6100 Annual Budget
The school budget development is the legal basis for the establishment of the tax levy. It is the official document that describes the programs to be conducted during a given period of time. It is the operational plan, stated in financial terms, for the conduct of all programs in the school system.
The annual school budget process is important to school district operations and serves as a means to improve communications within the school organization and with the residents of the school community.
The budget will be presented to the public in three components (to be voted upon as one proposition):
- a program component, which includes all program expenditures of the district, including the salaries and benefits of teachers and any school administrators or supervisors who spend a majority of their time performing teaching duties, and all transportation operating expenses;
- a capital component, which includes all transportation capital, debt service and lease expenditures; costs resulting from court judgments, administrative orders or settled or compromised claims; and all facilities costs of the district, including facilities lease expenditures, annual debt service and total debt for all facilities financed by bonds and notes of the district, and costs of construction, acquisition, reconstruction, rehabilitation or improvement of school buildings, provided that the budget shall include a rental, operations and maintenance section that includes base rent costs, total rent costs, operation and maintenance charges, cost per square foot for each facility leased by the district, and all expenditures associated with custodial salaries and benefits, service contracts, supplies, utilities, and maintenance and repair of school facilities;
- an administrative component, which includes office and central administrative expenses, traveling expenses, and all compensation, salaries and benefits of all school administrators and supervisors, all expenditures associated with the operation of the school board, the office of the Superintendent of Schools, general administration, the school business office, any consulting costs not directly related to direct student services and programs, planning, and all other administrative activities.
In addition, each component must be separately delineated in accordance with Regulations of the Commissioner. The budget will categorize revenues, property tax refunds, expenditures, budget transfers and fund balance information, and will be formatted to show changes in the data as compared with the previous year. Finally, the budget will be written in plain language and organized in a manner which best promotes the public’s understanding of its contents.
The budget will be completed at least seven days before the public hearing at which the Board will present the budget to the voters. Copies of the budget will be made available upon request to residents within the district (not just district taxpayers) during the 14 days preceding the date of the annual election and budget vote at each school building in the district, at the school district offices, and at any public library or free association library within the district, during normal business hours on each day other than Saturday, Sunday or holidays, as well as on the school district’s internet website, www.guilderlandschools.org. In addition, at least once during the school year, the Board will include in a district-wide mailing, notice of the availability of copies of the budget.
The following documents will be attached to the budget:
- a detailed statement of the total compensation to be paid to the Superintendent of Schools, and any assistant or associate superintendent in the coming school year, including a delineation of the salary, annualized cost of benefits and any in-kind or other form of remuneration;
- a list of all other school administrators and supervisors, if any, whose annual salary will be at or above the amount designated by the State Education Department in the coming year, along with their title and annual salary;
- a school district report card detailing the academic and fiscal performance of the district; and
- a property tax report card prepared pursuant to the Education Law and the Regulations of the Commissioner of Education, including information on the tax levy limit.
If the proposed budget increases the property tax levy by more than either 2% or the rate of inflation as calculated by the formulas set forth in Education Law section 2023-a (whichever is less), it requires a supermajority of 60% in order to pass.
The Board may not submit the proposed budget or a related proposition to the voters more than twice. If the voters fail to approve the proposed budget or budget proposition after the second submission, or if the Board elects not to put the proposed budget to a public vote a second time, the Board must adopt a contingency budget with a tax levy of 0% increase (i.e., less than or equal to the tax levy of the previous year).
The Board may use district monies to present educational and informational material about the annual budget and related information to the voters. It shall not, however, use these funds to urge voters to cast their ballots in a particular fashion.
Ref: Education Law §§1608; 1716; 1804(4); 1906(1); 2008(2); 2021; 2002(1); 2022(2); 2023;
2023-a; 2035(2); 2601-a
General Municipal Law §36
Phillips v. Maurer, 67 NY2d 672 (1986)
Fiscal Management (NYSSBA, 1997)
Hartman, William T., “Participatory Budgeting in High School”, Planning and Changing, Spring 1989, vol. 20, no. 1.
Adopted June 9, 1998 (Replaced January 24, 2012)
Adopted January 24, 2012
Reviewed and Adopted November 19, 2019
6110 Budget Planning
The Superintendent of Schools, with the assistance of the Assistant Superintendent for Business, shall be responsible for preparation of the budget. This shall include developing a budget calendar in accordance with regulation 6110-R, and adhering to that calendar. The budget calendar shall be approved by the Board of Education in advance of the preparation of the district’s annual budget.
The budget shall be designed to reflect the Board’s objectives for the education of the children of the district. In order to provide an adequate accounting for each program expenditure, an understanding of the financial needs of anticipated program developments, and be within the financial limitations of the district, the budget shall be carefully organized and planned. The budget shall take into consideration the statutory limits on the tax levy, and the possibility of voters overriding the limit if necessary. To assist in budget and long-range planning, ongoing studies of the district’s educational programs will include estimates of the fiscal implications of each program.
The budget for the ensuing school year shall be thoroughly reviewed by the Board before its presentation to the voters for final adoption.
Cross-ref: 2260, Citizens Advisory Committees
Ref: Education Law §§1608(2)-(4); 1716(2)-(4); 1804(4); 1906(1); 2002(1); 2003(1); 2004(1);
2022(2); 2023; 2023-a; 2601-a
Fiscal Management (NYSSBA, 1997)
Adopted June 23, 1998 (Replaced)
Adopted January 24, 2012
Reviewed and Adopted November 19, 2019
6110-R Budget Planning Regulations
The budget calendar prepared by the Superintendent of Schools shall include:
- a schedule which sets forth all important meetings and dates, for budget proposals from within the district;
- commencement dates and deadlines for certain budgetary tasks such as the estimation of all revenues and income expected to be received by the district;
- events such as the preliminary dates for the Board of Education’s consideration of the tentative budget.
As part of the budget planning process, the Superintendent or Assistant Superintendent for Business will evaluate:
- the educational philosophy, goals and objectives of the district and their modification where required;
- the district education program and support systems such as transportation, building operation and maintenance, and business affairs;
- census and enrollment projections;
- debt service schedules;
- the tax levy limit for the upcoming year and the possibility of voters overriding the limit if necessary; and
- estimated revenue from sources other than the property tax, such as state and federal aid.
Reviewed October 20, 1998 (Replaced)
Reviewed January 10, 2012
Reviewed and Adopted November 19, 2019
6120 Budget Hearing
The Board of Education will hold an annual budget hearing at which it will present a detailed proposed budget for the following school year. The purpose of the budget hearing is to inform the public of the contents of the budget and to provide an explanation and justification for the decisions the proposed budget reflects.
The budget hearing will be held not less than seven nor more than 14 days prior to the annual district election, at which the district’s voters will vote on the budget. The proposed budget will be completed at least seven days before the budget hearing. A copy of the proposed budget may be obtained by any district resident (not just district taxpayers) at each school, the school district offices, and any public library or free association library within the district, during normal hours of operation or certain designated hours on each day (other than a Saturday, Sunday or holiday), as well as on the school district’s internet website, www.guilderlandschools.org during the 14 day period immediately preceding the annual district election.
Notice of the date, time and place of the annual budget hearing will be contained in the notice of the annual district election and budget vote.
Cross-ref: 1050, Annual District Election and Budget Vote 2120, School Board Elections
2120.1, Candidates and Campaigning
Ref: Education Law §§1608; 1716; 1804(4); 1906(1); 2002(1); 2003(1); 2004(1); 2002(1); 2601-a(2)
Adopted May 12, 1998 (replaced January 24, 2012)
Adopted January 24, 2012
Revised and Adopted November 19, 2019
The objectives of the district’s investment policy are to safeguard district funds and to minimize risk, to ensure that investments mature when cash is required to finance operations and to ensure a competitive rate of return. In accordance with this policy, the Treasurer or his/her designee is authorized to invest and/or deposit all funds, including proceeds of obligations and reserve funds, in time-deposit accounts, certificates of deposit, short-term government securities, repurchase agreements or other investment instruments permitted by law, subject to the investment regulations approved by the Board of Education.
To the extent feasible, investments and deposits shall be made in and through local or regional financial institutions. Concentration of investments in a single financial institution should be avoided. Diversification of investments and deposits is encouraged. Investments may be made either directly from an authorized trading partner, or by participation in a cooperative investment agreement with other authorized municipal corporations pursuant to General Municipal Law Article 5-G and in accordance with General Municipal Law Article 3-A.
This policy will be annually reviewed by the Board and may be amended from time to time in accordance with the provisions of section 39 of the General Municipal Law.
Adopted May 12, 1998
Revised and Adopted January 24, 2012
Adopted July 1, 2015
Revised and Adopted January 23, 2018
6240-R Investments Regulation
A. The Treasurer is authorized to invest all available district funds, including proceeds of obligations and Reserve Funds, in the following types of investment instruments:
Savings Accounts or Money Market Accounts of designated banks;
Certificates of Deposit issued by a bank or trust company located in and authorized to do business in New York State;
Demand Deposit Accounts in a bank or trust company located in and authorized to do business in New York State; Obligations of New York State; Obligations of the United States Government (U.S. Treasury Bills and Notes);
Repurchase Agreements involving the purchase and sale of direct obligations of the United States;
B. All funds may be invested in Revenue Anticipation Notes or Tax Anticipation Notes of other school districts and municipalities, with the approval of the State Comptroller.
C. Only Reserve Funds established by section 6-d, 6-j, 6-l, 6-m and 6-n of the General Municipal Law may be invested in obligations of the school district.
Direct or Cooperative Investments
Investments may be made either directly from an authorized trading partner, or by participation in a cooperative investment agreement.
A. Cooperative investment agreements may be made with certain municipal corporations: any New York State county (outside New York City), city, town, village, BOCES, fire district, or school district, pursuant to General Municipal Law Article 5-G.
B. Cooperative investment agreements, pursuant to General Municipal Law Article 3-A, must address: the governing board of the cooperative, lead participant, proportional interest, the cooperative’s investment policy, contributions and distributions, apportionment of administrative expenses and costs, methodology to determine participants’ interest, determination of market value at least monthly, portfolio interest rate testing at least monthly, irrevocable letter of credit, professional services, contribution confirmations, monthly statements, notification of distribution deferrals or unanticipated losses or material adverse events, annual independent audit, annual information statements, annual investment reports, and governing board rating disclosure.
All direct investments made pursuant to this investment policy will comply with the following conditions:
1. Savings accounts, money market accounts, time deposit accounts and certificates of deposit will be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State, the United States, New York State school districts and federal agencies whose principal and interest are guaranteed by the United States. The market value of collateral will at all times exceed the principal amount of the certificate of deposit. Collateral will be monitored no less frequently than on a weekly basis.
2. Collateral will not be required with respect to the direct purchase of obligations of New York State, the United States and federal agencies, the principal and interest of which are guaranteed by the United States Government.
B. Delivery of Securities
1. Payment of funds may only be made upon receipt of collateral or other acceptable form of security, or upon the delivery of government obligations whether such obligations are purchased outright, or pursuant to a repurchase agreement. Written confirmation of delivery shall be obtained from the custodial bank.
2. Every Repurchase Agreement will make payment to the seller contingent upon the seller’s delivery of obligations of the United States to the Custodial Bank designated by the school district, which shall not be the repurchase, or in the case of a book-entry transaction, when the obligations of the United States are credited to the Custodian’s Federal Reserve account. The seller will not be entitled to substitute securities. Repurchase agreements shall be for periods of 30 days or less. The Custodial Bank shall confirm all transactions in writing to insure that the school district’s ownership of the securities is properly reflected in the records of the Custodial Bank.
C. Written Contracts
1. Written contracts are required for certificates of deposit and custodial undertakings and Repurchase Agreements. With respect to the purchase of direct obligations of
U. S., New York State, or other governmental entities in which monies may be invested, the interests of the school district will be adequately protected by conditioning payment on the physical delivery of purchased securities to the school district or custodian, or in the case of book-entry transactions, on the crediting of purchased securities to the Custodian’s Federal Reserve System account. All purchases will be confirmed promptly in writing to the school district.
2. The following written contracts are required:
a. Written agreements will be required for the purchase of all certificates of deposit.
b. A written contract will be required with the Custodial Bank(s).
c. Written contracts shall be required for all Repurchase Agreements. Only credit-worthy banks and primary reporting dealers shall be qualified to enter into a Repurchase Agreement with the school district.
The written contract will stipulate that only obligations of the United States may be purchased and that the school district shall make payment upon delivery of the securities or the appropriate book-entry of the purchased securities. No specific repurchase agreement will be entered into unless a master repurchase agreement has been executed between the school district and the trading partners. While the term of the master repurchase agreement may be for a reasonable length of time, a specific repurchase agreement will not exceed thirty (30) days.
D. Designation of Custodial Bank
1. The Board will designate a commercial bank or trust company authorized to do business in the State of New York to act as Custodial Bank of the school district’s investments. However, securities may not be purchased through a Repurchase Agreement with the Custodial Bank.
2. When purchasing eligible securities, the seller will be required to transfer the securities to the district’s Custodial Bank.
E. Selection of Financial Institutions
1. The Treasurer will periodically monitor, to the extent practical but not less than annually, the financial strength, credit-worthiness, experience, size and any other criteria of importance to the district, of all institutions and trading partners through which the district’s investments are made.
2. Investments in time deposits and certificates of deposit are to be made only with commercial banks or trust companies, as permitted by law.
F. Operations, Audit, and Reporting
1. The Treasurer or designee will authorize the purchase and sale of all securities and execute contracts for investments and deposits on behalf of the school district. Oral directions concerning the purchase or sale of securities will be confirmed in writing. The school district will pay for purchased securities upon the simultaneous delivery or book-entry thereof.
2. The school district will encourage the purchase and sale of securities through a competitive process involving telephone solicitation for at least three quotations.
3. The independent auditors will audit the investment proceeds of the school district for compliance with the provisions of this Investment Regulation.
4. Monthly investment reports will be furnished to the Board of Education.
Reviewed January 23, 2018
6240- E Investments Exhibit
(I) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States government sponsored corporation.
(ii) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the InterAmerican Development Bank, the Asian Development Bank, and the African Development Bank.
(iii) Obligations partially insured or guaranteed by any agency of the United States of America, at a proportion of the market value of the obligation that represents the amount of the insurance or guaranty.
(iv) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation of such state or obligations of any public benefit corporation which under a specific state statute may be accepted as security for deposit of public moneys.
Reviewed April 28, 1998
Reviewed January 10, 2012
6245 Fund Balance and Governmental Fund Type Definitions
The Board of Education recognizes that the maintenance of a fund balance is essential to the preservation of the financial integrity of the school district and is fiscally advantageous for both the District and the taxpayer. Unanticipated events may occur that could adversely affect the financial condition of the District and jeopardize the continuation of necessary public services. Accordingly, this policy is intended to guide the District regarding maintenance of adequate fund balances and reserves in order to:
a. Provide sufficient cash flow for daily financial needs
b. Secure and maintain investment grade bond ratings
c. Offset significant economic downturns or revenue shortfalls
d. Provide funds for unforeseen expenditures relating to emergencies
The Board of Education also recognizes the need to enhance the usefulness of fund balance information by providing clear fund balance classifications and clarifying governmental fund type definitions in accordance with Statement No. 54 of the Government Accounting Standards Board (GASB): Fund Balance Reporting and Governmental Fund Type Definitions.
Fund balance definition: Fund balance is a measurement of available financial resources calculated as the difference between total assets and total liabilities in each fund.
Fund type definitions: The following definitions will be used in reporting activity in governmental funds across the District. The District may or may not report in all fund types in any given reporting period, based on actual circumstances and activity.
The general fund is used to account for and report all financial resources not reported in other funds.
Special revenue funds are used to account for and report the proceeds of special revenue sources that are restricted or committed to expenditures for specific purposes other than debt service or capital projects.
Capital project funds are used to account for and report financial resources restricted, committed or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets.
Debt service funds are used to account for and report financial resources that are restricted, committed or assigned to expenditure for principal and interest.
Permanent funds are used to account for and report resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support programs for the benefit of the District.
Fund balance reporting in governmental funds: Fund balance will be reported in governmental funds under the following categories using the definitions provided by GASB Statement No. 54
Nonspendable fund balance
Definition – consists of assets that are inherently nonspendable in the current period either because of their form or because they must be maintained intact, including prepaid items, inventories, long-term portions of loans receivable, financial assets for resale and principal endowments.
Classification – Nonspendable amounts will be determined before all other classifications and consist of the following items (as applicable in any given fiscal year):
The District will maintain a fund balance equal to the value of inventory balances and prepaid items (to the extent that such balances are not offset with liabilities and actually result in fund balance)
The District will maintain a fund balance equal to the value of long-term portions of loan receivables and financial assets for resale
The District will maintain a fund balance equal to the corpus (principal) of any permanent funds that are legally or contractually required to be maintained intact
Restricted fund balance
Definition – consists of amounts that are subject to externally enforceable legal purpose restrictions imposed by creditors, grantors, contributors, or laws and regulations of other governments; or through constitutional provisions or enabling legislation.
Committed fund balance
Definition – consists of amounts that are subject to a purpose constraint imposed by a formal action of the government’s highest level of decision making authority (Board of Education) before the end of the fiscal year, and that require the same level of formal action to remove the constraint.
Authority to Commit – Commitments will only be used for specific purposes pursuant to a formal action of the Board of Education. A majority vote is required to approve a commitment or to remove a commitment.
Assigned fund balance
Definition – consists of amounts that are subject to a purpose constraint that represents an intended use established by the government’s highest level of decision-making authority (Board of Education), or by their designated body or official. The purpose of the assignment must be narrower than the purpose of the general fund; and in funds other than the general fund, assigned fund balance represents the residual amount of fund balance.
Authority to Assign – The Board of Education delegates to the Superintendent, School Business Official or designee the authority to assign amounts to be used for specific purposes. Such assignments cannot exceed the available (spendable, unrestricted, uncommitted) funds balance in any particular fund.
Unassigned fund balance
Definition – represents the residual classification for the government’s general fund, and could report a surplus or a deficit. In funds other than the general fund, the unassigned classification should be used only to report a deficit balance from overspending for specific purposes for which the amounts had been restricted, committed or assigned.
Operational guidelines: The following guidelines address the classification and use of fund balance in governmental funds:
Classifying fund balance amounts – Fund balance classifications depict the nature of the net resources that are reported in a governmental fund. An individual governmental fund may include nonspendable resources and amounts that are restricted, committed, or assigned, or any combination of those classifications. The general fund may also include an unassigned amount.
Encumbrance reporting – Encumbering amounts for specific purposes for which resources have already been restricted, committed or assigned should not result in separate display of encumbered amounts. Encumbered amounts for specific purposes for which amounts have not been previously restricted, committed or assigned, will be classified as committed or assigned, as appropriate, based on the definitions and criteria set forth in GASB Statement No. 54.
Prioritization of fund balance use – When an expenditure is incurred for purposes for which both restricted and unrestricted (committed, assigned, or unassigned) amounts are available, it shall be the policy of the District for the Superintendent, School Business Official or designee to determine the order of the expenditure of funds, on an annual basis.
Minimum unassigned fund balance – Real Property Tax Law Sec. 1318 limits the amount of unexpended surplus funds a school district can retain to no more than four percent of the next year’s budgetary appropriations. Funds properly retained under other sections of the law (i.e. reserves established pursuant to General Municipal Law or Education Law) are excluded from the four percent limitation. In the context of previous fund balance reporting, an unexpended surplus was interpreted to be synonymous with unappropriated, unreserved fund balance. Under GASB 54 fund balance classifications, the four percent limitation will be interpreted to be applied to unrestricted fund balance (i.e. the total of the committed, assigned and unassigned classifications) less appropriated fund balance, amounts reserved for insurance recovery, amounts reserved for tax reduction, and encumbrances included in committed and assigned fund balance. The District will strive to maintain a minimum unassigned fund balance as defined above in its general fund ranging from three percent to four percent (or the maximum level authorized by the State of New York) of the subsequent year’s budgeted expenditures. This minimum fund balance is to protect against cash flow shortfalls related to timing of projected revenue receipts and to maintain a strong bond rating:
Replenishing deficiencies – When minimum unassigned fund balance in the general fund falls below the minimum three percent range, the District will replenish shortages/deficiencies using the budget strategies and timeframes described below.
The District will utilize budgetary strategies such as reducing recurring expenditures to eliminate any structural deficit, increasing revenues or pursuing other funding sources, or applying a combination of both options. The District shall strive to replenish deficiencies within the following time periods:
• For a deficiency resulting in a minimum fund balance below 1 percent, the District shall strive to replenish such amount over a period not to exceed five years.
• For a deficiency resulting in a minimum fund balance between 1 and 2 percent, the District shall strive to replenish such amount over a period not to exceed three years.
Implementation and review: The Board of Education authorizes the Superintendent or designee to establish any standards and procedures which may be necessary for policy implementation. The policy and procedures promulgated under it shall supersede all previous regulations regarding the District’s fund balance. The policy shall be subject to periodic review and revision by the Board of Education.
Adopted June 16, 2015
6410 Authorized Signatures
The Board of Education authorizes the signature on checks issued against all accounts of the school district to be that of the Treasurer or, in his/her absence, the Deputy Treasurer.
The Board hereby authorizes the use of electronic signature disks or flash drives that are password protected and which should be secured in a locked location under the control of the Treasurer and Deputy Treasurer.
The Treasurer/Deputy Treasurer shall be present and shall control the affixing of his/her signature when checks are run. He or she should maintain a log of checks signed and should verify the sequence of check numbers that are used. The signing of blank checks is expressly forbidden.
Extra classroom activity fund checks shall be signed by both the Central Treasurer of the extracurricular activity fund and the Building Principal.
Contracts authorized by Board resolution shall be signed by the Board President or in his/her absence the Vice-President or Superintendent of Schools, unless a different signatory is identified in the Board resolution. Purchase orders for goods and/or services identified in the various budget codes of the school district budget may be executed by the Purchasing Agent or Deputy Purchasing Agent responsible for the procurement of such goods and/or services.
The Board authorizes the payment in advance of audit of claims for all public utility services, postage, freight and express charges, in accordance with law.
Adopted February 15, 2011
Revised, Adopted April 12, 2016
6415 Electronic or Wire Transfers
The objectives of the District’s wire transfer policy is to safeguard district funds and to minimize the risk for any misappropriation of funds related to on-line banking wire transfers. The District shall establish internal controls and procedures aimed at segregating, recording and authorizing functions with the objective of minimizing risk. It shall also enter into written agreements with its banking institution for wire transfers that identifies authorized individuals and maintains separate permissions for initiating a wire transfer and for approving the wire. The District and the Bank shall implement a token system that only allows the release of a wire by an authorized initiator of the wire transfer who is separate from the individual who approves the wire.
The District will only initiate a wire through a stand-alone computer that is dedicated to on-line banking. Only authorized users will be granted access to the stand-alone computer. Electronic wire transfers must be authorized by Internal Claims Auditor before they are released by the Bank. However, the Superintendent or his or her designee must authorize any wires outside the United States or Canada. Also, any wire of $250,000 or greater requires the authorization of the
Assistant Superintendent for Business or his or her designee before the wire is released from the Bank. The Internal Claims Auditor, as part of the review of cash disbursements, will confirm that all wire transfers are accompanied by the proper supporting documentation and have the appropriate authorized signatures.
Ref: Education Law Section 2116-a
General Municipal Law Article 2 Section 5-a
Adopted June 19, 2012
Revised and Adopted December 18, 2018
6415-R Electronic or Wire Transfers Procedures
Electronic Wire Transfers
- The Account Clerk(s) or Treasurer will prepare the supporting documentation for the wire transfer of funds and initiate the transfer.
- The Internal Claims Auditor or his or her designee will review the supporting documentation and authorize the wire transfer by signing the pending release wire statement.
- A second individual with authorization rights, apart from the initiator of the wire, will logon to the on-line banking system and review the transaction and supporting documentation. He or she, using an assigned token, will release the wire.
- The Internal Claims Auditor will review the wire disbursement after the release of the wire as part of the cash disbursement review.
Manual Wire Transfers
- For manual wires the Account Clerk(s) or Treasurer will complete a Wire Transfer Request Form from the Bank and sign the form. The Internal Claims Auditor and Assistant Superintendent for Business or his or her designee must also sign the form before the transfer is executed.
- The form is then sent to the Bank for its review. The Bank will confirm by email to the Treasurer once the wire has been authorized and will be released.
- The Internal Claims Auditor will review the wire disbursement after the release of the wire as part of the cash disbursement review.
Reviewed June 19, 2012
Revised and Reviewed December 18, 2018
6600 Fiscal Accounting and Reporting
The Board of Education insists on clear, complete, and detailed accounting of all financial transactions for which the Board is held accountable.
Accounting and Reporting Systems
The system of accounts will conform to the Uniform System of Accounts for School Districts, as defined by the State Comptroller’s Office. In addition, accounting and reporting will adhere to generally accepted governmental accounting standards. The accounting system will yield information necessary for the Board to make policy decisions and perform its oversight function.
The Board directs the Assistant Superintendent for Business to keep informed of changes in state and/or Government Accounting Standards Board (GASB) accounting requirements and implement changes, as appropriate. The Board expects that the Assistant Superintendent for Business will communicate new standards and/or requirements to the Board, as necessary, so that the Board can carry out its responsibilities.
Proposed expenditures will be budgeted under and the actual expenditures will be charged to categories that most accurately describe the purpose for which monies are to be spent.
The Board directs the Treasurer to keep it informed of the financial status of the district through monthly cash reconciliation and budget status reports and annual fiscal reports, including periodic projections of the end of year fund balance. The Treasurer should highlight any deviation in actual fiscal conditions from planned fiscal conditions and offer recommendations to the Board to remedy the situation. The Assistant Superintendent for Business will prepare and submit, through the Superintendent, to the Board and the Commissioner of Education, such reports as are prescribed by law. These shall be filed with appropriate governmental bodies as required under law or regulation. The district will cooperate with governmental agencies and research organizations as required by law for data concerning the fiscal operations of the district.
The district shall be audited annually by an independent certified public accountant or a public accountant. The auditor’s report shall be adopted by resolution and a copy shall be filed with the Commissioner of Education.
The Superintendent is hereby directed to respond to all audit findings and recommendations. Such response is to include a statement of the corrective actions taken or proposed to be taken, or if action is not taken or proposed, an explanation of reasons, as well as a statement on the status of corrective actions taken on findings or recommendations contained in any previous report of examination or external audit, or any management letter for which a response was required.
The Superintendent shall also ensure that the provisions contained in the General Municipal Law in regard to audit reports are followed.
Cross-ref: 1120, School District Records
Ref: Education Law §§1610; 1721; 2117; 2528; 2577; 2590-i
General Municipal Law §§33; 34
8 NYCRR §§155.1; 170.1; 170.2
Adopted June 6, 2011
Adopted March 6, 2012
Reviewed and Adopted December 10, 2019
6640 Capital Assets Accounting – GASB 34
The District defines capital assets as non-consumables assets with a normal service life of more than two years. In order to provide for the proper control and conservation of district property, the Superintendent or designee shall maintain Inventory Records and account for Capital Expenditures in accordance with the following guidelines:
- All equipment items costing in excess of $1,000 shall be inventoried.
- All non-equipment capital assets costing in excess of $15,000 shall be inventoried.
Capital Expenditure Accounting:
- Fixed assets having an estimated useful life of at least two years following the date of acquisition will be capitalized.
- Capitalization thresholds will be applied to individual fixed assets rather than groups of fixed assets.
Note: Property inventory requirements and capitalization thresholds are different subjects that are commonly confused because of their overlapping terminology.
- An inventory is an itemized list for tracking and controlling property.
- Capitalization is an accounting treatment whereby an item is recorded as a long-term asset on the balance sheet rather than as a consumable expense of the current period.
The following information must be maintained on the equipment/fixed asset inventory:
- Name and description of property
- Location of equipment
- Serial number and other identification number
- Cost of the asset at acquisition
- Acquisition date
Capitalization of Assets:
- Equipment items that cost more than $5,000 will be capitalized and depreciated for GASB 34 reporting purposes.
- Equipment items costing less than $5,000 shall be expensed for GASB 34 reporting purposes.
- All non-equipment capital assets costing in excess of $15,000 shall be capitalized and depreciated for GASB 34 reporting purposes.
- All non-equipment capital assets costing less than $15,000 shall be expensed for GASB 34 reporting purposes.
Donated items will be capitalized at a fair-market value on the date of the donation.
Some assets individually may fall below the capitalization threshold but may be purchased in large quantities by the district. Examples include computers and electronic devices at their individual cost. The district may choose to capitalize these assets as groups.
All assets will be depreciated using the straight-line method. Residual value will be considered.
Useful lives will be determined in the year of purchase based on general guidelines obtained from professional organizations and asset’s present condition. Depreciation expense will be calculated beginning in the year of acquisition.
Adopted July 6, 2009
Revised and Adopted June 18, 2013
Reviewed and Adopted December 10, 2019
6650 Claims Auditor
The Board of Education will designate and appoint a claims auditor for the district. The claims auditor shall serve at the pleasure of the Board. The claims auditor shall report directly to the Board. The claims auditor may not be a member of the Board of Education; the clerk or treasurer of the Board; the Superintendent of Schools or other official of the district responsible for business management; the person designated as purchasing agent; and/or clerical or professional personnel directly involved in accounting and purchasing functions of the district.
The claims auditor is responsible for formally examining, allowing or rejecting all accounts, charges, claims or demands against the school district. The auditing process should determine:
1. that the proposed payment is for a valid and legal purpose;
2. that the obligation was incurred by an authorized district official;
3. that the items for which payment is claimed were in fact received or, in the case of services, that they were actually rendered;
4. that the obligation does not exceed the available appropriation; and
5. that the submitted voucher is in proper form, mathematically correct, does not include previously paid charges, and is in agreement with the purchase order or contract upon which it is based.
The claims auditor shall provide periodic written reports as may be requested by the Board.
Cross-ref: 6680, Internal Audit Function
Ref: Education Law §§1604 (35); 1709(20-a); 1724; 2509; 2526; 2554(b)
8 NYCRR §170.2
Matter of Levy, 22 EDR 550 (1983)
Adopted April 29, 2008
Adopted November 19, 2013
Reviewed and Adopted December 10, 2019
6660 Independent External Audit
As required by law, the school district shall obtain an annual audit of its records by an independent certified public accountant or an independent public accountant. The report of such annual audit shall be presented to the Board of Education by such accountant. The auditor’s report shall be adopted by resolution and a copy filed with the Commissioner of Education.
The district shall, within 90 days of the receipt of such report or letter, prepare a corrective action plan in response to any findings contained in the annual external audit report or management letter, or any final audit report issued by the state comptroller. This corrective action plan shall be presented to the Board for review. To the extent practicable, implementation of such corrective action plan shall begin no later than the end of the next fiscal year.
The district shall use a competitive request for proposals (RFP) process when contracting for such annual audit. In addition, pursuant to law, no audit engagement shall be for a term longer than five consecutive years; provided, however, that the district, in its discretion, may permit an independent certified public accountant or an independent public accountant engaged under an existing contract for such services to submit a proposal in response to an RFP or to be awarded a contract to provide such services under a RFP process. While no single contract for external auditing services may be for a period longer than five years, the law permits a District, in it discretion, to allow the auditor currently engaged to compete and be awarded a new contract for such services.
Cross-ref: 6600, Fiscal Accounting and Reporting
Ref: Education Law §2116-a(3) and (b)
[Note: Approved by the Guilderland C.S.D. Audit Committee December 2011.]
Adopted March 5, 2013
Reviewed and Adopted December 10, 2019
6670 Petty Cash/Petty Cash Accounts
Petty cash funds are established for reimbursement of small out-of-pocket expenses incurred in the course of conducting school business. Petty cash funds promote efficiency and economy by eliminating the preparation of checks for small amounts.
Petty cash funds shall be established at the high school, the transportation department, the business office and the school lunch fund for the purchase of materials, supplies or services.
The amount of each fund will not exceed $100.00. The Board of Education, upon the recommendation of the Superintendent of Schools, shall appoint a bursar for each petty cash fund who shall administer and be responsible for such fund.
To ensure that these funds are properly managed, the following guidelines shall be followed:
1. Receipts and cash-on-hand must always total the authorized fund amount. All disbursements from such funds are to be supported by receipted bills, paid out slips or other evidence documenting the expenditure.
2. Sales tax on purchases will not be paid by the school district from petty cash funds.
The district shall reimburse uses of petty cash funds up to the extent of expenditures, with appropriate documentary support.
Adopted February 27, 2001
Adopted February 1, 2011
Revised, Adopted June 18, 2013
Revised, Adopted May 23, 2017
6670-R Petty Cash Accounts Regulation
The Bursar of each petty cash fund will be responsible for the following method of record keeping:
1. deposits to petty cash will be made in amounts which shall not exceed payments made in cash from the fund;
2. payments made from the funds will be indicated by receipts, receipted bills or other evidence of payments in form available for audit;
3. disbursements will be acknowledged by the signature of the individual receiving payment;
4. each disbursement will be properly budget coded prior to the disbursement of funds;
5. a request to replenish the petty cash fund will be accompanied by a summary sheet, signed by the Bursar of the fund, with all expenditures properly accounted; and
6. reconciling petty cash balance and receipts to authorize petty cash amount.
The Bursar will disburse petty cash only for payment for materials, supplies and services, and meal expenses for staff.
Reviewed February 13, 2001
Reviewed January 18, 2011
Revised, Reviewed May 23, 2017
6680 Internal Audit Function
The Board of Education recognizes its responsibility to ensure sound fiscal management of the district. To this end, the Board establishes an internal audit function to carry out the following tasks:
• Development of an annual risk assessment of district fiscal operations which shall include but not be limited to:
a. a review of financial policies and procedures,
b. the testing and evaluation of district internal controls;
• An annual review and update of such risk assessment; and
• Preparation of reports, at least annually or more frequently as the Board may direct, which:
a. analyze significant risk assessment findings,
b. recommend changes for strengthening controls and reducing identified risks, and
c. specify timeframes for implementation of such recommendations.
To fulfill this function, the district may use inter-municipal cooperative agreements, BOCES shared services, or independent contractors as long as such personnel or entities performing the internal audit function comply with the Regulations of the Commissioner and meet professional auditing standards for independence between the auditor and the district. The district may also use existing personnel to fulfill this function but only if such persons shall not have any responsibilities for other business operations of the district while performing such function.
Personnel or entities performing this function shall report directly to the Board. The district’s audit committee shall assist in the oversight of this internal audit function.
Adopted April 29, 2008
Adopted January 6, 2015
6685 Medicaid Compliance
The Board of Education recognizes its obligation to put a plan and program in place to prevent or otherwise detect fraud, waste and abuse in the Medicaid program. In general, the Board expects that its officers and employees will operate with integrity and in conformance with its adopted code of ethics (policy 2160). The Board directs the Superintendent and the internal auditor to ensure that the following program elements are in place and are implemented effectively:
1. Written procedures: Accompanying this policy, and the cross-referenced policies listed below, are more detailed procedures and descriptions of how each element of the compliance program will be implemented. Written procedures will address how the district will accomplish the following:
a. Keep informed regarding Medicaid coverage: The Director of Pupil Personnel Services will keep abreast of services that are covered by Medicaid so that the district files compliant claims. The Board expects that district staff and/or contractors and agents will avoid filing false claims which would subject the district to civil and criminal liability.
b. Prohibit use of “excluded” providers: Ensure that the district doesn’t hire or contract with service providers who have been excluded from Medicare or the Medicaid program. The Director of Pupil Personnel Services will check the credential of the provider before the district engages their services. District employees will be required to sign an agreement that said employee will inform the Compliance Officer and district human resource administrator upon receipt of any notification or knowledge that the individual’s license has been suspended, revoked or lapsed, or if they have been excluded from participation in the Medicaid program. Upon notice by the employee, the district will take remedial steps as soon as possible. Contracts with outside providers will include provisions to address this requirement.
c. Monthly review of providers: The Director of Pupil Personnel Services will check the list of excluded providers monthly to determine if any district employees who deliver Medicaid-covered services, or if any contractors, have been added to the list or have been reinstated. If any have been excluded, it will be reported immediately to the Superintendent who will initiate remedial action.
2. Appoint a Compliance Officer, who is an employee, vested with responsibility for the day-to-day operation of the program: The Board will appoint a Medicaid Compliance Officer at its annual organization meeting. The role of the Compliance Officer shall be to oversee the compliance program, receive and promptly investigate reports of noncompliance and report findings as appropriate to the Medicaid Inspector
General, as well as to the Board of Education and Superintendent. The Compliance Officer will report to the Board fraud, significant findings or patterns of noncompliance.
3. Training and education of officers and employees: All employees involved in Medicaid covered services, as well as those responsible for oversight, will receive annual training in accordance with state and federal requirements. Board members will also receive appropriate training so that they can fulfill their responsibilities. The district will keep appropriate records documenting the training program.
4. Lines of communication: The district will work towards ensuring that its culture encourages communication among all parties involved in the Medicaid compliance program. The New York State Education Department and Health Department outlined the requirements of a disclosure mechanism that enables employees to report anonymously any practice or billing procedure that the employee deems inappropriate to the district’s Compliance Officer and/or the State’s Compliance Officer. The district will inform employees of this mechanism in conformance with that policy.
5. Disciplinary consequences for school employees: Failure of district employees to comply with this policy, and the reporting requirements pursuant to policy 9645, may result in a range of disciplinary actions, up to and including termination, in conformance with applicable laws and collective bargaining agreements.
6. A system to routinely identify compliance risk areas: Medicaid claims will be included as part of the district’s risk assessment. The claims will be reviewed as part of the district’s risk assessment at a minimum of at least every two years or as directed by the Audit Committee or Board of Education. In addition, the Medicaid claims function will be tested and reviewed as part of the district’s internal audit plan routinely, or as directed by the Audit Committee or Board of Education. When the internal audit reveals weaknesses, a corrective action plan will be initiated by the Superintendent.
7. A system for responding to compliance issues: The district’s program will include mechanisms to ensure that compliance issues are responded to appropriately as they are raised. The compliance officer, as noted in number 2 above, is responsible for ensuring that the system for receiving reports and responding appropriately is implemented.
8. Non-Retaliation: The Compliance Officer and Board is charged with responsibility for enforcing district policy 9645, Disclosure of Wrongful Conduct, which protects individuals who, in good faith, report or investigate suspected cases of fraud, waste or abuse in the district’s Medicaid program from retaliation or intimidation.
The Medicaid Compliance Program is part of a comprehensive effort to manage all of the district’s resources and is in conformance with the Five Point Plan which was enacted by Chapter 263 of the Laws of 2005 and includes the following elements:
1. Claims Auditor – (policy 6650) – establishes that the Board will either act as claims auditor for the district, or appoint one. The claims auditor is responsible for examining, allowing or rejecting all charges, claims or demands against the district.
2. Independent External Audit – establishes that the district will obtain an annual audit of its records by an independent public accountant.
3. Internal Audit Function – (policy 6680) – establishes an internal audit function to develop an annual risk assessment and provide reports to the Board at least annually, or upon request.
4. Audit Committee – establishes the composition and charge of the audit committee. The committee shall recommend internal and external audit plans to the Board, as well as receive and review audit reports.
5. Board Member Training – Board members will be trained on their fiscal oversight, accountability and fiduciary responsibilities.
The ongoing review and implementation of these policies address Medicaid compliance, as well.
The Superintendent is responsible for developing regulations which will further detail the procedures associated with this policy. The Board will periodically review and update this policy and the associated plan.
Dissemination of Policy
The Board directs the Superintendent to ensure that this policy, as well as the cross-referenced policies, are disseminated to employees as well as those entities providing Medicaid covered services, with particular attention to those employees involved in administering the programs and services associated with Medicaid and their billing.
Cross-ref: 2160, School Board Officer and Employee Code of Ethics
2210, Board Organizational Meeting
6650, Claims Auditor
6680, Internal Audit Function
9645 Disclosure of Wrongful Conduct
Ref: False Claims Act, 31 U.S.C. §3729, et seq.
State Finance Law §§187 et seq. (New York False Claims Act)
Social Services Law §§145-b (False Statements); 145-c (Sanctions);
363-d (Provider Compliance Program)
Labor Law §740 (Prohibits Retaliation)
18 NYCRR §§521.1 et seq. (Provider Compliance Program regulations)
Adopted June 6, 2011
Revised and Adopted January 28, 2020
6685-R Medicaid Compliance
I. Written Policies and Procedures
• The District shall submit claims for Medicaid eligible students only and for valid Medicaid services rendered.
• The District will not allow claiming practices that misrepresent the services that are actually rendered.
• Supporting documentation must be procured, prepared, and retained for all Medicaid eligible services rendered.
• The District will submit claims for Medicaid only services where the appropriate and required documentation has been procured, documented, and filed.
• An accurate and timely billing and documentation structure is critical to ensure that District staff can effectively implement and comply with required policies and Medicaid regulation.
• Demonstrated lapses in the documentation and claiming systems infrastructure will be remedied in a timely manner at the program level with input from the Director of Pupil Personnel Services, Compliance Officer, and Audit Committee whenever possible.
• The District staff and vendors are not to falsify documentation for any purposes, including Medicaid claiming.
• The District will reconcile any receipt of federal Medicaid monies to claims reports on the Central New York Regional Information Center website.
II. Compliance Plan Oversight and Management
Duties of the Medicaid Compliance include but are not limited to:
• Overseeing and monitoring the development of the Medicaid Compliance Plan;
• Establishing methods such as periodic reviews of the District’s compliance with the current Corrective Action Plans and the State Plan Amendment, developing effective lines of communication on compliance issues, and preparing written standards and procedures that reduce the District’s exposure to fraud and abuse;
• Revising periodically the Medicaid Compliance Plan to reflect changes in the needs of the organization, and the law or policies and procedures of the government;
• Providing guidance to management, program personnel, and appropriate departments relative to compliance matters;
• Conducting an annual assessment of the success and effectiveness of the Compliance Plan by reviewing internal and external audits, investigations, reports and other findings to the District Audit Committee;
• Consulting as necessary with the New York State Office of Medicaid Inspector General, the New York State Department of Health Medicaid Compliance Officer, and outside law enforcement agencies.
Duties of the Audit Committee includes but is no limited to:
• Working with the Medicaid Compliance Officer to develop any necessary changes for compliance;
• Recommending solutions to any barriers that may exist in the successful implementation of compliance activities;
• Addressing issues regarding Medicaid claiming that may impact the District’s ability to maximize revenue and make recommendations on how to improve them;
• Assessing the success of the Compliance Plan by reviewing compliance-related activities and recommending any needed updates to the Plan;
III. Training and Education
• The Director of Pupil Personnel Services, will have responsibility for training of new and existing employees, independent contractors, including administrators and Board of Education members, as it related to the Medicaid compliance program.
• As a result of the Compliance Agreement between New York State and the Centers for Medicare and Medicaid, New York State is required to conduct annual face-to-face training for “relevant employees” of the District. Relevant employees are the Compliance Officer, Director of Pupil Personnel Services, Business Official, and Billing Clerk(s).
• The Compliance Officer will work with the Director of Pupil Personnel Services, and the BOCES Regional Medicaid Program Director in assuring that all relevant employees attend mandated annual training.
• The BOCES Regional Medicaid Program Director will work with the Director of Pupil Personnel Services, and Compliance Officer to provide in-service training on an as-needed basis in order to address identified risk areas.
• Records of training and education will be maintained by the District and the BOCES Regional Information Center.
IV. Communication Lines
The prompt reporting of compliance concerns is critical to the success of the Medicaid Compliance Plan. The District encourages individuals to contact the District Medicaid Compliance Officer by any of the following means:
1) By phone at 518-456-6200 ext 3113;
2) By e-mail at firstname.lastname@example.org;
3) By fax at 518-456-1152;
4) In person at the District Administrative Offices at 8 School Rd., Guilderland Ctr., New York 12085;
5) By U.S. mail or express delivery at the above address.
Individual anonymity will be maintained and the District will ensure that no retaliatory actions by peers or supervisors will be taken against employees who report any non-compliance issues. Alternatively an individual may contact the New York State Medicaid Compliance Officer by:
1) By phone at 518-473-3234;
2) By e-mail at email@example.com
3) By U.S. mail at New York State SSHSP Compliance Officer, Room 2482 Corning Tower, Albany, NY 12237.
Here are some examples of non-compliance issues:
• Claiming or verifying attendance for services that were not provided;
• Duplicate billing by both in-district employees and outside contractors;
• Claiming for services at a higher rate when a lower rate of service was actually provided (e.g. billing for one-to-one service when a group session was provided or intentionally using an incorrect service code on a claim);
• Submitting claims with knowledge of lack of adequate documentation:
• Certifying attendance for a complete session where a complete session was not provided.
• Evidence of intentional false or altered documents.
V. Disciplinary Consequences for School Employees
Employees and independent contractors found to have engaged in improper practices within the Medicaid Program shall be subject to the penalties that are set forth in provisions of law. An employee may also be subject to disciplinary procedures under Education or Civil Service Law, which may include, but may not be limited to, written reprimand, fine, suspension, and/or dismissal.
To the extent possible all employee reports will be handled in a manner that protects the confidentiality of the reporter if requested. However, there may be circumstances in which confidentiality cannot be maintained. In all cases, however, the District is determined that the reporting employee will not suffer from retaliation for his or her good-faith actions.
The District with the help of its 3rd Party Medicaid Administrator will conduct screening of key in-district providers, contractors, and vendors to ensure they have not been sanctioned by federal or state law enforcement, or regulatory and/or licensing Agency. The District with the help of its 3rd Party Claims Administrator will check the Medicaid or Medicare “exclusion” lists to ensure that all providers, contractors, and vendors are eligible to provide services.
VI. Identification of Compliance Risk
The District’s Audit Committee and Compliance Officer shall have the responsibility to review the internal auditor’s risk assessment with regard to any comments related to the Medicaid Program. Further, should the Medicaid Program be selected for internal audit, the Audit Committee and Compliance Officer will work to address and put in place procedures to mitigate risk associated with non-compliance issues related to the Medicaid Program.
The District Business Office will conduct its own audit of claims twice a year checking that paid Claims are supported by valid documentation that is kept on file in the District Office. This valid documentation consists of signed consents, physician’s scripts and professional referrals, identifiable related service(s) on the IEP, and a signed valid service log by a provider or supervisory personnel if applicable.
Communication of any non-compliance issues should be made to the Director of Pupil Personnel Services, providers, contractors, and billing clerks. They should be aware if policies and procedures are not being followed and report any non-compliance issues to the Medicaid Compliance Officer.
VII. Response to Compliance Issues
Upon notification of a suspected incident of a suspected non-compliance issue, the Medicaid Compliance Officer will:
• Notify the Superintendent of the allegation;
• Commence the investigation in a timely manner;
• Consult, as appropriate, with the external or external auditor;
• Notify the school attorney;
• Develop and implement corrective action(s) to address the cause of the non-compliance issue.
VIII. Non-Retaliation Policy
Employees, independent contractors, and vendors who make good-faith reports of suspected non-compliance Medicaid incidents shall not be subject to acts of reprisal. To the extent possible the confidentiality of all individuals reporting Medicaid non-compliance issues will be protected. Any individual who believes that he or she has been retaliated against for reporting any Medicaid non-compliance issue should contact the District’s Medicaid Compliance Officer. The Medicaid Compliance Officer will then follow the same procedures as mentioned above in the “Response to Compliance Issues” section.
Reviewed January 20, 2015
6685-E Procedures for Identifying, Claiming and Monitoring Medicaid Services Exhibit
Special Education Office
Identification of Medicaid Students
The CSE department in their spring meetings will provide all parents with a one-time Medicaid consent form even if the student may not be Medicaid eligible. The CSE department must make sure that the IEP is complete and includes all related services. Also, if there is specialized transportation the reason must be specified on the IEP.
The CSE department obtains the updated Medicaid eligible student listings from using logging onto IEP Direct and printing out a listing of Medicaid eligible students who are receiving related services. CSE should review the list to make sure it is up to date. If it is not up to date, the district’s 3rd party billing administrator, the Management Advisory Group, should be contacted and have them download the latest listing from the Med Web Reports portal.
If transportation is to be claimed, the CSE department must also communicate with the Transportation Department Medicaid eligible students and to make sure that BUS logs are kept by each driver who transports these students. The IEP must be specific with regard to reason for special transportation.
Obtaining and inputting documents for claiming
CSE Account Clerk – Beginning in July
All providers of Medicaid services need to have assigned an NPI number. The CSE account clerk logs onto EdMedNY website and checks on the NPI number for all providers. All providers of services must have an NPI to claim. The CSE account clerk must also make sure that all ordering practitioners are enrolled in the Medicaid Program. For schools, this means that its speech pathologists, who can order services, must also be enrolled in the Medicaid program. The application and instructions can be obtained at the following website:
The CSE account clerk inputs all the documentation in IEP Direct (consents, referrals, scripts) and scans the documentation using “Document Repository in IEP Direct. The clerk should file the original consents and scripts in separate binders by student name
For any service provider operating under the direction of a qualified licensed practictioner, documentation must be obtained demonstrating that there was an initial meeting with the practitioner, an ongoing consulting log with this practitioner (at least quarterly), and student contact log observing the provider and student (quarterly). The department has preset forms documenting this supervision that will be given to the licensed providers who give supervision or direction to the unlicensed providers.
CSE Account Clerk
The CSE account clerk should on a monthly basis log onto Medicaid Direct and run the upload claim function in order to view any qualified sessions (i.e. 30 minutes) that are “not claimable” due to missing documentation or unsigned session log notes. This is done by signing on to Medicaid Direct, selecting maintenance, importing/validating services, selecting month, selecting “nonclaimable claims”, and then selecting continue. The CSE clerk should document any “unclaimable” claims by category (i.e. missing consents, missing scripts, unsigned session notes) and report these to the CSE Director.
The CSE account clerk on at least a biweekly basis should confer with the 3rd party claims administrator to get feedback on its analysis of “unclaimable” claims and to solicit its help in identifying any missing documentation and reclaiming any claims that were rejected by Medicaid (i.e. incorrect NPI, ICD-9 codes, other). This is important to identify any missing information early so as that the District does not continue to lose out on any future claims for these sessions.
Review of Session Notes and Follow-up with Providers with Exceptions
The account clerk on a biweekly basis starting in September will run a query in IEP Direct review that will show providers and session notes inputted and any missing “e –signatures”. The account clerk will review the providers with session notes to a listing of District providers providing Medicaid services to identify any providers that are not inputting any session notes at all.
The account clerk will also access the detail In-District session notes for providers who are acting under the supervision of to make sure that their supervisors are signing their session notes. The account clerk will also quickly review various session notes to determine that the correct ICD9 and CPT codes are entered correctly. The account clerk will then email the signature checklist query, a listing of providers with unsigned “under the supervision” signatures, a listing of providers not entering any session notes to the CSE Director, and any incorrect ICD9 or CPT codes to the CSE Director.
Using the Medicaid Calendar Billing Cycle the Treasurer will log onto the CNYRIC MedWeb reports and reconcile actual claim dollars received from Medicaid to the Medicaid claims reports. Here are the key reports that the Treasurer should use in the reconciliation Billl Sum (gross claims uploaded), Remit (Any Net Claims), Srv Update (rejected claims by CNYRIC), PendRptPRV (Federal DOH errors) and PreAdj File (federal DOH errors).
Special Education Officer
Communicating Discrepancies and Updating IEP Direct
The CSE chair and CSE account clerk will take the biweekly report received from the business office and communicate with providers who are missing electronic signatures, who are not completing session notes, and are coding their session notes incorrectly. The CSE account clerk will also follows-up with providers on any claims that have been rejected once they have been uploaded to the CNYRIC MedWeb site from Medicaid Direct. Providers can then go into IEP Direct and correct ICD-9 codes. The CSE account clerk then communicates with the Third Party Claims Administrator (Special Ed Solutions) that the IEP files are ready to be uploaded into EdMedNY and then onto the Claiming Center (CNYRIC).
In the case of transportation the CSE account clerk obtains a copy of the transportation logs from the transportation department (January and July) and sends a copy to the Third Party Claims Administrator. The CSE department files copies of the transportation logs.
Reviewed January 20, 2015
6690 Audit Committee
The Board of Education will designate and appoint an Audit Committee for purposes of overseeing and carrying out the Board’s audit policies and the performance of related duties and responsibilities. The District’s Audit Committee shall be comprised of at least three members appointed to serve on the committee on an annual basis. Employees of the school district are prohibited from serving on the committee.
The Audit Committee shall:
1. Recommend internal and external audit plans to the Board, specifying the areas of District operations to be reviewed for compliance with legal and regulatory requirements, operating efficiency and effectiveness;
2. Receive and review the resulting audit reports; and propose recommendations to the Board for action as may be necessary and appropriate;
3. Receive and review the report of the external auditor on any findings commented on during the annual audit report, and the management response thereto, and propose recommendations to the Board for action as may be necessary and appropriate;
4. Oversee the selection of the internal auditor and the external auditor, pursuant to the relevant Board policies, and make recommendations to the Board for appointment to said positions; and
5. Perform any other responsibilities outlined by the Board and/or as listed in the District’s Audit Committee Charter.
The Board of Education does not expect the Audit Committee to participate in or be responsible for the day to day operations of the school district or in the decisions that are the responsibility of the Superintendent of Schools or Assistant Superintendent for Business, or the other district administrators.
Ref: Education Law §2116-c
8 NYCRR §170.12 (d)
[Note: Approved by the Guilderland C.S.D. Audit Committee – December 2011.]
Adopted March 5, 2013
Reviewed and Adopted December 10, 2019
The Board of Education views purchasing as serving the educational program by providing necessary supplies, equipment and related services. Purchasing will be centralized in the business office under the general supervision of the Purchasing Agent designated by the Board. The Purchasing Agent shall be responsible for developing and administering the purchasing program of the district. Only the Purchasing Agent or Deputy Purchasing Agent may commit the district to a purchase.
The Board seeks to purchase competitively, without prejudice or favoritism, and to seek the maximum educational value for every dollar expended. Competitive bids or quotations shall be solicited in connection with purchases pursuant to law. The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than$35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids. Purchases of the same commodity cannot be artificially divided for the purpose of avoiding the threshold. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.
The district’s purchasing activity will strive to meet the following objectives:
1. to effectively supply all administrative units in the school system with needed materials, supplies, and contracted services;
2. to obtain materials, supplies and contracted services at the lowest prices possible consistent with the quality and standards needed as determined by the Purchasing Agent in conformance with state law and regulation and in cooperation with the requisitioning authority. The educational and physical welfare of the students is the foremost consideration in making any purchase;
3. to ensure that all purchases fall within the framework of budgetary limitations and that they are consistent with the educational goals and programs of the district;
4. to maintain an appropriate and comprehensive accounting and reporting system to record and document all purchasing transactions; and
5. to ensure, through the use of proper internal controls, that loss and/or diversion of district property is prevented.
Opportunities shall be provided to all responsible suppliers to do business with the school district. Suppliers whose place of business is situated within the district may be given preferential consideration only when bids or quotations on an item or service are identical as to price, quality and other factors. Where permitted by law, purchases will be made through available cooperative BOCES bids, or by “piggybacking” onto contracts of the United States or agencies thereof or the federal General Services Administration (GSA), the New York State Office of General Services (OGS), departments or agencies of New York State, any New York State county, or any state or any county or political subdivision or district therein, whenever such purchases are in the best interests of the district or will result in cost savings to the district. In addition, the district will make purchases from correctional institutions and severely disabled persons through charitable or non-profit-making agencies, as provided by law.
In accordance with law, the district shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. The term “alternative format” shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the district (or program of a BOCES), including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in a format compatible with alternative format conversion software that is appropriate to meet the needs of the individual student.
The Board is also aware of the need to reduce exposure of students and staff to potentially harmful chemicals and substances used in cleaning and maintenance. In accordance with law, regulation and guidelines set forth by the Office of General Services (OGS), the district will purchase and utilize environmentally sensitive cleaning and maintenance products in its facilities whenever feasible. Cleansers purchased must, first and foremost, be effective so that the district may continue to purchase non-green products as necessary. Environmentally sensitive cleaning and maintenance products will be procured in accordance with standard purchasing procedures as outlined in this policy and regulation.
In order to ensure that the district avails itself of advantageous purchasing opportunities, the Board authorizes the Purchasing Agent to represent the district in applying for federal programs designed to discount prices for goods and services. Specifically, the Purchasing Agent will abide by the rules and regulations associated with applying for telecommunications service discounts through the Universal Service Fund (E-Rate), in addition to complying with the local purchasing policies set forth by the Board. As with all purchasing activity, appropriate documentation of the application and purchase through any federal program will be maintained by the business office.
Purchase contracts and public works contracts subject to competitive bidding will be awarded to the lowest responsible bidder, however, the Board authorizes that purchase contracts may be awarded on the basis of best value, as defined in State Finance Law §163.
In addition, the Board may authorize the receipt of sealed bids for purchase contracts in electronic format, pursuant to the provisions of General Municipal Law §103(1) which addresses proper documentation, authentication, security, and confidentiality of electronic bids.
The district shall comply with the requirements of General Municipal Law §103-g, which prohibits, with few exceptions, competitive bidding contracts with entities that invest significantly in the Iranian energy sector, as outlined in the accompanying regulation.
Exceptions to Competitive Bidding
Competitive bidding, even if the dollar value of the purchase meets the threshold established above, is not required in the following circumstances:
1. emergencies where time is a crucial factor;
2. procurements for which there is no possibility of competition (sole source items); or
3. professional services that require special skill or training (see policy 6741 for guidance on purchasing professional services).
4. purchases such as surplus or second-hand items from governmental entities, certain food and milk items, or goods and services from municipal hospitals ; or
5. where the district is purchasing through (or is “piggybacking” onto) the contract of another governmental entity.
Purchasing when Competitive Bidding Not Required
Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption.
Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, except for procurements permitted by state law:
1. under a county contract;
2. under a state contract;
3. under a federal contract;
4. under a contract of another political subdivision;
5. of articles manufactured in state correctional institutions; or
6. from agencies for the blind and severely disabled.
The district will provide justification and documentation of any contract awarded to an offer or other than the lowest responsible dollar offer or, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law.
General Purchasing Provisions
The Superintendent of Schools, with the assistance of the Purchasing Agent, shall be responsible for the establishment and implementation of the procedures and standard forms for use in all purchasing and related activities in the district. Such procedures shall comply with all applicable laws and regulations of the state and the Commissioner of Education.
No Board member, officer or employee of the school district shall have an interest in any contract entered into by the Board or the district, as provided in Article 18 of the General Municipal Law. In addition, no consultant or other business entity with whom the school district contracts to provide professional services shall have a conflict of interest relating to any aspect of its services and/or recommendations to the Board of Education. Any such outside consultants and/or business entity shall fully disclose to the Board of Education any actual, potential or perceived conflicts of interest relating to matters contained within their services and recommendations to the school district and the Board of Education. Failure to disclose such conflicts could lead to the annulment of the contract.
Comments will be solicited from those administrators involved in the procurement process before enactment of the district’s policies regarding purchasing and from time to time thereafter. The policies must then be adopted by Board resolution. All district policies regarding the procurement processes will be reviewed by the Board annually.
The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s policies regarding procurement will not be grounds to void action taken nor give rise to a cause of action against the district or any officer or employee of the district.
Adopted April 28, 1998
Adopted June 20, 2006
Revised and Adopted May 3, 2011
Revised and Adopted July 2, 2013
Revised and Adopted January 20, 2015
6700-R Purchasing Regulation
The following sets forth the procedures for the procurement of goods and services by the district:
Best value: optimizing quality, cost and efficiency. The basis for best value shall reflect, whenever possible, objective and quantifiable analysis, and may also take into consideration small businesses or certified minority- or women-owned businesses as defined in State Finance Law § 163.
Purchase Contract: a contract involving the acquisition of commodities, materials, supplies or equipment
Public Work Contract: a contract involving services, labor or construction
II. General Municipal Law
The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.
III. Competitive Bidding Required
A. Method of Determining Whether Procurement is Subject to Competitive Bidding
1. The district will first determine if the proposed procurement is a purchase contract or a contract for public work.
2. If the procurement is either a purchase contract or a contract for public work, the district will then determine whether the amount of the procurement is above the applicable monetary threshold as set forth above.
3. The district will also determine whether any exceptions to the competitive bidding requirements (as set forth below) exist.
4. All advertised bids shall include the following statement required by General Municipal Law 103-g: “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law.”
B. Contract Combining Professional Services and Purchase
In the event that a contract combines the provision of professional services and a purchase, the district, in determining the appropriate monetary threshold criteria to apply to the contract, will determine whether the professional service or the purchase is the predominant part of the transaction.
C. Opening and Recording Bids; Awarding Contracts
The Purchasing Agent and Deputy Purchasing Agent will be authorized to open and record bids. Contracts will be awarded to the lowest responsible bidder or a purchase contract bid of best value (as recommended by the Purchasing Agent), who has furnished the security, if required, after responding to an advertisement for sealed bids.
In order to be considered a responsible bidder, entities must certify that they are not on the list created and maintained by the State Office of General Services cataloging significant investment in the Iranian energy sector. Such statement may be submitted electronically pursuant to General Municipal Law §103(1).
Entities that cannot make this certification may only be awarded the bid if:
1. The entity’s investment activities in Iran were made before April 12, 2012; the investment activities in Iran have not been expanded or renewed after that date; and the entity has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or
2. The district makes a determination, in writing, that the goods or services are necessary for the district to perform its functions and that, absent such an exemption, the district would be unable to obtain the goods or services for which the contract is offered.
D. Documentation of Competitive Bids
The district will maintain proper written documentation which will set forth the method in which it determined whether the procurement is a purchase or a public work contract.
E. Purchase of Instructional Materials
In accordance with Education Law the district may give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats (i.e., any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as a accommodation for a disabled student enrolled in the district, including but not limited to Braille, large print, open and closed captioned, audio or an electronic file in an approved format.)
The district will establish and follow a plan to ensure that every student with a disability who needs his or her instructional materials in an alternative format will receive those materials at the same time that they are available to non-disabled students.
F. Leases of Personal Property
In addition to the above-mentioned competitive bidding requirements, section 1725 of the Education Law requires that the district will be subject to competitive bidding requirements for purchase contracts when it enters into a lease of personal property. Documentation: The district will maintain written documentation such as quotes, cost-benefit analysis of leasing versus purchasing, etc.
G. Environmentally-Sensitive Cleaning and Maintenance Products
The district will purchase and utilize environmentally sensitive cleaning and maintenance products whenever feasible. The purchasing agent will consult the Green Guidelines provided by the Office of General Services when making purchases for these types of products.
Any legal issues regarding the applicability of competitive bidding requirements will be presented to the school attorney for review.
IV. Exceptions to Competitive Bidding Requirements
The district will not be subject to competitive bidding requirements when the Board of Education, in its discretion, determines that one of the following situations exists:
1. emergency situations where:
a. the situation arises out of an accident or unforeseen occurrence or condition;
b. a district building, property, or the life, health, or safety of an individual on district property is affected; or
c. the situation requires immediate action which cannot await competitive bidding.
However, when the Board passes a resolution that an emergency situation exists, the district will make purchases at the lowest possible costs, seeking competition by informal solicitation of quotes or otherwise, to the extent practicable under the circumstances.
Documentation: The district will maintain records of verbal (or written) quotes, as appropriate;
2. when the district purchases surplus or second-hand supplies, materials or equipment from the federal or state governments or from any other political subdivision or public benefit corporation within the state.
Documentation: The district will maintain market price comparisons (verbal or written quotes) and the name of the government entity;
3. when the Board separately purchases eggs, livestock, fish and dairy products (other than milk), juice, grains and species of fresh fruits and vegetables directly from New York State producers or growers or associations of producers and growers, subject to the requirements of General Municipal Law §103(a) and Commissioner’s Regulations 114.3. The amount expended in any fiscal year by the district may not exceed an amount equal to fifteen cents multiplied by the number of days in the school year multiplied by the total enrollment of the district.
Documentation: The district will maintain documentation consistent with sections 114.3 of the Regulations of the Commissioner of Education;
4. when the Board separately purchases milk directly from licensed milk processors employing less than forty (40) people. The amount expended in any fiscal year by the district may not exceed an amount equal to twenty-five cents multiplied by the number of days in the school year multiplied by the total enrollment of the district or exceed the current market price.
Documentation: The district will maintain documentation consistent with section 114.4 of the Regulations of the Commissioner of Education;
5. when the district purchases goods, supplies and services from municipal hospitals under joint contracts and arrangements entered into pursuant to section 2803-a of the Public Health Law.
Documentation: The district will maintain the legal authorization, Board authorization and market price comparisons; or
6. when there is only one possible source from which to procure goods or services required in the public interest.
Documentation: The district will maintain written documentation of the unique benefits of the item or service purchased as compared to other items or services available in the marketplace; that no other item or service provides substantially equivalent or similar benefits; and that, considering the benefits received, the cost of the item or service is reasonable, when compared to conventional methods. In addition, the documentation will provide that there is no possibility of competition for the procurement of the goods.
7. when the district purchases professional services that require special skill or training, such as but not limited to, audit, medical, legal or insurance services, or property appraisals.
8. when the district purchases through the contracts of (or “piggybacks” onto) other governmental entities, as authorized by law, for certain goods and services permitted by law. Factors relevant to the decision to “piggyback” may include cost, staff time, delivery arrangements, quality of goods and services, and suitability of such goods and services to the district’s needs.
Documentation: The district will keep documentation indicating why “piggybacking” is in the best interests of the district, and that the originating contract was let in a manner consistent with applicable competitive bidding requirements.
Documentation: The district will keep proper documentation in accordance with policy 6741.
V. Quotes When Competitive Bidding Not Required
Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies in the best interests of the taxpayers. Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, as set forth below.
A. Methods of Documentation
1. Verbal Quotations: the telephone log or other record will set forth, at a minimum, the date, item or service desired, price quoted, name of vendor, name of vendor’s representative;
2. Written Quotations: vendors will provide, at a minimum, the date, description of the item or details of service to be provided, price quoted, name of contact. For example, with regard to insurance, the district will maintain documentation that will include bid advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation if formal bidding is not required.
3. Requests for Proposals: the district will utilize RFP’s to engage professional services providers in accordance with policy 6741.
B. Purchases/Public Work: Methods of Competition to be Used for Non-Bid Procurements; Documentation to be Maintained
The district will require the following methods of competition be used and sources of documentation maintained when soliciting non-bid procurements in the most cost-effective manner possible:
1. Purchase Contracts up to $20,000
a. Contracts from $1,500 to $5,000: Verbal quotes Documentation will include notations of verbal quotes.
b. Contracts in excess of $5,000 up to $20,000: Written quotes
2. Public Work Contracts up to $35,000
a. Contracts from $5,000 to $10,000: Verbal quotes
Documentation will include notations of verbal quotes.
b. Contracts in excess of $10,000 up to $35,000:
VI. Quotes Not Required When Competitive Bidding Not Required
The district will not be required to secure alternative proposals or quotations for those procurements as permitted by state law:
1. under a county contract;
2. under a state contract;
3. under a federal contract;
4. under a contract of another political subdivision;
5. of articles manufactured in state correctional institutions; or
6. from agencies for the blind and severely disabled.
VII. Procurements from Other than the “Lowest Responsible Dollar Offeror”
The district will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law.
VIII. Internal Control
The Board authorizes the Superintendent of Schools, with the assistance of the Purchasing Agent, to establish and maintain an internal control structure to ensure, to the best of their ability, that the district’s assets will be safeguarded against loss from unauthorized use or disposition, that transactions will be executed in accordance with the law and district policies and regulations, and recorded properly in the financial records of the district
Comments will be solicited from those administrators involved in the procurement process before enactment of the district’s regulations regarding purchasing and from time to time thereafter. The regulations must then be adopted by Board resolution. All district regulations regarding the procurement processes will be reviewed by the Board at least annually.
The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s regulations regarding procurement will not be grounds to void action taken or give rise to a cause of action against the district or any officer or employee of the district.
Reviewed June 18, 2013
Revised, Reviewed January 20, 2015
6700-E.2 Explanations of ‘Other’ Methods of Competition to Be Used For Non-Bid Procurements
Emergencies: Informal solicitation of quotes or otherwise, to the extent practicable under the circumstances
Leases of Personal Property: Section 1725 of the Education Law requires that a district will be subject to competitive bidding requirements for purchase contracts when it enters into a lease of personal property.
Second-Hand Equipment from Federal and State Governments: Section 103(6) of the General Municipal Law provides a statutory exception to the competitive bidding requirement by permitting the purchase of surplus and second-hand supplies, materials or equipment without competitive bidding from the federal or state governments or from any other political subdivision or public benefit corporation with the state.
Certain Food and Milk Purchases: Section 103(a) and (10) of the General Municipal Law provides a statutory exception to the competitive bidding requirement by permitting a Board of Education to separately purchase eggs, livestock, fish and dairy products (including milk), juice, grains and species of fresh fruits and vegetables directly from producers, growers or certain processors without bidding.
Certain Municipal Hospital Purchases: Section 103(8) of the General Municipal Law provides a statutory exception to the competitive bidding requirement by permitting the purchase of goods, supplies and services from municipal hospitals under joint contracts and arrangements entered into pursuant to section 2803-a of the Public Health Law.
Sole Source: Section 103 of the General Municipal Law provides a statutory exception to the competitive bidding requirement in limited situations where there is only one possible source from which to procure goods or services required in the public interest (such as in the case of certain patented goods or services or public utility services).
Note: Exhibit added
Reviewed April 7, 1998
Reviewed May 3, 2011
Reviewed June 18, 2013
6705 Apparel Purchasing Policy
A goal of the Guilderland Central School District is to make informed choices when purchasing school apparel. The District will make a concerted effort to ensure that school funds are not perpetuating the operation of illegal garment sweatshops either in the United States or abroad. The Board of Education has the authority to refuse bids if a bidder/manufacturer does not meet certain employment standards. As with all bid documents, the Board identifies the District=s Purchasing Agent to be responsible for reviewing and evaluating the submission of bids and whether the criteria have been met.
The Board may determine that a bidder on a contract for the purchase of apparel is not a responsible bidder for purposes of Section 103 of the General Municipal Law of the State of New York, based upon either or both of the following conditions.
1. The labor standards applicable to the manufacture of the apparel, including but not limited to employee compensation, working conditions, employee rights to form unions, and the use of child labor.
2. The bidder’s failure to provide information sufficient for the Board of Education to determine the labor standards applicable to the vendor of the apparel.
Where procurement of apparel is not subject to the bidding requirements of Section 103 of the General Municipal Law, the Board may also prohibit the purchase of apparel from any vendor, based on either or both of the following conditions:
1. The labor standards applicable to the manufacture of the apparel, including but not limited to employee compensation, working conditions, employee rights to form unions, and the use of child labor.
2. The vendor’s failure to provide information sufficient for the Board to determine the labor standards applicable to the manufacturer of the apparel.
Adopted May 14, 2002
Adopted February 15, 2011
Adopted April 12, 2016
6710 Purchasing Authority
The Board of Education designates the Assistant Superintendent for Business as Purchasing Agent for the school district. Under the general supervision of the Superintendent of Schools, the Purchasing Agent will be responsible for administering all purchasing activities and ensuring the quality and quantity of purchases made by the district.
All purchases shall be made through the Business Office by the Purchasing Agent or his/her designee, subject to the approval of the Superintendent.
The Purchasing Agent is authorized to issue purchase orders without prior approval of the Board when formal bidding procedures are not required by law and budget appropriations are adequate to cover such obligations.
The Purchasing Agent shall be responsible for preparing all bid specifications and a statement of general bidding conditions to be included in every notice or invitation to bid. If there are questions concerning specifications, the Purchasing Agent will consult with the requisitioner to clarify the matter so as to ensure that the appropriate goods or services are obtained.
Adopted April 28, 1998
Revised October 19, 2010
Adopted February 15, 2011
Adopted December 6, 2016
6720 Bidding Requirements
The Purchasing Agent has the authority to prepare, advertise and open bids for all purchase contracts and contracts for public work, if formal competitive bidding is required by Section 103 of the General Municipal Law.
The Purchasing Agent, subject to approval of the Superintendent of Schools, will be responsible for the development and administration of regulations for the competitive purchasing of goods and services by the school district in compliance with the requirements of the General Municipal Law.
Adopted April 28, 1998
Adopted February 15, 2011
Adopted December 6, 2016
6720-R Competitive Bidding Procedures Regulation
The requirements for formal competitive bidding are as follows:
1. All items must be bid when the cost of any single item or group of similar items is in excess of twenty thousand dollars ($20,000).
2. All contracted pupil transportation services must be bid where the cost of any single transportation service is in excess of twenty thousand dollars ($20,000). However, the requirement for competitive bidding shall not apply to extensions of contracts involving transportation of school children not exceeding a period of five years.
3. All repair or contract obligations involving the use of personnel and goods in a single project must be bid when such a project’s costs exceed thirty-five thousand dollars
4. All items and/or groups of items whose total exceeds one thousand five hundred dollars ($1,500), but is not more than twenty thousand dollars ($20,000), will require informal quotations either by a request for quotation form mailed to bidders, or by telephone when time is of the essence.
5. A “Notice to Bidders” shall be published in the officially designated newspaper commencing not less than five (5) days prior to the bid opening date. Notices may also be mailed to potential bidders sufficiently in advance of the scheduled bid opening date to permit timely preparation and submission of bids.
6. Bids shall be received until the opening time designated in the official notice. All bids shall be date stamped upon receipt and shall be kept in a safe, locked location until the time for opening.
7. Bids shall be opened at the time and place set forth in the Notice to Bidders. There will be at least two (2) district employees present at each bid opening, including the purchasing agent or his/her designee. All interested parties may also attend the opening of bids.
8. After being opened, all bids shall be recorded and analyzed. In this analysis, in order to determine whether the low bidder is “responsible,” the purchasing agent shall consider whether the record of the bidder demonstrates or includes:
a. lack of adequate expertise, lack of prior experience with comparable projects, or lack of financial resources necessary to perform the work outlined in the contract in a timely, competent and acceptable manner;
b. engagement in criminal conduct in connection with any other government contract or the conduct of business activity that involves such crimes as extortion, bribery, fraud, bid-rigging and embezzlement;
c. grave disregard for the safety of employees or members of the public. The purchasing agent should determine whether employees will be properly trained and whether the equipment to be used is safe and functioning properly;
d. willful noncompliance with the state labor laws regarding prevailing wage and supplement payment requirements. All contracts on public work projects are required to pay their employees not less than the prevailing wage;
e. disregard for other state labor laws, including child labor, proper and timely wage payments and unemployment insurance laws;
f. violations of the State Workers’ Compensation Law including failure to provide proof of proper workers’ compensation or disability coverage;
g. violations of any state or federal environmental statutes;
h. the failure to abide by state and federal statutes and regulations regarding efforts to solicit and use disadvantaged, minority and women-owned business enterprises as potential sub-contractors;
i. the submission of a bid which is mathematically or materially unbalanced;
j. the submission of a bid which is so much lower than the contracting agency’s confidential estimate that it appears unlikely that the contractor will be able to complete the project satisfactorily at the price bid; or
k. the presentation of false or misleading statements or any other issue that raises serious questions about the responsibility of the bidder.
9. The purchasing agent shall make a recommendation to the Board of Education as to the lowest responsible bidder who has met or complied with the bid specifications.
10. In the event there are two or more bona fide low responsible bidders, the Board may make an award to one of the low bidders or, in its discretion, it may reject all the bids and re-advertise the purchase. In making an award in the case of tied low bidders, the Board may give consideration to a local business or supplier.
11. Bid bonds or deposits of five percent (5%) of the bid price may be required, at the discretion of the purchasing agent, on purchase contracts and labor or service. Performance bonds may be required, at the discretion of the Purchasing Agent.
12. Every bid shall contain the certification, properly executed by the bidder, required by Section 103-d of the General Municipal Law.
13. Minor deviations from specifications or compliance with bidding requirements may be waived by the Board, upon the recommendation of the purchasing agent. The Board of Education shall determine all questions of comparability or equivalency.
The General Municipal Law requires that all purchase contracts in excess of $20,000, and all contracts for public works in excess of $35,000 be awarded to the lowest responsible bidder, after advertising for bids (Ch. 56, Laws of 2010).
Reviewed April 7, 1998
Reviewed January 20, 2011
Revised, Reviewed December 6, 2016
6730 Cooperative Purchasing
The Board of Education endorses the concept of cooperative purchasing when such method is in the best interest of the school district. The Purchasing Agent designated by the Board is authorized to explore the possible participation by the school district in cooperative purchasing ventures with other school districts and municipalities. All proposals and contracts for cooperative purchasing ventures shall be submitted to the Board for consideration and approval.
Adopted April 28, 1998
Adopted February 15, 2011 Adopted December 6, 2016
6731 State Contracts
Whenever it is feasible and in the best interests of the district, purchases of materials, supplies or equipment (except printed material), in excess of one-thousand five-hundred dollars ($1,500), shall be made through New York State and County Government contracts. The district will adhere to the requirements of the State Finance Law in the purchase of any suitable products or services (as determined by the Commissioner of General Services) which are manufactured, assembled, produced or provided by the blind or other severely disabled persons from approved, qualified charitable or nonprofit-making agencies. The district must purchase any suitable products which are manufactured or prepared by prisoners in the state correctional institutions and penitentiaries, pursuant to Correction Law §184.
Adopted April 28, 1998
Adopted February 15, 2011
Revised, Adopted December 6, 2016
6740 Purchasing Procedures
Only through the use of efficient purchasing procedures can the school district ensure that needed goods and services are acquired in the most economical manner. The Board of Education directs the Superintendent of Schools and the Assistant Superintendent for Business to develop administrative regulations on how purchasing is to be done in the district.
All purchasing is to be done by the Purchasing Agent on an official purchase order.
The Purchasing Agent is authorized to issue purchase orders without prior approval of the Board when formal bidding procedures are not required by law and budget appropriations are adequate to cover such obligations.
Adopted April 28, 1998
Adopted October 19, 2010
Adopted February 15, 2011
Revised, Adopted December 6, 2016
6741 Contracting for Professional Services
The Board of Education will make certain that professional services are secured in a manner that protects the integrity of the process, ensures the prudent use of taxpayer dollars and provides a high quality standard of service, in accordance with law and regulation. Professional services are defined as services requiring special skill and/or training, such as legal services, medical services, auditing services, property appraisals or insurance.
Purchasing professional services does not require competitive bidding. The Board directs the Purchasing Agent to take measures to ensure that a highly qualified professional is secured through the prudent and economical use of public money, which may include:
1. reviewing trade journals;
2. checking professional listings; and/or
3. inquiring of other districts or other appropriate sources.
The designated district staff will prepare a comprehensive written request for proposals (RFP), which will contain critical details of the services sought. The RFP will specify that the proposal include the structure of the relationship between the district and the provider, including, if applicable, the terms of the retainer, the hourly fees and other associated costs.
In reviewing the RFPs, the district will consider, at a minimum, the following factors:
1. the suitability of the individual/firm for the district’s needs;
2. the special knowledge or expertise of the individual/firm;
3. the credentials and applicable certifications of the individual/firm;
4. the quality of the service provided by the individual/firm;
6. the staffing available from the firm or the time available from the individual;
The district will periodically issue professional service RFPs and may conduct interviews as part of the RFP process. The written proposals submitted by applicants shall be maintained for at least six years.
The Superintendent, after a thorough review of the proposals, in consultation with the Assistant Superintendent for Business will recommend the professional service provider best suited to the district to the Board of Education for its approval.
Regardless of when during the year the professional service provider was engaged by the Board, at the annual organizational meeting the Board will appoint the attorney, physician, external auditor, or other professional, as applicable. Professional service providers selected and appointed in this manner will not be considered employees of the district.
The Superintendent is charged with developing administrative procedures to implement this policy.
Adopted July 2, 2013
6830 Expense Reimbursement
School district employees, officials and members of the Board of Education will be reimbursed for reasonable out-of-pocket expenses incurred while traveling for school-related activities.
Only expenses necessary to the purpose of the travel shall be reimburseable. Transportation costs, such as tolls and taxicabs, are allowable only for essential transportation. Mileage will be paid at the rate fixed annually by the Board in accordance with the rate fixed by the federal Internal Revenue Service for business travel. Tax exempt certificates shall be issued and utilized as appropriate.
The Superintendent of Schools or designee shall determine in the first instance, whether attendance by district staff at any conference or professional meeting is in the best interest of the district and eligible for reimbursement of expenses under this policy.
To obtain reimbursement, the claimant must complete and sign an expense voucher, attach all original receipts or other expense documentation, together with a copy of the approved conference attendance request form and evaluation report (if required) and submit same to the appropriate administrator.
Regulations concerning expense reimbursement shall be attached to this policy, reviewed as needed, and revised as appropriate.
Adopted: June 20, 2006
Adopted: February 15, 2011
Adopted: December 8, 2015
6830-R Expense Reimbursement Regulation
The Superintendent, or designee, is hereby authorized to grant approval to employees for attendance at conferences at school district expense subject to the conditions of budgeted amounts for such expenses and to the following conditions:
A. Allowable travel expenses are as follows:
1. Reimbursement for use of an employee’s automobile will be established by the Board of Education at the annual organizational meeting. Where two or more employees are attending the same conference, it is expected that they will travel together. When two or more autos are necessary, the reasons are to be identified in the conference request and their use given prior approval.
2. Where air, railroad or bus transportation is required, the request for conference attendance must indicate the cost of such travel and reimbursement will be for the amount given prior approval.
B . Allowable expenses for room and meals are as follows:
1. Lodging: Rates must be identified in the conference request so that any questions may be answered prior to approval. A tax exemption form is to be presented to hotels in New York State. The original, receipted bill must be attached to the claim form.
2. Meal Allowance: Up to $45.00 per diem. Meals for part of a day will be reimbursed on the following basis: Dinner-up to $25.00; Lunch-up to $12.50; Breakfast-up to $7.50. Itemized, original receipts are required. Alcoholic beverages and New York State sales taxes will not be reimbursed.
3. If the conference is set up on the Modified American Plan (breakfast and dinner only), the full amount may be claimed if requested in advance and given prior approval.
C. A registration fee (not dues) may be claimed as a conference expense provided such fee is given prior approval.
D. Reasonable tips for meals and necessary miscellaneous expenses (taxis, etc.); will be allowed as itemized.
E. Personal expenses cannot be claimed. These include but are not limited to pay television, hotel health club facilities, alcoholic beverages, theater and show tickets, and telephone calls and transportation costs unrelated to district business.
Reviewed June 20, 2006
Reviewed January 18, 2011
Reviewed December 8, 2015
6830.2 Meals and Refreshments
The Board of Education recognizes that from time to time, it may be appropriate to provide refreshments and/or meals at district meetings or events, which are being held for a district or educational purpose. As a general rule, meal requests may be approved when:
- officers and/or employees of the district will be prevented from taking time off for food consumption due to a pressing need to complete the business at hand;
- the district is faced with business of an immediate nature and meetings of district employees are essential at mealtime;
- the district wishes to recognize the services provided by volunteers or other unsalaried members of the district.
An example of an authorized expenditure would be refreshments and/or meals for staff assigned to participate in assessment day grading of standardized tests. Other examples of authorized categories of expenditures included but are not limited to refreshments for staff on teacher orientation day at the beginning of each year, refreshments for a Superintendent’s Conference Day, community / district meetings, receptions for volunteers, annual staff picnic and other meetings at which district business is conducted.
All expenses must be appropriately documented, including the date, purpose of the meeting and the group in attendance, and submitted to the district’s Business Office for the purposes of audit and possible reimbursement.
Adopted June 20, 2006
Revised January 8, 2008
Adopted January 6, 2015
Reviewed, Adopted December 8, 2015
6830.2-R Meals and Refreshments Regulation
From time to time, meals and/or refreshments may be deemed appropriate for a particular meeting, event or situation. Whenever meals and/or refreshments are ordered, the person making the request shall indicate the date, purpose of the meeting and identify the group in attendance. It is acknowledged that meal and/or refreshment expenditures may be incurred as an extension of the responsibilities of employees or to continue to enhance a specific activity or event that is being held for a business purpose. In such instances, documentation as noted above shall be submitted to the business office for the purposes of audit and possible reimbursement. In an instance where a receipt has been lost or not obtained, at the discretion of the Claims Auditor, a signed statement may be submitted as a substitute document.
Examples of authorized categories include but are not limited to a meal with a consultant employed by the district, a meal provided to a committee or working group whose responsibilities require working through the meal hour, or other specific circumstances for which working through the meal hour is advantageous to the district.
Meal costs (excluding alcoholic beverages) included for travel-related approved conferences shall be regulated by the conference request/reimbursement forms available from the Office of the Assistant Superintendent for Instruction. Meal reimbursement for district-related non-travel activities shall be guided by the rate identified in the Expense Reimbursement Policy (#6830) and the supporting regulation.
Reviewed June 20, 2006
Reviewed December 11, 2007
Reviewed January 6, 2015
Revised, Reviewed December 8, 2015
6840 Use of Credit Cards
The Board of Education permits the use of a district credit card to pay for actual and necessary expenses incurred in the performance of work-related duties and to purchase goods for the district. A list of those individuals that will be permitted to use credit card will be maintained in the Business Office and approved by the Board each year at its organizational meeting in July.
Upon separation of employment, the individuals’ credit card shall immediately be deactivated and destroyed.
The district shall establish a credit line not to exceed $5,000 for the issued card. The relationship between the district and the credit card company shall be such that the district preserves its right to refuse to pay any claim that is not expressly authorized. In addition, the Board through its Claims Auditor will ensure that no claim shall be paid unless an itemized voucher approved by the officer whose action gave rise or origin to the claim, and shall have been audited and allowed pursuant to standard district procedures.
The credit card can only be used for legitimate district-related business expenditures. The use of credit card is not intended to circumvent the district’s policy on purchasing. Personal use of the district credit card is strictly prohibited. The Assistant Superintendent for Business shall establish regulations governing the issuance and use of the credit card.
The Claims Auditor shall monthly monitor the use of the credit card and report any problems and/or discrepancies directly to the Superintendent and the Board.
Cross-ref: 6700, Purchasing 6830, Expense Reimbursement
Ref: Education Law §§1724(1); 2524(1), General Municipal Law §77-b,
Opns. St. Compt. No. 79-202, Opns. St. Compt. No. 79-494, Opns. St. Compt. No. 78-897
Adopted: August 14, 2018
6840-R Use of Credit Cards Regulation
To facilitate the acquisition of certain goods and services by the district, the Superintendent authorizes the Assistant Superintendent for Business to apply for a credit card on behalf of the district.
The credit card must be signed out for use with each purchasing transaction. Before an individual employee may utilize the district credit card, the employee and the Assistant Superintendent for Business or his designee must sign for the release of the credit card and a valid purchase order must be executed. When not in use the credit card will be maintained in the business office in a secure location with limited access.
A credit card shall be issued for the Superintendent and Assistant Superintendent for Business and other Board authorized individuals, and be maintained under the physical custody of the
Assistant Superintendent for Business or his designee. When needed, the Assistant Superintendent for Business and/or his designee will approve of each transaction. Authorized users must take proper care of the credit card and take all reasonable precautions against damage, theft or loss. Any damage, theft or loss must be reported immediately to the Assistant
Superintendent for Business and to the appropriate financial institution. Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature, or violate the intent of this policy may result in credit card revocation, criminal/civil action, and discipline of the employee.
Immediately upon separation from employment, the credit card for an authorized individual shall be cancelled with the financial institution and the credit card destroyed. A log shall be maintained documenting the actions taken.
The Claims Auditor shall monitor monthly the use of the credit card and report any findings to the audit committee on the monthly claims auditor reports.
Each authorized user shall sign a statement that they have been apprised of the procedures governing the use of the district credit card and they have read and are in agreement with policy
Reviewed: August 14, 2018
6900 Disposal of District Property
Building administrators and support staff supervisors are responsible for identifying obsolete or surplus land, equipment, school buses, supplies and/or materials within their area(s) of responsibility. Each year, a determination shall be made of which land, equipment, school buses, supplies and/or materials are obsolete and cannot be salvaged or utilized effectively or economically by the school district. Such land, equipment, school buses, supplies, or materials shall be sold through bid procedures, if possible, for the highest possible price.
The Assistant Superintendent for Business shall be authorized to implement the provisions of this policy.
- Lands: The Board of Education shall develop annually its intent regarding sale of real property.
- Equipment: The School Business Administrator is authorized to put out for competitive bid or quote any item(s) of equipment such as typewriters, furniture, mowers, etc., which are no longer repairable or useful to the district, and to sell such items of equipment to the highest bidder.
Computers, televisions, and computer monitors, which are no longer repairable or useful and represent a potential future liability to the district, will be recycled in accordance with The New York Electronic Recycling and Reuse Act. Any data storage will be removed or destroyed.
- Materials: The Assistant Superintendent for Business is authorized to sell or donate to public schools and other public educational or public service institutions or agencies surplus and outdated textbooks and other forms of consumable materials which are no longer of use in the instructional program of the school district.
- Buses: a. School buses or other school vehicles which have passed beyond the point of feasible repair or safe operating condition, and which are not needed by the district for parts replacement stripping or for other uses, may be offered for competitive bid and sold to the highest bidder after eradication of all markings referring to the Guilderland Central School District.
b. The district reserves the right to reject all bids.
c. If the district cannot or does not choose to sell an outworn bus or vehicle, it will be transported, under the supervision of the Transportation Supervisor, to a vehicular crusher and destroyed.
Appropriate modifications shall be made in district inventory records to reflect property disposal.
- Lease of Buildings: The district shall make available for lease under the provisions of section 403-a of the Education Law and section 155.8 of the Commissioner’s Regulations any school building it is not using or other real property not in use, with lease agreements subject to approval by the Board of Education.
An annual report regarding the status of district property leases shall be made by the Assistant Superintendent for Business.
Adopted April 29, 2008
Revised and Adopted January 8, 2013
Revised and Adopted June 18, 2013
7500 Naming Facilities Policy
School buildings, rooms and structures, both on school grounds and within school facilities, shall be named only by formal action of the Board of Education. In naming schools, rooms, and structures, the Board shall honor the highest ideals and integrity of the District and the community it serves. The Board may name a school building, room, or structure after an individual only when such individual has been determined to characterize sustained and exemplary service to others.
No employee or officer of the Board of Education, student, community member, local, state, national, or international public figure, or other person will be considered for memorialization of a school building, room, or structure name during their lifetime. An honoree shall have been deceased at least 12 months prior to being considered for such memorialization.
Requests to memorialize an individual, preferably from an organization or a petition, shall be directed to the Board of Education in writing using the Proposed Name for Facility Application Form (Exhibit 7500-E). The Board of Education’s Business Practices Committee along with the Superintendent will conduct a preliminary review of the application and make a recommendation to the Board about whether or not the application shall proceed to the next step in the process: public comment. If the Board of Education accepts the recommendation to proceed, then the Board of Education will provide a 30-day period during which the public can comment on the recommendation. Public comment can be in person, letter, or in an email.
Following the public comment, the Board will make a final decision regarding the request, generally within six (6) months of the request.
The Board has the sole discretion to determine whether the individual identified will be memorialized in a school building, room or structure.
This policy does not obligate the Board to maintain the individual’s memorialization of a school building, room or structure name for a specified period of time. Memorialization of a school building, room, or structure name may also be withdrawn at any time.
Adopted January 19, 2016
Reviewed, Adopted March 8, 2022
7500-E Proposed Name for Facility Application Exhibit
Board approval will be required for the naming or renaming of all District facilities including schools or distinct portions thereof, such as the library or auditorium.
This form will be used by persons proposing names for new or existing facilities or distinct portions of facilities.
Sections A, B and C to be completed by the individual or organization proposing the name.
Sections D and E to be completed by the board’s committee.
Reviewed January 19, 2016
Reviewed March 8, 2022
7510 Student and Staff Member Memorials
Recognizing that the loss of a member of the school community is deeply felt, the Guilderland Central School District Board of Education wishes to support staff, students and families who feel this loss and to assist them in making connections to appropriate community resources.
However, as places designed primarily to promote learning, the school district facilities and grounds should not serve as the main venue to memorialize students or staff members who have died.
Memorials are recognized as a special type of gift given in memory of a deceased individual.
Memorials on school property shall be limited to awards, scholarships, inanimate objects, plaques, collections of books or other items of historical or educational significance. Donors of physical memorials such as inanimate objects, collections of books or other items will be advised in advance that such memorials become the property of the District, that the District cannot guarantee that such memorials will not be damaged or worn and that the District will not be responsible for the repair or replacement of such items. Further, the donors of such physical memorials will be advised that such items may need to be relocated or removed in the future.
Notice will be given if possible. A record of all memorials shall be maintained by the District Office.
As an option to permanent memorials on school property to memorialize an individual or incident, the following options may be considered:
1. Memorial scholarships, in accordance with award guidelines established by the School District.
2. Monetary funds designed to a particular school activity or department, as approved by the School District.
All memorials, whether physical or financial, must be approved in advance by the Superintendent and Board of Education before they are accepted and/or placed within a building or on school grounds.
Adopted: January 28, 2013
Revised and Adopted: December 4, 2018
8121.1 Opioid Overdose Prevention
The Board of Education recognizes that many factors, including the use and misuse of prescription painkillers, can lead to the dependence on and addiction to opiates, and that such dependence and addiction can lead to overdose and death among the general public, including district students and staff. The Board wishes to minimize these deaths by the use of opioid overdose prevention measures.
Effective September 2017, the Board directs that the district shall operate an Opioid Overdose Prevention Program registered with the New York State Department of Health. The head school nurse is designated as the Program Director. The Board permits the administration of naloxone (also known as Narcan, among other names) nasal spray, by volunteer trained responder staff, to any student or staff member showing opioid overdose symptoms, along with contacting emergency responders pursuant to the naloxone training. The Board permits any staff member to volunteer to be trained in naloxone administration, via the district’s Opioid Overdose Prevention Program, by contacting the Program Director. Naloxone kits provided by the Program through the Department of Health shall be stored as indicated in the district’s policies and procedures for the Program. The district shall comply with all recordkeeping, inventory, documentation and notification requirements of state regulations. The Program Director shall maintain and distribute to the superintendent, building principals, and school nurses a list of all trained responders in the district.
The Board also directs the school medical director to issue a non-patient specific order to school nurses to administer intranasal naloxone (also known as Narcan, among other names). The non-patient specific order shall include a written protocol containing the elements required by the regulations of the Commissioner of Education. The Board permits school nurses to administer naloxone to any person at school or a school event displaying symptoms of an opioid overdose. The district shall provide the naloxone kits to be stored in a secure but accessible location consistent with the district’s emergency response plan, such as: the nurse’s office. Naloxone shall be accessible during school hours and during on-site school-sponsored activities.
Ref: Education Law §§922 (volunteer naloxone responder); 6527 (emergency treatment of anaphylaxis and opioid overdose); 3023 (liability coverage); 6909 (administration of naloxone by nurses)
Public Heath Law §3309 (volunteer naloxone responder)
8 NYCRR §§ 64.7 (administration of naloxone); Part 136 (school health services program, including naloxone)
10 NYCRR §80.138 (volunteer naloxone responder)
Guidance for Implementing Opioid Overdose Prevention Measures in Schools, New York State Education Department, 8/11/15, www.schoolhealthservicesny.com/files/filesystem/guidance_on_opioid_overdose_prevention_in_the_schools_final.pdf
Opioid Overdose Prevention: Guidelines for Policies and Procedures, New York State Department of Health, March 2014, www.health.ny.gov/diseases/aids/general/opioid_overdose_prevention/docs/policies_and_procedures.pdf
Adopted March 7, 2017
Revised, Adopted January 28, 2020
8121.1-R Opioid Overdose Prevention- Regulation
The district’s Opioid Overdose Prevention Program, registered with the New York State Department of Health (NYSDOH), shall establish and follow procedures for the use of naloxone, pursuant to state regulations, including: placement, storage, inventory and re-ordering, documenting and reporting incidents of usage, and volunteer responder training.
The district’s program shall provide individual naloxone kits. Naloxone kits provided by the district’s program shall be kept with the public access Automated External Defibrillator (AED). Extra naloxone kits shall be stored in the following location(s): in the nurse’s office and athletic trainer’s office.
An inventory of naloxone supplies shall be taken quarterly by the program director. Since the naloxone kits will be located in the Automated External Defibrillator (AED) case, the AED check will be performed at the same time, and the naloxone count will be recorded on the AED log. Recordkeeping of naloxone inventory shall be done in accordance with state regulations. Whenever an inventory check indicates that naloxone has been used, the program’s clinical director shall be notified. The head school nurse, as program director shall order replacement naloxone stocks to ensure adequate supply. Naloxone supplies that are near their expiration date shall be disposed of with the assistance of local law enforcement. The Program may also use expired naloxone for training purposes, as long as the expired naloxone is marked appropriately and not commingled with active supplies.
Every administration of naloxone shall be reported to both the school physician as clinical director and head school nurse as program director, of the district’s Opioid Overdose Prevention Program.
Every administration of naloxone, like administration of other emergency health care, shall be documented in a student’s health record and in a staff member’s personnel record by the school nurse with assistance from the volunteer responder who administered the naloxone. Documentation shall include all elements required by state regulations, and shall be signed by the person completing documentation. Naloxone will be documented in the individual’s cumulative health record for students, or consistent with applicable policies for care administered to staff. Documentation must include the date and time; the signs and symptoms displayed by the student or staff member prior to administrations; the student or staff member’s response to naloxone administration, if CPR/rescue breathing/AED was administered; the name of the EMS agency providing transport, along with the name of the health care facility the student/staff person was transported to; and signed by the person completing the documentation. Incident reports will be completed as per school district policy.
Training for volunteer responders shall be delivered by providers approved by the head school nurse as program director. The program director shall ensure that volunteer responders have completed the NYSDOH-approved curriculum and can demonstrate that they are trained (e.g., with a post-test and a skills compliance checklist) before issuing a certificate of completion.
School Nurse Administration of Naloxone
The school physician/clinical director shall develop procedures for the placement, storage, inventory, re-ordering, administration documentation, reporting, and training of the school nurse, regarding the use of naloxone.
The district shall ensure that there is always one backup naloxone kit per building for each kit that is ready to be used. When a naloxone kit is used, another backup kit will be ordered. Naloxone that is nearing its expiration date will be replaced. The school nurse shall maintain a log of naloxone supplies containing the following information: lot number, date of receipt, expiration date, and location. The school nurse shall perform an inventory check of naloxone supplies quarterly.
School nurses shall follow the non-patient specific order and written protocol for administration of naloxone, which includes criteria for assessment and directions for administration. School nurses shall review the order and protocol as needed to maintain an appropriate skill level.
School nurses shall document all administration of naloxone in the same manner as the administration of other medications under non-patient specific orders. School nurses shall report all administration of naloxone to the school physician/clinical director, building principal and superintendent.
District staff may volunteer as trained responders
The district shall follow the procedures established by the Guilderland C.S.D. Opioid Overdose Prevention Program, registered with the New York State Department of Health (NYSDOH), for the use of naloxone, including: placement, storage, inventory and re-ordering, documenting and reporting incidents of usage, and volunteer responder training.
Every administration of naloxone shall be reported to the clinical director and program director of the Opioid Overdose Prevention Program in which the district is participating, as well as the school nurse.
The district shall maintain a current list of all trained volunteer responders by building location that includes the date of the person’s most recent training, located in the head school nurse’s
office as program director. Those trained as volunteer responders in the administering of naloxone will be required to review training every year.
Reviewed October 24, 2017
Revised, Reviewed January 28, 2020
8130 School Safety Plans and Teams
Emergencies and violent incidents in schools are critical issues that must be addressed in an expeditious and effective manner. The Board of Education recognizes its responsibility to adopt and keep current a comprehensive district wide school safety plan and building-level emergency response plan(s) which address violence prevention, crisis intervention, emergency response and management.
Taken together, the district-wide and building level plans shall provide a comprehensive approach to addressing school safety and violence prevention, and provide the structure where all individuals can fully understand their roles and responsibilities for promoting the safety of the entire school community. The plans shall be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the district’s coordination with local and county resources. The plans shall also address risk reduction/prevention, response and recovery with respect to a variety of types of emergencies and violent incidents in district schools.
In accordance with state law and regulation, the district shall have the following safety teams and plans to deal with violence prevention, crisis intervention and emergency response and management:
Comprehensive district-wide school safety team and plan
The Board shall annually appoint a district-wide school safety team that includes, but is not limited to, a representative from the following constituencies: the Board, students, teachers, administrators, and parent organizations, school safety personnel and other school personnel. This team shall be responsible for the development and annual review of the comprehensive district-wide school safety plan. The plan shall cover all district school buildings and shall address violence prevention (taking into consideration a range of programs and approaches that are designed to create a positive school climate and culture), crisis intervention, emergency response and management including communication protocols, at the district level. It shall include all those elements required by law and regulation.
Building-level safety team and emergency response plans
Each Building Principal shall be responsible for annually appointing a school safety team that includes representation from teachers, administrators, parent organizations, school safety personnel, other school personnel, local law enforcement officials, local ambulance and other emergency response agencies. The school safety team shall be responsible for the development and review of a building-level emergency response plan for each district building. The plan(s) shall address communication, emergency response (including insuring that local responders have access to floor plans, blueprints, and other appropriate maps of school property and the immediate surrounding area), and evacuation at the building level and shall include all components required by law and regulation.
Within each building, the school safety team shall designate:
• an emergency response team that includes appropriate school personnel, local law enforcement officials and representatives from local, regional and/or state emergency response agencies to assist the school community in responding to a serious violent incident or emergency; and
• a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors and other related personnel to assist the community in coping with the aftermath of a serious violent incident or emergency.
The Building Principal shall be responsible for conducting at least one test every school year of the emergency response procedures under this plan including procedures for sheltering and early dismissal.
To maintain security and in accordance with law, the building-level emergency response plan(s) shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other law.
Annual Review and Report
All plans shall be reviewed and updated, if necessary, by the appropriate safety team year. In conducting the review, the teams shall consider any changes in organization, local conditions and other factors including an evaluation of the results of the annual test of the emergency response procedures which may necessitate updating of plans. If the plan requires no changes, then it shall remain in effect. If the district-wide plan requires change, then the updated plan shall be submitted to the Board of Education in time to allow 30-days of public comment and to hold a public hearing which provides for the participation of school personnel, students and other interested parties prior to Board adoption. If the building-level plan requires change, a summary of it will be made available for public comment and public hearing. All plans must be adopted by the Board of Education at its annual reorganization meeting.
The Superintendent of Schools shall be responsible for filing the district-level school safety plan and any amendments to the plan with the Commissioner within 30 days after their adoption. The district-wide S.A.V.E. plan will be posted on the district’s website. Each Building Principal shall be responsible for filing the building-level safety plan for his or her building and any amendments to the plan with the appropriate local law enforcement agency and the state police within 30 days after their adoption.
Revised, Adopted May 7, 2013
Revised, Adopted June 17, 2014
8330 Authorized Use of District Owned Materials and Equipment
The Board of Education permits the use of district-owned materials and equipment (e.g., laptop computers, cell phones, audio-visual equipment, etc.) by Board members, officers, and employees of the district when such material and equipment is needed for district-related purposes. The Board will also allow the loan of equipment to local governments and other entities that benefit the welfare of the surrounding community. The Board supports such inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly equipment and resources.
The Superintendent of Schools, in consultation with the School Business Official, shall establish regulations governing the loan and use of such equipment. Such regulations must address:
- the individuals who may properly authorize the use of such material and/or equipment;
- the lack of authority of the borrower to use such material or equipment for private, non-business purposes;
- the responsibilities of the borrower for proper use, care and maintenance;
- that, regardless of condition or other factors, all loaned equipment must be returned to the district. No item may be sold to or purchased by the borrower unless such equipment has been returned to the district for evaluation and, if necessary, disposal in accordance with district policy and procedures.
All equipment shall be inventoried and a list shall be maintained of the date such equipment was loaned, to whom it was loaned, and the date of expected and actual return.
Individuals borrowing district-owned equipment shall be fully liable for any damage or loss occurring to the equipment during the period of its use, and shall be responsible for its safe return. In addition, since employees are issued district owned equipment in connection with their work responsibilities, the individual using the district owned equipment should not have an expectation of privacy with respect to information contained on the device (e.g., computer files, images, messages).
The Business Office shall maintain records of all equipment that is loaned for long-term use (e.g., school year, term of office, etc.) and shall review such list yearly.
Adopted June 6, 2011
Revised and Adopted October 20, 2015
8332 District Owned Cell Phones
The Board of Education recognizes that certain district employees will be required to carry district-owned cell phones in order to meet job responsibilities. Such phones should be provided only when a less costly alternative (e.g., pager, radio) is not available or is not appropriate in the circumstances.
A list of job titles requiring district-owned cell phones shall be maintained by the assistant superintendent for business and reported to the Board each year at its reorganizational meeting in July. The district shall establish the level of service contract for each specific employee. Also, for the purpose of audit reviews, telephone records are not private. All such contracts shall be reviewed annually. A report will be prepared for the Board annually as well.
Employees shall make every attempt to use their cell phones for business purposes only and anything other than incidental private use is prohibited. In the event an employee uses a district owned cell phone for other than business purposes and beyond private incidental use, he/she shall reimburse the district for such non-business calls. Failure to follow these guidelines and to reimburse the district may result in revocation of the phone and discipline of the employee. In addition, since employees are issued district owned equipment in connection with their work responsibilities, the individual using the district owned equipment should not have an expectation of privacy with respect to information contained on the device (e.g., computer files, images, messages).
As with any district-owned equipment, employees must take proper care of cell phones and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office.
At least once per year, the assistant superintendent for business shall evaluate and report to the Board on the cost and effectiveness of the district’s cellular telephone plan.
Adopted: June 20, 2006
Revised and Adopted June 6, 2011
8332-R District Owned Cell Phones Regulation
District cellular phones are provided for business purposes. Effective July 1, 2006, the following positions are authorized for district-owned cellular telephones:
• District Office Administrators (Superintendent, Assistant Superintendent for Business)
• Building Principals
• Athletic Director and Assistant Athletic Director
• Maintenance Supervisors and Workers
• Computer Technicians and Chief Technology Specialist
• Transportation Supervisors and Mechanics
• School Lunch Manager
At times, it may be necessary for this list to include additional personnel. In such cases, authorization will be provided by the Assistant Superintendent for Business and reported to the Board of Education.
Reviewed: June 20, 2006
Reviewed: June 6, 2011
8410 Student Transportation
The Board of Education is committed to providing a safe and economical transportation system for district students. Transportation shall be provided at district expense to those students who are eligible as authorized by the Board.
The major objectives in the management of the student transportation program shall include the following:
- to provide efficient, effective and safe service;
- to ensure that all students whose disability or distance from school requires them to receive necessary transportation do, in fact, receive it;
- to adapt the system to the demands of the instructional program;
- to maintain transportation vehicles in the best possible condition;
- to review at least once a year school bus schedules and routing plans to ensure that maximum efficiency and safety are maintained; and
- to review as necessary the eligibility for transportation of students residing in the district, to ensure that all students who are entitled to such services receive them.
Students are not entitled to “door to door” transportation. It is the responsibility of the parent, guardian, or daycare provider to ensure safe travel of the student(s) to and/or from the bus stop.
The Superintendent of Schools shall be responsible for administering the transportation program. The program shall comply with all applicable laws, regulations and policies established by federal, state and local authorities.
Cross-ref: 4531, Field Trips and Excursions
5320, Student Conduct on School Buses
6254, Nonresident Tuition
Ref: Education Law §§305(14); 1501-b; 1807; 3602(7); 3623; 3635 et seq.
Matter of Handicapped Child, 24 EDR 41
Matter of Zakrezewski, 22 EDR 391
Matter of Nowak, 22 EDR 91
Matter of Fox, 19 EDR 439
Appeal of Heuser, 36 id. 368
Appeal of DiNapoli, Decision No. 14,030
Appeal of Warner, 37 ED Dept Rep 469
Note: Policy added
Adopted April 27, 1999
Adopted December 7, 2010
Reviewed and Adopted June 16, 2015
Reviewed October 29, 2019
8410-R Student Transportation Regulation
The following regulations will govern the administration of the student transportation program:
At a minimum, resident students who meet the following criteria shall be eligible for transportation:
a. Students in grades 9-12 who live more than one (1) mile from school.
b. Students in grades 6-8 who live more than one-half (1/2) mile from school.
c. Students in grades K-5 who live more than one-fifth (1/5) mile from school.
d. Students who attend non-public schools both inside the district, and outside the district, and who:
1. have a legal residence which is fifteen (15) miles or less from home to entrance road of the non-public school, measured by the nearest available and passable public road; or,
2. are transported by a parent/guardian to a centralized pick up point designated by the district that is not more than 15 miles from the non-public schools, and
3. file the appropriate request for transportation forms with the Transportation Department in accordance with regulations.
e. Students with disabilities who attend public or non-public schools which are located within and outside of the district, and who have a legal residence within the Guilderland School District.
2. Designation of bus stops, walking distances, centralized pick up points, and drop off locations
a. Fixed bus stops will be established using the following guidelines:
1. Authorized bus stops will be located at convenient intervals in places where students may be loaded and unloaded, cross highways, and await the arrival of buses with the utmost safety allowed by road conditions;
2. Generally, dead-end and loop streets will not be serviced by school buses. Whenever possible, stops will be at the intersections of two streets;
3. Numbers of students at bus stops will be varied according to the concentration of riders in an area, the degree of traffic, the presence of stop signs, speed limits, and bus turn-around requirements;
4. Walking distances to pickup points may be varied according to grade level. Grade levels K-5 will not be required to walk distances in excess of 1/5 mile; grade levels 6-8 will not be required to walk distances in excess of 1/2 mile; and grades 9-12 will not be required to walk distances in excess of one (1) mile;
5. Efforts will be made to minimize crossing of the road by students.
b. Transportation will be provided on side roads that are maintained by town highway departments unless the lack of maintenance makes it unsafe for drivers and students to be traversing these roads. Examples of unsafe conditions are flooding, road erosion, ice, snow and mud.
c. Transportation will not be provided on roadways that have not been dedicated and/or maintained by town, county, and/or state highway departments.
d. Turnarounds will not be established unless adequate space is available and this space is properly maintained.
3. Requests for transportation to non-public schools and day care providers
Requests for transportation to private and parochial schools will be honored provided requests are made no later than April 1 of the preceding school year. New district residents have 30 days to submit transportation requests.
Parents/guardians may arrange for transportation of children who attend private/parochial school by submitting two copies of the Request for Transportation to Non-Public Schools form, directly to the Guilderland Transportation Office.
Resident students attending public or non-public schools located within the school district will be provided transportation to and from a licensed day care and/or babysitter throughout the school week. Students are permitted no more than two different drop-offs a week at unlicensed sites (i.e. relative’s home) within their elementary zone. Students seeking transportation outside of their elementary zone may only be accommodated if attending a New York State licensed day care center. The district will honor requests for day care transportation provided they are made no later than April 1 of the preceding school year. New district residents have 30 days to submit day care transportation requests.
4. School Sponsored Activities
When the school district provides transportation to students for a school-sponsored activity or event, it will also provide return transportation unless the parent or legal guardian of a participating student has given the district written notice authorizing an alternative form of return transportation for their student.
5. Public notification of routes and bus stops
Parents of resident children that attend public school within the Guilderland Central School District boundaries will receive a postcard or some other form of written communication or electronic access indicating the assigned morning and afternoon bus stop location and pickup/drop off times for each child prior to the first day of school.
6. Maximum student time on bus
New York State Education Law does not set maximum student ride times on the bus but requires school districts to determine a reasonable standard based on factors such as student age, the distance between a student’s home and school, safety, efficiency, cost, availability of buses, school opening and closing times, and the number of schools covered on a particular trip.
7. Maximum speed and timeliness standards
Although certain roadways may have a posted speed limit in excess of 55 miles per hour, New York State Education Law specifies that the maximum speed at which school vehicles engaged in student transportation may be operated shall be 55 miles per hour. The district endeavors to make sure routes are designed to ensure all students arrive to school on time. On a day-to-day basis, the bus could arrive a few minutes early or late when compared to the approximate pickup/drop off time depending on a wide variety of conditions or circumstances. However, on occasion, inclement weather, traffic delays, breakdowns, etc. can cause students to be significantly late being picked up, arriving at school, or returning home. Therefore, students should be at the bus stop at least five minutes earlier than the approximate pickup time and parents/guardians should allow ten to fifteen minutes beyond the approximate drop off time before contacting the Transportation Department.
For non-public private and parochial school students, it is not always possible to efficiently transport students to match the school’s starting and ending times. However, in those circumstances, every effort will be made to work with the non-public school to minimize any student impact.
8. Standards of conduct for students
In order to ensure a safe bus ride to and from school, the following rules must be observed:
a. Keep all noise at a low level. No offensive language.
b. Keep hands, feet, and all possessions to yourself.
c. Respect others, school property, and yourself. The throwing of objects in or out of the bus is prohibited.
d. Obey the bus driver.
e. Remain seated until the driver gives permission for you to leave. The driver is authorized to assign seats.
f. Eating, drinking, or the use of any tobacco product, including e-cigarettes on the bus is prohibited.
The driver’s responsibility is to safely transport the students to and from school. Students are expected to conduct themselves in an orderly and safe manner. Respect between students and the driver is the key to a safe bus ride. Distractions to the driver from behavioral problems present a serious danger to all passengers. Discipline problems will be referred in writing by the bus driver to the building principal. The penalty for continued misbehavior may range from suspension from riding the bus to suspension from school. All school rules apply while students are riding the buses. All students riding school buses are expected to maintain good conduct while traveling.
Suspension from Transportation
If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the building principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended for up to five (5) days by the building principal or his/her designee. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the District will make appropriate arrangements to provide for the student’s education. A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the building principal or the principal’s designee to discuss the conduct and the penalty involved.
9. Video Cameras on School Buses
The Board of Education recognizes its responsibility to maintain and improve discipline and to ensure the safety and welfare of its staff and students on school transportation vehicles. After having carefully considered the rights of privacy with the district’s duty to ensure discipline for the health, welfare, and safety of staff and students on school transportation vehicles, the Board supports the use of video cameras on its school buses. Video cameras may be used to monitor student behavior on school vehicles transporting students to and from school or extracurricular activities. Students found violating bus conduct rules will be subject to disciplinary action in accordance with the district’s Code of Conduct. The district shall comply with all applicable state and federal laws related to personal records when the district is considering keeping the recording. Although video recordings will be used primarily for the purpose of evidence for maintaining discipline, the district may use the recordings for any other purpose it deems appropriate.
10. Standards of conduct for bus drivers and bus attendants
a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex, which will strengthen students’ self-concept and promote confidence to learn.
b. Maintain a safe, orderly environment on school buses to help to prevent bullying and harassment.
c. Oversee practice drills for bus safety.
d. Use student discipline forms when necessary.
e. Maintain positive communication with students and parents.
f. Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
g. Be sensitive to, and address as needed, personal biases that may prevent equal treatment of all students in the school or on the school bus.
h. Report as soon as possible incidents of harassment.
11. Transportation of Adults
Adults, including non-staff members, shall be permitted to ride school buses when assisting in the supervision of the students, such as in field trips. Transportation of other adults for their convenience is prohibited.
12. Vehicle maintenance and replacement
District vehicles will be maintained in accordance with New York State Department of Transportation (NYSDOT) standards and each bus will be subject to a NYSDOT inspection every six months. School buses cannot be operated unless they carry a certificate of inspection for the preceding six months.
Annually, the Supervisor of Transportation shall prepare and disseminate to the Board of Education a short and long-term replacement plan for bus purchases. The plan will include a recommendation for bus purchases for the following school year with an estimate of costs and state aid reimbursement.
4531, Field Trips and Excursions
5320- Student Conduct on District Provided Transportation
8414.4 Video Cameras on School Buses
Reviewed April 13, 1999
Reviewed November 16, 2010
Revised, Reviewed December 11, 2012
Revised, Reviewed May 22, 2018
Revised, Reviewed October 29, 2019
8414.4 Video Cameras on School Buses
The Board of Education recognizes its responsibility to maintain and improve discipline
and to insure the safety and welfare of its staff and students on school transportation vehicles.
After having carefully considered the rights of privacy with the district’s duty to ensure discipline for the health, welfare and safety of staff and students on school transportation vehicles, the Board supports the use of video cameras on its school buses.
Video cameras may be used to monitor and record behavior on school vehicles transporting students to and from school or extracurricular activities.
The district shall comply with all applicable state and federal laws related to personal records when such recordings are considered for retention.
Video recordings shall be used primarily for the purpose of evidence for maintaining discipline. However, the district may use such recordings for any other purpose it deems appropriate.
The Superintendent of Schools is directed to develop regulations governing the use of video cameras in accordance with the provision of law and established Board policies and regulations.
Adopted October 8, 1996
Re-Adopted March 23, 2010
Reviewed and Adopted June 16, 2015
8414.4-R Video Cameras on School Buses Regulation
The following regulation will govern the use of video cameras on school buses:
1. Video cameras will be used on school buses transporting students to and from school or extracurricular activities at the direction of the Transportation Supervisor.
2. Staff and students are prohibited from tampering or otherwise interfering with video camera equipment.
3. The district will notify students, their parents or guardians, and staff at the beginning of each school year that video cameras may be used on school buses transporting students to and from school and extracurricular activities. The notice will include a copy of the district’s video camera policy and regulations. If used to assign discipline, a tape record of an incident may, upon request, be viewed by parents of others involved in the incident.
4. The district will comply with the provisions of state and federal law regarding personal records requirements as applicable in the district’s use of video recordings. Video recordings considered for retention will be maintained in accordance with established record procedures governing access, review and release of personal and other school district records.
5. All video recordings will be stored and secured to prevent tampering and ensure confidentiality.
6. A written log will be maintained of the date the recording was made, the vehicle videotaped, name of driver, the date of any viewing, and the signature(s) of the viewer(s).
7. Video recordings will be stored for 90 days after initial recording, whereupon such recordings may be released for erasure.
8. Review of videotapes will be conducted by the Transportation Supervisor and the Building Principal or their designee(s).
9. At the discretion of the Superintendent, viewing will be permitted at school-related sites including the transportation office, school buildings, or central administrative offices.
Reviewed November 26, 1996
Reviewed March 23, 2010
Reviewed June 16, 2015
8414.5 Alcohol and Drug-Testing of Bus Drivers
The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees, especially those in safety-sensitive positions. To ensure the safety of its students, the Board requires alcohol and controlled substance testing of certain “drivers,” operators of “other school buses”, and any other employee who is subject to such testing, in accordance with and as set forth in the applicable federal and state requirements.
1. “Driver” includes any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
2. “other school buses” include those covered by applicable federal regulations (see list below) and any other motor vehicle either owned by the district or by a private company, operated to transport students, children of students, teachers, and other supervisory persons to or from school or school activities.
Consistent with federal regulations, the district shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of drivers who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Employees holding such positions include:
1. drivers of vehicles designed to transport 16 or more passengers, including the driver;
2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
3. any other employee who may drive or service a listed vehicle (e.g. a mechanic who performs test drives, repairs, inspects, or loads or unloads a vehicle listed in 1 or 2 above).
Controlled substance and alcohol tests will be conducted for operators of all “other school buses” consistent with the procedures applicable to the implementation of federal regulations. Volunteers who drive a bus with passengers fewer than 30 days per year are not subject to such testing.
Generally, the required testing will be conducted at or prior to the time of employment and randomly throughout the school year. However, drivers are subject to additional testing under federal regulations when a supervisor has a reasonable suspicion that a driver has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the driver has been found to violate district policy and federal regulations; and after the driver’s return to duty.
In accordance with federal and state law, a driver may not drive if he or she:
1. possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
2. uses or is under the influence of alcohol or a controlled substance that is not lawfully prescribed within six hours or less before duty;
3. has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or
4. refuses to take a required alcohol or controlled substance test.
Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.
Enforcement of Driving Prohibitions
The school district will not require or permit drivers of vehicles listed above, as well as operators of all “other school buses” defined above, to be on duty or operate a listed vehicle or other school bus, if it appears that they have consumed a drug/controlled substance (except those lawfully prescribed) or alcohol within the preceding eight hours. This shall be based on the person’s general appearance, conduct, or other substantiating evidence. Those who maintain, repair, or garage listed vehicles or school buses that involves incidental driving without passengers, are exempt from this requirement, but are still prohibited from consuming controlled substances and alcohol within six hours of going on duty.
Response to Positive Testing Results
Any driver who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any driver found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, district policy, and/or law. Operators of “other school buses” subject to random testing pursuant to New York Law will be subject to the same consequences based upon an alcohol concentration of at least 0.02 but less than 0.04 as drivers listed above.
If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The driver may be required to complete a treatment program and/or be disciplined pursuant to district policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to followup testing. Operators of “other school buses” subject to random testing pursuant to New York
Law will be subject to the same consequences based upon an alcohol concentration of 0.04 or greater or a positive drug test as drivers listed above.
Should the district receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the district that the individual shall be re-tested and that re-test will become the test of record.
The Superintendent of Schools shall ensure that a copy of this policy, the district’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is provided to all drivers and operators of “other school buses” prior to the initiation of the testing program and to each driver or operator of “other school buses” subsequently hired or transferred to a position subject to testing.
9320, Drug-Free Workplace
9610, Staff Substance Abuse
Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306
49 U.S.C. §521(b)
49 CFR Part 391 (Qualifications/Disqualifications)
49 CFR Part 382 (Drug and Alcohol Testing Requirements)
49 CFR Part 40 (Testing Procedures)
49 CFR §395.2 (On-duty time defined)
Vehicle and Traffic Law §§509-g; 509-l; 1192; 1193
Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)
Replaced and Adopted: March 5, 2019
8414.5-R Alcohol and Drug-Testing of Bus Drivers Regulation
Any employee who operates a commercial motor vehicle, or other “school bus,” or is in a related safety-sensitive function described below shall be subject to alcohol and controlled substance testing in accordance with this regulation and applicable federal regulations and state law. An employee having any questions concerning the district’s policy or regulation, state law or applicable federal regulations shall contact the Superintendent of Schools.
Any treatment, rehabilitation program or discipline will be provided in accordance with district policy and/or collective bargaining agreements.
A. Employees Covered Under Federal Law
Employees covered under federal law include district employees who operate a commercial motor vehicle, perform in a related safety-sensitive position, and are required to obtain a commercial driver’s license. Such employees include:
1. drivers of vehicles designed to transport 16 or more passengers, including the driver;
2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
3. any other employee who may drive or service a vehicle listed in 1 or 2 above (e.g., a mechanic who performs test drives, repairs, inspects or loads or unloads a listed vehicle).
Such employees include, but are not limited to full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed or under lease to an employer or who operate a commercial motor vehicle at the direction or with the consent of the district.
B. Employees Covered Under State Law
Operators of “other school buses” are subject to testing as described in section III below. Other “school buses” include voth those covered by applicable federal regulations as stated above, and any other motor vehicle either owned by the district or by a private company, operated to transport students, children of students, teachers, and other supervisory persons to or from school or school activities.
Certain specified employees will not be considered operators of “other school buses.” They include:
1. Volunteers who drive a school bus with passengers fewer than 30 days per year; and
2. Employees engaged in the maintenance, repair or garaging of buses, who in the course of their duties must incidentally drive a vehicle not covered under federal law without passengers.
C. Safety Sensitive Function
An employee is performing a safety-sensitive function that is covered by federal regulations when:
1. waiting to be dispatched, unless the driver has been relieved from duty;
2. inspecting, servicing or conditioning any commercial motor vehicle;
3. driving a commercial motor vehicle;
4. attending a vehicle being loaded or unloaded;
5. performing the driver requirements of the federal regulations pertaining to accidents;
6. attending to a disabled vehicle.
II. Driver Prohibitions and Consequences
Employees covered under federal law are required to be in compliance with district policy and regulation at the following times:
1. when performing any on-duty safety-sensitive functions, including all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility; and
2. during all time spent providing a breath sample, saliva sample or urine specimen and travel time to and from the collection site in order to comply with random, reasonable suspicion, post-accident, return-to-duty or follow-up testing.
Employees covered under both federal and state law are prohibited from driving a listed vehicle or performing other safety-sensitive duties if the employee:
a) possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
b) has consumed or is under the influence of alcohol or a controlled substance that is not lawfully prescribed within six hours before duty;
c) has an alcohol concentration of 0.02 or higher, or tests positive for controlled substances; or
d) refuses to take a required alcohol or controlled substance test. Refusal to submit shall mean the failure to provide adequate breath or urine without a valid medical explanation, receipt of verified adulterated or substituted substituted drug test result, or to engage in conduct that clearly obstructs the testing process, such as a failure to arrive for the drug testing or failure to sign the alcohol testing form prior to specimen collection.
In addition, an employee covered under federal law is prohibited from consuming alcohol within eight hours after being involved in an accident, or before undergoing a postaccident test, if such a test is required. Illegal drug use by drivers is prohibited on or off duty.
Drivers who violated the above prohibitions will be subject to the following enforcement actions:
1. Employees covered under federal law will be removed from their safety-sensitive functions if they violate the district’s policy or federal regulations pertaining to the possession or consumption of alcohol or controlled substances.
2. The Supervisor of Transportation or his/her designee will not require or permit employees covered under state law to be on duty or operate a listed vehicle or other school bus, if it appears that they have consumed a drug/controlled substance (except those lawfully prescribed) or alcohol within the preceding eight hours. This shall be based on the person’s general appearance, conduct, or other substantiating evidence. Those who maintain, repair, or garage listed vehicles or school buses that involves incidental driving without passengers, are exempt from this requirement, but are still prohibited from consuming controlled substances and alcohol within six hours of going on duty.
3. Any covered employee who tests 0.02 or greater but less than 0.04 will be removed from driving and other safety-sensitive duties until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.
4. In the event that any covered employee has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance or has refused to take a test, he or she will, in addition to immediate removal from driving and any other safety-related duties, not be returned to duty until he or she:
- has been evaluated by a substance abuse professional;
- has complied with any treatment recommendations; and
- has received a satisfactory result from a return to duty test.
5. Upon return to duty, the employee will be subject to follow-up testing. While New York Law permits the use of medical marijuana, federal law still prohibits its use. Any driver tested under the federal regulations, who tests positive for marijuana, even if such use is based upon a lawful certification under state law, will be found to have violated the federal regulations (DOT Office of Drug and Alcohol Policy and Compliance, Medical Marijuana Notice (Oct. 2009) at: https://www.transportation.gov/odapc/medicalmarijuana- notice).
III. Types of Testing
The Superintendent of Schools and the Supervisor of Transportation shall ensure that the following alcohol and drug tests are conducted and that any employee who is required to take such a test is notified prior to the test that it is required pursuant to federal regulations.
Notice will also be given in the case of pre-employment alcohol testing, that such test is required by state law.
1. Pre-employment: Controlled substance and alcohol tests will be conducted before all applicants are hired or after an offer to hire, but before actually performing safety sensitive functions for the first time. These tests will also be given when employees covered under federal or state law transfer to a safety-sensitive function.
2. Post-accident: Alcohol and controlled substance tests will be conducted if a driver covered under federal law is involved in an accident in which:
a. there has been a fatality; OR
b. the driver has received a citation for a moving violation in connection with the accident pursuant to the time limitations specified in the regulation AND EITHER
1. there is an injury treated away from the scene of the accident; or
2. there is a disabled vehicle towed from the scene.
3. Reasonable Suspicion: Alcohol and controlled substance tests will be conducted when the
Transportation Supervisor or other school official who has completed the minimum two hours of training has a reasonable suspicion that the driver covered under federal law has violated district policy and regulation. A “reasonable suspicion” must be based on specific, contemporaneous, articulable observations concerning the driver’s behavior, appearance, speech or body odors that are characteristic of controlled substance or alcohol misuse.
Alcohol tests can only be done just before, during or just after the employee covered under federal law drives a listed vehicle or performs other safety-sensitive duties. The supervisor who makes the determination of reasonable suspicion cannot do the testing.
4. Random Testing: For employees covered under federal law, random alcohol tests shall be conducted annually at a minimum rate established annually by the Federal Motor Carrier Safety Administration. Random alcohol tests must be conducted just before, during or just after the employee drives a listed vehicle or performs other safety-sensitive duties. For employees covered under federal law, random controlled substance tests shall be conducted annually at a minimum rate established annually by the Federal Motor Carrier Safety Administration. Random controlled substance tests may be conducted at any time.
Random alcohol and controlled substance tests must be unannounced and spread reasonably throughout the calendar year.
New York law requires employees covered by state law to be tested in conformance with federal regulations 49 CFR Part 382. Although federal regulations permit employers to perform random testing beyond what they require, a separate pool must be maintained for those employees covered by state law who do not meet federal requirements. The separate pool for these employees will be subject to testing at the same minimum rate annually established for drivers subject to the Federal Motor Carrier Safety Administration regulations.
5. Return-to-Duty Testing: Any covered employee who refused to take a test or has engaged in prohibited alcohol and controlled substance use, except for alcohol concentration of between 0.02 and 0.04, shall be required to take an alcohol or controlled substance test and achieve a satisfactory result before returning to duty in the safety-sensitive position. If removal was due to alcohol use, a satisfactory result will be less than 0.02 alcohol concentration. If removal was due to controlled substance use, a satisfactory result will be one that it is verified as negative. The test will not be administered until the employee has been evaluated by a substance abuse professional and has complied with any treatment recommendations.
6. Follow-Up Testing: After any covered employee who was found to violate the district’s policy against alcohol and controlled substance use returns to duty, he or she will be subject to at least six unannounced tests in the first 12 months following the employee’s return to duty. Follow-up testing may be extended for up to 60 months from the date of the employee’s return to duty. Follow-up alcohol testing may only be conducted before, during or after the driver has performed his or her driving duties.
IV. Testing Procedures
A. Alcohol Testing Procedures
Alcohol testing will be conducted with evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration. An approved nonevidential screening device may be used to perform screening tests but not for confirmation alcohol tests. The employee and the Breath Alcohol Technician conducting the test must complete the alcohol testing form to ensure that the results are properly recorded.
1. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a “negative” test.
2. If the alcohol concentration is 0.02 or greater, a second or confirmation test must be conducted. The confirmation test must be conducted using an EBT that meets the requirements of federal regulations.
3. If the confirmation test results indicate an alcohol concentration from 0.02 to 0.03999, the employee will be restricted from duty for at least 24 hours from the time of the test.
4. If the confirmation test results indicate an alcohol concentration equal to or greater than 0.04, the employee will be removed from all safety-sensitive duties and no return to duty will be permitted until the employee has successfully passed required return-to-duty tests. The employee must also be reviewed by a Substance Abuse Professional and comply with his/her recommendations. Follow-up tests will also be required.
5. For post-accident testing, the results of breath or blood tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for alcohol testing and the results are made available to the district.
All testing procedures will conform to the requirements outlined in federal regulations (49 CFR Part 40) for ensuring the accuracy, reliability and confidentiality of test results. These procedures include training and proficiency requirements for Breath Alcohol Technicians, quality assurance plans for the EBT devices including calibration, requirements for suitable test location, and protection of employee test records.
B. Drug Testing Procedures
The employee must provide a urine specimen at a collection site that meets federal requirements which will be analyzed at a laboratory certified and monitored by the U.S. Dept. of Health and Human Services.
1. Regulations require that each urine specimen be divided into one “primary” specimen and one “split” specimen.
2. All urine specimens are analyzed for the following drugs or drug metabolites (byproducts of the body metabolizing a drug):
a. Marijuana (metabolites)
b. Cocaine metabolites
c. Amphetamines (including methamphetamines, MDA and MDMA)
d. Opioids (including natural opiates such as codeine, morphine, heroin, and semi-synthetic opioids such as hydrocodone, hydromorphone, oxycodone, and oxymorphone)
e. Phencyclidine (PCP)
3. If the primary specimen confirms the presence of one or more of these drugs, the employee has 72 hours to request that the split specimen be sent to another certified lab for analysis. [Note: The employee must be removed from driving duties at this time–pursuant to federal regulations, the driver’s removal cannot await the result of split sample.]
4. All drug test results will be reviewed and interpreted by a physician (also called a Medical Review Officer) before they are reported to the district.
5. If the laboratory reports a positive result to the Medical Review Officer (MRO), the MRO shall interview the employee to determine if there is an alternative medical explanation for the drugs found in the employee’s urine specimen. If the employee provides appropriate documentation and the MRO determines that it is legitimate medical use of a prohibited drug, the drug test result is reported as negative.
6. If the MRO reports a positive drug result, the employee must be evaluated by a substance abuse professional and follow his/her recommendations prior to taking a return-to-duty test. Follow-up testing is also required.
7. For post-accident testing, the results of urine tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for controlled substance testing and the results are made available to the district.
All controlled substance testing shall comply with the requirements of the federal regulations (49 CFR Part 40) including procedures for the proper identification, security and custody of the sample, use of certified laboratories, assurance that all drug test results are reviewed and interpreted by a physician, and ensuring confidentiality of employee test records.
V. Dilute Specimen Testing
If the district receives a drug test result which is negative but dilute and the creatinine concentration is greater than 5mg/dl, the district shall require a re-test to be conducted in each of the following cases:
- Pre-employment tests
- Return-to-duty tests
- Follow-up tests
- Reasonable suspicion tests
- Random tests
The result of the re-test shall become the test of record. If the employee refuses to take the re-test it will be considered the same as a positive test result.
The Supervisor of Transportation and every other person designated to determine whether reasonable suspicion exists to require an employee covered by federal law to undergo reasonable suspicion testing must receive at least one hour of training on alcohol misuse and at least one additional hour of training on controlled substance use which they will use in making their determinations.
VII. Recordkeeping and Reporting
The Transportation Supervisor shall ensure that alcohol and drug testing records are maintained pursuant to applicable regulation and are available, if requested, for submission to the federal government or any State or local officials with regulatory authority over the employer or any of its drivers.
The following personal information must be reported to the Department of Transportation (DOT) Clearinghouse for employees subject to DOT testing:
- a verified positive, adulterated or substituted drug test result;
- an alcohol confirmation tests with a concentration of 0.04 or higher;
- a refusal to submit to any test required by the regulations;
- An employer’s report of actual knowledge of on-duty alcohol use, pre-duty alcohol use, alcohol use following an accident, and controlled substance use;
- A substance abuse professional’s report of the successful completion of the return-to-duty process;
- A negative return-to-duty test; and
- An employer report of completion of follow-up testing.
VIII. Required Notification
Every covered employee shall receive information about the signs, symptoms, and effects of alcohol misuse and controlled substance use as well as a copy of the district’s policy and procedures, the consequences of testing positive and who to contact within the district to seek further information and/or assistance.
Each covered employee is required to sign a statement certifying that he/she has received this information. The district shall maintain the original signed certification until the employee’s employment is discontinued. The district will provide a copy of the certification to the covered employee upon request.
Any treatment, rehabilitation program or discipline will be provided in accordance with applicable law and regulations, district policy and/or collective bargaining agreements.
Any employer or driver who violates the requirements of the federal regulations of the Omnibus Transportation Employee Testing Act of 1991 may be subject to civil penalties.
In addition, in accordance with New York State law, a driver convicted of driving a listed vehicle with one or more student passengers while impaired by the use of drugs or alcohol will have his/her license revoked for one year and is subject to fines ranging from $500 to $5,000 and/or imprisonment. Any driver convicted more than once in 10 years for such crimes will have his/her license revoked for three years and is subject to a fine of $1,000 to $5,000 and/or imprisonment.
Replaced/Adopted: March 5, 2019
8417-R Spectator Buses Regulation
The following guidelines will be used when considering spectator bus requests:
1. A “Spectator Bus Request Form” completed by a sponsoring adult that includes a list of participants must be submitted to the high school principal at least three days prior to the trip, when practicable.
2. At least 30 students must commit to ride on the bus, both to and from the event.
3. Students must be in good standing, and they must be in school on the day of the trip (if the trip occurs on a day when school is in session).
4. Spectator bus trips will not interfere with the normal school day.
5. The cost of the trip will be determined by the transportation department or coach company and include a total per mile cost for the use of the bus and total compensation for the driver. The appropriate booster organization must indicate its willingness to fund any portion of the trip not covered by student fees.
6. Full cost of the trip must be covered by student participants and/or funding from the appropriate booster organization.
7. Appropriate supervision (1 adult for every 15 students) as determined by administration must be available for the trip to move forward. At least one adult must be a school district employee.
8. The district will cover the cost of employee chaperones at the event.
9. Students who take the spectator bus to the event must sit in the same section as chaperones assigned to the spectator bus.
10. All students must submit a permission form signed by a parent or guardian.
11. All students must adhere to the Guilderland Central School District Code of Conduct and the Code of Behavior for Spectators in the Guilderland Central School District Athletic Code of Conduct. Any violation will result in the removal of the student from any future trips.
12. Students’ belongings may be subject to search consistent with Board Policy #5330.
13. Documentation confirming that all of the guidelines outlined above have been met must be submitted to the principal no later than 24 hours before the departure of the bus.
Reviewed April 29, 2014
8440 Transportation Services No Idling Policy
The Board of Education recognizes the need to promote the health and safety of students and staff and to protect the environment from harmful emissions found in bus exhaust, in particular diesel exhaust, by eliminating the unnecessary idling of all school buses on school property including all schools within the District or at any school or school related activities to which District students are transported. For purposes of this policy, an “idling school bus” shall mean a school bus that is parked or stopped at a school or other location and has its engine running. This policy applies to the operation of every District-owned and/or contracted school bus as well as other District-owned vehicles (i.e., maintenance trucks). The District shall strive to eliminate all unnecessary idling of school buses and District-owned vehicles such that idling time is minimized in all aspects of operation.
In accordance with the Rules and Regulations of the New York State Department of Environmental Conservation (DEC), excessive idling of certain vehicles is illegal in New York State. State regulations provide in part that buses exceeding 8,500 pounds and designed primarily for transporting persons or properties (i.e., “a heavy duty vehicle”) shall not idle for more than five (5) consecutive minutes when not in motion unless otherwise authorized by the regulations. Significantly, the state regulations apply to a heavy duty vehicle whether or not powered by a diesel or non-diesel fueled engine.
Further, the five (5) consecutive minute limitation on idling applies to buses whether owned, operated or leased; or to one who owns, leases or occupies land and has the actual or apparent dominion or control over the operation of the bus present on such land.
Exceptions to the five (5) consecutive minute limitation on idling of school buses will be as enumerated in state regulations and include, but are not limited to, the following:
a) The bus is forced to remain motionless because of the traffic conditions over which the driver has no control;
b) Idling to maintain an interior temperature of fifty (50) degrees Fahrenheit when the outside temperature is less than fifty (50) degrees or an interior temperature of seventy (70) degrees Fahrenheit when the temperature outside is more than (80) degrees.
c) Auxiliary function such as wheelchair lifts if the operation requires the engine to continue running.
d) When operation of the vehicle is required for maintenance, including necessary pre-trip safety inspections.
This policy shall be posted at the Transportation and Maintenance Departments; and the respective supervisors shall provide training to bus drivers/transportation and maintenance personnel on the District’s idling reduction program and other practices for environmentally friendly bus and school vehicle operations to reduce emissions and minimize exposure to exhaust. Appropriate signage shall be posted at each school to remind drivers and school staff of the policy.
Also, as may be applicable, the District shall ensure that vendors and contract bus companies receive a copy of the District policy regarding no idling and shall provide any educational materials, regulations and/or procedures developed by the District with regard to meeting training requirements of the District’s idling reduction program. Vendors and contract bus companies will be responsible to provide training for all currently employed bus drivers, transportation, and delivery personnel. The vendors and contract bus companies must also ensure that newly hired drivers, upon employment, are informed of the District policy and provided appropriate training regarding the expectations while on campus.
The District shall otherwise publish its No Idling Policy at its discretion which may include publication in the local newspaper, District calendar, the district website, and its local designated cable channel. Information shall be included in the District’s transportation manual as well.
The District will monitor and enforce compliance with this policy. Any person may report incidents of noncompliance by contacting the Transportation Supervisor or Maintenance Supervisor. Any significant violations by vendors and contract bus companies of District policy and/or regulations regarding excessive idling of vehicles while on a school campus shall result in revocation of their contract and they may be subject to sanctions provided for in law and/or regulations.
Adopted October 25, 2005
Adopted June 19, 2012
8500 Food Service Management
The district’s food services program shall be regarded as an integral component of its total educational program. The program shall be designed to improve children’s food habits, with an ultimate goal of students becoming nutritionally conscientious adults. The food service program will support and be consistent with the district’s wellness policy which strives to improve the overall health and nutrition of our students, staff and community.
The Board of Education recognizes that school cafeterias are a part of the total school program. The Board shall therefore provide adequate facilities, resources and personnel for the provision of food services for all elementary and secondary students in district schools.
All food service activities shall be under the direction and supervision of the Food Service Director and his/her staff under the supervision of the Assistant Superintendent for Business. The school food service should be operated in the most economical, efficient and satisfactory method given the student’s needs and the district’s resources.
Adopted November 28, 2006
Revised and Adopted January 5, 2010
Reviewed and Adopted June 16, 2015
8500-R Food Service Management Regulation
a. Aid children in developing desirable food habits.
b. Encourage children to eat foods new and unusual to them.
c. Contribute to the social education of children by providing them with opportunities to practice courtesy and desirable table manners.
d. Support and assist the district in meeting its student socialization and individualization goals.
a. Provide children a lunch that includes one-third (1/3) to one-half (1/2) of the child’s daily nutritional needs.
b. Keep informed of our society’s ever-changing standard of acceptable food products.
c. Assisting and maintaining an adequately nourished student body that is physically healthy, thus contributing to readiness for learning.
d. Provide free and reduced price lunches to approved students without identification or discrimination.
e. Follow the guidelines and update the Guilderland Central School District’s Wellness Policy annually.
All receipts and expenditures related to school food services shall be processed through a separate fund, the School Lunch Fund, which shall be subject to state and local annual audit. Financial reports shall be rendered to the Board of Education monthly.
The district goal shall be to have the school food service program operate on a self-supporting basis.
Management and Organization
The School Lunch Director shall be responsible for all appropriate school food service activities and report through the Assistant Superintendent for Business to the Board.
Although activities related to the school food service extend beyond the function of food preparation and serving, responsibility of the school lunch staff with respect to students shall not include the supervision and management of cafeteria eating areas. Food service activities include:
a. all-day school food preparation and serving to the student body including regular lunch and breakfast program;
b. available assistance to all educational programs designed to affect the nutritional or dietary aspects of students’ eating habits;
c. participation in food preparation and serving responsibilities related to the Senior Citizen Lunch Program, Adult Group Needs, Parent-Teacher Association (PTA), faculty picnics, Board of Education events, etc., associated with the educational program of the district’s schools; and
d. cooperating with Building Principals to establish and meet periodically with a student school lunch advisory committee to secure student reactions and suggestions with respect to school lunches.
Reviewed November 28, 2006
Reviewed January 5, 2010
Revised and Reviewed June 16, 2015
8505 Charging School Meals and Prohibition Against Shaming
The Board of Education recognizes that on occasion, students may not have enough funds for a meal. To ensure that students do not go hungry, the Board will allow students who do not have enough funds to “charge” the cost of a reimbursable meal to be paid back at a later date subject to the terms in this policy.
To comply with State guidelines and maintain a system of accounting for charged meals, regarding both full and reduced-price meals, the Board shall:
1. allow only regular reimbursable meals to be charged, excluding extras, à la carte items, side dishes, additional meals, and snacks (“competitive foods”); and
2. use a computer-generated point of sale system, which identifies and records all meals as well as collects repayments.
Charged meals must be counted and claimed for reimbursement on the day that the student charged (received) the meal, not the day the charge is paid back. When charges are paid, these monies are not to be considered “à la carte” transactions, as a section on the daily cash report or deposit summary reads “charges paid.”
Students shall not be denied a reimbursable meal, even if they have accrued a negative balance unless the parent/guardian has provided written permission to the school to withhold a meal. No student with unpaid charges will be prohibited from purchasing a reimbursable meal.
If school food authorities (SFAs) suspect that a student may be abusing this policy, written notice will be provided to the parent/guardian.
Students who cannot pay for a meal or who have unpaid meal debt shall not be publicly identified or stigmatized (including wristbands or hand stamps), required to do chores or work to pay for meals, or have meals thrown away after they have been served. District staff shall not discuss a student’s unpaid meal debt in front of other students. The district shall not take any action directed at a student to collect unpaid school meal fees.
- Staff will communicate with parents/guardians with five or more meal charges to determine eligibility for free or reduced price meals.
- School staff will make two documented attempts to reach out to parents/guardians to complete a meal application in addition to the application and instructions provided in the school enrollment packet.
- School staff will contact the parent/guardian to offer assistance with a meal application as well as offer any other assistance that is appropriate if it is determined that there are other issues within the household that have caused the child to have insufficient funds to purchase a school meal.
Student Account Balance Notification
The district’s payment system allows for automatic replenishment when a balance reaches a certain amount set by the parent/guardian. The district shall encourage parents/guardians to utilize this option.
Parents/guardians shall be discretely notified of student account balances. Whenever a meal is charged, the district will discretely notify the parent/guardian of the balance, and the process to refill the account. This notification will continue regularly until the account is replenished. Parents/guardians must repay all unpaid charges remaining at the end of the year or before their child leaves the district, whichever occurs first.
The district shall discretely notify parents/guardians of students with negative balances of at least five meals, determine if the student is directly certified to be eligible for free meals, and attempt to reach the parent/guardian to assist them in the application process for free and/or reduced price meals, and determine if there are other issues within the household causing the insufficient funds and offer appropriate assistance. If a parent/guardian regularly fails to provide meal money and does not qualify for free or reduced price meals, the district may take other actions as appropriate, including notifying the local department of social services if neglect is suspected.
The school district shall notify all parents/guardians in writing on an annual basis at the start of the school year and to families transferring during the year, outlining the requirements of this policy. The policy shall also be published in appropriate school and district publications. All staff involved in implementing and enforcing this policy shall also be notified of these requirements and their responsibilities. The district’s enrollment process shall include the application process for free and reduced price meals. The SFA may, in accordance with 7 CFR 245.6(d), complete and file a free or reduced meals application for a student if the SFA becomes aware that a student who has not submitted a meal application is eligible for free or reduced price meals.
Ongoing Staff Training
Staff will be trained annually and throughout the year as needed on the procedures for managing meal charges using the NYSED Webinar or the school’s training program.
Unpaid Meal Charges and Debt Collection
Unpaid meal charges are a financial burden to the district and taxpayers and can negatively affect the school program. Unpaid meal charges shall be considered “delinquent” as per the district’s accounting practices. The district shall attempt to recover unpaid meal charges before the end of the school year, but may continue efforts into the next school year. The district shall notify parents/guardians of unpaid meal charges at regular intervals, and may engage in collection activities by district staff, which do not involve debt collectors as defined in federal law (15 USC §1692a), and may not charge fees or interest. The district shall offer repayment plans, and may take other actions that do not result in harm or shame to the child, until unpaid charges are paid.
Remaining Account Balances
Remaining funds may be carried over to the next school year. When students leave the district or graduate, the district will attempt to contact the parent/guardian to return remaining funds. Parents/guardians may request that funds be transferred to other students (e.g., siblings, unpaid accounts). All transfer requests must be in writing. Unclaimed funds remaining after three months shall be absorbed by the school meal account.
Ongoing Eligibility Certification
- School staff will conduct direct certification with NYSSIS or using NYSED Roster Upload to maximize free eligibility. NYSED provides updated direct certification data monthly.
- School staff will provide parents/guardians with a free and reduced price application and instructions at the beginning of each school year in the school enrollment packet.
- Schools using electronic meal application will provide an explanation of the process in the school enrollment packet and instructions on how to request a paper application at no cost.
- Schools will provide at least two additional free and reduced price applications throughout the school year to families identified as owing meal charges.
- Schools will coordinate with the foster, homeless, migrant, runaway coordinators to certify eligible students. School liaisons required for homeless, foster, and migrant students shall coordinate with the nutrition department to make sure such students receive free school meals, in accordance with federal law.
Staff members are allowed to purchase food from the district’s food services. However, all purchases must be paid for at the point of sale (cash, payment account). Staff members are not allowed to charge meals to be repaid later.
Building Principals, working with the head of food services, shall ensure that all district and food service staff with responsibilities under this policy will be trained on the provisions of this policy and the requirements of Education Law section 908.
Replaced and Adopted: July 5, 2018
8520 Free and Reduced Price Food Service
Availability, Application & Notification
Notice of the availability of the free and reduced price meal programs will be sent to the homes of students, local media, the local unemployment office and large employers experiencing layoffs in the area from which the district draws its attendance. Any child who is a member of a family unit whose income is below the federally established scale shall be eligible to receive such services.
To apply for the free or reduced price meal program:
a. Application forms will be available in the main office of each school building and on the district web site and can be completed and submitted at any time during the year.
b. Completed forms must be submitted to the Food Service Director at the district offices or the Building Principal of the school where the student attends prior to any determination of eligibility.
c. The parent or guardian will be informed of the determination of the Food Service Director at the district offices or the Building Principal’s determination within one week of receiving a properly completed application.
Applications will be kept confidential.
Upon written request, the Assistant Superintendent for Business will hear appeals of determinations regarding such services in compliance with federal regulations governing the National School Lunch Program.
In addition, in order to reach students who are categorically eligible for free and reduced price meals and to comply with state law, three times per school year the Food Service Director will review the list made available by the State Education Department of children ages three to 18 who are in households receiving federal food assistance, Medicaid benefits (for certain recipients), or Temporary Assistance for Needy Families (TANF) to identify students within the district. The district will send a notice to those families apprising them of their student’s eligibility to participate in the school meal programs without further application. Parents may decline participation by informing the district in writing. If the service is declined, the student will be removed from the eligibility list.
“Children in Head Start, or who have been determined to be homeless, migrant or runaway, or in foster care can be directly certified to participate in the district free and reduced price meal program. The Superintendent will develop implementing regulations.”
The Building Principal in conjunction with the Food Service Director will establish mealtime procedures that both protect the anonymity of the student and allow for proper accounting.
Adopted March 10, 2015
8630 Computer Resources and Data Management
As there has recently been increased in interest in “Cloud Computing” for schools, we have revised this policy by inserting some additional text (see underlined text below). When a district contracts with an offsite or cloud computing service, those servers, in effect, become part of the district’s network.
The Board of Education recognizes that computers are a powerful and valuable education and research tool and as such are an important part of the instructional program. In addition, the district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the Boards expectations in regard to these different aspects of the district’s computer resources.
The Superintendent shall be responsible for designating a person or persons who will oversee the use of district computer resources. The designated person or persons will prepare in-service programs for the training and development of district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.
The Superintendent, working in conjunction with the designated purchasing agent for the district, and assistant superintendent for instruction and designated person or persons, will be responsible for the purchase and distribution of computer software and hardware throughout the schools. They shall prepare and submit for the Board’s approval a comprehensive multi-year technology plan which shall be revised as necessary to reflect changing technology and/or district needs.
The Superintendent, shall establish regulations governing the use and security of the district’s computer resources. The security and integrity of the district computer network and data is a serious concern to the Board and the district will make every reasonable effort to maintain the security of the system. All users of the district’s computer resources shall comply with this policy and regulation, as well as the district’s Internet and Computer Acceptable Use Policy (AUP) (4510.2). Failure to comply may result in disciplinary action, as well as suspension and/or revocation of computer access privileges.
All users of the district’s computer resources must understand that use is a privilege, not a right, and that use entails responsibility. Users of the district’s computer network must not expect, nor does the district guarantee, privacy for electronic mail (e-mail) or any use of the district’s computer network. The district reserves the right to access and view any material stored on district equipment or any material used in conjunction with the district’s computer network.
Management of Computer Records
The Board recognizes that since district data is managed by computer, it is critical to exercise appropriate control over computer records, including financial, personnel and student information. The Superintendent, shall establish procedures governing management of computer records taking into account whether the records are stored onsite on district servers or on remote servers in the “cloud.”
The procedures will address:
separation of duties,
data back-up (including archiving of e-mail),
record retention, and
disaster recovery plans and notification plans
If the district contracts with a third-party vendor for computing services, the Superintendent will ensure that all agreements address the procedures listed above, as applicable.
Review and Dissemination
Since computer technology is a rapidly changing area, it is important that this policy be reviewed periodically by the Board and the district’s internal and external auditors. The regulation governing appropriate computer use will be distributed annually to staff and students and will be included in both employee and student handbooks.
Revised, Adopted May 7, 2013
Revised, Adopted October 6, 2015
8630-R Computer Resources and Data Management Regulation
The following rules and regulations govern the use of the district’s computer network system, employee access to the Internet, and management of computerized records.
- The Superintendent of Schools shall designate a computer network coordinator to oversee the district’s computer network.
- The computer network coordinator shall monitor and examine all network activities, as appropriate, to ensure proper use of the system.
- The computer network coordinator shall develop and implement procedures for data back-up and storage. These procedures will facilitate the disaster recovery and notification plan and will comply with the requirements for records retention in compliance with the district’s policy on School District Records (1120).
- The computer network coordinator shall be responsible for disseminating and interpreting district policy and regulations governing use of the district’s network at the building level with all network users.
- The computer network coordinator shall provide employee training for proper use of the network and will ensure that staff supervising students using the district’s network provide similar training to their students, including providing copies of district policy and regulations ( including policy 4526, Computer Use in Instruction) governing use of the district’s network.
- The computer network coordinator shall take reasonable steps to protect the network from viruses, other software, and network security risks that would comprise the network.
- All student and employee agreements to abide by district policy and regulations and parental consent forms shall be kept on file in the district office.
- Consistent with applicable internal controls, the Superintendent in conjunction with the school business official and the computer network coordinator, will ensure the proper segregation of duties in assigning responsibilities for computer resources and data management.
II. Internet Access
Student Internet access is addressed in policy and regulation 4526, Computer Use for Instruction. District employees and third party users are governed by the following regulations:
- Employees will be issued an e-mail account through the district’s computer network.
- Employees are expected to review their e-mail daily.
- Communications with parents and/or students should be saved as appropriate and the district will archive the e-mail records according to procedures developed by the computer network coordinator.
- Employees may access the internet for education-related and/or work-related activities.
- Employees shall refrain from using computer resources for personal use.
- Employees are advised that they must not have an expectation of privacy in the use of the district’s computers.
- Use of computer resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline.
III. Acceptable Use and Conduct
The following regulations apply to all staff and third party users of the district’s computer system:
- Access to the district’s computer network is provided solely for educational and/or research purposes and management of district operations consistent with the district’s mission and goals.
- Use of the district’s computer network is a privilege, not a right. Inappropriate use may result in the suspension or revocation of that privilege.
- Each individual in whose name an access account is issued is responsible at all times for its proper use.
- All network users will be issued a login name and password. Passwords must be changed periodically.
- Only those network users with permission from the principal or computer network coordinator may access the district’s system via Google Drive.
- All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.
- Network users identifying a security problem on the district’s network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of district computer use guidelines may be denied access to the district’s network.
IV. Prohibited Activity and Uses
The following is a list of prohibited activity for all staff and third party users concerning use of the district’s computer network. Any violation of these prohibitions may result in discipline or other appropriate penalty, including suspension or revocation of a user’s access to the network.
- Using the network for commercial activity, including advertising
- Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the district computer network.
- Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material.
- Using the network to receive, transmit or make available to others messages that are racist, sexist, abusive or harassing to others.
- Use of another’s account or password.
- Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.
- Forging or attempting to forge e-mail messages.
- Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy district equipment or materials, data of another user of the district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus, malware on the network, and not reporting security risks as appropriate.
- Using the network to send anonymous messages or files.
- Revealing the personal address, telephone number or other personal information of oneself or another person.
- Using the network for sending and/or receiving personal messages.
- Intentionally disrupting network traffic or crashing the network and connected systems.
- Installing personal software, using personal disks, or downloading files on the district’s computers and/or network without the permission of the appropriate district official or employee.
- Using district computing resources for fraudulent purposes or financial gain.
- Stealing data, equipment or intellectual property.
- Gaining or seeking to gain unauthorized access to any files, resources, or computer or phone systems, or vandalize the data of another user.
- Wastefully using finite district resources.
- Changing or exceeding resource quotas as set by the district without the permission of the appropriate district official or employee.
- Using the network while your access privileges are suspended or revoked.
- Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.
V. No Privacy Guarantees
Users of the district’s computer network should not expect, nor does the district guarantee, privacy for electronic mail (e-mail) or any use of the district’s computer network. The district reserves the right to access and view any material stored on district equipment or any material used in conjunction with the district’s computer network.
All users of the district’s computer network and equipment are required to comply with the district’s policy and regulations governing the district’s computer network. Failure to comply with the policy or regulation may result in disciplinary action as well as suspension and/or revocation of computer access privileges.
Any information pertaining to or implicating illegal activity will be reported to the proper authorities. Transmission of any material in violation of any federal, state and/or local law or regulation is prohibited. This includes, but is not limited to materials protected by copyright, threatening or obscene material or material protected by trade secret. Users must respect all intellectual and property rights and laws.
VII. District Responsibilities
The district makes no warranties of any kind, either expressed or implied, for the access being provided. Further, the district assumes no responsibility for the quality, availability, accuracy, nature or reliability of the service and/or information provided. Users of the district’s computer network and the Internet use information at their own risk. Each user is responsible for verifying the integrity and authenticity of the information.
The district will not be responsible for any damages suffered by any user, including, but not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by the user’s own negligence or any other errors or omissions. The district also will not be responsible for unauthorized financial obligations resulting from the use of or access to the district’s computer network or the Internet.
The district will take reasonable steps to protect the information on the network and provide a secure network for data storage and use, including ensuring that contracts with vendors address data security issues and that district officials provide appropriate oversight. Even though the district may use technical and/or manual means to regulate access and information, these methods do not provide a foolproof means of enforcing the provisions of the district policy and regulation.
Reviewed, Revised October 6, 2015
8635 Information and Security Breach Notification
The Board of Education acknowledges the heightened concern regarding the rise in identity theft and the need for secure networks and prompt notification when security breaches occur. To this end, the Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, to establish regulations which:
• Identify and/or define the types of private information that is to be kept secure. For purposes of this policy, “private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;
• Include procedures to identify any breaches of security that result in the release of private information; and
• Include procedures to notify persons affected by the security breach as required by law.
Additionally, pursuant to Labor Law §203-d, the district will not communicate employee “personal identifying information” to the general public. This includes social security number, home address or telephone number, personal electronic email address, Internet identification name or password, parent’s surname prior to marriage, or driver’s license number. In addition, the district will protect employee social security numbers in that such numbers shall not: be publicly posted or displayed, be printed on any ID badge, card or time card, be placed in files with unrestricted access, or be used for occupational licensing purposes. Employees with access to such information shall be notified of these prohibitions and their obligations.
Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district shall be promptly reported to the Superintendent and the Board of Education.
Adopted November 5, 2014
8635-R Information and Security Breach Notification Regulation
“Private information” shall mean personal information (i.e., information such as name, number, symbol, mark or other identifier which can be used to identify a person) in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:
• Social security number;
• Driver’s license number or non-driver identification card number; or
• Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual’s financial account.
“Breach of the security of the system” shall mean unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.
To successfully implement this policy, the district shall inventory its hard copy, computer programs and electronic files to determine the types of personal, private information that is maintained or used by the district, and review the safeguards in effect to secure and protect that information.
Procedure for Identifying Security Breaches
In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the district shall consider:
1. indications that the information is in the physical possession and control of an unauthorized person, such as removal of hard copies, lost or stolen computer, or other device containing information;
2. indications that the information has been downloaded, removed or copied;
3. indications that the information was used by an unauthorized person, such as fraudulent accounts, opened or instances of identity theft reported; and/or
4. any other factors which the district shall deem appropriate and relevant to such determination.
Security Breaches – Procedures and Methods for Notification
Once it has been determined that a security breach has occurred, the following steps shall be taken:
1. If the breach involved hard copy or computerized data owned or licensed by the district, the district shall notify those New York State residents whose private information was, or is reasonably believed to have been acquired by a person without valid authorization. The disclosure to affected individuals shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the system.
The district shall consult with the New York State Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures.
2. If the breach involved hard copy or computer data maintained by the district, the district shall notify the owner or licensee of the information of the breach immediately following discovery, if the private information was or is reasonably believed to have been acquired by a person without valid authorization.
The required notice shall include (a) district contact information, (b) a description of the categories information that were or are reasonably believed to have been acquired without authorization, (c) which specific elements of personal or private information were or are reasonably believed to have been acquired and (d) what the district is doing about it . This notice shall be directly provided to the affected individuals by either:
1. Written notice
2. Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and that the district keeps a log of each such electronic notification. In no case, however, shall the district require a person to consent to accepting such notice in electronic form as a condition of establishing a business relationship or engaging in any transaction.
3. Telephone notification, provided that the district keeps a log of each such telephone notification.
However, if the district can demonstrate to the State Attorney General that (a) the cost of providing notice would exceed $250,000; or (b) that the number of persons to be notified exceeds 500,000; or (c) that the district does not have sufficient contact information, substitute notice may be provided. Substitute notice would consist of all of the following steps:
1. E-mail notice when the district has such address for the affected individual;
2. Conspicuous posting on the district’s website, if they maintain one; and
3. Notification to major media
Notification of State and Other Agencies
Once notice has been made to affected New York State residents, the district shall notify the State Attorney General, the Department of State Division of Consumer Protection, and the State Office of Information Technology Services as to the timing, content, and distribution of the notices and approximate number of affected persons.
If more than 5,000 New York State residents are to be notified at one time, the district shall also notify consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. A list of consumer reporting agencies will be furnished, upon request, by the Office of the State Attorney General.
Reviewed November 5, 2014
8650 School District Compliance with Copyright Law
The Board of Education acknowledges the necessity of complying with federal laws governing the use of copyrighted material.
Infringement on copyrighted material, whether prose, poetry, graphic images, music, video or computer code, is a serious offense against federal law and contrary to the ethical standards required of staff and students alike. Each staff member is responsible for complying with the district’s copyright procedures. The district is not responsible for violations of the copyright laws by its staff or students.
Use of Copyrighted Materials
Limited use of copyrighted material for educational purposes, without permission, is allowable under the “fair use” doctrine. In order to determine if the use of copyrighted material is permitted under the fair use doctrine, the following factors must be weighed:
- The purpose and character of the use (i.e., is it for instructional purposes?);
- The nature of the copyrighted work (i.e. is it a newspaper article or photograph?);
- The amount and substantiality of the portion used in relation to the work as a whole (i.e., is it a short excerpt?)
- The effect of the use upon the potential market for or value of the copyrighted work (i.e. by reproducing it, does it impact the ability of the author/owner to sell it?)
Staff members should consult with the Assistant Superintendent for Instruction when they have a question as to the use of copyrighted material or if they need assistance in obtaining proper authorization for the use of material.
Materials Created by District Employees or Others
The district is the holder of the copyright for works made for hire (e.g., materials prepared by an employee within the scope of his/her employment, including instructional texts, tests, answer sheets, etc.). The district shall be considered the author and owner of the copyright unless there is a separate written agreement with the employee that specifies a different arrangement.
When work is specifically commissioned, and the author is not an employee of the district, there shall be a written agreement specifying authorship and copyright arrangements.
The Superintendent of Schools is hereby directed to keep accurate records of all materials involving copyright laws and to develop such rules and regulations as he/she may deem appropriate to carry out this policy.
Ref: 17 U.S.C. §§101; 106; 107; 117; 201; 302
Basic Books, Inc. v. Kinko’s Graphics Corp., 758 F. Supp. 1522 (SDNY 1991)
H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. (1976)
Adopted January 24, 2012
Revised and Adopted March 6, 2018
Revised and Adopted January 8, 2019
8650-R School District Compliance with Copyright Law Regulation
No copyrighted material may be reproduced or copied in any form except in accordance with the following rules:
1. Staff and students may make copies of material for personal reference and use.
2. Staff and students may make copies of material for distribution in class if:
a. the body of the material to be reproduced is no more than:
250 words of poetry; a single article, story or essay of up to 2500 words; an excerpt of up to 1000 words or 10% of a prose work, with a minimum ceiling of 500 words; or
a single illustration from a book or periodical;
b. the reproduction is done at the inspiration of the teacher, decided close to the time of the use, and not at the direction of higher authority;
c. reproduction by either teacher or student does not exceed:
one complete work or two excerpts from the same author or three from one collective work or periodical, but no more than 9 different reproductions of material, other than from news periodicals or newspapers, per semester;
one copy of each work per student;
d. the same work has not been reproduced by that teacher or student for any other class or during the preceding semester;
e. each reproduction bears a copyright notice, including the © or ® symbol, year of publication and name of the copyright owner.
3. No copies may be made from workbooks or other consumable works.
4. a. Staff may install proprietary computer software onto hard drives for normal use. The original copy and any other back-up copies thereof will be stored. No other copies will be made or used except as authorized by the specific license agreement.
b. Non-proprietary software may be copied by staff and students as desired.
c. Students will not copy district-owned proprietary software from district computers, nor install or use personal software, proprietary or non-proprietary, on district computers.
5. Staff and students may make audio or video tapes of copyrighted material, including musical and dramatic works, only for classroom use, including evaluation and rehearsal, unless done in accordance with paragraph 7, below.
6. a. Any other reproduction of copyrighted material will be made only after acquiring permission to do so from the copyright owner. This includes the creation of anthologies, collections and reviews for instructional use, and audio and video tapes for sale or other non-academic distribution.
b. The Superintendent may approve the payment of licensing fees and/or royalties on a case-by-case basis.
Note: Regulation added
Reviewed January 10, 2012
Revised, Reviewed March 6, 2018
8800 Energy Management Conservation Policy
As the Board of Education of the Guilderland Central School District, we believe that every effort should be made to conserve energy and natural resources while exercising sound financial management. The implementation of this policy is the joint responsibility of board members, administrators, teachers, students and support personnel and its success is based on cooperation at all levels.
The district will maintain accurate records of energy consumption and the cost of energy and will provide information to the local media on the goals and progress of the energy conservation program.
The principals will be responsible for supporting and directing energy management initiatives in their respective buildings with energy audits being conducted and conservation program outlines being updated. Judicious use of the various energy systems at each campus will be the joint responsibility of the principal and head custodian to ensure that an efficient energy posture is maintained on a daily basis.
To ensure the overall success of the energy management program, the following specific areas of emphasis will be adopted:
1. All district personnel will be expected to contribute to energy efficiency in our district. Every person, as an energy consumer, will be expected to be an “energy saver.”
2. Principals will be given feedback about the progress of the energy management program in their buildings.
3. These administrative Energy Guidelines will serve as the “rules of the game” in implementing our energy program.
Further, to maintain a safer and healthier learning environment and to complement the energy management program, the district shall develop and implement a preventive maintenance and monitoring plan for its facilities and systems, including HVAC, building envelope, and moisture management. The Board of Education of the Guilderland Central School District directs the superintendent and/or his agents to develop short and long range strategies in the areas of facilities management and preventive maintenance.
Adopted October 25, 2005
Adopted June 19, 2012
8800-R Energy Conservation and Building Management Regulation
• Every person, as an energy consumer, will be expected to be an “energy saver.”
• The teacher is responsible for implementing the guidelines during the time that he/she is present in the classroom.
• The custodian is responsible for control of common areas, i.e. halls, cafeteria, etc.
• Since the custodian is typically the last person to leave a building in the evening, he/she is responsible for verification of the nighttime shutdown.
• The principal is responsible for the total energy usage of his/her building.
• The Energy Manager performs routine audits of all facilities and communicates the audit results to the appropriate personnel.
• The Energy Manager provides regular reports to principals indicating performance with regards to energy savings.
• The district is committed to and responsible for maintenance of the learning environment.
• To complement the district’s energy management program, the district shall develop and implement a preventive maintenance and monitoring plan for its facilities and systems, including HVAC, building envelope, and moisture management.
1. Classroom doors shall remain closed when HVAC is operating. Ensure doors between conditioned space and non-conditioned space remain closed at all times (i.e. between hallways and gym area).
2. Proper and thorough utilization of data loggers will be initiated and maintained to monitor relative humidity, temperature, and light levels throughout the district’s buildings to ensure compliance with district guidelines.
3. All exhaust fans should be turned off every day and during unoccupied hours.
4. All office machines (copy machines, laminating equipment, etc.) shall be switched off each night and during unoccupied times. Fax machines should remain on.
5. All computers should be turned off each night. This includes the monitor, local printer, and speakers. Network equipment is excluded.
6. All capable PC’s should be programmed for the “energy saver” mode using the power management feature. If network constraints restrict this for the PC, ensure the monitor “sleeps” after 10-minutes of inactivity.
Cooling Season Occupied Set Points: 74 F-78 F
Unoccupied Set Point: 85 F
Heating Season occupied Set Points: 68 F-72 F
Unoccupied Set Point: 55 F
Set points are in accordance with ASHRAE 55 “Thermal Conditions for Human Occupancy”
AIR CONDITIONING EQUIPMENT
1. Occupied temperature settings shall NOT be set below 74° F.
2. During unoccupied times, the air conditioning equipment shall be off, except as may be necessary to adequately prepare a room for later use. The unoccupied period begins when the students leave the area at the end of the school day. It is anticipated that the temperature of the classroom will be maintained long enough to afford comfort for the period the teacher remains in the classroom after the students have left.
3. Air conditioning start times may be adjusted (depending on weather) to ensure classroom comfort when school begins.
4. Ensure outside air dampers are closed during unoccupied times.
5. Ceiling fans should be operated in all areas that have them.
6. For any 24-hr period of time, relative humidity levels shall NOT average greater than 60% where such testing controls are available.
7. Air conditioning should not be utilized in classrooms during the summer months unless the classrooms are being used for summer school or year-round school.
8. In all areas which have evaporative coolers such as shops, kitchens and gymnasiums, the doors leading to halls which have air conditioned classrooms or cafeteria areas should be kept closed as much as possible.
9. Where cross-ventilation is available during periods of mild weather, shut down HVAC equipment and adjust temperature with windows and doors. Cross-ventilation is defined as having windows and/or doors to the outside on each side of a room.
1. Occupied temperature settings shall NOT be above 72°F,
2. The unoccupied temperature setting shall be 55°F (i.e. setback). This may be adjusted to a 60°F setting during extreme weather.
3. The unoccupied time shall begin when the students leave an area.
4. During the spring and fall when there is no threat of freezing, all heating systems should be switched off during unoccupied times. Hot water heating systems should be switched off using the appropriate loop pumps.
5. Ensure all domestic hot water systems are set no higher than 120°F or 140°F for cafeteria service (with dishwasher booster).
6. Ensure all domestic hot water re-circulating pumps are switched off during unoccupied times.
1. All unnecessary lighting in unoccupied areas will be turned off. Teachers should make certain that lights are turned off when leaving the classroom when empty. Utilize natural lighting where appropriate.
2. All outside lighting shall be off during daylight hours.
3. Gym lights should not be left on unless the gym is being utilized.
4. All lights will be turned off when students and teachers leave school. Custodians will turn on lights only in the areas in which they are working.
5. Refrain from turning lights on unless definitely needed. Remember that lights not only consume electricity, but also give off heat that places an additional load on the air conditioning equipment and thereby increases the use of electricity necessary to cool the room.
1. Ensure all plumbing and/or intrusion (i.e. roof) leaks are reported and repaired immediately.
2. All watering should be done between 5:00 a.m. and 10:00 a.m. or at night after 10:00 p.m.
3. When spray irrigating, ensure the water does not directly hit the building.
NOTE: After official approval by administration a copy should be disseminated to all district personnel. Copies should be posted on bulletin boards, teacher’s lounges, district newsletters, etc.
Disclaimer: The district shall adopt, observe and implement these guidelines as provided. However, these regulations are not intended to be all-inclusive, and may be modified for specific conditions at individual buildings. These guidelines supersede all previous instructions related to energy conservation or building management.
Reviewed October 11, 2005
Reviewed June 19, 2012
8910 Recycling Policy
The Board of Education recognizes that the problem of solid waste disposal directly affects our environment and the quality of life-sustaining resources. The Board also believes that one function of the schools is to set an example in the stewardship of our natural resources and to develop responsible citizenship in students. Therefore, the district will act to make resource conservation an integral part of the physical operations of the district.
In its efforts to improve and encourage responsible solid waste management in the school and in the community, the Board supports a program of recycling and reuse of such waste materials. The Board directs the Superintendent of Schools to develop and implement a district-wide recycling program which will take into consideration the following:
1. resource conservation, including waste reduction, and encouraging the use of all products to their fullest extent prior to disposal;
2. minimization of the use of non-biodegradable products whenever possible;
3. a differentiation between biodegradable and non-biodegradable waste materials;
4. separation of waste materials into categories for recycling (i.e., paper, glass, aluminum, iron, plastic, etc.) and delivery of such materials to an appropriate recycling agency in cooperation with recycling efforts in the community;
5. whenever financially viable, the purchase and/or use of recycled products; and
6. participation of district students and staff on all levels in the recycling program. Such participation shall take into consideration any appropriate health, safety, and risk management concerns.
Adopted March 10, 2015
8910-R Recycling and Conservation Regulations
The Recycling and Conservation Coordinator (RCC), in collaboration with building principals will be responsible for supporting and directing sustainability and conservation projects. The principal and head custodian will support the use of re-usable and recyclable supplies, materials and equipment in each building whenever practicable. Each building will promote the disposal of waste/compostable materials, and the recycling, containment and reclamation of materials. The RCC will maintain accurate records of recycling and conservation projects and programs and their costs to measure the goals and progress of the programs.
To ensure the overall success of the recycling and conservation program, the following areas will be emphasized:
1. All district personnel will be encouraged to contribute to sustainability endeavors. Every person should be a “resource saver” as well as a “resource consumer.”
2. Recycling and Conservation Guidelines will guide the district through the process of implementing our sustainability programs.
Recycling and Conservation Guidelines:
• Each employee and student in the district is a resource consumer; and so is encouraged to be conscientious about reducing consumption.
• Each classroom teacher is responsible for encouraging students to follow the recycling and conservation guidelines while they are in the classroom.
• A member of the custodial team is responsible for recycling and materials management in common areas, i.e. halls, cafeteria, etc.
• Since each building’s head custodian (or a member of his/her team) is typically the last person to leave a building in the evening, he/she is responsible for the nighttime monitoring of adherence to recycling and conservation measures and should report any non-compliance to the RCC
• The Recycling and Conservation Coordinator may periodically conduct audits of all facilities and communicate the audit results to the Director of Facilities.
• The district supports a project-based learning approach regarding these guidelines as a method for students to practice personal accountability to their environment and sustainability measures for their future.
Through conservation and recycling efforts, the district endeavors to integrate sustainability into operational practices, district protocols and priorities:
• The district endeavor to gather unused equipment, supplies and materials from the various buildings at the end of the school year for re-use the following year.
• The district will encourage front/back printing of all materials whenever possible and practicable.
• The district will maintain its commitment to the Green Task Force.
• In accordance with New York State regulations, district will continue to use green cleaning products.
• The district will continue to support the effort to recycle or re-use materials such as:
o Paper/cardboard/books (mainstream and confidential)
o Metal (including bus parts)
o Electronic equipment
o Waste oil
• To the extent practicable, the district will continue support activities and events that highlight its commitment to recycling and conservation such as:
o the annual celebration of Earth Week (in April each year)
o the annual celebration of America Recycles Day (in November of each year)
o community-wide recycling events
Adopted March 10, 2015