Section 5000: Non-Instructional Business Operations
Table of ContentS
- Policy 5110 Budget Planning and Development
- Policy 5120 School District Budget Hearing
- Policy 5130 Budget Adoption
- Policy 5140 Administration of the Budget
- Policy 5150 Contingency Budget
- Policy 5210 Revenues
- Policy 5220 District Investments
- Policy 5230 Acceptance of Donations to the School District
- Policy 5240 School Tax Assessment and Collection
- Policy 5241 Property Tax Exemption for Senior Citizens
- Policy 5250 Sale and Disposal of School District Property
- Policy 5310 Bonding of Employees and School Board Members
- Policy 5320 Expenditures of School District Funds
- Policy 5321 Use of the District Credit Card
- Policy 5322 Use of the District Cell Phone
- Policy 5323 Reimbursement for Meal Expenses Incurred During Staff Meetings
- Policy 5330 Budget Transfers
- Policy 5340 Borrowing of Funds
- Policy 5350 Payroll Procedures
FISCAL ACCOUNTING AND REPORTING
- Policy 5510 Accounting of Funds
- Policy 5511 Types of Funds
- Policy 5512 Audits
- Policy 5520 Extraclassroom Activities Funds
- Policy 5521 Gate Receipts and Admissions
- Policy 5530 Petty Cash Funds and Cash in School Buildings
- Policy 5540 Publication of District’s Annual Financial Statement
- Policy 5550 Maintenance of Fiscal Effort (Title I Programs)
- Policy 5551 Allocation of Title I, Part A Funds in the District
- Policy 5560 Use of Federal Funds For Political Expenditures
- Policy 5570 Financial Accountability: Allegations of Fraud
- Policy 5572 Audit Committee
- Policy 5610 Insurance
- Policy 5611 Liability Insurance for Hired Contractors
- Policy 5620 Inventories
- Policy 5621 Accounting of Fixed Assets
- Policy 5630 Facilities: Inspection, Operation and Maintenance
- Policy 5631 Hazardous Waste and Handling of Toxic Substances by Employees
- Policy 5632 Pest Management and Pesticides Usage
- Policy 5633 Gender Neutral Single-Occupancy Bathrooms
- Policy 5640 Smoking/Tobacco Use
- Policy 5650 Energy/Water Conservation and Recycling of Solid Waste
- Policy 5660 Meal Charging and Prohibition Against Meal Shaming
- Policy 5661 Food Services Management
- Policy 5662 District Wellness Policy
- Policy 5670 Records Management
- Policy 5672 Information Security Breach and Notification
- Policy 5676 Privacy And Security For Student Data And Teacher And Principal Data
- Policy 5680 Safety and Security
- Policy 5681 School Safety Plans
- Policy 5682 Disaster Recovery Plan
- Policy 5683 Fire Drills, Bomb Threats and Bus Emergency Drills
- Policy 5684 Use of Surveillance Cameras in the School District
- Policy 5690 Exposure Control Program
- Policy 5691 Communicable Diseases
- Policy 5692 Human Immunodeficiency Virus (HIV) Related Illnesses
- Policy 5710 Transportation Program
- Policy 5711 Walkers and Riders
- Policy 5720 School Bus Scheduling and Routing
- Policy 5730 Transportation of Students
- Policy 5740 Use of Buses by Community Groups
- Policy 5750 School Bus Safety Program
- Policy 5751 Idling School Buses on School Grounds
- Policy 5760 Qualifications of Bus Drivers
- Policy 5761 Drug and Alcohol Testing for School Bus Drivers and Other Safety-Sensitive Employees
Policy 5110 Budget Planning and Development
Budget planning and development for the District will be an integral part of program planning so that the annual operating budget may effectively express and implement programs and activities of the School System. Budget planning will be a year-round process involving participation of District-level administrators, Principals, Directors, Coordinators, teachers and other personnel. The process of budget planning and development should allow for community input and contain numerous opportunities for public information and feedback.
The Superintendent will have overall responsibility for budget preparation, including the construction of and adherence to a budget calendar. Program managers will develop and submit budget requests for their particular areas of responsibility after seeking the advice and suggestions of staff members.
Principals will develop and submit budget requests for their particular schools in conjunction with the advice and suggestions of staff members and their own professional judgment. Each school’s budget request will be the Principal’s recommendation as to the most effective way to use available resources in achieving progress toward the approved educational objectives of the school. Program budgets and school budgets will reflect state and/or federal requirements, special sources of funding, and District objectives and priorities.
The Board will give consideration to budget requests, and will review allocations for appropriateness and for their consistency with the School System’s educational priorities.
All budget documents for distribution to the public shall be in plain language and organized in a manner which best promotes public comprehension of the contents. Documents shall be complete and accurate and contain sufficient detail to adequately inform the public regarding such data as estimated revenues, proposed expenditures, transfers to other funds, fund balance information and changes in such information from the prior year’s submitted budget.
In accordance with Commissioner’s Regulations, the budget will be presented in three (3) components which are to be voted upon as one (1) proposition. The law prescribes the types of items to be included in each component and further prescribes that all relevant costs be included in the component.
- A program component which shall include, but need not be limited to, all program expenditures of the School District, including the salaries and benefits of teachers and any school administrators or supervisors who spend a majority of their time performing teaching duties, and all transportation operating expenses;
- A capital component which shall include, but need not be limited to, all transportation capital, debt service, and lease expenditures; costs resulting from judgments and tax certiorari proceedings or the payment of awards from court judgments, administrative orders or settled or compromised claims; and all facilities costs of the School District, including facilities lease expenditures, the annual debt service and total debt for all facilities financed by bonds and notes of the School District, and the costs of construction, acquisition, reconstruction, rehabilitation or improvement of school buildings, provided that such budget shall include a rental, operations and maintenance section that includes base rent costs, total rent costs, operation and maintenance charges, cost per square foot for each facility leased by the District, and any and all expenditures associated with custodial salaries and benefits, service contracts, supplies, utilities, and maintenance and repairs of school facilities; and
- An administrative component which shall include, but need not be limited to, office and central administrative expenses, traveling expenses and all compensation, including salaries and benefits of all school administration and supervisors, business administrators, superintendents of schools and deputy, assistant, associate or other superintendents under all existing employment contracts or collective bargaining, any and all expenditures associated with the operation of the Office of the School Board, the Office of the Superintendent of Schools, General Administration, the School Business Office, consulting costs not directly related to direct student services and programs, planning and all other administrative activities.
Additionally, the Board of Education shall append to the proposed budget the following documents:
- A detailed statement of the total compensation to be paid to the Superintendent of Schools, and any Assistant or Associate Superintendent of Schools in the ensuing school year, including a delineation of the salary, annualized cost of benefits and any in-kind or other form of remuneration;
- A list of all other school administrators and supervisors, if any, whose annual salary for the coming school year will be at or above that designated in law for such reporting purposes, with the title of their positions and annual salary identified;
- A School District Report Card, prepared pursuant to Commissioner’s Regulations, which includes measures of the academic performance of the School District, on a school by school basis, and measures of the fiscal performance of the District (see subheading School District Report Card);
- A Property Tax Report Card prepared in accordance with law and Commissioner’s Regulations (see subheading Property Tax Report Card); and
- A Tax Exemption Report prepared in accordance with law (see subheading Tax Exemption Report).
The Board shall attest that unexpended surplus funds (i.e., operating funds in excess of the current school year budget, not including funds properly retained under other sections of law) have been applied in determining the amount of the school tax levy. Surplus funds shall mean any operating funds in excess of four percent (4%).
The proposed budget for the ensuing school year shall be reviewed by the Board of Education and publicly disseminated, in accordance with law, prior to its submission to District voters for approval.
District funds may be expended to inform the public regarding the annual budget and to present the annual budget to District voters; however, such funds shall not be utilized to promote either a favorable or negative opinion of the proposed budget.
School District Report Card
Each year the District shall supply data as required by the State Education Department (SED) and will receive a School District Report Card, sometimes referred to as a New York State Report Card. The Report Cards provide enrollment, demographic, attendance, suspension, dropout, teacher, assessment, accountability, graduation rate, post-graduation plan, career and technical education, and fiscal data for public and charter schools, districts and the State. The Report Cards are generated from the supplied data and are in a format dictated by SED. The School District Report Cards consist of three (3) parts:
- Accountability and Overview Report – shows District/school profile data, accountability statuses, data on accountability measures such as ELA, Math, and Science scores, and graduation rates.
- Comprehensive Information Report – shows non-accountability data such as annual Regents examination results and post-graduate plans of students completing high school.
- Fiscal Accountability Supplement – shows expenditures per pupil and some information about placement and classification of students with disabilities.
School District Report Cards are also available online at the SED website: https://reportcards.nysed.gov/
Property Tax Report Card
Each year, the Board of Education shall prepare a Property Tax Report Card, pursuant to Commissioner’s Regulations, and shall make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required by law, making it available for distribution at the Annual Meeting, and otherwise disseminating it as required by the Commissioner.
The Property Tax Report Card shall include:
- The amount of total spending and total estimated school tax levy that would result from adoption of the proposed budget, and the percentage increase or decrease in total spending and total school tax levy from the School District budget for the preceding school year; and
- The projected enrollment growth for the school year for which the budget is prepared, and the percentage change in enrollment from the previous year; and
- The percentage increase in the average of the Consumer Price Indexes from January first of the prior school year to January first of the current school year as defined in Education Law; and
- The projected amount of the adjusted unrestricted fund balance that will be retained if the proposed budget is adopted; the projected amount of the adjusted restricted fund balance; the projected amount of the assigned appropriated fund balance; the percentage of the proposed budget that the adjusted unrestricted fund balance represents; the actual adjusted unrestricted fund balance retained in the School District budget for the preceding school year; and the percentage of the School District budget for the preceding school year that the actual adjusted unrestricted fund balance represents; and
- The District’s school tax levy limit calculation. The District will submit its school tax levy limit calculation to the Office of the State Comptroller, NYSED and the Office of Taxation and Finance by March 1 annually. If a voter override of the tax levy limit is necessary, the budget vote must be approved by sixty percent (60%) of the District’s qualified voters present and voting.
A copy of the Property Tax Report Card prepared for the Annual District Meeting shall be submitted to the State Education Department in the manner prescribed by the Department by the end of the business day next following approval of the Property Tax Report Card by the Board of Education, but no later than twenty-four (24) days prior to the statewide uniform voting day (i.e., the third Tuesday in May).
The State Education Department shall compile such data for all school districts whose budgets are subject to a vote of the qualified voters, and shall make such compilation available electronically at least ten (10) days prior to the statewide uniform voting day. Links to each school year’s Property Tax Report Card can be found at: http://www.p12.nysed.gov/mgtserv/propertytax/
Tax Exemption Report
A Tax Exemption Report shall be annexed to any tentative or preliminary budget and shall become part of the final budget. This report shall be on the form as prescribed by the State Board of Real Property Services and shall show the following:
- How much of the total assessed value of the final assessment roll(s) used in the budgetary process is exempt from taxation;
- Every type of exemption granted as identified by statutory authority;
- The cumulative impact of each type of exemption expressed either as a dollar amount of assessed value or as a percentage of the total assessed value on the roll;
- The cumulative amount expected to be received from recipients of each type of exemption as payments in lieu of taxes or other payments for municipal services; however, individual recipients are not to be named; and
- The cumulative impact of all exemptions granted.
Notice of this report shall be included in any notice of the preparation of the budget required by law and shall be posted on any bulletin board maintained by the District for public notices as well as on any website maintained by the District.
Education Law Sections 1608(3)-(7), 1716(3)-(7), 2022(2-a), 2023-a, 2601-a(3) and 2601-a(7)
General Municipal Law Section 36
Real Property Tax Law Sections 495 and 1318(l)
8 New York Code of Rules and Regulations (NYCRR) Sections 170.8, 170.9 and 170.11
State Education Department Handbook No. 3 on Budget
Amended: 5/1/13 Back to Top
Policy 5120 School District Budget Hearing
The Board of Education will hold an Annual Budget Hearing, in accordance with law, so as to inform and present to District residents a detailed written statement regarding the District’s estimated expenditures and revenue for the upcoming school year prior to the budget vote which is taken at the Annual District Meeting and Election.
The Budget Hearing will be held not less than seven (7) nor more than fourteen (14) days prior to the Annual District Meeting and Election or Special District Meeting at which the budget vote will occur. The proposed budget will be completed at least seven (7) days prior to the budget hearing at which it is to be presented.
Notice of the date, time and place of the annual budget hearing will be included in the notice of the Annual Meeting and Election and/or Special District Meeting as required by law.
All School District budgets which are submitted for voter approval shall be presented in three (3) components: a program component, an administrative component, and a capital component; and each component will be separately delineated in accordance with law and/or regulation.
The Board of Education will also prepare and append to copies of the proposed budget a School District Report Card, pursuant to the Regulations of the Commissioner of Education, referencing measures of academic and fiscal performance. Additionally, the Board of Education shall also append to copies of the proposed budget a detailed statement of the total compensation to be paid to various administrators as enumerated in law and/or regulation, and a Property Tax Report Card prepared in accordance with law and Commissioner’s Regulations.
All budget documents for distribution to the public will be written in plain language and organized in a manner which best promotes public comprehension of the contents. New York School District Report Cards and Property Tax Report Cards are also available online from the State Education Department.
Dissemination of Budget Information
Copies of the proposed annual operating budget for the succeeding year and all required attachments may be obtained by any District resident. Requests for copies of the proposed budget should be made at least seven (7) days before the budget hearing. Copies shall be prepared and made available at the school district office, public or associate libraries within the district and on the district website, if one exists. Copies will be available to district residents during the fourteen (14) day period immediately preceding the Annual Meeting and Election or Special District Meeting at which the budget vote will occur. Additionally, the Board will include notice of the availability of copies of the budget at least once during the school year in any District-wide mailing.
The School District Clerk shall mail a School Budget Notice to all qualified voters of the School District after the date of the Budget Hearing, but no later than six (6) days prior to the Annual Meeting and Election or Special District Meeting at which a school budget vote will occur. The School Budget
Notice shall compare the percentage increase or decrease in total spending under the proposed budget over total spending under the School District budget adopted for the current school year, with the percentage increase or decrease in the Consumer Price Index from January first of the prior school year to January first of the current school year.
Beginning with the budget notice for the 2012-2013 proposed budget, the District will also include in the notice:
- The school tax levy limit;
- The proposed school year tax levy (without permissible exclusions to the school tax levy limit);
- The total permissible exclusions; and
- The proposed school year tax levy (including permissible exclusions to the school tax levy limit).
The Notice shall also include, in a manner and format prescribed by the Commissioner of Education, a comparison of the tax savings under the basic school tax relief (STAR) exemption and the increase or decrease in school taxes from the prior year, and the resulting net taxpayer savings for a hypothetical home within the District with a full value of one hundred thousand dollars ($100,000) under the existing School District budget as compared with such savings under the proposed budget.
The Notice shall also set forth the date, time and place of the school budget vote in the same manner as in the Notice of the Annual Meeting. The School Budget Notice shall be in a form prescribed by the Commissioner of Education.
Notice of Budget Hearing/Availability of Budget Statement:
Education Law Sections 1608(2), 1716(2), 2003(1), 2004(1), 2023-a and 2601-a(2)
Election and Budget Vote:
Education Law Sections 1804(4), 1906(1), 2002(1), 2017(5), 2017(6), 2022(1), 2023-a and 2601-a(2)
Budget Development and Attachments:
Education Law Sections 1608(3), 1608(4), 1608(5), 1608(6), 1608(7), 1716(3), 1716(4), 1716(5), 1716(6), 1716(7), 2022(2-a), 2023-a and 2601-a(3)
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(bb), 170.8 and 170.9
Amended: 05/01/13 Back to Top
Policy 5130 Budget Adoption
The Board of Education shall review the recommended budget of the Superintendent of Schools and shall seek public input and feedback regarding the recommended budget including, but not limited to, holding a public budget hearing not less than seven (7) nor more than fourteen (14) days prior to the Annual District Meeting and Election at which the budget vote is to occur. The Board may modify the recommended budget of the Superintendent prior to its submission to District voters. Final authorization of the proposed budget is dependent upon voter approval unless a contingency budget is adopted by the Board.
In the event the original proposed budget is not approved at the Annual District Meeting and Election, the Board may resubmit the original proposed budget or a revised budget for voter approval, or individual propositions may be placed before District voters, at a special meeting held on the third Tuesday of June. If the voters fail to approve the second budget submittal, or budget proposition(s), or if the Board elects not to put the proposed budget to a public vote a second time, the Board must adopt a contingency budget with a tax levy that is no greater than the prior year’s levy.
The School District budget for any school year, or any part of such budget, or any proposition(s) involving the expenditure of money for that school year, shall not be submitted for a vote of the qualified District voters more than twice.
The School District budget, once adopted, becomes the basis for establishing the tax levy on real property within the District.
Education Law Sections 1608, 1716, 1804(4), 1906(1), 2002(1), 2003(1), 2004(1), 2007(3)(b), 2022, 2023, 2023-a and 2601-a
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(bb), 170.8 and 170.9
Adopted: 11/16/05 Back to Top
Policy 5140 Administration of the Budget
The Superintendent of Schools, working in conjunction with the administrative staff, is responsible to the Board for the administration of the budget.
- He/she shall acquaint District employees with the final provisions of the program budget and guide them in planning to operate efficiently and economically within these provisions.
- Under his/her direction the District shall maintain such records of accounting control as are required by the New York State Uniform System of Accounts for School Districts, the Board of Education, and such other procedures as are deemed necessary and shall keep the various operational units informed through periodic reports as to the status of their individual budgets.
- Internal Auditor approval is required prior to the expenditure of District funds.Back to Top
Policy 5150 Contingency Budget
The School District budget for any school year or any part of such budget, or any proposition involving the expenditure of money for such school year, shall not be submitted for a vote of the qualified voters of the District more than twice in any school year.
If the original proposed budget is not approved by District voters at the Annual District Meeting and Election, the Board has the option of either resubmitting the original or revised budget for voter approval at a special meeting held at a later date; or the Board may, at that point, adopt a contingency budget. If the Board decides to submit either the original or a revised budget to the voters for a second time, and the voters do not approve the second budget submittal, the Board must adopt a contingency budget and the tax levy cannot exceed the total tax levy of the prior year (0% levy growth).
The administrative component of the contingency budget shall not comprise a greater percentage of the contingency budget exclusive of the capital component than the lesser of:
- The percentage the administrative component had comprised in the prior year budget exclusive of the capital component; or
- The percentage the administrative component had comprised in the last proposed defeated budget exclusive of the capital component.
Education Law Sections 2002, 2023, 2023-a, 2024 and 2601-a Back to Top
Policy 5210 Revenues
The School District treasurer will have custody of all District funds in accordance with the provisions of state law. The treasurer will be authorized and directed by the Board to invest the balances available in various District funds in accordance with regulations set forth in state law.
Education Law Sections 1604(a) and 1723(a) Back to Top
Policy 5220 District Investments
Whenever the District has funds (including operating funds, reserve funds and proceeds of obligations) that exceed those necessary to meet current expenses, the Board of Education shall authorize the Business Administrator to invest such funds in accordance with all applicable laws and regulations and in conformity with the guidelines established by this policy.
The objectives of this investment policy are four-fold:
- Investments shall be made in a manner so as to safeguard the funds of the School District; and
- Bank deposits shall be made in a manner so as to safeguard the funds of the School District.
- Investments shall be sufficiently liquid so as to allow funds to be available as needed to meet the obligations of the School District.
- Funds shall be invested in such a way as to earn the maximum yield possible given the first three (3) investment objectives.
The authority to deposit and invest funds is delegated to the Business Administrator. These functions shall be performed in accordance with the applicable sections of the General Municipal Law and the Local Finance Law of the State of New York.
The Business Administrator may invest funds in the following eligible investments:
- Obligations of the State of New York.
- Obligations of the United States Government, or any obligations for which principal and interest are fully guaranteed by the United States Government.
- Time Deposit Accounts placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law. [Banking Law Section 237(2) prohibits a savings bank from accepting a deposit from a local government. This also applies to savings and loan associations.]
- Transaction accounts (demand deposits) both interest bearing and non-interest bearing that do not require notice of withdrawal placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law.
- Certificates of Deposits placed in a commercial bank authorized to do business in the State of New York providing the Certificates are collateralized as required by law.
- Securities purchased pursuant to a Repurchase Agreement whereby one party purchases securities from a second party and the second party agrees to repurchase those same securities on a specific future date at an agreed rate of return (the interest rate).
Using the policy as a framework, regulations and procedures shall be developed which reflect:
- A list of authorized investments;
- Procedures including a signed agreement to insure the School District’s financial interest in investments;
- Standards for written agreements consistent with legal requirements;
- Procedures for the monitoring, control, deposit and retention of investments and collateral which shall be done at least once a month;
- Standards for security agreements and custodial agreements consistent with legal requirements;
- Standards for diversification of investments including diversification as to type of investments, and firms and banks with whom the School District transacts business; and
- Standards for qualification of investment agents which transact business with the School District including, at minimum, the Annual Report of the Trading Partner.
This policy shall be reviewed and re-adopted at least annually or whenever new investment legislation becomes law, as staff capabilities change, or whenever external or internal issues warrant modification.
General Municipal Law Section 39
Education Law Sections 1604-a, 1723(a), 2503(1) and 3652
Local Finance Law Section 165
Amended: 12/09/09 Back to Top
Policy 5230 Acceptance of DONATIONs to the School District
The purpose of this policy is to effectively regulate and establish parameters for fundraising campaigns and donations to the District.
The Superintendent shall promulgate an administrative procedure and regulation implementing this policy in accordance with the guidelines established below.
School districts may not operate a fundraising campaign or solicit donations. The Office of the New York State Comptroller holds that municipalities, including school districts, have no authority to conduct a campaign to solicit funds from the general public to be used for school district purposes or act as an intermediary. Further, New York State Education Law (§ 1709) does not specifically authorize public schools to conduct fundraising campaigns or solicit donations.
Therefore, the District does not require staff, students, coaches, or other District individuals to fundraise in service of its educational mission. In addition, members of the Board of Education, District officers, and District employees may not directly or indirectly solicit or accept any gift valued at $75 or more if doing so could reasonably be inferred that the gift was intended to influence that person, or could reasonably be expected to influence that person in the performance of official duties, or was intended as a reward for any official action.
However, a private entity – foundation, affiliated organization (e.g. boosters, parent-teacher organization), student organization not part of the regular school curriculum (e.g. club or class-year), individual, third-party crowd-funding company, or non-profit organization defined by the U.S. Internal Revenue Code – may solicit donations for a specified benefit (i.e. a fundraising campaign) of the District and request that the Board of Education accept a unified donation for that purpose, as stated to donors solicited, via Board resolution.
Entities are responsible for conducting fundraising campaigns so they are consistent with all applicable laws, regulations, vendor agreements, and District policies and procedures.
The manner of District acknowledgment of each donation must not significantly differ from its acknowledgement of other donations. This avoids the perception that the District is soliciting donations.
While the Board of Education cannot dictate to individuals the terms and conditions of a fundraising campaign, as doing so would be akin to soliciting funds, it does have the final say on accepting or denying a donation. Therefore, a private individual or entity seeking donations for the benefit of or planning to make a donation to the District should submit a proposal to the superintendent for consultation with the Board of Education, and possible conditional approval, prior to conducting a fundraising campaign or making a donation. In its deliberation, the Board of Education should consider the long-term budget impact of replacing, maintaining, or repairing capital assets donated to the District as well as integration with District programs, equipment, property, or goals. Conducting a private fundraising campaign or planning a donation prior to Board of Education consultation and conditional approval risks rejection . Application does not guarantee approval.
School Districts may not discriminate on the basis of sex. This includes accepting donations that may have a disparate or discriminatory impact on a particular sex.
Use of the District name, logo, or other intellectual property during a fundraising campaign to benefit the District requires prior authorization by the District superintendent. Fundraising promotional materials may not contain information about, or pictures of, students, absent parental authorization. The campaign may not imply that the district is not fulfilling its obligations to staff and students, including its legal requirement to provide resources necessary for students with one or more disabilities. The fundraising campaign may not request items or funding for items that are not permitted pursuant to District policies.
Transfers of donations in the form of money, securities and other financial instruments, materials, supplies, equipment, or property must comply with the District’s appraisal, transfer, and inventory policies and procedures. The District will record a budget revision at the time it receives a monetary donation by using the appropriate revenue code and corresponding expenditure code. The District shall account for any donations of money under the trust and agency account in the bank designated by the Board of Education.
Any donations, once accepted by the Board of Education, are property of the District and shall be used for the particular purpose for which the Board accepted them. The District is prohibited, in accordance with the New York State Constitution, from making donations with District funds. The Board of Education shall apply donations to programs or facilities, not to individual members of the Board of Education, district officers, or District employees
Policy 3271: Solicitation Of Charitable Donations From School Children
New York State Constitution kArticle 8, Section 1
Education Law § 1709, 1718
General Municipal Law § 103, 805
Family Educational Rights and Privacy Act (FERPA)
Individuals with Disabilities Education Act (IDEA)
Title IX of the Education Amendments of 1972
Civil Rights Law § 504
Amended: 10/02/19 Back to Top
Policy 5240 School Tax Assessment and Collection
A tax collection plan giving dates of warrant and other pertinent data shall be prepared annually and submitted for review and consideration by the Business Administrator/Manager to the Board of Education. Tax collection shall occur by mail or by direct payment to the place designated by the Board of Education.
Real Property Tax Law Sections 1300-1342
Education Law Section 2130 Back to Top
Policy 5241 Property Tax Exemption for Senior Citizens
Unless specifically exempted by law, real property used exclusively for residential purposes and owned by one (1) or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five (65) years of age or over, shall be exempt from taxation to the extent of percentum of the assessed valuation determined by the Board if the owners meet the criteria established by the Board.
The real property tax exemption of real property owned by husband and wife, when one of them is sixty-five (65) years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least sixty-two (62) years of age.
Real Property Tax Law
In accordance with Real Property Tax Law, any exemption provided by this policy shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed; provided however, that no parcel or real property may receive an exemption for the same tax purpose pursuant to both this policy and real property tax exemptions granted pursuant to the Real Property Tax Law for persons 65 years of age or over.
Public Health Law Section 2801
Real Property Tax Law Section 459-c Back to Top
Policy 5250 Sale and Disposal of School District Property
Sale of School Property
No school property shall be sold without prior approval of the Board of Education. However, the responsibility for such sales may be delegated. The net proceeds from the sale of school property shall be deposited in the General Fund.
Disposal of District Personal Property
School District equipment that is obsolete, surplus, or unusable by the District shall be disposed of in such a manner that is advantageous to the District.
The Superintendent will be responsible for selling the equipment in such a way so as to maximize the net proceeds of sale which may include a bona fide public sale preceded by adequate public notice. If it is determined that reasonable attempts to dispose of the equipment have been made and such attempts have not produced an adequate return, the Superintendent or his/her designee may dispose of the equipment in any manner which he/she deems appropriate.
Textbooks may lose their value to the educational program because of changes in the curriculum or they contain outdated material and/or are in poor condition.
If textbooks are no longer useful or usable, the procedures for disposal shall adhere to the following order of preference:
- Sale of textbooks. If reasonable attempts to dispose of surplus textbooks fail to produce monetary return to the School District; then
- Donation to charitable organizations; or
- Disposal as trash.
Education Law Sections 1604(4), (30) and (36),
1709(9) and (11), 2503, 2511 and 2512
General Municipal Law Sections 51 and 800 et seq. Back to Top
Policy 5310 Bonding of Employees and School Board Members
In accordance with New York State Education Law and the Commissioner’s Regulations, the Board of Education directs that the Treasurer of the Board of Education, the tax collector and the internal auditor be bonded prior to assuming their duties. Such bonds shall be in the amounts as determined and approved by the Board of Education.
Other school personnel and members of the Board of Education authorized or required to handle School District revenues may be covered by a blanket undertaking provided by the District in such amounts as approved by the Board of Education based upon the recommendations of the Superintendent or his/her designee.
Education Law Sections 1709(20-a), 1720, 2130(5),
2526, and 2527
Public Officers Law Section 11(2)
8 New York Code of Rules and Regulations
(NYCRR) Section 170.2(d) Back to Top
Policy 5320 Expenditures of School District Funds
The Board of Education authorizes the Purchasing Agent to expend school funds as appropriated by approved operational and capital budgets, and by the adoption of special resolutions. He/she will make expenditures in accordance with applicable law and in a manner that will achieve the maximum benefit from each dollar expended.
All claims shall be properly audited before payment by the Internal Claims Auditor who shall attest to the existence of indebtedness to support the claim.
Complete records of all expenditures shall be maintained for future analysis and reporting within the time frame required by the Records Disposition Law or regulation.
Education Law Sections 1720 and 2523 Back to Top
Policy 5321 Use of the District Credit Card
The School District may issue a credit card or cards in its name for the use of its officers and designated employees for authorized, reimbursable, school business related expenses. The maximum credit limit on each card shall be as designated by the Board of Education. However, authorized personnel must submit purchase orders for those school business related expenses, such as tuition charges for attendance at conferences, travel expenses, and lodging, where costs may be fairly and accurately estimated prior to the actual incurement of expenses.
Only those officers and District personnel designated by the Board of Education shall be authorized for the use of a District credit card.
Expenses incurred on each credit card shall be paid in such a manner as to avoid interest charges. The credit cards(s) shall be locked in a secure place in the Business Office. Back to Top
Policy 5322 Use of the District Cell Phone
District-owned cell phones that are assigned to individual employees
Option A: School District-owned cell phone will be issued to a District employee when required by that employee’s job duties or as determined by the Superintendent or designee.
Additionally, the following rules shall apply regarding the use of a District-owned cell phone:
- Job titles requiring cellular telephones shall be listed in Regulation and reported to the Board of Education each year at the District’s organizational meeting in July.
- The Superintendent shall establish the level of service contract for each specific employee, with the contract for same subject to review and approval by the Business Administrator.
- Employees shall make every attempt to use their cellular phones for only business purposes; however, in the event an employee uses a cellular phone for other than business purposes, he/she shall reimburse the District for such non-business calls pursuant to the Regulation.
- Individuals authorized to use District cellular telephones shall agree in writing to accept financial responsibility for any inappropriate usage by that individual.
- The cell phone may not be used by anyone other than designated School District employees.
- As of July 1, 2013, all current district cell phone contracts due for renewal shall be terminated in favor of option B.
Option B: Employee-Owned Cell Phones
The Superintendent and/or Treasurer may, in lieu of providing a District-owned cellular phone to the employee, require the employee to acquire their own personal cellular phone and in return pay a monthly stipend in the employee’s paycheck of thirty-five dollars ($35) dollars to each individual whose job description requires them to have a cellular phone for business use.
- In providing this stipend, the employee agrees to:
- Provide the cell phone number to all staff/others deemed necessary individuals as determined by the Superintendent; and
- Have the phone available for incoming calls during business hours and other hours as deemed necessary as part of their job description.
At least once per year, the Business Administrator shall evaluate the effectiveness of the cellular telephone plan.
03/03/10 Back to Top
Policy 5323 Reimbursement for Meal Expenses Incurred During Staff Meetings
It is the position of the New York State Comptroller’s Office that meals of public officers and employees may not be reimbursed or paid by the municipal entity unless the officer or employee is traveling outside his/her regular work area on official business for an extended period of time. The School District requires overnight travel to be eligible for such meal expenses. This regulation also applies to any meals provided at staff meetings except under the following circumstances:
- Meals may be considered a proper municipal expense where the School District is faced with business of an immediate nature between two or more people, and the meetings are required to be held at meal times due to staff schedules.
- In order for meal expenses for a meeting between staff members to be eligible for reimbursement or payment by the organization, the following conditions need to be met:
- The topic(s) of the meeting must be of an immediate nature, or there must be a pressing need to complete the business at hand;
- Scheduling prevents the meeting from being held at a different time;
- The meal must be provided during the meeting. It can not be delivered or served at the beginning or end of the scheduled meeting. For example: where a luncheon meeting is scheduled from 10:00 am to 2:00 pm because it is the only time a meeting can be held before an important deadline, the meal may be eligible for reimbursement or payment if it was delivered at 12:00 noon.
- When claiming such expenses for reimbursement or requesting that payment be made, you must justify on the claim form the need for such expense as outlined above.
- Before meal expenses for meetings with staff members can be reimbursed or paid, the following information must be provided to the Business Office:
- What was the purpose of the meeting?
- When was the meeting held?
- What time was the meeting held?
- What was the reason that the meal had to be served during the meeting?
These guidelines apply to all employees of the School District and are effective immediately.Back to Top
Policy 5330 Budget Transfers
Within monetary limits as established by the Board, the Superintendent is authorized to transfer funds within the budget. Whenever changes are made, they are to be incorporated in the next Board agenda for information only.
8 New York Code of Rules and Regulations (NYCRR) Section 170.2(l)
Education Law Section 1718 Back to Top
Policy 5340 Borrowing of Funds
The School District may borrow money only by means of serial bonds, statutory installment bonds, bond anticipation notes, capital notes, tax anticipation notes, revenue anticipation notes and budget notes.
Local Finance Law Article 2 Back to Top
Policy 5350 Payroll Procedures
The payroll clerk, under the supervision of the Business Administrator/Manager, will prepare the bi-weekly payroll. Each employees’ payroll records will be prepared by his/her immediate supervisor and submitted to the payroll clerk for appropriate posting. All payroll documents will be reconciled by the payroll clerk prior to distribution of payroll checks. The Superintendent will certify each payroll. Back to Top
Policy 5410 Purchasing
The District’s purchasing activities will be part of the responsibilities of the Business Office, under the general supervision of the Purchasing Agent designated by the Board of Education. The purchasing process should enhance school operations and educational programs through the procurement of goods and services deemed necessary to meet District needs.
Competitive Bids and Quotations
As required by law, the Business Administrator will follow normal bidding procedures in all cases where needed quantities of like items will total the maximum level allowed by law during the fiscal year, (similarly for public works-construction, repair, etc.) and in such other cases that seem to be to the financial advantage of the School District.
A bid bond may be required if considered advisable.
No bid for supplies shall be accepted that does not conform to specifications furnished unless specifications are waived by Board action. Contracts shall be awarded to the lowest responsible bidder who meets specifications. However, the Board may choose to reject any bid.
Rules shall be developed by the administration for the competitive purchasing of goods and services.
The Superintendent may authorize purchases within the approved budget without bidding if required by emergencies and are legally permitted.
The Superintendent is authorized to enter into cooperative bidding for various needs of the School District.
Request for Proposal Process for the Independent Auditor
In accordance with law, no audit engagement shall be for a term longer than five (5) consecutive years. The District may, however, permit an independent auditor engaged under an existing contract for such services to submit a proposal for such services in response to a request for competitive proposals or be awarded a contract to provide such services under a request for proposal process.
Procurement of Goods and Services
The Board of Education recognizes its responsibility to ensure the development of procedures for the procurement of goods and services not required by law to be made pursuant to competitive bidding requirements. These goods and services must be procured in a manner so as to:
- Assure the prudent and economical use of public moneys in the best interest of the taxpayer;
- Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and
- Guard against favoritism, improvidence, extravagance, fraud and corruption.
These procedures shall contain, at a minimum, provisions which:
- Prescribe a process for determining whether a procurement of goods and services is subject to competitive bidding and if it is not, documenting the basis for such determination;
- With certain exceptions (purchases pursuant to General Municipal Law, Article 5-A; State Finance Law, Section 162; State Correction Law, Section 184; or those circumstances or types of procurements set forth in (f) of this section), provide that alternative proposals or quotations for goods and services shall be secured by use of written request for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law Section 104-b;
- Set forth when each method of procurement will be utilized;
- Require adequate documentation of actions taken with each method of procurement;
- Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons;
- Set forth any circumstances when, or the types of procurement for which, the solicitation of alternative proposals or quotations will not be in the best interest of the District; and
- Identify the individual or individuals responsible for purchasing and their respective titles. Such information shall be updated biennially.
Any unintentional failure to fully comply with these provisions shall not be grounds to void action taken or give rise to a cause of action against the District or any District employee.
The Board of Education shall solicit comments concerning the District’s policies and procedures from those employees involved in the procurement process. All policies and procedures regarding the procurement of goods and services shall be reviewed annually by the Board.
Effective January 27, 2012, General Municipal Law (GML) Section 103 was amended to permit a school district or BOCES to award purchase contracts in excess of twenty thousand dollars ($20,000) on the basis of “best value”, rather than on the basis of the lowest responsible bid. The Board of Education must adopt a resolution at a public meeting authorizing the award of bids based on “best value.” The Board of Education may also approve “best value” bid award recommendations on an individual bid basis at a scheduled public meeting. A best value award is one that optimizes quality, cost and efficiency, typically applies to complex services and technology contracts and is quantifiable whenever possible.
“Piggybacking” Law – Exception to Competitive Bidding
On August 1, 2012, General Municipal Law (GML) Section 103 was amended to allow school districts to purchase certain goods and services (apparatus, materials, equipment and supplies) through the use of contracts let by the United States or any agency thereof, any state, and any county, political subdivision or district of any state. The amendment authorizes school districts and BOCES to “piggyback” on contracts let by outside governmental agencies in a manner that constitutes competitive bidding “consistent with state law.”
This “piggybacking” is permitted on contracts issued by other governmental entities, provided that the original contract:
- Has been let by the United States or any agency thereof, any state (including New York State) or any other political subdivision or district therein;
- Was made available for use by other governmental entities and agreeable with the contract holder; and
- Was let in a manner that constitutes competitive bidding consistent with New York State law and is not in conflict with other New York State laws.
The “piggybacking” amendment and the “best value” amendment may not be combined to authorize a municipality to “piggyback” onto a cooperative contract which was awarded on the basis of “best value.” In other words, while a school district or BOCES may authorize the award of contracts on the basis of “best value”, it may not “piggyback” onto a purchasing contract awarded by another agency on the basis of “best value.”
Alternative Formats for Instructional Materials
Preference in the purchase of instructional materials will be given to vendors who agree to provide materials in a usable alternative format (i.e., any medium or format, other than a traditional print textbook, for presentation of instructional materials that is needed as an accommodation for each student with a disability, including students requiring Section 504 Accommodation Plans, enrolled in the School District). Alternative formats include, but are not limited to, Braille, large print, open and closed captioned, audio, or an electronic file in an approved format as defined in Commissioner’s Regulations.
As required by federal law and New York State Regulations, the District has adopted the National Instructional Materials Accessibility Standard (NIMAS) to ensure that curriculum materials are available in a usable alternative format for students with disabilities. Each school district has the option of participating in the National Instructional Materials Access Center (NIMAC). Whether a district does or does not participate in NIMAC, the district will be responsible to ensure that each student who requires instructional materials in an alternate format will receive it in a timely manner and in a format that meets NIMAS standards. The New York State Education Department (NYSED) recommends that school districts choose to participate in NIMAC, because this national effort to centralize the distribution of instructional materials in alternate formats will help guarantee timely provision of such materials to students.
For school districts, Boards of Cooperative Educational Services (BOCES), State-operated schools, State-supported schools and approved private schools that choose to participate in NIMAC, contracts with publishers executed on and after December 3, 2006 for textbooks and other printed core materials must include a provision that requires the publisher to produce NIMAS files and send them to the NIMAC (this will not add any cost to the contract).
As of 7/1/02, the District established a plan to ensure that all instructional materials to be used in the schools of the District are available in a usable alternative format for each student with a disability, including students requiring Section 504 Accommodation Plans, in accordance with his/her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students. The District Plan does include those provisions mandated by Education Law and Commissioner’s Regulations
Geographic Preference in Procuring Local Agricultural Products
Schools participating in Child Nutrition Programs such as the National School Lunch Program, School Breakfast Program and/or Special Milk Program are encouraged to purchase unprocessed locally grown and locally raised agricultural products. A School District may apply an optional geographic preference in the procurement of such products by defining the local area where this option will be applied. The intent of this preference is to supply wholesome unprocessed agricultural products that are fresh and delivered close to the source.
A geographic preference established for a specific area adds additional points or credits to bids received in response to a solicitation, but does not provide a set-aside for bidders located in a specific area, nor does it preclude a bidder from outside a specified geographic area from competing for and possibly being awarded a specific contract.
Computer Software Purchases
Software programs designated for use by students in conjunction with computers of the District shall meet the following criteria:
- A computer program which a student is required to use as a learning aid in a particular class; and
- Any content-based instructional materials in an electronic format that are aligned with State Standards which are accessed or delivered through the internet and based on a subscription model. Such electronic format materials may include a variety of media assets and learning tools including video, audio, images, teacher guides, and student access capabilities as such terms are defined in Commissioner’s Regulations.
Environmentally Sensitive Cleaning and Maintenance Products
In accordance with Commissioner’s Regulations, State Finance Law and Education Law, effective with the 2006-2007 school year, the District shall follow guidelines, specifications and sample lists when purchasing cleaning and maintenance products for use in its facilities. Such facilities include any building or facility used for instructional purposes and the surrounding grounds or other sites used for playgrounds, athletics or other instruction.
Environmentally sensitive cleaning and maintenance products are those which minimize adverse impacts on health and the environment. Such products reduce as much as possible exposures of children and school staff to potentially harmful chemicals and substances used in the cleaning and maintenance of school facilities. The District shall identify and procure environmentally sensitive cleaning and maintenance products which are available in the form, function and utility generally used. Coordinated procurement of such products as specified by the Office of General Services (OGS) may be done through central state purchasing contracts to ensure that the District can procure these products on a competitive basis.
The District shall notify their personnel of the availability of such guidelines, specifications and sample product lists.
Apparel and Sports Equipment Purchases
Competitive Bidding Purchases
The Board of Education will only accept bids from “responsible bidders.” A determination that a bidder on a contract for the purchase of apparel or sports equipment, is not a “responsible bidder” shall be based upon either or both of the following considerations:
- The labor standards applicable to the manufacture of the apparel or sports equipment including, but not limited to, employee compensation, working conditions, employee rights to form unions, and the use of child labor; or
- The bidder’s failure to provide information sufficient for the Board of Education to determine the labor standards applicable to the manufacture of the apparel or sports equipment.
Non-Competitive Bidding Purchases
The Board’s internal policies and procedures governing procurement of apparel or sports equipment, where such procurement is not required to be made pursuant to competitive bidding requirements, shall prohibit the purchase of apparel or sports equipment, from any vendor based upon either or both of the following considerations:
- The labor standards applicable to the manufacture of the apparel or sports equipment including, but not limited to, employee compensation, working conditions, employee rights to form unions, and the use of child labor; or
- The bidder’s failure to provide information sufficient for the Board of Education to determine the labor standards applicable to the manufacture of the apparel or sports equipment.
Contracts for Goods, Services and Public Works
No contracts for goods and services shall be made by individuals or organizations in the school that involve expenditures without first securing approval for such contract from the Purchasing Agent.
No Board member or employee of the School District shall have an interest in any contract entered into by the Board or the School District.
Per General Municipal Law Section 103(5), upon the adoption of a resolution by a vote of at least three-fifths (3/5) of all Board members stating that for reasons of efficiency or economy there is need for standardization, purchase contracts for a particular type or kind of equipment, materials or supplies of more than twenty thousand ($20,000) dollars may be awarded by the Board to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided in law. In addition, the Board is required to award all contracts for public works in excess of thirty-five thousand dollars ($35,000) to the lowest responsible bidder after advertising for public sealed bids.
7 CFR 210.21, 215.14(a) and 220.16
20 USC Section 1474(e)(3)(B)
Education Law Sections 305(14), 409-I, 701, 751(2)(b), 1604, 1709, 1950, 2503, 2554 and 3602
General Municipal Law Articles 5-A,18 and Section 103
State Finance Law Sections 162 and 163-b
8 NYCRR Sections 155, 170.2, 200.2(b)(10), 200.2(c)(2) and 200.2(i)
NOTE: Refer also to Policy #5660 — Meal Charging and Prohibition Against Meal Shaming
Amended: 03/03/10 Back to Top
POLICY 5413 procurement
The District will follow all applicable requirements in the Uniform Grant Guidance (2 CFR Part 200) whenever it procures goods or services using federal grant funds awarded through formula and/or discretionary grants, including funds awarded by the United States Department of Education as grants or funds awarded to a pass-through entity, such as the New York State Education Department, for subgrants.
Uniform Grant Guidance Requirements
Under the Uniform Grant Guidance, the District will, among other things:
a) Use its own documented procurement procedures, which reflect applicable state, local and tribal laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in the Uniform Grant Guidance.
b) Establish and maintain effective internal controls that provide reasonable assurance that the District is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. Internal controls means a process, implemented by the District, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:
1. Effectiveness and efficiency of operations;
2. Reliability of reporting for internal and external use; and
3. Compliance with applicable laws and regulations.
c) Comply with federal statutes, regulations, and the terms and conditions of the federal awards.
d) Evaluate and monitor the District's compliance with statutes, regulations, and the terms and conditions of federal awards.
e) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings.
f) Take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or pass-through entity designates as sensitive or the District considers sensitive consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g) Maintain oversight to ensure contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
h) Maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts.
i) Have procurement procedures in place to avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.
j) Award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to matters such as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
k) Maintain records that sufficiently detail the history of the procurement including, but not limited to:
1. Rationale for the method of procurement;
2. Selection of contract type;
3. Contractor selection or rejection; and
4. The basis for the contract price.
l) Use time and material contracts, only after a determination that no other contract is suitable and the contract includes a ceiling price that the contractor exceeds at its own risk.
m) Conduct all procurement transactions in a manner providing full and open competition consistent with the standards of the Uniform Grant Guidance.
n) Conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference.
o) Have written procedures for procurement to ensure that all solicitations:
1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured; and
2. Identify all requirements, which the offerors must fulfill, and all other factors to be used in evaluating bids.
p) Ensure that all prequalified lists of persons, firms, or products, which are used in acquiring goods and services, are current and include enough qualified sources to ensure maximum open and free competition.
q) Use one of the following methods of procurement, which include:
2. Small purchase procedures;
3. Sealed bids;
4. Competitive proposals; and
5. Noncompetitive proposals.
r) Have a written method for conducting technical evaluations of the proposals received and for selecting recipients.
s) Take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
t) Include in all contracts made by the District the applicable provisions contained in Appendix II of the Uniform Grant Guidance -- Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
u) Perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications.
v) Negotiate profit as a separate element of the price for each contract in which there is not price competition and in all cases where an analysis is performed.
w) Comply with the non-procurement debarment and suspension standards, which prohibit awarding contracts to parties listed on the government-wide exclusions in the System for Award Management (SAM).
NOTE: Refer also to Policies #5410 -- Purchasing: Competitive Bidding and Offering #5411 -- Procurement of Goods and Services #5570 -- Financial Accountability #5670 -- Records Management #6110 -- Code of Ethics for Board Members and All District Personnel #6161 -- Conference/Travel Expense Reimbursement
Policy 5510 Accounting of Funds
Accounting and reporting procedures shall be developed to facilitate analysis and evaluation of the District’s financial status and fixed assets. The District will use the Uniform System of Accounts for School Districts.
Books and records of the District shall be maintained in accordance with statutory requirements.
Provision shall be made for the adequate storage, security, and disposition of all financial and inventory records.
The Board has entered into a written agreement with designated banks and trust companies for online banking and electronic or wire transfers, which includes the implementation of a security procedure for all transactions. Online transactions must be authorized by the District’s Business Official. The Business Office Clerk, with a separate established user name and password, will have the authority to initiate online banking transactions. The Business Office Clerk, with a separate established user name and password, will be responsible for online banking transactions in the event the District Treasurer is not available, or as a job responsibility delegated to him/her by the District Treasurer. A monthly report of all online banking activity will be reviewed by staff independent of the online banking process and reconciled with the bank statement. Online banking will only take place on secure District computers located inside the Business Office.
Electronic Transactions and Wire Transfers
Procedures will be implemented specifying who is authorized to initiate, approve, transmit, record, review and reconcile electronic transactions. At least two individuals will be involved in each transaction. Authorization and transmitting functions will be segregated and, whenever possible, the recording function will be delegated to a third individual.
The District will enter into written wire transfer security agreements for District bank accounts which will include established procedures for authenticating wire transfer orders.
All wire transfers must be authorized by the District Treasurer or his/her designee. Dual approval controls will be established for non-routine wire transfer orders.
The Internal Auditor will periodically confirm that wire transfers have appropriate signatures, verification and authorization of proper personnel.
Education Law Section 2116-a
General Municipal Law Article 2 Section 5, 5-a, 5-b, 99-b
N.Y. UCC Section 4-A-201
Amended: 12/19/12 Back to Top
Policy 5511 Types of Funds
Reserve funds (essentially a legally authorized savings account designated for a specific purpose) are an important component in the District’s financial planning for future projects, acquisitions and other lawful purposes. To this end, the District may establish and maintain reserve funds in accordance with New York State Laws, Commissioner’s Regulations and the rules and/or opinions issued by the Office of the New York State Comptroller, as applicable. The District shall comply with the reporting requirements of Article 3 of the General Municipal Law of the State of New York and the Governmental Accounting Standards Board (GASB) issued GASB Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions.
Any and all District reserve funds shall be properly established and maintained to promote the goals of creating an open, transparent and accountable use of public funds. The District may engage independent experts and professionals, including but not limited to, auditors, accountants and other financial and legal counsel, as necessary, to monitor all reserve fund activity and prepare any and all reports that the Board may require.
Periodic Review and Annual Report
The Board of Education will periodically review all reserve funds. The District will also prepare and submit an annual report of all reserve funds to the Board of Education. The annual report shall include the following information for each reserve fund:
- The type and description of the reserve fund;
- The date the reserve fund was established and the amount of each sum paid into the fund;
- The interest earned by the reserve fund;
- Capital gains or losses resulting from the sale of investments of the reserve fund;
- The total amount and date of each withdrawal from the reserve fund;
- The total assets of the reserve fund showing cash balance and a schedule of investments; and
- An analysis of the projected needs for the reserve fund in the upcoming fiscal year and a recommendation regarding funding those projected needs.
The Board shall utilize the information in the annual report to make necessary decisions to adequately maintain and manage the District’s reserve fund balances while mindful of its role and responsibility as a fiduciary of public funds.
The Superintendent shall develop any necessary and/or appropriate regulations to implement the terms of the Board’s policy.
Adopted: 11/16/05 Back to Top
Policy 5512 Audits
An annual audit of all funds of the District shall be made by a certified public accountant or public accountant. The Board shall adopt a resolution accepting the audit and file a copy of this resolution and the audit report, including the management letter, with the Commissioner of Education by October 1 (C.R. 170.2(r)).
The annual audit should include an examination of documents, records and accounts as prescribed by the Minimum Program of Audit of Financial Records of New York State School Districts and Generally Accepted Accounting Principles (GAAP). Back to Top
Policy 5520 Extraclassroom Activities Funds
An extraclassroom activity fund shall be established for activities conducted by students whose financial support is raised other than by taxation or through charges of the Board of Education. All funds in the extraclassroom activities fund shall be kept according to standards of good financial management. Proper books will be kept and all moneys deposited in appropriate accounts as set up by the Board of Education. These accounts shall be subject to audit.
All transactions involving extraclassroom funds shall be on a cash basis and no accounts shall remain unpaid at the end of the school year. The building principals, with approval of the Superintendent of Schools, shall set up procedures for receipt and payment from the extraclassroom activities fund in their respective buildings.
8 New York Code of Rules and Regulations (NYCRR) Part 172 Back to Top
Policy 5521 Gate Receipts and Admissions
All monies from gate receipts and admissions to school sponsored extracurricular activities (excluding athletic contests) must be turned over to the extracurricular account. Such monies must be accounted for pursuant to the Rules and Regulations of the Commissioner of Education (C.R. 172). Expenses for extracurricular activities will be paid for from the extracurricular fund after approval by the activity advisor and the extracurricular treasurer. Such expenses must be for educational or charitable purposes and are subject to budgetary limitations. The records of receipts and expenditures of each extracurricular group will be maintained by the extracurricular treasurer and reviewed monthly by the building principal. Extracurricular fund reports will be made quarterly to the Board.
Admission policies must be consistent with District policy and admission prices approved by the Administration. However, student fundraising dinners are exempted from regular admission policies.
Gate receipts from regular athletic contests are deposited in the General Fund.
Education Law 207, 214
Commissioner’s Regulation 172 Back to Top
Policy 5530 Petty Cash Funds and Cash in School Buildings
Petty Cash Funds
A petty cash fund of not more than fifty dollars ($50) shall be maintained in the District Office and in each school building in a secure location. Payments from petty cash funds may be made for materials, supplies or services only when payment is required upon delivery. At the time of reimbursement, an itemized statement of expenditures, together with substantiating receipts, shall be submitted. Such accounts shall be authorized by Board resolution at their annual meeting.
Appropriate regulations shall be developed for implementation of this policy.
Cash in School Buildings
Not more than two hundred fifty dollars ($250), whether District or extraclassroom funds, shall be held in the vault in the main office of each District school building. Under no circumstances shall cash be left in classroom areas or desks. The District will not be responsible for funds left unprotected.
All funds, whether District or extraclassroom funds, shall be deposited prior to close of school each week. Only authorized personnel designated by the building administrator shall be allowed in the main office vault.
Education Law Sections 1604(26), 1709(29) and 2503(1)
8 New York Code of Rules and Regulations (NYCRR) Section 170.4 Back to Top
Policy 5540 Publication of District’s Annual Financial Statement
In compliance with Education Law, as a Central School District, the Board of Education is required to publish a financial statement, including the items of expenditure in full, at least once a year, during either July or August.
The law requires that the information be published in one public newspaper which is published in the district. If no public newspaper is published in the district, then the district must use a newspaper having general circulation in the district. And if no public newspaper is published in the district, and there is no newspaper having general circulation in the district, then the school district must provide the information to the taxpayers by posting copies in five public places in the district.
Education Law Sections 1610, 1721, 2117, 2528 and 2577
8 New York Code of Rules and Regulations (NYCRR) Section 170.2 Back to Top
Policy 5550 Maintenance of Fiscal Effort (Title I Programs)
A Local Educational Agency (LEA) may receive its full allocation of Title I funds if the combined fiscal effort per student or the aggregate expenditures of state and local funds with respect to the provision of free public education in the (LEA) for the preceding fiscal year was not less than ninety percent (90%) of the combined fiscal effort per student or the aggregate expenditures for the second preceding fiscal year.
In determining an LEA’s compliance with the maintenance of effort requirement, the State Educational Agency (SEA) shall consider the LEA’s expenditures from state and local funds for free public education. These include expenditures for administration, instruction, attendance, health services, student transportation services, plant operation and maintenance, fixed charges, and net expenditures to cover deficits for food services and student body activities.
The SEA shall not consider the following expenditures in determining an LEA’s compliance with the maintenance of effort requirements:
- Any expenditures for community services, capital outlay, and debt service;
- Any expenditures made from funds provided by the federal government for which the LEA is required to account to the federal government directly or through the SEA.
The Board of Education assigns the Business Administrator/Manager the responsibility of reviewing, as part of the budgeting process, combined fiscal effort so that expenditures of state and local funds with respect to the provision of free public education per student and in the aggregate for any fiscal year are not budgeted at less than ninety percent (90%) of the combined fiscal effort per student or the aggregate of expenditures for the preceding fiscal year.
Title I of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001
34 Code of Federal Regulations (CFR) Part 200 Back to Top
POLICY 5551 Allocation of title i, part a fund in the district
Allocation of Funds
The District allocates the Title I, Part A funds it receives to District school buildings on the basis of the total number of students from low-income families in each eligible school attendance area or eligible school, as defined in law. Unless the District school building is participating in a school wide program, the District school building will only use Title I, Part A funds for programs that provide services to eligible children, as defined in law, identified as having the greatest need for special assistance.
The District will reserve from its allocation of Title I, Part A funds, such funds as are necessary to provide services comparable to those provided to students in District school buildings that receive Title I, Part A funds in order to serve:
a) Homeless children and youths, including educationally related support services to children in shelters and other locations where children may live;
b) Children in local institutions for neglected children; and
c) If appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.
Funds Will Supplement Not Supplant
The District will ensure that Title I, Part A funds only supplement, not supplant, the funds that would, in the absence of such federal funds, be made available from state and local sources for the education of students participating in programs assisted by Title I, Part A funds.
The District has developed an allocation methodology that is consistent with Title I guidelines.
NOTE: Refer also to Policies # 5110 -- Budget Planning and Development # 5550 -- Maintenance of Fiscal Effort (Title I Programs) # 8260 -- Title I Parent and Family Engagement
Policy 5560 Use of Federal Funds For Political Expenditures
The Board of Education prohibits the use of any federal funds for partisan political purposes or expenditures of any kind by any person or organization involved in the administration of federally-assisted programs.
This policy refers generally, but is not limited to, lobbying activities, publications, or other materials intended for influencing legislation or other partisan political activities.
In recognition of this structure, the Board of Education assigns the Purchasing Agent the responsibility of monitoring expenditures of federal funds so that said funds are not used for partisan political purposes by any person or organization involved in the administration of any federally-assisted programs.
OMB Circular A-87 Cost Principles for State, Local And Indian Tribal Governments
(revised May 10, 2004)
Compliance Supplement for Single Audit of State and Local Governments (revised June 27, 2003) supplementing OMB Circular A-133
NOTE: Refer also to Policy #6430 — Employee Activities Back to Top
Policy 5570 Financial Accountability: Allegations of Fraud
Reporting and Investigations of Allegations of Fraud
All Board members and officers, District employees and third party consultants are required to abide by the District’s policies, administrative regulations and procedures in the conduct of their duties. Further, all applicable federal and/or state laws and regulations must be adhered to in the course of District operations and practices. Any individual who has reason to believe that financial improprieties or wrongful conduct is occurring within the School System is to disclose such information according to the reporting procedures established by the District. The reporting procedures will follow the chain of command as established within the department or school building or as enumerated in the District’s Organizational Chart. In the event that the allegations of financial improprieties/fraud and/or wrongful conduct concern the investigating official, the report shall be made to the next level of supervisory authority. If the chain of supervisory command is not sufficient to ensure impartial, independent investigation, allegations of financial improprieties/fraud and/or wrongful conduct will be reported as applicable, to the Internal Auditor (if available), or the Independent (External) Auditor, or the School Attorney, or the Board of Education. The District’s prohibition of wrongful conduct, including fraud, will be publicized within the District as deemed appropriate; and written notification will be provided to all employees with fiscal accounting/oversight and/or financial duties including the handling of money.
Upon receipt of an allegation of financial improprieties/fraud and/or wrongful conduct, the Board or designated employee(s) will conduct a thorough investigation of the charges. However, even in the absence of a report of suspected wrongful conduct, if the District has knowledge of, or reason to know of, any occurrence of financial improprieties/fraud and/or wrongful conduct, the District will investigate such conduct promptly and thoroughly. To the extent possible, within legal constraints, all reports will be treated as confidentially and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law enforcement officials as warranted, and any disclosure will be provided on a “need to know” basis. Written records of the allegation, and resulting investigation and outcome will be maintained in accordance with law.
Based upon the results of this investigation, if the District determines that a school employee, school official, or school officer has engaged in financial improprieties/fraudulent and/or wrongful actions, appropriate disciplinary measures will be applied, up to and including termination of employment, in accordance with legal guidelines, District policy and regulation, and any applicable collective bargaining agreement. Third parties who are found to have engaged in financial improprieties/fraud and/or wrongful conduct will be subject to appropriate sanctions as warranted and in compliance with law. The application of such disciplinary measures by the District does not preclude the filing of civil and/or criminal charges as may be warranted. Rather, when school officials receive a complaint or report of alleged financial improprieties/fraud and/or wrongful conduct that may be criminal in nature, law authorities should be immediately notified.
An appeal procedure will also be provided, as applicable, to address any unresolved complaints and/or unsatisfactory prior determinations by the applicable investigating officer(s).
Protection of School Employees who Report Information Regarding Illegal or Inappropriate Financial Practices
Any employee of the School District who has reasonable cause to believe that the fiscal practices or actions of an employee or officer of the District violates any local, state, federal law or rule and regulation relating to the financial practices of the District, and who in good faith reports such information to an official of the District, or to the Office of the State Comptroller, the Commissioner of Education, or to law enforcement authorities, shall have immunity from any civil liability that may arise from the making of such report. Further, neither the School District, nor employee or officer thereof, shall take, request, or cause a retaliatory action against any such employee who makes such a report.
The Board also prohibits any retaliatory behavior directed against any witnesses and/or any other individuals who participate in the investigation of an allegation of illegal or inappropriate fiscal practices or actions. Follow-up inquiries shall be made to ensure that no reprisals or retaliatory behavior has occurred to those involved in the investigation. Any act of retaliation is prohibited and subject to appropriate disciplinary action by the District.
Knowingly Makes False Accusations
Any individual who knowingly makes false accusations against another individual as to allegations of financial improprieties/fraud may also face appropriate disciplinary action.
Education Law Section 3028-d Back to Top
Policy 5572 Audit Committee
No later than January 1, 2006, an Audit Committee shall be established by Board resolution. The Audit Committee may consist of:
- The Board of Education as a whole;
- A subcommittee of the Board of Education; or
- An Advisory Committee that may include, or be composed entirely of persons other than Board members if, in the opinion of the Board, such membership is advisable to provide accounting and auditing expertise.
The Audit Committee shall consist of at least three (3) members who shall serve without compensation, but shall be reimbursed for any actual and necessary expenditure incurred in relation to attendance at meetings. Employees of the District are prohibited from serving on the Audit Committee. Members of the Audit Committee shall be deemed School District Officers, but shall not be required to be residents of the School District.
The role of the Audit Committee shall be advisory unless the Audit Committee consists of at least a quorum of Board members, and any recommendations it provides to the Board shall not substitute for any required review and acceptance by the Board of Education.
The responsibilities of the Audit Committee include the following:
- Provide recommendations regarding the appointment of the External (Independent) Auditor for the District;
- Meet with the External (Independent) Auditor prior to commencement of the audit;
- Review and discuss with the External (Independent) Auditor any risk assessment of the District’s fiscal operations developed as part of the Auditor’s responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable;
- Receive and review the draft annual audit report and accompanying draft management letter and, working directly with the External (Independent) Auditor, assist the Board of Education in interpreting such documents;
- Make a recommendation to the Board on accepting the annual audit report; and
- Review every corrective action plan developed by the School District and assist the Board in its implementation.
Additional responsibilities of the Audit Committee include: assisting in the oversight of the Internal Audit Function including, but not limited to, providing recommendations regarding the appointment of the Internal Auditor; reviewing significant findings and recommendations of the Internal Auditor; monitoring the School District’s implementation of such recommendations; and evaluating the performance of the Internal Audit Function.
The Audit Committee may conduct an Executive Session pursuant to Public Officers Law Section 105 pertaining to only the following matters:
- To meet with the External (Independent) Auditor prior to commencement of the audit;
- To review and discuss with the External (Independent) Auditor any risk assessment of the District’s fiscal operations developed as part of the Auditor’s responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable; and
- To receive and review the draft annual audit report and accompanying draft management letter and, working directly with the External (Independent) Auditor, assist the Board of Education in interpreting such documents.
Any Board member who is not a member of the Audit Committee may be allowed to attend an Audit Committee meeting if authorized by a Board resolution. However, if such Board member’s attendance results in a meeting of a quorum of the full Board, any action taken by formal vote may constitute official Board action.
Education Law Sections 2116-c, and 3811-3813
Public Officers Law Sections 105(b), 105(c) and 105 (d)
8 New York Code of Rules and Regulations (NYCRR) Section 170.12(d) Back to Top
Policy 5610 Insurance
The objective of the Board of Education is to obtain the best possible insurance at the lowest possible cost, and to seek advice from an Insurance Appraisal Service to determine that adequate coverage is being provided regarding fire, boiler, general liability, bus and student accident insurance.
The Board shall carry insurance to protect the District’s real and personal property against loss or damage. This property shall include school buildings, the contents of such buildings, school grounds and vehicles.
The Board may also purchase liability insurance to pay damages assessed against Board members and District employees acting in the discharge of their respective duties, within the scope of their employment and/or under the direction of the Board.
All insurance policies, along with an inventory of the contents of the building, should be kept in a fireproof depository or with the appropriate insurance agent for safekeeping and referral purposes. The Business Administrator/Manager shall review the District’s insurance program annually and make recommendations to the Board if more suitable coverage is required.
Public Officers Law Section 18
General Municipal Law Sections 6-n and 52
Education Law Sections 1709(8), (26) and (34-b), 2503(10), 2503(10-a), 2503(10-b), 3023, 3028 and 3811 Back to Top
Policy 5611 Liability Insurance for Hired Contractors
For work awarded on a purchase order basis and on snow removal, the Board requires the following limits of liability insurance:
Bodily Injury Liability: $500,000
Property Damage Liability: 100,000
For work awarded on a basis of competitive bids, the Board requires the following limits of liability insurance:
Bodily Injury Liability: $1,000,000
Property Damage Liability: 1,000,000
For private transportation contractors, the Board requires the following limits of liability insurance:
Bodily Injury Liability: $1,000,000 single limit
Property Damage Liability
General liability coverage must include the District as an additional insured unless provided otherwise in any other contract specifications. Also, a copy of a current certificate of insurance in force during the life of the contract should be on file at the District Business Office. Such insurance should include products, completed operations, and property damage liability coverage for explosion where blasting is involved. Coverage for underground damage and collapse, where use is made of trenching equipment and/or backfilling equipment, is also required.
Certificate of Insurance for workers compensation, disability, auto liability and other coverage as deemed necessary should also be on file at the District business office.
Bid and performance bonds will be required as deemed necessary. Back to Top
Policy 5620 Inventories
The Business Administrator/Manager or his/her designee shall be responsible for maintaining a continuous and accurate inventory of equipment owned by the District in accordance with “The Uniform System of Accounts for School Districts.”
All supplies and equipment purchased and received by the School District shall be checked, logged, and stored through an established procedure.
Uniform System of Accounts for School Districts (Fiscal Section) Back to Top
Policy 5621 Accounting of Fixed Assets
The Business Administrator/Manager shall be responsible for accounting for general fixed assets according to the procedures outlined by the Uniform System of Accounts for School Districts and GASB Statement 34 Regulations.
These accounts will serve to:
- Maintain a physical inventory of assets;
- Establish accountability;
- Determine replacement costs; and
- Provide appropriate insurance coverage.
Fixed assets with a minimum value established by the Board that have a useful life of one (1) year or more and physical characteristics not appreciably affected by use or consumption shall be inventoried and recorded on an annual basis. Fixed assets shall include land, buildings, equipment and materials.
The Board shall establish a dollar threshold as a basis for considering which fixed assets are to be depreciated. Such threshold shall ensure that at least 80 percent of the value of all assets is reported. However, it is recommended that such threshold shall not be greater than $5,000. A standardized depreciation method and averaging convention shall also be established for depreciation calculations.
Fixed assets acquired having a value equal to or greater than the established threshold are considered depreciable assets and shall be inventoried for the purposes of GASB 34 accounting practices and placed on a depreciation schedule according to its asset class and estimated useful life as stipulated by the NY State Comptroller’s Office or the IRS.
Assets shall be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed assets shall be recorded at estimated fair value at the time of the gift. A property record will be maintained for each asset and will contain, where possible, the following information:
- Date of acquisition;
- Cost or value;
- Asset type;
- Estimated useful life;
- Replacement cost;
- Current value;
- Salvage value;
- Date and method of disposition; and\
- Responsible official.
The Business Administrator/Manager shall arrange for the annual inventory and appraisal of School District property, equipment and material. Any discrepancies between an inventory and the District’s property records on file should be traced and explained. Back to Top
Policy 5630 Facilities: Inspection, Operation and Maintenance
Operation and Maintenance
The Board, through the Superintendent and his/her staff, has the responsibility of protecting the District's facilities through a systematic maintenance program. The program shall include periodic preventive maintenance activities, long-range maintenance schedules, and emergency repair procedures. The District will make reasonable attempts to ensure that all maintenance work will be carried out in the least intrusive manner.
Construction and Remodeling of School Facilities
The District will ensure all capital projects and maintenance comply with the requirements of the New York State Uniform Fire Prevention and Building Code, the Manual of Planning Standards, and the Commissioner's regulations. Relevant documentation regarding all new buildings must be formally submitted to the State Education Department no matter the size or cost. The New York State Education Department Office of Facilities Planning has provided an Instruction Guide on their official website.
Plans and specifications for the erection, enlargement, repair, or remodeling of facilities of the District shall be submitted to the Commissioner consistent with applicable law.
Plans and specifications submitted to the Commissioner shall bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications shall also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code.
For remodeling or construction projects, the District will ensure compliance with the requirements of the State Uniform Fire Prevention and Building Code and Commissioner's regulations. The District will also retain the services of an architect or engineer licensed to practice in New York State as required by law or regulation, or as necessary given the scope and cost of the project.
CARBON MONOXIDE DETECTION REQUIREMENTS
All new and existing District buildings that have appliances, devices, or systems that may emit carbon monoxide, and all attached garages, must have a means to detect carbon monoxide. Buildings include school buildings, administrative buildings, bus maintenance facilities, concession stands, and field houses. Carbon monoxide may be produced by fuel-fired heating systems (boilers, HVAC units, and makeup air units), emergency or standby electric generation within a building, fuel-fired kitchen equipment (ranges, ovens, steamers, dishwashers, and makeup air units serving hoods), fuel-fired domestic hot water heaters, laboratory/shop equipment (gas outlets, torches, gas-fired kilns, and stationary or portable engines), maintenance and storage areas with fuel-fired equipment, and in garages.
The District may use a self-contained carbon monoxide alarm, a carbon monoxide detection system, or both. The District will comply with all laws and regulations regarding alarms/detectors, including where they must be located, their power sources, and labeling requirements. The District should develop written standard operating procedures to follow when a carbon monoxide detector is activated.
The District is mindful of the health and safety of its students, staff, and visitors and, as such, the District administration will cooperate with appropriate officials conducting health, fire, asbestos, bus, and boiler inspections. In addition, the administration shall keep the Board of Education informed of the results of such inspections in a timely fashion.
In accordance with the Asbestos Hazard Emergency Response Act (AHERA), the District will inform all employees and building occupants (or their legal guardians) at least once each school year about all asbestos inspections, response actions, post-response action activities, as well as triennial re-inspection activities and surveillance activities that are either planned or in progress. The District will provide yearly notification to parent, teacher, and employee organizations on the availability of the District's asbestos management plan and any asbestos-related actions taken or planned in the school.
*To help protect staff, students, and visitors from contracting Legionnaires' disease from Legionella bacteria, the District will register any cooling towers it owns with NYSED, providing the information in any form that the Department requires. The District will also adhere to the inspection, annual certification, and maintenance program and planning requirements mandated by NYSED. Further, the District will maintain records regarding all inspection results, corrective action, cleaning and disinfection, tests, and certifications for at least three years. The District will keep a copy of its required maintenance program and plan on the premises where the cooling tower is located.
Comprehensive Public School Building Safety Program (Rescue)
To ensure that all District facilities are properly maintained and preserved and provide suitable educational settings, the Board of Education requires that all occupied school facilities which are owned, operated or leased by the District comply with the provisions of the Comprehensive Public School Building Safety Program, the Uniform Code of Public School Building Inspections, and the Safety Rating and Monitoring as prescribed in Commissioner's regulations. For this reason, the District shall develop a Comprehensive Public School Building Safety Program in accordance with Commissioner's regulations.
The program shall be reevaluated and made current at least annually, and shall include the following:
- A five (5) year capital facilities plan which will include an appraisal of the following: the educational philosophy of the District, with resulting administrative organization and program requirements; present and projected student enrollments; space use and State-rated student capacity of existing facilities; the allocation of instructional space to meet the current and future education program and service needs, and to serve students with disabilities in settings with nondisabled peers; priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and the provision of additional facilities.
- A District-wide building inventory, which will include information pertaining to each building including, but not limited to:
- Type of building, age of building, size of building;
- Rated capacity, current enrollment;
- List of energy sources and major systems (lighting, plumbing, electrical, heating); and\
- Summary of triennial Asbestos Inspection reports.
- An annual visual inspection of each occupied building and assignment of a safety rating score. The inspection committee must include a state certified code enforcement official, the District’s facility director or designee, and a member of the District’s Health and Safety Committee.
- A building condition survey shall be conducted for all occupied school buildings once every five (5) years by a team that includes at least one (1) licensed architect or engineer.
- A District-wide monitoring system which includes:
- Establishing a Health and Safety Committee;
- Development of detailed plans and a review process of all inspections;
- Procedures for a response in writing to all inquiries about building health and safety concerns, a copy of which will be sent to the District’s Health and Safety Committee for oversight, and a copy kept on permanent file.
- Procedures to ensure the safety of the building occupants while a construction/renovation project is taking place. These procedures will include:
- Notification to parents, staff and the community at least two (2) months in advance of a construction project of ten thousand dollars ($10,000) or more to be conducted in a school building while the building is occupied; provided, however, that in the case of emergency construction projects, such notice shall be provided as far in advance of the start of construction as is practicable;
- A plan to ensure that all contractors comply with all health and safety issues and regulations, and wear photo ID badges;
- An opportunity for the District’s Health and Safety Committee to conduct a walk-through inspection of newly renovated or constructed areas to confirm that the area is ready to be reopened for use; and
- An emergency plan which will address potential concerns with the capital project including, but not limited to, evacuation procedures, fire drills, and structural failures.
Asbestos Inspection: 40 CFR Part 763, Subpart E
15 USC §§ 2641-2656
Carbon Monoxide Detection: 19 NYCRR § 1228.4
Fire Inspection: Education Law § 807-a
8 NYCRR § 155.4
Health and Safety Committee: 8 NYCRR § 155. 4(d)(1)
Legionella Protection: 10 NYCRR § 4.1, et seq.
Plans and Specifications: Education Law §§ 408, 408-a and 409
8 NYCRR §§ 155.1 and 155.2
19 NYCRR §§ 1221-1240
Structural Safety Inspections: Education Law §§ 409-d, 409-e, 3602 and 3641(4)
8 NYCRR §§ 155.1, 155.3, and 155.4(b)(1)
Policy 5631 Hazardous Waste and Handling of Toxic Substances by Employees
The Board of Education recognizes the need to protect human health and the environment from damage resulting from the improper handling of hazardous wastes.
The management of hazardous waste from its point of generation to the ultimate disposal is regulated through specific Federal and State laws.
The Board directs the Superintendent to adopt rules to ensure District implementation of applicable Federal and State laws pertaining to the identification, transportation, treatment, storage, and disposal of hazardous wastes.
Environmental Protection Agency
40 Code of Federal Regulations (CFR) 261 and 262
6 New York Code of Rules and Regulations (NYCRR) Part 371 Back to Top
Policy 5632 Pest Management and Pesticides Usage
The Board of Education is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.
Structural and landscape pests can pose significant problems for people and property. Weeds and infestations can destroy playing fields and playgrounds and more importantly, cause severe allergic reactions. Pesticides can pose risks to people, property, and the environment. It is therefore the policy of the School District to incorporate Integrated Pest Management (IPM) procedures for control of weeds, structural and landscape pests. The objective of this program is to provide necessary pest control while using the least toxic approach to all pests, weeds and infestations.
Pest/Pesticide Management Plan
The District will manage weeds and pests to:
- Reduce any potential human health hazard or threat to public safety.
- Prevent loss or damage to school structures or property.
- Prevent pests from spreading into the community, or to plant and animal populations beyond the site.
- Enhance the quality of life for students, staff, and others.
Integrated Pest Management (IPM) Coordinator
An IPM Coordinator will be appointed by the Superintendent of schools. The Coordinator will be responsible for implementing the IPM policy and plan. The coordinator’s responsibilities will include the following:
- Recording all pest sightings by school staff and students.
- Recording all pesticide use and utilizing the least toxic approach.
- Meeting with a local pest control expert, such as a pesticide contractor to share information on what pest problems are present in the school.
- Assuring that all of the expert’s recommendations on maintenance and sanitation are carried out where feasible.
- Assuring that pesticide use is done when school is not in session or when the area can be completely secured against access by school staff and students for a standard seventy-two (72) hours, or as required by the pesticide being used.
- Evaluating the school’s progress in the IPM plan.
- Notifying parents, staff and neighbors of any applications of pesticides forty-eight (48) hours before they occur. The IPM Coordinator will serve as the District’s Pesticide Representative
Pesticide Use on Common Areas
Pesticides will not be used on playgrounds, turf, athletic or playing fields, in effect, all lawn areas of the school. In these common areas where children gather and play, pesticide alternatives will be used whenever possible and effective. The prohibition does not apply to indoor use or the application to building structures.
An exception may be made for emergency applications of pesticide only when approved in advance by the School Board. The Board may consult with the local Health Department on public health related emergency determinations. They may also consult with the Department of Environmental Conservation (DEC) for environmental emergency determinations. Emergency determinations should only be sought for one-time pesticide application in a specific situation, which presents a true emergency. The guidance document from DEC provides clarification on emergency determinations. It can be found at: http://www.dec.ny.gov/docs/materials_minerals_pdf/guidancech85.pdf
Some types of pesticides and alternatives, those deemed safe in federal regulation, may be allowable on playing fields and playgrounds in certain circumstances. The District will develop regulations governing the use of pesticides and their alternatives on school grounds.
New requirements and restrictions regarding the use of phosphorus fertilizers on school grounds have been developed. Chapter 205 of the Laws of 2010 dictates the requirements which must be adhered to regarding grounds maintenance starting on January 1, 2012.
- Fertilizer use is prohibited between December 1 and April 1 annually.
- The use of fertilizers is prohibited within twenty (20) feet of any surface water except:
- Where a continuous natural vegetation buffer, at least ten (10) feet wide, separates lawn and water.
- Where a spreader guard, deflector shield or drop spreader is used, then the application may not occur within three feet of any surface water.
- The use of phosphorus fertilizers are prohibited on lawns or other non-agricultural turf with the following exceptions:
- The use of phosphorus fertilizers are needed to establish a new lawn; or
- A soil test shows that phosphorus fertilizers are needed for growth.
- Fertilizer cannot be used on any impervious surfaces and if such an application occurs, it must be cleaned immediately and legally applied or placed in an appropriate container.
The District’s IPM Coordinator or designated Pesticide Representative will give prior written notice of all pesticide applications to anyone who has asked to receive such notice. The District will also notify parents, students and staff of periodic pesticide applications. The District will maintain a list of those people who wish to receive forty-eight (48) hour notice before pesticide applications and will ensure that a system is developed to deliver such notice in a timely fashion to all affected. The notification system may be by mail or email, and will ensure that a back-up method is available to notify those for whom the regular system is unworkable. The name and contact information for the District Pesticide Representative will be made available to all requesting it.
The 48-Hour Prior Notification Form can be obtained on the District’s Web Site and in the Superintendent’s Office located at 39 Linden Avenue, Cooperstown.
The District must also provide additional written notification to all parents and staff three (3) times per year to inform them of any pesticide applications that have occurred: within ten (10) days of the end of the school year, within two (2) school days of the end of winter recess and within two (2) days of the end of spring recess.
Records of pesticide use will be maintained on site in the Superintendent’s Office for three (3) years. Records will be completed on the day of pesticide use. In addition, pest surveillance records will be maintained to help verify the need for pesticide treatments. Annual reports of any applications must be sent to DEC.
Education Law Sections 409-k, 409-h
Environmental Conservation Law Sections 17-2103, 33-0303
40 Code of Federal Regulations (CFR) Part 152.25
7 United States Code Section 136(mm), 136q(h)(2) (FIFRA)
NYCRR Part 155.4(d)(2)
Revised: 9/14/11 Back to Top
Policy 5633 Gender Neutral Single-Occupancy Bathrooms
The District is committed to creating and maintaining an inclusive educational and work-environment. The District will ensure that all single-occupancy bathroom facilities are designated as gender neutral for use by no more than one occupant at a time or for family or assisted use.
"Single-occupancy bathroom" means a bathroom intended for use by no more than one occupant at a time or for family or assisted use and which has a door for entry into and egress from the bathroom that may be locked by the occupant to ensure privacy and security.
All gender neutral bathroom facilities will be clearly designated by the posting of signage either on or near the entry door of each facility.
Education Law § 409-m
Public Buildings Law § 145
NOTE: Refer also to Policy #7552 -- Student Gender Identity
Adopted 03/17/21Revised: 03/17/21 Back to Top
Policy 5640 Smoking/Tobacco Use
Use of Tobacco and vaping products shall not be permitted, and no person shall use tobacco or vaporizing products on school grounds or within one hundred (100) feet of the entrances, exits, or outdoor areas of any public or private elementary or secondary schools. However, this shall not apply to a residence, or within the real property boundary lines of such residential real property. For purposes of this policy, "school grounds" means any building, structure, and surrounding outdoor grounds, including entrances or exits, contained within the District's legally defined property boundaries as registered in the County Clerk's Office; as well as all District vehicles, including vehicles used to transport children or school personnel.
For purposes of this policy, tobacco and vaporizing products are defined as any lighted or unlighted cigarette, cigar, cigarillo, pipe, spit/spitless tobacco and any other smoking, vaping, or tobacco product in any form.
The use of vaporizing products/devices and any other products containing nicotine, are also prohibited on school grounds and any school sponsored activity.
Posting/Notification of Policy
In compliance with the New York State Clean Indoor Air Act, the District will prominently post its Smoking/Tobacco Use policy and signs prohibiting all forms of tobacco products in District buildings and other appropriate locations; and will supply a copy upon request to any current or prospective employee. The District will also designate a school official to tell individuals who smoke in a non-smoking area that they are in violation of the New York State Public Health Law, Education Law, the federal Pro-Children Act of 1994 and District policy.
The District shall also ensure that this policy is communicated to staff, students, parents/guardians, volunteers, and visitors as deemed appropriate in order to orient all persons to the District's "No Smoking" Policy and environment.
Prohibition of Tobacco & Vaping Promotional Items/Tobacco Advertising
Tobacco and vaporizing promotional items (e.g., brand names, logos and other identifiers) are prohibited:
a) On school grounds;
b) In school vehicles;
c) At school-sponsored events, including those that take place off school premises and in another state;
d) In school publications;
SUBJECT: SMOKING/TOBACCO USE (Cont'd.)
e) On clothing, shoes, accessories, gear, and school supplies in accordance with the District Code of Conduct and applicable collective bargaining agreements.
This prohibition of tobacco and vaporizing promotional items shall be implemented in accordance with the Code of Conduct and applicable collective bargaining agreements.
In addition, tobacco and vaporizing product advertising are also prohibited in all school-sponsored publications and at all school sponsored events. The District will request, whenever possible, tobacco-free, and vaporizing-free editions of periodical publications for school libraries and classroom use.
Safe and Drug-Free Schools and Communities Act, 20 USC Section 7101 et seq.
Pro-Children Act of 2001, as amended by the No Child Left Behind Act of 2001, 20 USC
Education Law Sections 409, 2801(1) and 3020-a
Public Health Law Article 13-E
NOTE: Refer also to Policies #3280 -- Use of School Facilities, Materials and Equipment
#3410 -- Code of Conduct on School Property
#7320 -- Alcohol, Tobacco, Drugs, and Other Substances (Students)
#8211 -- Prevention Instruction
Amended: 07/02/19 Back to Top
Policy 5650 Energy/Water Conservation and Recycling of Solid Waste
The Board of Education recognizes the importance of energy and water conservation and is committed to the analysis, development, and initiation of conservation measures throughout the District for the purpose of reducing energy consumption.
The Superintendent will develop a program for the source separation and segregation of recyclable or reusable materials in the District. This District-wide recycling plan shall include:
- A conservation education program to teach students about their social responsibility for preserving our resources, and involvement of all students and personnel in a comprehensive effort to reduce, reuse and recycle waste materials;
- A concerted effort to purchase recycled items and biodegradable rather than non-biodegradable products;
- Separation of waste into appropriate categories for the purpose of recycling including mercury-added consumer products; and
- A cooperative effort with community recycling programs.
Environment Conservation Law
General Municipal Law Section 120-aa Back to Top
Policy 5660 Meal Charging and Prohibition Against Meal Shaming
It is the District's goal to provide students with access to nutritious no- or low-cost meals each school day and to ensure that a student whose parent/guardian has unpaid meal charges is not shamed or treated differently than a student whose parent/guardian does not have unpaid meal charges.
Unpaid meal charges place a large financial burden on the District. The purpose of this policy is to ensure compliance with federal requirements for the USDA Child Nutrition Program and to provide oversight and accountability for the collection of outstanding student meal balances to ensure that the student is not stigmatized, distressed, or embarrassed.
The intent of this policy is to establish procedures to address unpaid meal charges throughout the District in a way that does not stigmatize, distress, or embarrass students. The provisions of this policy pertain to regular priced reimbursable school breakfast, lunch and snack meals only. Charging of items outside of the reimbursable meals (a la carte items, adult meals, etc.) is expressly prohibited.
Access to Meals
- a) Free meal benefit eligible students will be allowed to receive a free breakfast and lunch meal of their choice each day. A la carte items or other similar items must be paid/prepaid.
- b) Reduced meal benefit eligible students will be allowed to receive a breakfast of their choice for $0.00 and lunch of their choice for $0.00 each day. A la carte items or other similar items must be paid/prepaid.
- c) Full pay students will pay for meals at the District's published paid meal rate each day. A student will be allowed to charge a maximum of fifteen dollars ($15.00) to their account after the balance reaches zero. The charge meals offered to students will be reimbursable meals available to all students, unless the student's parent or guardian has specifically provided written permission to the District to withhold a meal. A la carte items or other similar items must be paid/prepaid.
Ongoing Staff Training
- a) Staff will be trained annually and throughout the year as needed on the procedures for managing meal charges using the State Education Department (SED) Webinar or the District's training program.
- b) Staff training will include ongoing eligibility certification for free or reduced price meals.
- a) Parents/guardians will be notified that a student's meal card or account balance is exhausted within ten (10) days and then every week thereafter.
- b) Parents/guardians will be notified that a student has accrued unpaid meal charges within ten (10) days of the charge and then every week thereafter.
SUBJECT: MEAL CHARGING AND PROHIBITION AGAINST MEAL SHAMING (Cont'd.)
- a) Staff will communicate with parents/guardians with five or more unpaid meal charges to determine eligibility for free or reduced price meals.
- b) Staff will make two documented attempts to reach out to parents/guardians to complete a meal application in addition to the application and instructions provided in the school enrollment packet.
- c) Staff will contact the parent/guardian to offer assistance with completion of meal application to determine if there are other issues within the household causing the student to have insufficient funds, offering any other assistance that is appropriate.
Minimizing Student Distress
- a) Staff will not publicly identify or stigmatize any student in line for a meal or discuss any outstanding meal debt in the presence of any other students.
- b) Students with unpaid meal charges will not be required to wear a wristband or handstamp, or to do chores or other work to pay for meals.
- c) Staff will not throw away a meal after it has been served because of the student's inability to pay for the meal or because of previous unpaid meal charges.
- d) Staff will not take any action directed at a student to collect unpaid meal charges.
- e) Staff will deal directly with parents/guardians regarding unpaid meal charges.
Ongoing Eligibility Certification
- a) Staff will conduct direct certification through the New York Student Identification System (NYSSIS) or using SED Roster Upload at least monthly to maximize free eligibility.
- b) Staff will provide parents/guardians with free and reduced price application and instructions at the beginning of each school year in the school enrollment packet.
- c) If the District uses an electronic meal application, it will provide an explanation of the process in the school enrollment packet and instructions on how to request a paper application at no cost.
- d) The District will provide at least two additional free and reduced price applications throughout the school year to families identified as owing meal charges.
- e) The District will use its administrative prerogative to complete an application on a student's behalf judiciously, and only after using exhaustive efforts to obtain a completed application from the student's parent/guardian. The District will complete the application using only available information on family size and income that falls within approvable guidelines.
SUBJECT: MEAL CHARGING AND PROHIBITION AGAINST MEAL SHAMING (Cont'd.)
- f) The District will coordinate with the foster, homeless, migrant, and runaway coordinators at least monthly to certify eligible students.
Students/Parents/Guardians may pay for meals in advance via MySchoolBucks https://www.myschoolbucks.com/ver2/login/getmain?requestAction=home or with a check payable to Cooperstown Central School. Further details are available on the District's webpage at www.cooperstowncs.org. Funds should be maintained in accounts to minimize the possibility that a student may be without meal money on any given day. Any remaining funds for a particular student will be carried over to the next school year.
To obtain a refund for a withdrawn or graduating student, a written or e-mailed request for a refund of any money remaining in the student's account must be submitted. Students who are graduating at the end of the year will be given the option to transfer any remaining money to a sibling's account through a written request.
Unclaimed funds must be requested within one school year. Unclaimed funds will then become the property of the District Food Service Program.
Policy 5661 Food Services Management
The school lunch program will be operated on a self-supporting basis in areas of salary, fringe benefits, food costs and equipment purchase and maintenance. Indirect costs such as space, heat, utilities and administrative support, and special school functions, will be paid from the General Fund.
However, it is recognized that factors beyond the control of administration may result in a school lunch fund deficit. To avoid creating or increasing a loss in the School Lunch Fund, an interfund transfer from the General Fund to the School Lunch Fund may be included each year in the General Fund Budget in an identifiable manner. Back to Top
Policy 5662 District Wellness Policy
The Cooperstown Central School District is committed to providing a school environment that promotes and protects children's health, well-being, and the ability to learn by fostering healthy eating and physical activity before, during, and after the school day.
The District has established a wellness committee that meets at least four times per year to establish goals for, and oversee the development of the District's local wellness policy. The Committee will make policy recommendations for review and adoption by the Board of Education. The District Wellness Committee includes, but is not limited to, representatives from each of the following groups:
- Parents and caregivers;
- Physical Education teachers;
- School health professionals;
- The District’s food service program;
- School Board;
- School administrators;
- General Education teachers; and
- Members of the public.
The District Wellness Committee will also be responsible for assessing current activities, programs, and policies available in the District, and providing mechanisms for implementation, evaluation, and revision of the policy. In so doing, the Wellness Committee will evaluate and make recommendations which reflect the specific needs of the District and its students.
The Superintendent will designate a District Wellness Coordinator to convene the District Wellness Committee in order to facilitate the development of, and any proposed updates to, the District’s wellness policy, and will also ensure the District’s compliance with this policy.
Goals to Promote Student Wellness
The District seeks to ensure all of its students obtain the knowledge and skills necessary to make nutritious food selections and enjoy life-long physical activity. To this end, the District sets forth the following goals relating to nutrition promotion and education, physical activity, and other school-based activities.
Nutrition Promotion and Education
The District will model and encourage healthy eating by all students by engaging in nutrition education and promotion by:
- Nutrition education will be integrated within the comprehensive health education curriculum and other instructional areas, as appropriate, and taught at every grade level, K through 12. Nutrition education will follow applicable New York State Standards and be designed to help students acquire:
- Nutrition knowledge, including but not limited to: the benefits of healthy eating; essential nutrients; nutritional deficiencies; principles of healthy weight management; the use and misuse of dietary supplements; and safe food storage, handling, and preparation.
- Nutrition related skills, including but not limited to: planning healthy meals; understanding and using food labels; critically evaluating nutrition information, misinformation, and commercial food advertising; assessing personal eating habits; and setting and achieving goals related to these concepts.
- Marketing and Promotion
- The District will promote nutrition education activities that involve parents, students, and the community.
- The District will promote healthy food and beverage choices for all students and encourage participation in school meal programs. This will occur by using Smarter Lunchroom techniques which guide students toward healthful choices and ensuring that 100% of foods and beverages promoted to students meet the Smart Snacks in School nutrition standards, which can be found on the United States Department of Agriculture’s (USDA) official website.
- The District will promote school and community awareness of this policy through various means, such a publication on the District website.
- Marketing and advertising of foods and beverages on school campuses during the school day will be consistent with nutrition education and health promotion. As such, schools will restrict food and beverage marketing to the promotion of those foods and beverages that meet the nutrition standards set forth by the Healthy Hunger-Free Kids Act's Smart Snacks in School Rule and that are consistent with this policy.
- The District is cognizant of the fact that certain scoreboards, signs, and other durable equipment it employs may market foods and beverages in a way that is inconsistent with the aims of this policy. While the immediate replacement of this equipment is not required, the District will replace or update this equipment over time to ensure the message it delivers to students regarding nutrition, health, and well-being is consistent. As the District reviews existing contracts, or considers new contracts, resulting decisions should reflect the marketing guidelines established by this policy.
- The District will provide opportunities for every student to participate in physical education and in an effort to comply with the recommendation that children and adolescents participate in at least 60 minutes of physical activity each day, is also committed to providing opportunities for physical activity. In doing so, the District aims to promote among students, staff, and community members, the development of knowledge and skills for specific physical activities, the maintenance of physical fitness, regular participation in physical activity, and an understanding of the short-term and long-term benefits from a physically active and healthy lifestyle.
- The District will ensure that the following standards are met to achieve its goals relative to physical education and physical activity:
- The District will have a Board-approved Physical Education Plan on file with the New York State Education Department that meets or exceeds the requirements set forth in Section 135.4 of the Commissioner of Education’s regulations.
- The District recognizes the importance of physical education classes in providing students with meaningful opportunities for physical exercise and development. Consequently, the District will ensure:
- All physical education classes are taught or supervised by a certified physical education teacher.
- All physical education staff receives professional development relevant to physical education on a yearly basis.
- Interscholastic sports, intramural sports, and recess do not serve as substitutes for a quality physical education program.
- Students are afforded the opportunity to participate in moderate to vigorous activity for at least 50% of physical education class time.
- It provides adequate space and equipment for physical education and conforms to all applicable safety standards.
- An age appropriate, sequential physical education consistent with national and state standards for physical education is implemented, with a focus on students' development of motor skills, movement forms, and health related fitness.
- A physical and social environment is provided that encourages safe and enjoyable activity for all students.
- Activities or equipment are adapted to meet the needs of students who are temporarily or permanently unable to participate in the regular program of physical education. In doing so, the District will abide by specific provisions in 504 Plans and/or individualized education programs (IEP). To that end, the Committee on Special Education (CSE) will ensure that a certified physical education teacher participates in the development of a student’s IEP, if the student may be eligible for adapted physical education.
- All students, including students in need of adaptive physical education, will be encouraged to participate in physical fitness programs and competitions.
- All students will be required to fulfill the physical education requirements set forth in the regulations of the Commissioner of Education as a condition of graduating from the District's schools.
- All classroom teachers, and particularly those engaged in the instruction of K through 5 students, are strongly encouraged to incorporate into the school day short breaks for students that include physical activity, especially after long periods of inactivity. Teachers are encouraged to incorporate kinesthetic learning approaches into core learning subjects when possible so as to limit sedentary behavior during the school day. Additionally, all elementary students will be offered one daily period of recess for a minimum of twenty (20) minutes. This requirement will not apply on days where students arrive late, leave early, or are otherwise on campus for less than a full day. Outdoor recess will be offered when weather permits. In the event that indoor recess is necessary, it will be offered in a place that accommodates moderate to vigorous physical activity.
- Physical activity during the school day, including, but not limited to, recess or classroom activity breaks, will not be withheld for disciplinary action unless the student is a danger to him or herself or others. Classroom teachers will be provided with a list of ideas for alternative ways to discipline students. Recess, physical education, or other physical activity time will not be cancelled for instructional make up time.
Other School-based Activities
The District is committed to establishing a school environment that is conducive to healthy eating and physical activity for all. The District will, therefore, adopt the following standards:
- Federal School Meal Programs:
- The District will participate to the maximum extent practicable in available federal school meal programs (including the School Breakfast Program (SBP) and National School Lunch Program (NSLP), including after-school snacks). Food served through these programs will meet all applicable federal and state standards.
- The District will ensure that food service directors, managers, and staff are provided with annual professional development in the areas of food and nutrition consistent with USDA Professional Standards for State and Local Nutrition Programs. District food service staff will solicit student feedback on the school breakfast and/or school lunch program(s).
- Access to School Nutrition Programs The District will utilize a system of student payment that ensures all eligible students have access to free/reduced meals in a non-stigmatizing manner.
- Meal Environment The District will ensure:
- School dining areas have sufficient space for students to sit and consume meals.
- School dining areas are clean, safe, and pleasant environments that reflect the social value of eating.
- Enough serving areas are provided to ensure student access to school meals with a minimum of wait time.
- All students have a scheduled lunch period, unless agreed upon by students, parents, Teachers, and administration due to scheduling conflict.
- Lunch times are scheduled near the middle of the school day.
- Students are given adequate time to eat healthy meals.
- Students and staff have access to free, safe, and fresh drinking water throughout the school day and where school meals are served.
- Community Partnership The District will continue relationships with community partners in support of the implementation of this policy. Existing and new community partnerships will be evaluated to ensure they are consistent with this policy and its goals.
In an effort to encourage healthy life-long eating habits by providing foods that are high in nutrients, low in saturated fat and added sugars, have zero grams trans-fat per serving, and are of moderate portion size, the District Wellness Committee recommends nutrition standards to be set for all foods and beverages available on school campus. For purposes of this policy, the school day is defined as the period from the midnight before, to thirty (30) minutes after the end of the official school day.
All schools within the District participate in the USDA child nutrition programs, including the NSLP and the SBP. School meals will, at a minimum, meet the program requirements and nutrition standards of these programs. The District is committed to ensuring that meals through the SBP and NSLP are accessible to all students, are served in sanitary settings, are appealing to children, and meet or exceed those nutrition requirements established by local, state, and federal law and regulation. The USDA nutrition standards are available online.
- All foods and beverages sold as or during a fundraiser during the school day will meet, or exceed, the nutritional requirements listed in the USDA Healthy, Hunger-Free Kids Act "Smart Snacks in Schools" Rule: these foods and beverages sold as fundraisers will not be sold until the end of the last lunch period, so as not to compete with the NSLP.
- School-sponsored fundraisers conducted outside of the school day will be encouraged to support the goals of this policy by promoting the sale of healthy food items (fresh fruit and produce) and/or non- food items, such as water bottles, plants, etc., and by promoting events involving physical activity.
Competitive Foods and Beverages Sold and Served to Students During the School Day
Competitive foods-which include all foods and beverages sold to students outside of the school meal programs, on the school campus in student accessible areas, and at any time during the school day-will follow, at a minimum, the nutrition standards specified by the Healthy, Hunger-Free Kids Act. These standards will apply to all foods and beverages sold individually and outside of the reimbursable school meal, including vending machines, school stores, and cafeteria a la carte lines.
Competitive Foods and Beverages Served to Students During the School Day
The District will encourage staff and parents to provide students with healthy options at any event where foods and beverages are served to students (i.e. classroom and school-wide celebrations and rewards).
- Refreshments for district meetings, classroom, club, and team celebrations will include healthy food and beverage choices. At the elementary school, birthdays are encouraged to be celebrated once per month and encourage healthy food options.
Foods and Beverages Sold or Served at Events Outside of the School Day
- All foods and beverages sold or served at school-sponsored events will be in serving sizes which are in accordance with recommended dietary guidelines and/or nutrition standards.
- At events where food and beverages are sold, an effort will be made to encourage the sale of items that meet the USDA Healthy, Hunger-free Kids Act "Smart Snacks in Schools" Standards.
Implementation and Evaluation of the Wellness Policy
- Evaluation and feedback from interested parties, including an assessment of student, parent, teacher, and administration satisfaction with the wellness policy, are welcomed as an essential part of the District's evaluation program.
- Assessments of compliance with the District's wellness policy and implementation efforts will be repeated on a triennial basis. The assessment will include:
- Compliance with the wellness policy;
- How the wellness policy compares to model wellness policies; and
- Progress made in attaining the goals of the wellness policy.
- The District will, as necessary, revise and update this wellness policy, but at least every three (3) years, following the triennial assessment, and develop work plans to facilitate its implementation.
The District will inform families and the general public each year, via the District website and/or District-wide communications, of information about this policy, including, but not limited to, its content as well as any updates.
The District will retain records relative to complaicne with the requirements of this policy in the Distrtict Office and/or on the District’s central computer network. Documentation maintained at this location includes, but is not limited to:
- The written wellness policy;
- Documentation demonstrating that this policy has been made available to the public;
- Documentation of efforts to review and update this policy;
- Documentation to demonstrate compliance with the annual public notification requirements;
- The most recent assessment on the implementation of this policy;
- Documentation demonstrating the most recent assessment on the implementation of this policy has been made available to the public.
National School Lunch Act, 42 USC § 1758(b)
National School Lunch Program and School Breakfast Program regulations, 7 CFR § 210.11
Local School Wellness Policy Implementation Under the Healthy, Hunger-Free Kids Act of 2010; 79 FR 10693
Education Law § 915
8 NYCRR § 135.4
Policy 5670 Records Management
A Records Management Officer shall be designated by the Superintendent, subject to the approval of and appointment by the Board of Education. The Records Management Officer shall coordinate the development of and oversee a program for the orderly and efficient management of records, including the legal disposition or destruction of obsolete records, and shall be given the authority and responsibility to work with other local officials at all levels in the development and maintenance of the records management program.
In addition, a Records Advisory Board may be created to assist in establishing and supporting the records management program. The District’s legal counsel, the fiscal officer, and the Superintendent/designee may comprise the Advisory Board.
Retention and Disposition of Records
The Superintendent shall retain records for such a period and dispose of them in the manner described in Records Retention and Disposition Schedule ED-1, established pursuant to Part 185, Title VIII of the Official Compilation of Codes, Rules and Regulations of the State of New York and Article 57-A of the Arts and Cultural Affairs Law.
Special Approvals for Disposition of Records Not Included in Schedule/Records Damaged by Natural or Manmade Disasters
Records not listed on a records retention and disposition schedule shall not be disposed of without the approval of the Commissioner of Education.
Records that have been damaged by natural or manmade disaster and constitute a human health or safety risk also require the Commissioner’s prior approval before disposition.
Replacing Original Records with Electronic Images
Digital images of public records may be stored on electronic media, and such electronic records may replace paper originals or micrographic copies of these records. To ensure accessibility and intelligibility for the life of these records, the School District shall follow the procedures prescribed by the Commissioner of Education.
Retention and Preservation of Electronic Records
The District shall ensure that records retention requirements are incorporated into any plan and process for design, redesign, or substantial enhancement of an information system that stores electronic records.
Arts and Cultural Affairs Law Section 57.19
8 New York Code of Rules and Regulations (NYCRR) Section 185
Amended: 12/10/08 Back to Top
Policy 5672 Information Security Breach and Notification
The School District values the protection of private information of individuals in accordance with applicable law and regulations. Further, the District is required to notify affected individuals when there has been or is reasonably believed to have been a compromise of the individual’s private information in compliance with the Information Security Breach and Notification Act and Board policy.
- “Private information” shall mean **personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:
- Social security number;
- Driver’s license number or non-driver identification card number; or
- Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual’s financial account.
“Private information” does not include publicly available information that is lawfully made available to the general public from federal, state or local government records.
**”Personal information” shall mean any information concerning a person which, because of name, number, symbol, mark or other identifier, can be used to identify that person.
- “Breach of the security of the system,” shall mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the District. Good faith acquisition of personal information by an employee or agent of the District for the purposes of the District is not a breach of security of the system, provided that private information is not used or subject to unauthorized disclosure.
Examples of Determining Factors
In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or person without valid authorization, the District may consider the following factors, among others:
- Indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information; or
- Indications that the information has been downloaded or copied; or
- Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.
- For any computerized data owned or licensed by the School District that includes private information, the District shall disclose any breach of the security of the system following discovery or notification of the breach to any New York State resident whose private information was , or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure to affected individuals shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The District shall consult with the State Office of Cyber Security and Critical Infrastructure Coordinator (CSCIC) to determine the scope of the breach and restoration measures.
- For any computerized data maintained by the District that includes private information which the District does not own, the District shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization.
The notification requirement may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The required notification shall be made after the law enforcement agency determines that such notification does not compromise the investigation.
Methods of Notification
- Written notice
- Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and a log of each such notification is kept by the District when notifying affected persons in electronic form. However, in no case shall the District require a person to consent to accepting such notice in electronic form as a condition of establishing any business relationship or engaging in any transaction;
- Telephone notification, provided that a log of each such notification is kept by the District when notifying affected persons by phone; or
- Substitute notice, if the District demonstrates to the State Attorney General that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds $500,000, or that the District does not have sufficient contact information. Substitute notice shall consist of all of the following:
- E-mail notice when the District has an e-mail address for the subject persons;
- Conspicuous posting of the notice on the District’s website page, if the District maintains one; and
- Notification to major statewide media.
Regardless of the method by which notice is provided, the notice shall include contact information for the notifying District and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired.
In the event that any New York State residents are to be notified, the District shall notify the State Attorney General, the Consumer Protection Board, and the State Office of Cyber Security and Critical Infrastructure Coordination as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York State residents.
In the event that more than 5,000 New York State residents are to be notified at one time, the District shall also notify consumer-reporting agencies, as defined pursuant to State Technology Law Section 208, as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York State residents. A list of consumer reporting agencies shall be compiled by the State Attorney General and furnished upon request to school districts required to make a notification in accordance with Section 208(2) of the State Technology Law, regarding notification of breach of security of the system for any computerized data owned or licensed by the District that includes private information.
State Technology Law Sections 202 and 208 Back to Top
POLICY 5676 PRIVACY AND SECURITY FOR STUDENT DATA AND TEACHER AND PRINCIPAL DATA
The District is committed to maintaining the privacy and security of student data and teacher and principal data and will follow all applicable laws and regulations for the handling and storage of this data in the District and when disclosing or releasing it to others, including, but not limited to, third-party contractors. The District adopts this policy to implement the requirements of Education Law Section
2-d and its implementing regulations, as well as to align the District's data privacy and security practices with the National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1).
As provided in Education Law Section 2-d and/or its implementing regulations, the following terms, as used in this policy, will mean:
a) "Breach" means the unauthorized acquisition, access, use, or disclosure of student data and/or teacher or principal data by or to a person not authorized to acquire, access, use, or receive the student data and/or teacher or principal data.
b) "Building principal" means a building principal subject to annual performance evaluation review under the provisions of Education Law Section 3012-c.
c) "Classroom teacher" means a teacher subject to annual performance evaluation review under the provisions of Education Law Section 3012-c.
d) "Commercial or marketing purpose" means the sale of student data; or its use or disclosure for purposes of receiving remuneration, whether directly or indirectly; the use of student data for advertising purposes, or to develop, improve, or market products or services to students.
e) "Contract or other written agreement" means a binding agreement between an educational agency and a third-party, which includes, but is not limited to, an agreement created in electronic form and signed with an electronic or digital signature or a click-wrap agreement that is used with software licenses, downloaded, and/or online applications and transactions for educational technologies and other technologies in which a user must agree to terms and conditions prior to using the product or service.
f) "Disclose" or "disclosure" means to permit access to, or the release, transfer, or other communication of personally identifiable information by any means, including oral, written, or electronic, whether intended or unintended.
g) "Education records" means an education record as defined in the Family Educational Rights and Privacy Act and its implementing regulations, 20 USC Section 1232g and 34 CFR Part 99, respectively.
h) "Educational agency" means a school district, board of cooperative educational services (BOCES), school, or the New York State Education Department (NYSED).
i) "Eligible student" means a student who is eighteen years or older.
j) "Encryption" means methods of rendering personally identifiable information unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified or permitted by the Secretary of the United States Department of Health and Human Services in guidance issued under 42 USC Section 17932(h)(2).
k) "FERPA" means the Family Educational Rights and Privacy Act and its implementing regulations, 20 USC Section 1232g and 34 CFR Part 99, respectively.
l) "NIST Cybersecurity Framework" means the U.S. Department of Commerce National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1). A copy of the NIST Cybersecurity Framework is available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, New York 12234.
m) "Parent" means a parent, legal guardian, or person in parental relation to a student.
n) "Personally identifiable information (PII)," as applied to student data, means personally identifiable information as defined in 34 CFR Section 99.3 implementing the Family Educational Rights and Privacy Act, 20 USC Section 1232g, and, as applied to teacher or principal data, means personally identifying information as this term is defined in Education Law Section 3012-c(10).
o) "Release" has the same meaning as disclosure or disclose.
p) "Student" means any person attending or seeking to enroll in an educational agency.
q) "Student data" means personally identifiable information from the student records of an educational agency.
r) "Teacher or principal data" means personally identifiable information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not subject to release under the provisions of Education Law Sections 3012-c and 3012-d.
s) "Third-party contractor" means any person or entity, other than an educational agency, that receives student data or teacher or principal data from an educational agency pursuant to a contract or other written agreement for purposes of providing services to the educational
agency, including but not limited to data management or storage services, conducting studies for or on behalf of the educational agency, or audit or evaluation of publicly funded programs. This term will include an educational partnership organization that receives student and/or teacher or principal data from a school district to carry out its responsibilities pursuant to Education Law Section 211-e and is not an educational agency, and a not-for-profit corporation or other nonprofit organization, other than an educational agency.
t) "Unauthorized disclosure" or "unauthorized release" means any disclosure or release not permitted by federal or state statute or regulation, any lawful contract or written agreement, or that does not respond to a lawful order of a court or tribunal or other lawful order.
Data Collection Transparency and Restrictions
As part of its commitment to maintaining the privacy and security of student data and teacher and principal data, the District will take steps to minimize its collection, processing, and transmission of PII. Additionally, the District will:
a) Not sell PII nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.
b) Ensure that it has provisions in its contracts with third-party contractors or in separate data sharing and confidentiality agreements that require the confidentiality of shared student data or teacher or principal data be maintained in accordance with law, regulation, and District policy.
Except as required by law or in the case of educational enrollment data, the District will not report to NYSED the following student data elements:
a) Juvenile delinquency records;
b) Criminal records;
c) Medical and health records; and
d) Student biometric information.
Nothing in Education Law Section 2-d or this policy should be construed as limiting the administrative use of student data or teacher or principal data by a person acting exclusively in the person's capacity as an employee of the District.
Chief Privacy Officer
The Commissioner of Education has appointed a Chief Privacy Officer who will report to the Commissioner on matters affecting privacy and the security of student data and teacher and principal data. Among other functions, the Chief Privacy Officer is authorized to provide assistance to educational agencies within the state on minimum standards and best practices associated with privacy and the security of student data and teacher and principal data.
The District will comply with its obligation to report breaches or unauthorized releases of student data or teacher or principal data to the Chief Privacy Officer in accordance with Education Law Section 2-d, its implementing regulations, and this policy.
The Chief Privacy Officer has the power, among others, to:
a) Access all records, reports, audits, reviews, documents, papers, recommendations, and other materials maintained by the District that relate to student data or teacher or principal data, which includes, but is not limited to, records related to any technology product or service that will be utilized to store and/or process PII; and
b) Based upon a review of these records, require the District to act to ensure that PII is protected in accordance with laws and regulations, including but not limited to requiring the District to perform a privacy impact and security risk assessment.
Data Protection Officer
The District has designated a District employee to serve as the District's Data Protection Officer.
The Data Protection Officer is responsible for the implementation and oversight of this policy and any related procedures including those required by Education Law Section 2-d and its implementing regulations, as well as serving as the main point of contact for data privacy and security for the District.
The District will ensure that the Data Protection Officer has the appropriate knowledge, training, and experience to administer these functions. The Data Protection Officer may perform these functions in addition to other job responsibilities. Additionally, some aspects of this role may be outsourced to a provider such as a BOCES, to the extent available.
District Data Privacy and Security Standards
The District will use the National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1) (Framework) as the standard for its data privacy and security program. The Framework is a risk-based approach to managing cybersecurity risk and is composed of three parts: the Framework Core, the Framework Implementation Tiers, and the Framework Profiles. The Framework provides a common taxonomy and mechanism for organizations to:
a) Describe their current cybersecurity posture;
b) Describe their target state for cybersecurity;
c) Identify and prioritize opportunities for improvement within the context of a continuous and repeatable process;
d) Assess progress toward the target state; and
e) Communicate among internal and external stakeholders about cybersecurity risk.
The District will protect the privacy of PII by:
a) Ensuring that every use and disclosure of PII by the District benefits students and the District by considering, among other criteria, whether the use and/or disclosure will:
1. Improve academic achievement;
2. Empower parents and students with information; and/or
3. Advance efficient and effective school operations.
b) Not including PII in public reports or other public documents.
The District affords all protections under FERPA and the Individuals with Disabilities Education Act and their implementing regulations to parents or eligible students, where applicable.
The District will ensure that whenever it enters into a contract or other written agreement with a third-party contractor under which the third-party contractor will receive student data or teacher or principal data from the District, the contract or written agreement will include provisions requiring that confidentiality of shared student data or teacher or principal data be maintained in accordance with law, regulation, and District policy.
In addition, the District will ensure that the contract or written agreement includes the third-party contractor's data privacy and security plan that has been accepted by the District.
The third-party contractor's data privacy and security plan must, at a minimum:
a) Outline how the third-party contractor will implement all state, federal, and local data privacy and security contract requirements over the life of the contract, consistent with District policy;
b) Specify the administrative, operational, and technical safeguards and practices the third-party contractor has in place to protect PII that it will receive under the contract;
c) Demonstrate that the third-party contractor complies with the requirements of 8 NYCRR Section 121.3(c);
d) Specify how officers or employees of the third-party contractor and its assignees who have access to student data or teacher or principal data receive or will receive training on the laws governing confidentiality of this data prior to receiving access;
e) Specify if the third-party contractor will utilize subcontractors and how it will manage those relationships and contracts to ensure PII is protected;
f) Specify how the third-party contractor will manage data privacy and security incidents that implicate PII including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the District;
g) Describe whether, how, and when data will be returned to the District, transitioned to a successor contractor, at the District's option and direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires; and
h) Include a signed copy of the Parents' Bill of Rights for Data Privacy and Security.
Third-Party Contractor Responsibilities
Each third-party contractor, that enters into a contract or other written agreement with the District under which the third-party contractor will receive student data or teacher or principal data from the District, is required to:
a) Adopt technologies, safeguards, and practices that align with the NIST Cybersecurity Framework;
b) Comply with District policy and Education Law Section 2-d and its implementing regulations;
c) Limit internal access to PII to only those employees or subcontractors that have legitimate educational interests (i.e., they need access to provide the contracted services);
d) Not use the PII for any purpose not explicitly authorized in its contract;
e) Not disclose any PII to any other party without the prior written consent of the parent or eligible student:
1. Except for authorized representatives of the third-party contractor such as a subcontractor or assignee to the extent they are carrying out the contract and in compliance with law, regulation, and its contract with the District; or
2. Unless required by law or court order and the third-party contractor provides a notice of the disclosure to NYSED, the Board, or the institution that provided the information no later than the time the information is disclosed, unless providing notice of the disclosure is expressly prohibited by law or court order;
f) Maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of PII in its custody;
g) Use encryption to protect PII in its custody while in motion or at rest; and
h) Not sell PII nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.
Where a third-party contractor engages a subcontractor to perform its contractual obligations, the data protection obligations imposed on the third-party contractor by law and contract apply to the subcontractor.
Cooperative Educational Services through a BOCES
The District may not be required to enter into a separate contract or data sharing and confidentiality agreement with a third-party contractor that will receive student data or teacher or principal data from the District under all circumstances.
For example, the District may not need its own contract or agreement where:
a) It has entered into a cooperative educational service agreement (CoSer) with a BOCES that includes use of a third-party contractor's product or service; and
b) That BOCES has entered into a contract or data sharing and confidentiality agreement with the third-party contractor, pursuant to Education Law Section 2-d and its implementing regulations, that is applicable to the District's use of the product or service under that CoSer.
To meet its obligations whenever student data or teacher or principal data from the District is received by a third-party contractor pursuant to a CoSer, the District will consult with the BOCES to, among other things:
a) Ensure there is a contract or data sharing and confidentiality agreement pursuant to Education Law Section 2-d and its implementing regulations in place that would specifically govern the District's use of a third-party contractor's product or service under a particular CoSer;
b) Determine procedures for including supplemental information about any applicable contracts or data sharing and confidentiality agreements that a BOCES has entered into with a third-party contractor in its Parents' Bill of Rights for Data Privacy and Security;
c) Ensure appropriate notification is provided to affected parents, eligible students, teachers, and/or principals about any breach or unauthorized release of PII that a third-party contractor has received from the District pursuant to a BOCES contract; and
d) Coordinate reporting to the Chief Privacy Officer to avoid duplication in the event the District receives information directly from a third-party contractor about a breach or unauthorized release of PII that the third-party contractor received from the District pursuant to a BOCES contract.
Periodically, District staff may wish to use software, applications, or other technologies in which the user must "click" a button or box to agree to certain online terms of service prior to using the software, application, or other technology. These are known as "click-wrap agreements" and are considered legally binding "contracts or other written agreements" under Education Law Section 2-d and its implementing regulations.
District staff are prohibited from using software, applications, or other technologies pursuant to a click-wrap agreement in which the third-party contractor receives student data or teacher or principal data from the District unless they have received prior approval from the District's Data Privacy Officer or designee.
The District will develop and implement procedures requiring prior review and approval for staff use of any software, applications, or other technologies pursuant to click-wrap agreements.
Parents' Bill of Rights for Data Privacy and Security
The District will publish its Parents' Bill of Rights for Data Privacy and Security (Bill of Rights) on its website. Additionally, the District will include the Bill of Rights with every contract or other written agreement it enters into with a third-party contractor under which the third-party contractor will receive student data or teacher or principal data from the District.
The District's Bill of Rights will state in clear and plain English terms that:
a) A student's PII cannot be sold or released for any commercial purposes;
b) Parents have the right to inspect and review the complete contents of their child's education record;
c) State and federal laws protect the confidentiality of PII, and safeguards associated with industry standards and best practices, including but not limited to encryption, firewalls, and password protection, must be in place when data is stored or transferred;
d) A complete list of all student data elements collected by the state is available for public review at the following website http://www.nysed.gov/student-data-privacy/student-... or by writing to the Office of Information and Reporting Services, New York State Education Department, Room 865 EBA, 89 Washington Avenue, Albany, New York 12234; and
e) Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed in writing to Privacy Complaint, Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, New York 12234. Complaints may also be submitted using the form available at the following website http://www.nysed.gov/student-data-privacy/form/rep...
The Bill of Rights will also include supplemental information for each contract the District enters into with a third-party contractor where the third-party contractor receives student data or teacher or principal data from the District. The supplemental information must be developed by the District and include the following information:
a) The exclusive purposes for which the student data or teacher or principal data will be used by the third-party contractor, as defined in the contract;
b) How the third-party contractor will ensure that the subcontractors, or other authorized persons or entities to whom the third-party contractor will disclose the student data or teacher or principal data, if any, will abide by all applicable data protection and security requirements, including but not limited to those outlined in applicable laws and regulations (e.g., FERPA; Education Law Section 2-d);
c) The duration of the contract, including the contract's expiration date, and a description of what will happen to the student data or teacher or principal data upon expiration of the contract or other written agreement (e.g., whether, when, and in what format it will be returned to the District, and/or whether, when, and how the data will be destroyed);
d) If and how a parent, student, eligible student, teacher, or principal may challenge the accuracy of the student data or teacher or principal data that is collected;
e) Where the student data or teacher or principal data will be stored, described in a manner as to protect data security, and the security protections taken to ensure the data will be protected and data privacy and security risks mitigated; and
f) Address how the data will be protected using encryption while in motion and at rest.
The District will publish on its website the supplement to the Bill of Rights (i.e., the supplemental information described above) for any contract or other written agreement it has entered into with a third-party contractor that will receive PII from the District. The Bill of Rights and supplemental information may be redacted to the extent necessary to safeguard the privacy and/or security of the District's data and/or technology infrastructure.
Right of Parents and Eligible Students to Inspect and Review Students' Education Records
Consistent with the obligations of the District under FERPA, parents and eligible students have the right to inspect and review a student's education record by making a request directly to the District in a manner prescribed by the District.
The District will ensure that only authorized individuals are able to inspect and review student data. To that end, the District will take steps to verify the identity of parents or eligible students who submit requests to inspect and review an education record and verify the individual's authority to do so.
Requests by a parent or eligible student for access to a student's education records must be directed to the District and not to a third-party contractor. The District may require that requests to inspect and review education records be made in writing.
The District will notify parents annually of their right to request to inspect and review their child's education record including any student data stored or maintained by the District through its annual FERPA notice. A notice separate from the District's annual FERPA notice is not required.
The District will comply with a request for access to records within a reasonable period, but not more than 45 calendar days after receipt of a request.
The District may provide the records to a parent or eligible student electronically, if the parent consents. The District must transmit the PII in a way that complies with laws and regulations. Safeguards associated with industry standards and best practices, including but not limited to encryption and password protection, must be in place when education records requested by a parent or eligible student are electronically transmitted.
Complaints of Breach or Unauthorized Release of Student Data and/or Teacher or Principal Data
The District will inform parents, through its Parents' Bill of Rights for Data Privacy and Security, that they have the right to submit complaints about possible breaches of student data to the Chief Privacy Officer at NYSED. In addition, the District has established the following procedures for parents, eligible students, teachers, principals, and other District staff to file complaints with the District about breaches or unauthorized releases of student data and/or teacher or principal data:
a) All complaints must be submitted to the District's Data Protection Officer in writing.
b) Upon receipt of a complaint, the District will promptly acknowledge receipt of the complaint, commence an investigation, and take the necessary precautions to protect PII.
c) Following the investigation of a submitted complaint, the District will provide the individual who filed the complaint with its findings. This will be completed within a reasonable period of time, but no more than 60 calendar days from the receipt of the complaint by the District.
d) If the District requires additional time, or where the response may compromise security or impede a law enforcement investigation, the District will provide the individual who filed the complaint with a written explanation that includes the approximate date when the District anticipates that it will respond to the complaint.
These procedures will be disseminated to parents, eligible students, teachers, principals, and other District staff.
The District will maintain a record of all complaints of breaches or unauthorized releases of student data and their disposition in accordance with applicable data retention policies, including the Records Retention and Disposition Schedule ED-1 (1988; rev. 2004).
Reporting a Breach or Unauthorized Release
The District will report every discovery or report of a breach or unauthorized release of student data or teacher or principal data within the District to the Chief Privacy Officer without unreasonable delay, but no more than ten calendar days after the discovery.
Each third-party contractor that receives student data or teacher or principal data pursuant to a contract or other written agreement entered into with the District will be required to promptly notify the District of any breach of security resulting in an unauthorized release of the data by the third-party contractor or its assignees in violation of applicable laws and regulations, the Parents' Bill of Rights for Student Data Privacy and Security, District policy, and/or binding contractual obligations relating to data privacy and security, in the most expedient way possible and without unreasonable delay, but no more than seven calendar days after the discovery of the breach.
In the event of notification from a third-party contractor, the District will in turn notify the Chief Privacy Officer of the breach or unauthorized release of student data or teacher or principal data no more than ten calendar days after it receives the third-party contractor's notification using a form or format prescribed by NYSED.
Investigation of Reports of Breach or Unauthorized Release by the Chief Privacy Officer
The Chief Privacy Officer is required to investigate reports of breaches or unauthorized releases of student data or teacher or principal data by third-party contractors. As part of an investigation, the Chief Privacy Officer may require that the parties submit documentation, provide testimony, and may visit, examine, and/or inspect the third-party contractor's facilities and records.
Upon the belief that a breach or unauthorized release constitutes criminal conduct, the Chief Privacy Officer is required to report the breach and unauthorized release to law enforcement in the most expedient way possible and without unreasonable delay.
Third-party contractors are required to cooperate with the District and law enforcement to protect the integrity of investigations into the breach or unauthorized release of PII.
Upon conclusion of an investigation, if the Chief Privacy Officer determines that a third-party contractor has through its actions or omissions caused student data or teacher or principal data to be breached or released to any person or entity not authorized by law to receive this data in violation of applicable laws and regulations, District policy, and/or any binding contractual obligations, the Chief Privacy Officer is required to notify the third-party contractor of the finding and give the third-party contractor no more than 30 days to submit a written response.
If after reviewing the third-party contractor's written response, the Chief Privacy Officer determines the incident to be a violation of Education Law Section 2-d, the Chief Privacy Officer will be authorized to:
a) Order the third-party contractor be precluded from accessing PII from the affected educational agency for a fixed period of up to five years;
b) Order that a third-party contractor or assignee who knowingly or recklessly allowed for the breach or unauthorized release of student data or teacher or principal data be precluded from accessing student data or teacher or principal data from any educational agency in the state for a fixed period of up to five years;
c) Order that a third-party contractor who knowingly or recklessly allowed for the breach or unauthorized release of student data or teacher or principal data will not be deemed a responsible bidder or offeror on any contract with an educational agency that involves the sharing of student data or teacher or principal data, as applicable for purposes of General Municipal Law Section 103 or State Finance Law Section 163(10)(c), as applicable, for a fixed period of up to five years; and/or
d) Require the third-party contractor to provide additional training governing confidentiality of student data and/or teacher or principal data to all its officers and employees with reasonable access to this data and certify that the training has been performed at the contractor's expense. This additional training is required to be performed immediately and include a review of laws, rules, and regulations, including Education Law Section 2-d and its implementing regulations.
If the Chief Privacy Officer determines that the breach or unauthorized release of student data or teacher or principal data on the part of the third-party contractor or assignee was inadvertent and done without intent, knowledge, recklessness, or gross negligence, the Chief Privacy Officer may make a recommendation to the Commissioner that no penalty be issued to the third-party contractor.
The Commissioner would then make a final determination as to whether the breach or unauthorized release was inadvertent and done without intent, knowledge, recklessness or gross negligence and whether or not a penalty should be issued.
Notification of a Breach or Unauthorized Release
The District will notify affected parents, eligible students, teachers, and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release of PII by the District or the receipt of a notification of a breach or unauthorized release of PII from a third-party contractor unless that notification would interfere with an ongoing investigation by law enforcement or cause further disclosure of PII by disclosing an unfixed security vulnerability. Where notification is delayed under these circumstances, the District will notify parents, eligible students, teachers, and/or principals within seven calendar days after the security vulnerability has been remedied or the risk of interference with the law enforcement investigation ends.
Notifications will be clear, concise, use language that is plain and easy to understand, and to the extent available, include:
a) A brief description of the breach or unauthorized release, the dates of the incident and the date of discovery, if known;
b) A description of the types of PII affected;
c) An estimate of the number of records affected;
d) A brief description of the District's investigation or plan to investigate; and
e) Contact information for representatives who can assist parents or eligible students that have additional questions.
Notification will be directly provided to the affected parent, eligible student, teacher, or principal by first-class mail to their last known address, by email, or by telephone.
Where a breach or unauthorized release is attributed to a third-party contractor, the third-party contractor is required to pay for or promptly reimburse the District for the full cost of this notification.
Annual Data Privacy and Security Training
The District will annually provide data privacy and security awareness training to its officers and staff with access to PII. This training will include, but not be limited to, training on the applicable laws and regulations that protect PII and how staff can comply with these laws and regulations. The District may deliver this training using online training tools. Additionally, this training may be included as part of the training that the District already offers to its workforce.
Notification of Policy
The District will publish this policy on its website and provide notice of the policy to all its officers and staff.
Education Law § 2-d
8 NYCRR Part 121
Adopted: 07/01/20Back to Top
Policy 5680 Safety and Security
The Board of Education of the Cooperstown Central School District hereby declares that it is the policy of this School District to provide a safe and secure environment to all those persons, students, staff and visitors, who lawfully enter upon District property or who travel in District vehicles for the purposes of the District.
It shall be the responsibility of the Superintendent to establish and carry out written regulations that will:
- Identify those staff members who will be responsible for the effective administration of the regulations;
- Provide staff time and other necessary resources for the effective administration of the regulations;
- Establish periodic written review of the activities of the staff to ensure compliance with applicable laws and regulations;
- Provide an on-going mechanism for the effective review of safety and security concerns of the staff, students and affected public;
- Provide for reports to the Board of Education regarding the significant aspects of safety and security of the District.
Labor Law Section 27-a
All staff who are made aware of physical and/or verbal threats to students must immediately report these threats against students to the next level of supervisory authority for prompt action. The immediate supervisor must then inform the Superintendent/designee, including any action taken, after learning of such threats to students.
The District shall disseminate this policy to all employees in order to ensure staff awareness.
Hazard Communication Standard
All personnel shall be provided with applicable training to comply with the New York State “Right-to-Know” Law and the Hazard Communication Standard.
The Superintendent/designee shall maintain a current record of the name, address and social security number of every employee who handles or uses toxic substances and which substance(s) were handled or used by the employee.
Rules and regulations will be developed to ensure District implementation of this policy which shall include awareness information, employee training and record keeping.
New York State Labor Law Sections 27-a and 879
12 New York Code of Rules and Regulations
(NYCRR) Part 820 Article 28
Occupational Safety and Health Administration (OSHA)
29 Code of Federal Regulations (CFR)
NOTE: Refer also to Policy #5681 — School Safety Plans Back to Top
Policy 5681 School Safety Plans
The District considers the safety of its students and staff to be of the utmost importance and is keenly aware of the evolving nature of threats to schools. As such, it will address those threats accordingly through appropriate emergency response planning. The District-wide school safety plan and the building-level emergency response plan will be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the coordination of schools and the District with local and county resources in the event of these incidents or emergencies.
These plans will be reviewed by the appropriate team on at least an annual basis and updated as needed by September 1. Specifically, the Board will make each District-wide school safety plan available for public comment at least 30 days prior to its adoption. The District-wide school safety plans may only be adopted by the Board after at least one public hearing that provides for the participation of school personnel, parents, students, and any other interested parties. Additionally, the District-wide school safety plan will designate the Superintendent or designee as the chief emergency officer responsible for coordinating communication between school staff and law enforcement and first responders, and for ensuring staff understanding of this plan. Similarly, the Superintendent will be responsible for ensuring the completion and yearly updating of building-level emergency response plans.
District-Wide School Safety Plan
District-wide school safety plan means a comprehensive, multi-hazard school safety plan that covers all school buildings of the District, addresses crisis intervention, emergency response and management at the District level, and has the contents as prescribed in Education Law and Commissioner's regulations.
The District-wide school safety plan shall be developed by the District-wide school safety team appointed by the Board of Education. The District-wide team shall include, but not be limited to, representatives of the School Board, student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.
The District-wide school safety plan will be developed by the District-wide school safety team appointed by the Board. The District-wide team will include, but not be limited to, representatives of the Board, student, teacher, administrator, and parent organizations, school safety personnel, and other school personnel.
The plan will further address, among other items as set forth in Education Law and Commissioner's regulations, how the District will respond to implied or direct threats of violence by students, teachers, other school personnel as well as visitors to the school, including threats by students against themselves (e.g. suicide).
Building-Level School Safety Plans
Building-level emergency response plan means a plan that addresses crisis intervention, emergency response and management at the building level and has the contents as prescribed in Education Law and Commissioner's regulations. As part of this plan, the District will define the chain of command in a manner consistent with the National Incident Management System (NIMS)/Incident Command System (ICS).
The building-level emergency response plan will be developed by the building-level emergency response team. The building-level emergency response team is a building-specific team appointed by the building principal, in accordance with regulations or guidelines prescribed by the Board. The building-level team will include, but not be limited to, representatives of teacher, administrator, and parent organizations, school safety personnel and other school personnel, community members, law enforcement officials, fire officials, or other emergency response agencies, and any other representatives the Board deems appropriate.
The District will submit certification to the New York State Education Department that all District and school staff have received annual training on the emergency response plan, and that this training included components on violence prevention and mental health. New employees hired after the start of the school year will receive training within 30 days of hire, or as part of the District's existing new hire training program, whichever is sooner.
The District will file a copy of its District-wide school safety plan and any amendments with the Commissioner of Education no later than 30 days after its adoption. A copy of each building-level emergency response plan and any amendments will be filed with the appropriate local law enforcement agency and with the state police within 30 days of its adoption. Building-level emergency response plans will be kept confidential and are not subject to disclosure under the Freedom of Information Law (FOIL) or any other provision of law.
Homeland Security Presidential Directives - HSPD-5, HSPD-8
Homeland Security Act of 2002, 6 USC § 101
Education Law §§ 807, 2801-a
Public Officers Law Article 6
8 NYCRR § 155.17
Policy 5682 Disaster Recovery Plan
Electronic data and systems are vital to the operation of the Cooperstown Central School District.
To ensure the district is able to recover its data in the event of a disaster, the Board of Education directs the Superintendent to develop and maintain a Disaster Recovery Plan for the safeguarding and recovery of the school system’s administrative and instructional data systems.
The Superintendent shall ensure that such plan is developed and reviewed annually by the Board of Education. Back to Top
Policy 5683 Fire Drills, Bomb Threats, and Bus Emergency Drills
Fire and Emergency Drills
The administration of each school building will instruct and train students on appropriate emergency responses, through fire and emergency drills, in the events of a sudden emergency.
Fire and emergency drills will be held at least 12 times in each school year; eight of these will be evacuation drills and will be completed by December 31. Four of these eight required drills will be through use of the fire escapes on buildings where fire escapes are provided or identified secondary exits, and the other four drills will be lock-down drills. Drills will be conducted at different times of the school day. Students will also be instructed in the procedures to be followed in the event that a fire occurs during the regular school lunch period or assembly, however, this additional instruction may be waived if a drill is held during the regular lunch period or assembly.
At least two additional drills will be held during summer school in buildings where summer school is held, and one of these drills will be held during the first week of summer school.
After-School Programs, Events, or Performances
The building principal or designee will require those in charge of after-school programs, events, or performances attended by any individuals unfamiliar with that school building, to announce at the beginning of these programs the procedures to be followed in the event of an emergency.
School Bomb Threats
A bomb threat, even if later determined to be a hoax, is a criminal act. No bomb threat should be treated as a hoax when it is first received. Upon receiving any bomb threat, the school has an obligation and responsibility to ensure the safety and protection of the students and other occupants of the school. This obligation takes precedence over a search for a suspect object. Prudent action is dependent upon known information about the bomb threat-location, if any; time of detonation; etc. Specific procedures as to appropriate responses as a result of a bomb threat can be located in the building-level emergency response plan, as required by relevant law and regulation.
Police Notification and Investigation
Appropriate law enforcement agencies must be notified by the building administrator or designee of any bomb threat as soon as possible after receiving the threat. Law enforcement officials will contact, as the situation requires, fire and/or county emergency coordinators according to the county emergency plan.
The Superintendent or designee will develop written procedures to implement the terms of this policy. Additionally, these procedures will be incorporated in the District-wide school safety plan and the building- level emergency response plan, with provisions to provide written information to all staff and students regarding emergency procedures by October 1 of each school year, an annual drill to test the emergency response procedures under each of its building-level emergency response plans; and the annual review of the District-wide and building-level emergency response plans, along with updates as necessary, by September 1, as mandated by law or regulation.
Bus Emergency Drills
The administration will conduct a minimum of three emergency drills to be held on each school bus during the school year. The first drill will be conducted during the first seven days of school, the second drill between November 1 and December 31, and the third drill between March 1 and April 30. No drills will be conducted when buses are on routes.
Students who ordinarily walk to school will also be included in the drills. Students attending public and nonpublic schools who do not participate in regularly scheduled drills will also be provided drills on school buses, or as an alternative, will be provided classroom instruction covering the content of these drills.
Each drill will include practice and instruction in the location, use, and operation of the emergency door, fire extinguishers, first-aid equipment, and windows as a means of escape in the event of fire or accident. Similarly, students will be instructed on all topics mandated by relevant sections of the Education Law and Commissioner's regulations, including, but not limited to, the following:
- Safe boarding and exiting procedures with specific emphasis on when and how to approach, board, disembark, and move away from the bus after disembarking;
- Advancing at least ten feet in front of the bus before crossing the highway after disembarking; and;
- Orderly conduct as bus passengers.
Instruction on Use of Seat Belts
When students are transported on school buses equipped with seat safety belts, the District will ensure that all students who are transported on any school bus owned, leased, or contracted for by the District will receive instruction on the use of seat safety belts. This instruction will be provided at least three times each year to both public and nonpublic school students who are so transported and will include, but not be limited to:
- Proper fastening and release of seat safety belts;
- Acceptable placement of seat safety belts on students;
- Times at which the seat safety belts should be fastened and released; and
- Acceptable placement of the seat safety belts when not in use.
Education Law §§ 807, 2801-a and 3623
Penal Law §§ 240.55, 240.60 and 240.62
8 NYCRR §§ 155.17, 156.3(f), 156.3(g), and 156.3(h)(2)
Policy 5684 Use of Surveillance Cameras in the School District
The Board of Education recognizes its responsibility to promote and foster school safety and ensure a safe and effective learning environment. After having carefully considered and balanced the rights of privacy with the District’s duty to promote discipline, health, welfare and safety of staff and students, as well as that of the general public who has occasion to use school facilities, the Board supports the use of surveillance cameras when necessary in its schools, its buses and/or on school grounds. District surveillance cameras will only be utilized in public areas where there is no “reasonable expectation of privacy.” Audio recordings shall not be utilized by the School District officials; such prohibition does not preclude the use of audio recordings by law enforcement officials in accordance with their official duties and/or as otherwise authorized by law.
To further the Board’s objective, the School District’s District-wide Safety Team shall meet as appropriate and/or deemed necessary to develop, implement and review District and building level safety practices. The Team shall also make recommendations to the Superintendent regarding the implementation and use of surveillance cameras as authorized by the Board of Education. The Superintendent shall retain final decision-making authority regarding the recommendations of the Safety Team; and he/she shall notify the Board as to the procedures to be implemented with regard to the use of surveillance cameras by the School District.
In determining the most appropriate use and implementation of surveillance cameras in the schools, school buses and/or on school grounds, the District-wide Safety Team’s recommendation will be guided by, at a minimum, the following considerations:
- Demonstrated need for the device at designated locations;
- Appropriateness and effectiveness of proposed protocol;
- The use of additional, less intrusive, means to further address the issue of school safety (e.g., restricted access to buildings, use of pass cards or identification badges, increased lighting, alarms);
- Right to privacy and other legal considerations (which should be referred to the School Attorney for review and compliance with applicable laws and regulations); and
- Expense involved to install and maintain the use of surveillance cameras at designated locations, including school buses and/or on school grounds.
Any video recording used for surveillance purposes in school buildings, school buses and/or on school property, shall be the sole property of the District; and the Superintendent or his/her designee will be the custodian of such recordings. All video recordings will be stored in their original form and secured to avoid tampering and ensure confidentiality in accordance with applicable laws and regulations.
Requests for viewing a video recording must be made in writing to the Superintendent or his/her designee and, if the request is granted, such viewing must occur in the presence of the District’s designated custodian of the recording. Under no circumstances will the District’s video recording be duplicated and/or removed from District premises unless in accordance with a court order and/or subpoena.
Signage/Notification Regarding Use of Surveillance Cameras in School Buildings, School Buses and/or on School Grounds
Appropriate signage will be posted at entrances to the school campus and/or at major entrances into school buildings notifying students, staff and the general public of the District’s use of surveillance cameras.
Students and staff will receive additional notification, as appropriate, regarding the use of surveillance cameras in the schools, buses and/or on school grounds. Such notification may include, but is not limited to, publication in the District calendar, employee handbook, and student handbook. Such notification does not preclude, as deemed appropriate by administration, the discussion of the use of surveillance cameras with staff and students to heighten awareness and help foster a sense of security. Back to Top
Policy 5690 Exposure Control Program
The District shall establish an exposure control program designed to prevent and control exposure to bloodborne pathogens. According to the New York State Department of Labor’s Division of Safety and Health and Occupational Safety and Health Administration (OSHA) standards, the program shall consist of:
- Guidelines for maintaining a safe, healthy school environment to be followed by staff and students alike.
- Written standard operating procedures for blood/body fluid clean-up.
- Appropriate staff education/training.
- Evaluation of training objectives.
- Documentation of training and any incident of exposure to blood/body fluids.
- A program of medical management to prevent or reduce the risk of pathogens, specifically hepatitis B and HIV.
- Written procedures for the disposal of medical waste.
- Provision of protective materials and equipment for all employees who perform job-related tasks involving exposure or potential exposure to blood, body fluids or tissues.
Occupational Safety and Health Administration (OSHA)
29 Code of Federal Regulations (CFR) 1910.10:30 Back to Top
Policy 5691 Communicable Diseases
Regulations and procedures will be developed for dealing with communicable diseases in ways that protect the health of both students and staff while minimizing the disruption of the education process. Back to Top
Policy 5692 Human Immunodeficiency Virus (HIV) Related Illnesses
The Board of Education contends that a student shall not be denied the right to attend school or continue his/her education nor shall an employee be denied the right to continue his/her employment who has been diagnosed or identified as having a positive blood test for the antibodies to the Human Immunodeficiency Virus (HIV). The Board further contends that under current law and regulations, the disclosure of confidential HIV-related information shall be strictly limited.
Administrative regulations and procedures shall be developed and implemented by the administration based on recommendations from the New York State Education Department and from consultation with appropriate professional and medical staff in the District.
The Superintendent shall also establish protocols for routine sanitary procedures for dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff awareness.
Confidentiality: Public Health Law, Article 27-F Back to Top
Policy 5710 Transportation Program
It is the intent of the Board of Education to comply with the letter and spirit of the New York State Education Law; with the regulations of the Department of Motor Vehicles and of the Department of Transportation and with the Commissioner of Education’s regulations and decisions pertinent to student transportation, and these shall govern any questions not covered by specific declaration of policy herein.
The purposes of the transportation program are to transport students to and from school, to transport them for extracurricular activities, to transport them on field trips, to transport residents who are enrolled in vocational programs at the Otsego Area Occupational Center to ride as passengers on school buses with pupils during the hours such bus is transporting pupils to and from classes and to transport those requiring special services.
The Board of Education recognizes and assumes the responsibility for all aspects of the transportation of children wherein the health and safety of students are involved, for the Board of Education has a legal obligation to safeguard the welfare of bus-riding children.
Education Law Sections 3602(7) and 3635 et seq.
NOTE: Refer also to Policy #7131 — Education of Homeless Children and Youth Back to Top
Policy 5711 Walkers and Riders
Eligibility for Regular Transportation
Distances for all the following categories are to be determined by measuring (with a school vehicle) from the road end of the driveway of the legal residence of the student desiring transportation to the school of attendance, over the nearest available route. If the residence has no driveway, distance will be measured from the road end point of a straight line running from the front door to the road. The nearest available route would be that way of arriving at the school of legal attendance if a student were to walk on publicly maintained roadways or walkways. The absence of sidewalks is not legally relevant in determining the nearest available route.
- Elementary: Students attending Grades K-6 who live 1.0* mile or more and not more than 15 miles from the school they legally attend are eligible for regular transportation.
- High School: Students attending Grades 7-12 who live 1.5* miles or more and not more than 15 miles from the school they legally attend are eligible for regular transportation.
- Private and Parochial School Students: Regular transportation services offered to public school students will be offered equally to all resident private and parochial school children in like circumstances.
- Recognizing that many students take advantage of programs sponsored by the Clark Sport Center after school, the District will provide bus transportation to the Sports Center for those students/parents who request it.
- Recognizing that many students take advantage of programs sponsored by Brookwood, the District will provide bus transportation to the Center for those students/parents who request it. Additionally, the District will provide bus transportation home on the days when late bus transportation is scheduled.
*Distance approved by voters on May 20, 1981.
Requests for Transportation
The parent or guardian (or any representative authorized by such parent or guardian) of a public or non-public school student for whom transportation is desired must submit a written request to the Board of Education not later than April 1 preceding the next school year. When a family moves into the district after April 1, the request shall be made within 30 days of establishing residency in the district.
Written requests for regular transportation from a location other than the legal residence may be considered. Approval is up to the Business Administrator/Manager and will depend upon room on the bus after routes and stops have been established.
Late requests may be declined by the Board of Education if no reasonable explanation is provided for the delay in filing the request.
Requests for transportation are kept on file in the office of the Head Bus Driver, and annual resubmission is not required if there is no change.
Incidental Riding of Buses by Non-Bus Students
Non-bus students may be permitted to ride under the following conditions:
- A written request must be received from parent of student.
- Principal approves request, if there is room on the bus.
- Parent must indicate where they can be reached if request for transportation must be denied.
- No requests will be granted if emergency closing procedures are in effect.
- Parents are responsible for transporting children if the school is not able to do so.
These rules will also apply to bus students who request to ride on other than their assigned bus.
Adopted: 11/16/05 Back to Top
Policy 5720 School Bus Scheduling and Routing
Eligible students will be provided regular transportation to and from an assigned bus stop along an approved bus route.
Bus routes and bus stops are established by the Business Administrator/Manager, with the advice of the Head Bus Driver, under the direction of the Superintendent. They will be reviewed and approved by the Board of Education for the upcoming year no later than the second Board meeting in August. Changes after that date will be approved by the Board as necessary to comply with the guidelines and to meet changing needs.
The day-to-day operation of the transportation system is the responsibility of the Business Administrator/Manager who has the authority to make temporary adjustments in routes and/or stops as necessary to meet changed circumstances including but not limited to student absences or altered road conditions.
Routes and stops shall be established using the following guidelines:
- No student will be required to ride the bus for more than one hour each way to and from the Cooperstown Central School.
- Students may be required to walk up to .5 miles* to an authorized bus stop, as necessary, to established routes according to the guidelines and to fulfill the objective of efficient and economical transportation.
- Roads considered unfit for school bus use will not be used. The determination of an unfit road will be made by the Superintendent upon the recommendations of the Business Administrator/Manager, the Head Bus Driver, the bus driver on the route, and the highway supervisor. The Board of Education will annually review and approve such recommendation.
- Insofar as is possible, students first on in the morning will be first off in the afternoon. However, other guidelines listed below may supersede this.
- Students will be loaded and unloaded so that the majority will ride a minimum time.
- Authorized bus stops will be located so as to load and unload students with the utmost safety allowed by road conditions. The distance between stops may vary according to safety factors. *Reference Proposition I as adopted by the voters 05/19/82.
- If possible students will be loaded and unloaded so that it is not necessary for them to cross a main highway to reach their homes.
- Steep hills, sharp curves and obstructions in visibility will be kept to a minimum. Where buses must stop on hills of appreciable grade, they will be routed so as to stop while traveling downhill.
- Turnarounds will be kept to a minimum. The District will only utilize turnarounds that are necessary, suitable, and safe in all weather conditions. Turnarounds will not be established unless adequate space is available and this space is properly maintained by town, county and/or state highway departments.
- Generally, dead-end and loop streets shall not be serviced by school buses.\
- Insofar as is possible the District will avoid duplication or unnecessary mileage of any kind.
- It is desirable for each student to have a seat on his/her assigned bus. The capacity of a bus is based on three in a seat. A list will be maintained of any buses which cannot carry additional students because of safety factors.
- Routes may be contracted to approved private carriers if this mode of transportation is more economical. Contracts need Board of Education authorization.
- On any given day, a bus driver may determine that due to weather conditions a particular road may be hazardous. The driver has the authority to not travel that road under such circumstances, and the responsibility to notify the bus garage as soon as possible.
Maps will be used in determining the transportation requirements necessary to satisfy the needs established by state law, board policy and voter mandate.
School buses must stop at all railroad crossings, whether or not carrying school children, and proceed only when the driver has ascertained that he/she can do so safely. In crossing the tracks the driver shall not shift gears. There is no requirement to open school bus doors when traversing railroad tracks.
Unguarded Railroad Crossings*
- A school district may not use an unguarded crossing when transporting students to and from school within or without the district, or for other purposes within the district, unless a public hearing thereon has been held and a resolution adopted by the Board of Education by which it shall have been determined that the use of another route would be impracticable.
- The District must file a copy of such resolution with the Department of Education and the Department of Transportation.
- Each school district using an unguarded railroad crossing shall prepare and maintain a map indicating the bus route used and shall make such map available for inspection by any resident of the district at a place designated by the Board.
Education Law Sections 3620-3628 and 3635-3636
*There are no unguarded railroad crossings on Cooperstown Central School District bus routes at this time. Back to Top
Policy 5730 Transportation of Students
Requests for Transportation to and from Non-Public Schools
The parent or person in parental relation of a parochial or private school child residing in the School District who desires that the child be transported to a parochial or private school outside of the School District during the next school year should submit a written request to the Board of Education no later than April 1 of the preceding year, or within thirty (30) days of moving into the District. No late request of a parent or person in parental relation shall be denied where a reasonable explanation is provided for the delay.
Transportation of Students with Disabilities
Students with disabilities in the District shall be transported up to fifty (50) miles (one way) from their home to the appropriate special service or program, unless the Commissioner certifies that no appropriate non-residential special service or program is available within fifty (50) miles. The Commissioner may then establish transportation arrangements.
Transportation of Non-Resident Students
Non-resident families must provide their own transportation.
Transportation to School Sponsored Events
Where the District has provided transportation to students enrolled in the District to a school sponsored field trip, extracurricular activity or any other similar event, it shall provide transportation back to either the point of departure or to the appropriate school in the District unless the parent or legal guardian of a student participating in such event has provided the District with written notice, consistent with District policy, authorizing an alternative form of return transportation for such student or unless intervening circumstances make such transportation impractical. In cases where intervening circumstances make transportation of a student back to the point of departure or to the appropriate school in the District impractical, a representative of the School District shall remain with the student until such student’s parent or legal guardian has been contacted and informed of the intervening circumstances which make such transportation impractical; and the student has been delivered to his/her parent or legal guardian.
Transportation in Personal Vehicles
Personal cars of teachers and staff shall not be used to transport students except in the event of extenuating circumstances and authorized by the administration.
Education Law Sections 1604, 1709, 1804, 1903, 1950, 2503, 2554, 2590-e, 3635, 4401(4), 4404, and 4405
NOTE: Refer also to Policy #7131 — Education of Homeless Children and Youth Back to Top
Policy 5740 Use of Buses by Community Groups
Upon formal application to and approval by the Superintendent of Schools buses may be rented to a municipal corporation; to any senior citizen center recognized and funded by the Office for the Aging; to any not-for-profit organization serving those with disabilities; or, to any not-for-profit organization which provides recreational youth services or neighborhood recreation centers. Such rentals can be made only for times when vehicles are not needed for student transport and must be made for a consideration acceptable to the Board.
Passengers on School Buses
The Cooperstown Central School District will permit residents who are enrolled in vocational programs at the Otsego Area Occupational Center to ride as passengers on school buses with pupils during the hours such bus is transporting pupils to and from classes providing:
- Such person makes written application to the School District, in accordance with the rules and regulations of the District, and such application is approved by the Board of Education;
- Such person must pass the NYSED fingerprinting clearance;
- There is regularly sufficient space on such school bus to permit all pupils to be seated while such bus is in operation;
- Any amount charged such person does not exceed the cost to the District for transporting a pupil the same distance; and
- That all such persons riding any bus follow all rules and regulations regarding school conduct and discipline.
The District shall maintain records indicating the number of trips and any revenues collected there from. Any funds collected shall be credited to an account so designated.
Education Law Sections 1501-b and 1502
Adopted: 11/16/05 Back to Top
Policy 5750 School Bus Safety Program
The safe transportation of students to and from school is of primary concern in the administration of the school bus program. All state laws and regulations pertaining to the safe use of school buses shall be observed by drivers, students and school personnel.
To assure the safety and security of students boarding or exiting school buses on school property, it shall be unlawful for a driver of a vehicle to pass a stopped school bus when the red bus signal is in operation.
The Head Bus Driver, in cooperation with the principals, has the responsibility of developing and publishing safety rules to be followed by drivers and passengers, including rules of student conduct. In order to ensure maximum safety to those riding school buses, it is necessary that students and drivers cooperate in this effort. There is no substitute for training to develop safe habits in pedestrian and vehicular traffic.
All buses and other vehicles owned and operated by the School District will have frequent safety inspections, and will be serviced regularly. The Head Bus Driver will maintain a comprehensive record of all maintenance performed on each vehicle.
Every bus driver is required to report promptly any school bus accident involving death, injury, or property damage. All accidents, regardless of damage involved, must be reported at once to the Head Bus Driver.
Education Law Section 3623
8 New York Code of Rules and Regulations (NYCRR) Section 156.3
Vehicle and Traffic Law
Sections 509-a(7), 509-1(1-b), and 1174 (a and b)
NOTE: Refer also to Policies #5683 — Fire Drills, Bomb Threats and Bus Emergency Drills
#5761 — Drug and Alcohol Testing for School Bus Drivers and Other
Safety-Sensitive Employees Back to Top
Policy 5751 Idling School Buses on School Grounds
The Board of Education recognizes the need to promote the health and safety of District students and staff and to protect the environment from harmful emissions found in bus and vehicle exhaust. In accordance with Education Law and Commissioner’s Regulations, the District will minimize, to the extent practicable, the idling of all school buses and other vehicles owned or leased by the District while such bus or vehicle is parked or standing on school grounds or in the front of any school. This policy also applies to contractor owned and operated school buses under contract with the District.
The District shall ensure that each driver of a school bus or other vehicle owned, leased or contracted for by the District turn off the engine of the bus or vehicle while waiting for passengers to load or off load on school grounds, or while such vehicle is parked or standing on school grounds or in front of or adjacent to any school.
Unless otherwise required by State or local law, the idling of a school bus or vehicle engine may be permitted to the extent necessary to achieve the following purposes:
- For mechanical work; or
- To maintain an appropriate temperature for passenger comfort; or
- In emergency evacuations where necessary to operate wheelchair lifts.
Private Vendor Transportation Contracts
All contracts for pupil transportation services between the School District and a private vendor that are entered into on or after August 21, 2008, shall include a provision requiring such vendor’s compliance with the provisions of reducing idling in accordance with Commissioner’s Regulations Section 156.3(h).
Education Law Section 3637
Vehicle and Traffic Law Section 142
8 New York Code of Rules and Regulations (NYCRR) Section 156.3(h) Back to Top
Policy 5760 Qualifications of Bus Drivers
A person shall be qualified to operate a bus only if such person:
- Is at least twenty-one (21) years of age;
- Has been issued a currently valid driver’s license or permit which is valid for the operation of a bus in New York State;
- Has passed the annual bus driver physical examination administered pursuant to Regulations of the Commissioner of Education and the Commissioner of Motor Vehicles. In no case shall the interval between physical examinations exceed a thirteen-month period;
- Is not disqualified to drive a motor vehicle under Sections 509-c and 509-cc and any other provisions of Article 19-A of the Vehicle and Traffic Law;
- Has on file at least three (3) statements from three (3) different persons who are not related to the driver/applicant pertaining to the moral character and to the reliability of such driver/applicant;
- Has completed, or is scheduled to complete, State Education Department safety programs as required by law;
- Is in compliance with federal law and regulations, as well as District policy and/or regulations, as it pertains to meeting the standards governing alcohol and controlled substance testing of bus drivers if and when applicable.
- Has taken and passed a physical performance test at least once every two (2) years and/or following an absence from service of sixty (60) or more consecutive days from his/her scheduled work duties;
- Is in compliance with all other laws and regulations for operating a school bus, including licensing and training requirements.
Special Requirements For New Bus Drivers
Before employing a new bus driver, the Superintendent or his/her designee shall:
- Require such person to pass a physical examination within four (4) weeks prior to the beginning of service;
- Obtain a driving record from the appropriate agency in every state in which the person resided, worked, and/or held a driver’s license or learner’s permit during the preceding three (3) years;
- Investigate the person’s employment record during the preceding three (3) years;
- Require such person to submit to the mandated fingerprinting procedures;
- Request the Department of Motor Vehicles to initiate a criminal history check;
- Require that newly hired bus drivers take and pass the physical performance test, as mandated by Commissioner’s Regulations, before they transport students.
Sections 509-c, 509-cc, and Article 19-A of the
Vehicle and Traffic Law
Education Law Section 3624
15 New York Code of Rules and Regulations (NYCRR) Part 6
8 New York Code of Rules and Regulations (NYCRR) Section 156.3
Omnibus Transportation Employee Testing Act of 1991
(Public Law 102-143)
49 United States Code (USC) Section 521(b)
49 Code of Federal Regulations (CFR)
Parts 40, 382, 391, 392, and 395
NOTE: Refer also to Policy #5761 — Drug and Alcohol Testing For School Bus Drivers and Other Safety-Sensitive Employees Back to Top
Policy 5761 Drug and Alcohol Testing for School Bus Drivers and Other Safety-Sensitive Employees
In accordance with federal regulations, employees in safety-sensitive positions as defined in regulations, who are required to have and use a commercial drivers license (CDL), are subject to random testing for alcohol, marijuana, cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP). The District shall adhere to federal law and regulations requiring the implementation of a drug and alcohol testing program for such employees in safety-sensitive positions.
The District shall either establish and manage its own program, by contract, or through a consortium for the provision of alcohol and drug testing of employees in safety-sensitive positions. Safety-sensitive employees (SSE), including school bus drivers and other employees who drive a vehicle which is designed to transport sixteen (16) or more passengers (including the driver), shall be subject to this requirement.
- Drug testing will be conducted after an offer to hire, but before actually performing safety-sensitive functions for the first time. Such pre-employment testing will also be required when employees transfer to a safety-sensitive position.
- Safety-sensitive employees are also subject to a random drug and/or alcohol test on an unannounced basis just before, during or just after performance of safety-sensitive functions.
- In addition, testing will be ordered if a trained supervisor has a “reasonable suspicion” that an employee has engaged in prohibited use of drugs and/or alcohol.
- There will also be post accident testing conducted after accidents on employees whose performance could have contributed to the accidents.
- Finally, return-to-duty and follow-up testing will be conducted when an individual who has violated the prohibited alcohol and/or drug conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced and at least six (6) tests must be conducted in the first twelve (12) months after an employee returns to duty. Follow-up testing may be extended for up to sixty (60) months following return-to-duty.
All employee drug and alcohol testing will be kept confidential and shall only be revealed without the driver’s consent to the employer, a substance abuse professional, drug testing laboratory, medical review officer and any other individual designated by law.
The following alcohol and controlled substance-related activities are prohibited by the Federal Highway Administration’s drug use and alcohol misuse rules for drivers of commercial motor vehicles and other SSEs:
- Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
- Being on duty or operating a commercial motor vehicle (CMV) while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.
- Using alcohol while performing safety-sensitive functions.
- Using alcohol four (4) hours or less before duty.
- When required to take a post-accident alcohol test, using alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
- Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion or follow-up testing requirements.
- Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the SSE uses any controlled substance. This prohibition does not apply when instructed by a physician who has advised the SSE that the substance does not adversely affect the SSE’s ability to safely operate a CMV.
- Reporting for duty, remaining on duty or performing a safety-sensitive function, if the SSE tests positive for controlled substances.
Drivers and other SSEs who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substances are subject to disciplinary action and penalties pursuant to District policy and collective bargaining agreements, as well as the sanctions provided for in federal law. SSEs who have engaged in such prohibited behavior shall not be allowed to perform safety-sensitive functions until they are:
- Evaluated by a substance abuse professional (SAP).
- Complete any requirements for rehabilitation as set by the District and the SAP.
- Pass a return-to-duty test with the result below 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use.
- The SSE shall also be subject to unannounced follow-up alcohol and controlled substance testing. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least six (6) tests in the first twelve (12) months.
The Superintendent of Schools shall ensure that each SSE receives a copy of District policy, educational materials that explain the requirements of the alcohol and drug testing regulations, and any regulations and/or procedures developed by the District with respect to meeting those requirements. The Superintendent or his/her designee shall ensure that a copy of these materials is distributed to each SSE, who shall sign for receipt of all of the above documents, as well as other appropriate personnel, prior to the start of alcohol and controlled substance testing as well as at the beginning of each school year or at the time of hire for any safety-sensitive employees. Representatives of applicable collective bargaining units shall be notified of the availability of this information.
The Superintendent or his/her designee shall arrange for training of all supervisors who may be utilized to determine whether “reasonable suspicion” exists to test a driver for prohibited conduct involving alcohol or controlled substance use/abuse.
Any violation of this policy and/or District procedures, and applicable federal and state laws by a covered employee shall be grounds for disciplinary action including, but not limited to, fines, suspension, and/or discharge in a manner consistent with District policy, collective bargaining agreements and applicable law.
Omnibus Transportation Employee Testing Act of 1991
(Public Law 102-143)
49 United States Code (USC) Sections 31136 and 31306
49 Code of Federal Regulations (CFR) Parts 40, 172, 382, 391, 392 and 395