Board Policies Vol. 1: 0000s-3000s

0000 Name, Territory, Components and Boundaries of Guilderland School District

The official name of the school district is “Guilderland Central School District.”*

The district, comprising 62 ½ square miles, is located on the southwest quadrant of the axis formed by the New York State Thruway-Northway, running north and south, and the New York State Thruway, running west. The district extends fifteen miles east-to-west and five miles north-to-south. Sections of the school district are located in the following townships:

  • Town of Guilderland: 88% of the territory of the district
  • Town of Bethlehem: 4% of the territory of the district
  • Town of New Scotland: 3% of the territory of the district
  • Town of Knox: 5% of the territory of the district

The central school district was created in June-July 1950, by the joining together of the following common and union free school districts:

  • Common School District # 2: Dunnsville
  • Common School District # 3: Parker’s Corners
  • Common School District # 4: Guilderland Village
  • Common School District # 6: Guilderland Center
  • Common School District # 9: Osborne’s Corners
  • Common School District #11: McKownville
  • Common School District #13: Fuller’s Station
  • Common School District #14: Fort Hunter
  • Common School District #14: North Bethlehem
  • Union Free School District #7: Altamont
  • **Common School District #4: Knox (Annexed June 1957)
  • **Common School District #13: North Bethlehem-Albany-New Scotland (Annexed August 1967)

*The name above was adopted by the Board of Education and approved by the Commissioner of Education of the State of New York on March 22, 1973, pursuant to the provisions of Chapter 429 of the Laws of 1972. The school district’s previous official name was “Central School District No.2 of the Towns of Guilderland, Bethlehem, New Scotland, and Knox, Albany County.”

**Small portions of these two original common school districts were annexed to Guilderland.

Adopted April 4, 1995
Adopted September 10, 2013
Reviewed July 5, 2018

0001 Educational Philosophy

The Board of Education believes that the Guilderland Central School District is dedicated to serving its students, their families, and the entire community. To this end we will be attentive and responsive to the diverse needs of all. By serving our students we mean to empower them for success and effectiveness both now and throughout their lives. The district will support students as they:

  • develop and cultivate the full range of human intelligences and capabilities;
  • instill wise and humane habits of mind and dispositions of character;
  • develop the skills necessary to live, work, and succeed in our modern society and an ever-changing world; and
  • develop their unique expression and life-long respect for others.

Our mission is to inspire all students to be active life-long learners, able to achieve their highest potential in a demanding and ever-changing global community.

In order to achieve this, we maintain a vision to provide for all a safe and welcoming environment, where students, parents and staff are joined in the pursuit of academic excellence and personal growth. Thus, we shall provide a rich and rigorous education for all learners so that, upon graduation, they are poised, capable and ready to meet the developments, challenges and opportunities of the future.

Staff members are expected to direct their energies to doing what is necessary to meet our students’ needs. To that end, all staff shall do their work with the belief that:

  • Students are the center of the educational process and the school system must be relentless in the pursuit of decisions made on the basis of what is best for each child.
  • Every student, without exception, has the potential for growth, improvement, and success in life
  • All students, given the right environment, will learn and excel, when provided with authentically engaging work based on high standards and expectations.
  • All students, when given the right environment and unwavering guidance, will develop the skills needed to face moral and ethical life challenges with integrity, honesty , and self-respect.
  • There is worth in every student and that diversity is an asset to be enthusiastically embraced.
  • Our school system is dependent on utilizing the talents and perspectives of community, parents, families, students, and staff.

The district actively supports employee efforts to improve their professional practice aimed at learning and implementing effective ways in which to meet students’ needs.

Recognizing that the whole community is affected by its schools, the Board of Education encourages participation and conversations about what students are learning, what schools and families are seeking to do, and what the community needs. We will operate in an arena of collaboration and partnership. Our actions and relationships will foster mutual respect, trust, and support. We will make decisions based on what we believe is in the best interest of students and on what we know is effective in enhancing the full range of human development.

Adopted December 10, 1996
Replaced and Adopted September 10, 2013
Revised, Adopted July 5, 2018

0100 Equal Opportunity and Nondiscrimination

The Board of Education, its officers and employees, shall not discriminate in its programs and activities on the basis of race, color, national origin, creed, religion, marital status, sex, age, sexual orientation, disability or predisposing genetic characteristic. The district will provide notice of this policy in accordance with regulations under federal and state law

This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement and/or terminations.

The Board of Education, its officers and employees shall not discriminate against students on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression).

A finding that an individual has engaged in conduct in violation of this policy may result in disciplinary action and/or filing of a report with third parties in the manner prescribed by the district code of conduct, the law or applicable contract.

Nothing in this policy shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

Annual Notification

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

1. inform parents, employees, students and the community that education programs, including but not limited to vocational programs, are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression;
2. provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination; and
3. be included in announcements, bulletins, catalogues, and applications made available by the district.

The Assistant Superintendent for Human Resources has been designated to handle inquiries regarding the district’s non-discrimination policies. Contact information for the Assistant Superintendent for Human Resources is available on the district’s website. Complaints of sexual harassment or discrimination are covered by policy 0110.

All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

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

Adopted April 4, 1995 (Replaced)
Adopted May 8, 2012
Revised, Adopted July 5, 2018

0100-R Equal Opportunity and Nondiscrimination Regulation

The procedures set forth in this regulation do not supersede any protection complainants are provided under existing state or federal law.

Definitions

1. Complainant shall mean an applicant, employee, student or vendor who alleges that they have been subjected to discrimination, which may be a violation of this policy, as well as a violation of federal or state law or associated regulations, which has affected him/her.
2. Complaint shall mean any alleged act of discrimination which may be a violation of this policy, which may also violate federal and state civil rights laws or associated regulations.
3. Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under the Civil Rights Act of 1964, Section 504 and the ADA. The district’s compliance officer is the Assistant Superintendent for Human Resources.
4. Business Day – any day the Guilderland District Office is open for business.

The investigation and resolution of any complaints alleging an action prohibited by the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act or the ADA shall be dealt with in the following prompt, equitable and impartial manner:

A. Stage I–Compliance Officer

1. As soon as practicable, if possible within 30 calendar days after the events giving rise to the allegation, the complainant shall file a complaint, preferably in writing using the district’s complaint form, with the Compliance Officer. The Compliance Officer may informally discuss the complaint with the complainant. He/She shall promptly and thoroughly investigate the matter. All employees and students of the school district shall cooperate with the Compliance Officer in such investigation.
2. Within 15 school business days of receipt of the complaint, the Compliance Officer shall make a finding in writing that there has or has not been a violation of the Civil Rights Act, Section 504 of the Rehabilitation Act or the ADA. In the event the Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the complaint.
3. If the complainant is not satisfied with the finding of the Compliance Officer, or with the proposed resolution of the complaint, the complainant may, within 15 calendar days after he/she has received the report of the Compliance Officer, file a written request for review by the Superintendent of Schools.

B. Stage II–Superintendent of Schools

1. The Superintendent may request that the complainant, the Compliance Officer, student, or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the complaint and the facts surrounding it.
2. The Superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearing shall be held within 15 business days of the receipt of the appeal by the Superintendent.
3. Within 15 business days of the hearing, the Superintendent shall render his/her determination in writing. Such determination shall include a finding that there has or has not been a violation of the Civil Rights Act, Section 504 of the Rehabilitation Act or the ADA, and if applicable, a proposal for equitably resolving the complaint.
4. If the complainant is not satisfied with the determination of the Superintendent or the proposed resolution, the complainant may, within 15 calendar days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.

C. Stage III–Board of Education

1. When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.
2. The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 school business days of the receipt of the request of the complainant.
3. The Board shall render a decision in writing within 15 school business days after the hearing has been concluded.

Adopted May 8, 2012
Reviewed July 5, 2018

0110 Sexual Harassment

The Board of Education recognizes that harassment of students and staff on the basis of sex, gender and/or sexual orientation is abusive and illegal behavior that harms targets and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying such harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees can work productively.

Sex-based harassment can be comprised of two types of behavior: sexual harassment and/or gender-based harassment. Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature (see regulation 0110-R for examples). Gender-based harassment includes verbal, nonverbal or physical aggression, intimidation or hostility that is based on actual or perceived gender and sexual stereotypes (see regulation 0110-R for examples). Sexual or gender-based harassment of a student can deny or limit the student’s ability to participate in or to receive benefits, services, or opportunities from the school’s program.

The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events including those that take place at locations outside the district.

Because sexual harassment can occur staff to student, staff to staff, student to student, student to staff, male to female, female to male, male to male or female to female, it shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass any student or employee. In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The district will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If the complainant reports that they feel unsafe at school due to the nature of the complaint, the district will determine if accommodations need to be made until the issue is resolved.

If, after appropriate investigation, the district finds that a student, an
employee or a third party has violated this policy, prompt corrective action will be taken in accordance with the applicable collective bargaining agreement, district policy and state law.

All complainants and those who participate in the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind.

The Superintendent of Schools is directed to develop and implement regulations for reporting, investigating and remedying allegations of sexual harassment. These regulations are to be attached to this policy. In addition, training programs shall be established for students and employees to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can recognize and reduce the incidence of sexual harassment.

This policy shall be posted in a prominent place in each district facility, on the district’s website, and shall also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.

A committee of administrators, teachers, parents, students and the school attorney shall be convened periodically to review this policy’s effectiveness and compliance with applicable state and federal law, and to recommend revisions to Board.

Note: Replaces Policy #5020.1/9110.2
Adopted May 8, 2012

0110-R Sexual Harassment Regulation

This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment on the basis of sex, gender and/or sexual orientation in furtherance of the district’s commitment to provide a healthy and productive environment for all students and employees that promotes respect, dignity and equality.

Sexual Harassment Defined

“Sexual harassment” means unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature.

“Gender-based harassment” means verbal, non-verbal or physical aggression, intimidation or hostility that is based on actual or perceived gender identity or expression.

Sexual or gender-based harassment occurs when:

1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an employee’s employment or a student’s education (including any aspect of the student’s participation in school-sponsored activities, or any other aspect of the student’s education); or
2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting an employee’s employment or a student’s education; or
3. the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee’s work performance or a student’s academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive working or educational environment.

Unacceptable Conduct

School-related conduct that the district considers unacceptable and which
may constitute sexual harassment includes, but is not limited to, the following:

1. rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law;
2. unwelcome sexual invitations or requests for sexual activity in exchange for grades, promotions, preferences, favors, selection for extracurricular activities or job assignments, homework, etc.;
3. unwelcome and offensive public sexual display of affection, including kissing, making out, groping, fondling, petting, inappropriate touching of one’s self or others, sexually suggestive dancing, and massages;
4. any unwelcome communication that is sexually suggestive, sexually degrading or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual’s clothing, appearance or activities; sexual jokes; sexual gestures; public conversations about sexual activities or exploits; sexual rumors and “ratings lists;” howling, catcalls, and whistles; sexually graphic computer files, messages or games, etc;
5. unwelcome and offensive name calling or profanity that is sexually suggestive, sexually degrading, implies sexual intentions, or that is based on sexual stereotypes or sexual orientation, gender identity or expression;
6. unwelcome physical contact or closeness that is sexually suggestive, sexually degrading, or sexually intimidating such as the unwelcome touching of another’s body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, frontal body hugs, etc.;
7. unwelcome and sexually offensive physical pranks or touching of an individual’s clothing, such as hazing and initiation, “streaking,” “mooning,” “snuggies” or “wedgies” (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt “flip-ups,” “spiking” (pulling down someone’s pants or swimming suit); pinching; placing hands inside an individual’s pants, shirt, blouse, or dress, etc.;
8. unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or imply sexual motives or intentions;
9. clothing with sexually obscene or sexually explicit slogans or messages;
10. unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading, or that imply sexual motives or intentions, or that are based on sexual stereotypes;
11. unwelcome written or pictorial display or distribution of pornographic or other sexually explicit materials such as magazines, videos, films, Internet material, etc.;
12. any unwelcome behavior based on sexual stereotypes and attitudes that is offensive, degrading, intimidating, or demeaning, including, but not limited to:
a. disparaging remarks, slurs, jokes about or aggression toward an individual because the person displays mannerisms or a style of dress inconsistent with stereotypical characteristics of the person’s sex;
b. ostracizing or refusing to participate in group activities with an individual during class projects, physical education classes or field trips because of the individual’s sex, gender expression or gender identity;
c. taunting or teasing an individual because they are participating in an activity not typically associated with the individual’s sex or gender

For purposes of this regulation, action or conduct shall be considered “unwelcome” if the student or employee did not request or invite it and regarded the conduct as undesirable or offensive. In addition, in the remainder of this regulation, the term sexual harassment will refer to both sexual and gender-based harassment.

Determining if Prohibited Conduct is Sexual Harassment

Complaints of sexual harassment will be thoroughly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the above definition of sexual harassment and should therefore be treated as sexual harassment. Not all unacceptable conduct with sexual connotations may constitute sexual harassment. In many cases (other than quid pro quo situations where the alleged harasser offers academic or employment rewards or threatens punishment as an inducement for sexual favors), unacceptable behavior must be sufficiently severe, pervasive and objectively offensive to be considered sexual harassment. If the behavior doesn’t rise to the level of sexual harassment, but is found to be objectionable behavior, the individual will be educated and counseled in order to prevent the behavior from continuing.

In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider:

1. the degree to which the conduct affected the ability of the student to participate in or benefit from his or her education or altered the conditions of the student’s learning environment or altered the conditions of the employee’s working environment;
2. the type, frequency and duration of the conduct;
3. the identity of and relationship between the alleged harasser and the subject of the harassment (e.g., sexually based conduct by an authority figure is more likely to create a hostile environment than similar conduct by another student or a co-worker);
4. the number of individuals involved;
5. the age and sex of the alleged harasser and the subject of the harassment;
6. the location of the incidents and context in which they occurred;
7. other incidents at the school; and
8. incidents of gender-based, but non-sexual harassment.

Reporting Complaints

Any person who believes he or she has been the target of sexual harassment by a student, district employee or third party related to the school is required to report complaints as soon as possible after the incident in order to enable the district to effectively investigate and resolve the complaint. Targets are encouraged to submit the complaint in writing; however, complaints may be filed verbally.

Complaints should be filed with the Principal or the Title IX coordinator.

Any school employee who receives a complaint of sexual harassment from a student shall inform the student of the employee’s obligation to report the complaint to the school administration, and then shall immediately notify the Principal and/or the Title IX coordinator.

In order to assist investigators, targets should document the harassment as soon as it occurs and with as much detail as possible including: the nature of the harassment; dates, times, places it has occurred; name of harasser(s); witnesses to the harassment; and the target’s response to the harassment.

Confidentiality

It is district policy to respect the privacy of all parties and witnesses to complaints of sexual harassment. To the extent possible, the district will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual’s need for confidentiality must be balanced with the district’s legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the district retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.

If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that:

1. the request may limit the district’s ability to respond to his/her complaint;
2. district policy and federal law prohibit retaliation against complainants and witnesses;
3. the district will attempt to prevent any retaliation; and
4. the district will take strong responsive action if retaliation occurs.
If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the district from responding effectively to the harassment and preventing the harassment of other students or employees.

Investigation and Resolution Procedure

A. Initial (Building-level) Procedure

The Principal or the Title IX coordinator shall conduct a preliminary review when they receive a verbal or written complaint of sexual harassment, or if they observe sexual harassment. Except in the case of severe or criminal conduct, the Principal or the Title IX coordinator should make all reasonable efforts to resolve complaints informally at the school level. The goal of informal investigation and resolution procedures is to end the harassment and obtain a prompt and equitable resolution to a complaint.

As soon as possible but no later than three school business days following receipt of a complaint, the Principal or Title IX coordinator should begin an investigation of the complaint according to the following steps:

1. Interview the target and document the conversation. Instruct the target to have no contact or communication regarding the complaint with the alleged harasser. Ask the target specifically what action he/she wants taken in order to resolve the complaint. Refer the target, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.
2. Review any written documentation of the harassment prepared by the target. If the target has not prepared written documentation, instruct the target to do so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation.
3. Interview the alleged harasser regarding the complaint and inform the alleged harasser that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the alleged harasser an opportunity to respond to the charges in writing.
4. Instruct the alleged harasser to have no contact or communication regarding the complaint with the target and to not retaliate against the target. Warn the alleged harasser that if he/she makes contact with or retaliates against the target, he/she will be subject to immediate disciplinary action.
5. Interview any witnesses to the complaint. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and his/her statement confidential.
6. Review all documentation and information relevant to the complaint.
7. Where appropriate, suggest mediation as a potential means of resolving the complaint. In addition to mediation, use appropriate informal methods to resolve the complaint, including but not limited to:
a. discussion with the accused, informing him or her of the district’s policies and indicating that the behavior must stop;
b. suggesting counseling and/or sensitivity training;
c. conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
d. requesting a letter of apology to the complainant;
e. writing letters of caution or reprimand; and/or
f. separating the parties.
8. Parent/Student/Employee Involvement and Notification
a. Parents of student targets and accused students shall be notified within one school business day of allegations that are serious or involve repeated conduct.
b. The parents of students who file complaints are welcome to participate at each stage of both informal and formal investigation and resolution procedures.
c. If either the target or the accused is a disabled student receiving special education services under an IEP or section 504/Americans with Disabilities Act accommodations, the committee on special education will be consulted to determine the degree to which the student’s disability either caused or is affected by the discrimination or policy violation. In addition, due process procedures required for persons with disabilities under state and federal law shall be followed.
d. The Principal or Title IX Coordinator (i.e., the investigator) shall submit a copy of all investigation and interview documentation to the Superintendent.
e. The investigator shall report back to both the target and the accused, notifying them in writing, and also in person as appropriate, regarding the outcome of the investigation and the action taken to resolve the complaint. The investigator shall instruct the target to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.
f. The investigator shall notify the target that if he/she desires further investigation and action, he/she may request a district level investigation by contacting the Superintendent of Schools. The investigator shall also notify the target of his/her right to contact the U.S. Department of Education’s Office for Civil Rights and/or a private attorney. Employees may also contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.

If the initial investigation results in a determination that sexual harassment did occur, the investigator will promptly notify the Superintendent, who shall then take prompt disciplinary action in accordance with district policy, the applicable collective bargaining agreement or state law.

If a complaint received by the Principal or the Title IX Coordinator contains evidence or allegations of serious or extreme harassment, such as employee to student harassment, criminal touching, quid pro quo (e.g., offering an academic or employment reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint shall be referred promptly to the Superintendent. In addition, where the Principal or the Title IX coordinator has a reasonable suspicion that the alleged harassment involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact appropriate child protection and law enforcement authorities. Where criminal activity is alleged or suspected by a district employee, the accused employee shall be suspended pending the outcome of the investigation, consistent with all contractual or statutory requirements.

Any party who is not satisfied with the outcome of the initial investigation by the Principal or the Title IX coordinator may request a district-level investigation by submitting a written complaint to the Superintendent within 30 calendar days.

B. District-level Procedure

The Superintendent shall promptly investigate and resolve all sexual harassment complaints that are referred to him/her by a Principal or Title IX coordinator, as well as those appealed to the Superintendent following an initial investigation by a Principal or Title IX coordinator. In the event the complaint of sexual harassment involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to a trained investigator not employed by the district for investigation.

The district level investigation should begin as soon as possible but not later than three school business days following receipt of the complaint by the Superintendent or Board President.

In conducting the formal district level investigation, the district will use investigators who have received formal training in sexual harassment investigation or that have previous experience investigating sexual harassment complaints.

If a district investigation results in a determination that sexual harassment did occur, prompt corrective action will be taken to end the harassment. Where appropriate, district investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint.

No later than 30 calendar days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged harasser, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 calendar days following receipt of the complaint.

The target and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings. In addition, targets have the right to register sexual harassment complaints with the U.S. Department of Education’s Office for Civil Rights.

Employee targets also have the right to register complaints with the federal Equal Employment Opportunity Commission and the New York State Division of Human Rights. Nothing in these regulations shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court.

Retaliation Prohibited

Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.

Discipline/Penalties

Any individual who violates the sexual harassment policy by engaging in prohibited sexual harassment will be subject to appropriate disciplinary action. Disciplinary measures available to school authorities include, but are not limited to the following:

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.

Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.

Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment.

Vendors: Penalties may range from a warning up to and including loss of district business.

Other individuals: Penalties may range from a warning up to and including denial of future access to school property

False Complaints

False or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant.

Training

All students and employees shall be informed of this policy in student and employee handbooks, on the district website and student registration materials.

In addition, age-appropriate curricular materials will be made available so that it can be incorporated in instruction K-12 to ensure that all students are educated to recognize and report sexual harassment.

All new employees shall receive information about this policy and regulation at new employee orientation and shall sign a statement to indicate the receipt of those documents. All other employees shall be provided information at least once a year regarding this policy and the district’s commitment to a harassment-free learning and working environment. Principals, Title IX coordinators, and other administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive yearly training on this policy, regulation and related legal developments.

Principals in each school and program directors shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the target.

Note: Replaces Policy #5020.1/9110.2-R
Adopted May 8, 2012

0115 Student Harassment and Bullying Prevention and Intervention

The Board of Education is committed to providing an educational and working environment that promotes respect, dignity and equality. The Board recognizes that discrimination, such as harassment, hazing and bullying, are detrimental to student learning and achievement. These behaviors interfere with the mission of the district to educate its students and disrupt the operation of the schools. Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts.

To this end, the Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events.

Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds which can be reasonably expected to materially and substantially interfere with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students are prohibited, and may be subject to disciplinary consequences.

Definitions

Bullying

Bullying is understood to be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. In order to facilitate implementation of this policy, provide meaningful guidance and prevent behaviors from rising to a violation of law, this policy will use the term bullying (which is usually subsumed under the term “harassment”) to describe a range of misbehaviors such as harassment, hazing, intimidation or discrimination. The accompanying regulation provides more guidance regarding the definition and characteristics of bullying.

Discrimination

Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as enumerated in the Definitions section, under Harassment, below).

Hazing

Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

Harassment

Harassment has been defined in various ways in federal and state law and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent misbehavior from escalating in order to promote a positive school environment and to limit liability. The Dignity for All Students Act (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:

  • race,
  • color,
  • weight,
  • national origin,
  • ethnic group,
  • religion,
  • religious practice,
  • disability,
  • sex,
  • sexual orientation, or
  • gender (including gender identity and expression).

In some instances, bullying or harassment may constitute a violation of an individual’s civil rights. The district is mindful of its responsibilities under the law and in accordance with district policy regarding civil rights protections

Prevention

The school setting provides an opportunity to teach children, and emphasize among staff, that cooperation with and respect for others is a key district value. A program geared to prevention is designed to not only decrease incidents of bullying but to help students build more supportive relationships with one another by integrating the bullying prevention program into classroom instruction. Staff members and students will be sensitized, through district-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur.

Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes or gender expression or identities will be included in the instructional program K-12.

In order to implement this program the Board will designate at its annual organizational meeting a district-wide Dignity Act Coordinator (DAC).] The board will also appoint a Bullying Prevention Coordinator for each school building in the district. The role of the DAC is to coordinate and enforce this policy. In addition, the Superintendent will establish a district-wide Safe and Respectful Schools Committee,] as well as Bullying Prevention Coordinating Committees in each school that will be overseen by the DAC Committees will include representation from staff, administration, and parents. The district-wide task force and the school-level committee will assist the administration in developing and implementing specific prevention initiatives, including early identification of bullying and other strategies. In addition, the program will include reporting, investigating, remedying and tracking allegations of bullying. The accompanying regulation provides more detail on the specific programs and strategies implemented by the district.

Intervention

Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages. Intervention will emphasize education and skill-building.

Successful intervention may involve remediation. Remedial responses to bullying and harassment include measures designed to correct the problem behavior, prevent another occurrence of the behavior and protect the target. Remediation may be targeted to the individual(s) involved in the bullying behavior or environmental approaches which are targeted to the school or district as a whole.

In addition, intervention will focus upon the safety of the target. Staff is expected, when aware of bullying, to either refer the student to designated resources for assistance, or to intervene in accordance with this policy and regulation.

Provisions for students who do not feel safe at school

The Board acknowledges that, notwithstanding actions taken by district staff, intervention may require a specific coordinated approach if the child does not feel safe at school. Students who do not feel safe at school are limited in their capacity to learn and reach their academic potential. Staff, when aware of bullying, should determine if accommodations are needed in order to help ensure the safety of the student and bring this to the attention of the building principal. The building principal, other appropriate staff, the student and the student’s parent will work together to define and implement any needed accommodations.

The district recognizes that there is a need to balance accommodations which enhance student safety against the potential to further stigmatize the targeted student. Therefore, each case will be handled individually. The student,
parent/guardian, and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student. Follow-up discussion and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued.

Training

The Board recognizes that in order to implement an effective bullying prevention and intervention program, professional development is needed. The Superintendent or his/her designee, the DAC and the District Professional Development Team will incorporate training to support this program in new teacher orientation and the annual professional development plan, as needed. Training opportunities will be provided for all staff, including but not limited to bus drivers, cafeteria and hall monitors and all staff who have contact with students. The DAC and BPCs will be trained in accordance with state requirements and will continue their professional development so as to successfully support this policy and program.

Reporting and Investigation

Although it can be difficult for individuals to come forward to report bullying incidents, the district can’t effectively address incidents if they are not reported. Students who have been bullied, parents whose children have been bullied or other students or staff who observe bullying behavior are encouraged and expected to make a verbal and/or written complaint to any school personnel in accordance with the training and guidelines provided. At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy, or, if applicable, [0100, Equal Opportunity and Nondiscrimination, or 0110, Sexual Harassment] and the district’s Code of Conduct. If a staff person is unsure of the reporting procedure, he/she is expected to inquire about how to proceed by speaking with their supervisor. Incidents will be included in the Violent and Disruptive Incident Reporting (VADIR) system when applicable.

There shall be a duty for all school personnel to report any incidents of student-to-student and staff-to-student bullying that they observe to their building principal or other administrator who supervises their employment. In addition, there shall be a further duty for all school personnel to report any incidents of student-to-student and staff-to-student bullying of which they are made aware by students to their building principals or other administrator who supervises their employment. Supervisors will refer the information to appropriate district staff for investigation as designated in regulation. A district employee may be deemed to have permitted unlawful discrimination or harassment if he/she fails to report an observed incident, whether or not the target complains.

The results of the investigation shall be reported back to both the target and the accused in accordance with the accompanying regulation. If either of the parties disagrees with the results of the investigation, they can appeal the findings in accordance with the regulations that accompany this policy.

Disciplinary Consequences/Remediation

While the focus of this policy is on prevention, bullying acts may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action will be taken by the administration in accordance with the district’s Code of Conduct, as applicable. If the behavior rises to the level of criminal activity, law enforcement will be contacted.

Consequences for a student who commits an act of bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and must be consistent with the district’s Code of Conduct.

Non-Retaliation

All complainants and those who participate in the investigation of a complaint in conformity with state law and district policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

Dissemination, Monitoring, Review, and Reporting

This policy, or a plain language summary, shall be published in student registration materials, student, parent and employee handbooks, and posted on the district’s website. A bullying complaint form will be available on the district’s website. The district will ensure that the process of reporting bullying is clearly explained.

Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration.

The Board will receive the annual VADIR report, for each building and for the district as whole, with particular attention to the trends in the incidence of bullying. In addition, the Board will receive on an annual basis a more detailed report of the number of bullying incidents that occur, disaggregated by school, student demographic information and type of incident. Based on the review of the data, the Board may consider further action, including but not limited to modification of this policy and additional training.

The district will ensure that reporting of information to the public will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).

Note: Replaces Policy #5040
Adopted May 8, 2012

0115-R Student Harassment and Bullying Prevention and Intervention Regulation

The Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing, intimidation and bullying on school grounds, school buses and at all school-sponsored activities, programs and events.

Definitions

Bullying

In order to facilitate implementation, provide meaningful guidance and prevent behaviors from rising to a violation of law, this policy will use the term bullying (which is usually subsumed under the term “harassment”), which is understood to be a hostile activity which harms or induces fear through the threat of further aggression and/or creates terror. Bullying may be premeditated or a sudden activity. It may be subtle or easy to identify, done by one person or a group. Bullying often includes the following characteristics:

1. Power imbalance – occurs when a bully uses his/her physical or social power over a target.
2. Intent to harm – the bully seeks to inflict physical or emotional harm and/or takes pleasure in this activity.
3. Threat of further aggression – the bully and the target believe the bullying will continue.
4. Terror – when any bullying increases, it becomes a “systematic violence or harassment used to intimidate and maintain dominance.”

There are at least three kinds of bullying: verbal, physical and social/relational.

  • Verbal bullying includes name calling, insulting remarks, verbal teasing, frightening phone calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs, threatening electronic communications (“cyberbullying”), anonymous notes, etc.
  • Physical bullying includes poking, slapping, hitting, tripping or causing a fall, choking, kicking, punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and personal property, or threatening gestures.
  • Social or relational bullying includes excluding someone from a group, isolating, shunning, spreading rumors or gossiping, arranging public humiliation, undermining relationships, teasing about clothing, looks, giving dirty looks, aggressive stares, etc.
  • Cyberbullying (Threatening electronic communications)

Discrimination

Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as listed under Harassment as defined below).

Harassment

Harassment has been defined in various ways in federal and state law (including the penal law) and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent behaviors from escalating to violations of law and, instead, to promote a positive school environment and limit liability. The Dignity for All Students Act (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:

  • race,
  • color,
  • weight,
  • national origin,
  • ethnic group,
  • religion,
  • religious practice,
  • disability,
  • sex,
  • sexual orientation, or
  • gender (including gender identity and expression).

Hazing

Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

Prevention

Prevention is the cornerstone of the district’s effort to address bullying and harassment. The components of such an effort involve the following:

  • Following the principles and practices of “Educating the Whole Child Engaging the Whole School: Guidelines and Resources for Social and Emotional Development and Learning (SEDL) in New York State –Adopted by the Board of Regents July 18, 2011.” District curriculum will emphasize developing empathy, tolerance and respect for others.
  • Learning about and identifying the early warning signs and precursor behaviors that may lead to bullying.
  • Gathering information about bullying at school directly from students (through surveys and other mechanisms); analyzing and using the data gathered to assist in decision-making about programming and resource allocation.
  • Establishing clear school wide and classroom rules about bullying consistent with the district’s code of conduct.
  • Training adults in the school community to respond sensitively and consistently to bullying.
  • Raising awareness among adults, through training, of the school experiences of marginalized student populations (as enumerated in the Definitions section above), social stigma in the school environment, gender norms in the school environment, and strategies for disrupting bullying, intimidation, harassment or other forms of violence.
  • Providing adequate supervision, particularly in less structured areas such as in the hallways, cafeteria, school bus and playground.
  • Providing adequate supervision, particularly in less structured areas such as in the hallways, cafeteria, school bus and playground.
  • Using educational opportunities or curriculum, including, if applicable, the Individual Educational Program (IEP), to address the underlying causes and impact of bullying.

Role of the Bullying Prevention Coordinators (BPC)

The Board of Education will annually designate staff members, who have been thoroughly trained in human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression), and sex, as the Bullying Prevention Coordinators (BPC), accountable for implementation of this policy at each building. The BPC will be responsible for coordinating and enforcing this policy and regulation in each school building, including but not limited to coordination of:

  •  the work of the building-level committees;
  • professional development for staff members and,
  • the complaint process, and
  • management of the Dignity Act’s civility curriculum components.

Reporting and Investigation

In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets and persons with knowledge of bullying report such behavior immediately to the Bullying Prevention Coordinator (the principal or principal’s designee) as soon as possible after the incident so that it may be effectively investigated and resolved. The district will also make a bullying complaint form available on its website to facilitate reporting. The district will collect relevant data from written and verbal complaints to allow reporting to the Board on an annual basis.

The district will promptly and equitably investigate all complaints, formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner, although limited disclosure may be necessary to complete a thorough investigation.

In order to assist investigators, individuals should document the bullying as soon as it occurs and with as much detail as possible including: the nature of the incident(s); dates, times, places it has occurred; name of perpetrator(s); witnesses to the incident(s); and the target’s response to the incident.

If, after appropriate investigation, the district finds that a student, an employee or a third party has violated this policy, prompt corrective and possibly disciplinary action will be taken in accordance with the code of conduct, applicable collective bargaining agreement, district policy and state law. If the reported behavior constitutes a civil rights violation, the complaint procedure associated with that policy will be followed, as applicable. If either of the parties disagrees with the findings of the initial investigation, an appeal may be made to the Superintendent in accordance with the process described below.

Confidentiality

It is district policy to respect the privacy of all parties and witnesses to bullying. To the extent possible, the district will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual’s desire for confidentiality must be balanced with the district’s legal obligation to provide due process to the accused, to conduct a prompt and thorough investigation, and/or to take necessary action to resolve the complaint, the district retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.

If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that:

1. the request may limit the district’s ability to respond to his/her complaint;
2. district policy and federal law prohibit retaliation against complainants and witnesses;
3. the district will attempt to prevent any retaliation; and
4. the district will take strong responsive action if retaliation occurs.

If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the district from responding effectively to the bullying and preventing the bullying of other students.

Investigation and Resolution Procedure

A. Initial (Building-level) Procedure

Whenever a complaint of bullying is received whether verbal or written, it will be subject to a preliminary review and investigation. Except in the case of severe or criminal conduct, the Bullying Prevention Coordinator (the principal or principal’s designee) shall make all reasonable efforts to resolve complaints informally at the school level. The goal of informal procedures is to end the bullying, prevent future incidents, ensure the safety of the target and obtain a prompt and equitable resolution to a complaint.

As soon as possible, but no later than three school business days following receipt of a complaint, the Bullying Prevention Coordinator (the principal or principal’s designee) should begin an investigation of the complaint by:

  • Reviewing any written documentation provided by the target(s).
  • Conducting separate interviews of the target(s), alleged perpetrator(s), and witnesses, if any, and documenting the conversations.
  • Providing the alleged perpetrator(s) a chance to respond and notify him/her that if objectionable behavior has occurred, it must cease immediately. The individual will be made aware of remediation opportunities as well as potential disciplinary consequences.
  • Determining whether the complainant needs any accommodations to ensure his/her safety, and following up periodically until the complaint has been resolved. Accommodations may include, but are not limited to:

o A “permanent” hall pass that allows the student to visit a designated adult at any time;
o Access to private bathroom facilities;
o Access to private locker room facilities;
o An escort during passing periods;
o If the student feels unsafe in a specific class, an opportunity for individual tutoring or independent study until the case is resolved;
o An opportunity for independent study at home with district-provided tutor until the case is resolved;
o Permission to use personal cell phone in the event that the student feels threatened and needs immediate access to parent or guardian;
o Assignment of a bus monitor.

The district recognizes that there is a need to balance accommodations which enhance student safety against the potential to further stigmatize the targeted student. Therefore, each case will be handled individually, and the student, parent/guardian, and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student. Follow-up discussion and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued.

Parents of student targets and accused students should be notified within one school day of allegations that are serious or involve repeated conduct.

Where appropriate, informal methods may be used to resolve the complaint, including but not limited to:

a. discussion with the accused, informing him or her of the district’s policies and indicating that the behavior must stop;
b. suggesting counseling, skill building activities and/or sensitivity training;
c. conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
d. requesting a letter of apology to the target;
e. writing letters of caution or reprimand; and/or
f. separating the parties.

Appropriate disciplinary action shall be recommended and imposed in accordance with district policy, the applicable collective bargaining agreement or state law. School districts should make every effort to attempt to first resolve the misconduct through non-punitive measures.

The investigator shall report back to both the target and the accused, within five school business days notifying them in writing, and also in person, as appropriate, regarding the outcome of the investigation and the action taken to resolve the complaint. The actions taken will be in conformance with the Remediation/Discipline/Penalties section of this regulation. The target shall report immediately if the objectionable behavior occurs again or if the alleged perpetrator retaliates against him/her.

If a complaint contains evidence or allegations of serious or extreme bullying, or a civil rights violation, the complaint shall be referred promptly to the Superintendent. The complainant will also be advised of other avenues to pursue their complaint, including contact information for state and federal authorities.

In addition, where the Bullying Prevention Coordinator (the principal or principal’s designee) has a reasonable suspicion that the alleged bullying incident involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact the school attorney, appropriate child protection and, if appropriate, law enforcement authorities.

Any party who is not satisfied with the outcome of the initial investigation may request a district-level investigation by submitting a written complaint to the Superintendent within 30 calendar days.

B. District-level Procedure

The Superintendent or his/her designee shall promptly investigate and equitably resolve all bullying complaints that are referred to him/her, as well as those appealed to the Superintendent following an initial investigation. In the event the complaint involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to an appropriate independent individual for investigation.

The district level investigation should begin as soon as possible, but not later than three school business days, following receipt of the complaint by the Superintendent or Board President.

The district level investigation should begin as soon as possible, but not later than three school business days, following receipt of the complaint by the Superintendent or Board President.

If a district level investigation results in a determination that bullying did occur, prompt corrective action will be taken to end the misbehavior in accordance with the Remediation/Discipline/Penalties section of this regulation.

No later than 30 calendar days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged perpetrator, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 calendar days following receipt of the complaint.

Any party who is not satisfied with the outcome of the district-level investigation may appeal to the Board of Education by submitting a written request to the Board President within 30 calendar days.

C. Board-level Procedure

When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.

The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 school business days of the receipt of the request of the complainant.

The Board shall render a decision in writing within 15 calendar days after the hearing has been concluded.

The district shall retain documentation associated with complaints and investigations in accordance with Schedule ED-1.

Retaliation Prohibited

Any act of retaliation against any person who opposes bullying behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified assisted, or participated in any manner in an investigation, proceeding, or hearing of a bullying complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action up to and including suspension or termination.

Remediation/Discipline/Penalties

Any individual who violates this policy by engaging in bullying will be subject to appropriate action, which may include disciplinary action. Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target of the act. Appropriate remedial measures may include, but are not limited to:

  • Restitution and restoration;
  • Peer support group;
  • Corrective instruction or other relevant learning or service experience;
  • Changes in class schedule
  • Supportive intervention;
  • Behavioral assessment or evaluation;
  • Behavioral management plan, with benchmarks that are closely monitored;
  • Student counseling;
  • Parent conferences; or
  • Student treatment or therapy.

Environmental remediation may include, but is not limited to:

  • School and community surveys or other strategies for determining the conditions contributing to the relevant behavior;
  • Modification of schedules;
  • Adjustment in hallway traffic and other student routes of travel;
  • Targeted use of monitors;
  • Parent education seminars/workshops;
  • Peer support groups.

Disciplinary measures available to school authorities include, but are not limited to the following:

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the Code of Conduct and applicable law.
Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.
Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment.
Vendors: Penalties may range from a warning up to and including loss of district business.
Other individuals: Penalties may range from a warning up to and including denial of future access to school property.

Policy Dissemination

All students and employees shall be informed of this policy in student and employee handbooks, on the district website and student registration materials.

All employees shall receive information about this policy and regulation at least once a year.

Principals in each school shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures for filing a complaint and information about the impact of bullying on the target and bystanders.

Training

Training needs in support of this bullying prevention and intervention program will be reflected in the district’s annual professional development plan, new teacher orientation, in curriculum and will be considered in the budget process. The bullying prevention coordinator, administrative employees and other staff, such as counselors or social workers who have specific responsibilities for investigating and/or resolving complaints of bullying shall receive yearly training to support implementation of this policy, regulation and on related legal developments.

Note: Replaces Policy #5040-R
Adopted May 8, 2012

0200 School District Operations Goals

To further its educational philosophy, and to achieve its educational mission, the Board of Education establishes the following goals:

1. to employ the best possible school staff, including both professional and support personnel;
2. to encourage the development of positive and supportive interpersonal relationships among the students, the staff and members of the community;
3. to ensure that staff, students, and parents are afforded opportunities for meaningful participation in the development and evaluation of programs and policies;
4. to strive for maximum efficiency in the use of district resources to meet the goals and objectives of the various programs and policies;
5. to provide educational programs and services which fulfill the needs of the district and comply with Commissioner’s Regulations;
6. to promote the development of programs and services which encourage cooperative interaction between the community-at-large and district staff and students; and
7. to promote the continued learning and development of its staff members.

Adopted June 6, 1995
Reviewed, Adopted April 9, 2013
Reviewed July 5, 2018

0310 Evaluation of School Board Operational Procedures

The Board of Education shall review the effectiveness of its internal operations at least once annually. The Superintendent of Schools and others who work regularly with the Board shall be asked to participate in this review and to suggest ways by which the Board can improve its functioning as a deliberative and legislative body.

The Board shall set forth the standards by which it will evaluate itself, taking into account the following:

1. the district’s needs and the Board’s ability to meet such needs;
2. the district’s goals for its instructional programs;
3. the Board’s relationship with the Superintendent and district staff;
4. the Board’s relationship with its supervisory district (BOCES); and
5. the community’s perception of Board members as educational leaders.

All decisions of the Board are to be supported by as much objective evidence as possible. Implied in this approach is an assumption that any school board is capable of improvement. The chances that improvement will result are enhanced if evaluation is carried out systematically in accordance with good planning, conscientious follow-through, and careful assessment of results.

Adopted June 20, 1995
Reviewed, Adopted April 9, 2013

0320 Evaluation of Superintendent

The Board of Education recognizes that student growth, district progress, and community satisfaction are all affected by the performance of the Superintendent of Schools. The Superintendent cannot function effectively without periodic feedback about his/her performance. Therefore the Board recognizes its responsibilities to evaluate the Superintendent.

During each year of the Superintendent’s appointment, the Board and the Superintendent will meet to discuss a plan of performance review and accountability for that school year. The evaluation shall be based upon performance criteria and goals mutually agreed upon by the Board and the Superintendent. Such evaluation shall occur at least annually, pursuant to the regulations of the Commissioner of Education, and will be discussed only during an executive session. The evaluation process is intended to provide the highest quality leadership for the school system.

Adopted April 4, 1995
Revised, Adopted April 9, 2013
Reviewed July 5, 2018

0330 Evaluation of Staff

The principles of evaluation outlined in this policy shall be applied to all members of the district’s staff.

Principles and criteria for evaluation of staff should be drawn from and reflect the district’s educational philosophy and mission (reference 0000) which insures the continuing existence of a secure and healthful learning environment for all students.

The purposes of staff evaluations are:

1. to provide an objective basis for improving and upgrading individual performance;
2. to ensure that employees meet performance standards.

The evaluation process should produce an outcome which is positive, emphasizes excellence, and promotes the continued learning and development of staff.

Performance evaluations will be based on job descriptions which reflect the responsibilities of each position.

Performance should be measured by clearly stated and commonly understood criteria.

Each staff member will be formally evaluated at least once each year by the administrative or supervisory staff assigned that responsibility.
The development of procedures and guidelines for evaluations shall be the responsibility of the Superintendent.
Where applicable, the procedures and guidelines for evaluations shall be consistent with Education Law, Commissioner’s Regulations and the collective bargaining agreements in effect between the district and the appropriate bargaining unit.

Adopted June 6, 1995
Revised, Adopted April 9, 2013
Revised, Adopted July 5, 2018

0350 Evaluation of Instructional Programs

The Board of Education recognizes that learning is a continuous process that cannot be satisfactorily achieved without the coordination and cooperation of all components of the system. To achieve the highest quality of education on all levels, a critical appraisal of the program as it operates in each school and at each level is essential. The Superintendent of Schools shall develop standards and procedures for the evaluation of instructional programs.

The purposes of evaluating the instructional programs are to:

1. indicate instructional strengths and weaknesses;
2. provide information needed for advance planning;
3. provide data for public information;
4. show the relationship between achievement and the school system’s stated goals; and
5. review the suitability of the instructional program in terms of community values and priorities.

The Board shall receive regular reports of the results of instructional program evaluations.

Adopted April 8, 1997
Revised, Adopted April 9, 2013
Revised, Adopted July 5, 2018

1000 Community Relations Goals

The Board of Education strives to conduct district affairs by way of a continuing, open dialogue between the community and the schools. Given district residents’ high level of interest in the education of children, the Board wishes to maintain its high level of sensitivity to the needs and desires of the community and to act expeditiously to meet changing needs and conditions.

To this end, the Board establishes the following goals for community involvement:

1. provide a variety of means whereby residents of the school district may have the opportunity to contribute their best thinking to the orderly planning of education for children in the district;
2. keep the community accurately informed about its schools;
3. understand community attitudes and aspirations for the schools;
4. encourage contributions from the parent-teacher associations of the district so that school personnel and parents cooperate to advance the educational welfare of the children;
5. handle all complaints from the public by the administrative officer in charge of the unit of the school district organization closest to the complainant. However, such complaints may be carried to the Superintendent of Schools and/or the Board if the problem cannot be solved at that level;
6. promote a spirit of cooperation among the Board, the schools, and the community;
7. develop and maintain the confidence of the community in the Board and the school district staff;
8. expand the public understanding of every aspect of the school system, and stimulate public interest in the school;
9. facilitate dissemination of information to the community concerning issues and activities in the school using not only traditional modes of communication, such as a district newsletter, but also current modes of communication such as the District’s website and social networking sites;
10. ascertain the community’s opinions and desires with respect to the operations of the school system, and to incorporate that knowledge into its actions;
11. build relationships with local businesses, local government, health care, social service, civic and community organizations to share resources in order to meet the academic, social and emotional needs of all of our students; and
12. develop and maintain an effective means of communication with the people of the district.

Notwithstanding the above, the final decisions in these areas will rest with the Board.

Adopted April 4, 1995
Revised, Adopted January 19, 2010
Replaced, Revised, Adopted May 24, 2011
Replaced, Adopted November 5, 2014

1050 Annual District Election and Budget Vote

The district shall hold an annual election and budget vote at which the district’s authorized voters will elect members of the Board of Education and vote on the district budget for the coming school year. The annual district election and budget vote will be held on the third Tuesday in May, unless, due to a conflict with religious observance, the Board requests that the Commissioner approve changing the election date to the second Tuesday in May. The request is due to the Commissioner by March 1st.

The District Clerk shall publish a notice of the time and place of the annual election and budget vote at least four times within the seven weeks prior to the election, in two newspapers having general circulation within the district. The first publication of the notice shall be at least 45 days prior to the election. The notice shall also contain notice of any other matter required by law.

Copies of the budget to be voted upon at the annual election and budget vote will be available in each district school building, at the school district offices, and at any public library or free association library within the district, for district residents at the time of the annual election and budget vote and the 14 days preceding (other than Saturday, Sunday and holidays), as well as on the school district’s internet website, www.guilderlandschools.org.

The Board shall appoint assistant clerks and election inspectors necessary for the annual election and budget vote at a Board meeting held before the annual election and budget vote.

Propositions

The Board has the authority, under the Education Law, to adopt reasonable rules and regulations concerning the submission of petitions to the Board to place propositions on the ballot, which may amend the budget. Pursuant to those provisions, the Board establishes the following guidelines:

1. Unless otherwise provided by the Education Law, petitions for the submission of a proposition must contain a minimum of 25 signatures of qualified voters of the district or 2 percent of the eligible voters who voted in the previous annual election of the members of the Board of Education, whichever is greater.
2. Petitions must be filed with the District Clerk at least 30 days prior to the annual election, except for petitions relating to a proposition which must be included in the notice of the annual election (e.g., changing the number of board members). Such petitions must be submitted 60 days in advance of the annual election to facilitate the preparation and printing of the ballots.
3. Propositions must include the specific appropriations necessary for the purposes listed.
4. Wording of a petition must comply with legal requirements. If the wording does not comply, it may be changed or altered by the Board, or the Board may reject a petition for failure to comply.

Propositions received in accordance with these specifications will be placed on the ballot as amendments and will be voted upon by the voters in the same manner as the proposed budget, except that the Board shall not be required to place any proposition on the ballot which is within the exclusive province of the Board, or otherwise forbidden by law. No proposition involving the budget may be submitted to the voters more than twice within a twelve month period.

The Board may also, on its own motion, submit propositions.

Improper Advocacy

The district may provide informational material to the voters concerning budgets, propositions, or other matters before the electorate. However, school district funds and resources may not be used to exhort voters to support a particular position. For example, the district will not engage in activities including, but not limited to, sending flyers supporting the budget home with students, providing mailing labels for materials supporting a proposition or using the district e-mail to deliver promotional material for candidates.

Original Policy Adopted June 6, 1995
Revised May 12, 1998 (Replaced January 24, 2012) Replaced, Adopted January 24, 2012
Revised, Adopted March 7, 2017

1100 Public Information Program

The Board of Education shall maintain a continuing public information program, in order to promote widespread understanding of the school program, and to gain the support and participation of the community in the school system.

In addition to encouraging members of the community to attend and participate in public Board meetings, the Superintendent of Schools shall develop a program aimed at disseminating information about Board policies, procedures, actions and district educational programs to the public. This program will also respond to community inquiries, comments or concerns.

The Superintendent should coordinate the activities of district administrators to ensure their direct involvement in the public information program. Each school, through its faculty and staff, should participate not only in the dissemination of information to the public, but also in the planning of events and social programs aimed at getting the community involved in school district activities.

Persons wishing to obtain information should inquire first through a Building Principal or other school administrator, then through the Superintendent, and finally through the Board.

Adopted April 4, 1995
Adopted January 19, 2010
Reviewed, Adopted June 17, 2014

1120 Access to School District Records

The Board of Education shall to inform members of the public about the administration and operation of the public schools in accordance with the Freedom of Information Law of the State of New York.

The Superintendent of Schools shall develop regulations ensuring compliance with the Freedom of Information Law and setting forth the procedures to be followed to obtain access to district records, and submit such regulations to the Board for approval. The Superintendent shall designate, with Board approval, a Records Access and Records Management Officer, pursuant to law.

Retention and Destruction of Records

The Board hereby adopts the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for district records. In accordance with Article 57-A, the district will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.

The manner of destruction will be determined by the format of the record (i.e., paper, digital, etc.). In addition, destruction will be appropriately documented.

Litigation-Hold

The Superintendent will establish procedures in the event that the school district is served with legal papers. The Superintendent will communicate with applicable parties, including the school attorney and the records management official, to ensure that, when appropriate, a litigation-hold is properly implemented. The litigation-hold is intended to prevent the destruction or disposal of records that may need to be produced as part of discovery. The Board of Education intends to comply with applicable rules and regulations regarding the production of necessary documents, data, files, etc. The Board directs the Superintendent to institute such procedures to implement this policy.

The Superintendent or his/her designee, with assistance from the Records Management Officer, shall be responsible for developing and disseminating department-specific retention schedules and guidance to staff, as necessary, to ensure adherence to this policy.

Adopted April 29, 2014

1120-R Access to School District Records Regulation

The following comprises the rules and regulations relating to the inspection and production of school district records:

I. Designation of Officers

1. The Records Access Officer shall be the assistant superintendent for human resources. He/She shall:
• receive requests for records of the Board of Education and make such records available for inspection or copying when such requests are granted; and
• compile and maintain a detailed current list by subject matter, of all records in the possession of the Board, whether or not available to the public.
2. The Superintendent of Schools, with the Board’s approval, shall designate a Records Management Officer for the district. The Records Management Officer will develop and oversee a program for the orderly and efficient management of district records. The Records Management Officer shall ensure proper documentation of the destruction of records, in accordance with the schedule.

II. Definition of Records

1. A record is defined as any information kept, held, filed, produced or reproduced by, with or for the district in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.
2. The Records Access Officer will have the responsibility for compiling and maintaining the following records:
a. a record of the final vote of each member of the Board on any proceeding or matter on which the member votes;
b. a record setting forth the name, school or office address, title and salary of every officer or employee of the district; and
c. a reasonably detailed current list by subject matter of all records in possession of the district, whether or not available for public inspection and copying. (See Exhibit 1120-E1)
3. No record for which there is a pending request for access may be destroyed. However, nothing in these regulations shall require the district to prepare any record not possessed or maintained by it except the records specified in II(2), above.

III. Access to Records

1. Time and place records may be inspected: Records may be requested from, and inspected or copied at, the Office of the Records Access Officer, at the district office during business day on which the district offices are open. Records may also be requested via the district website e-mail at the following address: records.access. officer@guilderlandschools.net. This information shall be posted on the district’s website.
2. Fees: The fee for documents up to 9 x 14 inches is 25 cents per page. For documents larger than 9 x 14 inches, tape or cassette records, or computer printouts, the cost will be based on the cost of reproduction or program utilized. Fees are subject to periodic review and change. However, no fee shall be charged for records sent via e-mail, the search for or inspection of records, certification of documents, or copies of documents which have been printed or reproduced for distribution to the public. The number of such copies given to any one organization or individual may be limited, in the discretion of the Records Access Officer.
3. Procedures: Requests to inspect or secure copies of records shall be submitted in writing, either in person, by mail or via e-mail, to the Records Access Officer. [A form is provided (1120-E2) for written and e-mail requests, but are not required but should attempt to address questions on recommended form.
4. All requests for information shall be responded to within five business days of receipt of the request. If the request cannot be fulfilled within five business days, the Records Access Officer shall acknowledge receipt of the request and provide the approximate date when the request will be granted or denied.
5. If a request cannot be granted within 20 business days from the date of acknowledgment of the request, the district must state in writing both the reason the request cannot be granted within 20 business days, and a date certain within a reasonable period when it will be granted depending on the circumstances of the request.
6. Denial of Access: When a request for access to a public record is denied, the Records Access Officer shall indicate in writing the reasons for such denial, and the right to appeal.
7. Appeal: An applicant denied access to a public record may file an appeal by delivering a copy of the request and a copy of the denial to the Superintendent within 30 days after the denial from which such appeal is taken.
8. The applicant and the New York State Committee on Open Government will be informed of the Superintendent’s determination in writing within 10 business days of receipt of an appeal. The Superintendent shall transmit to the Committee on Open Government photocopies of all appeals and determinations.

IV. Records Exempted from Public Access

The provisions of this regulation relating to information available for public inspection and copying shall not apply to records that:

1. are specifically exempted from disclosure by state and/or federal statute;
2. if disclosed would constitute an unwarranted invasion of personal privacy;
3. if disclosed would impair present or imminent contract awards or collective bargaining negotiations;
4. are confidentially disclosed to the Board and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license;
5. are compiled for law enforcement purposes and which, if disclosed, would:
a. interfere with law enforcement investigations or judicial proceedings;
b. deprive a person of a right to a fair trial or impartial adjudication;
c. identify a confidential source or disclose confidential techniques or procedures, except routine techniques or procedures; or
d. reveal criminal investigative techniques or procedures, except routine techniques and procedures;
6. records which if disclosed would endanger the life or safety of any person;
7. records which are interagency or intra-agency communications, except to the extent that such materials consist of:
a. statistical or factual tabulations or data;
b. instructions to staff which affect the public;
c. final Board policy determinations; or
d. external audits, including but not limited to audits performed by the comptroller and the federal government;
8. records which are examination questions or answers that are requested prior to the final administration of such questions;
9. records which if disclosed would jeopardize the district’s capacity to guarantee the security of its information technology assets (which encompasses both the system and the infrastructure).

V. Prevention of Unwarranted Invasion of Privacy

To prevent an unwarranted invasion of personal privacy, the Records Access Officer may delete identifying details when records are made available. An unwarranted invasion of personal privacy includes but shall not be limited to:

1. disclosure of confidential personal matters reported to the Board which are not relevant or essential to the ordinary work of the Board;
2. disclosure of employment, medical or credit histories or personal references of applicants for employment, unless the applicant has provided a written release permitting such disclosures;
3. sale or release of lists of names and addresses in the possession of the Board if such lists would be used for private, commercial or fund-raising purposes;
4. disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the Board; or
5. disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.

Unless otherwise deniable, disclosure shall not be construed to constitute an unwarranted invasion of privacy when identifying details are deleted, when the person to whom records pertain consents in writing to disclosure, or when upon representing reasonable proof of identity, a person seeks access to records pertaining to him or her.

VI. Listing of Records

Pursuant to Section 87(3)(c) of the Public Officers Law, the current records retention schedule for school districts, published by the Commissioner of Education, shall serve as the list by subject matter of all records in the possession of the school district, whether or not available under the law. The Superintendent or his/her designee, in consultation with the Records Management Officer, shall develop and disseminate department-specific guidance so that staff can implement this policy and regulation.

VII. Litigation-Hold

The Superintendent will designate a “discovery” team, comprised of the school attorney, director of technology, the Records Access and Records Management Officer and other personnel as needed. The discovery team will convene in the event that litigation is commenced to plan to respond to the request for records. The Superintendent, with assistance from the director of technology, will ensure that measures are put in place to preserve applicable records.

Reviewed April 29, 2014

1120-E.1 Access to School District Records Exhibit – Subject Matter List

Records Generally Available For Public Access Subject To Their Status Under N.Y.S. FOIL:

1. Education Law of the State of New York.
2. Approved minutes of meetings of the Board of Education.
3. Election records:
A. Petitions of candidates for board of education seats.
B. Voting machine rolls and tabulations (rolls available for 12 hours after polls close).
C. Register of voters.
4. Policies of the Board of Education and Administrative Regulations of the Superintendent.
5. Financial Records:
A. Annual budget of the school system.
B. State and federal aid claims and claim approvals.
C. Applications and awards of fund grants from state and federal public agencies and private foundations.
D. School tax rolls.
E. Annual salaries of employees.
F. Bid tabulations, bid awards, and bid specifications.
G. Purchase orders and warrants.
H. Reports of the treasurer of the school district.
I. Reports of internal auditor, certified public accountant, and state auditors.
J. Contracts for capital construction and improvement.
K. Service contracts.
L. Insurance policies.
M. Records of legal actions and judgments.
N. Leases of facilities or equipment and lease agreements.
6. Employee Records:
A. Negotiated contracts with employee units.
B. Roster of employees of the school district.
C. Staff deployment charts.
7. Instructional Program and Curriculum Records:
A. NYS syllabi or state-prescribed courses of study.
B. Guilderland Central Schools courses of study.
C. Tabulation of required curricula for students.
D. Commissioner’s Regulations and instructional directives and communications from NYSED.
E. Reports and recommendations to the superintendent or board of education from staff or citizen study committees.
F. Regulations and directives of the U.S. Office of Education or other federal agencies pertaining to schools.
G. Reports of evaluations by state agencies or private consultants of Guilderland Central School’s instructional programs or pupil services.
H. Tabulations and analysis of pupil testing.
I. Approved textbooks and library books in use.
8. School Facilities Records:
A. Records of public use of buildings and charges (current and previous school year only).
B. Fire inspection reports.
C. Health department inspection reports.
9. Pupil Records:
A. Census of school age and pre-school children.
B. District’s attendance report.

Records Generally Not Available For Public Access Subject To Their Status Under NYS FOIL:

7. Instructional Program and Curriculum Records:
A. NYS syllabi or state-prescribed courses of study.
B. Guilderland Central Schools courses of study.
C. Tabulation of required curricula for students.
D. Commissioner’s Regulations and instructional directives and communications from NYSED.
E. Reports and recommendations to the superintendent or board of education from staff or citizen study committees.
F. Regulations and directives of the U.S. Office of Education or other federal agencies pertaining to schools.
G. Reports of evaluations by state agencies or private consultants of Guilderland Central School’s instructional programs or pupil services.
H. Tabulations and analysis of pupil testing.
I. Approved textbooks and library books in use.
8. School Facilities Records:
A. Records of public use of buildings and charges (current and previous school year only).
B. Fire inspection reports.
C. Health department inspection reports.
9. Pupil Records:
A. Census of school age and pre-school children.
B. District’s attendance report.

2. Pupil Records (Subject to the provisions of F.E.R.P.A., FOIL, and Policy 5500):
3. School Facilities Records:
A. Blueprints, detailed drawings, site plans of schools (for security reasons).

Reviewed March 13, 2001
Reviewed April 29, 2008
Reviewed April 8, 2014

1120-E.2 Access to School District Records application for Public Access to Records

[Note to the public {for use on district website}: This form’s language is optional but may enhance your use of the Freedom of Information Law. You may choose to utilize certain portions that are most applicable to your request. You may cut and paste the entire form into a new e-mail, read all provisions, and delete and/or modify those that do not apply. The subject line of your request should be “FOIL Request”.]

{Include district mailing address/e-mail address, as appropriate}
Dear Records Access Officer:

1. Please e-mail/mail the following records if possible [include as much detail about the record as possible, such as relevant dates, names, descriptions, etc.]:
2. Please inform me of the appropriate time during normal business hours for inspecting the following records prior to obtaining copies [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.]:
3. Please inform me of the cost of providing paper copies of the following records [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.].
4. If all the requested records cannot be e-mailed/mailed to me, please inform me by e-mail/mail of the portions that can be e-mailed/mailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).
5. If the requested records cannot be e-mailed/mailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a CD or floppy disk.
6. If my request is too broad or does not reasonably describe the records, please contact me via
e- mail/mail so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated. If it is necessary to modify my request, and an e-mail/mail response is not preferred, please contact me at the following telephone number:

If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and e-mail address of the person or body to whom an appeal should be directed.
Name:
Address [if records are to be mailed]:

Reviewed April 8, 2014

News Media Relations

The Board of Education encourages the participation of all media forms in promoting the cause of good education within the district and elsewhere. The Board is open to suggestions and advice from representatives of the media as to how best to facilitate the flow of information to them from the Board and others within the school system.

The Board President is designated as the spokesperson for the Board when the Board is making a statement on an issue.

The Superintendent of Schools is designated as the spokesperson for the district.

All staff intending to release information to the media should first notify the Superintendent. The Superintendent of Schools shall establish all necessary procedures to govern day-to-day interactions between the schools and the news media.

Adopted April 25, 1995
Revised and Adopted June 6, 2011
Reviewed and Adopted July 1, 2015

1145 Advertising Materials and Announcements

As a service to parents and children, the Guilderland School District does permit notices to be sent home with children about various activities and events taking place in our community and at times, outside school district boundaries. Such information includes but is not limited to little league, girls’ softball, and other sports related programs; local arts and crafts activities; opportunities in the Town of Guilderland; and a variety of cultural events in the Capital Region. Documents or flyers are distributed via backpack mail predominantly at the elementary school level. The documents must clearly state, in writing, that the activity, event or program is not affiliated with or endorsed in any way by the Guilderland Central School District.

With advanced approval from the superintendent of schools or designee, information concerning activities, events, programs and other opportunities of interest to children and their families in the Guilderland Central School District may be distributed to students provided that the activity, event, program or opportunity is conducted or sponsored by an agency of federal, state or local government, or by a not-for-profit group that can furnish documentation as a nonprofit organization by the Internal Revenue Service. Also, the Superintendent may request additional information concerning the governance structure and/or mission of the organization. The Superintendent has discretion to determine that the requested public notice is consistent with the mission of the Guilderland Central School District.

The agency or organization seeking to distribute information to students in district schools must provide sufficient copies of the document; the District will not make copies for this purpose.

The Guilderland Central School District retains the right to withdraw approval of material from any source if it is determined that distribution would undermine the intent of this policy or cause disruption in the school.

The Superintendent is directed to develop and implement the necessary regulations to ensure that this policy is implemented throughout the school system.

Adopted: November 30, 2004
Reviewed May 27, 2008
Revised and Adopted October 4, 2011
Revised and Adopted January 6, 2015

1145-R Advertising Materials and Announcements Regulations

The purpose of this regulation is to provide guidelines for the approval and distribution of advertising materials and/or announcements sent home predominantly with students in the elementary grades, K-5.

1. School related notices sent to parents will be given the highest priority and may necessitate that non-school related flyers be withheld at any given time. The District reserves the right to limit the number of flyers in a given week. Information from outside groups can be sent home, starting with the second week of school.
2. Information from not-for-profit organizations will be considered for distribution as long as the main focus is on services or activities for children. A not-for-profit group must be able to furnish Internal Revenue Service nonprofit documentation if requested by the Superintendent’s office. Also, the Superintendent may request additional information concerning the governance structure and/or mission of the organization. The Superintendent has discretion to determine that the requested public notice is consistent with the mission of the Guilderland Central School District.
3. All information must be submitted to the superintendent’s office for prior approval. Requests must be submitted at least one week in advance of the suggested distribution date. Photocopying should not occur until approval from the superintendent’s office is received in case changes are necessary.
4. Other than PTA entities, Guilderland Music Parents and Friends, and athletic booster club sponsored activities which must be prominently titled, all flyers must include the following statement in a box format.

This flyer is being distributed by the Guilderland Central School District as a community service to students and parents for information purposes only. This program is not affiliated with nor endorsed in any way by the Guilderland Central School District.

5. Upon approval by the superintendent, the responsibility for photocopying must be assumed by the organization requesting distribution. Packets must be separated in groups of 25 and delivered to each elementary school’s main office.

6. The intent of requesting to distribute any flyer as part of backpack mail is for notification purposes only. Information shall be limited to the date, time, place, program description, etc. No promotional incentives (e.g., free tickets to an amusement park, admission to a sporting event if accompanied by a paid adult admission, etc.) may be included either as part of or as an attachment to an informational flyer. Similarly, no policy or statement presenting a viewpoint or which takes a position on an issue will be permitted.
7. These guidelines apply to K-5 buildings primarily. Requests for flyers to be sent home with middle school and high school level students are less likely to be approved by the superintendent because coordination and the distribution of such information is very difficult. However, such material can be posted if appropriate.
8. Informational materials or announcements from any other organization may be approved by the superintendent for display only (not for distribution directly to students) if the activity or event concerns one of the following topics:
a) Education services directly related to the school system’s instructional program, such as test preparation courses and enrichment courses.
b) Student health, safety or welfare.
c) Community sports, professional, or semi-professional teams.
d) Other organizations as determined by the Superintendent of Schools and not identified above.
9. The Guilderland Central School District retains the right to withdraw approval of material from any source if it is determined that distribution would undermine the intent of this policy or cause disruption in the school.

Reviewed November 30, 2004
Reviewed April 29, 2008
Reviewed October 4, 2011
Reviewed January 6, 2015

1150 School Budget and Bond Referenda Information

The annual district budget shall be submitted for voter approval as required by law. Any voter-presented propositions shall be submitted in accordance with the procedure specified by law and district policy. The resubmission of any defeated budget or the submission of any propositions by the Board of Education will be done at the discretion of the Board as permitted by law.

The Superintendent of Schools shall approve all information regarding district expenditures submitted to the district voters for approval. Any document, newsletter, advertisement or other communication prepared and/or distributed at district expense shall be factual in nature to the best of the Superintendent’s knowledge, and shall not exhort district voters to vote to approve or disapprove any matter submitted for voter approval.

Adopted April 25, 1995
Revised and Adopted February 14, 2012

1220 Relations with Community and Business Organizations

The Board of Education recognizes the potential benefits of community and business partnerships with school districts. The Board and district staff shall seek to maintain regular interaction with community and business leadership, both on a formal and informal basis.

Adopted April 25, 1995
Revised and Adopted February 14, 2012
Adopted January 31, 2017

1222 Relations with Booster Organizations

The Board of Education recognizes that extracurricular support groups, or “booster” organizations, provide important support to district schools, and can be a valuable means of stimulating community interest in the aims and activities of district schools. Booster organizations may be defined in two ways:

1. an organization which is created to foster community support and raise funds for a specific extracurricular activity (e.g., athletics, speech and debate, and/or musical groups); or
2. an organization which is created to foster community support and raise funds for the school’s general extracurricular program.

Parents and other interested members of the community who wish to organize a booster club for the purpose of supporting a specific school program are encouraged to do so, as long as the activities of such organizations do not interfere unduly with the total educational program, or disrupt district operations in any way. The Superintendent of Schools is directed to establish guidelines.

The Board retains final authority on all activities which have an impact on students, the schools, school programs, and/or school-owned property.

Adopted April 25, 1995
Revised and Adopted February 14, 2012
Adopted March 7, 2017

1230 Public Participation at Board Meetings

The Board of Education encourages public participation at its meetings and recognizes its responsibility to hear public comment. There will be two specific agenda items at each regular Board meeting to provide an opportunity to address the Board. An acknowledgment of the public comment, either orally or in writing, will be provided as appropriate after the meeting. As a matter of practice, the Board of Education does not engage in dialogue during the public comment period.

Although the Board of Education welcomes comments about programs offered by the district and the efforts of its staff, the Board expressly prohibits public comment on any matters which are properly the subject of an executive session pursuant to Public Officers Law §105, which includes specific matters relating to individual employees and/or students. Persons who desire to speak to the Board about such matters, should request an Executive Session in a letter to the Board President, briefly outlining the issue to be discussed. Granting such requests will be at the discretion of the Board of Education.

Persons wishing to speak under the “Public Comment” section will then be recognized by the President, and asked to identify themselves and any organization they may be representing at the meeting. In general, comments should not exceed three to four minutes and should relate to school matters.

A reasonable period of time, up to approximately 20 minutes, shall be set aside during the first part of each regular Board meeting so that taxpayers, community members, school personnel, and students may express themselves directly to the Board. A second public comment period generally lasting no more than 10 minutes will be included later in the agenda, immediately preceding Board Discussion. Time limits may be waived by a majority vote of the Board. Prior to addressing the Board of Education, the prescribed sign-up form (see 1230 Exhibit) must be completed and submitted to the district clerk.

The President is responsible for the orderly conduct of the meeting and shall rule on such matters as the time to be allowed for public comment, the appropriateness of the subject being presented, and the suitability of the time for such a presentation. The Board as a whole shall have the final decision in determining the appropriateness of such rulings.

Adopted September 9, 2003
Revised, Adopted November 1, 2011
Revised, Adopted May 7, 2013
Revised, Adopted October 24, 2017

1230-E Public Participation at Board Meetings- Sign-up Form Exhibit

The Board of Education encourages public participation at its meetings and recognizes its responsibility to hear public comment. An acknowledgment of the public comment, either orally or in writing, will be provided as appropriate after the meeting. As a matter of practice, the Board of Education does not engage in dialogue during the public comment period. There will be two opportunities at each regular Board meeting for public comments to be heard.

Although the Board of Education welcomes comments about programs offered by the district and the efforts of its staff, the discussion of matters relating to specific individuals is expressly prohibited. Persons who desire to speak to the Board about such matters, should request an Executive Session in a letter to the Board President, briefly outlining the issue to be discussed. Granting such requests will be at the discretion of the Board of Education.

Public Participation at Board Meetings sign-up form

Reviewed September 9, 2003
Revised and Reviewed April 23, 2013

1400 Public Complaints

The Board of Education recognizes the right of community members to register individual or group concerns regarding instruction, district programs, materials, operations, and/or staff members.

The Board believes that concerns and grievances are best handled and resolved as close to their origin as possible and that the staff should be given every opportunity to resolve problems prior to Board involvement. Therefore, the proper channeling of concerns will be as follows:

1. Teacher or staff member,
2. Principal,
3. Superintendent of Schools, and
4. Board of Education.

Exceptions will be made only when complaints concern Board action or Board operations. In addition, the Board will not act on complaints that have not been explored at the appropriate level.

All matters referred to the Board must be in writing. Concerns registered directly to the Board as a whole or to an individual Board Member shall be referred as soon as is reasonably possible to the Superintendent for investigation, report, and/or resolution. Board Members will refrain from expressing any judgment until such matter is submitted to the entire Board for action or resolution.

Adopted June 20, 1995
Adopted January 18, 2011
Reviewed and Adopted July 1, 2015

1410 Complaints About Policies

Complaints about Board of Education policies should be directed to the Superintendent of Schools. Complaints shall be in writing, stating the specific objections to the specific policy(ies).
The Superintendent shall review any complaint and conduct whatever study or investigation he/she deems appropriate. The Superintendent shall then submit the complaint and his/her recommendation to the Board. The Board shall then review the policy, amend or repeal the policy, if appropriate, and notify the complainant of the action taken.

Adopted June 20, 1995
Adopted January 18, 2011
Reviewed and Adopted July 1, 2015

1420 Complaints About Curricula or Instructional Materials

The Board of Education recognizes its responsibility for the purchase of instructional materials. The Board encourages district teachers and administrators to select books and other materials in accordance with sound educational principles and practices and to use them effectively in the classrooms. However, the Board also recognizes the right of community members to voice concerns and/or complaints regarding the implementation of a particular curriculum and/or instructional material.

Procedure
All complaints concerning textbooks, library books and other instructional materials, shall be submitted to the building principal. The Superintendent of Schools shall create regulations establishing a complaint procedure which shall include:

1. An opportunity for an informal conference between the teacher and the aggrieved party.
2. If the informal conference does not resolve the issue, the complainant will file with the building principal his/her protest in writing by completing the Request for Reconsideration of Curricula or Instructional Materials.
3. Upon receipt of the completed form, the principal will convene a Review Committee for his/her school.
4. The Committee shall consist of:

assistant superintendent for instruction;
a teacher not directly involved;
a librarian from that school;
the principal; and
two parents selected by the building’s PTA.

5. The parties shall be present at the initial meeting of the Committee to present their cases to the Committee.
6. The Committee shall consider the evidence, make a determination and inform the parties of their decision. (1)
7. If either party is not satisfied with the decision, an appeal may be made to the Superintendent of Schools.
8. If either party is not satisfied with the Superintendent’s decision, the matter may be appealed to the Board of Education.

(1) In the event that the committee finds merit in the argument that material should be removed, it would forward a report of their understanding and recommendation to the Superintendent and the Board of Education and they would mutually agree to a solution. The Board of Education has the final authority.

Adopted April 8, 1997
Revised and Adopted January 26, 1999
Revised and Adopted January 18, 2011
Reviewed and Adopted July 1, 2015

1500 Public Use of School Buildings and Grounds

The Board of Education encourages the greatest possible use of school buildings and grounds for community activities. All such use should pertain to the general welfare of the school and/or community, in compliance with Education Law. Any such use, however, shall not be deemed an endorsement of the activity or purpose for which the facilities are used.
The school buildings and grounds are maintained for the education and recreation of students in the district, and no use shall be made of the buildings or grounds while school is in session. All uses of school buildings and grounds shall be consistent with Section 414 of the Education Law.
Groups wishing to use the school facilities must secure written permission from the Superintendent or his/her designee and abide by the rules and regulations established for such use (see 1500-R). Organizations which have secured approval to use the district’s facilities and/or grounds will pay usage fees based on rates adopted by the Board of Education.

Adopted June 20, 1995
Revised February 26, 2002
Revised and Adopted January 18, 2011
Revised, Adopted October 24, 2017

1500-R Public Use of School Buildings and Grounds Regulation

I. Objective

The Guilderland Central School District intends to maximize the use of its facilities during non-school hours. We are desirous that school sponsored programs and activities and members of the community be accommodated in their needs for school facilities. We hope the following guidelines will encourage and facilitate the use of our schools by staff and community.

A. Use of a school property must be approved by the Superintendent of Schools or his designee.
Requests for use of school property should be received at least two weeks in advance of the date use is desired. Such requests must be in writing and signed by a responsible administrative officer of the community organization.

B. In accordance with the provisions of Section 414 of the Education Law, community groups and organizations may use school district facilities for the following purposes.

1. For instruction in any branch of education.
2. For holding social, civic and recreational meetings and entertainments; however, such uses shall be non-exclusive and shall be open to the general public.
3. For occasions where admission fees are charged when the proceeds are to be used for an educational or charitable purpose; but such use shall not be permitted if such occasions are under the exclusive control, and the proceeds are to be applied for the benefit of, an organization or a religious sect or denomination, or of a fraternal, secret or exclusive organization other than organizations of veterans or armed forces of the United States and organizations of volunteer firemen.

C. All uses must be for social, civic, educational, cultural, or recreational meetings and entertainment or other such purposes pertaining to the welfare of the community and shall be non-exclusive and open to the general public.
D. The Board of Education requires all users to provide the school district, prior to each use, with a certificate of insurance providing liability coverage for each use in an amount determined by the Board of Education. Any damages caused during use of the facilities will be paid by the user. (See Insurance Guidelines.)

E. When qualified under Section B-2 and B-3 above:

1. Community groups and organizations of the nature referred to below may use the school district premises without charge, except for custodial expenses as stated in Section O below:

  • Parent-Teacher Assn.
  • Library Organizations
  • 4-H
  • Civic Forums
  • Girl Scouts
  • Boy Scouts
  • Home Bureau
  • District Employee Associations
  • Veterans Organizations and Auxiliaries
  • Volunteer Fire Companies and Auxiliaries
  • Red Cross
  • Guiderland Youth Activities
  • Town of Guilderland Senior Citizens Groups

2. School related organizations such as Booster Club, Music Parents Association, Extra-curricular Clubs, Class Organizations, Guilderland Players, etc., may use school district facilities without incurring any charges for such facilities and staff related to utilizing the facility.
3. Other qualified community groups and organizations which present a program of high moral standard to the general public and which charge an admission fee, may use school premises upon payment of the fees and charges established by the school district.

F. The Board of Education specifically reserves the right to revoke any permit granted to any user without prior notice to such user. In the event of such a revocation, the reasons thereof shall be stated to the user in writing.
G. Nothing contained herein shall be construed to require the Board of Education to authorize the use of its facilities or grounds to any user who may otherwise qualify hereunder, if the said Board determines, in an exercise of its discretion that such user has previously violated or is likely to violate said school district’s “Rules and Regulations for the Maintenance of Public Order” or the rules and regulations herein contained relating to the use of school facilities and/or grounds.
H. Fee Schedules:

Any group (expected to pay fees), utilizing district facilities, will enter into an agreement with Guilderland Central School District and pay the school district in compliance with a published schedule of fees for room use, field use, and custodial charges. The list of fees will be available upon request. A “special events fee” may be negotiated when multiple-day and/or multiple facilities use is requested.
All users shall pay the school district, no later than thirty (30) days after billing, an amount determined by the Board of Education as being the reasonable expense incurred by the school district as such relates to each use. Advance payments and/or security deposits may be required.

I. School District facilities may not be used by:

Political organizations.
Subversive organizations.
Religious groups for denominational services or gatherings. Secret or fraternal organizations.
Persons or organizations for private profit.

J. Use of school property by community organizations shall be in conformity with the policy covering Public Conduct on School Property (#1520) adopted by this Board of Education, a copy of which along with this policy, shall be delivered to the officer responsible for each community group use prior to approval of the Property Use Permit.
K. Parking: Parking in No Parking areas is not permitted.
L. Use of School Equipment: Organizations using the building are expected to respect the furnishings and equipment of the school. While the school will cooperate with all organizations, certain pieces of equipment such as athletic and audio-visual equipment cannot be used without specific permission of the building principal.
M. Power Equipment: Power equipment in the kitchen will not be used without specific permission of the School Lunch Manager or designee. When it is necessary to employ cafeteria personnel to operate the equipment, the organization using the building must bear the cost.
N. Smoking: Smoking (including the use of e-cigarettes) on district property is not permitted.
O. The use of fireworks is prohibited on school grounds.
P. Custodians: At least one custodian of the school shall be in attendance whenever a school is used by a community organization. The organization shall pay any extra expenses so entailed.

II. Priority Use of Buildings

Priority A – Use of Individual Buildings:
Individual building activities must first be satisfied within that building before outside requests are accommodated.

1. Building staff needs for instructional programs, student and adult classes.
2. Building staff needs for extra-curricular programs (activity periods, clubs, plays, etc.).
3. Building staff needs for extra-curricular programs beyond activity period (interscholastic athletics, clubs, plays, etc., at High School, Middle School and Elementary Schools).

Priority B – District Activities

1. Instructional programs, student and adult classes outside of its own school.
2. Extra-curricular programs beyond eighth grade (interscholastic athletics, clubs, plays, etc., outside of its own school).
3. Adult Education Program.
4. Guilderland Youth Activities.
5. Community Groups.
6. Groups outside of the community.

In order for this priority system to function, it will be necessary that all building use requirements be filed with each appropriate individual according to the following calendar. The dates represent those needs for the succeeding year.

Priority A – Aug. 1

Priority B (1 & 2) – Aug. 15

Priority B (3) – Sept. 1

Priority B (4) – Sept. 15

With reasonable advanced notice from the principal, a group given a long-range commitment to a facility can be replaced for a single date for an activity or event for school pupils or parents.

Reviewed February 12, 2002
Reviewed January 4, 2011
Revised, Reviewed October 24, 2017

1500-E.1 Request for Use of Building and Grounds – Fee Schedule

Building Use

A. Multi-Use Senior High School Gymnasium
$145.00 per hour of use with a minimum four (4) hour use charge ($580).
Maximum charge shall be $1,160 for each 24 hour period.
B. Guilderland Elementary Large Gymnasium
$175.00 per time used.
C. Senior High School East Gym & Middle School Main Gym
$200.00 per time used.
D. Other Gymnasiums
$70.00 per time used.
E. High School Auditorium
$85.00 per hour of use with a minimum of four (4) hours use charges ($340).
Maximum charge shall be $680 for each 24 hour period.
F. Middle School Cafetorium
$70.00 per hour of use with a minimum of four (4) hours use charges ($280).
Maximum charge shall be $560 for 24 hour period.
G. Classrooms
$35.00 per classroom time used.
H. Cafeterias/Elem. Cafetoriums
$115.00 per time used.

Grounds Use

Any adult group utilizing school grounds for a continued activity such as a softball league, etc. shall be assessed a $30.00 per time used at the high school and middle school; and $25.00 per time used at the elementary schools.

Cafeteria Kitchens

An hourly rate per person based upon the labor rates below for use of kitchen. No kitchen use is permitted unless cafeteria personnel are present.

Labor Charges

Rates per hour

Type of work Custodial Cafeteria Workers
Weekdays – regular time per hour $25 $15
Overtime per hour & Saturdays $25 $22
Sundays per hour rate $45 $28
Holidays per hour rate $55 $35

Reviewed: October 20, 2009
Reviewed January 4, 2011

1510 Public Sales on School Property

The Board of Education believes that fund drives and/or materials drives should be conducted only when there is some educational benefit for the student. The administration should approve and schedule these activities so as to eliminate the possibility of many drives being conducted simultaneously.

Any fund drive must be sponsored by the school district, or a school-related organization (e.g., the Parent-Teacher Association).

Funds raised through school-sponsored activities must be deposited and accounted for in the extra-curricular fund. Accounting for funds raised by school-related groups are the responsibility of such groups.

Fund drives sponsored by the school district requiring door-to-door solicitation should be kept to a minimum and approved in advance by the Superintendent of Schools. Such drives should include a training program for the solicitors.

Soliciting Funds From Staff

No solicitor, salesman or agent shall come into any school building or upon any school property and solicit business other than school business, from any school employee. In the case of school business, he/she shall obtain permission from the Superintendent before soliciting any school employee in any building.

Adopted July 5, 2011

1530 Smoking and Other Tobacco Use on School Premises

Due to the health hazards associated with smoking, and in accordance with federal and state law, the Board of Education prohibits smoking and all other tobacco use, and use of an electronic cigarette or e-cigarette, in all school district buildings, on school grounds, and in any vehicle used to transport children or personnel. Smoking or tobacco use is also prohibited within 100 feet of all school entrances, exits and outdoor areas, except where that is a residence or residential property. “Electronic cigarette” or “e-cigarette” means an electronic device that delivers vapor which is inhaled by an individual user (including vaporizers, vapor pipes, and vape pens), and shall include any refill, cartridge and any other component of such a device.

The district’s smoking policy shall be prominently posted in each building, at designated outdoor locations on school premises (e.g. athletic fields) and in all district vehicles. The Board designates the Superintendent of Schools or his/her designee as agent responsible for informing individuals smoking cigarettes or e-cigarettes, or using tobacco unlawfully that they are in violation of Article 13-E of the Public Health Law and/or Section 409 of the Education Law and/or the federal Pro-Children Acts of 1994 and 2001. Persons in violation of this policy will be asked to stop. Students and staff may be subject to consequences outlined in the Code of Conduct, and visitors or contractors may be asked to leave school property.

Replaced, Adopted October 24, 2017

1740 Relations with Non-Public Schools

In recognition of the educational, cultural, and economic values which parochial and private schools provide to parents, citizens, and community taxpayers, the Board of Education shall make available those public school services to resident students who attend nonpublic schools as required by law and regulations.

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

Adopted June 20, 1995
Adopted January 18, 2011

1741 Home Instruction (Home Schooling)

From time to time, parents will choose to instruct their children at home. The Guilderland Central School District will attempt to cooperate with parents who wish to provide home schooling for their children realizing that the child who is educated at home should receive an education in a manner consistent with an educational plan and at least substantially equivalent to that given to students of like age and attainments in the local public schools. The required subjects should be taught in a competent, systematic, and sequential manner, specifically in relation to the required courses as enumerated in Commissioner’s Regulation Section 100.10.

Provisions and Limitations of Services to Home-Instructed Students

Home-instructed students are not awarded a high school diploma. A high school diploma may only be awarded to a student enrolled in a registered secondary school who has completed all program requirements set by the Board of Regents, the school or the District.

a) Home schooled students arc not eligible to participate in interscholastic sports.

Commissioner’s Regulations mandate that only students enrolled in the public school are allowed to participate in interscholastic sports.

Home schooled students may participate in intramurals when not related to physical education instruction (e.g. wrestling, gymnastics) and other before and after school-sponsored club activities. The District will permit home-instructed students to participate in such extra-curricular activities so long as the students can arrange for their own transportation, there is room in the program and there is no additional cost to the District. An example includes ski club, but excludes theater productions and curricular-related activities such as enrichment programs, music lessons, band, orchestra, and chorus. If students participate, they must abide by all District rules and regulations such as, but not limited to, the student Code of Conduct. The District will follow the provisions of Public Health Law Section 2164 when dealing with any health-related requirements. Parents of home schooled children must contact the appropriate building principal if they desire to pursue any of the above listed opportunities so that all of the necessary details are in place.

In addition, home schooled students may at times attend with a parent, general school-wide activities in the elementary school of their attendance zone, middle school, and high school. Examples include learning or cultural fairs, PTA sponsored events, book fairs, monthly or special school or grade level assemblies. School officials are not obligated to notify families of the availability of special programs and activities other than through the usual channels of communications such as school newsletters.

b) The District is not required to loan available textbooks and other materials (e.g., library materials, microscopes, computer software, movie projectors). However, the District may provide such textbooks and other materials to the extent available to home-instructed students.

c) The Guilderland Central School District does not furnish health services and is not required to do so.

d) The District is not responsible for providing remedial programs.

e) The District shall not make available to home-instructed students occupational and vocational education programs (career and technical education programs) and
programs for gifted students.

f) The District shall offer a home-instructed student with disabilities the special education services as addressed in the approved Individualized Education Program (IEP) by the Committee on Special Education. However, there is no requirement that such services be provided in the student’s home. Further, the District shall conduct a census and register students with disabilities who reside in the District in accordance with Education Law and Commissioner’s Regulations.

g) Upon request at least ten (10) days prior to the scheduled test date (by contacting the superintendent’s office), home-instructed students may take certain grade 3-8 or Regents exams on school premises with Guilderland students. Exempted from such a list are those courses requiring the completion of minimum laboratory activities (e.g., earth science, biology, chemistry, physics).

h) Except as otherwise indicated in this policy, students instructed at home shall not be allowed to use school facilities.

Primary responsibility for determining compliance with Commissioner’s Regulations addressing home instruction rests with the Superintendent of Schools in which a home-instructed student resides.

Adopted January 9, 2007
Revised and Adopted June 18, 2013

1741-R Home Instruction (Home Schooling) Regulations

Parents’ Responsibilities

1. Notification

Parents or persons in parental relation to a student of compulsory school attendance age, who are residents in this district, shall annually provide written notice to the Superintendent of Schools of their intention to educate their child at home by July 1st of each school year. If such instruction is to begin after the start of the school year, parents must provide such written notice within fourteen (14) days after beginning such instruction within the district.

2. Individualized Home Instruction Plan (IHIP)

Within ten (10) days of receipt of the above-mentioned notice, the district will send to the parents a copy of §100.10 of the Regulations of the Commissioner, and a form on which to submit an individualized home instruction plan (IHIP). One such IHIP must be submitted for each child of compulsory attendance age who is to be taught at home. The IHIP forms must be submitted to the district office within four (4) weeks of receipt. If requested, the district will provide assistance in preparing the forms.

Each child’s IHIP will contain:
a. the child’s name, age, and grade level;
b. a list of the syllabi, curriculum materials, textbooks, or plan of instruction to be used in each of the required subjects listed below;
c. the dates for submission to the school district of the parents’ quarterly reports; and
d. the names of the individual(s) providing instruction.

3. Determination of compliance/noncompliance
The Superintendent of Schools shall review each IHIP, and notify the parents within ten
(10) business days of receipt as to whether the forms comply with the requirements listed in (2) above, or if there is any deficiency. The district will provide written notice of such deficiency(ies). Parents must submit a revised IHIP, correcting any deficiency(ies), within 15 days of such notice.

4. Appeals

If the IHIP is determined not to be in compliance, written notice of noncompliance
(including the reasons for such determination) shall be sent to the parents. This notice will contain the date of the next regularly scheduled meeting of the Board, and inform parents that if they wish to contest the determination of non-compliance, they must notify the Board at least three (3) business days prior to the meeting. At the Board meeting, the parents have the right to present proof of compliance, and the Board shall make the final determination of compliance/noncompliance.

Parents have the right to appeal the final determination of the Board to the Commissioner of Education within 30 days of receipt of such determination.

If parents do not contest the determination of noncompliance by either the administration or the Board, or if the Commissioner of Education upholds the final school district determination of noncompliance, then the parents must immediately provide for the instruction of their children in a public school or elsewhere in compliance with Education Law §§3204 and 3210.

5. Required courses
Instruction in the following subjects shall be required:
a. For grades one through six: mathematics, reading, spelling, writing, the English language, geography, United States history, science, health education, music, visual arts, physical education, bilingual education and/or English as a second language where the need is indicated.
b. [For the purposes of this and the following subdivisions, a unit means 6480 minutes of instruction per school year.]

For grades seven and eight: English (2 units); history and geography (2 units); science (2 units); mathematics (2 units); physical education (on a regular basis); health education (on a regular basis); art (1/2 unit); music (1/2 unit); practical arts (on a regular basis) and library skills (on a regular basis). The units required are cumulative requirements for both grades seven and eight.
c. The following courses shall be taught at least once during the first eight grades: United States history, New York State history, and the Constitutions of the United States and New York State.
d. For grades nine through twelve: English (4 units); social studies (4 units, which includes 1 unit of American history, 1/2 unit in participation in government, and 1/2 unit economics); mathematics (2 units); science (2 units); art and/or music (1 unit); health education (1/2 unit); physical education (2 units); and 3 units of electives. The units required are cumulative requirements for grades nine through twelve.

e. All other subjects mandated by the Education Law to be covered during grades
K- 12.

6. Attendance requirements
Each child shall attend upon instruction as follows:
a. The substantial equivalent of 180 days of instruction shall be provided each year.
b. The cumulative hours of instruction for grades 1-6 shall be 900 hours per year. The cumulative hours of instruction for grades 7-12 shall be 990 hours per year.
c. Absences shall be permitted on the same basis as provided in policy 5100, Comprehensive Attendance, and in the Regulations of the Commissioner and the Education Law.
d. Records of school attendance shall be maintained by the parent and shall be made available to the school district upon request.
e. Instruction provided at a site other than the primary residence of the parents shall be provided in a building which has not been determined to be in violation of the local building code.

7. Quarterly reports

On or before the dates specified in the IHIP, parents must furnish the district with a quarterly report for each child receiving instruction at home. Such report shall contain the following information:
a. the number of hours of instruction during the quarter;
b. a description of material covered in each subject listed in the IHIP;
c. either a grade for the child in each subject or a written narrative evaluating the child’s progress; and
d. in the event that less than 80% of the amount of the course materials as set forth in the IHIP has been covered in any subject for that quarter, a written explanation.

8. Annual assessment

Parents must submit an annual assessment at the time of filing their fourth quarterly report. Such annual assessment shall include the results of a commercially published norm-referenced achievement test which meets the requirements outlined in §100.10(h) of the Regulations of the Commissioner. Such test will be provided by the school district upon request. An alternative form of evaluation may be permitted if it meets the requirements outlined in §100.10(h) of the Commissioner’s Regulation.

The test will be administered at the public school, by its professional staff, or at a registered nonpublic school, by its professional staff, provided that the consent of the chief school officer of such nonpublic school is obtained. The test may be administered at a nonregistered nonpublic school by its professional staff, with the prior consent of both the public school Superintendent and the chief school officer of the nonpublic school.

If the test is to be administered at the parents’ home or any other reasonable location, by a New York State certified teacher or another qualified person, the Superintendent must consent to having such person administer the test. The cost of any testing facilities, transportation, and/or personnel for testing conducted at a location other than the public school shall be borne by the parents.

The test shall be scored by the persons administering the test or by other persons who are mutually agreeable to the parents and the Superintendent. A student’s score shall be deemed adequate if he/she has a composite score above the 33rd percentile on national norms, or if his/her score reflects one academic year of growth as compared to a test administered during or subsequent to the prior school year. If a score on the test is determined to be inadequate, the home instruction program shall be placed on probation.

Probation

If a child’s annual assessment fails to comply with the above requirements, the home instruction program shall be placed on probation for a period of up to 2 years. The parent(s) must submit a plan of remediation which addresses the deficiencies in the child’s achievement. The plan will be reviewed by the Superintendent, who may require the parent(s) to make changes prior to acceptance.

The program will be removed from probation only if, after the end of any semester of the probationary period, the child has progressed to the level specified in the remediation plan. If the child does not attain at least three-quarters (75%) of the objectives specified in the remediation plan at the end of any given semester, or if after 2 years of probation 100% of such objectives have not been satisfied, the program will be deemed not in compliance. The Superintendent shall then serve written notice of noncompliance as specified in (3) above.

10. Home visits by the Superintendent

If during the period of probation the Superintendent has reasonable grounds to believe that the home instruction program is in substantial noncompliance with this policy and/or regulation, the Superintendent may require one or more home visits. Following the third day of receipt of a written notice to the family such visits will take place. The purpose of such visit(s) will be to ascertain the areas of noncompliance and to determine methods of remediating any deficiency(ies). The home visits shall be conducted by the Superintendent or his/her designee; the Superintendent may include members of a home instruction peer review panel as part of a “home visit team.”

Reviewed December 12, 2006 Revised and Reviewed May 28, 2013

1800 Donations, Gifts and Grants to the District

Unsolicited Gifts and Donations From the Public

The Board of Education welcomes and appreciates gifts and donations from the public. Gifts and donations of money, property, equipment and materials may be accepted by the Board. This policy does not cover personal gifts to staff. See policy 2160, Code of Ethics, for guidance on that issue.
The Board reserves the right to refuse to accept any gift which does not contribute towards the achievement of the district’s goals, or the ownership of which would deplete the resources of the district. In accepting or rejecting gifts and donations, the Board will review the following factors:

1. The terms of the gift must identify:
a. the subject of the gift;
b. the purpose of the gift;
c. the beneficiary or beneficiaries if any; and
d. all conditions or restrictions that may apply.
2. The gift must not benefit a particular or named individual or individuals.
3. If the purpose of the gift is an award to a single student, the determination of the recipient of such award shall be made on the basis that all students shall have an equal opportunity to qualify for it in conformance with federal and state law. Persons giving scholarship or award funds may specify in general terms the type of student or area of achievement or service to be recognized by the scholarship or award. Student recipients of scholarships, prizes, or awards shall be selected by the faculty-parent scholarship committees.
4. If the gift is in trust, the obligation of the investment and reinvestment of the principal shall be clearly specified and the application of the income or investment proceeds shall be clearly set forth.
5. No gift or trust will be accepted by the Board unless:
a. it is in support of and a benefit to all or to a particular public school in the district; or
b. it is for a purpose for which the school district could legally expend its own funds; or
c. it is for the purpose of awarding scholarships to students graduating from the district.

The name of the donor may become a permanent part of the name of the scholarship, award, prize gift or physical facility.
Any gift rejected by the Board shall be returned to the donor or his/her estate within 60 days together with a statement indicating the reasons for the rejection of such gift.

Soliciting and Accepting Gifts, Grants or Donations

Prior to seeking any grant or donation, the applicant must obtain prior approval from the district. Teachers seeking grants or donations for their classroom must obtain approval from the Building Principal. Other staff or administrators seeking grants or donations to benefit an entire school or the district as a whole must obtain approval from the Superintendent or his/her designee. Grant applications for funding of more than $1,000 require prior approval by the Board of Education.
Approval shall depend on factors including, but not limited to: compatibility with the district’s educational program and standards; availability of existing district resources; whether ownership would deplete district resources; and its impact on the equitable distribution of district resources.
All grants and donations must benefit the district and be congruent with the following principles:

1. The district’s mission, vision, core values and beliefs.
2. The district and school goals that positively impact student performance.
3. The district’s instructional priorities and strategies.
4. Equity in funding.
5. Conform to district governance and decision-making procedures of the Board, central office and building-level staff.
6. Provide a value or benefit that is greater than the obligation under the grant award.
7. Not violate management and/or bargaining unit rights and responsibilities.
8. Not carry any conditions that would divert school or district efforts away from the district’s primary mission.

The Board reserves the right to deny approval of solicitation of any funding or grant application which does not contribute towards the achievement of the district’s goals, or which would deplete the resources of the district. The Board may approve seeking grants which require a match of district funds or resources when the initiative has been identified as a priority by the Board and when such funds are planned as part of the district budget process or can be accommodated by the current budget.

Accounting for, and Oversight of, all Donations, Gifts, and Grants

All gifts, donations, grants, funds, property, and materials received by the district become the property of the district. Such items may not be returned without the approval of the Board. All items are subject to the same controls and regulations as other district property, and shall be deposited or inventoried accordingly.

The Board shall receive a report annually of all gifts, donations, grants, funds, property, and materials received by the district during the school year, and where each was used, excluding scholarships. The Board shall properly account for all district resources and to monitor the distribution of those resources to minimize disparities between schools within the district.

Adopted December 8, 2015

1810 Gifts to School Personnel

No district officer or employee shall directly or indirectly receive any gift having a value of seventy-five dollars ($75) or more, whether in the form of money, services, loans, travel, entertainment, hospitality, etc.,or any gift,underany circumstances in which it could reasonably be inferred that the gift was intended to influence the performance of his/her duties. However, the Board of Education welcomes the writing of letters or notes to staff members expressing gratitude or appreciation.

Nothing herein should be construed as prohibiting the traditional exchange of holiday gifts provided discretion is used to ensure that gifts of value are not accepted by staff employees or officers. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

Adopted June 20, 1995
Revised and Adopted February 14, 2012

1900 Parent Involvement

The Board of Education believes that positive parental involvement is essential to student achievement, and thus encourages such involvement in school educational planning and operations. Parental involvement may take place either in the classroom or during extra-curricular activities. However, the Board also encourages parental involvement at home (e.g., planned home reading time, informal learning activities, and/or homework “contracts” between parents and children). The Board directs the Superintendent of Schools to develop a home-school communications program in an effort to encourage all forms of parental involvement.

Title I Parental Involvement – District Level Policy

Consistent with the parent involvement goals of Title I, Part A of the federal No Child Left Behind Act of 2001 (NCLB), the Board of Education will develop and implement programs, activities and procedures that encourage and support the participation of parents of students eligible for Title I services in all aspects of their child’s education. The Board also will ensure that all of its schools receiving Title I, Part A funds develop and implement school level parental involvement procedures, as further required by federal law.

For purposes of this policy, parental involvement refers to the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities. At a minimum, parental involvement programs, activities and procedures at both the district and individual school level must ensure that parents:

• Play an integral role in assisting their child’s learning;
• Are encouraged to be actively involved in their child’s education at school; and
• Are full partners in their child’s education and are included, as appropriate, in decision-making and on advisory committees to assist in the education of their child.

The term parents refers to a natural parent, legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare).

District and school level Title I parental involvement programs, activities and procedures will provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, and parents of migratory children.

As further required by federal law, parents of students eligible for Title I services will be provided an opportunity to participate in the development of the district’s Title I plan, and to submit comments regarding any aspect of the plan that is not satisfactory to them. Their comments will be forwarded with the plan to the State Education Department.

Parent participation in development of district wide Title I plan

The Board, along with its superintendent of schools and other appropriate district staff will ensure parent involvement in the development of the district wide Title I plan by holding planning meetings at flexible times through the day and in highly accessible locations.

Development of school level parental involvement approaches

The superintendent of schools will ensure that all district schools receiving federal financial assistance under Title I, Part A are provided technical assistance and all other support necessary to assist them in planning and implementing effective parental involvement programs and activities that improve student achievement and school performance.

Building capacity for parental involvement

To build parent capacity for strong parental involvement to improve their child’s academic achievement, the district will, at a minimum:

1. Assist parents in understanding such topics as the state’s academic content and student achievement standards, state and local academic assessments, Title I requirements, how to monitor their child’s progress and how to work with educators to improve the achievement of their child.
2. Provide materials and training to help parents work to improve their child’s academic achievement.
3. Educate its teachers, pupil services personnel, principals, and other staff in understanding the value and utility of a parent’s contributions and on how to:
• reach out to, communicate with, and work with parents as equal partners;
• implement and coordinate parent programs; and
• build ties between parents and the schools.
4. Ensure that information related to school and parent-related programs, meetings and other activities is sent to the parents of children participating in Title I programs in an understandable and uniform format, including alternative formats, upon request, and to the extent practicable, in a language the parents can understand.

Coordination of parental involvement strategies

The district will coordinate and integrate strategies adopted to comply with Title I, Part A parental involvement requirements with parental involvement strategies adopted in connection with any of the following applicable programs: Head Start, Reading First, Early Reading First, Even Start, Parents as Teachers, Home Instruction Program for Preschool Youngsters, and State-operated preschool programs.

Review of district wide parental involvement policy

The Board, along with its superintendent of schools and other appropriate staff will conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of this parental involvement policy in improving the academic quality of Title I schools, including the identification of barriers to greater participation by parents in activities under this policy, and the revision of parent involvement policies necessary for more effective involvement.

Replaced October 5, 2004
Adopted January 8, 2013

1920 Relations with Persons with Disabilities

The Board of Education is committed to providing opportunities for participation in the services, programs and activities of the district to persons with disabilities, equal to that of other persons. The district will fulfill all the requirements of federal and state law and regulation in ensuring access to persons with disabilities.

Adopted June 20, 1995
Reviewed and Adopted March 13, 2007
Adopted March 6, 2012

1925 Interpreters for Hearing Impaired Parents

The Board of Education recognizes that those district parents with hearing impairments which prevent a meaningful participation in their child’s educational program must be afforded an opportunity equal to that afforded other parents to participate in meetings or activities pertaining to the academic and/or disciplinary aspects of their child’s education. Accordingly, and pursuant to law, the school district will provide an interpreter for hearing-impaired parents for school-initiated academic and/or disciplinary meetings or activities including, but not limited to:

• Parent/teacher conferences
• Child/study or building level team meetings
• Planning meetings with school counselors regarding educational progress
• Career planning
• Suspension hearings or other conferences with school officials relating to disciplinary actions

The school district will provide an interpreter for the hearing-impaired parent if a written request for the service has been submitted to and received by the district within two (2) business days prior to the scheduled meeting or activity. If an interpreter is unavailable, the district will then make other reasonable accommodations which are satisfactory to the parents (e.g., notetaker, transcript, decoder, or telecommunication device for the deaf). These services will be made available by the district at no cost to the parents.
The Board directs the Superintendent of Schools to maintain a list of available interpreters and to develop procedures to notify parents of the availability of interpreter services, the time limitation for requesting these services, and of the requirement to make other reasonable accommodations satisfactory to the parents should an interpreter not be available.
Hearing-impaired parents are requested to submit the attached form to request accommodation of their disability.

Adopted June 20, 1995
Revised and Adopted February 14, 2012
Adopted November 20, 2012

2000 Board Operational Goals

The Board of Education, as a legally constituted body of elected representatives, bears the responsibility of setting policy for the school district. The Board acts in accordance with authority and responsibility vested in it by federal and state laws, rules, and regulations on behalf of the district’s citizens.
In order to ensure that its educational programs provide all students with a high-quality education, the Board hereby establishes as its goals:

1. to work closely with the community to ensure that Board actions and performance take into consideration the concerns and aspirations of the community;
2. to identify the educational and technological needs of the community, state, and nation, and to transform such needs into programs aimed at stimulating students and preparing them for future careers;
3. to employ a Superintendent of Schools capable of ensuring that the district maintains its position as an outstanding school system, and that school personnel carry out the policies of the Board with energy and dedication;
4. to provide leadership in order that goals of the district, as set forth by the Board, can be effectively carried out. Board action should be confined to policy-making, planning and appraisal with the Board delegating authority to the Superintendent for the implementation of policies; and
5. to evaluate the Board’s performance in relation to these goals, and to establish and clarify policies based upon the results of such evaluation.

Adopted June 20, 1995
Adopted March 6, 2012

2100 School Board Legal Status

The Board of Education is a nine-member board elected by district residents. Each member of the Board serves for three years. Normally three members are elected each year so as to ensure that the terms of office of Board members will not all expire in the same year. Board members are responsible for school district management and policy-making.
The legal status of the Board is that of a corporate body established pursuant to the laws of New York State. Any liability of the district is a liability of the Board of Education as a corporation and not that of the members of the Board as individuals.

Adopted June 20, 1995
Adopted March 6, 2012

2110 School Board Powers and Duties

The Board of Education is the governing body of the school district. The Board is entrusted with the responsibility of developing policies under which the district is managed.

The powers and duties of the Board are as stated in the Education Law and other applicable New York State law.

Complete and final authority on all district educational matters, except as restricted by law, will be vested in the Board. The Board may also enter into contracts and agreements in conformity with state law.

Adopted June 20, 1995
Adopted March 20, 2012

2110-R School Board Powers and Duties Regulations

School Visits by Individual Board Members and by Board Committee

Whenever possible, advance notice of official school visits by individual Board of Education members shall be given to the Building Principal. Unless provided with authority of the Board to represent the Board, individual Board members have no more authority than other individual citizens.

When a Board member makes such a visit to a district school, he/she must notify the Principal upon entering the building. Prior to such a visit, the Board member is encouraged to contact the Superintendent of Schools as he/she may either add some suggestions to make the Board member’s visit more meaningful or notify other Board members who might also like to observe a school program. Concerns or opinions related to the educational program in individual school buildings shall be directed to the Superintendent of Schools.

The Board shall appoint a committee of Board members to inspect district facilities annually and report its findings to the Board at its next meeting.

Access to Personnel Files

A member of the Board may review employee personnel records provided that:

1. the Superintendent is requested in advance to present the file at a regularly scheduled open meeting of the Board;
2. the file is reviewed during an Executive Session in the presence of a majority of the Board or their designee;
3. the personnel records are returned in their entirety to the Superintendent at the conclusion of the Executive Session; and
4. no reproduction of the records is made and no written notes are taken of the contents of employee personnel records.

The information contained in such records shall only be used by the Board for the purpose of aiding Board members in decisions regarding personnel employment matters, such as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal; development and implementation of personnel policies; or such other uses as are necessary to enable the Board to carry out its legal responsibilities.

Reviewed June 20, 1995
Reviewed March 20, 2012

2111 Board Member Authority

Members of the Board of Education have legal authority for the conduct of the district schools only when acting as a body in a properly convened session. Board members acting as individuals have no authority over personnel or school affairs.

Members of the Board are free to speak to individuals on these issues outside of board meetings but such public expression is not to be construed as board policy. Information from executive sessions must remain confidential at all times, unless release is appropriately authorized. The Board will not be bound in any way by any individual’s statement or action unless the Board, through an adopted policy or by a majority vote of Board membership, has delegated this authority to the individual member.

Adopted June 20, 1995
Adopted March 6, 2012

2120 School Board Elections

The elections of members of the Board of Education shall be held on the third Tuesday in May, unless due to a conflict with religious observance, the Board requests that the Commissioner approve changing the election date to the second Tuesday in May. The request is due to the Commissioner by March 1st. The polls shall be open for those hours designated by the district. The following items shall be voted upon:

1. the annual budget,
2. any vacancies on the Board of Education, and
3. any special propositions that have been properly presented.

Candidates for office shall be nominated by a petition directed to the district clerk, which is signed by at least twenty-five (25) qualified voters of the district or by two (2) percent of the number of voters in the previous annual election, whichever is greater.
Electioneering includes the display or distribution of any banner, poster, placard, button, or flyer, on behalf of or in opposition to any candidate or issue to be voted upon. Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place.

Replaced, Revised, Adopted November 1, 2016

2120.1 Candidates and Campaigning

Nominations

Candidates for the office of member of the Board of Education shall be nominated by petition. Such petition shall be directed to the District Clerk, shall contain the signatures and addresses of at least 25 qualified voters of the district or two percent of the voters who voted in the previous election, whichever is greater, and shall state the name and residence of the candidate. Each petition shall be filed with the District Clerk not later than 30 days preceding the Annual Meeting and Election at which the candidates so nominated are to be elected.
The District Clerk will supervise the procedure used to establish the order of names on the ballot. The Board may reject nominations if the candidate is ineligible or has declared an unwillingness to serve.

Reporting  Expenditures

If a candidate’s campaign expenditures exceed $500, the candidate must file a sworn statement with both the district clerk and the commissioner of education itemizing their expenditures and contributions received. The statement must list the amounts of all money or other valuable things paid, given, expended or promised by the candidate, or incurred for or on the candidate’s behalf with his or her approval.
A candidate who spends $500 or less is only required to file a sworn statement with the district clerk indicated this to be the case. No other campaign expenditure statement is required.
An initial statement must be filed at least 30 days before the election, a second statement must be filed on or before the fifth (5th) day preceding the election and a final statement must be filed within 20 days after the election.

Electioneering

Electioneering includes the display or distribution of any banner, poster, placard, button, or flyer, on behalf of or in opposition to any candidate or issue to be voted upon. Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place.

Replaced, Revised, Adopted November 1, 2016
Reviewed October 24, 2017

2120.2 Voting Procedures

Eligibility to Vote

A person shall be entitled to vote in any school district election and in all matters placed upon the official ballot, if such person is:

1. a citizen of the United States;
2. at least eighteen years of age;
3. a resident within the school district for a period of thirty days next preceding the election at which such person desires to vote;
4. qualified to register or is registered to vote in accord with section 5-106 of the Election Law which excludes:
a) those convicted felons who have not been pardoned or had their rights of citizenship restored, those whose maximum sentence of imprisonment has not expired; amd/or those who have not been discharged from parole;
b) persons adjudged mentally incompetent by a court; and
5. listed upon current voter registration lists maintained by the local Board of Elections or properly registered to vote within the school district. In such districts, the Board of Education shall appoint a Board of Registration and shall designate the registration place and hours for district residents.

Challenges to voters believed unqualified to vote may be undertaken pursuant to Education Law provisions. As provided in section 2025 of the Education Law, each annual or special election or meeting shall have a presiding chairman appointed by the Board. Such chairman shall have the responsibility of properly handling any challenges to the qualification of any voter

Voter Registration

Voter registration is required in the Guilderland School District. If you are not registered with the school district or the Albany County Board of Elections, you must do so prior to the vote.

Each year the district establishes three registration dates for residents to register in order to be eligible to vote at the annual Budget Vote and Election in May of each year. The last day for registration is no more than 14 or less than five days before the vote and election.

You may register at one of the elementary schools or at the district office during normal business hours on any of the established registration dates. The dates to be published each year in the board minutes, in the legal notice (published four times) and in district newsletters and on the website.

You may also register with the Albany County Board of Elections during their normal business hours.

Voting

Voting machines shall be used for recording the votes on all elections, budget votes, and votes on special propositions. The only exception to the use of voting machines shall be an emergency situation whereby the machines are unavailable due to a mechanical failure or state or local law prohibiting their use. If this should arise, paper ballots will be used.

Each voting machine shall have at least one clerk appointed by the Board in attendance during all voting hours. It shall be the duty of each clerk to keep a poll list containing the names, signatures, and legal residence of each person before such person is permitted to vote.

Entering a voting machine with another person is prohibited, except upon request from a voter, in which case an election inspector shall be allowed to enter the voting machine with that voter for the sole purpose of assisting that person in the actual manipulation of the voting machine. The election inspector shall not advise or induce such voter to vote on any proposition or candidate, and the election inspector shall never reveal the vote(s) recorded by the voter to any other person at any time.

Write-in ballots are permissible, when applicable, by utilizing the write-in device provided with the voting machine. If voting machines are not used, ballots containing the names of nominated candidates will be provided by the Board. On a paper ballot, one blank space will be provided under the name of the last candidate for each office so that voters may vote for candidates who have not been nominated for the offices to be filled at the election.

The writing in, with a black lead pencil, of a name in the blank space so provided, will sufficiently indicate a vote. It will not be necessary for a voter to place any other mark beside the name of a write-in candidate.

Absentee Ballots

The Board permits the use of absentee ballots for voting. Such ballots shall be available for the election of members of the Board of Education, the adoption of the school district budget, and on questions and propositions submitted to the voters of the district. Such ballots, including application forms, will be sent by the District Clerk to qualified voters wishing to vote by absentee ballot, upon request, via first class or certified mail. The application must be completed and returned with the ballot, and the individual must verify therein that he/she meets all voting requirements, and explain the reason for his/her inability to appear in person to vote.

In particular, the individual must explain that he/she will be unable to appear to vote in person on the day of the school district election because:

1. he/she will be a patient in a hospital, or unable to appear personally at the polling place on such day because of illness or physical disability. A voter who claims permanent illness or physical disability may apply for an absentee ballot and the right to receive an absentee ballot for each election thereafter without further application by filing an application containing a statement setting forth the particulars of his/her permanent illness or disability with the Board of Elections;
2. his/her duties, occupation, business, or studies will require him/her to be outside of the county or city of his/her residence on such day;
3. he/she will be on vacation outside the county or city of his/her residence on such day; or
4. he/she will be detained in jail awaiting action by a grand jury; awaiting trial; or is confined in prison after conviction for an offense other than a felony.

The application must be received by the District Clerk at least seven days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered. Proxy votes are not allowed.

Adopted June 20, 1995
Revised April 28, 1998
Revised and Adopted February 14, 2012

2121 Board Member Qualifications

The qualifications for the office of Board of Education member include:

1. must be able to read and write;
2. must be a qualified voter of the district; that is, a citizen of the United States, at least 18 years of age or older, and not adjudged to be an incompetent;
(Note: a convicted felon is barred from running for a seat on a board of education if his or her maximum prison sentence has not expired or if he or she has not been pardoned or discharged from parole)
3. must be and have been a resident of the school district for at least one year prior to election;
4. may not have been removed from any school district office within the preceding year;
5. may not reside with another member of the same school board as a member of the same family;
6. may not be a current employee of the school district, except as permitted by law; and
7. may not simultaneously hold another incompatible public office.

No employee of the school district may be a member of the Board, except as permitted by law.

Adopted June 20, 1995
Adopted March 8, 2011
Revised, Adopted November 5, 2014
Revised, Adopted October 24, 2017

2122 Board Member Oath of Office

Newly elected or appointed Board of Education members must take their constitutional oath of office within thirty (30) days of the beginning of their term of office. They shall be sworn in by Board President, District Clerk or any notary public, and the oath shall be filed with the District Clerk.

Adopted June 20, 1995
Adopted March 8, 2011
Adopted January 6, 2015

2130 Board Member Resignation

A member of the Board of Education may resign his/her office by filing his/her resignation with the District Clerk. The effective date of the resignation must be within 30 days after the date of filing.

Adopted June 20, 1995
Adopted March 8, 2011
Adopted January 6, 2015

2140 Board Member Removal from Office

A member of the Board of Education may be removed from office for willful violation or neglect of duty, or for willfully disobeying any decision, order or regulation of the Commissioner of Education. The removal may take place only after a hearing on the charges either before the commissioner, at which the board member has a right to be represented by counsel, or before the board itself. A written copy of the charges must be served at least ten (10) days before the hearing. The board member must be afforded a “full and fair opportunity to refute the charges before the removal.”

Notice of the charge and an opportunity for defense shall be provided. Official misconduct may be grounds for removal by the Board after a hearing.

A vacancy on the Board may also be declared if it is clearly established that a member has failed to attend three consecutive meetings without sufficient excuse or if a member has changed his/her legal residence from that of the school district.

Adopted June 20, 1995
Adopted March 8, 2011
Adopted January 6, 2015

2150 Unexpired Term Fulfillment

The Board of Education has the power to fill any vacancy, by a majority vote, which may occur on the Board by reason of death, resignation, removal from office or moving out of the school district, of any member or officer of the Board. The person so appointed in the place of any such member of the Board shall hold his/her office until the next annual election of Board members.

Adopted June 20, 1995
Adopted March 8, 2011
Revised and Adopted January 6, 2015

2160 School District Code of Ethics

The Board of Education is committed to avoiding any situation in which the existence of conflicting interests of any Board member, officer or employee may call into question the integrity of the management or operation of the school district. The Board recognizes that sound, ethical standards of conduct serve to increase the effectiveness of district officers and staff as educators and public employees in the community. Adherence to a code of ethics promotes public confidence in the schools and furthers the attainment of district goals.

The Board also recognizes its obligation to adopt a code of ethics setting forth the standards of conduct required of all Board members, district officers and employees under the provisions of the General Municipal Law. Therefore, every Board member, officer and employee of the district, whether paid or unpaid, shall adhere to the following code of ethics.

Definitions

  • “Contract” is defined broadly to include any claim or demand against the district or account or agreement with the district, whether expressed or implied which exceeds the sum of $750.00 in any fiscal year.
  • An “interest” is defined as a direct or indirect benefit that runs to the employee as a result of a contract with the district.
  • “Officer or employee” means an officer or employee of the district, whether paid or unpaid, including members of the Board of Education, and their professional or nonprofessional staff and appointees.
  • “Volunteers” are those individuals who volunteer their time and service to the school district as a member of a committee, advisory group, or some other entity involved in the review, consideration, and recommendation to the school district administration and/or Board of Education concerning matters of public business.

Statutory Conflicts of Interest

A conflict of interest occurs when a Board member, officer or employee benefits personally from contracts made in their official capacity.
No Board member, officer or employee shall have an “interest” (i.e., receive a direct or indirect benefit as the result of a contract with the district) in:

1. a firm, partnership or association in which he/she is a member or employee;
2. a corporation in which he/she is an officer, director or employee;
3. a corporation in which he/she, directly or indirectly, owns or controls 5% or more of the stock;
4. a contract between the district and his/her spouse, minor child or dependents, except for an employment contract between the school district, a spouse, minor child or dependent of a Board member authorized by §800(3) of the General Municipal Law or §3016 of the Education Law.

1. Gifts: A Board member, officer or employee shall not directly or indirectly solicit any gift or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part.
However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

2. Confidential information: A Board member, officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest. This includes matters discussed in executive session. However, the Board, acting as a whole, may decide to disclose such information where disclosure is not prohibited under the law.

3. Representation before the Board or District: A Board member, officer or employee shall not receive or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before the school district.

4. Disclosure of interest in matters before the Board: A Board member, officer or employee of the district, whether paid or unpaid, must publicly disclose the nature and extent of any interest they or their spouse have, will have or later acquire in any actual or proposed contract, purchase agreement, lease agreement or other agreement involving the school district (including oral agreements), to the governing body and his/her immediate supervisor (where applicable) even if it is not a prohibited interest under applicable law. Such disclosure must be in writing and made part of the official record of the school district. Disclosure is not required in the case of an interest that is exempted under Section 803(2) of the General Municipal Law. The term “interest” means a pecuniary or material benefit accruing to an officer or employee.

5. Investments in conflict with official duties: A Board member, officer or employee shall not invest or hold any investment directly in any financial, business, commercial or other private transaction that creates a conflict with his or her official duties. Exceptions to the conflict of interest law can be found in Section 802 of the General Municipal Law (see 2160-E.1).

6. Private employment: A Board member, officer or employee shall not engage in, solicit, negotiate for or promise to accept private employment when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.

Future employment: A Board member, officer or employee shall not, after the termination of service or employment with the district, appear before the Board in relation to any action, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration.

8. Involvement with Charitable Organizations: A Board member, officer or employee may be involved as a volunteer, officer or employee in a charitable organization which has a relationship with the district. If a Board member is a board member, officer or employee of the charitable organization the Board member must disclose such relationship in writing to the district, and the Board member must recuse himself or herself from any discussions or votes relating to the charitable organization which may come before the Board. When participating in the activities of the charitable organization, the Board member, officer or employee shall not disclose any confidential information learned in the course of his or her official duties or use such information to further personal interests. Additionally, the Board member, officer or employee shall not make representations on behalf of the district unless specifically authorized to do so by the Board.

9. Preferential treatment of students: No person shall attempt to secure preferential treatment for any student attending the schools of the district.

10. Personnel practice: Merit shall be the controlling criteria in the district’s hiring process, which includes screening by supervisory personnel, recommendations for appointment by the Superintendent to the Board, and appointments by the Board. For the purposes of this regulation, “merit” shall mean the selection of the best qualified candidate for a particular position at the time such position is being filled, after objective screening, interviewing, and comparison of the qualifications of all candidates for the position at that time. Distortion or violation of this principle or variation from it through the use of influence, contacts, or personal relationships shall not be permitted.

11. Nepotism: Any member of the immediate family of a Board member, or the Superintendent may be employed by the school district for any part time (20 hours if hourly employee or .5 FTE if salaried) or full time contractual position only if approved by a 2/3rds vote as required by law and defined in the decisions of the Commissioner of Education. This statement shall not apply in employment situations which existed prior to the time a person became Superintendent, or a member of the Board, or in cases where the administrator or Board member marries a district employee. In addition, no person upon whom this code is binding shall take part in screening candidates for a position for which his or her relative is an applicant. In cases where a member of a Board member’s family is being considered for employment, it is expected that the Board member would disclose the relationship and recuse him/herself when a vote is taken.

Any member of the Board of Education, employee of the district, or volunteer serving the interest of the school district on any committee or deliberative body shall fully disclose any actual, potential, or perceived conflict of interest that individual may have relating to the matter being discussed. Such disclosure shall be made even if such “interest” is not prohibited conflict of interest as such is set forth by the General Municipal Law or the district’s Code of Ethics Policy and Regulations set forth herein. The purpose of such disclosure is to assess whether any such interest is prohibited and, if not, to insure that all members of any committee or deliberative body are aware of such interest. The objective of such disclosure is to insure transparency of school district decisions and recommendations to best serve the public interest of the school district.

13. At the beginning of each Board member’s term of office, the trustee shall review and sign the School Board Ethics Guidelines (see 2160-E).

Distribution of Code of Ethics

The Superintendent of Schools shall cause a copy of this Code of Ethics to be distributed to every member of the Board, every officer and employee of the school district. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be posted in each public building under the district’s jurisdiction in a place conspicuous to the district’s officers and employees.

Penalties

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board’s code of ethics and its accompanying regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Adopted October 24, 1995
Revised June 20, 2006
Adopted March 8, 2011
Adopted January 6, 2015
Replaced, Adopted January 23, 2018

2160-R School District Code of Ethics Regulation

Pursuant to the provisions of Section 806 of the General Municipal Law and Board Policy 2160, the Board of Education promulgates these rules of ethical conduct for the officers, employees and volunteers in the school district. These rules shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts by municipal officers and employees.

Definitions

1. “Officer or employee” means an officer or employee of the district, whether paid or unpaid, including members of the Board of Education, and their professional or nonprofessional staff and appointees.
2. “Volunteers” are those individuals who volunteer their time and service to the school district as a member of a committee, advisory group, or some other entity involved in the review, consideration, and recommendation to the school district administration and/or Board of Education concerning matters of public business.
3. “Interest” means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires.

Standards of Conduct

Every officer and employee of the district shall be subject to and abide by the following standards of conduct:

1. Gifts: An officer or employee shall not directly or indirectly solicit any gift or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members.

Nothing herein should be construed as prohibiting the traditional exchange of holiday gifts provided discretion is used to ensure that gifts of value are not accepted by staff employees or officers. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.
2. Confidential information: An officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest. In addition, he/she shall not disclose information regarding any matters discussed in an executive session of the Board whether such information is deemed confidential or not.

3. Representation before the Board: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school district.
4. Representation before the Board for a contingent fee: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school district, whereby the compensation is to be dependent or contingent upon any action by the school district with respect to such matter.This paragraph shall not prohibit an officer or employee from fixing at any time a reasonable fee based upon the reasonable value of the services rendered, as long as the compensation is not dependent or contingent upon any action by the school district with respect to such matter.
5. Disclosure of interest in matters before the Board: To the extent that he or she knows thereof, a member of the Board of Education and any officer or employee of the district, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board on any matter before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in such matter.

In addition, any member of the Board of Education, employee of the district, or volunteer serving the interests of the district shall disclose to the other members of any committee or review body in which they serve if they have any financial interested in the matter being discussed by that committee or deliberative body. The intent of this disclosure is to insure that all members of any committee or other district deliberative body are fully aware of any financial interest an individual member may bring to a deliberative process which results in a recommendation being made to District administration and/or the Board of Education.
6. Investments in conflict with official duties: An officer or employee shall not invest or hold any investment directly in any financial, business, commercial or other private transaction that creates a conflict with his or her official duties.
7. Private employment: An officer or employee shall not engage in, solicit, negotiate for or promise to accept private interests when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.
8. Future employment: An officer or employee shall not for financial gain, after the termination of service or employment with the Board, appear before the Board or any panel or committee of the Board, in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration. For the purpose of future employment, a two-year prohibition shall apply, except for an individual who seeks a teaching position including substituting or working as a teaching assistant or aide.
This shall not bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the district on his or her own behalf or on behalf of any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

9. Preferential treatment of students: No person shall attempt to secure preferential treatment for any student attending the schools of the district.
10. Personnel practice: Merit shall be the controlling criteria in the district’s hiring process, which includes screening by supervisory personnel, recommendations for appointment by the Superintendent to the Board, and appointments by the Board. For the purposes of this regulation, “merit” shall mean the selection of the best qualified candidate for a particular position at the time such position is being filled, after objective screening, interviewing, and comparison of the qualifications of all candidates for the position at that time. Distortion or violation of this principle or variation from it through the use of influence, contacts, or personal relationships shall not be permitted.
11. Nepotism: Any member of the immediate family of a Board member, or the Superintendent may be employed by the school district for any part time (20 hours if hourly employee or .5 FTE if salaried) or full time contractual position only if approved by a
2/3rds vote as required by law and defined in the decisions of the Commissioner of Education. This statement shall not apply in employment situations which existed prior to the time a person became Superintendent, or a member of the Board, or in cases where the administrator or Board member marries a district employee. In addition, no person upon whom this code is binding shall take part in screening candidates for a position for which his or her relative is an applicant. In cases where a member of a Board member’s family is being considered for employment, it is expected that the Board member would disclose the relationship and recuse him/herself when a vote is taken.
12. Any member of the Board of Education, employee of the district, or volunteer serving the interest of the school district on any committee or deliberative body shall fully disclose any actual, potential, or perceived conflict of interest that individual may have relating to the matter being discussed. Such disclosure shall be made even if such “interest” is not prohibited conflict of interest as such is set forth by the General Municipal Law or the district’s Code of Ethics Policy and Regulations set forth herein. The purpose of such disclosure is to assess whether any such interest is prohibited and, if not, to insure that all members of any committee or deliberative body are aware of such interest. The objective of such disclosure is to insure transparency of school district decisions and recommendations to best serve the public interest of the school district.

13. At the beginning of each Board member’s term of office, the trustee shall review and sign the School Board Ethics Guidelines (see 2160-E).

Distribution of Code of Ethics

The Superintendent of Schools shall cause a copy of the Board’s Code of Ethics and this accompanying regulation to be distributed to every officer and employee of the school district via e-mail. In addition, the policy and regulation shall be posted on the district website. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. Volunteers who serve on building cabinets or district committees will be furnished a copy of the Code of Ethics policy and regulation as part of their written materials. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the district’s jurisdiction in a place conspicuous to the district’s officers and employees.

Penalties

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board’s code of ethics and its accompanying regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Review of Code of Ethics

Review of this Code of Ethics shall be placed as an item on the agenda of the Annual Reorganizational Meeting of the Board.

Reviewed June 20, 2006
Reviewed February 15, 2011
Reviewed January 6, 2015

2160-E School Board Ethics Guidelines

As a member of my Board of Education, I will strive to improve public education, and to that end, I will:

  • Attend all Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
  • Recognize that I should endeavor to make policy decisions only after full discussion at publicly held Board meetings;
  • Render all decisions based on the available facts and my independent judgment, and refuse to surrender that judgment to individuals or special interest groups;
  • Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community;
  • Work with other Board members to establish effective Board policies and to delegate authority for the administration of the schools to the Superintendent of Schools;
  • Communicate to other Board members and the Superintendent expressions of public reaction to Board policies and school programs;
  • Maintain familiarity with educational and fiscal issues through study and participation in programs providing needed information, such as those sponsored by local, state and national school boards associations;
  • Strive to be educationally and fiscally responsible in all my decisions;
  • Support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;
  • Avoid being placed in a position of conflict of interest, and refrain from using my Board position for personal or partisan gain;
  • Take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law; and
  • Remember always to focus on the educational welfare of the students attending the public schools while being mindful of the community’s needs.

2170 Board Member Conflict of Interest

The members of the Board of Education shall avoid acting in circumstances where their personal interest conflicts with that of the public whose interest they have been elected to represent. The actions of the Board shall be governed by the applicable provisions of the General Municipal Law, any other applicable law and the code of ethics established pursuant to Board Policy 2160.

Adopted October 24, 1995
Adopted March 8, 2011
Adopted January 6, 2015

2210 Board Reorganizational Meeting

The Board of Education recognizes its obligation to hold an annual reorganizational meeting. The purpose of the reorganizational meeting shall be to elect officers of the Board and make the proper appointments and designations of other district employees for the proper management of the school district during the school year. The Board shall also perform such annual functions as are designated by law.
The annual reorganizational meeting of the Board of Education shall be held on the first Tuesday of July. If that day is a legal holiday, then the meeting must be held on the first Wednesday in July (§ 1707(1)). Alternatively, a board of education may, by resolution, decide to hold the annual organizational meeting at any time during the first 15 days in July.
The meeting shall be called to order by the Superintendent or his/her designee, who shall preside until the election of a new president. The order of business to be conducted at the organization meeting shall include the following items required or implied by state law and/or regulation:

I. Administration of Oath

The District Clerk shall administer the oath of office to newly-elected Board members. Such oath shall conform to Article XIII-1 of the New York State Constitution, and Section 10 of the Public Officers Law; the Clerk shall countersign the oath. No new Board member shall be permitted to vote until he/she has taken the oath of office.

II. Election of Officers

The Board shall elect a president and vice-president for the ensuing year, and the District Clerk shall administer the oath of office to them. A majority of all members of the Board shall be necessary for a valid election.

III. Appointment of Officers

The Board shall appoint and the Board President administer the oath of office to the following officials:

  • District Clerk
  • District Treasurer
  • Internal Claims Auditor
  • Deputy Treasurer
  • Tax Collector

IV. Other Appointments

The Board shall appoint and establish the stipend (if any) for the following positions:

* Consulting School Physician
Other School Physicians
* District Auditor
* Asbestos Designee
ADA Coordinator
* Title IX/Section 504 Hearing Officer(s)
General Legal Counsel
* Attendance Officer(s) Purchasing Agent
* Records Access Officer
* Records Management Officer
*Central Treasurer, Extraclassroom Activity Account

*Statutory Requirement

V. Bonding of Personnel

The Board may bond the following personnel handling district funds:

  • District Clerk
  • Tax Collector
  • District Treasurer
  • School Attorney
  • Internal Claims Auditor
  • District Auditor
  • Central Treasurer of Student Activity Account

The Board may, in each instance, specify the amount of the bond it intends to obtain.
The Board may include any of the above officers in a blanket undertaking, pursuant to law and Commissioner’s Regulations, rather than bond individuals.

VI. Designation

The Board shall designate:

Official depositories for district funds
Official district newspapers

The Board shall fix the day and hour for the holding of regular meetings, which shall be at least once each month while school is in session, in the rooms provided for the Board, unless otherwise ordered by the Board.

VII. Authorizations:

a. of person to certify payrolls
b. of school purchasing agent
c. to establish petty cash funds (and to set amount of such funds)
d. to designate authorized signatures on checks
e. of Superintendent of Schools to approve budget transfers

VIII. Other Items:

a. establish rate for mileage reimbursement at the IRS rate
b. review of Code of Ethics
c. other

The Board shall conduct general business at this meeting before it adjourns, if it so desires.

IX. Other Officials:

The Board may appoint, define the duties, fix the term, and fix the compensation of such other officials as may be necessary for its proper functioning.

Adopted April 30, 1996
Revised and Adopted March 8, 2011
Adopted January 6, 2015

2220 Board Officers

The President and Vice-President of the Board of Education shall be elected by members of the Board at the annual reorganization meeting in July.

Duties of the President of the Board

The duties of the President of the Board shall be as follows:

1. to preside at all meetings;
2. to act as chief fiscal officer of the Board;
3. to execute all documents on behalf of the Board;
4. to appoint all standing and ad hoc committees with the agreement of the Board of Education;
5. to act as an ex-officio member of all committees;
6. to call special meetings he/she considers necessary or on request of one member of the Board;
7. to vote together as a member of the Board;
8. to perform the usual and ordinary duties of the office;
9. to act as temporary chairman of the annual district meeting and special district meetings; and
10. to, along with the other members, offer resolutions, and discuss questions.

Duties of the Vice President

The Vice-President shall be authorized to act for the President in case of the President’s absence or inability to act, within statutory limitations

Adopted January 9, 1996
Adopted March 8, 2011
Adopted January 6, 2015

2230 Appointed Board Officials

The Board shall appoint, define the duties, fix the term and compensation of those officials pursuant to Policy 2210 Board Reorganizational Meeting.

The Board may, at any time, appoint, define the duties, fix the terms and compensation of these and other officials, as may be necessary for the proper functioning of the district.

Adopted April 30, 1996
Adopted March 8, 2011
Adopted January 6, 2015

2230.01 District Clerk

The Board of Education shall annually appoint a District Clerk. Such appointment shall continue until the next reorganizational meeting. The salary of the District Clerk shall also be fixed annually at the reorganizational meeting. The District Clerk shall as required by law:

1. have working knowledge of the state Education Law concerning the office of the District Clerk, such as the laws governing procedures for annual district meetings and elections, candidates’ petitions and qualifications, teacher tenure hearings, etc.;
2. be a Notary Public;
3. verify and sign official documents;
4. maintain the voter registration list, oversee the election results reports, and oversee the maintenance of the voter registration books;
5. In conjunction with the business administrator conduct the annual district election, budget votes, and special district referendum, including the library budget vote, and certify elections;
6. notify the Town Clerk of the results of all elections and school district votes;
7. give official notice to persons duly elected or appointed to office;
8. take the oath of office of new members of the Board;
9. prepare and coordinate items for the Annual Reorganizational Meeting of the Board;
10. call the Annual District Meeting to Order, call for nominations of a Chairman of the meeting, and, if nominated, serve as Clerk of the meeting;
11. maintain all official records of the school district;
12. file all correspondence and records relating to matters of the school district, involving the Board;
13. keep and file all information regarding special committees of the Board;
14. act as a secretarial liaison between Board, administration, town, and village governments, Chamber of Commerce, library and residents of the school district;
15. prepare and arrange publication of legal notices;
16. act as liaison to the district’s official newspapers to provide meeting notices and follow up on the Board releases;
17. attend all public meetings of the Board (Regular and Special) as well as public hearings of the Board and, when requested:
a. record minutes,
b. handle follow-up correspondence,
c. transcribe and distribute completed minutes;
18. record Board minutes of executive sessions as recorded by the Superintendent;
19. receive, copy, distribute, follow-up and file all incoming correspondence of Board members and keep administration and attorney appraised of correspondence relating to specific situations;
20. handle all outgoing correspondence of the Board President as well as the other members of the Board;
21. receive and answer telephone requests from school Board members, administration, the school attorney, and the community whenever necessary;
22. process registrations for Board members attending various seminars and workshops, make travel arrangements for Board members on Board-related trips, and process expense accounts;
23. process all purchase orders for supplies and services relating to the Board;
24. prepare the expenses of the district meetings, the District Clerk, and Board for the annual budget;
25. participate in the handling of bond sales to ensure successful completion;
26. have a working relationship with school district’s legal counsel;
27. receive subpoenas and claims against the school district as well as process appeals to the Commissioner of Education (see Policy 2270.1, Litigation Procedures.); and
28. perform any other work requested by the Board or the Superintendent.

Adopted April 30, 1996
Revised and Adopted June 6, 2011
Adopted February 2, 2016

2230.02 District Treasurer

The Board of Education shall also annually appoint a District Treasurer. Such appointment
shall continue until the next Reorganizational Meeting, or until a successor has been appointed.
The District Treasurer shall perform such duties imposed upon the office by statute or law including:

1. report, at least monthly, to the Board the state of all accounts;
2. act as official custodian of all district funds;
3. shall sign all checks, including those for which facsimile signatures have been approved. The District Treasurer shall perform such other duties as may be assigned to the office by the Board of Education.
The District Treasurer shall file a bond for the faithful performance of his/her duties, or be covered under a blanket undertaking pursuant to policy 2210, V.

Adopted April 30, 1996
Adopted March 8, 2011
Adopted February 2, 2016

2230.03 School Physician(s)

The Board shall enter into an individual agreement for school physician services and, at the Annual Reorganizational Meeting, or as soon thereafter as possible (and prior to September 1), shall appoint a physician or physicians to perform the services identified in each individual agreement for the sums stipulated.
The school physician(s) shall perform the following services, as well as other health-related services deemed necessary and appropriate by the physician and/or school authorities and performed in accordance with the law:

1. physical examination of students who have not been examined by their family physician prior to entry into the grades specified in section 903 of the state Education Law;
2. special physical examinations for students at grade levels other than those specified in the Education Law when deemed necessary by the physician or school authorities;
3. consultation with the school nurse on health related matters when requested;
4. physical examinations for student work permits;
5. approval in the fall of each year of a list of first aid instructions;
6. physical examinations for employees, when requested by the district;
7. school building health inspections, when requested by the Building Principal and/or school nurse; and
8. physical examinations for school bus drivers in accordance with state and federal law and regulations.

The district shall annually designate one of the school physicians as a consulting physician. The role of the consulting physician shall be to advise the district, upon request, on health-related matters as they affect district students and employees.

Adopted April 30, 1996
Adopted March 8, 2011
Adopted February 2, 2016

2230.04 School Legal Counsel

The Board of Education will appoint a School Legal Counsel for the district. The Legal Counsel must be admitted to the bar of New York State. The Legal Counsel will be the legal advisor to the Board. In that capacity, the Legal Counsel’s duties will be:

1. to advise the Board with respect to all legal matters relating to the district, including, but not limited to, interpretation of the Education Law of the State of New York, and all other statutes, rules or regulations affecting the district;
2. to be easily accessible to the Board and the Superintendent of Schools (and, at the discretion of the Superintendent, to his/her administrative staff), with respect to legal matters issuing out of the day-to-day administration of the district;
3. to review and to represent the district in the preparation of any and all contracts which the district may be obliged to execute (other than purchase orders usually issued for the purchase of goods, equipment and services);
4. to advise and assist in matters of litigation pursuant to the retainer agreement;
5. to review the legality of all rules or regulations to be adopted by the Board;
6. to review and advise with respect to any process served upon the district; and
7. to recommend the retainment of such special counsel as he or she may deem necessary in the circumstances, subject to the approval of the Board.

The district, when seeking to retain a School Legal Counsel, will first locate prospective qualified lawyers/law firms by:

1. advertising in trade journals;
2. checking listings of lawyers/law firms; or
3. making inquiries of other districts or other appropriate sources.

The district will then prepare a well-planned, written request for a proposal which will contain critical details of the services sought and submit this request to prospective applicants.

In selecting a School Legal Counsel, the district will consider the cost of a retainer (or hourly fee), as well as such other factors as:

1. the special knowledge or expertise of the legal counsel/law firm;
2. the quality of the service provided by the legal counsel/law firm;
3. the staffing of the legal counsel/law firm; and
4. the legal counsel/law firm’s suitability for the district’s needs.

The district will maintain documentation of the written proposals submitted by legal counsel/law firm applicants for the position of School Legal Counsel.

In addition to the annual retainer (or hourly fee), the Legal Counsel shall be reasonably compensated for:

1. all services rendered in connection with litigation and appeals to the Commissioner of Education, state or federal courts, brought by or against the district, the Board or the Superintendent, in addition to those rendered pursuant to the retainer agreement;
2. all services rendered in connection with bond issues or similar financial transaction;
3. assistance in contract negotiations with representatives of employees and in the drafting of negotiated contracts;
4. legal services with respect to any grievances that may be filed by employees or their representatives;
5. tenure and related type hearings; and
6. such services as shall not be reasonably included within the specified duties enumerated as legal counsel duties.

[ By virtue of the district’s insurance coverage, a legal counsel may be designated by the insurance carrier to provide legal services regarding certain legal matters.]

Adopted April 30, 1996
Adopted March 8, 2011
Adopted February 2, 2016

2240 Board-Superintendent Relationship

The Board of Education believes that the development and adoption of policies is the most important function of a School Board, and the execution of the policies is the function of the Superintendent of Schools.
Delegation by the Board of its executive powers to the Superintendent provides freedom for him/her to manage the school within the Board’s policies and frees the Board to devote its time to policymaking and appraisal functions.
The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of the internal machinery designed to serve the educational programs and for keeping the Board informed about district operations and problems.

Adopted November 28, 1995
Adopted March 8, 2011
Adopted February 2, 2016

2250 Board Committees

The Board of Education may, as needed, establish committees whose membership will consist of members of the Board. The president of the Board shall serve as an ex-officio member of all committees to which he/she is not appointed. Board committees shall undertake studies and make reports as charged by the Board, but shall not act on behalf of the Board. Also, any existing standing Board committee (i.e., audit, business practices, communications, and policy) must comply with the Open Meetings law which includes providing public notice of such meetings, holding the meetings in public, and utilizing executive session if applicable.
The Board may establish standing or ad hoc committees and reserves the right to terminate any committees at any time.
Any official policy-level action is the sole discretion of the Board. The Board is in no way obligated to follow committee recommendations. The Board has the right to accept, reject, or modify all or any part of a committee recommendation.

Adopted November 28, 1995 Revised November 27, 2007 Reviewed and Adopted May 3, 2011 Adopted February 2, 2016

2255 Board Participation on District-wide Committees

In addition to those committees established by the Board of Education, there may be opportunities for Board members to serve on district-wide committees established throughout the school system. Examples of various groups in which Board members may be invited to participate include, but are not limited to: Safe Schools, Bullying and Harassment Prevention, District Priorities, and Facilities Planning. The role of a Board member as part of any district-wide committee may serve several functions including acting as a liaison between the individual group and the full Board. At a later time, the Board of Education as a whole may determine a future direction based on the recommendations of a committee. Therefore, Board members are charged to listen to the ideas presented and participate without exerting undue influence in any discussion or planning effort. Board members participating on a district-wide committee are acting as individuals and at no time are authorized to speak on behalf of the Board. Subsequently, individual Board members may be asked to provide first hand information to their fellow Board members about the progress of the district-wide committee on which they serve.
Specific committees where Board member participation is prohibited include but are not limited to the following areas: hiring of teachers, building level cabinets (shared decision making), curriculum cabinets and challenges to curriculum materials or textbooks.
In cases where a Board member chooses to participate on a district-wide committee as permitted under this policy, notification should be provided to the Board of Education as a whole. For this purpose, the superintendent of schools can serve as a facilitator in notifying the other trustees.

Adopted July 6, 2004
Revised and Adopted May 3, 2011
Adopted February 2, 2016

2260 Citizens Advisory Committees to the Board of Education

The Board of Education recognizes that it can beneficially utilize the talents, resources, and interests available among district residents to assist in developing the programs needed for the maintenance of a quality educational program in the schools of the district. To that end, the Board shall, at its discretion and in accordance with state law and regulation, appoint Citizens Advisory Committees of representative residents of the district to provide advice and reaction about important matters before the Board which may have special significance for the community.

Each citizens committee organized by the Board shall be appointed and discharged by official Board resolutions. Appointments to Citizens Advisory Committees shall be on the basis of interest, experience, expertise, and concern. No one shall be appointed as a representative of a specific group or area, unless it is the express purpose of the Board to have such specific areas of the community represented, in which case the Board may, in its discretion, appoint representative members of such groups or areas. The Board shall make reasonable effort to form a committee that is representative of the community.

Resolutions appointing such committees shall state specifically the scope of the work of the committee. Because such advisory committees will vary in size and scope, guidelines shall be developed subject to Board approval which shall give consideration and clarification to the following factors:

  • charge of the committee
  • timetable
  • size of committee
  • membership qualifications
  • expectations of members
  • if a committee recommendation is expected, how a committee recommendation will be reached; i.e., Majority, consensus
  • attendance requirements to maintain committee standing and retain voting privilege
  • if and how majority and minority reports will be handled

Committee reports shall be submitted to the Board and Superintendent of Schools prior to public release. Final reports shall be delivered to the Board at a meeting scheduled by the Board to receive the report.
The Board may accept, reject, or return committee recommendations for further study. Any action stemming from committee reports is the responsibility of the Board. Publicity, or the release of information, concerning committee findings shall be the responsibility and the prerogative of the Board. Advisory committees shall be discontinued upon completion of their assignment(s).

Nothing in the foregoing should be interpreted to limit the Superintendent’s ability to create committees of staff, students, and/or parents in the design of recommendations or regulations related to the orderly operation of the district.

Adopted May 21, 1996
Adopted January 5, 2010
Revised and Adopted May 3, 2011 Revised and Adopted February 2, 2016

2265 Shared Decision-making and School-Based Planning

The Board of Education encourages the participation of the community in improving education in our schools. In accordance with the regulations of the Commissioner, the Board has adopted a plan for the effective participation of parents, teachers, administrators, and the school board in shared-decision-making at the building level. This plan specifies:

1. the educational issues which are subject to decision sharing and cooperative planning at the school level;
2. the manner and extent of the expected involvement of all parties;
3. the means and standards by which all parties will evaluate improvement in student achievement;
4. the means by which all parties will be held accountable for the decisions made;
5. the process whereby disputes will be resolved at the local level; and
6. the manner in which all state and federal requirements for the involvement of parents in planning and decision-making will be coordinated with and met by the overall plan.

A copy of the Plan for Participation by Teachers and Parents in School-based Planning and Shared Decision-making shall be available in each school and at the central district office; individual copies of the plan will be provided upon request.

Every two years, the Board shall review the plan to determine its effectiveness and shall amend or recertify the plan, as needed. The amended or recertified plan together with a statement of the plan’s success in achieving its objectives, shall be submitted to the Commissioner of Education for approval no later than February 1st of each year in which biennial review takes place.

Adopted November 28, 1995
Adopted March 6, 2012

2270 Litigation Procedures

The Board of Education recognizes the seriousness of legal allegations against the school district and the importance of responding promptly to such allegations. The Board further acknowledges that it may be served legal documents including notice of claim and summons and complaint documents either by personal delivery or mail delivery.
The Board notes that when service is made on the district by mail it may be addressed to any school official, including Board members, the Superintendent of Schools, District Clerk, Tax Collector, District Treasurer, or any person whose duties generally relate to the administration of school affairs. Because such a large class of persons may be properly served on behalf of the district, the Superintendent shall ensure that district employees whose duties relate to school administration understand their responsibility to identify and immediately forward legal papers to the Superintendent.
If any district employee is sued as a result of action taken by the employee while acting in the discharge of his/her duties within the scope of his/her employment, the district shall provide legal aid and render necessary assistance to the employee in his/her defense, within the limitations of New York State Law. The district employee shall notify the Superintendent within ten (10) days after the action is brought against him/her. In the event action is submitted to the Board concerning an employee, the employee shall be notified by the Superintendent within ten (10) days.
The Superintendent shall establish effective procedures to ensure that the district responds within the time frames prescribed by law.

Adopted April 30, 1996
Adopted March 6, 2012

2300 School Board Meetings

Meetings of the Board of Education will be conducted in accordance with the following policies:

  • 1230 Public Participation at Board Meetings
  • 2250 Board Committees
  • 2260 Citizens Advisory Committees
  • 2310 Regular Meetings
  • 2320 Special Meetings
  • 2330 Executive Sessions
  • 2340 Notice of Meetings
  • 2342 Agenda Participation and Dissemination
  • 2350 Board Meeting Procedures
  • 2350-E1 Table of Motions
  • 2350-E2 Rules of Debate
  • 2351 Quorum
  • 2360 Minutes
  • 2382 Broadcasting and Taping of Board Meetings

Adopted July 30, 1996
Adopted March 6, 2012
Adopted December 6, 2016

2310 Regular Meetings

In order to perform its duties in an open and public manner, the Board of Education shall hold regular business meetings at least once a month. All regular Board meetings are open to the public, and meeting facilities shall provide access to persons with disabilities.
The time, dates and place of regular Board of Education meetings shall be established at the annual reorganizational meeting. In the event that the Board cannot meet because of unforeseen circumstances, the meeting may be cancelled by the Board President, and rescheduled if necessary.
In addition to the members of the Board, the following individuals will regularly attend the business meetings of the Board: the Superintendent of Schools, the District Clerk, and other specified personnel as deemed necessary.

Adopted July 30, 1996
Adopted November 1, 2011
Adopted March 6, 2012
Adopted December 6, 2016

2320 Special Meetings

In an effort to anticipate and respond to special circumstances which may arise during district operations, any member of the Board may call special and/or emergency meetings of the Board so long as notice of the meetings will be given at least 24 hours before the date of the meeting to every Board member. If less than a week in advance, public notice of the meeting will be given to the extent practicable.
If, in an emergency, a special meeting is held before the twenty-four hour notice can be given, each member may be asked to sign a waiver of notice. A statement regarding the time of notice and signature of such forms shall be entered in the minutes.

Adopted November 1, 2011
Revised, Adopted December 6, 2016

2330 Executive Sessions

The Board of Education may hold executive sessions at which only the members of the Board or persons invited by the Board shall be present. However, the executive session is only available for the purpose of discussion, and except as the law allows, formal action must be taken in an open session.
Executive sessions can be requested by any member of the Board or the Superintendent of Schools.
A Board member must make a motion during an open meeting to convene in executive session. Upon a majority vote of its members, the Board may convene in executive session at a place which the Board President or said members may designate within the district to discuss the subjects enumerated below. Matters which may be considered in executive session are:

1. matters which will imperil the public safety if disclosed;
2. any matter which may disclose the identity of a law enforcement agent or informer;
3. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
4. discussions regarding proposed, pending or current litigation;
5. collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law);
6. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
7. the preparation, grading or administration of examinations; and
8. the proposed acquisition, sale, or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value thereof.

The vote to go into executive session shall be detailed enough to allow the public to understand the topic the Board will be discussing, without disclosing specifics. Discussion in executive session shall be limited to the topic(s) identified in the motion.
A Board may not take action in executive session except to vote on disciplinary charges against a tenured teacher or as otherwise permitted by law.
Individual Board members, acting on their own, shall not disclose matters discussed in executive session. However, the Board, acting as a whole, may decide to disclose such information where disclosure is not prohibited under the law.
Minutes shall be taken at executive sessions of any action that is taken by a formal vote and should consist of a record or summary of the final determination of such action and the date and vote thereon, provided, however, that such summary shall not include any matter which is  not required to be made public by the Freedom of Information Law. Minutes taken shall be available to the public within one week from the date of the executive session.

Replaced, Adopted January 9, 2018

2340 Notice of Meetings

The Board of Education believes that public notice of its activities is essential to ongoing, proactive cooperation between the Board and the community it serves.
To this end, and in accordance with state law, members of the Board of Education, Superintendent of Schools, Assistant Superintendent for Business, and the official district newspapers shall be notified of meetings. The time, date and place of regular Board meetings is established at the Reorganizational Meeting. In addition, dates of scheduled meetings will be included in the annual district calendar and posted on the website.
If a special meeting is scheduled at least a week in advance, notice must be given to the public by notifying official school newspapers and by posting in one or more designated public places not less than 72 hours prior to the meeting. When a special meeting is scheduled less than a week in advance, the Board shall provide public notice to the extent practicable and post notice of such meetings on its website as well as notify official school and local newspapers
(i.e., Altamont Enterprise, Schenectady Gazette, Guilderland Spotlight and/or Times Union). Said notice shall be conspicuously posted in the following designated public locations:

  • District Office: Front Door
  • High School: By the main office door and LGI entrance
  • Middle School: Lobby
  • Pine Bush Elementary: Main office door
  • Guilderland Elementary: Main office window
  • Westmere Elementary: Front door
  • Lynnwood Elementary: Main office window
  • Altamont Elementary: Main office window

Adopted July 30, 1996
Revised November 27, 2007
Adopted November 1, 2011
Revised, Adopted December 6, 2016

2342 Agenda Preparation and Dissemination

The agenda and preparation for meetings shall be the responsibility of the Superintendent of Schools with the approval of the Board President. Board members, employees of the school district, and citizens may suggest agenda items by contacting the Superintendent. The agenda for regular meetings shall always allow for public comment in accordance with Policy 1230.
A complete set of materials for the regular meeting shall be provided to each Board member, the Superintendent, and other specified district personnel as deemed necessary by the Superintendent. In addition, for each regular meeting, copies of the agenda will be available in the meeting room for the convenience of the citizens who attend the meeting, and copies of pertinent agenda materials will be available to the public on the meeting night. Advance dissemination of the agenda shall be the responsibility of the District Clerk.

Adopted July 30, 1996
Revised and Adopted November 1, 2011
Adopted December 6, 2016

2342-E Suggested Agenda Preparation and Dissemination

Items of business for Board action and other information shall be distributed to Board members Friday prior to meetings. The purpose of this early distribution is to allow Board members sufficient time to study the information carefully in preparation for informed decision-making at the Board meeting.

1. The Superintendent of Schools and the President of the Board will confer prior to the meeting, for the purpose of agenda preparation.
2. If anyone wishes to have an item placed on the initially distributed agenda, that person should make such a request to the Board President or Superintendent so that it may be considered for inclusion on the agenda.
3. Any board member may make a motion that an item be advanced on the agenda or deferred to a later time on the agenda, which shall be approved by a majority of the board.
4. The agenda and supporting materials will be organized and assembled in a convenient sequence, (e.g.)

Public Agenda
Introduction of Visitors
1. Showcase of Work (Student and/or Teacher) Public Comment
Program Report
Communications
Minutes of Past Meetings
CPSE and CSE Recommendations
Action Items
Personnel Information
Curriculum and Instruction Information
School Business Management Information Superintendent Information
School Board President Information
Public Comment
Committee Reports
Board Discussion
Executive Session

Reviewed July 3, 1996
Reviewed October 18, 2011
Revised, Reviewed December 6, 2016

2350 Board Meeting Procedures

Each Board of Education meeting shall be conducted in an orderly manner which encourages community understanding and involvement.

Call to Order:
All meetings of the Board of Education will begin with a call followed by the Pledge of Allegiance.
Order of Business:
The order of business at each regular meeting of the Board of Education shall follow the prepared agenda.
Quorum:
A quorum of the Board must always be present to convene a meeting of the Board and to transact business. Board members who are aware that they will be absent from a meeting should notify the Superintendent or the District Clerk as far in advance as possible so that the Superintendent or District Clerk will know whether or not a quorum will exist. (Refer to Quorum policy 2351)
Rules of Order:
Robert’s Rules of Order, Revised shall guide all business procedures of the Board of Education except where in conflict with adopted Board of Education policy. (Refer to Exhibits 2350-E1 Table of Motions and 2350-E2 Rules of Debate.)
Board Action:
It is the intent of the Board to thoroughly consider issues before action is taken. To this end, aside from routine business matters, action of the Board will not take place at the meeting at which an item is introduced. This may be waived by a two-thirds vote of the Board.
Voting:
A vote of the majority of the total number of the members of the Board is required to adopt any resolution, or approve any other item before the Board. Where a statute requires a higher percentage to take action on a specific topic, that percentage is required.
Unless required by law or requested by a member of the Board of Education, a roll call vote on any action shall not be required.

Board Discussion:
The Board discussion section of a meeting is an informal opportunity for Board Members to explore issues and share information which might be a part of future agendas.
Topics and/or areas of concern which could require individual thought prior to discussion ought to be shared with other members in a brief descriptive written statement which will be delivered along with the original agenda materials, if possible. If the item is intended for discussion at the upcoming meeting, it should be clearly noted.

Adopted July 30, 1996
Adopted November 1, 2011
Adopted December 6, 2016

2350-E.2 Rules of Debate

Based on Robert’s Rules of Order and notes from “Fundamentals of Parliamentary Law & Procedures by the American Institute of Parliamentarians.”

Definition:

Debate is intentional group thinking. Debate helps the body to become informed on both sides of an issue, enabling it to make a wiser decision. Debate is conducted with formality and courtesy to help preserve order by keeping the exchanges impersonal. We debate a motion, not so much to be heard, but to enlighten and be enlightened.

Rules of Debate:

  • Members must be recognized by the Chair for the right to speak
  • No other member should interrupt while another has the floor
  • Debaters must observe proper decorum

Responsibilities of Members:

  • Every member has the right to share equally in discussion
  • No member should try to monopolize the discussion
  • The member who made the motion has first right to speak to it
  • Members should observe the rules of decorum in debate
  • No member should expect to speak a second time in a debate upon a specific motion as long as members who have not yet spoken desire to speak. (RR, p 384–no member can
    speak more than twice to the same question on the same day)
  • Members should obey the legitimate orders of the Chair

Responsibilities of the Chair:

  • Has the right to recognize who is to speak
  • Has the responsibility to maintain orderly discussion by protecting the rights of speakers
  • Has the responsibility to seek, as nearly as possible, alternate speakers for those who favor the motions as well as those opposed to the motion
  • Has the responsibility to keep the action moving, not permitting any member to monopolize the discussion or prolong repetition of facts
  • Must see that discussion is germane, is relevant and does not wander from the issue.

Reviewed July 30, 1996
Reviewed October 18, 2011
Reviewed December 6, 2016

2351 Quorum

State law establishes that a majority of the total number of the members of the Board of Education constitutes a quorum. A quorum of the Board must always be present to convene a meeting of the Board and to transact business.
Should there be fewer than a quorum present for a regular or special meeting of the Board, the meeting should not be convened, even if no duty is performed or authority exercised until a quorum is actually present. Should attendance during an already convened meeting fall below a quorum, the members present may exercise one of the following three options:

. They may properly recess
. They may adjourn until a specified time they set for an adjourned meeting,
which will be deemed a regular meeting
. They may take measures to obtain a quorum

A vote of the majority of the total number of the members of the Board is required to adopt any resolution, or approve any other action before the Board. The Board has no authority to require a vote in excess of the simple majority set forth in law. Where a statute requires a higher percentage of the total number to pass a resolution, or take action on a specific topic, that percentage is required.
In the event of a meeting in which only the minimum number of members necessary to constitute a quorum are present, final action by the Board may only be taken by the affirmative vote of all members present.

Adopted July 30, 1996
Adopted November 1, 2011
Adopted December 6, 2016

2360 Minutes

The Board of Education believes that open and accurate communication regarding its internal operations enhances the district’s public relations program and provides a record of the district’s progress towards its annual goals.

Therefore, the Board will maintain a complete and accurate set of minutes of each meeting. Such minutes shall be prepared by the District Clerk for review and approval by the Board at the subsequent meeting. The minutes shall constitute the official record of proceedings of the Board and the draft minutes shall be open to public inspection within one week of the meeting. Minutes which have not been approved by the Board within this time frame shall be marked, “DRAFT.” A draft of the minutes of each meeting is to be forwarded to each member of the Board not later than the time the agenda for the next meeting is disseminated. A copy of the minutes of the most recent meeting(s) will be made available in each school and in the district office within a reasonably short time after they have been reviewed by the Board.

All motions, proposals, resolutions, and any other matters formally voted upon by the Board shall be recorded in Board minutes. Unless required by law or requested by a member of the Board of Education, a roll call vote on any action shall not be required. However, the District Clerk shall record in the minutes the individual vote of each member as if there had been a roll call (except in cases where votes are unanimous). The record shall indicate the final vote of each Board member.
If a Board member is not present at the opening of a meeting, the subsequent arrival time of such member shall be indicated in the minutes. Additionally, early departures will be noted in the minutes.

Adopted November 26, 1996
Revised and Adopted December 13, 2011
Revised and Adopted December 6, 2016

2382 Broadcasting & Taping of School Board Meetings

As a meeting of a public body, school board meetings are open to the public so that people can witness and observe the decision making process. To reach members of the community who may not be able to attend, meetings open to the public may be photographed, broadcast, and/or webcast.

The use of photography, or any tape recording device to broadcast or record public meetings of the Board of Education, or any of its committees is permissible as long as the device is unobtrusive and will not distract from the deliberative process of the Board. The Board President or chairperson of the committee shall be informed prior to the meeting that such recordings are being made. The Board President, in turn, will inform attendees at the opening of the meeting.

The Board reserves the right to direct that a digital recording be made to ensure a reliable, accurate, and complete account of Board meetings.
The recordings will be retained and disposed of following the State Education Department’s State Archives and Records Administration Service Records Retention and Disposition Schedule ED-1.

Adopted November 1, 2011
Revised and Adopted May 24, 2016

2390 Board Hearings

The Board of Education shall schedule public hearings in accordance with the law and on occasions when it wishes to gather information and seek opinions on important issues affecting the school district. At the beginning of each hearing the Board may present information on the topic of the hearing. The Board shall take no formal action at a public hearing.

The time and place of the hearings shall be designated in the notice of the hearing. All interested persons or their representatives shall have an opportunity to present facts, views, or arguments relative to ideas or proposals under consideration. Speakers shall be required to give their name and address. Non-residents do not have the privilege of speaking at public hearings except when permission is granted by the chair.

Speakers at public meetings, generally, will be limited to three minutes for their presentation. However, this time limit may be adjusted at the beginning of the meeting by the chair if the size of the audience or the number of requests to speak is small and an increase in the time would not unduly extend the length of the hearing. Any such adjustment in time shall apply to all speakers from the audience.

Any speaker who is out of order may be cautioned by the chair. If such remarks or behavior persists, the speaker’s privilege may be terminated.

Adopted December 10, 1996
Adopted January 8, 2013

2400 Board Policy

A policy is general in nature and is defined as:

• a statement of a goal or objective of the Board of Education, or a statement of a basic principle, intended to guide and direct the Superintendent of Schools and other staff members in initiating leadership efforts or in responding to problems, conditions, or incidents through administrative decisions;
• a direction given by the Board which is general in nature and intended for application and implementation in relation to a variety of problems and contexts over an extended period of time;
• an outcome of Board planning intended both to guide the Board in its functioning and to give direction to the Superintendent and staff in administrative decision making;
• a guideline given by the Board to the administrative staff for use in organizing and supervising the school district; and/or
• a principle adopted by the Board to chart a course of action.

Board policies are statements of governing principles which serve as chief instruments by which the Board oversees the school system.

Adopted December 10, 1996
Revised, Adopted January 8, 2013

2410 Formulation, Adoption and Amendment of Policies

The Board of Education recognizes that the adoption of written policies constitutes the basic method by which the Board exercises its leadership in the operation of the district. Policies may be proposed for adoption, change, or repeal at any regular or special Board meeting, by any member of the school community. The Board delegates to the Superintendent of Schools the responsibility and authority to establish any and all rules, regulations, and/or procedures necessary to implement and maintain its policies.

Accordingly, the Superintendent is directed to participate in the Board’s program of policy revision which includes:

1. periodic review and evaluation of all current Board policy, pursuant to policy 2460, Policy Review and Evaluation;
2. preparation of additional policies as needed;
3. consultation with district staff and community members on an advisory basis; and
4. presentation of proposed policy in draft form to the Board for consideration prior to action.

Since policies often affect the students, employees and/or citizens of the district, the Board shall make a continuing effort to try to involve as many relevant groups as reasonable during policy development. To assure these groups a reasonable opportunity to advise the Board of their reactions to and feelings about proposed policies, no official Board vote shall take place on a policy adoption, change, or repeal at the meeting during which it is first presented to the Board for consideration, unless a 2/3rds majority of the Board determines that it is necessary to do otherwise.

To adopt, change, or repeal a policy requires a majority vote of the entire Board.

Rules and regulations are subject to modification by Board action. Such actions shall be subject to the same approval procedure governing policy adoption as described previously in this section.

The formal adoption of policies shall be recorded in Board minutes. Only those written statements so adopted and so recorded shall be regarded as official Board policy. Every Board and staff member shall have access to policies via the district website.

Adopted December 10, 1996
Revised, Adopted January 8, 2013

2440 Administration in Policy Absence

In cases in which action must be taken where the Board of Education has provided no guidelines for administrative action, the Superintendent of Schools shall have the power to act, but his/her decisions shall be subject to review by the Board. The Superintendent shall inform the Board promptly of such action and of the possible need for policy.

Adopted December 10, 1996
Revised, Adopted January 8, 2013

2450 Policy Dissemination

The Board of Education recognizes the need for widespread familiarity with district policies and regulations, and therefore directs the Superintendent of Schools to implement the following:

1. maintain a current copy of all policies and regulations on the district website;
2. provide to each Board member, for the duration of his/her term, complete and updated policies and regulations on the district website;
3. notify personnel of the availability of, and encourage familiarity with Board policies and regulations;
4. Keep a copy of the Board policy manual in the district office.

Adopted December 10, 1996
Revised, Adopted January 8, 2013

2460 Policy Review and Evaluation

The Board of Education will evaluate the effect of its policies and the manner in which they have been implemented by the administration. In such evaluation, the Board may call upon staff, students and community participation.

The Board directs the Superintendent of Schools to bring to its attention any policy areas in need of revision or new development. The Board shall periodically review all policies to ensure they are up-to-date. If necessary, the Board may note policies which must be reviewed even more frequently.

Board policy may be revised as outlined in Policy 2410, Formulation, Adoption and Amendment of Policy.

Adopted December 10, 1996
Revised, Adopted January 8, 2013

2510 New Board Member Orientation/Required Training

Orientation

The Board of Education and the Administrative staff shall assist each new Board member-elect to become familiar with and to understand the Board’s functions, policies and procedures, and the school district’s operation. Each Board member-elect shall, as soon as possible,

1. be given selected materials covering the function of the Board and the school district, including (a) policies, (b) copies of key reports prepared during the previous year by school Board committees and/or the administration, c) latest financial report of the district, (d)any other materials which may be deemed helpful and informative including but not limited to the School Law Handbook, newspapers, publications, school yearbooks, etc.;
2. be invited to attend all Board meetings and functions, including (at the discretion of the Board) executive sessions, and to participate in discussion. Each new Board member-elect will be subject to the same rules of confidentiality as a seated Board member;
3. be invited to meet with the Superintendent of Schools and other administrative personnel to discuss the services that they perform for the school board and the school district;
4. be invited and encouraged to attend the New York State School Boards Association’s workshop for New School Board Members; and
5. to be given information regarding mandatory fiscal and governance training for new school Board members.

Required Training

Members of the Board of Education elected or appointed for a first term are required by New York State Law, within the first year of his or her term, to complete a mandatory training that includes fiscal oversight responsibilities and governance skills.
These mandatory trainings may be taken together as a single course or separately.
Each member shall demonstrate compliance with these requirements by filing with the District Clerk a certificate of completion of such course issued by the provider. Actual and necessary expenses incurred in complying with this requirement shall be a charge against the school district. In addition, Board members are encouraged to participate in additional educational opportunities offered through NYSSBA, CAPSBA, BOCES, etc.

(Eliminated Policy 2520*)
Adopted February 25, 1997
Revised, Adopted January 8, 2013
*Revised, Adopted May 23, 2017

2521 School Board Conferences, Conventions, Workshops

In recognition of the need for continuing inservice training and development for its members, the Board of Education encourages the participation of all members in meetings and activities of area, state, and national school boards associations, as well as in the activities of other educational groups. Board members are encouraged to study and examine materials received from these organizations as well as publications and tapes available in the Board’s own library.
In order to control both the investment of time and funds necessary to implement this policy, the Board establishes these principles and procedures for its guidance:

1. The Superintendent of Schools will distribute to each Board member listings of school board conferences, conventions, and workshops.
2. The Board will reimburse conference attendees (Board members) for reasonable and necessary expenses not paid for directly by the district.
3. When any Board member attends a conference, convention, or workshop, the member will be expected to share information, recommendations, and materials acquired at the meeting.

The Board will maintain sufficient oversight of these activities so that they do not become a financial burden to the district.

Adopted February 25, 1997
Revised and Adopted June 18, 2013

2530 Membership in School Boards Associations

The Board of Education shall maintain memberships in the Capital District School Boards Association, the New York State School Boards Association, or any other organization the Board deems appropriate.
Board members should take the responsibility to attend association meetings for the purpose of Board development and gathering new information.

Adopted February 25, 1997
Revised and Adopted June 18, 2013

2700 Board-Staff Communications

The success of any school system requires effective communication between the Board of Education and school staff. Such communication is necessary for facilitating proposals for the continuing improvement of the educational program and for the proper disposition of personnel problems which may arise.

The main goal of both the Board and the staff is to provide the best possible educational opportunities for the entire community. To achieve this end, good Board-staff relations must be maintained in a climate of mutual trust and respect.

In accordance with good personnel practice, staff participation in the development of educational and personnel policies will be encouraged and facilitated. The Superintendent will develop appropriate methods to keep staff fully informed of the Board’s priorities, concerns and actions, and for staff to communicate information related to district operations.

All communications and reports to the Board from staff members and staff organizations will be submitted through the Superintendent. All official communications, policies, and directives of staff interest and concern will be communicated to staff members through the Superintendent. However, this will not be construed as denying the right of any staff member to appeal any action of the Superintendent to the Board.

All effective means of facilitating channels of communication between the Board and staff will be used for the mutual benefit of the school system and the community.

Adopted February 25, 1997
Revised and Adopted June 18, 2013

2710 Communication Among Individual Board Members

The Board of Education recognizes its responsibility to adhere to the Open Meetings Law and protect the public’s right to observe its meetings and deliberations. The Board shall adhere to the spirit and intent of this law and agrees that private, informal communication will not be used to replace board meetings.

Voting, action, and/or deliberation by a board may only occur at a meeting during which a quorum of board members has physically convened or convened by means of video-conference.

While individual board members may communicate to share information or expertise, the Board does not condone any communication (i.e., telephone, conference call, mail, or e-mail), directly or serially, which has the intent or effect of circumventing the Open Meetings Law.

Freedom of Information Law

In addition, the Board recognizes communications maintained in some physical form, including e-mail stored in a computer, that are received or prepared for use in board business or containing information relating to board business may be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by state or federal law.

Board members shall avoid reference to confidential information about employees, students or other matters in e-mail communications because of the risk of improper disclosure. Board members shall comply with the same standards as school employees with regard to confidential information.

Adopted May 24, 2011
Adopted February 2, 2016

3100 Superintendent of Schools

The Board of Education shall by a majority vote appoint a Superintendent of Schools for a term not to exceed five years. * The Superintendent shall serve as the chief executive officer of the Board and as such shall carry out the policies established by the Board.

* Note: Superintendents contracts must run a minimum of three years, maximum of five years. However, a Superintendent can be hired non-contractually outside of these terms.

3110 Qualifications of Superintendent

The Superintendent of Schools shall be duly certified as required by the Commissioner’s Regulations.*
The Board of Education reserves the right to set minimum requirements above those of certification for any candidate who seeks the position of Superintendent.

*Note: To be certified, a Superintendent must hold a Baccalaureate and a Master’s degree, and at least 60 hours of graduate study, including 24 hours in school administration and supervision, and an approved administrative/supervisory internship. The internship may be substituted with a one year full time experience in a school administrative or supervisory position. In addition, the Superintendent must have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. The Commissioner of Education may grant special certification to an exceptionally qualified person who fails to meet all the graduate course or school teaching requirements.

Adopted April 8, 1997
Revised and Adopted June 18, 2013

3111 Selection of the Superintendent

The Board of Education recognizes that the selection and appointment of the Superintendent of Schools is among the most important priorities of the Board.

Through its employment policies, the Board will attempt to secure a qualified Superintendent. The selection program will be based upon finding an individual who will devote himself/herself to the education and welfare of the children attending the district’s schools and the efficient and responsible administration of the school system.

The Board will establish a search committee or hire a consultant to recruit and interview candidates for the position of Superintendent. The responsibilities of the search
committee/consultant and the procedures to be followed will be clearly established by the Board prior to the commencement of the recruitment process. The committee, if not experienced in the recruitment of administrative personnel, will undergo training so that the process may be conducted in an efficient manner.

Recruiting procedures shall enable the Board to seek qualified candidates from a variety of sources. The Board adheres to the practice of recruiting and hiring personnel without regard to religion, race, creed, color, national origin, sex, marital status, or disability. The committee and the consultant will have the responsibility to determine that the candidates meet certification and other requirements established by the Education Law and the Regulations of the Commissioner of Education for the position of Superintendent.

Upon selecting a new Superintendent, the Board will negotiate the terms and conditions of employment with the successful candidate.

Adopted April 8, 1997
Revised and Adopted June 18, 2013

3120 Duties of the Superintendent

The Superintendent of Schools, as chief executive officer of the Board of Education, will have the following specific powers and duties:

Relationship with the Board

1. to serve as the executive officer for the Board and be charged with the responsibility for implementing the policies of the Board. He/She shall work with the Board President in planning the agenda for each meeting, shall attend all meetings and participate in all regular and special meetings of the Board and executive meetings of the Board at the Board’s request;
2. to develop a harmonious and close working relationship with the Board, and to promote the effective and respectful communication of all points of view. He/She shall treat all Board members impartially and alike, refraining from criticism of individual or group members of the Board. He/She shall go to the Board when serious differences of opinion arise in an earnest effort to resolve such differences immediately;
3. to serve as a resource person and advisor to the Board. He/She shall keep the Board informed on issues, needs, and operation of the school system. He/She shall offer advice to the Board, based on thorough study and analysis, on items requiring Board action;
4. to provide a continuous appraisal of all school policies originating with the Board. He/She shall advise the Board on the need for new and/or revised policies and suggest draft policies to satisfy those needs;

Educational Leadership and Direction

5. to develop administrative principles and procedures for implementing Board policy. He/She shall ensure the enforcement of all provisions of law, rules and regulations, and Board policy relating to the management of the schools and other educational, social and recreational activities. He/She shall interpret for the staff all Board policies and applicable laws, rules and regulations;
6. to understand and keep informed on all aspects of the instructional program at all levels. He/She shall have responsibility for the supervision of instruction and shall bring to the school, in a leadership capacity, the best in educational thought and practice. He/She shall, on a continuing basis, review and update the educational program of the school, and keep the Board informed of all changes in curriculum;
7. to recommend to the Board for its adoption all courses of study, curriculum guides and textbooks to be used in the schools;
8. to encourage a positive approach to student behavior and discipline;

Personnel

9. to develop and implement sound personnel practices, consistent with law, board policy and collective bargaining agreements, including recruitment, hiring, assignment, supervision, evaluation, promotion, and discipline of all personnel. He/She shall develop procedures for the selection of staff members. He/She shall establish standards for teacher selection, and shall provide a framework for continuing in-service training of all professional staff members;

10. to recruit qualified professional, civil service, and non-certified personnel. He/She may authorize the payment of part or all of the expenses of candidates for teaching positions if the candidates are asked to come to the district for visits or interviews;
11. to nominate employees for appointment, promotion, transfer or dismissal in accordance with the policies of the board and the procedures outlined by the law. He/She shall make recommendations to the Board regarding salary and tenure of all employees. He/She may temporarily suspend any employee for cause and shall promptly report such suspension to the members of the Board. Unless otherwise determined by the Board, he/she is authorized to reemploy all employees upon the adoption by the Board of the budget for the following year;
12. to supervise and evaluate all staff members. He/She shall work for good morale and be impartial, firm and fair in dealing with staff;
13. to encourage in-service education and the professional growth of staff through conferences, workshops, group discussions, committee/individual studies and use of consultants;
14. to advise the Board, in conjunction with the Board-designated negotiator(s), in all collective bargaining matters;

Financial Management

15. to prepare and present to the Board a preliminary annual budget in accordance with a schedule established with the Board. He/She is responsible for ensuring that the budget, as adopted by the Board and approved at the annual meeting, is properly administered. He/She shall ensure that regular reports are made to the Board on the status of the budget;
16. to establish efficient procedures to maximize income, safeguard investments and provide effective controls for all expenditures of school funds in accordance with the adopted budget. He/She shall ensure that all necessary bookkeeping and accounting records are maintained by the district;

Facilities Management

17. to supervise operations, maintenance, alterations and repair to buildings and grounds, insisting on competent and efficient performance;
18. to evaluate plant needs and recommend to the Board improvements, alterations and changes in the buildings and equipment of the district;

Community Relations

19. to supervise the public relations activities of the district. He/She shall keep the public informed about the policies, practices, and problems in the district’s schools, and provide leadership in changing attitudes and practices for the future. He/She shall develop friendly and cooperative relationships with the news media;
20. to establish and maintain an effective working relationship with all segments of the community: parent-teacher organizations, local and state government, other school systems, institutions, agencies, civic organizations, and the general public. He/She shall solicit and give attention to problems and opinions of all groups and individuals;

Personal Qualities and Growth

21. to demonstrate outstanding qualities of leadership with ability to delegate authority and responsibility effectively and to hold subordinates accountable;
22. to exhibit good judgment, common sense and perception;
23. to exhibit the ability to face controversy, remain true to convictions and to live with a high-pressure job;
24. to speak well before large and small groups, expressing ideas in a logical and forthright manner;
25. to maintain professional development by reading and course work, attending conferences, working on professional committees, visiting other districts, and meeting with other superintendents;

Management Functions

26. to coordinate and manage the district so that the school organization operates smoothly and efficiently. He/She must be able to coordinate the processes essential to achieving a smooth operation in all areas of the school district organization:
• Planning: determining needs, objectives and goals;
• Organization: assigning roles, responsibilities and establishing lines of communication;
• Control: ensuring that progress is being made toward priorities, disciplining, making necessary staff reallocations and changes and evaluations;
• Decision-making: data-collecting, analyzing data and choosing appropriately from a variety of decision-making techniques;
• Problem-solving: sensitivityto problems, formulating problem statements, and using a variety of problem solving techniques;
• Communication: giving and receiving information effectively both orally and in writing, facilitating the exchange of information, views and opinions; and
27. to develop regulations which stipulate appropriate internal controls which comply with State/Federal laws and that such regulations shall be appended to this document.
28. to perform such other duties as the Board may determine.

Note: This is a sample list of Superintendent’s Duties. It may be used along with the sample Superintendent’s Evaluation, Policy 0320-E. If used in this manner, any changes made to the list of duties should be reflected in the evaluation and vice versa.

Adopted April 8, 1997
Revised and Adopted June 9, 1998
Revised and Adopted June 18, 2013

3200 Administrative Organization

The Superintendent of Schools is the chief executive officer of the district. He or she is directed to establish how administrative decisions are to be made and executed in his/her absence. If the Superintendent is unavailable or unable to make such designation(s), the Board President is authorized to designate an appropriate individual or individuals to temporarily carry on the duties of the Superintendent until the Board of Education can be convened to address the situation.

Adopted April 8, 1997
Revised, Adopted June 17, 2014

3210 Administrative Team

The Board of Education recognizes that the qualityof the district’s schools is in large measure dependent upon securing maximum participation of all members of the leadership team.

The leadership team concept is recognized as an arrangement for responsible and appropriate involvement of administrative personnel in decision making. The Board believes the team approach to leadership best capitalizes upon shared strengths in cooperative decision making.

The Superintendent is directed to provide for placing into operation the provisions for implementing a leadership team concept for school administration.

Adopted April 8, 1997
Revised, Adopted June 17, 2014

3230 Organization Chart

The Superintendent of Schools shall maintain a current administrative organization chart showing the relationship among the various administrators and staff.

Adopted April 8, 1997
Revised, Adopted November 5, 2014

3240 Line and Staff Relations

The following principles shall govern the administrative operation of the school system:

1. The Superintendent of Schools shall have specific responsibility for overseeing district programs and services.
2. Each employee in the school system shall be responsible to the Board through the Superintendent. Responsibility shall flow from the Board of Education, to the Superintendent, to the district staff.
3. Each member of the staff shall be informed as to whom he/she is responsible and for what functions.
4. Whenever possible, each member of the staff shall be made responsible to only one immediate supervisor for any one function.
5. All employees shall have the right to appeal any decision made by an administrative officer to the next higher authority and through appropriate successive steps to the Board. Each staff member shall be informed as to whom he/she can appeal in case of disagreement with an immediate superior.

Adopted April 8, 1997
Revised, Adopted June 17, 2014

3250 School Building Administration

The Superintendent of Schools will delegate administrative authority to the Building Principal of each school and to his/her assistant(s) within the district’s system for the internal management of the schools, within established Board of Education policy and administrative regulations.

Adopted April 8, 1997
Reviewed, Adopted June 17, 2014

3300 Policy Implementation

The execution, administration and enforcement of all policies of the district is the responsibility of the Superintendent of Schools. He/She shall report to and be accountable to the Board of Education and not any officer, committee or individual member of the Board, in fulfilling this responsibility.

Adopted April 8, 1997
Reviewed, Adopted April 9, 2013

3310 Development of Regulations

Regulations set forth the procedures for implementing policies. The Superintendent of Schools shall be responsible for developing regulations consistent with policies of the Board of Education and for modifying regulations as deemed necessary. In developing regulations, the Superintendent shall, whenever feasible, seek the advice and opinions of any staff member who will be affected by the proposed regulations, and establish procedures to ensure that such advice and opinions are received.
The Superintendent shall give due weight to the opinions of staff, including those offered by representatives of any bargaining units. The Superintendent shall inform the Board of any advice or opinions given by staff in presenting reports of administrative action or when presenting recommendations for action by the Board.

Adopted April 8, 1997
Reviewed, Adopted April 9, 2013

3320 Board Review of Regulations

The Board may review any regulation, at its discretion, to determine whether the regulation conforms with adopted policy.

Adopted April 8, 1997
Reviewed, Adopted April 9, 2013

3330 Regulations Dissemination

Regulations promulgated by the Superintendent of Schools shall be included in the district policy manual and disseminated in the same manner as Board of Education policies.

Adopted April 8, 1997
Reviewed, Adopted April 9, 2013

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