted Sex Offenders 5450.1
Student Bicycle Use 5453
Student Automobile Use 5454
Suspected Child Abuse and Maltreatment 5460
Missing Children 5470
Student Records 5500
Student Privacy 5550
Pregnant Students 5620
Student Volunteers for School and Public Service 5650
Student Fees, Fines and Charges 5680
Student Awards and Scholarships 5800

                                                                                                                            5000

 

STUDENT POLICIES GOALS

 

Students are the focal point of all district operations and must receive the primary attention of the Board of Education and all staff members.  Consequently, the Board will spend most of its time in study, deliberation, and policy formulation on matters directly related to student welfare.

 

The Board recognizes the individual worth of each student.  The Board and staff accept the responsibility of helping each student to develop his/her capacity for intellectual, physical, emotional, and social growth.  The Board acknowledges that a student's growth is influenced by his/her environment, both at home and in school.  Therefore, the school district shall strive to create an environment in which the student may learn to live and adapt successfully in an ever-changing world, in order to become a responsible and productive member of society.

 

The Board and district staff shall work together to achieve the following goals:

 

  1. to tailor the learning program to each student's learning styles, interests, and aspirations;
  2. to protect and observe the legal rights of students;
  3. to enhance the self-image of each student by helping him/her feel respected and worthy through a learning environment that provides positive encouragement through frequent success;
  4. to provide an environment in which students can learn personal and civic responsibility for their actions through meaningful experiences as school citizens; and
  5. to promote faithful attendance and good work.

 

Adoption date: January 20, 1998


                                                                                                                            5100

 

                                                    ATTENDANCE

 

The Board of Education recognizes that regular school attendance is a major component of academic success. Through implementation of this policy, the Board expects to reduce the current level of unexcused absences, tardiness, and early departures, (referred to in this policy as unexcused ATEDs), encourage full attendance by all students, maintain an adequate attendance record keeping system, identify patterns of student attendance and develop effective intervention strategies to improve school attendance.

Notice
To be successful in this endeavor, it is imperative that all members of the school community are aware of this policy, its purpose, procedures and the consequences of non-compliance. To ensure that students, parents/guardians, teachers, and administrators are notified of and understand this policy, the following procedures shall be implemented:

  • The attendance policy shall be included in student handbooks and will be reviewed with students at the start of the school year.
  • Parents/guardians will receive a plain language summary of this policy by mail at the start of the school year.
  • When a student is absent from school, a designated staff member will attempt to notify the students’ parents/guardians by phone.
  • When a student has an unexcused absence from class, which includes leaving school grounds without permission, a designated staff member will attempt to notify the students’ parents or guardians.
  • Each school will communicate the district’s attendance policy through various means, including orientation, open school nights, the school newspaper, etc.
  • The district will provide a copy of the attendance policy and any amendments thereto to faculty and staff. New staff will receive a copy upon their employment.
  • All faculty and staff will meet at the beginning of each school year to review the attendance policy and to clarify individual roles in its implementation.
  • Copies of this policy will also be made available to any community member, upon request.
  • The district will share this policy with local Child Protective Services (CPS) to ensure a common understanding of excused and unexcused ATEDs and to work toward identifying and addressing cases of educational neglect.

Excused and Unexcused Absences
• Excused ATEDs are defined as absences, tardiness and early departures from class or school when they are due to personal illness, death in the family, impassable roads or weather, religious observance/obligations, quarantine, required court appearances, medical appointments, approved college visits, approved cooperative work programs, military obligations, family emergencies, or such other reasons as may be approved by the Superintendent or his designee.

  • Absences, tardiness, and early dismissals are unexcused ATEDs when they do not meet the above criteria.
  • All absences must be accounted for. It is the parents’/guardians’ responsibility to notify the appropriate school office on the day of occurrence of the absence and to provide a written excuse upon the student’s return to school.

Tardiness
• Students who are tardy to school shall have this information recorded and reported to their parents/guardians.

  • Students who develop a pattern of tardiness shall have their parents/guardians contacted, shall be reminded of the attendance policy, and will be told that the students are subject to the school disciplinary policy.
  • Students who are late to school by a significant amount of time shall have their parents/guardians contacted.

General Procedures/Data Collection
• Attendance will be taken during each class period at the secondary level.

  • At the conclusion of each class period or school day, all attendance information shall be compiled and provided to the designated staff member(s) responsible for attendance.
  • The nature of an ATED shall be coded on a student’s record.
  • Student ATED data and reports shall be available to and should be reviewed by the designated school personnel in an expeditious manner.
  • Where additional information is received that requires corrections to be made to a student’s attendance records, such correction will be made immediately. Notice of such a change will be sent to appropriate school personnel subject to applicable confidentiality rules.
  • Data will be monitored and analyzed periodically to identify trends in student attendance.

Attendance Incentives
• The district will design and implement systems to be approved by the Board of Education which are to acknowledge a student’s efforts to maintain or improve school attendance.

Disciplinary Consequences
• Unexcused ATEDs will result in disciplinary action consistent with the district’s code of conduct. Those penalties may include, for example, detention or in-school suspension. Students may also be denied the privilege of participating in or attending extracurricular events.

  • In addition, designated staff member(s) will attempt to contact the student’s parents/guardians and the student’s guidance counselor. Such staff member(s) shall remind parents/guardians of the attendance policy, explain the ramifications of unexcused ATEDs, and stress the importance of class attendance and discuss appropriate intervention strategies to correct the situation.
  • In addition, the designated staff member(s) will contact local Child Protective Services (CPS) if they suspect educational neglect.

Attendance/Grade Policy and Denial of Credit
• The Board of Education recognizes an important relationship between class attendance and student performance. Students are expected to attend all scheduled classes.

  • Consistent with the importance of classroom participation, unexcused ATEDs may adversely affect a student’s class participation grade for the marking period.
  • For high school level courses, more than nine (9) absences (five (5) for alternate day courses) in a semester will result in the denial of credit. However, students with properly excused absences may make up the work in a timely manner and those absences will not count toward the minimum attendance standard.
  • An unexcused tardy to class of 15 minutes or more shall be considered for the purpose of this policy an unexcused absence.
  • To ensure that parents/guardians and students are aware of the implications of this minimum attendance requirement, the teacher or other designated staff member(s) will advise the student and attempt to contact the parents/guardians by telephone and mail at appropriate intervals prior to the student reaching the maximum absences.
  • In implementing the policy set forth above, students who are unable to attend school or class on a given day due to their participation in a school sponsored activity (i.e., music lessons, field trips), may arrange with their teachers to make up any work missed. This also applies to any student who is absent, tardy or leaves early from school or a class due to illness or any other excused reason.
  • Upon their return to school, students with excused absences are expected to consult with their teachers regarding missed work.
  • Only those students with excused absences will be given the opportunity to make up a test or other missed work to eliminate the absence from the calculations utilized in the denial of credit. Make up opportunities must be completed by a date specified by the student’s teacher for the class in question.

Annual Review
• The Board shall annually review building-level student attendance records, and, if such records show a decline in student attendance, the Board shall revise this comprehensive attendance policy and make any revisions to the plan it deems necessary to improve student attendance.

Cross Ref: 4710, Grading Systems
5300, Code of Conduct
5460, Child Abuse in a Domestic Setting

Ref: Education Law §§1709; 3024, 3025; 3202; 3205-3213; 3225
8 NYCRR §§104.1; 175.6
Social Service Law §34-a
Adoption Date: June 18, 2002
Revision Date: February 25, 2009

 

                                                                                                                            5130

 

                                COMPULSORY ATTENDANCE AGES

 

All children are required by New York State law to attend school full time, in a public, private or parochial school, unless exempt from attendance in conjunction with current law or regulation, and approved by the State Education Department from the first day of session in September of the calendar year in which the minor becomes six years of age through the last day of the school year in which such minor becomes 16 years of age, unless he/she has completed a four-year high school course of study.  A minor who has completed a four-year high school course of study is not required to attend.

 

            The Board of Education, through the Superintendent of Schools as chief administrative officer, is responsible for enforcement of the Compulsory Education Law.

 

Cross-ref:        1741, Home Instruction

                        5155, Student Withdrawal from School

 

Ref:     Education Law §§1711; 3201; 3202(1-a); 3205; 3206; 3208; 3225

            8 NYCRR §101

            Family Court Act §§711 et seq.

 

Adoption date: January 20, 1998

 

                                                                                                                            5140

 

                                                  ENTRANCE AGE

 

Children who reach their fifth birthday on or before December 1st of the year of matriculation are entitled to attend school and may be admitted to kindergarten.  Proof of age must be presented in the form of a birth certificate, baptismal certificate, or passport.

 

A child who has regularly attended and satisfactorily completed a year's work in a kindergarten which is duly registered with the State Education Department will be enrolled in the first grade.

 

If a child has satisfactorily completed a year’s work in an unregistered nonpublic kindergarten and his/her parents seek to have the child admitted to the first grade of a district school, the Board of Education or its designee shall appoint a panel of educators to evaluate the program of the unregistered nonpublic kindergarten.  The panel will take into consideration the standards set forth in the Regulations of the Commissioner of Education for registration of nonpublic kindergartens.  If the panel determines that the unregistered nonpublic kindergarten provides substantially equivalent instruction, the child will be placed in the first grade.

 

The Board of Education authorizes the Superintendent of Schools to establish any and all rules, regulations, and procedures necessary to implement and maintain this policy.

 

Ref:     Education Law §§709; 1712; 2503; 2514; 2555; 3202; 3205; 3210

            Matter of Lazar, 6 EDR 7 (1966)

 

Adoption date: January 20, 1998

 

                                                                                                                            5150

 

                                             SCHOOL ADMISSIONS

 

The district shall provide a public education to all persons between the ages of five and twenty-one  who have not received a high school diploma and are entitled to attend school.  If such persons reside in the district, they may attend without payment of tuition.

 

A veteran of any age who has not yet received his/her high school diploma  and who has been discharged under conditions other than dishonorable is eligible to attend school.

 

A non-veteran under twenty-one years of age who has received a high school diploma shall be permitted to attend school or BOCES upon payment of tuition.

 

Upon registration, all new students shall be required to present:

 

  1. proof of date of birth,
  2. record of immunizations and a health certificate from a licensed physician, and
  3. proof of residency.

 

Cross-ref:        Student Withdrawal from School

 

Ref:     Education Law §§903; 904; 3202; 3208

            Public Health Law §2164

 

Adoption date: January 20, 1998

             

                                                                                                                          5151

                            EDUCATION OF HOMELESS CHILDREN

 

The Board of Education shall make reasonable efforts to determine whether there are school-age homeless youth within the District, encourage their enrollment, and eliminate existing barriers to their education which may exist in district practices. The Board of Education will ensure that it maintains forms provided by the Commissioner of Education for designating a homeless child’s district of attendance, which shall be provided to any homeless child or parent or guardian who seeks to enroll a child or youth within a school of the District.

 

Definition of a Homeless Child

A “homeless child” means a child or youth who lacks a fixed, regular, and adequate night-time residence, including a child or youth who 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 accommodations;
3) abandoned in hospitals;
4) awaiting foster care placement; or
5) a migratory child who qualifies as homeless in accordance with the Commissioner’s Regulations. As defined in the No Child Left Behind Act of 2001, the term “migratory child” includes a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who has moved from one school district to another in the preceding 36 months, in order to obtain, or accompanies such parent or spouse in order to obtain, temporary or seasonal employment in agricultural or fishing work.

 

or who has a primary night-time location that is:

 

1) a supervised, publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the State or local Department of Social Services and residential programs for runaway and homeless youth established pursuant to Article 19-H of the Executive Law; or
2) a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.

A “homeless child” shall not include a child in a foster care placement or receiving educational services pursuant to Education Law §3202 subsection four, five, six, six-a or seven or pursuant to Article eighty-one, eighty-five, eighty-seven, or eighty-eight. For example, a child in a family home at board, a school for the mentally retarded, a hospital or other institution for the care, custody and treatment of children, youths under the direction of the Division For Youth incarcerated in county correctional facilities or youth shelters, or children residing in child care institutions or schools for the deaf or blind would not be considered “homeless.”

 

Admission of Homeless Children

A homeless child has the right to attend school in either the district where he/she formerly resided, the district where the temporary housing arrangement is located, or a district participating in a regional placement plan. Where a homeless child or youth designates Sachem Central School District, he/she shall be educated as part of the school’s regular academic program.

 

Administrative Procedures

The Superintendent shall develop procedures necessary to expedite the homeless child’s access to the designated school. Such procedures shall include:

  1. Admission: Upon designation, the district shall first admit the homeless child to school, then request the official records from the prior school district. The district shall not require that such records be forwarded from another district before that student may enroll.
    2. Dispute Resolution: The district shall establish guidelines for the prompt resolution of disputes regarding school selection or enrollment of a homeless student and provide a written explanation, including a statement regarding the right to appeal to the parent or guardian if the district sends the student to a school other than the school of origin or the school requested by the parent or guardian. If there is a factual dispute over whether a student is homeless, the district will immediately enroll the student and then provide the parent/guardian the opportunity to submit verification of homelessness. The student will remain enrolled until a final determination is made by the district and for a minimum of thirty (30) days after the final determination to allow the parent/guardian opportunity to appeal to the Commissioner of Education.
  2. Transportation: When a school district of current location is designated as the school district of attendance, that school district must provide transportation to the homeless child on the same basis as it is provided to resident students. Any homeless child or youth not entitled to receive transportation from the Department of Social Services or Office of Children and Family Services must be transported by the designated school district on the same basis provided to resident students. Such transportation shall not be in excess of 50 miles each way except where the Commissioner of Education certifies that transportation in excess of 50 miles is in the best interest of the child.
    4. School Records: For homeless students attending school out of district, the district shall, within five days of receipt of a request for records, forward a complete copy of the homeless child’s records including proof of age, academic records, evaluation, immunization records and guardianship paper, if applicable.
    5. School District Liaison for Homeless Children: The McKinney-Vento Act requires every local educational agency to designate an appropriate staff person to serve as liaison. The selected liaison will ensure that homeless youth and children are identified by school personnel and through coordination activities with other entities and agencies. The selected liaison must further ensure that homeless students and youth enroll in, and have full and equal opportunity to succeed in, the schools of the local education agency.
    6. Reporting Requirements: The School District shall collect and transmit to the Commissioner of Education, at such time and in the manner as the Commissioner may require, a report containing such information as the Commissioner determines is necessary to assess the educational needs of homeless children and youths within the State.

 

Ref: McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §11434a
    Education Law §§ 3202; 3209
    Executive Law §§ 532-b; 532-e
    Social Services Law §§ 17, 62, 397
    8 NYCRR §§ 100.2; 175.6

Adoption date: January 20, 1998
Revision date: December 16, 2009

 

                                                                                                                             5152

 

                         ADMISSION OF NON-RESIDENT STUDENTS

 

The Board of Education affirms that its primary responsibility is to provide the best possible educational opportunities for all children who are legal District residents and who are of legal age to attend school.

However, a non-resident student may be admitted to the District's schools upon payment to the District of the appropriate tuition charge if, and only if, in the judgment of the Superintendent of Schools:

  1. there is sufficient space to accommodate the non-resident student;
    2. the non-resident student meets the District's criteria for admission; and
    3. the admission of such non-resident student is and continues during the enrollment period to be in the best interest of the District. In the event a determination is made that the student's continuous attendance is no longer in the best interest of the District, such student may be immediately removed upon written notice to the parent/guardian.
    4. for purposes of Paragraph 3 above, a non-resident's attendance will not be in the best interests of the District if the costs to provide the educational services to the student exceeds the tuition the District is able to charge.

Future Residents

Children of families who have signed a contract to buy or build a residence in the school district may be enrolled during the semester in which they expect to become residents, upon approval of the Superintendent of Schools. In such event, the first month of such semester shall be without payment of tuition. After the first month, such families shall be required to pay tuition until it is established that they have become bona fide residents of the District. Billing will automatically occur after the first month unless proof of residence is provided. No transportation shall be provided by the District prior to the students actually establishing residency.

 

Former Residents

Regularly enrolled children of families who move out of the school district during the school year, after having attended District schools from the start of the school year, may complete that academic quarter they are currently in without payment of tuition. With respect to high school seniors in which it is the anticipated graduation year and who have started their senior year (September) as residents and move out of the District during this year, such students may complete their senior year without the payment of tuition. The benefits of this section of the policy shall not apply to those students who previously attended the Sachem schools as residents when they were actually non-residents. In all events, transportation shall cease upon the family's relocation from the District.

 

Transportation

Parents are responsible for the transportation of tuition pupils to and from their individual schools. No transportation will be provided by the school district for any tuition student.

 

Establishment of Fees

Tuition fees for non-resident students shall be determined annually in accordance with the formula established by Part 174 of the Commissioner's Regulations. Such rates shall be promulgated following the determination of the tax warrant, will be pro-rated to the month of entrance, will be billed monthly, and must be paid in advance. If a student becomes a resident within an already billed month, reimbursement will be made accordingly.

 

Ref: Education Law §3202
Adoption date: January 20, 1998
Revised: December 19, 2006

 

 

                                                                                                                            5152.1

 

ADMISSION OF FOREIGN EXCHANGE STUDENTS

            View Revised Policy 5152.1

 

 

 

                                                                                                                            5154

 

                          ASSIGNMENT OF STUDENTS TO CLASSES

 

In assigning students to classes, the following criteria shall be considered: age, social and emotional maturity, and achievement in relation to individual ability, in order to assure appropriate assignments. 

 

Transfers in regular attendance at a prior school will usually be placed at the level to which they were previously assigned.  However, in addition to prior grade level, the Board of Education may utilize testing to ascertain proper grade level.

 

Choice of Studies

 

All students, regardless of race, color, creed, sex, national origin, religion, age, economic status, marital status, or disability shall have equal access to any course which is offered in district schools.  Guidance counselors and other personnel directly involved in course selection shall take positive steps to ensure that all students are aware of Board policy on this matter.

 

The Building Principal will investigate any situation where there is a possibility that there has been discrimination in determining the composition of any class and will be required to demonstrate that a disproportionate composition of a class does not stem from discrimination by counselors, teachers or materials used in the course.

 

Ref:     Education Law §§1709, 2503(4); 3202

 

Adoption date: January 20, 1998

 

                                                                                                                            5155

 

                          STUDENT WITHDRAWAL FROM SCHOOL

 

Before a student may be dropped from enrollment, he/she must have been absent for 20 consecutive school days and statutory procedures must be followed.  It is the responsibility of the Building Principal to ensure that the procedures set forth below are followed:

 

  1. The Building Principal and/or the Superintendent of Schools shall schedule and notify in writing both the student and his/her parents or guardians of an informal conference.
  2. At such conference, the Principal and/or the Superintendent shall determine the reasons for the student's absence and ascertain whether reasonable changes in the student's educational program would encourage and facilitate his or her re-entry or continuance of study.
  3. The student and his/her parents or guardians shall be informed orally and in writing of the student's right to re-enroll at any time in the school, if qualified under law.
  4. If the student or his/her parents or guardians fail after reasonable notice to attend the informal conference, the student will be dropped from the rolls of the school, provided that he or she and the parents/guardians have been notified that they may re-enter at any time if qualified under the law.

 

Cross-ref:        5130, Compulsory Attendance Ages

                        5150, School Admissions

 

Ref:     Education Law §3202(1-a)

 

Adoption date: January 20, 1998

 

                                                                                                                        5162

 

                               STUDENT DISMISSAL PRECAUTIONS

 

No student may be released from school to anyone other than the parent, guardian or child protective services personnel and law enforcement officers pursuant to law, unless the individual's name seeking release of the student appears on a list provided by the parent or guardian.

 

Parents are urged to make appointments with physicians, dentists, special tutors, etc., after school hours.  If a request is necessary, parents should make note of the date, time and reason for the release.  Children cannot be excused without advanced written request by parent/guardian, and must be released in care of parent/guardian, unless otherwise noted.

 

A student may be released to either parent unless a custodial parent supplies the Superintendent of Schools/Principal with a certified copy of a court order or divorce decree to the contrary.

 

The Superintendent shall develop procedures to enable parents and guardians to amend the list of persons authorized to obtain the release of their children.

 

Cross-ref:        1240, Visitors to the Schools

                        8135, Safe Schools

 

Ref:     Education Law §3210(1)(c)

 

Adoption date: January 20, 1998


 

                                                                                                                            5210

 

                                       STUDENT ORGANIZATIONS

 

The Board of Education recognizes the educational values inherent in student participation in the extracurricular life of the school, and supports the concept of the formation of student groups for such purposes as building sound social relationships, developing interests in an academic area, and gaining an understanding of the elements and responsibilities of good citizenship.

 

The Superintendent of Schools, with the aid of students, faculty and administration, is charged with developing procedures for registering and regulating student groups or clubs. Such procedures shall ensure that the district will register any group organized for a purpose not prohibited by Board policy or by law, if such group submits a list of its members designated as contacts, a copy of its constitution and/or bylaws, and the constitution and bylaws of any off-campus organization with which it may be affiliated. The Superintendent shall maintain a current list of all student organizations in the district. Each club shall have a club charter indicating the name of the club, the club advisor, building principal signature, the purpose of the club, the student officers and Superintendent/Administrator and Board of Education approval. The building principal shall determine the use of year-end balances. It is required that all school treasurers maintain ledgers and accounting records in computerized software.

 

Student groups may not restrict membership on the basis of race, sex, national origin or other arbitrary criteria.

 

The Board may prohibit the formation of any clubs, including fraternities or sororities, or any other secret society, whose deliberations and activities have caused or created, or are likely to cause or create, a disruption of or interference with the school program.

 

Administrative regulations governing the use of school facilities shall abide by the Equal Access Act in the creation of a “limited open forum.” All noncurricular-related student activities, regardless of religious or political content, shall have the same opportunities as any other such activity to operate on school grounds.

 

Cross-Ref: 5252, Student Activities Funds Management
Ref: Education Law §§ 207; 1709-a; 2503-a; 2554-a
Equal Access Act, 20 U.S.C.A. §§4071-4074
8 NYCRR Part 172
Board of Education of the Westside Community Schools v. Mergens, No. 88- 1597 (U.S. June 4, 1990)
Garnett By Smith v. Renton School Dist. No. 403, 865 F.2d 1121 (9th Cir., 1989)
Thompson v. Waynesboro Area School Dist., 673 F.Supp. 1379 (1987)
Student Coalition v. Lower Merion School Dist. Bd., 633 F.Supp. 1040 (1986)
Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S.Ct. 733 (1969)
Healy v James, 408 U.S. 169, 92 S.Ct. 2338 (1972)
Adoption Date: January 20, 1998
Revision Date: December 21, 2011

 

 

                                                                                                                            5220

 

                      SCHOOL-SPONSORED STUDENT EXPRESSION

The Board of Education encourages student expression in its many forms, including, but not limited to, student newspapers, yearbooks, concerts, shows, and art exhibits. The Board believes these activities are an important part of student learning and enrich the life of the school community. The school newspaper, for example, is an important part of the school not only because it offers an educational activity through which students gain experience in reporting, writing, editing, and understanding responsible journalism, but also because it provides an opportunity for students to express their views in a responsible manner. Each school-sponsored activity offers unique opportunities for students to engage in creative and educational modes of expression.

All school-sponsored opportunities for student expression will comply with the rules set forth in this policy and in the Code of Conduct. Libelous statements, unfounded charges and accusations, obscenity, false statements, materials or performances advocating racial or religious prejudice, hatred, violence, the breaking of laws and school policies and/or regulations, or materials or performances designed to disrupt the educational process will not be permitted. Expressions of personal opinion must be clearly identified as such, and bear the name of the author.

In addition, school-sponsored activities, many of which are listed above, are not considered public forums. The Board reserves the right to edit or delete such school sponsored student expression which it believes is inconsistent with the district's basic educational mission.

When a student(s) presents material for inclusion in a school-sponsored publication to a school official with authority over the school publication, the school official must review and make a decision on inclusion in the publication within five (5) school days of submission of the material to him/her. If publication is denied, the student(s) may appeal the decision to the Building Principal. If the principal agrees with the decision to withhold approval, the principal must state the reasons in writing and provide the students with a copy of the reasons within five (5) school days of the receipt of the appeal. The aggrieved student(s) may within five (5) school days appeal in writing to the Superintendent of Schools. The Superintendent of Schools must issue a written decision within five (5) schools days after receiving the appeal.

Cross-Ref: 5300, Code of Conduct
5225, Student Personal Expression

Ref: Morse v. Frederick, 127 S.Ct. 2618 (2207)
Hazelwood School District v. Kuhlmeier,
484 US 260, 108 S Ct 562 (1988) (limits on student free speech rights in school-sponsored student publications)
Bethel School District v. Fraser, 478 US 675 (1986)
Tinker v. DesMoines Independent Community School Dist., 393 US 503, (1969) (limits on student free speech rights in school setting)
Thomas v. Board of Education, Granville Central School Dist., 607 F 2d 1043 (1979)
Trachtman v. Anker, et al., 563 F 2d 512 (1977)
Frasca v. Andrew et al., 463 F Supp 1043 (1979)
Matter of Beil and Scariati, 26 EDR 109(1986)

Adoption date: January 20, 1998
Revised date: May 8, 2008

 

                                                                                                                          5225

STUDENT PERSONAL EXPRESSION

The Board of Education recognizes the importance and value of student personal expression and recognizes that students do not shed their first amendment right of free expression at the schoolhouse gate. As in broader American society, The Board also understands that there is a balancing of an individual's rights under the First Amendment with the rights of the community. Student personal expression in this context refers to student verbal and written communication using any medium (paper, e-mail, website postings, etc.) including, but not limited to, poetry, prose, art, video and music composition that is intended to be shared with the boarder school community.

Although students retain their right to free expression in school, that right is not unfettered. School officials may regulate expression as to time, place and manner. Students' speech which causes a substantial disruption or which materially interferes with school activities or rights of others or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities is not constitutionally protected speech.

When students wish to personally express themselves in the broader school community, they must seek prior approval from the building principal or his/her designee. No literature may be distributed unless a copy is submitted in advance to the Building Principal or his/her designee and approval is given. The building principal or his/her designee will render his/her decision within five (5) school days of receiving the request. The building principal shall give due consideration to the constitutionally protected right of freedom of expression, the maintenance of the normal operation of school and its activities, the protection of persons and property and the need to assist students in learning appropriate ways to exercise their rights. Unless such student expression takes place within the confines of a school-sponsored event/activity (see policy 5220 for guidance on School-Sponsored Student Expression), authorization will be granted if:

  • The material is distributed as directed by the Principal or designee in such a manner as to not materially or substantially interfere with the rights of others or substantially disrupt the normal operation of the school;
  • The material is not considered to be obscene, lewd, indecent, libelous, an invasion of the privacy of other individuals, or an expression that attacks a person's character, family, race, religion, sex, ethnic origin, physical appearance, sexual orientation, or disabling condition.
  • The material is free from advertisements or promotion of cigarettes, liquor, illegal or illicit drugs, or drug paraphernalia or other products or services harmful to minors and/or not permitted to minors by law.

Procedural Due Process

If a student(s) seeks to distribute material within school buildings or at school events, he/she must present such material for prior review by the Building Principal who must make a decision regarding distribution within five (5) school days of receipt of the request and provide the reason for the denial in writing. The aggrieved student(s) may within five (5) school days appeal in writing to the Superintendent of Schools. The Superintendent of Schools must issue a written decision within five (5) school days after receiving the appeal.

Generally school administrative authority regarding student expression does not extend beyond school grounds or school-sponsored functions. However, with the advent of new technologies, the line between off and on campus expression can be blurred. Students are advised that if off campus personal expression substantially disrupts or materially interferes with school activities or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities or interrupts another individual's access to school, such as when the speech is threatening in nature, they may be subject to discipline under the Code of Conduct.

Violation of Policy

Students who violate this policy will be subject to the appropriate disciplinary action, which may include short or long-term suspension, in accordance with the Code of Conduct.

Cross-Ref: 5300, Code of Conduct
0115, Harassment, Hazing and Bullying
4526, Computer Use in Instruction
520, School-Sponsored Student Expression

Ref: Morse v. Frederick, 127 S Ct 2618 (2207)
Bethel School District v. Fraser, 478 US 675 (1986)
Tinker v DesMoines Independent Community School Dist., 393 US 503, (1969) (Limits on student free speech rights in school setting)
Eisner v Stamford Board of Educ., 314 F. Supp 832, modf'd 440 F2nd 802 (1971)

Adoption Date: May 8, 2008

 

                                                                                                                            5252

 

                      STUDENT ACTIVITIES FUNDS MANAGEMENT

 

                                            View Revised Policy 5252

 

                                                                                                                            5280

 

                                   INTERSCHOLASTIC ATHLETICS

                                                                 

                                             View Revised Policy 5280

 

                                                                                                                                5280.1
UNIFORMS FOR ATHLETIC TEAMS

Uniform Design and Style

The Athletic Director shall have the final decision with regards to any and all uniforms purchased for the Sachem Central School District athletic teams to be used during athletic competition. To enable the Athletic Department to project uniform purchases over a span of years and to insure each team the best possible uniforms, the department has established the following guidelines:

  1. Uniforms shall reflect school colors. Sachem North's school colors are Black and Gold with Red as an accent. Sachem East's school colors are Red and Gold with Black as an accent.
    B. Members of the coaching staff much make requests and receive approval to purchase uniforms through the Athletic Director or as directed by the Athletic Director.
    C. coaches are required to meet with the Athletic Director and review all aspects of creating and designing uniforms.
    D. Coaches shall provide the Athletic Director with all necessary information to insure the uniform bid is properly prepared.
    E. Once a vendor has been awarded the uniform, coaches are prohibited from contacting the vendor to change the uniform unless approved by the Athletic Director.

Purchasing of Uniforms/Equipment by Booster Clubs and Athletic Teams/Program

Head Coaches must submit to the Athletic Director their request to purchase uniforms/equipment with booster club funds before submitting their requests to the booster clubs. Coaches should not approach booster clubs or individuals without first informing the Athletic Director. Any part of or team uniforms (including warm-ups) or equipment purchased without seeking Athletic Director guidance and Board of Education approval will not be permitted for use in school sanctioned athletic activities.

At the discretion of the Athletic Director, a meeting may be deemed necessary between booster club representation, the head coach and the athletic director to insure that uniforms/warm-up/equipment purchased for athletic programs is appropriate and meets district expectations.

 

Adoption Date: March 20, 2007

 

                                                                                                                          5285

STUDENT ELIGIBILITY FOR BOCES OCCUPATIONAL PROGRAMS

The Board of Education recognizes the importance of occupational and technical training for those students who choose to pursue this course of study. Students wishing to prepare for a specific career may enroll in District sponsored Career Training Programs, or, beginning in grade 11, occupational programs offered at BOCES Technical Centers. A student who elects to pursue a career training program offered at BOCES must be a student in good standing, who adheres to the high school attendance policy, and who has met certain core requirements for high school graduation. In order to be eligible to attend BOCES in grade 11, a student currently enrolled in grade 10 must have successfully completed, and/or currently be passing, the following courses by the end of the second marking period:

  • English 9
    •Global History 9
    •English 10 or Global History 10
    •Two math and one lab science course or two lab science and one math course
    •Physical Education 9 and Physical Education 10
    •Health Education (completed by June of the 10th grade year)
    •Art/Music (one credit by June of the 10th grade year)
    •Language Other Than English (one credit by June of the 10th grade year)

 

Additionally, any student denied credit in any tenth (10th) grade course, in accordance with the district's high school attendance policy, shall be deemed ineligible to participate in a BOCES vocational training program in eleventh (11th) grade. Similarly, a student denied credit in eleventh (11th) grade shall be ineligible for BOCES in twelfth (12th) grade.

 

The Board of Education shall charge the administration with the task of reviewing which BOCES programs are academically appropriate to be offered to our students. A list of the available programs shall be published annually in the guidance handbook.

All students interested in attending a BOCES occupational program shall have their application reviewed by the Administrative Assistant for Guidance.

Ref: Education Law §4602
8 NYCRR §112

 

Adopted Date: November 20, 2007

 

                                                                                                                            5300

5300 Code of Conduct: Click the link to the left to view the revised policy 5300

 

                                                                                                                           5305

CO-CURRICULAR AND EXTRA-CURRICULAR CODE OF CONDUCT
FOR STUDENTS

Participation on or in any athletic team, music group, club or co-curricular/extracurricular activity is a privilege which should elicit great pride in both the student and his/her family. It is also an acceptance of responsibility which requires an extra commitment from students who represent their school and community. Willingness to meet these standards is a condition for being a member of one of the Sachem School District's co-curricular/extra-curricular activities.

Our staff members are responsible for providing leadership, encouragement and direction to assist the student in meeting his/her personal commitment to their co-curricular/extra-curricular activity. They are also responsible for providing the student with an opportunity to participate in an environment that fosters courtesy, respect and social responsibility. Staff members strive to enhance the academic pursuit of the student through participation in any of the district's co-curricular/extra-curricular activities.

Coaches/Advisors/Staff will:

  1. Strive to enlarge their technical knowledge and develop wisdom and competency in the activity which they participate.
    2 Enhance and protect the physical and mental well being of their students.
    3. Teach students to respect self and all other individuals who are participating in any part or portion of the activity.
    4. Strive to instill in students a desire to know and live by the spirit of the rules of the school district.
    5. Help create an atmosphere of friendly participation wherein mutual respect and courtesy to all involved is the major focus.
    6. Cooperate with administrators, faculty and other staff in maintaining and improving the quality of our schools.
    7. Encourage the highest standards of academic and social achievement among our students.
  2. Application of the Code

At the beginning of each year, as co-curricular/extra-curricular activities are approaching their respective starting dates, each student and their parent/guardian will be provided a copy of the Sachem School District "Student Co-Curricular and Extra-Curricular Code of Conduct." Attached to the code of conduct will be an acknowledgement and consent form which must be signed by both the student-participant and the parent/guardian prior to participation in any meeting, practice or activity with any district sponsored co-curricular/extra-curricular activity.

All violations of the code shall be considered cumulative for the school year. This does not prohibit the district, building principals or program administrators from reviewing a student's discipline history when determining such student's eligibility to participate in any co-curricular/extra-curricular activity.

  1. Conditions for Student Participation

1.Eligibility

The Board of Education has the authority to establish reasonable standards as prerequisites for eligibility for co-curricular and extra-curricular activities. These standards apply to entry qualifications as well as continued participation in such activities.

Eligibility requirements should include academic standards, behavioral standards, and training standards. These standards should be applied equally to all student participants. All student participants, including athletes, should be informed that they have the obligation to act in a reasonable manner because of the leadership roles they play in the school environment.

Eligibility for co-curricular/extra-curricular activities shall be limited to children who are enrolled as students of the Sachem Central School District.

All students who participate in any co-curricular/extra-curricular activity will be expected to be academically eligible. Academic Eligibility will be determined by the official grades posted on a student's report card. Advisors/coaches must specify minimum school attendance requirements, and the minimum grade point average (GPA) they expect student participants to maintain. All such standards must be reasonable. The relationship between a student's GPA and his/her eligibility must be clearly explained to all student participants. Any student who fails 2 or more classes at the end of the marking period shall be placed on academic probation for the next 5 weeks. During the period of academic probation, the student will be permitted to continue his/her co-curricular/extra-curricular participation if the student demonstrates both of the following actions:

(1) The student, in conjunction with the failed subject teacher, develops an action plan for academic improvement. The plan is subject to approval of the Co-Curricular Committee.

(2) The student must demonstrate that he/she is no longer failing in more than one course by the time interim reports are submitted.

Any student who fails to demonstrate they have successfully completed both of the actions above shall be declared ineligible for participation in any co-curricular/extra-curricular activity for the duration of the marking period in which he/she was placed on probation.

NOTE: A student's eligibility for Quarter 1 will be determined by that student's report card for grades earned in Quarter 4 the previous school year. Any student who is denied credit (DC) for failure to maintain regular attendance in one or more classes shall be academically ineligible to participate in any extra-curricular activity for the duration of the school year.

  1. Attendance

Students who commit themselves to an activity membership are expected to be in attendance at meetings/practice/contests for the duration of the activity calendar. When this commitment is not fulfilled, the student's position in the activity shall be reviewed by the supervising staff member and a recommendation of consequences shall be forwarded by the supervising staff member to the building principal, program administrator (or both) for review.

Students are expected to attend all practices, meetings and contests unless excused by the staff supervisor. It is the student's responsibility to notify the staff supervisor, in advance, of any circumstances which would prevent the student's participation at practice(s), contest(s), or meeting(s) other than absence from school. Failure to comply may result in a dismissal from the activity, dependent upon the nature and/or seriousness of the offense.

A student who is absent from school will not be eligible for participation in any co-curricular activity session on the day he or she is absent. The building principal or program administrator may permit participation when, in his/her judgment, the absence is unavoidable and supporting documentation signed by a parent/guardian is provided. Students are, therefore, advised to make requests for absence(s) in advance.

Students who are members of co-curricular/extra-curricular activities are expected to be in school on a regular basis. Students will be ineligible for practice or contest participation that day if they do not sign in at the attendance office prior to the end of period 4 with a legitimate written excuse signed by a parent or guardian in order to be eligible for participation.

The activity supervisor will establish rules appropriate for the nature of the activity regarding attendance and participation. All student members shall be given a written copy of the team rules and the supervisor will review the rules with student members. Student members are expected to comply with and abide by the rules established for their respective activity.

A student's absence(s) from practice(s), meeting(s), and or contest(s) due to mandatory participation in school sponsored session extra-help will not jeopardize the student's membership status.

  1. Misconduct

The use, sale and/or possession of any controlled substance(s), or other substances, including but not limited to, alcohol, tobacco products, drug paraphernalia, or prescription medication, other than those prescribed by a physician for that student, or illicit substances as defined by the New York Penal Law is strictly prohibited.

As a member of any co-curricular/extra-curricular activity, students should be mindful that they represent their school and community. Student members are expected to and have an obligation to conduct themselves as productive citizens both in and out of school and the community. Students are expected to refrain from negative behavior(s), which violate the principles of good citizenship, and may bring embarrassment or unfavorable view to you, your classmates, teachers or community.

A student who participates in activities resulting in his/her arrest or formal charges being filed for breaking any law may face additional penalties under this Code. If the school district has adequate and corroborating evidence that the student participated in the offense for which he or she is charged, a penalty may be imposed under this Code prior to completion of the criminal proceeding. If the student is convicted of a crime (misdemeanor or felony), the penalty pursuant to this Code of Conduct shall be imposed upon conviction.

  1. Offenses/Penalties

1.Prohibited Student Conduct (not intended to be all-inclusive)

Possession and/or Use of Drugs-The possession and/or use of illegal drugs, drug paraphernalia, and/or drugs or medications without a prescription for the person using the medication are strictly prohibited.

Possession and/or Use of Alcohol and Tobacco Products-The possession and/or use of alcohol and tobacco products are strictly prohibited.

Hosting or Drinking/Drug Parties-Students are prohibited from hosting/organizing or attending any gathering that involves, tobacco, alcohol, drugs, drug paraphernalia, marijuana or illegal substances as defined by New York Penal Law.

Sachem School District Student Code of Conduct Violations-Any violation of the Sachem Schools Student Code of Conduct, resulting in an out-of-school suspension, will result in progressive levels of discipline as described within the Student Co-Curricular and Extra-Curricular Activity Code of Conduct. The consequences imposed by the Student Co-Curricular and Extra-Curricular Activity Code of Conduct will be in addition to those consequences imposed by the Sachem Schools Student Code of Conduct.

Hazing/Initiation Ceremony-Sachem Central School District staff will not permit any student to stage any type of "initiation ceremony" or hazing for any co-curricular activity or club, at any level.

Poor Sportsmanship-Students, whether participants or spectators, will portray appropriate behavior during all co-curricular/extra-curricular events. Booing, whistling, name calling, obscene gestures or arguing with the referee will not be tolerated.

Stealing-Stealing of any kind, including equipment, supplies, uniforms or any personal items belonging to the Sachem Central Schools or any staff members or student will not be tolerated.

Vandalism or Property Destruction-Vandalism or property destruction offenses may result in external suspension and appropriate penalties for violation of the Co-curricular/Extra-curricular Code of Conduct.

Verbal and/or Physical Abuse-directed at any individual will not be tolerated at any time.

Academic Achievement-Any student who fails 2 or more classes may be deemed ineligible for co-curricular/extra-curricular participation (see Conditions for Student Participation: Eligibility). Any student who receives one or more Denied Credit (DC) shall be deemed ineligible for co-curricular/extra-curricular participation (see Conditions for Student Participation: Eligibility).

  1. Penalties

Students who are found to have violated the Co-Curricular and Extra-Curricular Code of Conduct may be subject to the following penalties, either alone or in combination:

(1) Oral warning
(2) Parent/Guardian notification
(3) Written warning
(4) Suspension from activity
(5) Expulsion from activity for duration of co-curricular/extra-curricular season.
(6) Ineligible for participation in any other activity for duration of school year.
(7) Ineligible for participation in any activity for a period of one year, determined by the date of notification to the parent/guardian.

  1. Due Process

    Prior to the impositions of any penalty under the Code, the building principal and/or program administrator will notify the student of the nature of the infraction and the student will be given an opportunity to present his or her side of the issue.
  2. Appeal Procedure

Students have a privilege, not a right, to participate in co-curricular/extra-curricular activities. Although the suspension and/or expulsion from participation in a co-curricular/extra-curricular activity does not require a full hearing pursuant to Section 3214 of the Education Law, a student must be given the opportunity to appear informally before the Co-Curricular Review Committee. Appeals must be made, to the building Principal, in writing within three days of assignment of a penalty, for a violation of the code. The building Principal will notify the chairperson of the Co-Curricular Review Committee who will assemble the group. The Committee will consist of one district office administrator, one district administrator, one building administrator, two teachers and two parents.

The Co-Curricular Review Committee will meet within 48 hours upon receipt of a written notice from the affected student's penalty unless the committee members are unavailable. In such a circumstance, the committee will meet as soon as these individuals may be assembled.

Upon review of the appeal, the committee will render a decision. The building principal and/or program administration will notify the parent/guardian of the decision in writing.

  1. Distribution of Policy

At the beginning of each school year, a copy of this policy will be distributed to all students attending grades 6-12. Students and their parents/guardians must review the policy, then sign and return this policy acknowledgement form to the administration office.

During the first meeting of the year for any co-curricular/extra-curricular activity, the activity advisor/coach shall review the policy with the respective participants to ensure the participants know and understand the policy contents.

In addition to this policy, all activity participants are subject to the terms of all other applicable Sachem Central School District Policies.

 

Revised Date: July 2, 2007

SACHEM CENTRAL SCHOOL DISTRICT
CO-CURRICULAR CODE OF CONDUCT FOR STUDENTS

Student Acknowledgement

I, ___________________________, acknowledge that I have read the Sachem School District Co-Curricular Code of Conduct. I understand that my participation in any co-curricular activity is contingent upon my adherence to the Code. Finally, I acknowledge that any behavior on my part that violates the Code shall result in consequences described within the Code, which ultimately can result in dismissal from any and all co-curricular activities offered by the Sachem School District.

__________________________________

___________________

(Student Signature)

(Date)

Parent/Guardian Acknowledgement

I, ___________________________________,the parent/guardian of the above-named student acknowledge that I have read, understand and agree my son/daughter has my permission to participate in _______________________________(activity).

I understand that any behavior on my part that violates the Code shall result in consequences described within the Code which ultimately can result in dismissal from any and all co-curricular activities offered by the Sachem School District.

__________________________________

___________________

(Parent/Guardian Signature)

(Date)

 

                                                                                                                          5310

 

 

                                                         STUDENT DISCIPLINE

 

The Board believes that each student can reasonably be expected to be responsible for his/her own behavior.  The school administration will assist each student in this program of personal responsibility through the development and dissemination of rules of conduct, focusing on personal safety and respect for the rights and property of others, to be consistently applied in the classrooms and throughout the school.  Students who fail to meet this expected degree of responsibility and violate school rules may be subject to appropriate disciplinary action and more regulated supervision.

 

Discipline is most effective when it deals directly with a problem at the time and place it occurs, and in a way that is viewed as fair and impartial by the student.  Therefore, before seeking outside assistance, teachers will first use their best efforts to create a change of behavior in the classroom.  When the teacher has made every effort to bring about positive behavioral change, and has been unsuccessful, the student will be referred to the building administration.  The building administration will decide what action will be taken.

 

Disciplinary action, when necessary, will be firm, fair, and consistent in order to be most effective in changing behavior.  Pursuant to section 100.2 of the Commissioner's Regulations, such action will be appropriate to the seriousness of the offense.  Extreme penalties (e.g., a one-year suspension) will not be assigned without first reviewing the student's disciplinary records and considering the circumstances which led to the improper behavior.

 

Early Identification and Resolution of Student Discipline Problems

 

Pupil service personnel, administrators, teachers, and others will report students to the Building Principal when they believe such students present a discipline problem.  The principal will conduct an investigation of the reports, which may include conferences with the complainant, student, parents, teachers, other pupil service personnel or others, as he or she deems appropriate for the early identification and resolution of the suspected problem.  If he/she suspects that the problem may be a manifestation of a disability, he/she will refer the matter to the Committee on Special Education (CSE) in the manner prescribed by the Commissioner's Regulations, IDEA, and by district policy.

 

The Superintendent will develop forms necessary for the implementation of this policy.

 

Discipline Policy for Student with Disabilities

 

Students with disabilities will be disciplined in accordance with the procedures established under applicable federal and state law and regulation.

 

In-Service Programs for Staff

 

Continuing professional growth and increasing effectiveness on the part of the entire staff are essential for the success of educational programs and the effective application of the district's student conduct and discipline policies.  The Superintendent of Schools may solicit the recommendations of the teaching staff and administrators regarding in-service programs pertaining to the management and discipline of students.  The Board may sponsor such programs annually to familiarize the professional staff with the provisions and purposes of the district's student conduct and discipline policies.  The professional staff shall be encouraged to make use of available in-service opportunities.  Such opportunities may include, within budgetary limitations, special in-service courses and workshops, summer study grants, school visitations, and attendance at professional conferences and meetings.

 

The district may provide the following types of materials and activities to assist staff with their concerns for disciplinary problems:

 

  1. related literature in the professional library;
  2. workshops on conference days;
  3. in-service classes to train staff in present trends and research; and
  4. consultants to those members of the staff needing specific techniques in maintaining control in the learning environment.

 

Cross-Ref:       4321, Program for Students with Disabilities

                                    5311, Student Rights and Responsibilities

                                    5311.3, Student Complaints and Grievances

                                    5312.1, Drug and Alcohol Abuse

                                    5313, Penalties

                                    5313.3, Student Suspension

                                    5313.4, Discipline of Students with Disabilities Under IDEA and Article 89

                                    8135, Safe School

                                    9223, Professional Staff Leaves of Absences

 

Ref:                 Education Law §§1801; 3214

                        8 NYCRR §100.2(1)1,2

 

Adoption Date:  January 20, 1998

Revision Date:  October 17, 2000

 

                                                                                                                         5311.1

 

STUDENT DUE PROCESS RIGHTS

 

In disciplinary situations, students shall have the opportunity to present their version of the facts and circumstances, and students will not be suspended unless their rights to due process, as identified in Education Law Section 3214, have been observed.  Building Principals may suspend a student for a period of up to five days.  In cases of this type, the Principal conducts an informal hearing with the student and other individuals who may have information concerning the situation.  When a suspension is imposed, the student and parent(s) are notified and a written record of the case is made.

 

If a suspension of more than five days is being considered, the Building Principal will recommend that a Superintendent’s hearing be held.  The student and his/her parents will be notified of the time and place of the hearing pursuant to New York State law.  At the hearing, conducted by the Superintendent of Schools or his/her designee, the student will have the following rights:  to examine evidence and question witnesses; to present evidence and witnesses; and to be represented by counsel.  A record of the hearing is made by stenographic transcript or by tape recording.  The Superintendent will make a decision regarding suspension based on the information presented at the hearing.  An appeal of the Superintendent's decision can be made by the student to the Board of Education.

 

Generally, school personnel will identify problems and pursue appropriate, reasonable measures to affect student behavior.  Parents, students and school personnel must work together to ensure the maintenance of the proper atmosphere for learning.  Our objective is to provide all students an equal opportunity to grow intelligently, ethically, socially, emotionally and physically.

 

The options are designed to be fundamentally fair without imposing unreasonable burdens upon school authorities or students.  General requirements in all instances include:

 

  1. oral or written notice of nature of the rules, violation of which will result in disciplinary action;
  2. an opportunity for the accused student to "tell his side of the story" to the person whose responsibility it is to assign discipline; and
  3. explanation of the evidence of violation upon which action is being taken, should the student deny the infraction has occurred.

 

When a student is referred to an administrator/designee for appropriate action, the administrator investigates the incident by meeting with the student and/or staff member, and additional students/staff as deemed necessary.

 

Parental involvement ranges from written notification of the offense and disciplinary reaction to parent conferences with staff, student, and, if need be, outside agencies/authorities.

 

             

 

5311.1

 

A proper and accurate record of the offense and response is maintained for all incidents.

 

Cross-ref:        5311, Student Rights and Responsibilities

                        5311.3, Student Complaints and Grievances

                        5313.3, Student Suspension

 

Adoption date: January 20, 1998

 

                                                                                                                                   

                                                                                                                         5311.3

 

                        STUDENT COMPLAINTS AND GRIEVANCES

 

The Board of Education recognizes that students should be provided the opportunity to be heard regarding complaints they may have.

 

Students filing complaints regarding any matter, including alleged discrimination on the basis of disability, sex, including sexual harassment, or race, including racial harassment, shall be provided with information regarding the prompt and equitable resolution of the complaint.  Furthermore, students shall have the right to present a complaint free from coercion, interference, restraint, discrimination or reprisal.

 

Students should discuss issues affecting the student body with their student government representative, when appropriate, before appealing to the school administration.

 

Building Principals shall be responsible for ensuring that appeal procedures are incorporated into discipline codes, explained to all students, and provided to all parents on an annual basis.  A copy of such procedures must be posted in every school.

 

Annual Notification

 

At the beginning of each school year, the district shall publish a notice of the established procedures for resolving complaints, including complaints of discrimination due to sex and/or disability to parents/guardians, employees, students and the community.  The public notice shall:

 

  1. state that the district’s education programs are offered without regard to race, color, national origin, creed or religion, sex, age, marital status, or disability;
  2. provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination due to sex and/or disability; and
  3. be included in announcements, bulletins, catalogues, and applications made available by the district.

 

The Superintendent of Schools shall establish procedures for the resolution of student complaints and grievances.  At a minimum, such procedures shall provide that upon receipt of a formal or informal complaint, a prompt, thorough and impartial investigation of the allegations will follow.  All witnesses shall be interviewed and complainants will be notified of the outcome of the investigation.

 

Cross-ref:         0100, Equal Opportunity

                        5300, Student Conduct

                        5310, Student Discipline

                        5311, Student Rights and Responsibilities

                        5311.1, Student Due Process Rights

                        5313.3, Student Suspension

                        5314, Corporal Punishment Complaints

5311.3

 

Ref:     Title IX, Education Amendments of 1972, 20 U.S.C. 1681

            34 CFR Parts 104; 106

            Rehabilitation Act of 1973, §504; 29 U.S.C. §794

            Education Law §3214

                                     

Adoption date: January 20, 1998

 

                                                                                                                         5311.4

 

                       CARE OF SCHOOL PROPERTY BY STUDENTS

 

The Board of Education requires that all students respect and care for school property.  Any damage to property should be reported to the main office or the appropriate teacher.

 

The Board recognizes that acts of vandalism are crimes against the school district and the community which supports the schools.  Students who willfully destroy, damage, or deface school property shall be subject to disciplinary action, as well as prosecution to the fullest extent possible under the law.  Students who damage school property, and/or their parents or guardian, shall reimburse the district for the value of the damaged property up to the limit of the law.

 

It shall be the responsibility of the Superintendent of Schools to establish and carry out written regulations addressed to acts of vandalism.

 

Cross-ref:        1520, Public Conduct on School Property

                        5312, Prohibited Conduct

                        8212, Vandalism

 

Ref:     Education Law §§1604(35); 1709(36)

 

Adoption date: January 20, 1998

 

 

 

 

                                                                                                                            5312

 

                                           PROHIBITED CONDUCT

 

The following discipline code applies to the behavior of all district students while attending school, and/or on school grounds, in school buildings, and/or participating in school-sponsored activities.  Serious or flagrant violations of the district's code of conduct can result in a hearing with the Superintendent of Schools or designee.  A student may be suspended from school or be subjected to other forms of disciplinary action when such student:

 

  1. engages in conduct which is:

 

  1. disorderly, e.g., intentionally causing public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, by:

 

                        (1)        fighting or engaging in violent behavior,

                        (2)        threatening another with bodily harm,

                        (3)        intimidating students or school personnel,

                        (4)        making unreasonable noise,

                        (5)        using abusive or obscene language or gestures, including racial or ethnic remarks which are improper,

                        (6)        obstructing vehicular or pedestrian traffic, or

                        (7)        creating a hazardous or physically offensive condition by any act which serves no legitimate purpose; or is

 

  1. insubordinate, e.g., failing to comply with the lawful directions of teachers, school administrators or other school employees in charge of the student, or missing or leaving school without permission or excuse; or

 

  1. engages in any form of academic misconduct, e.g.:

 

  1. tardiness without permission or excuse,
  2. missing or leaving school without permission or excuse,
  3. plagiarism, and/or
  4. cheating (including, but not limited to, copying, using unauthorized help sheets, illegally obtaining tests in advance, and other forms of unauthorized collusion); or

 

  1. engages in conduct which endangers the safety, morals, health or welfare of self or others by any act or conduct violative of the Board's rules and regulations for the maintenance of public order on school property, e.g.:

 

  1. vandalism or any destruction of real and/or personal property (including graffiti or arson),
  2. theft,
  3. truancy,
  4. possession/use/sale of drugs, alcohol, other controlled substances or drug paraphernalia,

             

 

5312

 

  1. possession/use/sale of firearms, weapons, fireworks, other instruments  that are reasonably determined by the proper school authority to be dangerous or a threat to the safety or security of the student or others, or contraband,
  2. possession/use/sale of obscene materials,
  3. possession or use of tobacco or tobacco products,
  4. hiding evidence of an illegal act or school violation,
  5. gambling,
  6. hazing, or
  7. engaging in lewd behavior; or

 

  1. engages in other incidents that endangers oneself or others.

 

Chronic cases of truancy shall necessitate a Person in Need of Supervision (PINS) petition as appropriate.

 

Trespassing

 

A student is not permitted in any school building, other than the one that he/she regularly attends, without permission from the administrator in charge of the building.  Should a student be found in a building without permission, the necessary authorities may be called and trespassing charges may be lodged against the student.

 

Assault Upon Staff Member

 

The Board views any situation in which a student physically assaults or abuses a staff member in any way as a most serious incident requiring:

 

  1. prompt attention and care of the staff member;
  2. a full investigation of the facts surrounding the assault;
  3. notification of the student’s parents;
  4. proper punishment of the student(s) involved; and
  5. full assurance that a repetition of the incident will be prevented.

 

Cross-ref:        1520, Public Conduct on School Property

                        5300, Student Conduct

                        5311.4, Care of School Property by Students

                        5313, Penalties

                        8135, Safe Schools

 

Adoption date: January 20, 1998

 

                                                                                                                         5312.1

DRUG AND ALCOHOL ABUSE

 

The Board of Education believes that alcohol and other substance use/abuse must be viewed with grave concern by both school and community because of its serious educational and other social implications.  It is the responsibility of the public schools to safeguard the health, character, citizenship and personality development of students in the schools and to promote conditions that are conducive to learning and working.  The Board further believes that alcohol and other substance use/abuse is not conducive to optimum learning conditions.  The Board is committed to the prevention of alcohol and other substance use/abuse, to providing a substance-free environment in the schools and to the creation and maintenance of a climate in the community that encourages residents to continually address alcohol and other substance use/abuse in their neighborhoods.  This policy describes the philosophy of the district and the program elements the district will use to promote healthy life styles for its students and to inhibit the use/abuse of alcohol and other substances.

 

No student may use, possess, sell, manufacture, purchase or distribute alcohol, other controlled substances or drug paraphernalia, on school grounds, in district-owned vehicles or at school-sponsored events, except a student may use drugs as prescribed by a physician.  The term “alcohol and/or other substances” shall be construed throughout this policy to refer to the use of all controlled substances including, but not limited to, alcohol, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any substances commonly referred to as “designer drugs.”  The inappropriate use of prescription and over-the-counter drugs shall also be prohibited.  The term “school-sponsored events” includes any and all local or foreign field trips, competitions, dances, dinners or proms regardless of location.

 

Additionally, the following persons shall be prohibited from entering school grounds or school-sponsored events:  any person exhibiting behavior, conduct, or personal or physical characteristics indicative of having used or consumed alcohol and/or other substances, or any person who school personnel have reasonable grounds to suspect has used alcohol and/or other substances, including vendors, contractors, subcontractors and visitors.

 

In order to educate students on the dangers associated with substance abuse, the curriculum shall include an integrated and comprehensive alcohol and other substance use/abuse prevention education program throughout grades K-12.  Together with the health program, the material integrated into the other curriculum areas will emphasize self-esteem, the value and maintenance of sound personal health, respect for laws and rules prohibiting the use of illegal drugs and alcohol, instruction on resisting pressure to use illegal drugs and alcohol, and the social, political and economic effects of alcohol and other substance use/abuse.

 

Any staff member, in the scope of his/her employment, observing, knowing of or suspecting controlled substance possession or usage by students shall report the incident immediately to the appropriate building or district-wide administrator.  The administrator shall then seek immediate action.  Any controlled substance found shall be confiscated immediately, followed by notification of the parent(s)/guardian(s) of the student(s) involved and the appropriate disciplinary action taken, up to and including permanent suspension and referral for prosecution.  In its effort to maintain a drug-free environment, the district shall cooperate to the fullest extent possible with local, state and/or federal law enforcement agencies.

 

Any teacher, administrator, guidance counselor, school psychologist, school drug counselor, school nurse, supervisor of attendance, attendance teacher and attendance officer, having reasonable cause to suspect that a student is a controlled substance or alcohol abuser or substance dependent, who reports such information to the appropriate officials pursuant to this policy or the parents or legal guardians of such student shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of making such a report.

 

The district will use the following principles as guides for the development of its substance use/abuse prevention efforts and for any disciplinary measures related to alcohol and other substances:

 

  • Alcohol and other substance use/abuse is preventable and treatable.

 

  • Alcohol and other substance use/abuse inhibits the district from carrying out its central mission of educating students.

 

  • The behavior of the Board, the administration, and all school staff should model the behavior asked of students.

 

  • While the district can and must assume a leadership role in alcohol and other substance use/abuse prevention, this goal will be accomplished only through coordinated, collaborative efforts with parents, students, staff, and the community as a whole.

 

Confidentiality will be maintained concerning students who voluntarily seek help for alcohol and other substance use/abuse problems in accordance with law.

 

The Superintendent of Schools is directed to develop prevention strategies which will support students who are resisting alcohol and other substance use/abuse.  The strategies will include a comprehensive alcohol and other substance use/abuse prevention curriculum, counseling, referral for rehabilitation and disciplinary measures.

 

The Superintendent is directed to develop intervention efforts that will assist alcohol and other substance involved individuals who seek help.  The intervention efforts will encourage students to:

 

  1. identify the existence of problems and their causes;
  2. organize to help solve them;
  3. identify positive alternatives to alcohol and other substance use/abuse;
  4. make constructive decisions concerning the use of drugs and alcohol; and
  5. be mutually supportive in producing an alcohol and other substance -free school environment.

 

The Superintendent shall develop and maintain an appropriate program for intervention utilizing existing employees and treatment referrals to individuals or agencies outside the school system.  An updated listing of recognized drug and alcohol counseling, treatment, rehabilitation and re-entry programs will be maintained.  This information will be provided to all students and other interested persons.

 

The Superintendent is further directed to develop administrative regulations and procedures to be utilized in cases of suspected alcohol and other substance use/abuse of students within the schools or at school functions which comply with existing laws.

                                                                                                                                   

The Superintendent is authorized to develop programs for parents and other community residents to learn about alcohol and other substance use/abuse and to encourage participation in joint school-community efforts directed at alcohol and other substance use/abuse prevention where appropriate.  The district will become involved with cooperative efforts with public and private agencies whose objectives involve alcohol and other substance use/abuse prevention.

 

The Superintendent shall maintain a high level of school security to protect the safety and welfare of students.  Therefore, to ensure against trafficking in alcohol and other substances on school property, the following measures will be instituted by the Superintendent:

 

  1. reasonable searches of student lockers and student belongings for possession of alcohol and other substances will be undertaken by Building Principals or their designees in accordance with policy 5330;
  2. doors of school buildings will be secured against unauthorized persons entering onto school property; and
  3. trespassing signs shall be posted within all buildings.

 

Students, parents and community residents shall be notified of this policy and its accompanying regulation annually.

 

Cross-ref:        5310, Student Discipline

                        5330, Searches and Interrogations      

                        5430, Student Psychological Services

                        8135, Safe Schools

 

Ref:     Drug-Free Schools and Communities Act, 20 USC §§3171 et seq.

            Drug-Free Schools and Campuses Act, 20 USC §§3224a et seq.

            Public Law 101-226

            Education Law §§804; 912-a; 3208-a; 3214

            General Municipal Law §239-u

            Mental Hygiene Law §19.07(c)

            Penal Law §§220.00 et seq.

            Public Health Law, Article 33

            8 NYCRR §§100.2(c); 135.3

            New Jersey v. T.L.O., 469 U.S. 325 (1985)

            Odenheim v. Carlstadt-East Rutherford Region School District, 211 N.J. Super. 54, 510 AD2d 709 (1985)

            People v. Scott D., 34 NY2d 483 (1974)

            Matter of Wilson, 28 EDR 254 (1988)

            Matter of Pollnow, 22 EDR 547 (1983)

            Matter of Vetter, 20 EDR 547 (1981)

            Matter of Rodriguez, 8 EDR 214 (1969)

 

Adoption date: January 20, 1998

 

 

                                                                                                                              5312.2

 

DANGEROUS WEAPONS IN SCHOOL

 

No student shall have in his or her possession upon school premises any rifle, shotgun, pistol, revolver, other firearm, knife, dangerous chemical, explosive, or any object which could be perceived or used as a weapon.  A weapon is defined as any instrument capable of firing a projectile, the frame or receiver of any such weapon, a firearm muffler or silencer, any explosive device, or any other instrument capable of inflicting bodily harm.

 

Any student found guilty of bringing a firearm, as defined in section 921 of Title 18 of the United States Code* onto school property after a hearing has been provided pursuant to section 3214 of the Education Law will be subject to at least a one-year suspension from school.  However, after this penalty has been determined, the Superintendent of Schools will review the penalty and may modify such suspension on a case-by-case basis.  If the Superintendent believes a one-year suspension penalty to be excessive, he/she may modify the penalty based on criteria including but not limited to:

 

  1. the age of the student;
  2. the student’s grade in school;
  3. the student’s prior disciplinary record;
  4. the Superintendent’s belief that other forms of discipline may be more effective;
  5. input from parents, teachers and/or others; and
  6. other extenuating circumstances.

 

The Superintendent shall refer any student, under the age of 16, who has been determined to have brought a firearm to school to Family Court; students over the age of 16 will be referred to the appropriate law enforcement authorities.

 

Students with disabilities can only be suspended consistent with the provisions of the Individuals with Disabilities Education Act and Article 89 of the Education Law.

 

Authorized law enforcement officers are the only people permitted on school property to have a weapon in their possession.

 

* According to section 921, a firearm includes any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; and any explosive, incendiary or poison gas including bombs, grenades, rockets or similar devices.  Not included in this definition are antiques firearms, knives, Class-C fireworks and rifles which are used as part of a school’s hunting or rifle clubs or military education.

 

Cross-ref:        4321, Students with Disabilities

                        5313.3, Student Suspension

                        5330, Searches and Interrogations

                        8135, Safe Schools

 

 

Ref:     Gun Free Schools Act of 1994, 20 USC §§3351; 8921; 8922

            18 USC §921

            20 USC §§1400 et seq. (IDEA)

            Education Law §3214(3)

            Education Law §§4402 et seq. (Article 89)

            Honig v. Doe, 108 S. Ct. 592 (1988)

            Guidelines Concerning State and Local Responsibilities under the Gun-Free Schools Act of 1994, National School Boards Association, January 19, 1995

 

Adoption date: January 20, 1998

 

                                                                                                                        5312.3

 

                                                                 

TOBACCO-FREE SCHOOL ENVIRONMENT

The Sachem Central School District recognizes its responsibility to promote the health, welfare and safety of students, staff and others on school property and at school-sponsored activities. In light of scientific evidence that the use of tobacco is hazardous to one’s health and to be consistent with school curriculum and federal and state law, it is the intent of the Sachem Central School District to establish a tobacco-free environment.

 

DEFINITIONS:
Tobacco means any cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product; as well as spit tobacco, also known as smokeless, dip, chew, and snuff, and any other spit tobacco product in any form.

 

School Property means any building, structure or vehicle owned, leased, or contracted by the Sachem Central School District.

 

School Grounds means property surrounding buildings and structures, athletic grounds, parking lots, or any other outdoor property owned, leased, or contracted by the Sachem Central School District.

 

No person is permitted to use tobacco in any way at any time, including non-school hours, on school property or grounds. Tobacco use is prohibited by students and staff at any school-sponsored event or activity off campus.

 

INSTRUCTION:
Instruction to discourage the misuse of tobacco shall be included in the health education curriculum provided for all elementary school pupils taught by the classroom teacher or by teachers certified to teach health education.

 

Instruction shall also be an integral part of required health education at the middle and high school levels and taught by teachers certified to teach health education. Related courses in secondary school curriculum shall be taught in a manner supportive of health education regarding tobacco. Staff responsible for teaching tobacco-use prevention shall have adequate training and participate in ongoing professional development activities to effectively deliver the education program as planned.

 

DISTRIBUTION/PROMOTION/CESSATION:
Distribution or sale of tobacco, including any smoking device is prohibited on school property, grounds and any school-sponsored event.

 

Tobacco advertising is prohibited on school property, grounds, and any school-sponsored event.

 

Referrals and access to community resources and programs to help students and staff overcome tobacco addiction shall be provided to staff and students.

 

Signs communicating this policy shall be prominently posted and properly maintained where tobacco use and smoking are regulated by this policy. Signs shall include the International “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it.

 

ENFORCEMENT
Enforcement of this policy shall be equitable and consistent in accordance with the Tobacco-Free School Policy enforcement procedures, student code of conduct, and employee personnel policies.

 

Student violation of this policy will lead to disciplinary action up to and including suspension from school. Student participation in a tobacco-cessation program and/or tobacco education class may be allowed as an alternative to discipline. Parents will be notified of violations involving their child and subsequent action taken by the school.

 

Employee violations of this policy will lead to disciplinary action in accordance with personnel policies.

 

The Superintendent will develop administrative regulations as necessary to implement this policy, including provisions for notification of the school’s policy; disciplinary consequences; and procedures for filing and handling complaints about violations of the school’s policy.

REF: NYS Education Laws, Article 9, Section 409 and Article 17, Section 804.
NYS Department of Education, Commissioner’s Regulations, Subchapter G, Part 135.
NYS Public Health Law, Article 13-E, Section 1399. (Clean Indoor Air Act)
U.S. Department of Education – No Child Left Behind, Title IV C, Sections 4301-4304, Part A.

 

Adoption Date: January 20, 1998
Revision Date: November 19, 2008

 

                                                                                                                        5312.4

 

POSSESSION OR USE OF SELF-DEFENSE SPRAY DEVICES

 

A self-defense spray device is defined as a pocket type spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air, or any like device containing tear gas, mace, pepper spray or a similar disabling agent.

 

Any student possessing or using such a device on school district property will be subject to suspension and other appropriate disciplinary measures.  If such student is under 18 years of age, he/she is guilty of a class B misdemeanor and such  possession will be reported to the police.

 

No staff member or visitor is allowed to possess or dispense mace on school property at anytime.

 

Adoption date: January 20, 1998

 

                                                                                                                            5320

 

                           STUDENT CONDUCT ON SCHOOL BUSES

 

The Board of Education believes it is crucial for students to behave appropriately while riding on district buses, to ensure their safety, that of other passengers, and the fewest possible distractions for bus drivers.

 

Some students are eligible for district transportation.  While the law requires the district to furnish transportation for such students, it does not relieve parent(s) or guardian(s) of the responsibility for supervision until such time as the child boards the bus in the morning and after the child leaves the bus at the end of the school day.  Only after a child boards the bus does he/she become the responsibility of the district.  Such responsibility shall end when the child is delivered to the regular bus stop at the close of the school day.

 

All students who are eligible for district transportation shall receive instruction that will make them aware of the proper way to board and depart school buses.

 

Since the school bus may be regarded as an extension of the classroom, children are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior.  Every school bus shall have a sign posted in a conspicuous place which will list the rules of behavior on buses for every passenger to read.  To ensure proper behavior and safety on district buses, all students shall comply with the following rules:

 

  1. Students will remain seated on buses.
  2. Conduct must be orderly, i.e., excessive noise, pushing, shoving and fighting will not be tolerated.
  3. Students must keep bus aisles clear.
  4. No part of the body may be outside a bus.
  5. The bus driver will be obeyed at all times.
  6. No one may smoke on a school bus.
  7. Students waiting for buses will conduct themselves properly in respect to the rights and property of others.

 

If a child does not conduct himself/herself properly on a bus, such instances shall be brought to the attention of the Superintendent by the bus driver.

 

Children who become a serious disciplinary problem may have their riding privileges suspended by the Superintendent.  In such cases, the parent(s) or guardian(s) of the children involved become responsible for seeing that their children get to and from school safely.  Should the suspension from transportation amount to a suspension from attendance, the school district will make appropriate arrangements to provide for the student's education.

 

The Superintendent of Schools will establish additional rules and regulations that will maintain order and encourage students to demonstrate self-discipline on the buses.

 

Cross-ref:        8135, Safe Schools     

                        8410, Student Transportation

 

Ref:     Education Law §3635

            Matter of Hale, 30 EDR 26 (1990)

 

Adoption date: January 20, 1998

 

                                                                                                                            5400

 

                                               STUDENT WELFARE

 

Student welfare is the central priority of the Board of Education.  The Board recognizes that the school district has a responsibility to ensure the safety and security of the students in its care.  The Board is dedicated to the promotion of student welfare through appropriate medical services, psychological services, social services and support services.

 

Adoption date: January 20, 1998


 

                                                                                                                             5405

            WELLNESS POLICY

 

5405 Wellness Policy: Click on the link to the left to view the revised Wellness Policy

                                                                                                                             5410

            STUDENT INSURANCE

 

Whenever reasonable and practicable, student insurance will be provided by the school district for all students attending district schools.  The specific limits of the coverage are listed in certificates of insurance issued to each student.  Generally, the district plan includes coverage to and from home or from the time the student gets on the bus in the afternoon.  There may be a deductible amount for that part of the claim that is not covered by the parent's/guardian's personal health insurance.

 

All after-school activities as well as intramural and interscholastic athletics are covered.

 

Adoption date: January 20, 1998


                                                                                                                            5420

STUDENT HEALTH SERVICES

The Board of Education recognizes that good student health is vital to successful learning and realizes its responsibility, along with that of parent(s) or guardian(s), to protect and foster a safe and healthful environment for the students.

The school shall work closely with students' families to provide detection and preventive health services.   In accordance with law, the school will provide vision, hearing, dental inspection, and scoliosis screening.   Problems shall be referred to the parent(s) or guardian(s) who shall be encouraged to have their family physician/dentist provide appropriate care.

In order to enroll in school, a student must submit a health certificate within 30 calendar days after entering school, and upon entering second, fourth and tenth grades.   The examination must have been conducted no more than 12 months before the first day of the school year in question.   If a student is unable to furnish the health certificate, the school will provide a physical examination by a licensed provider.   A request for exemption from the physical examination, or the requirement to provide a health certificate, must be made in writing to the school principal or designee, who may require documents supporting the request.   The only basis for exemption is a claim that the physical examination is in conflict with the parent or guardian's genuine and sincere religious belief.

In addition, students will be asked to provide a dental health certificate in order to enroll in school and in accordance with the same schedule as the health certificate.

Schools shall also provide emergency care for students in accidental or unexpected medical situations.   Additionally, schools shall include within their emergency plans, a protocol for responding to health care emergencies, including anaphylaxis.  

A permanent student health record shall be part of a student's cumulative school record and should follow the student from grade to grade and school to school along with his/her academic record.   This record folder shall be maintained by the school nurse.

Communicable Diseases

It is the responsibility of the Board to provide all students with a safe and healthy school environment.   To meet this responsibility, it is sometimes necessary to exclude students with contagious and infectious diseases, as defined in the Public Health Law, from attendance in school.   Students will be excluded during periods of contagion for time periods indicated on a chart developed by the school nurse.

It is the responsibility of the Superintendent of Schools, working through district health personnel, to enforce this policy and to contact the county or local health department when a reportable case of a communicable disease is identified in the student or staff population.

Administering Medication to Students

Neither the Board nor district staff members shall be responsible for the diagnosis or treatment of student illness.   The administration of prescribed medication to a student during school hours shall be permitted only when failure to take such medicine would jeopardize the health of the student, or the student would not be able to attend school if the medicine were not made available to him/her during school hours, or where it is done pursuant to law requiring accommodation to a student's special medical needs (e.g., Section 504 of the Rehabilitation Act of 1973).   "Medication" will include all medicines prescribed by a physician.

Before any medication may be administered to or by any student during school hours, the Board requires:

  1. the written request of the parent(s) or guardian(s), which shall give permission for such administration and relieve the Board and its employees of liability for administration of medication; and
  2. the written order of the prescribing physician, which will include the purpose of the medication, the dosage, the time at which or the special circumstances under which medication shall be administered, the period for which medication is prescribed, and the possible side effects of the medication.

Both documents shall be kept on file in the office of the school nurse.

Life-Threatening Allergies and Anaphylaxis Management

The Board recognizes its role and responsibility in supporting a healthy learning environment for all students, including those who have, or develop, life-threatening allergies.   The district will work cooperatively with the student, their parent/guardian and healthcare provider to allow the child to participate as fully and as safely as possible in school activities.   When a student has a known life-threatening allergy reported on their health form or if the district has been informed by the parent of the presence of a life-threatening allergy, the district will assemble a team, which may include the parent, the school nurse, the child's teacher, the building principal and other appropriate personnel, which will be charged with developing an individual health care plan.   The plan will be maintained by the school nurse. The plan will guide prevention and response.   If the student is eligible for accommodations based upon the IDEA, Section 504 or the Americans with Disabilities Act, the appropriate procedures will be followed regarding identification, evaluation and implementation of accommodations.

Regulations

The Superintendent of Schools shall develop comprehensive regulations governing student health services.   Those regulations shall include the provision of all health services required by law, procedures for the maintenance of health records, and procedures for the administering of medication to students.

Schools shall make a nebulizer available on-site in school buildings where nursing services are provided.   Students with a patient-specific order, who require inhaled medications, shall have access to the nebulizer.   Furthermore, schools will ensure that the device is maintained in working order.   This provision is contingent upon funding from the State Education Department.

Adoption date: January 20, 1998
Revised date:  
Revised date:   March 18, 2009

Ref : Education Law §§310 (provisions for appeal of child denied school entrance for failure to comply with immunization requirements); 901 et seq. (medical, dental and health services); 6909 (emergency treatment of anaphylaxis)

Public Health Law §§613 (annual survey); 2164 (immunization requirements)

8 NYCRR § 64.7 (administration of agents to treat anaphylaxis); Part 136 (school health services program)

Administration of Medication in the School Setting Guidelines , State Education Department, revised April 2002

Immunization Guidelines: Vaccine Preventable Communicable Disease Control , State Education Department, revised August 2000

STUDENT HEALTH SERVICES REGULATION

  1. Immunization

Children must receive immunizations for diphtheria, polio, measles, mumps, rubella, hepatitis B, Haemophilus Influenzae Type b (Hib), pertussis, tetanus, pneumococcal disease (for children born on or after January 2008) and varicella prior to entering or being admitted to school.

Parents must provide acceptable proof indicating required receipt of all vaccines in accordance with law and regulations.   A child may be excluded from the immunization requirements based on a physician determined health reason or condition.   This medical exemption must be signed by a physician licensed to practice in New York State.    A child may also be excluded from the immunization requirements because the child's parent/guardian holds a genuine and sincere religious belief which is contrary to the practice of immunization.  

A child will not be admitted to school or allowed to attend school for more than 14 days without an appropriate immunization certificate or acceptable evidence of immunization. This period may be extended to 30 days on a case-by-case basis by the Building Principal if the child is transferring from another state or country and can show a good faith effort to get the necessary certification or other evidence of immunization.    

When a student transfers out of the district, the parent/guardian will be provided with an immunization transfer record showing the student's current immunization status which will be signed by the school nursing personnel or the school physician. A transcript or photocopy of the immunization portion of the cumulative health record will be provided to the new educational institution upon request.

  1. Administering Medication to Students in School

The administration of prescribed medication to a student during school hours is permitted only when the medication is necessary to allow the student to attend school or failure to administer the medication would seriously affect the student's health.

Parent(s) or guardian(s) must present the following information:

  1. a note from the family doctor containing the following information: student's name, the date and name of the medicine, dosage and time to be administered, and list of possible side effects; and,
  2. a note from the parent(s) or guardian(s) giving the school nurse, teacher, Principal or other school staff permission to administer the medication; or
  3. a medication request form (which includes the family doctor and parent signatures) must be filed with the school nurse.

The school nurse shall develop procedures for the administration of medication, which require that:

  1. all medications will be administered by a licensed person unless the child is self-directed;
  2. medications shall be securely stored in the office and kept in their original labeled container, which specifies the type of medication, the amount to be given and the times of administration; the school nurse shall maintain a record of the name of the student to whom medication may be administered, the prescribing physician, the dosage and timing of medication, and a notation of each instance of administration; and
  3. all medications shall be brought to school by the parent(s) or guardian(s) and shall be picked up by the parent(s) or guardian(s) at the end of the school year or the end of the period of medication, whichever is earlier.   If not picked up within five days of the period of medication, the medication shall be discarded.

An adult must bring the medication to school in the original container.   The administering staff member should clearly label the medication with the time to be given and dosage.

Administering medication on field trips and at after-school activities . Taking medication on field trips and at after-school activities is permitted if a student is self-directed in administering their own medication.   On field trips or at other after-school activities, teachers or other school staff may carry the medication so that the self-directed student can take it at the proper time.

If a student is going on a field trip but is not self-directed (i.e., fully aware and capable of understanding the need and assuming responsibility for taking medicine), then the district may:

  • permit the parent or guardian to attend the activity and administer the medication.
  • permit the parent to personally request another adult who is not employed by the school to voluntarily administer the medication on the field trip or activity and inform the school district in writing of such request.
  • allow the student's health care provider to be consulted and, if he/she permits, order the medication time to be adjusted or the dose eliminated.

                        If no other alternative can be found, a school nurse or licensed person must administer the medication.

Administering epi-pen in emergency situations. The administration of epinephrine by epi-pen has become an accepted and extremely beneficial practice in protecting individuals subject to serious allergic reactions (e.g., individual has an anaphylactic reaction to a wasp sting or the ingestion of peanut butter).

Pursuant to Commissioner's regulations, registered professional nurses may carry and administer agents used in non-patient specific emergency treatment of anaphylaxis.

In addition, pursuant to SED guidelines, school nurses may provide training to unlicensed school staff in administering epi-pens, prescribed by a licensed prescriber, to a child who has been diagnosed with the potential for a severe reaction, in the event of the onset of a serious allergic reaction when a nurse is not available.  

  1. Student Medical Exams

In accordance with Sections 903 and 904 of the state Education Law, each student shall have a physical exam given by the school doctor or family physician (including a physician, physician assistant or nurse practitioner) upon entrance to school and at grades pre-kindergarten or kindergarten, two, four, seven and ten.   Findings are to be kept on record at the school on forms that can be obtained from the school nurse.   In addition, the school will request a dental health certificate according to the same schedule.  

A student may be excluded from the medical examination requirements because the child's parent/guardian holds a genuine and sincere religious belief which is contrary to medical examinations.   The request for exemption must be in writing to the principal or his/her designee.

In the event that the student's medical history reveals that they have a known life-threatening allergy, the school nurse, in conjunction with the family, student, child's teacher, and other appropriate staff, will develop and implement an individual health care plan which will guide prevention and response.

The district will work with students in the self-management of their life-threatening allergy, or other chronic health conditions, by:

  1. Adequately training staff involved in the care of the child.
  2. Assuring the availability of the necessary equipment and/or medications.
  3. Providing appropriately licensed and trained persons on school premises, as required by law.
  4. Providing ongoing staff and student education.
  1. Illness in School

If a student becomes ill in school:

  1. The nurse will determine if the student should remain in the dispensary or return to class.
  2. The nurse will call the parent, guardian or substitute parent if he/she feels the student should go home.   In general, a parent or guardian will pick up the student from school.
  3. The nurse will contact the Building Principal if he/she feels the child should be transported by bus to the home.
  4. If there is to be a change in bus routing in order to carry the student to his/her home, that decision will be made by the administrator and the transportation supervisor.
  5. If the route is to be changed, the transportation supervisor shall inform the bus driver.
  6. If no parent, guardian or substitute parent picks up the student at school, or if no parent/guardian or substitute parent will be home, the student will remain in the nurse's office until such time as a parent, guardian or substitute parent becomes available to assume responsibility for the child.
  1. Medical Emergency Record

All students shall have on file a medical emergency record which shall state the name and telephone numbers of the following:

  1. the student's parent(s) or guardian(s) at home and work;
    2. the student's next of kin;
    3. a neighbor;
    4. the family physician;
    5. preferred hospital;
    6. any allergies or serious health conditions.

Adoption date:    March 18, 2009


                                                                                                                            5430

 

                            STUDENT PSYCHOLOGICAL SERVICES

 

The Board of Education recognizes the need to provide appropriate psychological services to those students in need of such service.  The district shall employ a certified school psychologist to perform such services.

 

The Board also recognizes the need to provide psychological testing for certain students.  In order to administer such tests, written referral by the psychologist and written permission must be obtained from parents/guardians of students who are under the age of eighteen.

 

Cross-ref:  5312.1, Drug and Alcohol Abuse

                    5460, Suspected Child Abuse and Maltreatment

 

Ref:     Education Law §3602(32)

            8 NYCRR §100.1,2

 

Adoption date: January 20, 1998


                                                                                                                            5431

 

                                            SUICIDE PREVENTION

 

Adolescent suicide is a major cause of death for teenagers.  The Board of Education shall attempt to address the problem through intervention, prevention and education.

 

It is understood that all district employees do not have expertise either in the general area of mental health care nor the specific area of adolescent suicide.  However, some school personnel and most specifically guidance counselors and teachers shall receive training to assist them to recognize clues and give help once suicide appears as a possibility for a student known to them.  The Superintendent of Schools is responsible for planning and implementing personnel inservice programs which address the problem of adolescent suicide.  The programs may be planned in cooperation with the state or community mental health agency.

 

Adoption date: January 20, 1998

 

ALCOHOL CONSUMPTION BY STUDENTS AND BREATH ALCOHOL ANALYZER TESTING

  

5441 Alcohol Consumption by Students and Breath Alcohol Analyzer Testing Policy: Click on the link to the left to view the Policy

 

                                                                                                                            5450

 

                                                STUDENT SAFETY

 

The Board of Education recognizes the district's responsibility for ensuring the safety of all students in school buildings or on school grounds, and/or participating in school activities.

 

The safety of all students shall be the responsibility of all staff members.  In case of accident or injury, students shall receive first aid from the nurse, teacher, or other trained employee nearest the scene.  The nurse or teacher shall notify the parent(s) as soon as possible or, if neither parent(s) nor guardian(s) is available, the family or school physician shall be notified.

 

The safety of students will be assured through close supervision of students on school premises and on school buses.  Special attention will be given to the following:

 

  1. maintaining a safe school environment through periodic inspection of the physical condition of all buildings and grounds;
  2. observation of safe practices on the part of school personnel and students, particularly in those areas of instruction or extracurricular activities which offer special hazards.  Section 409-a of the Education Law and the relevant sections of the Commissioner's Regulations regarding the wearing of eye safety devices in shops and laboratories, etc. will be strictly observed;
  3. offering safety education to students, as appropriate, in subjects such as laboratory courses in science, shop courses, and health and physical education; and
  4. notifying the school nurse of all accidents.  For every accident, an accident report must be completed and filed.

                

In addition, school personnel shall be conscious of suspicious strangers loitering in or near the school.  The Superintendent shall notify law enforcement agencies if the circumstances seem to warrant it.  Students shall be instructed to notify teachers, their parents/guardian(s), police or school officials of any suspicious strangers.

 

The Board recognizes its responsibility to include in the curriculum instruction that deals with student safety and welfare.  Such instruction will meet state mandates in the following areas:

 

  1. fire and arson instruction;
  2. bus emergency drills;
  3. disaster planning and civil preparedness;
  4. substance abuse prevention;
  5. driver safety;
  6. the use of safety devices;
  7. energy conservation; and
  8. environmental conservation.

 

Safety Measures

 

  1. Fire drills are to be conducted on a regular basis and at least as often as required by law.
  2. The Superintendent or Building Principal is responsible for a decision to close school. It is the Principal’s decision to evacuate the school in case of an emergency.

 

The safety and welfare of the children is to be the prime consideration in such decisions. 

 

Cross-ref5450.1, Notification of Release of Convicted Sex Offenders

                    8100, Safety Program

                    8120, Accident Prevention and Safety Procedures

                    8115, Pesticides and Pest Management

                    8130, Emergency Plans

                    8132, Fire Drills

                    8414, School Bus Safety

 

Ref:     Education Law §§806; 807; 808; 3212-a

            8 NYCRR §§107.l; 141.10

 

Adoption date: January 20, 1998

Revision date: September 21, 1999


                                                                                                                         5450.1

 

NOTIFICATION OF RELEASE OF

CONVICTED SEX OFFENDERS

           

           

The Board of Education recognizes its responsibility for the health and safety of the students enrolled within the district and for those youngsters receiving services or participating in programs or events on school district property.  In light of that responsibility, the Board is desirous of taking appropriate precautionary measures in situations where the district has been advised by law enforcement officials that a convicted sex offender resides within the district’s geographic boundaries.

 

Where school officials are advised that an individual convicted of a sexual offense resides within the school district, the district shall give notice in accordance herewith in order to minimize the possibility that the released sex offender will come into contact with school-age children.  Furthermore, the district determines that cooperation with local law enforcement officials will best promote and protect the safety and well-being of its students.

 

It is a policy of the Board that whenever information is received from local law enforcement officials under the Sex Offender Registration Act, that a registered convicted sex offender is residing within the school district, such information may be disseminated after consideration of various factors, including but not limited to the nature of the offense against the victim, to the following or entities:

 

  1. Building Principals;
  2. Appropriate administrative and teaching staff;
  3. Security personnel and those responsible for monitoring persons visiting on school district property;
  4. Custodians;
  5. Athletic Coaches;
  6. Supervisors of school-related organizations or programs which regularly meet or are regularly conducted on school district property;
  7. Bus Drivers

 

In addition to the foregoing, the district will comply with the requirements of the Freedom of Information Law and will provide information received from law enforcement officials in response to written requests for information concerning the release of convicted sex offenders pursuant to the Freedom of Information Law.  The Superintendent of Schools reserves the right to disseminate such information to such additional individuals or groups of individuals who, in the opinion of the Superintendent have a legitimate need to be notified of such information in order to protect the health, safety or welfare of school district students. 

 

Upon adoption of this policy, the Superintendent shall publish and mail a letter to all postal patrons within the school district informing them that the District maintains copies of sex offender notifications implemented by law enforcement which can be accessed, upon request, at any of the elementary or secondary schools and District Office.  This letter shall further inform residents that the District will be benefiting from a new no-cost email sex offender notification program made available by Parents for Megan's Law (PFML).  This program will allow residents, upon registration, to be informed each time a sex offender notification is implemented by Suffolk or Nassau County Law Enforcement.  This letter shall describe the email notification system and include a registration form.  This letter shall also reiterate safety and security measures employed by the District, and those that should be taken by parents/guardians at home.  It is at the discretion of the District, as a reminder to the community, to implement the same mailing each new school year.

 

The District shall post in the school calendar, website and all district newsletters information about how to subscribe to the Parents for Megan's Law (PFML) email sex offender alert policy.  Upon new student registration, the District shall inform all parents/guardians when registering new students and offer them an email alert subscription form.  Upon request, information provided by the applicable law enforcement agency shall be made available.  The information shall include all information provided by law enforcement. 

 

Any individual receiving notice hereunder shall inform appropriate school officials if they observe on school property any individual whose description matches that of a released sex offender.

 

 

Cross-ref:         1120, School District Records

                        1240, Visitors to the Schools

                        5450, Student Safety

 

 

Ref:      Shante D. v. City of New York, 83 NY2d 948 (1994)

            Mirand v. City of New York, 84 NY2d 44 (1994)

            Stoneking v. Bradford Area S.D., 882 F.2d 720 (2d Cir. 1989)

Guidelines for the Supervision of Sex Offenders (Revised), NYS Div. of Parole, August 1994

Information relating to Notification by Parole of Release of Sex Offenders, Memorandum to Superintendent of Schools from Executive Director, NYS Council of School Superintendents, November 9, 1994

 

Adoption date: January 20, 1998

Revision date: March 16, 1999

Revision date: June 21, 2005 

 

                                                                                                                            5453

 

                                           STUDENT BICYCLE USE

 

Students are permitted to ride bicycles to school.  Bicycles must be parked and locked in the designated rack areas.  While on school grounds, all bicycle riders should ride with caution and abide by all rules associated with New York State traffic and safety laws.  Any student found to be endangering the safety of himself/herself or others while riding a bicycle on school grounds will have his/her bicycle privileges denied.

 

Adoption date: January 20, 1998


                                                                                                                            5454

 

                                      STUDENT AUTOMOBILE USE

 

Students with a valid driver's license may be eligible to drive to school and park on school grounds as per building policy.  Sections of the school parking lot are allotted to such students.

 

Misuse of driving privileges may lead to revocation of the parking permit.

 

Adoption date: January 20, 1998


                                                                                                                            5460

 

                  SUSPECTED CHILD ABUSE AND MALTREATMENT

 

The Board of Education deplores all instances of child neglect and abuse.  The Board recognizes that because of their sustained contact with school-aged children, employees are in an excellent position to identify abused or maltreated children and refer them for treatment and protection.  The district shall fully comply with all laws related to abused and neglected children.

 

The purpose of mandatory reporting is to identify suspected abused and maltreated children as soon as possible, so that such children determined to be abused or maltreated can be protected from further harm and, where appropriate, can be offered services to assist him or her and his or her family.

 

Pursuant to applicable law, any school official or employee who has reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment will immediately report this to the Building Principal who will report the case to the New York State Child Abuse and Maltreatment Register, as required by law.

 

The report shall be made by telephone or by telephone facsimile machine on a form supplied by the Commissioner of Social Services.  A written report shall be made within forty-eight hours to the appropriate local child protective service, and to the statewide Central Register for Child Abuse and Maltreatment.

 

School employees and officials will not contact the child's family or any other person to determine the cause of the suspected abuse or maltreatment.  It is not the responsibility of the school official or employee to prove that the child has been abused or maltreated.

 

Any school official or employee who has cause to suspect that the death of any child is a result of child abuse or maltreatment must report that fact to the appropriate medical examiner or coroner.

 

In accordance with the law, any employee who fails to report an instance of suspected child abuse or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the damages caused by the failure to report.  The law grants employees and other persons who report instances of child abuse immunity in good faith from any liability that might otherwise be incurred.

 

The district will cooperate to the extent possible with authorized child protective services workers in investigations of alleged child abuse.

 

The school district shall maintain an ongoing training program which will address the identification and reporting of child abuse and maltreatment.  Attendance at sessions of this training program shall be required of all district employees who come in contact with students.  Attendance records shall be kept, and notations will be made in personnel files as to the dates of attendance.


The Superintendent shall develop, with input from appropriate personnel, a plan for implementation of such a training program, to be approved by the Board.  In addition, the policy and regulations will be distributed annually to all personnel.  The Superintendent will prepare and implement appropriate administrative regulations.

                                                                                                                                   

A copy of this policy, along with the administrative regulations explaining the reporting requirements, shall be distributed to all members of the professional staff.

 

Cross-ref:  5314, Corporal Punishment Complaints

                    5430, Student Psychological Services

                    5500, Student Records

 

Ref:     Child Protective Services Act of 1973, Social Services Law §§411 et seq.

            Family Court Act §1012

            Family Educational Rights and Privacy Act,

               20 USC §1232g, 45 CFR §99.36

            Education Law §3209-a

 

Adoption date: January 20, 1998


                                                                                                                            5470

 

                                              MISSING CHILDREN

 

The Board of Education finds the abduction of children a heinous offense.  Therefore, the schools of the district shall make every effort to identify possible missing children and to notify the proper agencies and authorities.  A missing child is defined as a person under age 18 missing from his/her normal residence and whose whereabouts cannot be determined by a person responsible for the child's care and any child known to have been taken, enticed or concealed from the custody of his/her lawful guardian by a person who has no legal right to do so.

 

In accordance with law, a Building Principal or other designated employee who has reasonable cause to believe that a student may be a possible missing child shall immediately report and make inquiry of the Statewide Central Register for Missing Children.  This would include reporting any child for whom proof of age was unavailable upon admission to school.  If it is indicated that such child may be a possible missing child, the Principal shall immediately notify local law enforcement.

 

The Superintendent of Schools shall cooperate with the New York State Division of Criminal Justice Service to determine whether any child who has been identified as missing is currently or has previously been enrolled in one or more of the district's schools.  If so, the student's records shall be prominently flagged and identified so that personnel can readily ascertain that it is the record of a missing child.  District personnel shall promptly report to the State Division of Criminal Justice Services and local law enforcement any request concerning such flagged records.

 

The Superintendent shall establish procedures for implementing this policy.

 

Cross-ref5500, Student Records

 

Ref:     Education Law §§3212; 3222

            Executive Law §837-e

 

Adoption date: January 20, 1998


                                                                                                                            5500

 

                                              STUDENT RECORDS

 

The Board of Education recognizes the legal requirement to maintain the confidentiality of student records. The procedures for the confidentiality of student records shall be consistent with federal statutes, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations, and the Commissioner’s Regulations.

 

The Board also  recognizes its responsibility under the Local Government Records Law to ensure the orderly retention and disposition of the district’s student records.

 

The Superintendent of Schools shall be responsible for ensuring that all requirements under federal statutes and Commissioner’s Regulations shall be carried out by the district.

 

Annual Notification

 

At the beginning of each school year, the district shall publish in a local newspaper a notice to parent(s) or guardian(s) and students 18 years of age or older (“eligible students”) currently in attendance of their rights under FERPA and this policy. The district shall also send home a bulletin listing these rights, which will also be included with a packet of material provided parents or an eligible student when the student enrolls during the school year.

 

The notice must include a statement that the parent or eligible student has a right to:

 

  1. inspect and review the student’s education records;
  2. a specification of the intent of the school district to limit the disclosure of personally identifiable information contained in a student’s education records except:
  3. by prior written consent of the student’s parent(s) or guardian(s) or the eligible student;
  4. as directory information; or
  5. under certain limited circumstances, as permitted by FERPA.
  6. request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights;
  7. file a complaint with the U.S. Department of Education alleging failure of the district to comply with FERPA and its regulations; and
  8. obtain copies of this policy and the locations where copies may be obtained.

 

The policy applicable to the release of student directory information (see 2.b above) applies equally to military recruiters, the media, colleges and universities, and prospective employers.  The district hereby designates as directory information the following pertaining to students as may be appropriate under the circumstances:  name of students, participation in recognized school activities, extracurricular activities and sports programs, academic honors, achievements, awards, scholarships, photographs, and similar information.    Parents and eligible students may choose not to allow the district to release directory information.

 

The district shall arrange to provide translation of this notice to non-English speaking parents in their native language.

                                                                                                                                   

Cross-ref:  1120, School District Records

                    4321, Programs for Students with Disabilities

                    5170, Student Attendance Accounting

                    5460, Suspected Child Abuse and Maltreatment

                    5470, Missing Children

 

Ref:     Family Educational Rights & Privacy Act 20 USC 1232g; 34 CFR Part 99

            Education Law §§2(13); 225; 301

            Public Officers Law §87(2)(a)

            Arts and Cultural Affairs Law, Article 57-A

            Civil Practice Law and Rules §§2303; 2307

            Matter of Board of Education of City of New York v. Regan 131 Misc. 2d514 (1986)

            8 NYCRR Part 185

            Records Retention and Disposition Schedules for Use by School District, Schedule ED-1 (1991)

 

Adoption date: January 20, 1998

Revision date:  November 20, 2001

 

                                                                                                                  5550

STUDENT PRIVACY

The Board of Education recognizes that student surveys are a valuable tool in determining student needs for educational services. Parents have the right to inspect all instructional material that will be used for a survey, analysis, or evaluation as part of a U.S. Department of Education (DOE)-funded program. In addition, no minor student may, without written parental consent, take part in a survey, analysis or evaluation funded in whole or in part by the U.S. DOE that reveals information concerning:

  1. political affiliations or beliefs of the student or the student's parent;
    2. mental or psychological problems of the student or the student's family;
    3. sexual behavior or attitudes;
    4. illegal, anti-social, self-incriminating or demeaning behavior;
    5. critical appraisals of other individuals with whom respondents have close family relations;
    6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
    7. religious practices, affiliations or beliefs of the student or the student's parent; or
    8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Parents/guardians shall have the right to inspect, upon request, any instructional material, used as part of the educational curriculum for students. "Instructional material" is defined as: "instructional content that is provided to a student, regardless of format including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). It does not include tests or academic assessments."

A parent/guardian who wishes to inspect and review such instructional material shall submit a request in writing to the Building Principal. Upon receipt of such request, arrangements shall be made to provide access to such material within 30 calendar days after the request has been received.

Parents/guardians and eligible students, shall also have the right to inspect, upon their request, a survey created by a part other than the U.S. DOE before the survey is administered or distributed by a school to a student. Such requests must be submitted, in writing, to the Building Principal with a response to be at least two weeks in advance of any survey to be given.

It is the policy of the Board not to permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling that information or providing it to others for that purpose. "Personal Information" is defined as individually identifiable information concerning the student, including a student's or parent's first and last name, home address, telephone numbers or social security number. This does not apply to the collection, disclosure, or use of personal information collected from student for the exclusive purpose of developing, evaluating or providing educational products or services as permitted by law.

In the event of such collection, disclosure or use of personal information gather from students, student privacy shall be protected by the school district pursuant to the requirement of FERPA.


Parent/guardians have the right to submit a written statement to opt their child out of participation in the following activities:

  1. The collection, disclosure and use of personal information gathered from students for the purpose of marketing or selling that information, or providing it to others for that purpose. Upon request, parents/guardians have the right to inspect any such instrument before it is administered or distributed to their child. This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services, for to students or educational institutions, such as:
  2. College or other postsecondary education recruitment, or military recruitment;
    b. Book clubs, magazines and program providing access to low-cost literary products;
    c. Curriculum and instructional materials used in schools;
    d. Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for students or to generate other statistically useful data for the purpose of securing such tests and assessments, and the subsequent analysis of public release of aggregate data from such tests and assessments;
    e. Student recognition programs; and
    f. The sale by students of products or services to raise funds for school-related activities.
  3. The administration of any survey revealing information concerning one or more of the following:
  4. political affiliations or beliefs of the student or the student's parent;
    b. mental or psychological problems of the student or the student's family;
    c. sexual behavior or attitudes;
    d. illegal, anti-social, self-incriminating or demeaning behavior;
    e. critical appraisals of other individuals with whom respondents have close family relations;
    f. legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
    g .religious practices, affiliations or beliefs of the student or the student's parent; or
    h .income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
  5. The administration of any non-emergency, invasive physical examination or screening that is: (1) required as a condition of attendance; (2) administered by the school and scheduled by the school in advance; and (3) is not necessary to protect the immediate health or safety of the student or other students and not otherwise permitted or required by law.

Parents/guardians and eligible students shall be notified at least annually, at the beginning of the school year, and when enrolling students for the first time in district schools of this policy. The school district shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.

 

Cross-Ref: 5240, Student Health Services
5550, Student Records

Ref: 20 USC §1232h (No Child Left Behind Act)
34 CFR Part 98
Education Law §903

Adoption Date: April 17, 2007


                                                                                                                            5620

 

                                            PREGNANT STUDENTS

 

The Board of Education recognizes the opportunity to receive an education as a prerequisite to leading a full and productive life.  Therefore, pregnant students will be encouraged to continue participation in the public school program.

 

As soon as pregnancy is medically confirmed, the Board recommends that the student and her parent(s) or guardian(s) consult with the Building Principal and other appropriate staff to plan an appropriate education program.

 

A minor under the compulsory attendance age must continue her education.  During pregnancy and the period of pregnancy-related disability which follows childbirth, a student shall be entitled to home instruction, upon the request and submission of a physician's note recommending homebound instruction.  Every effort will be made to see that the educational program of the student is disrupted as little as possible; that available student health and counseling services, as well as instruction, are provided; that the student is encouraged to return to high school after delivery; and that every opportunity is given to complete high school.  A pregnant student who desires to attend regularly scheduled classes prior to the time of childbirth may do so to the extent that her physician approves of such attendance.  A minor under the compulsory attendance age must return to school after the period of disability that follows childbirth.

 

Cross-ref:  4324, Programs for Pregnant Students

 

Ref:     Ordway v. Hargraves, 323 F Supp 1155 (1971)

            Perry v. Grenada Municipal Separate School District, 300 F Supp 748  (1969)

            Matter of Murphy, 11 EDR 180 (1972)

 

Adoption date: January 20, 1998


                                                                                                                            5650

 

       STUDENT VOLUNTEERS FOR SCHOOL AND PUBLIC SERVICE

 

The Board of Education recognizes the social and scholastic benefits derived from student participation in various community-sponsored activities.  However, neither an individual nor the school as a whole shall be permitted to use school time in working on community-sponsored projects unless such an undertaking is deemed to contribute to the educational program.  The administration has the responsibility to develop procedures for community groups to request student involvement during school hours, as well as guidelines for the consideration of such request. 

 

Adoption date: January 20, 1998


                                                                                                                            5680

 

                              STUDENT FEES, FINES AND CHARGES

 

Students are expected to exercise reasonable care in the use of school equipment and any damage done to library books, textbooks or other school equipment must be paid for by them.

 

Lost textbooks and other school equipment should be reported to the Building Principal.  The students or his/her parent(s)/guardian(s) will be expected to make restitution.

 

Adoption date: January 20, 1998

 


                                                                                                                            5800

 

                           STUDENT AWARDS AND SCHOLARSHIPS

 

The Board of Education mandates that all students regardless of race, color, creed, sex and national origin, religion, age, economic status, marital status or disability shall be eligible for all awards and scholarships given or disseminated by the school district. 

 

Eligible candidates for academic or other achievement awards will be selected on the basis of academic achievement, school citizenship, and/or co-curricular performance, as applicable to the type of award being given.

 

Scholarships to students will be awarded on the basis of the criteria established by the benefactor.

 

Cross-ref:  1800, Gifts from the Public

 

Ref:     Education Law §§404; 1709

            Matter of Wilson, 59 NY2d 461

 

Adoption date: January 20, 1998