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5010 Harassment (including Sexual Harassment) and Discrimination

Purpose

Guilderland Central School District believes in the dignity of the individual and recognizes the rights of all people to equal employment opportunities in the workplace. In this regard, Guilderland Central School District is committed to a policy of protecting and safeguarding the rights and opportunities of all people to seek, obtain and hold employment without being subjected to unlawful harassment or discrimination in the workplace.  The Guilderland Central School District’s policy is to provide an employment environment free from discrimination and harassment based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression). Guilderland Central School District prohibits discrimination based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression) and will not tolerate any form of unlawful discrimination or harassment. Guilderland Central School District will take all steps necessary to prevent and stop the occurrence of unlawful discrimination and/or harassment in the workplace.  

All employees, including, but not limited to, Guilderland Central School District officials and supervisory personnel, are responsible for promoting a work environment free from prohibited discrimination and harassment. All employees will be held responsible and accountable for avoiding or eliminating inappropriate conduct that may give rise to a claim of prohibited discrimination and/or harassment. Employees are encouraged to report violations to one of the Compliance Officers listed in Section 7 of this Policy and on the District’s website, https://www.guilderlandschools.org, in accordance with the Complaint Procedure set forth in this Policy. Officials and supervisors must take immediate and appropriate corrective action when instances of prohibited discrimination and/or harassment come to their attention to ensure compliance with this Policy.

Each employee is assured, pursuant to Section 4 of this Policy, that retaliation against an individual who makes a complaint or report in good faith under this Policy is absolutely prohibited and constitutes, in and of itself, a violation of this Policy.

Any questions regarding the scope or application of this Policy should be directed to one of the Compliance Officers listed in Section 7 of this Policy and on the District’s website, https://www.guilderlandschools.org.

A. Scope of Policy:  This Policy applies to all Guilderland Central School District employees and all personnel in a contractual or other business relationship with Guilderland Central School District, including, for example, applicants, temporary or leased employees, independent contractors, vendors, consultants, and volunteers. Depending on the extent of Guilderland Central School District’s exercise of control, this Policy may be applied to the conduct of non-employees with respect to unlawful harassment and/or discrimination of Guilderland Central School District employees in the workplace. This Policy applies with equal force on District property as it does at District-sponsored events, programs, and activities. Actual or perceived harassment based upon any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression).

B. Policy Objectives:  By adopting and publishing this Policy, the Guilderland School District Board of Education intends to:  

(1) notify employees about the types of conduct which constitute discrimination or harassment prohibited by this Policy;
(2) inform employees about the complaint procedures established by the District which enable any employee who believes (s)he is the victim of discrimination or harassment to submit a complaint which will be investigated by the District;
(3) clearly advise all supervisory staff, administrators, and employees that discriminatory treatment based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression) is strictly prohibited; and
(4) notify all employees that the District has appointed Compliance Officers who are specifically designated to receive complaints of discrimination based on any characteristic, including but not limited to a person’s actual or perceived:  race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression). and ensure compliance with this Policy.

Adopted August 18, 2009
Revised, Adopted June 17, 2014
Reviewed, Adopted April 13, 2021

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5010-R Harassment (including Sexual Harassment) and Discrimination Regulations

Section 1: Definitions

  1. Prohibited Discrimination 
    Prohibited discrimination of employees can take the form of any negative treatment of an employee, by either a District employee or official, or a third party engaged in school-sponsored activities which: (a) negatively impacts an employee’s employment opportunities and/or employment benefits; and (b) is based upon the employee’s characteristics, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression). Prohibited discrimination of employees can also take the form of harassment even where there is no tangible impact upon the employee’s employment opportunities and/or employment benefits. The phrase “prohibited discrimination” as used in this Policy includes all forms of “prohibited harassment” (defined below).
  2. Prohibited Harassment 
    Harassment can constitute a form of prohibited discrimination under this Policy if it is unwelcome, offensive, and has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile or offensive working environment. Such harassment of employees is prohibited by this Policy if it is based upon any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression). In this regard, individuals subject to this Policy should be mindful that conduct or behavior that is acceptable, amusing or inoffensive to some individuals may be viewed as unwelcome, abusive or offensive to others.
  3. Prohibited Behavior
    While it is impossible to list all of the possible forms of prohibited harassment, the following is a list of examples of conduct that may constitute harassment:

    1. Using slurs or derogatory terms based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression).
    2. Telling derogatory jokes or stories based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression). 
    3. Displaying graffiti or other derogatory or insulting writings based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression).
    4. Making degrading comments about a person and/or their appearance based on any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression).
    5. Sending, distributing, or displaying paper or electronic images or electronic data (e.g., internet sites or e-mails) that are pornographic, profane, lewd, or inappropriate for a professional environment.
    6. Demeaning or criticizing an individual because of any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression).
    7. Sabotaging, damaging, or interfering with an individual’s work because of that individual’s characteristics, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression).
    8. Threatening or intimidating an individual because of any characteristic, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression).

As set forth above, this list is not intended to be all-inclusive. Furthermore, while a single incident of these types of behavior may not create a hostile working environment, if such behavior is severe, persistent or pervasive, or if submission to such conduct is made either explicitly or implicitly a term or condition of employment, such conduct constitutes prohibited discrimination and/or harassment.

NOTE: This Policy does not regulate conduct which is unrelated to an individual’s characteristics, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression). Although Guilderland Central School District intends to create a respectful working environment that is free from inappropriate conduct or unfair treatment, this Policy does not apply to such conduct or treatment absent a relation to an individual’s characteristics, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression). In other words, this Policy is not designed to resolve personality disputes between colleagues or between an employee and supervisor, unless such dispute is related to the employee’s characteristics, including but not limited to a person’s actual or perceived: race, color, weight, national origin, ethnic group, religion, religious practice, disabling condition, sex, sexual orientation, or gender (including gender identity and expression).

Section 2: Policy Enforcement

  1. Complaint Procedure for Employees
    1. Notification Procedure: Prompt reporting of complaints is encouraged so that timely and constructive action can be taken before relationships become strained.  Reporting of all perceived incidents of prohibited discrimination and/or harassment is encouraged, regardless of the offender’s identity or position.  An employee or other individual who feels aggrieved because of harassment or discrimination has several ways to make their complaint known:
      1. An aggrieved person who feels comfortable doing so should directly inform the person[s] engaging in the harassment or discrimination that such conduct or communication is offensive and must stop.
        Note: Confronting the offender is NOT required. All employees have the right to file a good faith complaint without first communicating with the offender.
      2. An aggrieved person who does not wish to communicate directly with the individual whose conduct or communication is offensive, or who has engaged in direct communication with the offending party which has been unavailing, shall contact a Compliance Officer listed in Section 7 of this Policy, or the Superintendent of Schools. 
      3. An aggrieved person alleging harassment or discrimination by anyone with supervisory authority, or alleging failure of supervision to take immediate action on the individual’s complaint, shall contact one of the Compliance Officers, or the Superintendent of Schools.
      4. An aggrieved person who is a member of a collective bargaining unit may also be entitled to file a grievance through the collective bargaining grievance procedure depending on the particular terms of the governing collective bargaining agreement. Such filing may not, in all cases, trigger an investigation pursuant to this Policy. Consequently, aggrieved persons are encouraged to simultaneously utilize the Complaint Procedure set forth herein, where appropriate.
    2. Making a Complaint: All complaints should be in writing. All employees are encouraged to use the District’s “Workplace Harassment Complaint Form-5010-E.1”. A copy of this form is attached to this Policy. Additional complaint forms can be obtained from any Principal’s office within the District, or from a Compliance Officer, with no questions asked. Because an accurate record of the allegedly objectionable behavior is necessary to resolve a complaint of prohibited discrimination, all complaints should be reduced to writing. If an employee has any questions about or difficulty with filling out the complaint form, (s)he can obtain assistance from any one of the Compliance Officers. All complaints should include: the name of the complaining party, the name of the alleged offender(s), date of the incident(s), description of the incident(s), names of witnesses to the incident(s), and the signature of the complaining party. 

      Once the complaining party has completed and dated a complaint, with or without the assistance of one of the District’s Compliance Officers, the written complaint should be personally delivered to one of the District’s Compliance Officers or placed in their mailbox.

      If for any reason an employee is uncomfortable submitting a written complaint to a Compliance Officer located in the building where that employee is generally assigned, the written complaint may be submitted, either by hand delivery or mail, to any one of the Compliance Officers listed in Section 7 below, to the Superintendent of Schools who will then advise a Compliance Officer. 

      Complainants are expected to cooperate with the District’s investigation procedures by providing all relevant information relating to the complaint, as are other supervisory and non-supervisory employees having relevant or related knowledge or information. 

  2. Time for Reporting a Complaint: Prompt reporting of all complaints is strongly encouraged. All employees should be aware that appropriate resolution of discrimination complaints and effective remedial action oftentimes is possible only when complaints are promptly filed. Furthermore, complaining parties should be aware that statutes of limitations may constrain the time period for instituting legal actions outside of this Policy.
  3. Confidentiality and Privacy: In recognition of the personal nature of discrimination complaints and the emotional impact of alleged discrimination, the District shall keep complaints as confidential as is consistent with a thorough investigation, applicable collective bargaining agreements, and other laws and regulations regarding employees. For the protection of all individuals who make complaints or are accused of prohibited discrimination, every witness interviewed during an investigation under this Policy will be advised of the confidentiality requirement and instructed not to discuss the complaint, the investigation, or the persons involved. To the extent complaints made under this Policy implicate criminal conduct, the District may be required by law to contact and cooperate with the appropriate law enforcement authorities.
  4. Acknowledgment of Complaints: Upon receipt of a written complaint, the Compliance Officer, Building Principal, or Superintendent of Schools should endeavor to contact promptly the complainant to confirm that the written complaint has been received. If the complainant does not receive such confirmation promptly, (s)he is encouraged to file a second written complaint or contact a Compliance Officer or the Superintendent. The purpose of this acknowledgment procedure is to ensure that all written complaints are received by authorized individuals, carefully processed and promptly investigated.

Section 3: Investigation Procedures

  1. Timing of Investigations: The District will promptly investigate all allegations of discrimination and harassment prohibited by this policy. The District will also attempt to complete investigations under this policy promptly. The length of the investigation will depend upon the complexity and particular circumstances of each complaint.
  2. Method of Investigation: Investigations may be conducted by a District Administrator/Supervisor, the District’s Compliance Officers, the District’s legal counsel, and/or other impartial persons designated by the Superintendent of Schools. The primary purposes of all investigations under this Policy will be to determine:
    1. Did the conduct complained of occur?
    2. Did the conduct complained of violate this Policy? and
    3. What remedial or preventative steps, if any, are recommended?

      Investigations may include: fact-finding interviews, document review, depositions, observations, or other reasonable methods. The District’s investigators should pursue reasonable steps to investigate each complaint in a thorough and comprehensive manner. Any notes, memoranda, or other records created by the District employees or agents conducting an investigation under this Policy shall be deemed confidential and privileged to the extent allowed by law.

  3. Notification to Complaining Party and the Accused Party: The Superintendent, or his or her designee, shall notify the complainant of the outcome of the investigation promptly. Such notification shall be in writing, include a brief summary of the factual findings and, wherever possible, shall include a summary of remedial measures that have been or will be taken by the District.

    While reasonable efforts will be made to inform the complaining party about the outcome of investigations, the District will nonetheless consider the privacy rights of all parties involved in disseminating information obtained during and through the investigation.

    The Superintendent, or designee, shall promptly notify the person accused of violating this Policy, whether a violation of this Policy was found and what remedial measures, if any, will be taken by the District.

  4. Remedial Measures: The Guilderland Central School District’s primary goal in responding to complaints of prohibited discrimination under this Policy is prevention. This Policy is intended to prevent all forms of unlawful discrimination and harassment in the District and put an end to any prohibited discrimination that is found to have occurred. While disciplinary action may be appropriate in certain instances, punitive measures are not the exclusive means for responding to prohibited discrimination. During the pendency of any investigation being conducted pursuant to this Policy, remedial measures may be taken if appropriate and necessary.

    Any individual who is found to have engaged in prohibited discrimination, or conduct which may be prohibited by this Policy, may receive education, training, counseling, warnings, discipline, or other measures designed to prevent future violations of this Policy. Disciplinary action may include: warnings, suspension, or discharge from employment consistent with any applicable collective bargaining agreement(s). Any third party found to have engaged in discrimination or harassment of an employee may be barred from District property.

Section 4: Prohibition Against Retaliation and Abuse of the Policy

Retaliation is strictly prohibited by this Policy and by law against anyone who in good faith reports a suspected violation of this Policy, who assists in making such a complaint, or who cooperates in a harassment or discrimination investigation. Retaliation includes any adverse action in response to a complaint being made.

Complaints of retaliation should be brought directly to a Compliance Officer, Building Principal or the Superintendent of Schools. Such complaints will be promptly investigated. If retaliation is found, the person retaliating may be subject to corrective action up to and including termination from employment consistent with any applicable collective bargaining agreement(s), or in the case of a non-employee, an appropriate remedy up to and including termination of the business relationship.

Knowingly making a false complaint or report of harassment or discrimination is strictly prohibited by this Policy. An individual who in bad faith makes a false complaint or report of harassment or discrimination may be subject to disciplinary action up to and including termination in accordance with legal guidelines, District policy, and any applicable collective bargaining agreement(s). 

Section 5: Record Keeping

The District shall maintain a written record of all complaints of discrimination and/or harassment prohibited by this Policy for a period of at least six years. The District shall also document the steps taken with regard to investigations, as well as conclusions reached and remedial action taken, if any. The District shall also maintain these documents for, at a minimum, six years.

The District records regarding alleged discrimination shall be maintained separate and apart from personnel records.

Section 6: Questions

Any questions by employees of the District about this Policy or potential discrimination should be brought to the attention of one of the District’s Compliance Officers or the Superintendent of Schools. The names, addresses, and telephone numbers of the District’s Compliance Officers are listed in Section 7 of this Policy and on the District’s website: https://www.guilderlandschools.org. 

Section 7: Compliance Officers

Name: Mr. Regan D. Johnson
Office Location: District Offices
Telephone Number: (518) 456-6200, ext. 0117
Mail Box Location: District Offices

Name: Ms. Rachel Anderson
Office Location: District Offices
Telephone Number: (518) 456-6200, ext. 0119
Mail Box Location: District Offices

Section 8: Effective Date and Policy Dissemination

The effective date of this Policy shall be July 6, 2009. The Superintendent of Schools shall ensure that this Policy is adequately disseminated and made available to all employees of the District. Notification of this Policy shall be published at the beginning of each school year, to all new District employees, and on the District’s website, https://www.guilderlandschools.org. In addition, copies of this Policy and Complaint Form shall be maintained in the office of each Compliance Officer; the office of each Building Principal; each library in the District; and the District Policy Book.

Upon the effective date of this Policy, the provisions of this Policy shall supersede and replace all prior District policies and regulations regarding employee discrimination and harassment, and related complaint procedures.

Ref:  Title VII, 42 U.S.C. §2000-e2(a)
           Executive Law §§290 et seq.
Reviewed: June 23, 2009
Revised: June 17, 2014
Revised, Reviewed April 13, 2021
Revised, Reviewed October 3, 2023   

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5010-E.1 Workplace Harassment Complaint Form (Including Sexual Harassment)

This form is to be used to document any claim of illegal harassment, including sexual harassment. that occurs in the workplace. To ensure that all harassment complaints are managed appropriately, effectively, and in accordance with the district’s policies, harassment complaints, including sexual harassment complaints, will be recorded using this form. Only those individuals authorized to receive such complaints may do so. If needed, guidance can be obtained from the Assistant Superintendent for Human Resources. Click here for the Workplace Harassment Complaint Form.

Reviewed June 17, 2014
Revised, Reviewed April 13, 2021

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5020 Equal Educational Opportunities

All students should be encouraged to develop and achieve to their potential. The district, therefore, shall provide every student with equal educational opportunities regardless of race, weight, color, creed, sex, sexual orientation, gender (identity or expression), national origin, language, religion or religious practice, age, economic status, or disability.

An educational environment will be fostered that provides equal educational opportunity for all students. Educational programs and services will be designed to meet the needs of all students and shall not discriminate based upon any of the above-mentioned factors. No student will be excluded on such basis from participating in or having access to any course offerings, student athletics, counseling services, employment assistance, extracurricular activities or other school resources.

The Superintendent of Schools shall be responsible for implementing this policy.

Ref: Americans with Disabilities Act of 1990, 42 USC §§12131-12134
Civil Rights Act of 1964, as amended in 1972, Title VI, Title VII
Executive Order 11246, 1965, amended by Executive Order 11375
Educational Amendments of 1972, Title IX; 45 CFR, Parts 81, 86 
Education for all Handicapped Children Act (P.L. 94-142)
Vocational Rehabilitation Act of 1973, §504
Brown v. Board of Education, 347 U.S. 483 (1954)
Education Law §§10-18 (The Dignity for All Students Act)

Adopted November 28, 2006
Revised and Adopted May 7, 2013
Revised and Adopted April 13, 2021

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5020.2 & 9110.5 Racial Harassment of Students, Racial Harassment of Staff

The Board of Education is committed to safeguarding the rights of all individuals within the school district to participate in an environment that is free from racial* discrimination, including racial harassment. The Board recognizes that racial harassment can originate from a person of the same or different race of the victim including peers, employees, board members or any individual or group, who foreseeably might come in contact with a person(s) on school grounds or at school-sponsored activities.

Racial harassment consists of different treatment on the basis of race and is recognized in different forms including, but not limited to:

  1. when the district’s employees or agents, acting within the scope of official duties, treat a person(s) differently than others solely on the basis of race; or
  2. when the education environment is not kept free from discrimination because the harassing conduct interferes with or limits the ability of an individual or group to participate in or benefit from the services, activities or privileges provided.

The Board also prohibits any retaliatory behavior against complainants, or any witnesses.

Any person or group who believes that he/she/it has been subject to racial harassment should report the alleged misconduct immediately, so that corrective action, up to and including discharge of an employee or suspension of a student, may be taken. The complainant shall not be discouraged from reporting an incident of alleged racial harassment. In the absence of such complaint, the Board or Superintendent, upon learning of, or having reason to suspect, the occurrence of any racial harassment, will ensure that an investigation is promptly commenced by appropriate individuals.

The Superintendent of Schools is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of racial harassment. Such procedures are to be consistent with any applicable provisions contained in the district’s policy manual, collective bargaining agreements, the tenure laws as well as other Federal and State laws on racial harassment.

The Superintendent shall establish training programs for students and employees to raise awareness of the issues surrounding racial harassment and to implement preventative measures to help reduce incidents of racial harassment.

A copy of this policy and its accompanying regulation are to be distributed to all personnel and students and posted in appropriate places.

*For the sake of simplicity and clarity, the term “race” shall be used throughout this policy to refer to all forms of discrimination prohibited by Title VI — that is, race, color, and national origin.

Adopted June 6, 1995
Re-adopted March 23, 2010
Revised, Adopted April 13, 2021

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5020.3 Students with Disabilities Pursuant to Section 504

The Board of Education affirms its compliance with those sections of the Rehabilitation Act of 1973 dealing with program accessibility.
Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities in federally assisted programs or activities solely on the basis of disability. The District shall make its program and facilities accessible to all its students with disabilities.
The District shall also identify, evaluate and extend to every qualified student with a disability under Section 504 a free, appropriate public education, including modifications, accommodations, specialized instruction or related aids and services, as deemed necessary to meet their educational needs as adequately as the needs of nondisabled students are met.
The District official responsible for coordination of activities relating to compliance with Section 504 is the Superintendent of Schools. This official shall provide information, including complaint procedures, to any person who feels his/her rights under Section 504 have been violated by the District or its officials.
This policy shall remain in full force and effect unless modified by the Board of Education.

Last Revised: May 2009
Adopted: January 19, 2010
Revised: October 4, 2016

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5030 Hazing Policy

Joining groups is a basic human need. Forming a sense of identity and belonging is a major developmental task for students. In any group activity, building a spirit of team comradery should be an important goal. The Guilderland Central School District enacts this policy to ensure and maintain a safe learning environment for students that is free from hazing. Hazing activities of any type are inconsistent with the educational goals of the school district and are prohibited at all times.

Definition

  1. “Hazing” means committing an act against a student or group of students, or coercing a student into committing an act, that creates a risk of harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose. The term hazing includes, but is not limited to:
    1. Any humiliating or dangerous activity expected of a student to join a group, regardless of the student’s willingness to participate (conduct has the potential to endanger the mental or physical health or safety of a student).
    2. Any hurtful, aggressive, destructive or disruptive behavior such as but not limited to striking, stripping, sleep deprivation, confinement in a restricted area, calisthenics or other activity that subjects the student to a risk of harm or that adversely affects the mental or physical health or safety of the student.
    3. Any use or abuse of tobacco, alcohol, drugs or other substances that subjects the student to a risk of harm or that adversely affects the mental or physical health or safety of that student.
    4. Any activity that intimidates or threatens the student with ostracism; subjects a student to mental stress, embarrassment, shame or humiliation; or adversely affects the mental health or dignity of the student or group of students.
    5. Any activity that causes or requires the student to perform a task that involves violation of state or federal law or of school district policies and regulations.
  2. “Student organization” means a group, club, or organization having students as its primary members or participants. It includes grade levels, classes, teams, activities or particular school events. A student organization does not have to be an official school organization to come within the terms of this definition.

Staff Responsibilities

Administrators, coaches, teachers, volunteers, or any district employee shall be alert to possible situations, circumstances or events that constitute hazing. Any such person, who receives a report of, observes or has other knowledge or belief that such conduct is occurring shall alert the building principal, School Resource Officer, Athletic Director, teacher, counselor, social worker, advisor, assistant/house principal or coach immediately. Administrators, coaches, teachers and/or any district employee shall not plan, direct, encourage, aid in, engage in, permit, condone or tolerate hazing. A person who engages in an act that violates school policy or law shall be subject to discipline for that act.

When and Where Policy Applies

This policy applies to behavior that occurs on or off school property, before, during and after school hours, as it relates to a school activity.

Formal Reporting Procedures

Any person who suspects that he/she has been a victim of hazing or any person with knowledge or belief of conduct that may constitute hazing shall report the alleged act(s) immediately to the appropriate school official that might include building principal, Athletic Director, teacher, counselor, social worker, advisor, assistant/house principal, coach or any member of the school staff. A copy of all written documents from any investigation shall upon completion be forwarded to the District Office, Administrator for Human Resources.

School District Action

  1. Upon receipt of the formal complaint or the report of alleged acts of hazing, school district officials or a third party designated by the school district will undertake an investigation.
  2. If necessary, the school district will take immediate steps to protect the complainant, reporter, students, or others pending the completion of investigation of hazing.
  3. The investigation will be completed as soon as possible and a report will be filed with the building principal and the Superintendent upon completion of the investigation. Appropriate action will be taken by the school district against any student, coach, volunteer or any other district employee who is found to have violated this policy. Such action may include but is not limited to a warning, mandatory counseling, suspension, expulsion, or discharge. Depending on the severity of the infraction, law enforcement officials may be involved as well.

Reprisal

The school district will discipline or take appropriate action against any student, teacher, administrator, volunteer, coach, or any school employee who retaliates against a person who makes a good faith report of alleged hazing or against any person who testifies, assists, or participates in a proceeding or hearing relating to such hazing. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

Dissemination of Policy

This policy will be published in the School Code of Conduct and the Athletic Code of Conduct and posted to the Athletics webpage. The policy will be reviewed by the Athletic Director with coaches at the pre-season meeting held in the fall, winter, and spring. Also, each coach is asked to return the signed statement to the Athletic Director acknowledging an awareness and commitment to uphold this policy.

Cross Reference: District’s Student Code of Conduct

Adopted April 23, 2002
Adopted January 10, 2012
Revised, Adopted March 16, 2021

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5035 Student Complaints and Grievances

under Title IX, Section 504 of the Rehabilitation Act or the Americans with Disabilities Act)
With respect to State and federal laws relating to discrimination in any form, the Board of Education believes it is necessary that students be made aware of the behavior that is expected of them, as outlined in district policies on school conduct and discipline. Students shall also be given an opportunity to be heard on complaints and grievances they may have.
A student filing a complaint or grievance alleging that there is an action affecting them which is prohibited by Title IX and/or Section 504 of the Rehabilitation Act or the Americans with Disabilities Act shall be provided with information regarding the prompt and equitable resolution of the complaint or grievance. Furthermore, a student shall have the right to present complaints and grievances in accordance with the procedure free from coercion, interference, restraint, discrimination or reprisal.
Building Principals are responsible for ensuring that appeal procedures are incorporated into discipline codes, explained to all students, and provided to all parents on an annual basis.

Annual Notification

At the beginning of each school year, the district shall publish a notice of the established grievance procedures for resolving complaints of discrimination due to sex and/or disability to parents/guardians, employees, eligible students and the community. This policy will be listed on the district website and referenced in the school calendar sent to Guilderland families. The public notice shall:

1. inform parents, employees, students and the community that educational programs are offered without regard to race, weight, color, creed, sex, sexual orientation, gender (identity or expression), national origin, language, religion or religious practice, age, economic status, or disability;
2. provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination due to sex and/or disability; and
3. be included in announcements, bulletins, catalogues, and applications made available by the district.

The Superintendent of Schools shall establish regulations and procedures for presenting problems or appealing decisions which affect individual students, in accordance with applicable statutory requirements, and for the resolution of complaints or grievances which may affect the student body.

Adopted October 25, 2005
Revised and Adopted May 7, 2013

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5035-R Student Complaints and Grievances Regulation

Definitions

1. Grievant shall mean a student who alleges that there has been a violation of Title IX or Section 504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA) statute or regulations which affect him/her.
2. Grievance shall mean any alleged violation of Title IX, Section 504 or the ADA statute or regulations.
3. Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under Title IX, Section 504 or the ADA.
4. Representative shall mean any person designated by the grievant as his/her counsel or to act in his/her behalf.

Individual complaints and grievances shall be handled in accordance with the following guidelines:

1. For informal conciliation, students should confer with the appropriate teacher or school personnel to achieve prompt resolution. Students may appeal to the highest authority in the school building, i.e., the Building Principal, who has the final determination on all such matters.
2. For resolution of matters where appeal procedures are prescribed by statute, e.g., student suspensions, the prescribed course of action will be followed.
3. On issues affecting the student body, secondary level students may address the student government or student council in order to resolve such matters. Students may be afforded a conference with the Building Principal in accordance with the rules and procedures established by the student government.
4. The resolution of student complaints alleging any action prohibited by Title IX, Section 504 or the ADA shall be dealt with in the following manner:

Stages

A. Stage 1 – Compliance Officer

Within 20 school days after the events giving rise to the grievance, the grievant shall file a grievance in writing with the Compliance Officer. The Compliance Officer may informally discuss the grievance with the grievant and shall promptly investigate the complaint. All employees of the school district shall cooperate with the Compliance Officer in such investigation.

2. Within 15 school days of the receipt of the grievance, the Compliance Officer shall make a finding in writing that there has or has not been a violation of Title IX, Section 504 of the Rehabilitation Act or the ADA. In the event the Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the complaint.

If the grievant is not satisfied with the finding of the Compliance Officer, or with the proposed resolution of the grievance, the grievant may, within 10 school days after he/she has received the report of the Compliance Officer, file a written request for review by the Superintendent.

B. Stage II – Superintendent of Schools

1. The Superintendent may request that the grievant, the Compliance Officer, or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the grievance and the facts surrounding it.
2. The Superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements in support of their position in the case. Such hearing shall be held within 15 school days of the receipt of the appeal by the Superintendent.
3. Within 10 school days of the hearing, the Superintendent shall render his/her determination in writing. Such determination shall include a finding that there has or has not been a violation of Title IX, Section 504 of the Rehabilitation Act or the ADA, and a proposal for equitably resolving the complaint.
4. If the grievant is not satisfied with the determination of the Superintendent, the grievant may, within 10 school days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.

C. Stage III – Board of Education

1. When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.
2. The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 school days of the receipt of the request of the grievant. At the hearing, the record will be reviewed. Each party may submit a written summary statement in support of their arguments at the time of the hearing but the decision by the Board of Education will be based upon the record as presented to the superintendent.
3. The Board shall render a decision in writing within 10 school days after the hearing has been concluded.

Distribution of the Grievance Procedure

A copy of the procedure shall be distributed to all employees and to all students or their parents/guardians or listed on the school district website and subsequently referenced in appropriated faculty and student handbooks. A copy of this procedure shall be available for public inspection at reasonable times with the District Clerk or at the office of the Compliance Officer.

Notes: 1. School days are defined as those times when students or faculty are in attendance.
2. Any complaints submitted within ten (10) days of the end of the school year or later may be carried over into the next school year. However, every effort will be made to follow
the procedures within the time frame established and to address the complaint as soon as possible.

Reviewed October 11, 2005
Reviewed April 23, 2013

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5040 Student Religious Expression

It is the policy of the Board of Education to not prevent, or otherwise deny student participation in, constitutionally protected prayer in the district’s schools, consistent with guidance issued by the U.S. Secretary of Education, and applicable judicial decisions interpreting the religion clauses of the First Amendment of the U.S. Constitution. The district protects students’ rights to freedom of expression and freedom of religious exercise in school. The district must also balance those rights with its duty to address religion in a neutral manner. All students have the right (and for those of compulsory education age, the duty) to attend school. The district promotes an educational climate where religious practices and beliefs are neither compelled nor prohibited for students. The district will consult with its school attorney for clarification on the application of this policy to individual situations, as needed. Generally, students will not be permitted to express themselves in a manner which constitutes discrimination or harassment against other students.

This policy supersedes any other Board policy that might be inconsistent with it.

  1. Prayer

    Prayer During Non-Instructional Time
    Students may privately express themselves in accordance with their religious beliefs, for example by reading religious materials, saying prayers before meals, and worshiping or studying religious materials, either alone or with other students during non-instructional time (such as recess and meals), to the same extent that they may engage in nonreligious activities, as long as such activities do not disrupt the educational process of the school.

  2. Other Religious Expression

    Dress Code
    The district’s dress code is included as part of the Code of Conduct. The dress code will not single out religious attire in general, or attire of a particular religion, for prohibition or regulation. If the district makes exceptions to the dress code for nonreligious reasons, it will also make exceptions for religious reasons, absent a compelling interest. Students may display religious messages on items of clothing to the same extent that they are permitted to display other comparable messages. Religious messages will not be singled out for suppression, but rather are subject to the same rules as generally apply to comparable messages.

    Excusals from School for Religious Observance and Education

    Parental requests to excuse students from school to accommodate religious needs will not be given less favorable treatment than parental requests for excusal for nonreligious needs. The district will not encourage nor discourage such absences, nor penalize students for them. Allowing student absence for religious observance and instruction is required under Education Law §3210 and Commissioner’s regulations 8 NYCRR §109.2, upon written request by the parent/guardian. Students must make up any work missed. See policy 5100, Student Attendance. Students may be released for religious instruction for up to one hour each week.

  3. Student Religious Groups and the Equal Access Act

    Under the federal Equal Access Act, secondary school student religious activities are accorded the same access to federally-funded public secondary school facilities as are student secular activities. Student religious groups have the same right to access school facilities as enjoyed by other comparable non-religious groups. If the district creates a “limited open forum” (i.e., provides an opportunity for one or more non-curriculum related student groups to meet on school grounds during non-instructional time), it will not refuse access or discriminate based on religious, political, philosophical, or other non curriculum related students groups to meet on school property during non-instructional time.

    Such access includes use of school media – including the public address system, the school newspaper, and the school bulletin board – to announce their meetings on the same terms as other non-curriculum related student groups.

    Cross-ref:
    5100, Student Attendance
    5210, Student Organizations
    5225, Student Personal Expression

    Ref:
    20 USC § 7904
    Equal Access Act, 20 U.S.C. §§4071-4074
    Education Law §§10-18 (Dignity for All Student Act)
    Hsu v. Roslyn Union Free School District, 85 F.3d 839 (2d Cir.), cert. denied, 519 U.S. 1040 (1996)
    Tinker v. Des Moines Indep. Community School District, 393 U.S. 503 (1969)
    School Dist. of Abington Township, Pa. v. Schempp, 374 U.S. 203 (1963)
    Engel v. Vitale, 370 U.S. 421 (1962)
    Karen B. v. Treen, 653 F.2d 897 (5th Cir. 1982), aff’d, 455 U.S. 913 (1982)
    Wallace v. Jaffree, 472 U.S. 38 (1985)
    Santa Fe Independent School Dist. v. Doe, 530 U.S. 290 (2000)
    Lee v. Weisman, 505 U.S. 577 (1992)
    Lamb’s Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384 (1993)
    Marsh v. Chambers, 463 U.S. 783 (1983)
    Guidance in Constitutionally Protected Prayer in Public Elementary and Secondary Schools (2023), U.S. Department of Education, http://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html

    Adopted: October 3, 2023

5040.1 Preventing Cyberbullying and Cyber Threats

Our highest priority as a school district is to provide a safe school environment where all students and employees are treated with respect and dignity, and are free from bullying, intimidation, and harassment. Only in this type of environment can students thrive and strive to reach their academic potential. Anyone with a mobile phone or internet connection can be a target for cyberbullying. Communication technologies may provide a means of sending messages anonymously. In addition, there is even greater concern that bullies can reach a wider audience compared to conventional bullying situations as defined in Board of Education policy #5040 and the accompanying regulation. Consistent with this policy is the approach that awareness and education are the keys to preventing cyberbullying and cyber threats. Technology is a potential avenue available to students to intimidate, harass, and bully other individuals.
Cyberbullying means using the Internet, cellular phones or other electronic communication to engage in the mistreatment of others, use of derogatory language or being cruel to others by sending or posting harmful, hurtful or derogatory material.
Cyber threat means online material that threatens or raises concerns about violence against others, suicide, or other self-harm. There are two (2) kinds of cyber threats: direct threats and distressing materials. Direct threats are actual threats to hurt another person, engage in self-harm or to commit suicide. Distressing material is online material that includes but is not limited to clues indicating that the person is emotionally upset, and that the person is contemplating hurting another person, himself or committing suicide. Distressing material can also be interpreted as impersonating someone else or revealing very private information which could embarrass or humiliate the individual targeted.
Cyberbullying or cyber-threatening material, may take the form of text or images posted on web sites, blogs or transmitted via email, discussion groups, message boards, chat rooms, instant messages, cellular phones, or other emerging technology.
The use of the District’s Internet system, cellular phones on school district property, cellular phones not on school district property, or the use of an Internet system not owned or operated by the District to bully or harass students, faculty and staff is prohibited and may result in discipline.
Off-campus cyberbullying or cyber threats — regardless of the form in which the message is transmitted — endangering the health, welfare or safety of students, faculty or staff with the District, or adversely affecting the educational process is prohibited.
Any student or parent who believes that the student has been subjected to cyberbullying or to cyber threats within the meaning of this policy must report the bullying or threats to a teacher or an administrator immediately so that assistance and support can be provided. Any faculty or staff member who receives or is made aware of a cyber threat or other inappropriate message, or becomes aware of potential cyberbullying or cyber threats must notify their supervisor or building principal immediately. The building principal will investigate the incident and take the appropriate disciplinary actions pursuant to the District’s Code of Conduct and District Regulation 5040-R, Bullying Prevention, including involvement of police agencies, as warranted.

Adopted January 8, 2008
Re-adopted February 9, 2010
Revised, Adopted January 19, 2016

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5040.1-R Prevention of Cyberbullying and Cyber Threats Regulation

Cyberbullying and cyber threats can occur on and off school property and during school and non-school hours. Even if a student receives a threatening message at home, such message can directly impact the psychological and emotional well being of that individual. In addition, a message sent electronically can often refer to the school environment. In both situations, cyberbullying and cyber threats become a problem that must be addressed. As a district, school officials should not hesitate to intervene on behalf of students who may be the victims of cyberbullying or cyber threats. Mobile, internet, and wireless technologies have increased the pace of communication and brought many benefits, but at the same time, their popularity provides opportunities for misuse. School staff, parents, and students have to be constantly vigilant and work together to prevent this form of bullying and should it occur, take the necessary steps to address the problem directly. The building principal shall immediately take the appropriate actions pursuant to the District’s Code of Conduct.
Listed below and on the following page are some suggestions and strategies to assist students who may be the victims of cyberbullying and/or cyber threats as well as guidance for school resource officers, teachers, administrators, and parents to assist victims when problems may occur. (Source: www.antibullying.com)

1. Students should be advised never to send any bullying or threatening messages. Remember, anything written and sent can be read by others.
2. Students who feel they are being bullied or threatened by e-mail, text or online, must be encouraged to talk to someone they trust, particularly an adult – a teacher, counselor, coach or parent.
3. To the extent possible, any bullying e-mails, text messages or images should be kept and saved to help trace and identify the aggressor. Always print the information so that a hard copy has been established as evidence.
4. The victim should make a note of the time and date when the bullying messages or images were sent, and note any details about the sender. The service provider (mobile phone company, your internet provider) should be contacted to help identify the alleged cyberbully.
5. Victims can use blocking software which will block instant messages from certain people or use filters to block e-mails from specific e-mail addresses.
6. Victims should not reply to bullying or threatening text messages or e-mails as this could make matters worse. It also lets the bully know that they have found a “live” phone number or e-mail address.
7. Students should never give out their personal details online – if in a chatroom, participants need to watch what they say about where they live, their school, e-mail address, etc. This information can enable someone harm students.
8. Students need to be reminded not to forward abusive texts or e-mails or images to anyone.
9. Never give out passwords to your mobile or e-mail account.

Cyberbullying and cyber threats experienced by a child or young adult may not be immediately evident to a parent or teacher, but it is highly intrusive and the hurt being caused can be very severe. Because students are often very adept in learning new technology and such interaction between individuals in the cyber environment is ever changing — students, school personnel and parents must take steps to ensure that emerging technology is used safely. By working together and lending support, action can be taken if a student is being cyberbullied or cyber threatened regardless of where the problem may be originating. Helping young people understand how actions can cause harm to others, especially when it occurs anonymously, is one of the many challenges that this policy regulation seeks to address.
A copy of this policy and accompanying regulations and procedures are to be distributed to parents, staff and students and posted on the district web site and appropriate places throughout the school district. Additionally, parents, staff and students will be advised of this policy through educational programs and written materials.

Reviewed December 11, 2007
Reviewed February 9, 2010
Reviewed January 19, 2016

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5061 Social Service Trained Facility Dogs

The school district supports the use of social service trained facility dogs by teachers or other qualified school personnel (“Owner”) for the benefit of students subject to the conditions of this policy.
A “Social Service Trained Facility Dog” is a dog that has been individually trained and certified to work with its owner to provide emotional support, well-being, comfort, or companionship to school district students. For the purposes of this policy, Social Service Trained Facility Dogs are not “service animals” as that term is used in the American with Disabilities Act.
Social Service Trained Facility Dogs are personal property of the teacher or employee and are not owned by the school district.

Social Service Dog Standards and Procedures

The following requirements must be satisfied before a social service dog will be allowed in school buildings or on school grounds:

Requests

All individuals who wish to bring a social service dog to school must submit a written request to the superintendent of schools or his/her designee for review and approval.
An individual wishing to apply for a district sponsored social service trained facility dog in training, must complete an application that will be reviewed by a committee established by the superintendent for that purpose.

Training and Certification

The owner must submit the American Kennel Club’s Canine Good Citizen or Social Service Dog International Certification for Social Service Trained Facility Dogs. The certification must remain current at all times that the Social Service Trained Facility Dog is present in Guilderland school buildings.

Health and Vaccination

The social service dog must be clean, well groomed, in good health, housebroken, and immunized against diseases common to dogs. The owner must submit proof of current licensure from the local licensing authority and proof of the social service dog’s current vaccinations and immunizations, and annual physical from a licensed veterinarian. The owner must also maintain and provide proof of treatment for parasites such as flea, tick, and heartworm. Records will be kept on file in the district office.

Control

A social service dog must be under the control of the teacher or school employee through the use of a leash or other tether unless the use of a leash or other tether would interfere with the social service dog’s safe, effective performance of its work or tasks.

Identification

The social service dog must have appropriate identification clearly indicating that it is a social service dog.

No Disruption

The social service dog must not disrupt the educational process by barking, seeking attention, or engaging in any other disruptive behavior.

Health and Safety

The social service dog must not pose a health and safety risk to any student, employee, or other person at school.

Supervision and Care of Social Service Trained Facility Dogs

The owner is solely responsible for the supervision and care of the social service dog, including any feeding, exercising, and clean up while the animal is in a school building or on school property. The school district is not responsible for providing any care, supervision, or assistance for a social service trained facility dog. Social Service dogs that are part of the Guilderland Central Schools social service dog program are required to have designated “co-handlers” whose role is to assist with the care of the dogs and their integration into the entire school community. Medical and nutritional needs of dogs that are part of the Guilderland Social Service Trained Facility Dog program are the sole responsibility of the owner. The school district shall provide “working and release gear” for each district sponsored social service facility dog and each handler. The district shall be responsible for each district sponsored facility dog’s membership in Therapy Dog International.

Authorized Area(s)

The owner shall only allow the social service dog to be in areas that are authorized by school district administrators.

Reporting

Each handler shall provide a report to the Director of Pupil Personnel Services no less than two times per year a log of activities in which the district sponsored social service dogs participated to provide emotional support, well-being, comfort, or compassion to school district students or others for crisis-based support.

Insurance

Individuals who request to bring a social service trained facility dog into the school district that is not part of the district-sponsored program must submit a copy of an insurance policy that provides liability coverage for the social service trained facility dog while on school property.
Employees who own dogs that are part of the district-sponsored program are covered under the provisions of the school district general liability insurance.

Exclusion or Removal from School

A social service trained facility dog may be excluded from school property and buildings if a school administrator determines that:

1. A handler does not have control of the social service trained facility dog;
2. The social service trained facility dog is not housebroken;
3. The social service trained facility dog presents a direct and immediate threat to others in the school; or
4. The animal’s presence otherwise interferes with the educational process.

The owner shall be required to remove the social service trained facility dog from school premises immediately upon such a determination.

Allergic Reactions

The owner of the animal will be required to remove the animal to a different location designated by an administrator if any student or school employee assigned to a classroom where a social service trained facility dog is permitted has a known allergy or suffers an allergic reaction to the dog.
This policy shall also be applicable to social service trained facility dogs in training that are accompanied by a bona fide trainer.

Adopted April 21, 2015
Revised, Adopted March 7, 2017
Revised, Adopted July 5, 2018

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5062 Use of Service Animals

The Board of Education of the Guilderland Central School District (the “District”) acknowledges its responsibility to permit an individual with a disability to be accompanied on school grounds by a service animal (as that term is described below). This policy is subject to restrictions permitted by state and federal law and any regulations and/or rules that may be established by the Superintendent of School or designee.

The term “service animal” is defined as a dog which is individually trained to do “work” or perform “tasks” for the benefit of an individual with a disability. Such “work” or “tasks” may include, but are not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds or alarms, alerting and protecting a person who is having a seizure, pulling a wheelchair, fetching items, or performing other special tasks. The “work” or “tasks” performed by the service animal must be directly related to the individual’s disability. Service animals are working animals, not pets. All other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition. Animals which are used for purposes of crime deterrent, therapy animals, or animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are excluded from this definition.

When it is not readily apparent that a service animal is trained to do work or perform tasks for an individual with a disability, District personnel may ask the individual the following questions:

  1. Is the service animal required because of a disability?
  2. What work or tasks has the service animal been trained to perform?

District personnel may not ask about the nature or extent of the individuals’ disability, nor may they require documentation of certification, training or proof of licensure as a service animal.

Service animals must be under the control of the handler at all times and be harnessed, leashed or tethered, unless such devices interfere with the service animal’s work or the individual’s disability prevents him or her from using these devices. Individuals who cannot use such methods of securement must maintain control of the service animal through voice, signal or other effective controls.

Neither the district, nor its employees are responsible for the cost, care or supervision of the service animal. The handler of the service animal (or in the event the handler is a student, the Parent(s)/Legal Guardian(s) of such student) is responsible for any and all damage caused by the service animal at school, on school premises or at school activities.

Removal or exclusion of a Service Animal:

A building principal or other district administrator may request an individual with a disability to remove a service animal from school, a school sponsored activity or school property if the animal is out of control and the animal’s handler does not take effective action to control the animal, or if the animal is not housebroken.

If the district administrators exclude a service animal, it will provide the individual with a disability the opportunity to participate in the service, program or activity without having the service animal on the premises. As appropriate, the district will offer reasonable accommodations to the individual, to the extent required, to enable them to participate in the service, program or activity.

Appeal Process:

If there is a disagreement with the building principal or other district administrator’s decision to remove or exclude a service animal from school, within 20 (twenty) days of receipt of notification from the District administrator, the parent(s)/legal guardian(s) may appeal the decision, in writing, to the District’s Section 504 Compliance officer.

Applicability:

This policy shall apply to individuals who are visiting District property and require the assistance of a service animal.

NOTE: Visitors do not include students and/or employees of the District.
For students of the District who wish to request the use of service animals as part of their individualized education program, they/ their guardian/ their legal representative must contact the special education department for further assistance.

For employees of the District who wish to request the use of service animals as a workplace accommodation due to a disability, they/ their representative must contact human resources for further assistance.

Cross-ref.:
5061 Social Service Trained Facility Dogs

References:
Title II of the Americans with Disabilities Act (ADA), 42 USC§12131 et seq.
Section 504 of the Rehabilitation Act (Section 504), 29 USC §794 (a).
28 C.F.R. Part 35
Fry v. Napoleon Community Schools, 580 U.S. _, (2017).
Adopted: March 3, 2020
Revised, Adopted: May 23, 2023

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5062-R Use of Service Animals Regulation

Request to Use a Service Animal

Request for the use of a service animal shall be made to the school principal, in writing, using the District’s designated form (attached hereto).

Service Animal, as defined in the policy, is a dog which is individually trained to do “work” or perform “tasks” for the benefit of an individual with a disability. Other species of animals, wild or domestic, trained or untrained, are not service animals for the purposes of this definition.

The task or work performed must directly relate to the individual’s disability. Examples that do not constitute “work or tasks” as those words are defined in this policy and regulation, include but are not limited to: crime-deterrent, provision of emotional support, well-being, comfort or companionship, or therapy services. The law and this policy distinguish between a “service animal” and a “therapy” or “emotional support animal.” Unless the animal is individually trained to do something that qualifies a work or a task, the animal is a pet and does not qualify for coverage.

If there is any question as to whether the animal qualifies as a service animal, the matter will be reviewed by the Superintendent or their designee. This determination will be made based on the individual’s response to the following questions:

1. Is the animal required because of a disability?

2. What work or task has the animal been trained to perform?

In accordance with federal and state law, use of a service animal in school facilities and on school grounds may not be challenged, except if the use of the service animal poses a direct threat to the health and safety of other persons, the handler is incapable of exercising effective control over the service animal, or if the presence of the service animal will result in a fundamental alteration of the service, program or activity involved. (Title II of the ADA Regulations, 28 C.F.R. §35.130(b)(7)).

Response to Request to Use a Service Animal

The Parent(s)/Legal Guardian(s) shall be contacted upon receipt of the form to schedule a meeting to review the request and determine whether the service animal will be allowed to accompany the student to school. This meeting shall take place promptly, but no later than ten (10) school days of receipt of the request.

The following information will be requested or obtained through the review process from the individual with a disability and/or their parent(s)/legal guardian(s): 

1. Proof of current dog licensure (in accordance with local/county ordinances).

2. Proof that the service animal is current on vaccinations and is in good health and is free from parasite by a licensed veterinarian.

3. Information or evidence that the student can maintain appropriate care and control of the service animal while it is on school property, and that the animal is housebroken.

a. Evidence that the service animal is under care and control and is housebroken means the service animal responds appropriately to guidance or direction of the handler, does not show aggression, does not solicit or steal food or other items, does not urinate or defecate in appropriate locations, does not vocalize unnecessarily, and is clean, groomed and not malodorous.

b. The service animal must be either harnessed, leashed or tethered, at all times, unless such devices interfere with the service animal’s work or the individuals’ disability prevents him or her from using these devices. Individuals who cannot use such methods of securement must maintain control of the service animal through voice, signal or other effective controls.

4. If the handler is not the student, in addition to the expectations set forth above for maintaining appropriate control and care of the service animal, the handler shall go through the same process for background checks as required of all employees or regular volunteers of the school system.

a. If the handler satisfies the background check, they must also agree to comply with all standards of conduct that apply to school employees and volunteers while assisting the student with the service animal at school, during school sponsored activities or on school grounds.

Once approved, a plan will be developed in conjunction with appropriate staff and those knowledgeable about the student’s needs, service animals, and current supports, services and interventions. Such plan may be developed by an IEP Committee, or a Section 504 team.

Continuing Review

The request to use a service animal shall be reviewed annually, and parent(s) and legal guardian(s) and students will be asked to provide necessary updates, documentation and clarification to support that review.

Transportation

A service animal will only be allowed in school district transportation vehicles when it has been determined that the service animal is a necessary part of the transportation accommodation, and such is documented in the above referenced plan. Arrangements for the transportation of students with service animals will be made in consultation with the Director of Transportation.

Once approved, the school will also work with the service animal’s handler to:

1. Familiarize the service animal with the campus prior to the actual start date;

2. Orient the service animal to school faculty and students;

3. Establish an educational program to educate others on proper behavior around a service animal;

4. Establish a resting place/location for the service animal-

a. In classes, such location will typically be on the floor or at the student’s feet. Appropriate accommodations to the classroom environment to accommodate the service animal’s presence shall be arranged prior to the start date.

b. If the service animal is used in transportation, such location will be on the floor or in immediate proximity to the student, but may not extend into the aisle or otherwise block or interfere with navigation of the aisle by others.

5. Establish a place for the service animal to urinate/defecate and a schedule for the student and service animal to accommodate such needs if the student’s natural schedule does not accommodate the service animal’s needs;

6. Establish a location for the service animal to be fed/watered (as necessary); and

7. Establish an evacuation plan to include the service animal, and practice this plan.

Reviewed: March 3, 2020

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5062-E Service Animal Access Request Checklist

Please download and submit the completed form to the Building Administrator for processing.

Download the Service Animal Access Request Checklist.

If you are unable to access this file, please email communications@guilderlandschools.net to receive the information in an alternative format.

5100 Student Attendance

The Board of Education recognizes that consistent attendance is a critical factor in a student’s ability to achieve his/her fullest academic potential. Students have a right and responsibility to attend school on a daily basis. The District’s expectation is that parents/legal guardians will notify the main office of the appropriate school when the student is expected to be absent from school for the day or for an extended period of time during the school day.

Through the implementation of this policy, the Board expects to minimize the number of unexcused Absences, Tardiness, and Early Departures (ATEDS), encourage full attendance by all students, maintain an adequate attendance recordkeeping system, identify patterns of student ATEDs and develop effective intervention strategies to improve school attendance.

Recognizing that there are times when students need to leave school for various reasons, written requests from the parent/guardian for the release of students is required. The appropriate time and reason for absence shall be recorded on the attendance record and reported pursuant to state requirements and district record-keeping procedures. The Building Principal and/or designee shall assume this responsibility or shall designate an individual to review and approve all requests.

Effective implementation of any attendance policy requires that all members of the school community be aware of the policy, its purpose, procedures and the consequences of non-compliance. The Board of Education will establish procedures to ensure that parents, students, teachers, administrators and community partners who support student’s attendance at school are fully informed of the elements of this policy.

A regulation has been developed to promulgate this policy.

8 New York Code of Rules and Regulations (NYCRR) Section 109.2

Adopted June 25, 2002
Revised and Adopted May 3, 2011
Adopted April 21, 2015
Revised and Adopted: March 24, 2020
Reviewed and Adopted January 12, 2021

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5100-R Student Attendance Regulation

The Board of Education recognizes that consistent attendance is a critical factor in a student’s ability to achieve his/her fullest academic potential. Students have a right and responsibility to attend school on a daily basis. Consistent attendance contributes to a positive school climate while inconsistent attendance diminishes the student’s ability to effectively use school resources, and can have a negative effect on the entire school community. The Board also recognizes that daily attendance increases the opportunities for a student to:

  1. Participate fully in classes, athletics, activities, extra-curricular school programs and other school activities;
  2. Improve chances of high school graduation;
  3. Understand and appreciate the importance of school and education;
  4. Attain personal goals;
  5. Develop a sense of belonging at school;
  6. Establish positive interactions with adults and fellow students;
  7. Develop more structure and discipline in life.

The Board of Education will annually review attendance data included in the annual School Report Card. The Board designates the principal of each school to frequently, but at least quarterly, review pupil attendance records and to identify problems and trends related to unexcused absences, tardiness, and early departures.

Objectives

The Superintendent or his/her designee(s) shall adopt regulations, practices, and procedures consistent with this policy and in compliance with the Regulations of the Commissioner of Education to meet the following objectives:

  1. To raise student achievement and close gaps in student performance;
  2. To identify attendance patterns in order to design attendance improvement efforts;
  3. To know the whereabouts of every student throughout the school day for safety and other reasons;
  4. To establish the expectation of daily attendance for all students;
  5. To develop early intervention strategies;
  6. To promote a partnership between school, students, and students’ families to encourage consistent attendance;
  7. To verify that individual students are complying with education laws relating to compulsory attendance;
  8. To determine the District’s average daily attendance for state aid purposes.

Strategies

Per New York State regulations, the District register, in written or electronic format, must account for each pupil’s presence, absence, tardiness, and early departure from every period/day that a pupil is scheduled to attend actual instructional or supervised study and other required activities throughout the school year. Attendance data shall be kept current, as well as archived, via the student information system.

Recording of Absences

Excused Absences According to Commissioner’s Regulations 175.6:

The reasons and applicable documentation deemed acceptable for an excused absence when school is in session, include, but are not limited to, the following:

  1. Personal illness;
  2. Illness or death in the family;
  3. Impassable roads;
  4. Required court appearances;
  5. Quarantine;
  6. Medical appointments, with appropriate documentation from provider;
  7. Approved college visits;
  8. Military obligations;
  9. Religious observance;
  10. Circumstances related to homelessness;
  11. Disciplinary detention of incarcerated youth; and
  12. School-sanctioned activity.

All other absences for any other reasons will be deemed unexcused absences, unless otherwise approved by the Building Principal or designee. Students whose parent or legal guardian has been called for military deployment, is on leave from or is returning from a combat zone or combat support may be excused an additional 5 days but work must be made up according to the rules applicable to other excused absences.

Recording of Tardiness, Early Departures

Any absence for the school day or portion thereof shall be recorded. In the event that a student arrives late for or departs early from scheduled instruction, then such tardiness or early departure shall also be recorded as excused or unexcused.

During the period of time when the district is required to provide remote instruction, students learning remotely will need to show daily school participation, which is to be recorded by teachers and reported under the provisions of this regulation. Such participation will vary depending on the type of remote learning taking place. This includes, but is not limited to, documented participation in online or virtual classes, completion of assignments, documentation of daily school activities and learning, or correspondence via online platform, email, and telephone.

Elementary

For students enrolled in kindergarten through 5th grade, the presence or absence of each student shall be recorded once per day. A student is tardy if he or she arrives after the start of the instructional day. A student is recorded as having departed early if he or she departs any time before the completion of the instructional day.

Middle and High School

Each student’s presence or absence shall be noted and recorded by the teacher each period of scheduled instruction (and in time for homeroom as applicable). A student is tardy if he or she arrives after the start of the instructional day or class period. A student is recorded as having departed early if he or she departs any time before the completion of the instructional day or class period.

Reporting of Absences

A parent/legal guardian is expected to call if a student will be absent.  A note is not required if a reason is provided by phone at which time the length of absence should be estimated and provided to the attendance clerk.  A health provider’s note may be requested as proof of an excused absence.

Late Arrivals and Early Departures

The reason for a late arrival or early departure should be noted when a parent/legal guardian signs in/out at the time the student arrives or is picked up.

Release Time

Recognizing that there are times when students need to leave school for various reasons, written requests from the parent/guardian for the release of students is required. The applicable time and reason for absence shall be recorded on the attendance record, and reported pursuant to state requirements and district record keeping procedures.

The Building Principal and/or designee shall assume this responsibility or shall designate an individual to review and approve all requests.

Family Vacations (Unexcused Absence)

Vacations during other than school breaks will be recorded as unexcused and are strongly discouraged. It is impossible to make up for missing the teacher-directed instruction and class discussion.

Planned Long Absences

A student will be unenrolled after 20 consecutive days of absence for reasons such as long family vacations or other travel plans.

Exemption

A student shall be excluded from attendance whenever he/she shows symptoms of any infectious disease reportable under the Public Health Law or if a student does not meet immunization requirements as defined under New York codes and Regulations Title 10, subpart 66-1.

Chronic Absenteeism

On all levels, the importance of daily attendance is stressed, and inconsistent attendance must be addressed until a resolution is established. A designated staff member(s) will contact the student’s parents and the student’s school counselor in the event that a student’s record reveals excessive absences, tardies and early dismissals (ATEDs), excused and/or unexcused. Excessive ATEDs are designated under federal law (Every Student Succeeds Act) as chronic absenteeism, which is defined as missing 10% of school days during the school year (18 days), or approximately 2 days per month.

In addition, the designated staff member will contact local child Protective Services (CPS) if they suspect that the child is being educationally neglected. The designated staff member will provide CPS with the information necessary to initiate a report. Additionally, the designated staff member may file a PINS (Persons In Need of Supervision) petition with the appropriate county agency.

Student Participation/Course Credit 

In recognition of the important relationship between class attendance/participation and student performance, students are expected to attend all scheduled classes. Participation in class discussions and activities is expected and may be included as a percentage of the grade attained.

Elementary Level

Expectations

At the beginning of each school year, the expectation of daily attendance will be reinforced in various ways: a letter home, the parent/legal guardian “handbook,” or by teachers at open house and similar occasions. This expectation will continue to be emphasized throughout the year.

Follow-up

A designated staff member shall follow-up with the family to learn the reasons for the continued absence, no later than after three consecutive days of absence. Best practice dictates that parents/legal guardians are contacted on the day of each absence.

As appropriate, attendance notification will be sent to parents/legal guardians after 10, 15, 20 absences to inform them of their child’s attendance.

Parents/legal guardians should also be notified in writing when a pattern of tardy arrivals or early dismissals develops. Follow-up action will continue as needed including phone calls and parent/legal guardian conferences.

Unless there are some known mitigating circumstances documented and confirmed with appropriate administration, New York State Child Protective Services may be contacted for investigation of possible educational neglect.

Middle School

Expectations 

Teachers and other appropriate school personnel will speak with students about the need to attend school consistently. Attendance letters are sent to parents/legal guardians of students missing a significant amount of school on a regular basis describing the student’s attendance record. The Student Handbook explains attendance expectations and procedures. The Code of Conduct includes truancy and cutting classes as disciplinary infractions, which may result in consequences such as detention, loss of privileges and possible withdrawal of participation in extracurricular activities.

Follow-up

A designated staff member shall follow-up with the family to learn the reasons for the continued absence, no later than after three consecutive days of absence. Best practice dictates that parents/legal guardians are contacted on the day of each absence.

As appropriate, attendance notification will be sent to parents/legal guardians after 10, 15, 20 absences to inform them of their child’s attendance.

Parents/legal guardians should also be notified in writing when a pattern of tardy arrivals or early dismissals develops. Follow-up action will continue as needed including phone calls and parent/legal guardian conferences.

Unless there are some known mitigating circumstances documented and confirmed with appropriate administration, New York State Child Protective Services may be contacted for investigation of possible educational neglect.

High School

Expectations 

Teachers and other appropriate school personnel will speak with students about the need to attend school and all classes consistently. The Teacher Handbook and the Student Handbook and Agenda both explain attendance expectations and procedures. The Code of Conduct includes truancy and cutting classes as disciplinary infractions, which may result in consequences such as detention, mandatory supervised study, long-term loss of privileges and possible withdrawal of participation in extracurricular activities. Each student’s report card reflects his/her overall attendance and individual class attendance. Each student’s transcript reflects overall attendance and does not differentiate between excused and unexcused tardiness. This practice is reviewed with all students at the beginning of the school year.

Follow-up

A designated staff member shall follow-up with the family to learn the reasons for the continued absence, no later than after three consecutive days of absence. Best practice dictates that parents/legal guardians are contacted on the day of each absence.

As appropriate, attendance notification will be sent to parents/legal guardians after 10, 15, 20 absences to inform them of their child’s attendance.

Parents/legal guardians should also be notified in writing when a pattern of tardy arrivals or early dismissals develops. Follow-up action will continue as needed including phone calls and parent/legal guardian conferences.

Unless there are some known mitigating circumstances documented and confirmed with appropriate administration, New York State Child Protective Services may be contacted for investigation of possible educational neglect.

Extracurricular, Athletic and After School Events 

Teachers, advisors and coaches are responsible for monitoring a student absence and tardiness. A student may not participate in after school activities on days he or she has been absent for the entire school day unless there are special circumstances and permission is granted by the appropriate school administrator.

Juniors are advised in advance of the senior year that a parking permit may be denied based on the junior year attendance record. Once issued, a permit may be rescinded based on a student’s senior year attendance record.

Community Awareness

A plain language summary of the attendance policy will be available to parents/legal guardians at the beginning of each school year. Understanding of such a policy will be promoted to students and their parents/legal guardians. Building Principals will review the attendance policy with each teacher at the beginning of each school year or upon employment.

Annual Review

The Board shall annually review student attendance data and make any revisions to the policy it deems necessary to improve student attendance.

Education Law Sections 3024, 3025, 3202, 3205, 3206,
3210, 3211 and 3213
8 New York Code of Rules and Regulations (NYCRR)
Sections 104.1, 109.2 and 175.6

Reviewed June 25, 2002
Revised May 3, 2011
Revised* and Reviewed: March 24, 2020
Revised and Reviewed January 12, 2021

* Note, this replaces 5100-R.1, 5100-R.2, and 5100-R.3

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5110 Elementary Attendance Areas

Resident students shall be assigned to schools on the basis of their place of residence and school boundary lines as established by the Board of Education.

School boundary lines regulating the assignment of students to schools shall be established and changed in the best interests of the total school district enrollment.

In order to balance class size in each grade level across the district, the Superintendent shall designate “flexible attendance areas” that may be used when elementary class sizes are larger than desired. Flexible attendance areas are neighborhoods served by school buses for more than one elementary school. Families with elementary children who move into flexible attendance areas will be assigned by the Superintendent to the school with the smaller class sizes.

Elementary age siblings will be assigned to the same school. Students in the general education program will remain in their assigned school unless their residence changes to a different elementary school attendance area.

Students placed in self-contained special education classes provided by the district shall be enrolled in the school where such classes are located.

No other students shall attend a school outside of his or her normal attendance area without written permission of the Superintendent of Schools. Factors considered for granting permission include the student’s reason for attendance; the welfare of students currently attending the requested school, space availability in the requested school and cost to the district.

If a student’s family moves to another school attendance area within the district, the student may, upon the recommendation of the Building Principal and approval of the Superintendent of schools, complete the year in the present school.

Parents who request and are granted permission to have children attend a district school outside of their assigned attendance area are responsible for transporting their children to and from school.

Adopted March 5, 2013

Reviewed and Adopted November 19, 2019

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5110-E.1 Flexible Attendance Streets Exhibit

Regency Park

Bishops Gate
Covent Garden Devonshire Drive Downing Square
Essex Circle
Kensington Court
Knights Bridge
Queens Road
Yorkshire Drive

Heritage Village

Beverwyck Drive Bleeker Road
Guilder Lane
Heritage Road
Patroon Drive
Steuben Drive
Ten Eyck Place
Van Dyke Place

Brandywine Apartments

Brandywine Parkway

Presidential Estates

Executive Drive Grant Court
Jackson Court
Monroe Court Pennsylvania Avenue Tyler Court
Wilson Court

Fairwood Apartments

Brookedge Court
Meadowbrook Court
Winding Brook Drive

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5140 Entrance Age

Children who reach their fifth birthday on or before December 1st of the year of matriculation are entitled to attend school and may be admitted to kindergarten. Proof of age must be presented in the form of a birth certificate, baptismal certificate, or passport.
The Superintendent or his/her designees are authorized to make exceptions to the entrance date, based on a comprehensive evaluation of the child’s readiness for kindergarten.
In rare cases, a child who has not met the age-eligibility to enroll in kindergarten may be granted early entrance. Early entrance is determined only after a thorough review of documentation which supports the child’s exceptionality and advanced levels of readiness for schooling.
Only children who will reach the age of five (5) by January 31st of the year for which parents are requesting early entrance will be considered.
All inquiries for consideration for early entrance must be received by the Assistant Superintendent for Curriculum and Instruction no later than April 1st annually for consideration for the upcoming school year. By May 1st, parents/guardians must supply the following supporting documents:

1. Results of individual tests of cognitive ability and achievement that were administered by an independent psychologist. The student must obtain scores in the very superior range (a standard score of 130 or greater) on measures of both cognitive ability and achievement. It is recommended that for tests of cognitive ability the most current edition of Wechsler Preschool and Primary Scale of Intelligence, the Stanford-Binet Intelligence Scale, or the Differential Ability Scales (DAS) be administered. The most current Test of Early Reading Ability and Test of Early Math Ability are recommended as tests of achievement.
2. Reports from the child’s preschool experience. Reports should include a description of the student’s social-emotional functioning and classroom behavior detailed by the preschool teacher, and/or a social-emotional evaluation from an independent evaluator. The description or evaluation must detail the student’s social problem solving skills
(competence in social decision making and problem solving) including self-control skills, social awareness and group participation skills, and social decision making skills.

Once the request and supporting documentation has been received by the Assistant Superintendent, the Assistant Superintendent will:

1. Notify the principal of the potential school of record of the request.

2 Convene a committee, facilitated by the Assistant Superintendent, to review the student’s evaluation and reports to determine if early entrance to kindergarten is appropriate. If submitted materials preliminarily support the readiness of the student to enter Kindergarten, the Assistant Superintendent will proceed to steps three and four.

3. Make arrangements for the student to be screened by school personnel using additional criteria for readiness (engagement, ability to follow directions, use of age appropriate materials, separation from parents, etc.)
4. Make arrangements for a Guilderland School Psychologist and/or other school personnel to observe the child in a natural setting with his or her peers.

The Assistant Superintendent will notify the school principal and parent no later than June 15th of the decision regarding early entrance to kindergarten.
A child who has regularly attended and satisfactorily completed a year’s work in a kindergarten which is duly registered with the State Education Department will be enrolled in the first grade.
The Board of Education authorizes the Superintendent of Schools to establish any and all rules, regulations, and procedures necessary to implement and maintain this policy.
A student who has not attended kindergarten and who will be six years of age on or before December 1st of the year of entrance may be admitted to grade one in September of the entrance year upon the recommendation of a local screening team composed of the school psychologist, the Building Principal, and other appropriate personnel. However, the district may request that such student enter at the kindergarten level.

Adopted November 28, 2006
Adopted March 6, 2012
Adopted April 12, 2016
Revised, Adopted March 6, 2018

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5150 School Admissions

The district shall provide a public education to all persons residing in the district between the ages of five and twenty-one who have not received a high school diploma. Residence is defined as both physical presence and intent to remain in the district. Eligibility of homeless children to attend district schools shall be determined in accordance with federal and state law and regulation; see policy 5151 for guidance.
A veteran of any age who has not yet received his/her high school diploma and who has been discharged under conditions other than dishonorable is eligible to attend school. A non-veteran under twenty-one years of age who has received a high school diploma shall be permitted to attend school or BOCES upon payment of tuition.
Upon registration, all new students shall be enrolled and begin attendance the next school day or as soon as practicable. Students or their parents/guardians/persons in parental relation are required to present within three business days:

1. Documentation of age: a birth certificate (original or certified transcript, including a foreign birth certificate) or baptismal record is sufficient, if provided no other form of evidence may be requested. If neither of these is available, a passport (including a foreign passport) may be used. If a passport is not available, the district may consider other evidence, which has been in existence for at least two years, such as: an official driver’s license, government-issued identification, school photo I.D. with date of birth, consulate identification card, hospital or health records, military dependent I.D. card, documents issued by government agencies, court-issued documents, Native American tribal documents, or records from non-profit international aid agencies or voluntary agencies; or other documents such as an entry in a family bible, an adoption record, or previously verified school records;
2. Record of immunizations (see 5420-R for more on immunizations) and a health certificate from a licensed physician, physician assistant, or nurse practitioner; and
3. Documentation of district residency: examples of acceptable forms of documentation include, but are not limited to, mortgage/deed or lease documents to a house/condominium/apartment, a statement by the parent/guardian’s landlord, property owner or co-tenant, or a statement by a third party relating to physical presence in the district, a pay stub, income tax form, telephone or utility bills or other bills, membership documents based upon residency, official driver’s license, learner’s permit, or non-driver identification, rent payment receipts, a copy of a money order for payment of rent, a letter from a parent’s employer that is written on company letterhead, voter registration document, or a state- or other government-issued ID, documents issued by federal, state, or local agencies, or judicial custody orders or guardianship papers showing residency.

The district may require multiple forms of residency documentation sufficient to establish both physical presence in the district and intent to remain.

The district shall not request or require a Social Security card or number, or any information which would tend to reveal the immigration status of the child, the parent, or the person in parental relation, in any forms, meetings or other communication, at the time of and/or as a condition of enrollment.
The district shall review all submitted documentation, and make a determination of a student’s eligibility to attend district schools as soon as possible, but within three business days of initial enrollment, or four days if the documentation is presented on the third day. The district may verify documentation of age from a foreign country, but will not delay enrollment during verification. At any time during the school year, notwithstanding any prior determination to the contrary, the district may make a determination that a student is not eligible to attend the district’s schools, subject to the procedures outlined in the regulations of the Commissioner of Education.
The district shall post its student enrollment/registration forms, procedures instructions and requirements, including the examples of acceptable documentation, on the district website, and shall provide such materials to all parents/guardians/children who request enrollment in the district.
If the parent/guardian of a student seeking to enroll is limited English proficient, the district will meaningfully communicate material information about enrollment as required by federal law. The district will also provide parents/guardians of all newly enrolled students with appropriate information, including student handbooks, and information about access to special education services.

Adopted January 19, 2016

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5151 Homeless Children

The Board of Education recognizes its responsibility under federal (McKinney-Vento) and state laws and regulations to identify homeless children within the district, encourage their enrollment and eliminate existing barriers to their identification, enrollment, attendance, or success in school which may exist in district practices. The Board will provide homeless children attending the district’s schools with access to the same free and appropriate public education and other school programs and activities, including publicly funded preschool education, as other children.
A homeless child is a child who lacks a fixed, regular, and adequate nighttime residence or who has a primary nighttime location in a public or private shelter designed to provide temporary living accommodations, or a place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. This definition also includes a child who shares the housing of others due to loss of housing, economic hardship, or similar reason; lives in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; lives in a car, park, public space or abandoned building, substandard housing, bus or train station or similar setting; has been abandoned in a hospital; or is a migratory child who qualifies as homeless. An unaccompanied youth is a homeless child not in the physical custody of a parent or guardian.
To assist in determine eligibility for services under the McKinney-Vento Act, the district will use a housing questionnaire for all enrolling students, and those reporting a change of address, which asks for a description of the student’s current living arrangements.
A homeless child or youth has the right to attend the child’s school of origin or any school that permanently housed students who live in the attendance area in which the homeless student is actually living are eligible to attend. For homeless students, a school of origin can be:
  1. the public school they attended when permanently housed (i.e., before becoming homeless); or
  2. the public school where they were last enrolled, or
  3. the public school they were entitled or eligible to enroll in when the child became homeless, if that child became homeless after such child was eligible to apply, register, or enroll in a public preschool or kindergarten, or is living with a school-age sibling who attends school in the district; or
  4. the designated receiving school at the next grade level for any feeder school, where the child has completed the final grade in the feeder school.

Such schools include publicly-funded preschools administered by the district or the State Education Department (SED).

The homeless child is entitled to attend the designated school on a tuition-free basis for the duration of the child’s homelessness. If the child becomes permanently housed, the child is entitled to continue attendance in the same school building until the end of the school year and for one additional year if that year constitutes the child’s terminal year in such building.  If a homeless child completes the final grade level in the school of origin, the child may also attend the designated receiving school at the next grade level for all feeder schools.
The Superintendent of Schools is directed to develop procedures necessary to expedite the homeless child’s access to the designated school. Such procedures must include:
  1. Admission and Participation:  Upon designation, the district will immediately admit the homeless child to school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, medical or immunization records (however, the district may temporarily exclude a child from attendance if there are actual symptoms of a communicable disease that poses a significant risk of transmission to others), proof of age or residency or other documentation and even if there is a dispute with the child’s parents regarding school selection or enrollment. During a dispute, the student may continue attending the school until final resolution of the dispute, including all available appeals. Homeless children will have the same opportunity as other children to enroll in and succeed in the district’s schools, including extracurricular activities and summer school programs available to district students. They will not be placed in separate schools or programs based on their status as homeless.  The district will eliminate barriers to identification, enrollment and retention of homeless children, including barriers to enrollment and retention due to outstanding fees, fines or absences.
  2. Transportation:  The district will promptly provide transportation for homeless students currently attending district schools as required by applicable law, as described in the accompanying regulation. In general, the district will ensure that transportation is provided to homeless students enrolled in the district who attend a school of origin, including publicly funded preschool administered by the district or SED, even if the student lives outside the district’s boundaries. Transportation will be provided for the duration of the homelessness, through the remainder of the school year in which the student becomes permanently housed, and one additional year if that is the student’s final year in the school.
  3. School Records:  For homeless students attending school out of the district, the district will, within five days of receipt of a request for records, forward a complete copy of the homeless child’s records including proof of age, academic records, evaluation, immunization records and guardianship paper, if applicable. For homeless students attending school in the district, the district will request the student’s records (academic, medical, etc.) from the school the student last attended.
  4. Coordination: The district will coordinate with local social services agencies and other entities providing services to homeless children and their families for the provision of services to homeless children, and will coordinate with other school districts on issues of prompt identification, transportation, transfer of records, and other inter-district activities.  This will include ensuring the provision of appropriate services to homeless students with disabilities who are eligible for services under either Section 504 or IDEA.

A portion of the district’s Title I, Part A funds will be set aside for homeless children and youth to provide educationally related support services and services not ordinarily provided to other students.

Information about a homeless child’s living situation will be treated as a student education record, and will not be considered directory information under FERPA. See policy 5500, Student Records, for more information.

The Superintendent will also designate a McKinney-Vento liaison for homeless children and ensure that this person is aware of, and able to carry out, the responsibilities under the law. The Superintendent will ensure that the liaison receives appropriate professional development on identifying and meeting the needs of homeless students, including the definitions of terms related to homelessness. The liaison’s responsibilities will include, but not be limited to, ensuring that:

  1. parents or guardians of homeless children are informed of the educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children;
  2. parents and guardians and unaccompanied youth are fully informed of all transportation services available to them, and are assisted in accessing them;
  3. enrollment disputes involving homeless children are promptly mediated and resolved;
  4. school personnel, through outreach and in coordination with shelters and social service agencies and other appropriate entities, identify homeless children, including homeless preschoolers;
  5. homeless children receive educational services, including but not limited to Head Start and preschool services to which they are eligible, as well as referrals to health care and other appropriate services for homeless children and their families;
  6. public notice of the educational rights of homeless children is disseminated in locations frequented by homeless unaccompanied youth and parents/guardians of homeless children, in a manner and form understandable to them;
  7. staff who provide services to homeless students receive required professional development and support on identifying and meeting the needs of homeless students;
  8. homeless unaccompanied youth are informed of their rights, are enrolled in school, and have opportunities to meet the same state standards set for all students, including receiving credit for full or partial coursework earned in a prior school pursuant to Commissioner’s regulations.

In accordance with law and regulation, the district will offer a prompt dispute resolution process (described in more detail in the accompanying administrative regulation). A student will be entitled to continued enrollment in the district’s schools, and transportation, pending resolution of the dispute and all available appeals

In accordance with Commissioner’s regulations, the district will collect and transmit to the Commissioner information necessary to assess the educational needs of homeless children within the State.

Cross-ref:        
5150, School Admissions
5420, Student Health Services
5500, Student Records
 
Ref:     
20 USC § 6313(c)
42 USC §§11431 et seq.
McKinney-Vento Education for Homeless Children and Youth Program, 81 Fed. Reg. 14432-14436 (3/17/16)
U.S. Department of Education, Education for Homeless Children and Youths Program, Non-Regulatory Guidance (7/27/16), https://www2.ed.gov/policy/elsec/leg/essa/160240ehcyguidance072716.pdf  
Education Law §§207; 305; 3202; 3205; 3209
Executive Law §§532-b; 532-e
Social Services Law §§17; 62; 397
8 NYCRR §§100.2(x); 175.6
Replaced, Adopted January 31, 2017
Revised, Adopted October 20, 2020
Revised, Adopted May 23, 2023

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5151-R Homeless Children Regulation

Each school in the district will maintain forms provided by the Commissioner of Education for designating a homeless child’s district of attendance. These forms must be immediately provided to any homeless child or parent or guardian who seeks to enroll a child in school. The district’s McKinney-Vento liaison for homeless students will assist the homeless child and/or parent or guardian in understanding their rights under the law and provide them with information regarding the educational and related opportunities available to them.
School placement decisions for homeless children will be based on the “best interest of the child” and will:
  1. presume that keeping the child in the school or origin is in the child’s best interest, expect when doing so is contrary to the wishes of the parent or guardian or unaccompanied youth; and
  2. consider student-centered factors such as the effect of mobility on student achievement, education, health and safety of the child, giving priority to the wishes of the child’s parent or guardian or unaccompanied youth. 
If the district determines that it is in the best interests of the student to attend a school other than the school of origin or a school requested by the parent or guardian, the Superintendent or designee will provide the parent or guardian or unaccompanied youth with a written explanation of its decision, together with a statement regarding the right to appeal the placement, which will be in a manner and form understandable to them. The Superintendent or designee will refer any such dispute to the district’s McKinney-Vento liaison for resolution. The student must be enrolled in the school sought by the parent or guardian or unaccompanied youth and provided with requested transportation pending final resolution of the dispute, including all available appeals.

Admission Procedures

Upon identifying a student experiencing homelessness, the Superintendent of
Schools or designee will immediately:
  1. ensure that a designation form is given to the parent or guardian or unaccompanied youth and review the designation form to ensure that it is complete;
  2. admit the homeless child even if the child or the child’s parent or guardian is unable to produce records normally required for enrollment, or the student has missed application or enrollment deadlines, or there is an unresolved dispute regarding eligibility, school selection or enrollment;
  3. where applicable, make a written request to the school district where a copy of the child’s records are located for a copy of the homeless child’s school records;
  4. notify the McKinney-Vento liaison of the child’s admission.  The liaison must:
    1. notify the child and/or the parent or guardian of the educational and related opportunities available to homeless children including transportation to the school of origin, and help arrange for transportation and other services such as those under Title I, Section 504, IDEA, and federal school meals;
    2. ensure that the child receives the educational services for which they are eligible, including Head Start and Early Head Start, early intervention services, and preschool programs administered by the district;
    3. make necessary referrals for the homeless children or their families to health care services, dental services, mental health services, substance abuse services, housing services, and other appropriate services;
    4. ensure that any enrollment disputes are mediated promptly and in accordance with law;
    5. when assisting unaccompanied youth in placement or enrollment decisions, give priority to the views of such youth, and inform them of their status as “independent students” for purposes of applying for federal financial aid for college and assist with that process; and
    6. assist in obtaining required immunizations, health screenings, immunization records or health records.
The Superintendent or designee will forward a copy of the designation form to the Commissioner of Education and the school district of origin where applicable.

Unaccompanied Youth and Parent/Guardian Signatures

To the extent that district policies and practices require parent/guardian permission or consent, the district will remove barriers to admission and participation for unaccompanied youth due to lack of parent/guardian signatures. This includes, but is not limited to, enrollment, providing medical care and excuses for absences, participating in field trips and extracurricular activities, and accessing or releasing records. Where parent/guardian consent, permission, or signatures cannot be obtained for unaccompanied youth, the district will accept signatures from the following:
  1. Persons designated by the parent/guardian as a “person in parental relation” under state General Obligations Law Title 15-A;
  2. Authorized caregivers age 18 or older so identified by the unaccompanied youth;
  3. The unaccompanied youths themselves; or
  4. The McKinney-Vento liaison.
Parental rights under FERPA pertaining to student records extend to a person acting as a parent in the absence of a parent/guardian. The district grants unaccompanied youth under age 18 the rights under FERPA for eligible students and parents/guardians.

Transportation

Unless the homeless child is entitled to transportation provided by the Department of Social Services, the district will provide transportation services to the child in accordance with applicable law. Where the district is designated by the parent/guardian or unaccompanied youth, and the student attends the school of origin as defined in law described in the accompanying policy (including a publicly funded preschool administered by the district or the State Education Department), the district will provide transportation, even if transportation is not generally provided to permanently housed students and the student is residing outside the district’s boundaries. A designated school district that must provide transportation to a homeless child is not required to provide transportation in excess of 50 miles one way, unless the Commissioner of Education determines that it is in the best interest of the child.
Transportation must be provided to the school of origin when the district receives notice of a child’s homeless status, for the duration of the student’s homelessness, as well as during the pendency of any disputes.  Transportation must be provided to the receiving school as defined in Education Law §3209(1)(h) if the student is homeless over multiple school years. If a child becomes permanently housed during the school year, the student has the right to transportation services to the school of origin until the end of the academic year, as well as one additional year if it is the student’s final grade level or terminal year in the building.
If the district recommends that a homeless child attend a summer educational program, and lack of transportation is a barrier to participation, the district will provide transportation.  The district will provide transportation to extracurricular or school activities for homeless students eligible for such activities where lack of transportation is a barrier to participation. 

Dispute Resolution Process 

If, after the Superintendent reviews the designation form the superintendent finds that the student is either not homeless, not entitled to attend the district’s school, or not entitled to transportation (if requested) the Superintendent or designee will do the following:
  1. Contact the district’s McKinney-Vento liaison to assist in dispute resolution process.
  2. Contact the student and parent (if available) and inform them of their opportunity to provide more information prior to the district making a final determination.
If, after consideration of any additional information and input from the McKinney-Vento liaison, the Superintendent makes a final determination that a student is not homeless, or not entitled to enrollment or transportation, the Superintendent must provide the student’s parent or guardian, or the student, if the student is an unaccompanied youth, with written notice that the student is not entitled to their request. This written notice must also:
  1. state the rationale/basis for the district’s determination;
  2. state the date as of which the student will be excluded from the district’s schools (or transportation), which must be at least 30 days from receipt of the written notice;
  3. advise that the district’s final determination may be appealed to the Commissioner of Education (Commissioner);
  4. provide the name and contact information for the district’s McKinney-Vento liaison;
  5. inform the student’s parent or guardian or the student, if the student is an unaccompanied youth, that the district’s McKinney-Vento liaison is required to assist the student in filing such an appeal; and
  6. include, as an attachment, the form needed to file an appeal to the Commissioner.
The Superintendent must ensure that the district’s final decision is delivered to the parent, guardian, or unaccompanied youth in a timely manner. The student must remain enrolled and provided with transportation (if requested) until the district provides written notice of its final determination and for a minimum of 30 days after receipt of the determination to give the student’s parent or guardian or unaccompanied youth the opportunity to appeal to the Commissioner.
If the parent/guardian or student commences an appeal to the Commissioner within 30 days of the final determination, the homeless child or youth will be permitted to continue to attend the school the child is enrolled in at the time of the appeal and/or receive transportation to that school until the Commissioner renders a decision.
Reviewed January 31, 2017
Revised and Adopted October 20, 2020
Reviewed May 23, 2023

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5152 Admission of Non-Resident Students

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

However, a non-resident student may be admitted to district schools if they or their parent/guardian are in one of the following categories:

  • Future Resident
  • Former Resident
  • Emancipated Minor
  • Non-resident Owning Real Property
  • Child(ren) of Non-resident District Employee

and, if and only if, in the judgment of the Superintendent of Schools, the following conditions are met:

  1. The faculty and space are sufficient to accommodate the non-resident student;
  2. No increase in size of faculty or staff; and
  3. The admission of such non-resident student during the enrollment period is in the best interests of the district.

Building Principals will recommend non-resident student for approval or denial of admission, in accordance with district guidelines and state law and regulations. Any questions shall be referred to the superintendent for further review. The eligibility for enrollment of each non-resident student will be subject to annual review and reaffirmation. Final approval and placement shall be at the discretion of the Superintendent.

As with resident students, non-resident students will be expected to maintain a level of effort and achievement in accordance with their ability and to abide by district- and building-level standards of conduct.

Future Residents

The children of families who have signed a contract to buy or build a residence in the school district may be enrolled during the semester in which they expect to become residents. In the event a student has begun a semester, and for whatever reason, the contract is not fulfilled, the student may finish the semester. In all such future resident cases, the parents/guardians must assume full responsibility for the transportation of the student.

Former Residents

When the family of a resident student moves outside the school district, the then non-resident student may continue to attend school for the balance of the school year if the parents/guardians assume full responsibility for transportation and if in the judgment of the Superintendent of Schools, the individual remains in good standing for the duration of the school year and if:

  1. The student is a senior as determined by the number of course credits earned; or
  2. The move occurs after April 1st of the school year (applies K- 11).

Emancipated Minors

A student who is an “emancipated minor” residing in the district may attend school in the district upon satisfactory proof that they are emancipated, i.e., living separate and apart from their parent(s) and not financially dependent upon them or in need or receipt of foster care. The district may not require an affidavit from the parent(s)/guardian(s) of the student where such would constitute a hardship due to the unwillingness or inability of such parent(s)/guardian(s) to provide same.

Non-residents Owning Real Property in the District

Non-residents who own real property in the district whose children have been accepted as students in the district schools will have deducted from the tuition amount a sum equal to school taxes paid in accordance with section 3202 of the Education Law. The tuition amount is determined in accordance with the formula set by the New York State Commissioner of Education.

Children of Non-resident District Employees

Children of non-resident district employees may attend Guilderland schools if the staff member is at least a four hour per day employee or a .5 full time equivalent (FTE). Enrollment requests must be submitted to the superintendent, in writing, by February 1st for a September admission. Late requests shall be accepted for final approval and placement at the discretion of the Superintendent.

Review of Residency Decisions

The Board of Education names the Superintendent of Schools as its designee to determine whether a child is a resident of the district for purposes of attending school in the district. Prior to any residency decision by the Superintendent, the child’s parents/guardians will be given the opportunity to submit information concerning the child’s right to attend school in the district. Where the Superintendent determines that the child is neither a resident nor entitled to attend school in the district, written notice of the determination will be provided including the procedures for the parents/guardians to follow in order to appeal the decision to the Board of Education. Prior to the Board’s review of the residency determination, the student’s parents/guardians may submit additional information concerning the student’s right to attend school in the district.

If the Board determines that the student is not entitled to attend school in the district, within two (2) business days of rendering such decision, written notice must be provided to the parents and include the basis for the determination, the date of exclusion from the district, and a statement regarding the right to appeal an adverse decision to the Commissioner within thirty (30) days. The notice will also indicate that information concerning the appeal may be obtained from the New York State Education Department, Office of Counsel.

Transportation

Transportation will be provided for non-resident students if and only if existing bus routing is used, and there is sufficient room on the bus. Such requests for transportation must be made annually by April 1.

NOTE: This policy is not applicable to homeless students entitled to attend district schools under federal and state law and regulations, who may not be currently residing in the district (see policy 5151, Homeless Children). Homeless students who are not entitled to attend district schools under federal and state laws may be considered for non-resident enrollment under this policy. This policy is also not intended to cover students who are placed in district programs by another school district.

Ref: Education Law §3202
8 NYCRR, Section 100.2(x)

Note: Prior policy, Policy Manual, 403, revised
Homeless Children- see policy #5151 Homeless Children & regulation

Adopted February 10, 2004
Adopted December 7, 2010
Revised, Adopted June 17, 2014
Revised, Adopted November 4, 2015
Revised, Adopted November 1, 2016
Revised, Adopted July 2, 2019
Revised, Adopted December 6, 2022

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5152-R Admission of Non-Resident Students Regulation

Pupil Addresses: Verification and Investigation

1. The address of the parents must be the address of residence for each student. If a student claims residence with a person other than their parent(s), evidence of legal guardianship in the form of a verifiable document acceptable to the Superintendent must be presented. Special circumstances may be appealed directly to the Superintendent of Schools.

2. Should a student’s address change at any time during their enrollment, residency must be confirmed by acceptable documents, i.e., lease agreement, utility bill, voter registration card.

3. If a student’s address is not the address of their parent(s) or legal guardian(s), the Building Principal shall consult with the Superintendent of Schools to confirm the procedures used in determining the student’s current address. The matter shall then be investigated for the purpose of providing evidence of the child’s false claim to residency.

4. A student shall be immediately transferred to the appropriate school district, if the evidence indicates that a student’s address has been purposefully changed in order to attend a school in the Guilderland Central School District.

5. In general, student admission should not be delayed pending verification of the address. A verification and/or investigation can take place after student admission has been effected.

Note: Regulation added

Reviewed January 20, 2004
Reviewed November 16, 2010
Reviewed June 17, 2014
Revised, Reviewed December 6, 2022

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5152.1 Admission of Foreign Students

The Board of Education recognizes the cultural enrichment derived from welcoming non-immigrant foreign students into the educational program. Thus, the Board encourages the attendance of non-immigrant foreign students in the district’s high school who are part of recognized exchange programs.
Only non-immigrant foreign students who possess a valid J-1 (Exchange Program Visitors) or F-1 (Academic Student) visa to study in the United States will be admitted to the district’s high school. The Board retains the sole discretion to deny admission to any student not meeting all the requirements set forth in this policy and regulation only.

Foreign Exchange Students (J-1 Visa)

The Board encourages district participation in a foreign exchange student program. Foreign exchange students will be admitted to the district high school for a one-year academic program.

1. The district recognizes only those organizations designated as “Exchange Visitor Programs” by the U.S. Department of State, pursuant to federal regulations, as sponsoring organizations for the exchange of students. Any such organization must supply proof of designation prior to recognition.
2. No foreign exchange students subject to this policy and regulation shall be brought into the district by a foreign exchange student program unless he or she has been accepted in writing as a student by the high school Principal or a designee.
3. Foreign exchange students will be allowed to attend school and will be provided bus transportation to and from school without charge. When a foreign exchange student is accepted for admission pursuant to this policy and regulation, the letter of acceptance shall include a statement that tuition shall be waived for the student.
4. The district will accept no more than five foreign exchange students per school from any single foreign exchange program. In addition, the financial impact resulting from accepting foreign students will largely determine the number of students in any building;
but in no case will the number exceed 1% of the total number of students in the building.

In all cases described above and any unusual circumstances not covered above, a written request must be submitted to the Superintendent. The Board may terminate the approval of a foreign student program when it would be in the best interests of the district to do so.

No F-1 students will be admitted into grades K-8. F-1 students may be admitted to the high school for one academic year upon the payment of tuition. A request in writing must first be submitted to the superintendent who shall determine whether or not the student(s) will be admitted. The amount of tuition charged shall reflect the full, unsubsidized per capita cost of providing educational services to the student.

Immigrant Students

All school-aged immigrant children who have abandoned their residence in a foreign country and established residence in the district will be admitted to the district’s schools without payment of tuition. Proof of residency must first be submitted to the superintendent for review.

F-1 Visa: The “F” visa is for academic studies.

Changes in U.S. immigration law, effective November 30, 1996, require that no alien may be issued an F-1 visa to attend a U.S. public elementary or middle school (K-8). Any alien who wishes to attend public high school (grades 9-12) in the United States in student visa (F-1) status must submit evidence that the local school district has been reimbursed in advance for the unsubsidized per capita cost of the education. Also, attendance at U.S. public high schools cannot exceed a total of 12 months. Please note that these changes do not affect other visa categories such as the J-1 exchange visitor program or the qualified school-age child of an alien who holds another type of nonimmigrant visa (i.e., A, E, H, I, L, etc.). No alien may be issued an F-1 visa in order to attend a publicly-funded adult education program.
J-1 Visa: The “J” visa is for educational and cultural exchange programs designated by the U.S. Department of State, Exchange Visitor Program and Designation Staff.
Scholastic Preparation: “J” exchange visitors must have sufficient scholastic preparation to participate in the designated program, including knowledge of the English language, or the exchange program must be designed to accommodate non-English speaking participants.

Adopted October 10, 2006
Adopted December 7, 2010
Reviewed, Adopted June 17, 2014

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5152.1-R Admission of Foreign Students Regulations

The High School Building Principal shall review applications for the admission of foreign students according to the guidelines established below.

1. Students must be between the ages of 15 and 18 years and six months.
2. The student must have demonstrated in his/her home school a level of scholastic achievement to indicate the possibility of success in the high school.
3. The student must be proficient in the English language.
4. The student’s records and credentials, including English translation, indicating all academic institutions attended, courses studied, and grades received in secondary school must be available to school officials no less than three weeks prior to the departure from the student’s home or by June 15 for admission the following September.
5. The student must be in good health and an immunization record must be provided.
6. The student or the sponsoring organization must provide verification of health and accident insurance with a minimum limit of $50,000.
7. The student must enroll for a full course of study on a full-time basis.
8. The student must agree to conform to established standards of acceptable behavior and conform to the rules and regulations of the high school as defined in the Code of Conduct.

All applications will be reviewed by the appropriate counselor and the high school principal. After the review, a recommendation for the approval or rejection of the application will be submitted to the Superintendent.

The district reserves the right to deny admission to any student not meeting all the requirements set forth in this policy and regulation.

Payment of Tuition

Any letter of acceptance furnished to a foreign exchange program on behalf of a foreign student with a J-1 visa will state that tuition will be waived, unless the Board determines otherwise. If the Board opts to charge tuition, the letter of acceptance will state the cost of tuition and the terms of payment.
Upon approval of the superintendent, F-1 students will pay tuition for the amount of the full, unsubsidized per capita cost to the district of providing education services to the student. Any letter of acceptance furnished to a foreign student with an F-1 visa must state the cost of tuition and the terms of payment.

Extracurricular Activities

The Board permits foreign students to participate in all district extracurricular activities, provided they meet the district’s eligibility requirements and follow the district’s behavioral and academic rules. Foreign students wishing to participate in interscholastic athletics must also comply with all State Education Department and New York State Public High School Athletic Association (NYSPHSAA) rules and standards.

Registration; Graduation

1. The non-immigrant student must present himself/herself for registration prior to the first day of classes for the current semester.
2. At the time of registration the non-immigrant student will be provided a form, to be signed by him/her, the host family, and, in the case of a foreign exchange student, a representative of the sponsoring organization, indicating compliance with the conditions as stated in this policy.
3. The non-immigrant student will be granted a certificate upon completion of an approved course of study and will be allowed to participate in commencement exercises, as appropriate.

Termination of Progress

A student’s participation may be terminated at any time by school officials for failure to abide by established guidelines, including:

1. failure of two or more courses of study without sufficient effort;
2. failure to conform to established rules and regulations;
3. failure to conform to the regulations established by the sponsoring organization; and/or
4. excessive absences.

Note: Regulation added
Reviewed September 19, 2006
Reviewed November 16, 2010
Revised, Reviewed December 11, 2012
Reviewed June 17, 2014

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5210 Student Organizations

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

The Board encourages secondary level students to pursue clubs and interests which may not be related directly to any of the curriculum programs offered in the district. In pursuit of such a goal and in compliance with the federal Equal Access Act, the Board maintains a limited open forum* by which secondary students may meet for voluntary student-initiated activities unrelated directly to the curriculum, regardless of the religious, political, philosophical or other content of the speech of such activities.

In an effort to provide a fair opportunity to students who desire to conduct a noncurriculum-related meeting, the Board shall ensure that:

  • The meeting is voluntary and student-initiated;
  • There is no sponsorship/endorsement, including no promotion or direction in a meeting by the school, Board, or its agents or employees. Assignment of a school employee to a meeting for supervisory purposes is not sponsorship;
  • Employees or agents of the district and/or Board are present primarily for supervisory purposes and in neither situation will an advisor promote a message which is contrary to the District’s Priorities, or Board of Education policy;
  • The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

*Under the Equal Access Act, 20 U.S.C. Section 4071, limited open forum is defined whenever a secondary school grants an offering to or an opportunity for one or more noncurriculum-related student groups to meet on school premises during non-instructional time.

The Superintendent of Schools is charged with developing procedures for registering and regulating student groups or clubs. Such procedures shall ensure that the district will register any group organized for a purpose not prohibited by Board policy or by law. Groups with an off-campus organization should submit a copy of that organization’s constitution or by-laws.

The district reserves its right to invite those student groups whose messages are consistent with the District Priorities, and Board of Education policies as determined by the building administration to assist in the dissemination of information. Examples may include having students aid the district in dispensing anti-drug or anti-drinking messages as well as anti-discrimination and bullying prevention themes.

All student groups must abide by administrative regulations established pursuant to this policy. Failure to do so can result in the revocation of privileges to operate.

Ref:
Education Law §207; 1709-a; 2503-a; 2554-a 
Equal Access Act, 20 U.S.C. §4071-4074
8 NYCRR Part 172
Hsu v. Roslyn, 85 F.3d 839 (2nd Cir. 1996), cert. denied, 519 U.S. 1040 (1996)
Board of Education of the Westside Community Schools v. Mergens, 496 U.S. 226 (1990)
Garnett v. Renton School Dist. No. 403, 865 F.2d 1121 (9th Cir., 1989)
Thompson v. Waynesboro Area School Dist., 673 F. Supp. 1379 (M.D. Pa. 1987)
Student Coalition v. Lower Merion School Dist. Bd., 633 F. Supp. 1040 (E.D. Pa. 1986)
Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S.Ct. 733 (1969) 
Healy v. James, 408 U.S. 169, 92 S.Ct. 2338 (1972)

Adopted: September 14, 2004
Revised and Adopted April 8, 2014
Reviewed and Adopted June 8, 2021 

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5210-R Student Organizations-Regulations

The following regulations govern the registration and management of student groups at the secondary level. Additional procedures and advisory materials for co-curricular clubs to operate by are found in the co-curricular advisory materials manual adopted by the Guilderland Central School District in March of 2011.
The district will register and officially recognize any group organized for a purpose not prohibited by Board of Education policy or by law, if such group complies with all provisions of this regulation. Any group that has been found to violate this policy and regulation may be subjected to losing its rights to meet on school premises as otherwise guaranteed under the Equal Access Act.

I. Initial Classification

The Building Principal shall determine whether a given group is curriculum-related or not. In order to qualify as “curriculum-related,” the relationship between the student group and the curriculum must meet one of the following criteria:
A. The subject matter of the group must directly and consistently relate to a specific course or subject, including a balanced representation where applicable.
B. Participation in the group is a course requirement; or
C. Academic credit is earned for participation in the group.

Any student group that does not meet at least one of the above criteria shall be classified as “non-curriculum-related.”

II. Curriculum-related Student Groups

Because curriculum-related student groups have a direct relationship to the school program, such groups are subject to greater control by the district and may receive financial support from the district.

Role of Faculty Advisors. For curriculum-related groups, faculty advisors will have the authority to provide in-depth guidance and teaching to students, and shall act on behalf of the district to ensure that the group’s activities are aligned with the district’s objectives.  All such faculty advisors must teach a subject in the district whose content is directly related to the group’s activities, or have sufficient experience or expertise related to that subject, as determined by the administration.

III. Noncurriculum-related Student Groups

A noncurriculum-related student group has a purpose and concerns a subject matter not directly related to the body of courses offered by the school. Pursuant to the federal Equal Access Act, all meetings and activities of noncurriculum-related student groups must be initiated, directed and controlled by students of the district and not by other individuals, including school personnel, parents, and all other non-school persons (persons with no official affiliation or relationship to the school).

Non-school persons may not regularly attend meetings or activities of noncurriculum-related student groups. Notification of the attendance of a non-school person at a meeting must be submitted to the advisor and Principal in writing, usually no less than seven school days prior to the meeting. The principal may deny access to non-school persons when such attendance is determined to be materially and substantially disruptive to the educational process or intrude on the rights of others. This decision may be appealed to the superintendent. If, at that time, either party is not satisfied with the decision, the matter may be appealed to the Board of Education.

No district funding shall be supplied to noncurricular student groups other than the incidental costs of providing a meeting place and adult supervision.

Faculty Advisors. For noncurriculum-related student groups, the faculty advisor shall act as a monitor for the students, and may provide assistance in facilitating logistics when requested. However, the students must retain control of such meetings and activities.  Faculty advisors for noncurriculum related groups may not assume leadership, direction or control of student groups, and may not speak on behalf of student groups. At times, it is permissible and in fact, helpful for a faculty advisor to facilitate group discussion or share expertise without violating the guidelines in this section. In such instances, the objective is for the students to ultimately be self-governing and to serve as their own facilitators.

Unless specifically stated otherwise, sections IV through XIII below apply to all student groups.

IV. Student Group Registration

Students wishing to form a group must register with the Building Principal on forms provided for this purpose. At that time and each year thereafter, student groups will be required to:
A. Submit a list of its members and officers by the end of the first marking period;
B. Submit a copy of its proposed constitution and/or bylaws; and
C. Submit a copy of the constitution and bylaws of any off-campus organization with which it may be affiliated.

V. Parental Notification

A list of current student organizations will be included in the GHS Student Handbook along with directions for parents to address any concerns which they may have regarding their child’s participation in a student organization. If parents notify the principal that they do not want their child to be a part of one or more student organizations, school officials will honor such requests. However, parents will not be required to give their consent for their child to participate in a specific student organization.  

VI. District Authority

The Superintendent of Schools, the Building Principal and/or designee has full authority to prohibit otherwise unlawful meetings; maintain discipline and order on school premises; prevent the material and substantial interference with the orderly conduct of the educational activities; and/or protect the well-being of students and other members of the school community.

VII. Scheduling Meetings

Based upon availability and advance request, properly registered student groups may conduct meetings on school premises before and after school.

Student groups may meet and schedule meeting based on the school day and school calendar with permission from the Building Principal or designee. Meeting dates and times must be presented by the end of the first marking period.  Additional activities that require dates and times beyond the school day, or would use a space necessary during the school day require a building use form for prior approval.

VIII. Presence of Faculty Advisors

To ensure appropriate levels of safety, the district requires the presence of a faculty advisor for all meetings and activities of student groups, whether curriculum-related or not. No school employee shall be expected to attend or monitor a meeting if the content of the speech at the meeting is contrary to the employee’s beliefs.

For responsibilities of faculty advisors, see the appropriate section under curriculum-related or noncurriculum-related student groups listed previously and in the Guilderland Central School District Co-Curricular Advisory Materials.

IX. Meeting/Activity Announcements

The Board allows all student groups, whether curriculum-related or not, to have their meetings and activities announced through district-owned media channels. The Board shall allow the use of media channels such as bulletin boards, morning announcements on the P.A. system, school television program, school calendar, school newspaper, and the use of school hallways for announcement posters, subject to the following requirements:

A. Announcements for student group meetings and activities, whether curriculum-related or not, may only include the name of the group, the date, time, and place of the meeting or activity, and the general subject of the meeting or activity. Announcements shall not advocate a particular position or promote a specific viewpoint. 

B. All announcements must be submitted to the Principal or faculty member in charge of the media channel at least one (1) school day in advance of such meeting or activity. The Principal or his/her designee will ensure that all announcements adhere to these provisions, and shall decide how such announcements shall be displayed and/or conveyed.

X. Distribution of Information

In keeping with the Board’s policy on ensuring student free expression within the context of the Equal Access Act, student communication for noncurriculum-related student groups within meetings and activities will be undisturbed except when such meetings and activities are determined to be materially and substantially disruptive to the educational process or intrude on the rights of others. However, the district maintains its right to limit student groups’ access to school facilities and/or the student body when it comes to the distribution or broadcasting of student group viewpoints outside of their meeting room since the Equal Access Act itself provides no such rights.

XI. Display Cases

Display cases are maintained by the district for the dissemination of information consistent with the goals and objectives of the district. The district reserves its right to invite those student groups whose messages are consistent with District Priorities, Core Values and Board of Education policies to assist in the dissemination of the district’s messages, as determined by the building administration. Examples may include having students aid the district in dispensing anti-drug or anti-drinking messages as well as anti-discrimination and bullying prevention themes.

XII. Dissemination of Regulation

Copies of this regulation will be made available to students, parents, teachers and administrators during regular business hours at the Principal’s office. A summary of these regulations will be annually provided to parents and students in a manner consistent with district practices regarding the dissemination of other general information. Additionally, a copy of this regulation will be provided to the student members and faculty advisors of all student groups upon initial registration and annually thereafter. Each member of a student group will be asked to sign a statement indicating that he/she has read, understands, and agrees to abide by this regulation. Failure to abide by the administrative regulations can result in the revocation of privileges to operate.

Reviewed September 14, 2004
Revised and Reviewed April 8, 2014
Revised, Reviewed June 16, 2015
Revised, Reviewed June 8, 2021

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5225 Student Personal Expression

The Board of Education recognizes the importance and value of student personal expression and recognizes that students do not shed their first amendment right of free expression at the schoolhouse gate. As in broader American society, the Board also understands that there is a balancing of an individual’s rights under the First Amendment with the rights of the community. Student personal expression in this context refers to student verbal and written communication using any medium (paper, e-mail; website postings, etc.) including, but not limited to, poetry, prose, art, video and music composition that is intended to be shared with the broader school community, or other actions taken to express viewpoints such as demonstrating or protesting.
Although students retain their right to free expression in school, that right is not unfettered.  School officials may regulate expression as to time, place and manner. Students’ expression which causes a substantial disruption or which materially interferes with school activities or rights of others, or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities, is not constitutionally protected speech.
The Board of Education wishes to encourage student personal expression.

Distribution of Materials

When students wish to personally express themselves in the broader school community by distributing materials, they must seek prior approval from the building principal or designee.  The building principal or designee will render decision within two school days of receiving the request. The building principal shall give due consideration to the constitutionally protected right of freedom of expression and religion, the maintenance of the normal operation of school and its activities, the protection of persons and property and the need to assist students in learning appropriate ways to exercise their rights. Unless such student expression takes place within the confines of a school-sponsored event/activity authorization will be granted if:
  • The material is distributed as directed by the Principal or designee in such a manner as to not materially or substantially interfere with the rights of others or substantially disrupt the normal operation of the school;
  • The material is not considered to be obscene, lewd, indecent, libelous, an invasion of the privacy of other individuals, or an expression that attacks a person’s character, family, or actual or perceived race, color, religion, religious practice, age, weight, sex, ethnic group, national origin, physical appearance, sexual orientation, gender (including gender identity or gender expression) or disabling condition.
  • The material is free from advertisements or promotion of cigarettes, e-cigarettes, liquor, illegal or illicit drugs, or drug paraphernalia or other products or services harmful to minors and/or not permitted to minors by law, or advocating breaking laws and school policies and/or regulations, and/or displays symbols of hate.

Procedural Due Process

If a student(s) seeks to distribute material within school buildings or at school events, they must present such material for prior review by the Building Principal who must make a decision regarding distribution within two (2) school days of receipt of the request and the provide the reason for the denial in writing. The aggrieved student(s) may within two (2) school days, appeal in writing to the Superintendent of Schools. The Superintendent of Schools must issue a written decision within two (2) school days after receiving the appeal.  

Off-Campus Student Expression

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

Student Demonstrations and Protests

Students maintain their constitutional right while they are in school, or at school sponsored events, to peacefully assemble. However, the district may take reasonable actions to maintain a safe and functioning learning environment, to ensure that the school environment is not materially disrupted.  Accordingly, school officials maintain the authority to limit student demonstrations which result in materially disrupting the operation of the schools’ educational process. In addition, the school may deem student absences from school or class to demonstrate or protest to be unexcused under the district’s Attendance policy (#5100), and those absences may result in consequences under that policy.
The district may also plan and host its own events to address issues of student and school concern.

Violation of Policy

Students who violate this policy will be subject to the appropriate disciplinary action, which may include short or long-term suspension, in accordance with the Code of Conduct.
Cross-ref: 0115, Harassment, Hazing and Bullying
0110, Sexual Harassment
4526, Computer Use in Instruction
5040, Student Religious Expression 
5100, Student Attendance
5210, Student Organizations
5220, School-Sponsored Student Expression
5300, Code of Conduct
Ref: Mahanoy Area School District v. B.L., 594 U.S. ___ (2021), 141 S. Ct. 2038 (2021)
Morse v. Frederick, 551 U.S. 393 (2007)
Doninger v. Niehoff, 642 F.3d 334 (2d Cir.), cert. denied, 132 S. Ct. 499 (2011)
Bethel School District v. Fraser, 478 U.S. 675 (1986)
Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, (1969) (limits on student free speech rights in school setting)
Eisner v. Stamford Board of Educ., 314 F Supp 832, modf’d 440 F2nd 803 (1971)
New York State’s Dignity for All Students Act (The Dignity Act), Chapter 482 (2010), Chapter 102 (2012)
Adopted: October 23, 2018
Revised, Adopted May 2, 2023
Revised, Adopted October 3, 2023

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5252 Student Activities Funds Management

The Board of Education shall have the responsibility for the protection and supervision of the financial affairs of student clubs and extracurricular activities. The Superintendent will recommend and the Board will appoint a competent and qualified faculty advisor for each club or organization. The Board will appoint a treasurer for the management of the funds associated with these clubs and organizations at the annual board organizational meeting.

Each student organization will designate a student treasurer in conformance with policy 5210.

Prior to termination of a student organization, all funds remaining in the treasury must be disposed of in one of the following ways:

  • Expended by a majority vote of the organization, as provided for in its bylaws.
  • Transferred to another student organization or for another purpose, as determined by the membership of the student organization

An inactive extraclassroom activity or club is an activity or club having no financial transactions for three full school years. If an inactive extraclassroom activity or club is identified, the central treasurer is directed to liquidate the leftover funds of this extraclassroom activity or club, or graduating class (after an appropriate waiting period) to the account of the Student Government. For inactive extraclassroom activities or clubs, the process for reactivation is the same as the organizing procedures set forth.

Financial transactions will be carried out in conformance with district policies and procedures. An audit of all accounts will be made annually by the independent/external auditor.

Cross-ref: 2210, Board Organizational Meeting
5210, Student Organizations
6660, Independent External Audit

Ref: Education Law §207
8 NYCRR Part 172
The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, Finance Pamphlet 2, New York State Education Department

Replaced, Adopted: October 25, 2022

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5280 Interscholastic Athletics

Interscholastic athletics for boys and girls is an integral and desirable part of the district’s secondary school educational program. Individual and team sports shall be based upon comprehensive physical education instruction and intramural activities, seeking broad participation from all eligible secondary students. Lifetime or carry-over sports are to be particularly encouraged and supported. Parity in the number and kind of sports activities for girls and boys is a clear objective of the district.

Student eligibility for participation on interscholastic teams shall include:

1. authorization by the school physician;
2. written parent or guardian consent (the written consent will contain information for parents on mild traumatic brain injury (TBI) and will provide a link to the State Education Department’s web page on TBI); and
3. endorsement by the Building Principal based on established rules and various league and State Education Department regulations.

Although the district will take reasonable care to protect student athletes, students may still sustain injuries. In order to most effectively ensure student safety, open communication between students, parents and coaches about the child’s medical condition is critical. Coaches, and other appropriate staff, will receive guidance and training regarding recognition of injury and removal of the student athlete from play in the event of injury. Parents and/or students are expected to report injuries so that student health can be protected.
In the case of a suspected or actual head injury, a student must be removed from play immediately. In order to resume participation following injury, including head injury, the student needs to receive medical clearance. The Superintendent, in consultation with appropriate district staff, including the school physician, will develop regulations and procedures to guide the process of return to play.
In recognition of the importance of appropriately managing head injuries, the Board authorizes the creation of a Concussion Management Team (CMT). The CMT will be comprised of the athletic director, a school nurse, the school physician, a coach of an interscholastic team, an athletic trainer and other appropriate personnel designated by the Superintendent. The CMT is charged with overseeing compliance with state training requirements, developing guidelines for use by coaches and physical education teachers and developing information for distribution to parents and students.

Adopted February 2, 2016

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5280.1 Interscholastic Athletics-Athletic Placement Process

The Guilderland Central School District shall permit 7th and 8th grade students to compete under the Athletic Placement Process, as articulated by the State Education Department. These students are to be placed at levels of competition appropriate to their physiological maturity, physical fitness and skills in relationship to other students in accordance with the standards established by the Commissioner.

Adopted December 16, 1997
Reviewed and Adopted May 22, 2007
Reviewed June 17, 2014
Revised, Adopted December 8, 2015
Revised, Adopted January 23, 2018

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5280.1-R Interscholastic Athletics-Athletic Placement Process Regulation

The Guilderland Central School District does allow students, in some circumstances, to compete under the Athletic Placement Process. Physical education teachers, coaches, students, or parents/guardians may ask the Director of Health, Physical Education & Athletics to evaluate a student, using the APP. Students will not be processed through the evaluation procedures without a request from the Director of Health, Physical Education & Athletics and parent/guardian written permission. It is not the intent to evaluate all modified students, and evaluation should be considered only for those students with the appropriate physical and emotional readiness, and whose athletic abilities are outside of those of their age-related peers.
Working in this capacity, the Director of Health, Physical Education & Athletics is required to implement the following procedural steps:
Step 1 District Policy: Confirm that the school district has approved a resolution to allow students to participate in the APP (and/or revise the language in existing “Selection/ Classification” policies to include the new process). If no such resolution exists, proper steps should be taken to ensure that this first requirement is met.
Step 2 Parent/Guardian Permission: All students who are to be evaluated must first obtain written parent/guardian permission before any evaluation may begin.
Step 3 Administrative Approval: The athletic administrator should confirm that the student is suitable for consideration, which includes the likelihood that the student would play in at least 50% of the games. Additionally, because of the increased time demands of participation at the high school level, the student’s academic performance (as determined at the local level) should be at or above grade level. Furthermore, administration should assess the student’s emotional readiness to socialize with high school-aged students. If the student is not academically or socially ready, the student should not proceed through the APP.
Step 4 Medical Clearance: (Must be completed BEFORE the physical fitness portion of the process) The district medical director will determine a student’s physical maturity level, and compare the physical size of the student in relation to that of the students against whom the student wishes to compete. If the student is determined to have attained the appropriate physical maturity level and comparable physical size for the desired sport and level the student may proceed with step 5. If the medical director determines that the student has not attained an appropriate physical maturity level for the desired sport and level, the process stops.
Step 5 Sport Skill Evaluation: The sport coach will rely on past personal observations and may consider input from the student’s former coaches to complete the evaluation. If the coach is unfamiliar with the student, the sport coach may wish to observe the student in a physical education class.

Step 6 Physical Fitness Testing: This must be done by a certified physical education teacher who is not a coach of the sport for which the student will be trying out. The President’s Physical Fitness Test has been selected as the test for this process, and the student must meet the 85th percentile level for their age in 4 out of 5 test components (see Appendix E, I, and J). For students trying out for swimming, see Appendix J for an alternate fitness test to the 1 mile walk/run- students trying out for swimming may choose to either do the 1 mile walk/ run or the 500 yard swim. (Exception to the physical fitness test requirement: Students who desire to try out for bowling or golf teams are not required to complete the physical fitness testing).
Step 7 Qualification Determination: The results of the three evaluations will be sent to the Director of Health, Physical Education & Athletics. Only students who pass all parts of the APP are permitted to try out.
Step 8 Try Outs: The student is allowed to try out for the sport and level requested or the student must return to the modified level of competition. For students trying out for bowling or golf, there is a separate set of instructions.
Step 9 Records: The Director of Health, Physical Education & Athletics must maintain all records of students who have successfully completed the APP. Items to be kept in the student’s file are: Parent/Guardian Permission and Result letters; Maturity Evaluation and Medical Director Form; Physical Fitness results; Coach’s Sport Skill Evaluation.
Step 10 Notifications: A Notification List of the scores of all athletes who have successfully completed the process and have been approved through the APP after the try-out period has been completed must be sent to:

  • The physical education director and/or athletic director of competitor schools
  • Athletic governing board or section office

Exceptions

If a student in grade 7 or 8 has reached the chronological age of 15 years old prior to July 1, he or she is eligible to participate on high school athletics without undergoing the APP; only medical approval by the district medical director is required, as these students are already at an advanced age and would otherwise lose eligibility due to aging out.

Reviewed December 8, 2015
Reviewed January 23, 2018

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5300.00 Code of Conduct – Why Do We Have a Code of Conduct?

  1. Students need to be supported and engaged in school in order to promote strong character and appropriate conduct. It is also essential that students are able to take age-appropriate responsibility for their own behavior.

    Student engagement is developed when students are provided with multiple opportunities to participate in a wide range of positive social activities while interacting with caring, supportive adults. This helps to ensure that students are better able to:

    • recognize and manage emotions;
    • develop caring and concern for others;
    • establish positive relationships;
    • make responsible decisions; and
    • handle challenging situations constructively and ethically.
  2. Effective and engaging instruction and positive behavioral supports are the foundations of a positive school climate. School teachers, administrators, and other staff are encouraged to set high expectations for student success, build positive relationships with students, as well as teach and model appropriate behaviors for success. Modeling respectful, positive behavior is especially critical during disciplinary interventions.
  3. All adults – teachers, principals, administrators, school staff, parents, and the larger community – have an obligation to help students become good citizens and lead productive lives by modeling desired behaviors and cultivating those behaviors in students.
  4. Appropriate conduct and strong character are reflected in a civil, respectful, healthy and caring environment.

    Student discipline and support policies and practices will be implemented in a manner which is caring and equitable, respectful and based on trust among administration, staff, students, and families and holds all individuals accountable, but is restorative and solutions oriented, rather than punitive. This will help students:

    • learn from their mistakes;
    • understand why their behavior was unacceptable;
    • acknowledge the harm they caused or the negative impact of their actions;
    • understand what they could have done differently;
    • take responsibility for their actions;
    • learn pro-social strategies and skills to use in the future; and
    • understand that further consequences and/ or interventions will be implemented if their unacceptable behavior persists.
  5. The District will continuously monitor results in an effort to determine strategies for improvement.

Adopted: August 9, 2022

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5300.05 Code of Conduct – Introduction

The Board of Education is committed to providing a safe and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference. The school district is committed to:

  • ensuring each student is healthy, safe, engaged, supported, and challenged;
  • helping students develop self-discipline and social and emotional growth; and
  • guiding students in improvement and corrections of inappropriate, unacceptable and unsafe behaviors.

Responsible behavior by students, teachers, other district personnel, parents and other visitors is expected, as it is essential to achieving this goal.

For this to happen, everyone in the school community must demonstrate and offer respect to others.

With the recognition that all children make mistakes and that this is part of growing up, schools must help all students learn to grow from their mistakes. School discipline policies should support students and teachers and ensure that everyone is treated with dignity and respect.

Student engagement is also integral to creating a positive school climate and culture that effectively fosters students’ academic achievement and social/emotional growth. Providing student with multiple opportunities to participate in a wide range of pro-social activities and at the same time to develop a bond with caring, supportive adults reduces negative behavior. Examples can include: providing students with meaningful opportunities to share ideas and concerns and participate in school-wide initiatives; student leadership development; periodic recognition of student’s achievements in a range of academic and co-curricular areas; using corrective feedback; and developing school-wide positive behavior systems.

The district has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity.

All persons on school property must behave in a safe manner. When required by the district during an outbreak of a communicable disease, this may include maintaining appropriate distance from others and wearing face coverings or other personal protective equipment.

The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, identify the possible developmentally appropriate, graduated consequences of unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and fairly, keeping in mind the goal is not to penalize, but to teach students there are consequences to actions and choices. To this end, the Board adopts this code of conduct (“code”), which is based upon education laws, regulations, and Board policies.

Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property or attending a school function.

Adopted: August 9, 2022

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5300.10 Code of Conduct – Definitions

For purposes of this code, the following definitions apply.

“Disruptive student” means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.

“Gender” means actual or perceived sex and shall include a person’s gender identity or expression.

“Gender expression” is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.

“Gender identity” is one’s self-conception as being male, female or gender fluid, as distinguished from actual biological sex or sex assigned at birth.

“Parent” means parent, guardian or person in parental relation to a student.

“Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locks, and twists.

“Race” includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.

“Relationships” are the way in which two or more people regard and behave toward each other.

“Responsibility” is an obligation to behave in accordance with social norms and being held accountable for one’s actions.

“Restorative Practices” are a response to student actions that violate the dignity, safety, or well-being of others by connecting the person responsible for the harm with those who have been harmed, in order to reach a resolution that guides, and assists the person responsible for the harm in accepting responsibility, apologizing for the harm, making meaningful reparation and improving the relationship between parties.

“School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus, as defined in Vehicle and Traffic Law §142.

“School function” means any school-sponsored extra-curricular event or activity.

“Sexual orientation” means actual or perceived heterosexuality, homosexuality, bisexuality or pansexuality.

“Violent student” means a student under the age of 21 who:

  1. Commits an act of violence upon a school employee, or attempts to do so.
  2. Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.
  3. Possess, while on school property or at a school function, a weapon such as a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death.
  4. Displays, while on school property or at a school function, what appears to be a weapon.
  5. Threatens, while on school property or at a school function, to use a weapon. This includes cyber/virtual threats that cause a material disruption to the school environment.
  6. Knowingly and intentionally damages or destroys the personal property of any school employee or any person lawfully on school property or at a school function.
  7. Knowingly and intentionally damages or destroys school district property.

“Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box cutters, cane sword, electronic dart gun, Kung Fu star, electronic
stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death.

Adopted: June 5, 2012
Revised, Adopted: August 9, 2022

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5300.15 Code of Conduct – Student Rights and Responsibilities

  1. Student Rights
    The district is committed to safeguarding the rights given to all students under federal and state law and district policy. In addition, to promote a safe, healthy, orderly and supportive school environment, all district students have the right to:

    1. Take part in all district activities on an equal basis regardless of race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), weight, color, creed, national origin, ethnic group, religion, religious practice, gender (including gender identity and expression), sexual orientation, or disability.
    2. To be respected as an individual and treated fairly and with dignity by other students and school staff.
    3. To express one’s opinions, either verbally or in writing, as long as it is done so in a respectful manner.
    4. Present their version of the relevant events to school personnel authorized to impose.
    5. Access school policies, regulations and rules and, when necessary, receive an explanation of those rules from school personnel.
  2. Student Responsibilities
    All district students have the responsibility to:

    1. Contribute to maintaining a safe, supportive and orderly school environment that is conducive to learning and to show respect to other persons and to property.
    2. Help make school a community free of violence, intimidation, bullying, harassment, and discrimination.
    3. Be familiar with and abide by district policies, rules and regulations dealing with student conduct.
    4. Attend school every day unless they are legally excused and be in class on time and prepared to learn.
    5. Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
    6. React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.
    7. Use a polite tone of voice and appropriate body language, listening when others are speaking to you.
    8. To be truthful when speaking with school officials regarding Code of Conduct violations.
    9. Respect personal space of others.
    10. Work to develop skills to manage their emotions and reactions and resolve conflict with others.
    11. Ask questions when they do not understand.
    12. Seek help in solving problems.
    13. Dress appropriately for school and school functions.
    14. Accept responsibility for their actions.
    15. Conduct themselves as representatives of the district when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.

Adopted: June 5, 2012
Revised, Adopted: August 9, 2022

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5300.20 Code of Conduct – Essential Partners

All members of our learning community-including students, staff, parents/guardians and engaged service providers-must assume a responsible role in promoting behavior that enhances academic and social success. Courteous, respectful, and responsible behavior fosters a positive climate in the learning community.

Those responsibilities include but are not limited to the following:

A. Parents/Guardians

The Code of Conduct is a guide for understanding the personal, social, and academic behaviors which are expected from your child while at school and school activities. This code also guides how school staff will work with you and your child to help demonstrate positive behaviors and enjoy academic success.

To achieve this goal, parents/guardians will be encouraged to promote participation in restorative practices to resolve incidents and conflict and to support their child in receiving the maximum benefit from a restorative justice approach.

To achieve this goal, all parents/guardians are expected to:

1. Recognize that the education of their child(ren) is a joint responsibility of the parents/guardians and the school community and collaborate with the district to optimize their child’s educational opportunities.
2. Send their children to school ready to participate and learn.
3. Ensure their children attend school regularly and on time.
4. Ensure authorized absences are excused.
5. Insist their children be dressed and groomed in a manner consistent with the student dress code.
6. Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.
7. Know school rules and help their children understand them so that their children can help create a safe and supportive school environment.
8. Convey to their children a supportive attitude toward education and the District.
9. Build positive, constructive relationships with teachers, other parents/guardians and their children’s friends.
10. Tell school officials about any concerns or complaints in a respectful and timely manner.
11. Help their children deal effectively with peer pressure.
12. Inform school officials of changes in the home situation that may affect student conduct or performance.
13. Provide a place for study and ensure homework assignments are completed.
14. Be respectful and courteous to staff, other parents/guardians and students while on school premises.

B. Staff

The Code of Conduct is a guide for supporting positive student behavior at school. It is intended to help staff prevent student misconduct through the use of effective strategies and systems. It will provide guidance for intervening effectively and appropriately if students don’t meet expected standards of behavior or violate the school rules and policies. Concerns about safety and school climate should be brought to the school principal so staff can work together to maintain a safe and orderly learning and work environment.

All staff are expected to understand that students may come to school having experienced trauma in their lives, which can impact their behavior in school (e.g., anger, outbursts, withdrawal, self-injury):

1. Teachers

To achieve this goal, all district teachers are expected to:

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex, which will strengthen students’ self-worth and promote confidence to learn.
b. Be prepared to teach.
c. Demonstrate interest in teaching and concern for students and student achievement.
d. Know school policies and rules, and enforce them in a fair and consistent manner.
e. Maintain confidentiality in conformity with federal and state law.
f. Communicate to students and parents/guardians:

i. Course objectives and requirements
ii. Marking/grading procedures
iii. Assignment deadlines
iv. Expectations for students
v. Classroom behavior and consequences plan

g. Communicate regularly with students, parents/guardians and other teachers concerning growth and achievement.
h. Participate in school-wide efforts to provide adequate supervision in all school spaces, in conformity with the Taylor Law.
i. 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 activity.
j. Address personal biases that may prevent equal treatment of all students in the school or classroom setting.
k. Be open to active participation in resolving conflicts through a restorative, trauma informed process.

2. Pupil Personnel Service Providers

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), or sex, which will strengthen students’ self-concept and promote confidence to learn.
b. Assist students in coping with peer pressure and emerging personal, social and emotional problems.
c. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor conferences, as necessary, as a way to resolve problems.
d. Regularly review with students their educational progress and career plans.
e. Maintain confidentiality in accordance with federal and state law.
f. Provide information to assist students with career planning.
g. Encourage students to benefit from the curriculum and extra-curricular programs.
h. Make known to students and families the resources in the community that are available to meet their needs.
i. Participate in school-wide efforts to provide adequate supervision in all school spaces.
j. 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 activity.
k. Address personal biases that may prevent equal treatment of all students.
l. Promote a trauma-responsive approach to addressing student behavior by supporting professional development, providing safe work environments, forming trusting relationships with students, allowing for student choice and autonomy, and encouraging student skill-building and competence.
m. Be open to active participation in resolving conflicts through a restorative, trauma informed process.

3. Coaches

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), or sex, which will strengthen students’ self-concept and promote confidence to learn.
b. 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 activity.
c. Be sensitive to, and address as needed, personal biases that may prevent equal treatment of students in the school, classroom or athletic setting.
d. Report as soon as possible, incidents of harassment and discrimination that are witnessed or otherwise brought to a Coach’s attention.
e. Plan, coordinate and supervise all activities in their respective sport.
f. Support the Director of Athletics in conducting all activities related in that particular sport and team.
g. Establish training rules and procedures beyond the administrative regulations of the school district and to enforce them in a fair, consistent manner.
h. Review and discuss with team members, parents/guardians, and assistant coaches prior to the first practice:

1. Hazing Policy
2. Bullying Prevention Policy
3. Harassment Policy
4. Administrative eligibility rules
5. Training rules, attendance (school, team, coaches) policies
6. Criteria for earning awards
7. Expectations for student-athletes
8. Transportation policies
9. All-state and section policies (i.e. NYSPHSAA)

i. Establish good public relations and good working relations with parents/guardians, district administrators, faculty and staff, community members and the media.
j. Know school policies and rules, and enforce them in a fair and consistent manner.
k. Abide by the guidelines in the Coach’s Commitment.

4. Bus Drivers

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race or (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex.
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/guardians.
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 activity.
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 and discrimination that are witnessed or otherwise brought to a driver’s attention.
i. Know school policies and rules, and enforce them in a fair and consistent manner.

5. Other School Personnel

a. Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), or sex, which will strengthen students’ self-concept and promote confidence to learn.
b. Maintain confidentiality in accordance with federal and state law.
c. Be familiar with the code of conduct.
d. Help children understand the district’s expectations for maintaining a safe, orderly environment.
e. Participate in school-wide efforts to provide adequate supervision in all school spaces.
f. Confront issues of discrimination and harassment, hazing, 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 activity.
g. Address personal biases that may prevent equal treatment of all students.
h. Be open to active participation in resolving conflicts through a restorative, trauma informed process.

6. Principals/Administrators

a. Promote a safe, caring, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation (including gender identity and expression) or sex.
b. Ensure that students and staff have the opportunity to communicate regularly with the principal/administrators and have access to the principal/administrators for redress of grievances.
c. Maintain confidentiality in accordance with federal and state law.
d. Evaluate on a regular basis all instructional programs to ensure infusion of civility education in the curriculum.
e. Support the development of and student participation in appropriate extra-curricular activities.
f. Provide support in the development of the Code of Conduct, when called upon. Disseminate the Code of Conduct and anti-harassment policies.
g. Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved promptly and fairly.
h. Participate in school-wide efforts to provide adequate supervision in all school spaces.
i. 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 activity.
j. Address personal biases that may prevent equal treatment of all students and staff.
k. Promote a trauma-responsive approach to addressing student behavior by supporting professional development, providing safe work environments, forming trusting relationships with students, allowing for student choice and autonomy, and encouraging student skill-building and competence.
l. Be open to active participation in resolving conflicts through a restorative, trauma-informed process.

7. Dignity Act Coordinator(s)

The Dignity Act Coordinators are as follows:

Asst. Superintendent for Curriculum and Instruction (518) 456-6200 ext. 0119
Building Principals, including Assistant Principals, can be reached at:
Guilderland High School (518) 861-8591
Farnsworth Middle School (518) 456-6010
Westmere Elementary School (518) 456-3771
Pine Bush Elementary School (518) 357-2770
Lynnwood Elementary School (518) 355-7930
Guilderland Elementary School (518) 869-0293
Altamont Elementary School (518) 861-8528

Their duties are as follows:

a. Promote a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression) or sex.
b. Oversee and coordinate the work of the district-wide and building-level efforts to create and maintain a safe, welcoming and inclusive environment.
c. Identify curricular resources that support infusing civility in classroom instruction and classroom management; and provide guidance to staff as to how to access and implement those resources.
d. Coordinate with the Director of Diversity, Equity, and Inclusion, alongside the Professional Development Committee, to foster safe, welcoming, and harassment free learning environments for all students.
e. Be responsible for monitoring and reporting on the effectiveness of the district’s efforts to support students in building social and behavioral skills, resolving conflicts in a non-violent manner, and creating safe, welcoming, and harassment free learning environments for all students.
f. Confront and investigate 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 activity.
g. Address personal biases that may prevent equal treatment of all students and staff.

8. Superintendent

a. Promotes a safe, orderly and stimulating school environment that supports active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender or sex.
b. Informs the Board about educational trends relating to student discipline.
c. Reviews with District administrators the policies of the Board of Education and state and federal laws relating to school operations and management.
d. Maintains confidentiality in accordance of federal and state law.
e. Works to create instructional programs that minimize incidents of inappropriate behavior and are sensitive to student and teacher needs.
f. Works with District administrators in encouraging a positive school climate, enforcing the Code of Conduct and ensuring that all cases are resolved promptly and equitably.
g. Participates in school-wide efforts to provide adequate supervision in all school spaces.
h. Confronts 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 activity.
i. Addresses personal biases that may prevent equal treatment of all students and staff.
j. Promotes a trauma-responsive approach to addressing student behavior by supporting professional development and appropriate staffing.

9. Board of Education

a. Promotes a safe, orderly and stimulating school environment, supporting active teaching and learning for all students regardless of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.
b. Maintains confidentiality in accordance with federal and state law.
c. Develops and recommend a budget that provides programs and activities that support achievement of the goals of the code of conduct.
d. Collaborates with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, district personnel and visitors on school property and at school activities.
e. Adopts and reviews at least annually the district’s code of conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation.
f. Leads by example by conducting Board meetings in a professional, respectful, courteous manner.
g. Refers to the Superintendent of Schools 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 activity.
h. Addresses personal biases that may prevent equal treatment of all students and staff.
i. Promotes a trauma-informed approach to addressing student behavior by supporting professional development, providing a safe school environment, encouraging the forming of trusting relationships with students, allowing for student choice and autonomy, and encouraging student skill-building and competence.
j. Is open to active participation in resolving conflicts through a restorative, trauma-informed process.

Adopted: June 5, 2012
Revised, Adopted: August 9, 2022

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5300.25 Code of Conduct – Student Dress Code

All students are expected to give proper attention to personal cleanliness and to dress appropriately for school and school functions. Students and their parents have the primary responsibility for acceptable student dress and appearance. Teachers and all other district personnel should exemplify and reinforce acceptable student dress and help students develop an understanding of appropriate appearance in the school setting.
A student’s dress, grooming and appearance, including hair style/color, jewelry, make-up, and nails, must:
  1. Be unlikely to injure people or damage property, appropriate according to this code, and not substantially disrupt or materially interfere with the educational process.
  2. Recognize that extremely brief garments and see-through garments are not appropriate.
  3. Ensure that underwear is covered by outer clothing (visible waistbands and straps are not violations).
  4. Include footwear at all times. Footwear that is a safety hazard will not be allowed.
  5. Not cover the student’s face to the extent the student is not identifiable, except for a medical or religious purpose.
  6. Not include items that are vulgar, obscene, libelous, or denigrate, harass, or discriminate against others on account of race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, weight, religion, religious practice, disability/ability, creed, national origin, ethnic group, gender (including gender identity and expression), sex, sexual orientation disability/ability, or socio-economic status.
  7. Not promote and/or endorse the use of alcohol, tobacco nicotine products, marijuana (THC) or controlled substances or illegal drugs and/or encourage other illegal or violent activities.
Nothing in this policy will be construed to limit the ability of students to express their gender identity through clothing, jewelry, makeup, or nail color or styles, or to discipline students for doing so. Likewise, nothing in this policy will be construed to restrict students from wearing hairstyles as a trait historically associated with race (such as but not limited to hair texture and protective hairstyles like braids, locks, and twists) or to discipline them for doing so.
Each Building Principal or designee is responsible for informing all students and their parents of the student dress code at the beginning of the school year and any revisions to the dress code made during the school year.
Enforcement of this dress codes must be approached with careful consideration and sensitivity, with the goal of supporting students in reaching their full potential, not shaming or criminalizing them, and to minimize loss of instructional time. Staff, preferably those who have a positive relationship with the student, are expected to address dress code violations with students privately, determine if there are factors impacting the student’s ability to meet the dress code, and help address these issues. Students whose appearance violate the student dress code are required to modify their appearance by covering or removing the offending item, and if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so will be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code will be subject to further discipline, up to and including out of school suspension if after restorative justice principles have been implemented the student continues to refuse to cooperate. 

Specific Activity Dress Codes

The District recognizes that certain extracurricular activities may have different attire expectations. As such, while students are actively participating in such activities they may wear activity and/or weather specific attire, such as sports bras for outdoor sports practices, swimsuits for swimming, business attire for certain clubs, costumes for plays, protective eye wear and closed-toe shoes in certain CTE workshops and science labs, hairnets in culinary arts classes, etc. Once the student is no longer actively participating in such activities, they must continue to comply with the District’s standard dress code requirements.
Notwithstanding, any activity and/or weather specific dress attire must be consistent with the values expressed in this policy, and to the extent any coach, teacher, or staff seeks to establish an activity and/or weather specific dress code, it must be shared in advance in writing with Building Administration for review.
Ref: Education Law §11(9), (10)
Executive Law §292(37), (38)
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969)
Appeal of Parsons, 32 EDR 672 (1993)
Adopted: August 9, 2022
Revised, Adopted October 17, 2023

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5300.30 Code of Conduct – Prohibited Student Conduct

The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment with the goal of making school a community free of violence, intimidation, bullying, harassment, and discrimination. Exclusion from the school environment and suspension will only be used when necessary to protect the safety of students and staff or when all other measures have been exhausted.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their mistakes or misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on educating students so that they may learn from their behavior and grow in self-discipline.

The Board recognizes the need to make its expectations for student behavior while on school property or engaged in a school function specific, clear, and consistent. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others. Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the consequences for their behavior.

Students may be subject to disciplinary action, up to and including, in extreme or repeated occurrences, suspension from school, when they:

A. Engage in conduct that is disorderly. Examples of this type of behavior include, but are not limited to:

1. Running or otherwise unsafe behavior in hallways.
2. Making unreasonable noise.
3. Using language or gestures that are profane, lewd, vulgar or abusive.
4. Obstructing vehicular or pedestrian traffic.
5. Engaging in any willful act which disrupts the normal operation of the school community.
6. Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from a teacher, coach, advisor, or the administrator in charge of the building.
7. Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of the district’s acceptable use policy.

B. Engage in conduct that deliberately goes against what a student has been asked to do or where they are supposed to be at any given time. This behavior is considered insubordinate. Examples of this type of behavior include, but are not limited to:

1. Failing to comply with the reasonable directions of teachers, school administrators or other school employees or demonstrating belligerence or disrespect.
2. Lateness for, missing or leaving school without permission.
3. Skipping detention.

C. Engage in conduct that prevents others from being able to learn, focus, or be engaged in their work. This behavior is considered disruptive. Examples of this type of behavior include, but are not limited to:

1. Display or use of personal electronic devices, such as, but not limited to, cell phones, music or video players, cameras, in a manner that is in violation of district policy.
2. Inappropriate sexual contact.

D. Engage in conduct that is violent. Examples of this type of behavior include, but are not limited to:

1. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator, other school employee, another student or any other person lawfully on school property.
2. Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
3. Displaying what appears to be a weapon.
4. Threatening to use any weapon.
5. Intentionally damaging or destroying the personal property of a student, teacher,
administrator, other district employee or any person lawfully on school property,
including graffiti or arson.
6. Intentionally damaging or destroying school district property.

E. Engage in any conduct that endangers the safety, physical or mental health or welfare of others. Examples of such this type of behavior include, but are not limited to:

1. Attempting to engage in or perform an act of violence noted in Section D.
2. Subjecting other students, school personnel or any other person lawfully on school property or attending a school function to danger by recklessly engaging in conduct which creates a substantial risk of physical or emotional injury.
3. Stealing or attempting to steal the property of other students, school personnel or any other person lawfully on school property or attending a school function.
4. Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.
5. Discrimination, which includes using race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), color, creed, national origin, ethnic group, religion, religious practice, sex, gender (identity and expression), sexual orientation, weight, disability/ability, or socio-economic status to deny rights, equitable treatment or access to facilities available to others.
6. Harassment (or Bullying), is the creation of a hostile environment by conduct or threats, intimidation or abuse. (See policy, 0115, Student Harassment and Bullying Prevention and Intervention for a more complete definition.)
7. Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily or emotional harm.
8. Hazing, which includes an induction, initiation or membership process involving harassment (see policy 0115 for a more complete definition).
9. Selling, using, distributing or possessing obscene material.
10. Using vulgar or abusive language, cursing or swearing.
11. Smoking a cigarette, cigar, pipe, electronic cigarette (i.e., vape), or using chewing or smokeless tobacco, or smoking/vaping/ingesting cannabis or concentrated cannabis (includes cannabis products) or smoking cannabinoid hemp (except for lawful medical cannabis use in compliance with state law and regulation).
12. Possessing, consuming, selling, offering, manufacturing, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any synthetic version thereof, whether specifically illegal or not, commonly referred to as “designer drugs” which are substances designed and synthesized to mimic the intended effects and usages of, which are chemically substantially similar to, illegal drugs, which may or may not be labeled for human consumption.
13. Inappropriately using or sharing prescription and over-the-counter drugs.
14. Gambling.
15. Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
16. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
17. Knowingly making false statements or knowingly submitting false information to school staff.

F. Engage in misbehaviors otherwise prohibited by sections A-E of this section while on a school bus and to remain seated, keep objects and body parts inside the bus, obey the directions from the bus driver or monitor. Students are required to behave appropriately while riding on district buses, to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.

G. Engage in any form of academic misbehavior. Examples of academic misbehavior include, but are not limited to:

1. Plagiarism.
2. Cheating.
3. Copying.
4. Altering records.
5. Assisting another student in any of the above actions.

H. Engage in off-campus misbehavior that interferes with or can reasonably be expected to substantially disrupt the educational process in the school or a school function. Such misbehavior includes threatening or harassing students or school personnel through any means off-campus, including cyberbullying (for a complete definition of harassment, bullying and cyberbullying refer to policy 0115, Student Harassment and Bullying Prevention and Intervention).

Ref:

Education Law §§10-18 (Dignity for All Students Act)
Mahanoy Area School District v. B.L., 594 U.S. (2021)

Adopted June 5, 2012
Revised, Adopted November 20, 2012
Revised, Adopted August 9, 2022

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5300.35 Code of Conduct — Reporting Violations

Because the district’s goal is for making school a community free of violence, intimidation, bullying, harassment, and discrimination, all students are expected to promptly report violations of the code of conduct to a teacher, guidance counselor, the Building Principal or designee. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function is expected to report this information immediately to a teacher, the Principal, the Principal’s designee or the Superintendent of Schools.

Students are prohibited from knowingly making false statements or knowingly submitting false information to school staff during a disciplinary process.

All district staff who are authorized to impose disciplinary consequences are expected to do so in a prompt, fair, consistent, and lawful manner. District staff who are not authorized to impose disciplinary consequences are expected to promptly report violations of the code of conduct to their supervisor, who will in turn impose an appropriate disciplinary consequence if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate consequence.

Any weapon, alcohol or illegal substance found will be confiscated immediately, if possible, followed by notification to the parent/guardian of the student involved and the appropriate disciplinary consequences, which may include permanent suspension and referral for prosecution.

The Principal or designee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical.

Adopted: August 9, 2022

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5300.40 Code of Conduct — Disciplinary Penalties, Procedures and Referrals

Historically, the discipline of students in schools has focused mainly on handing out punishments based on specific actions. These punishments include reprimands, loss of privileges, office referrals, detentions and suspensions.

However, understanding discipline as a “teachable moment” is fundamental to a positive approach to discipline with the ultimate goal of teaching pro-social behavior. Therefore, the Board authorizes restorative justice practices to be employed where appropriate, use conflict resolution, restitution to those harmed, and group, classroom, community and re-entry circles to address misbehaviors with the ultimate goal of teaching pro-social behavior. This approach seeks concurrent accountability and behavioral change.

The main principles of restorative justice are valuing and restoring relationships, repairing the harm done to affected parties, respecting others’ opinions, and reintegrating into the school community.

Essential to the implementation of restorative justice practices is helping students who have engaged in unacceptable behavior to:

  • Understand why the behavior is unacceptable and the harm it caused;
  • Understand what could have been done differently in the same situation;
  • Take responsibility for their actions;
  • Make reparations and or restitution to repair the harm done;
  • Be given the opportunity to learn pro-social strategies/skills to use in the future; and
  • Understand the progression of more increasingly punitive consequences may be imposed if the behavior reoccurs.

While there may be more traditional punishments in conjunction with teaching behavior expectations and treating disciplinary matters as teachable moments, this is can be a more effective approach than merely reacting to specific events unless student behaviors pose an immediate or ongoing threat to the safety of other students and staff.

The Board authorizes staff and administration to utilize restorative justice practices where appropriate in addressing student disciplinary issues.

In the application of restorative principles, the process is always voluntary for the students. Any parent/guardian (or student over the age of 18) can request to go to the traditional disciplinary route and not participate in the restorative process. This may happen at any time during the process, or if a student is unwilling to accept responsibility for their actions and is not demonstrating willingness to make amends.

Consequences, and if needed discipline, are most effective when they deal directly with the problem at the time and place it occurs, and in a way that students view as fair, impartial, and consistent. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.

Consequences and disciplinary action, when necessary, will be firm, fair and consistent so as to be most effective in changing student behavior. In determining the appropriate disciplinary consequence, school personnel authorized to impose disciplinary consequences will consider the following:

1. The student’s age.
2. The nature of the offense and the circumstances which led to the offense.
3. The student’s prior disciplinary record.
4. The effectiveness of other forms of discipline.
5. Information from parents/guardians, teachers and/or others, as appropriate.
6. Other extenuating circumstances.

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter consequence than subsequent violations. However, district staff are empowered to utilize the consequence most reasonably calculated to ensure the student learns from their behavior and engages in more pro-social behavior in the future.

If the conduct of a student is related to a disability or suspected disability, discipline, if warranted, will be administered consistent with the separate requirements of this code of conduct for disciplining students with a disability.

A. Consequences

Practices which allow educators to address disciplinary matters as opportunities for learning instead of punishment are encouraged by the Board rather than a reliance on increasing punitive measures. When choosing interventions and consequences of student’s behavior, teachers, administrators, and staff must balance the district’s dual goals of eliminating school disruptions and maximizing student instruction time.

Students who are found to have demonstrated inappropriate behavior may be subject to the following interventions and consequences, either alone or in combination. The school personnel identified after each consequence are authorized to assign that consequence, consistent with the student’s right to due process.

In conjunction with the list below, administration (with supports from counselors) can employ conflict resolution meetings, restitution to those harmed, and group, classroom, classroom, community, and/or re-entry circle.

The list below will be utilized to determine consequences.

1. Oral warning, teacher/student conference, parent/guardian contact, in-class time out, brief time out of class, loss of classroom privileges – any member of the district staff
2. Written warning – bus drivers, hall and lunch monitors, coaches, school counselors, teachers, Principal, Superintendent
3. Written notification to parent/guardian – bus driver, hall and lunch monitors, coaches, school counselors, teachers, Principal, Superintendent
4. Detention – teachers, Principal, Superintendent
5. Suspension from transportation – Director of Transportation, Principal, Superintendent
6. Suspension from athletic participation – coaches, Athletic Director, Principal, Superintendent
7. Suspension from social or extracurricular activities – Principal, Superintendent
8. Suspension of other privileges – Principal, Superintendent
9. In-school suspension – Principal, Superintendent
10. Removal from classroom by teacher – teachers, Principal
11. Short-term (five days or less) suspension from school – Principal, Superintendent
12. Long-term (more than five days) suspension from school –Superintendent
13. Permanent suspension from school – Superintendent

B. Procedures

School personnel authorized to impose the consequence must inform the student of the alleged inappropriate behavior and must investigate, to the extent necessary, the facts surrounding the alleged misbehavior. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary consequence in connection with the imposition of the consequence.

Students who are to be given consequences other than an oral warning, written warning or written notification to their parents/guardians are entitled to additional rights before the consequence is imposed. These additional rights are explained below.

1. Detention

Teachers, Principals and the Superintendent may use after school detention as a consequence for student misbehavior. Detention will be imposed as a consequence only after the student’s parent/guardian has been notified and the student has appropriate transportation home following detention.

2. Suspension from transportation

If students do not conduct themselves properly on a bus, the bus driver is expected to bring such misbehavior to the Principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the Principal or the Superintendent or their designees.

In such cases, the student’s parent/guardian will become responsible for seeing that their 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/guardian will be provided with a reasonable opportunity for an informal conference with the Principal or the Principal’s designee to discuss the conduct and the consequence involved.

3. Suspension from athletic participation, extra-curricular activities and other privileges

A student subjected to a suspension from athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent/guardian will be provided with a reasonable opportunity for an informal conference with the district official imposing the suspension to discuss the conduct and the consequence involved. A student who is suspended from school (in-school or out-of-school) is prohibited from participating in athletics and extracurricular activities.

4. In-school Suspension/Detention

The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the Board authorizes Principals and the Superintendent to place students who would otherwise be suspended from school as the result of a code of conduct violation in “in-school suspension.”

A student subjected to an in-school suspension/detention is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent/guardian will be provided with a reasonable opportunity for an informal conference with the district official imposing the in-school suspension/detention to discuss the conduct and the consequence involved.

5. Teacher Disciplinary Removal of Disruptive Students

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term “time out” in an elementary classroom or in an administrator’s office; (2) sending a student into the hallway briefly; (3) sending a student to the Principal’s office for the remainder of the class time only; or (4) sending a student to a guidance counselor or other district staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.

Teachers will first use interventions aimed at teaching appropriate and responsible behaviors so students can learn and demonstrate safe and respectful academic, social and emotional behavior. Examples of these include using affective statements, using affective questions, establishing relationships with students, giving positive directives that state expectations, and giving positive and specific feedback etc.

On occasion, a student’s behavior may become more disruptive than a teacher can manage. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only.

If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why they are being removed and an opportunity to explain their version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.

If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why they were removed from the classroom and give the student a chance to present their version of the relevant events within 24-hours.

The teacher must complete a district-established disciplinary removal form and meet with the Principal or designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the Principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the Principal or designee prior to the beginning of classes on the next school day.

Within 24 hours after the student’s removal, the Principal or another district administrator designated by the Principal must notify the student’s parent/guardian, in writing, that the student has been removed from class and why. The notice must also inform the parent/guardian that they have the right, upon request, to meet informally with the Principal or the Principal’s designee to discuss the reasons for the removal.

The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the student’s removal at the last known address for the parent/guardian. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents/guardians.

The Principal may require the teacher who ordered the removal to attend the informal conference.

If at the informal meeting the student denies the charges, the Principal or the Principal’s designee must explain why the student was removed and give the student and the student’s parents/guardians a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent/guardian and Principal.

The Principal or the Principal’s designee may overturn the removal of the student from class if the Principal finds any one of the following:

1. The charges against the student are not supported by substantial evidence.
2. The student’s removal is otherwise in violation of law, including the district’s code of conduct.
3. The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.

The Principal or designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the Principal makes a final determination, or the period of removal expires, whichever is less.

Any disruptive student removed from the classroom by the classroom teacher will be offered continued educational programming and activities until they are permitted to return to the classroom.

Each teacher must keep a complete log (on a district provided form) for all cases of removal of students from their class. The Principal must keep a log of all removals of students from class.

Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from class until they have verified with the Principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.

6. Suspension from School

Suspensions will be limited to students who pose an immediate or ongoing threat to oneself or others or are repeatedly substantially disruptive.

Suspension from school is a severe consequence, which may be imposed only upon students who are severely insubordinate, disorderly, violent, or severely disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.

Suspensions will be used to the minimum degree necessary to promote improve student behavior and maximize student attendance.

Any staff member may recommend to the Superintendent or the Principal that a student be suspended. All staff members must immediately report and refer a violent student to the Principal or the Superintendent for a violation of the code of conduct. All recommendations and referrals will be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension. The Superintendent or Principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, will gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

a. Short term (five days or less) Suspension from School

When the Superintendent or Principal (referred to as the “suspending authority”) proposes to suspend a student charged with misbehavior for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. If the student denies the misbehavior the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents/guardians in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents/guardians. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents/guardians.

The notice will provide a description of the charges against the student and the incident for which suspension is proposed and will inform the parents/guardians of the right to request an immediate informal conference with the Principal. Every effort will be made to provide both the notice and informal conference will be in the dominant language or mode of communication used by the parents/guardians. At the conference, the parents/guardians will be permitted to ask questions of complaining witnesses under such procedures as the Principal may establish.

The notice and opportunity for an informal conference will take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference will take place as soon after the suspension as is reasonably practicable.

After the conference, the Principal will promptly advise the parents/guardians in writing of the decision. The Principal will advise the parents/guardians that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the Superintendent within ten (10) business days, unless they can show extraordinary circumstances precluding them from doing so. The Superintendent will issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents/guardians are not satisfied with the Superintendent’s decision, they must file a written appeal to the Board of education with the District Clerk within 10 business days of the date of the Superintendent’s decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.

b. Long term (more than five days) Suspension from School

When the Superintendent determines that a suspension for more than five days may be warranted, they must give reasonable notice to the student and the student’s parents/guardians of their right to a fair hearing. At the hearing the student will have the right to be represented by counsel, the right to question witnesses against them and the right to present witnesses and other evidence on their behalf.

The Superintendent will personally hear and determine the proceeding or may, in their discretion, designate a hearing officer to conduct the hearing. The hearing officer will be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before them. A record of the hearing will be maintained, but no stenographic transcript will be required. A tape recording will be deemed a satisfactory record. The hearing officer will make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer will be advisory only, and the Superintendent may accept all or any part thereof.

An appeal of the decision of the Superintendent may be made to the Board, which will make its decision based solely upon the record before it. All appeals to the Board must be in writing and submitted to the district clerk within thirty (30) days of the date of the Superintendent’s decision, unless the parents/guardians can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the Superintendent. Final decisions of the Board may be appealed to the Commissioner of Education within 30 days of the decision.

c. Permanent suspension

Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a life-threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function.

d. Procedure After Suspension

The Superintendent may condition a student’s early return from a suspension on the student’s voluntary participation in restorative conference, reentry circles, counseling or specialized classes, such as anger management or dispute resolution. The Superintendent retains discretion in offering this opportunity. If and when the student and/or parent/guardian agrees to this option, the terms and conditions will be specified in writing. However, if the student violates the agreed-upon terms and conditions within a certain time period, the unserved portion of the suspension may be re-imposed.

C. Minimum Periods of Suspension

1. Students who bring or possess certain weapons on school property

Any student, other than a student with a disability, found guilty of bringing a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death onto school property will be subject to suspension from school for at least one calendar year. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The Superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the following:

a. The student’s age.
b. The student’s grade in school.
c. The student’s prior disciplinary record.
d. The Superintendent’s belief that other forms of discipline may be more effective.
e. Input from parents/guardians, teachers and/or others.
f. Other extenuating circumstances.

A student with a disability may be suspended in accordance with the requirements of state and federal law.

2. Students who commit violent acts other than bringing or possessing certain weapons on school property

Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death onto school property, will be subject to suspension from school for at least one day. If the proposed consequence is the minimum one-day suspension, the student and the student’s parent/guardian will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed consequence exceeds five-day suspension, the student and the student’s parent/guardian will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the minimum one-day suspension on a case-by-case basis. In deciding whether to modify the consequence the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

3. Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interferes with the teacher’s authority over the classroom.

Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least one day. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law § 3214 (3-a) and this code on four or more occasions during a semester. If the proposed consequence is the minimum one-day suspension, the student and the student’s parent/guardian will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed consequence exceeds a five-day suspension, the student and the student’s parent/guardian will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the minimum one-day suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

D. Referrals

1. Counseling

The Counseling Center will handle all referrals of students to counseling.

2. PINS Petitions

The district may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that they require supervision and treatment by:

a. Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.
b. Being ungovernable, or habitually disobedient and beyond the lawful control of the school.
c. Engaging in prostitution in violation of Penal Law §230.00 (engaging or agreeing or offering to engage in sexual conduct with another person in return for a fee); or
d. Appearing to be a sexually exploited child under Social Services Law §447- a(1)(a), (c), or (d), but the student must consent to filing the PINS petition.

For items ‘a’ and ‘b’ above, when filing the petition, the district must describe the diversion efforts it has undertaken or services provided to the student, and the grounds for concluding the allegations cannot be resolved without the petition.

3. Juvenile Delinquents and Juvenile Offenders

For students found to have brought either a weapon (defined in 18 USC §930(g)(2) or firearm (defined in 18 USC §921), the Superintendent is required to make the following referrals:

a. To the County Attorney for a juvenile delinquency proceeding before the Family Court:

All students under age 16, except student age 14 or 15 who qualify for juvenile offender status under the Criminal Procedure Law 1.20(42).

b. To the appropriate law enforcement authorities:

All students age 16 or older, and all student age 14 or 15 who qualify for juvenile offender status under Criminal Procedure Law 1.20(42).

As a reminder, a dangerous weapon under 18 USC §930(g)(2) is: any weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except for a pocket knife with a blade less than 2½ inches long. A firearm under 18 USC §921 is: any weapon which will, or is designed to, or may readily be converted to expel a projectile by an explosive; or the frame or receiver of such weapon, or any firearm muffler or silencer; or any destructive device (e.g., bomb, grenade, rocket missile, mine, etc.); however, this does not include antique firearms (e.g., those from 1898 or prior, or certain replicas).

The district may take other actions to assist students in managing their behavior, including referrals to or partnerships with community resources.

Ref: Education Law §3214
8 NYCRR §100.2(l)
Matter of O’Conner v. Bd. of Ed., 65 Misc. 2d 40, 43 (due process)
Appeal of Reeves, Dec. No. 13,857 (1998) (involuntary transfer)
Appeal of Alexander, 36 EDR 160 (1996) (counseling)
Matter of Troy R., 29 EDR 424 (1990) (automatic penalties)
Appeal of Ward, 27 EDR 217 (1988) (indefinite suspension)
Appeal of Wood, 27 EDR 92 (1987) (suspension beyond school year)
Matter of Clark, 21 EDR 542 (1982) (extracurricular activities)
Matter of Caskey, 21 EDR 138 (1981) (reduction in grade)
Matter of MacWhinnie, 20 EDR 145 (1980) (reduction in grade)
Matter of Labriola, 20 EDR 74 (1980) (excessive penalty)
Matter of Roach, 19 EDR 377 (1980) (transportation; contingent suspensions)
Matter of Caulfield, 18 EDR 574 (1979) (suspension from classes)
Matter of Wright, 18 EDR 432 (1978) (formal due process)
Matter of Macheski, 13 EDR 112 (1973) (suspension by a principal)
Matter of DeVore, 11 EDR 296 (1972) (insufficient basis for discipline)
Matter of Port, 9 EDR 107 (1970) (informal due process)

Adopted: August 9, 2022

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5300.45 Alternative Instruction

When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the district will take immediate steps to provide alternative means of instruction for the student. The Board of Education expects students, administrators, teachers and parents/guardians to make every effort to maintain student academic progress in the event of removal or suspension, and support student re-entry to the classroom at the conclusion of the disciplinary action.

Cross-ref: 5313.3 Student Suspension

Adopted November 5, 2014
Reviewed, Adopted August 9, 2022

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5300.50 Discipline of Students with Disabilities

The Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities who violate the district’s student code of conduct, and/or to temporarily remove a student with disabilities from their current placement because maintaining the student in that placement is substantially likely to result in injury to the student or to others. The Board expects that this will be a sparingly used option and staff will strive to employ restorative justice practices as long as the student with disabilities is able to meaningfully participate in the process and such practices are allowable under their IEP.

The Board also recognizes that students with disabilities deemed eligible for special education services under the IDEA and Article 89 of New York’s Education Law enjoy certain procedural protections that school authorities must observe when they decide to suspend or remove them. Under certain conditions those protections extend, as well, to students not currently deemed to be a student with a disability but determined to be a student presumed to have a disability for discipline purposes.

Therefore, the Board is committed to ensuring that the district follows suspension and removal procedures that are consistent with those protections. The code of conduct for students is intended to afford students with disabilities and students presumed to have a disability for discipline purposes the express rights they enjoy under applicable law and regulations.

Definitions

For purposes of this portion of the code of conduct, and consistent with applicable law and regulations, the following definitions will apply:

1. Behavioral intervention plan (BIP) means a plan that is based on the results of a functional behavioral assessment and that, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs, and intervention strategies that include positive behavioral supports and services to address the behavior.
2. Controlled substance means a drug or other substance abuse identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 USC § 812(c)).
3. Disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:

a. For more than 10 consecutive school days; or
b. For a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year, because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and because of such additional factors as the length of each suspension or removal, the total amount of time the student has been removed and the proximity of the suspensions or removals to one another.

4. Illegal drug means a controlled substance, but does not include a controlled substance legally possessed or used under the supervision of a licensed health-care professional, or a substance that is otherwise legally possessed or used under the authority of the Controlled Substances Act or under any other provision of federal law.
5. Interim alternative educational setting (IAES) means a temporary educational placement, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred. An IAES must allow a student to continue to receive educational services that enable them to continue to participate in the general curriculum and progress toward meeting the goals set out in the student’s individualized education program; as well as to receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.
6. Manifestation review means a review of the relationship between the student’s disability and the behavior subject to disciplinary action required when the disciplinary action results in a disciplinary change of placement, and conducted in accordance with requirements set forth later in this policy.
7. Manifestation team means a district representative knowledgeable about the student and the interpretation of information about child behavior, the parent/guardian, and relevant members of the committee on special education as determined by the parent/guardian and the district.
8. Removal means a removal of a student with a disability for disciplinary reasons from their current educational placement, other than a suspension; and a change in the placement of a student with a disability to an IAES.
9. School day means any day, including a partial day, that students are in attendance at school for instructional purposes.
10. Serious bodily injury means bodily injury which involves a substantial risk of death, extreme physical pain, protracted obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
11. Student presumed to have a disability for discipline purposes means a student who, under the conditions set forth later in this policy, the district is deemed to have had knowledge was a student with a disability before the behavior that precipitated the disciplinary action.
12. Suspension means a suspension pursuant to §3214 of New York’s Education Law.
13. Weapon means the same as the term “dangerous weapon” under 18 USC §930(g)(2) which includes a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except a pocket knife with a blade of less than two and one-half inches in length.

Authority of School Personnel to Suspend or Remove Students with Disabilities

The Board, District Superintendent, Superintendent of Schools or a Building Principal with authority to suspend students under the Education Law may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days.

The Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed ten consecutive school days inclusive of any period in which the student has been suspended or removed for the same behavior pursuant to the above paragraph, if the Superintendent determines that the student’s behavior warrants the suspension.

The Superintendent also may order additional suspensions of not more than ten consecutive school days in the same school year for separate incidents of misbehavior, as long as the suspensions do not constitute a disciplinary change of placement.

In addition, the Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for a period in excess of ten consecutive school days if the manifestation team determines that the student’s behavior was not a manifestation of the student’s disability. In such an instance, the Superintendent may discipline the student in the same manner and for the same duration as a non-disabled student.

Furthermore, the Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability to an IAES to be determined by the committee on special education for a period of up to 45 school days if the student either:

1. Carries or possesses a weapon to or at school, on school premises or to a school function, or
2. Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function under the district’s jurisdiction, or
3. Has inflicted serious bodily injury upon another person while at school, on school premises or at a school function under the district’s jurisdiction.

The Superintendent may order the placement of a student with a disability to an IAES under such circumstances, whether or not the student’s behavior is a manifestation of the student’s disability. However, the committee on special education will determine the IAES.

Procedures for the Suspension or Removal of Students with Disabilities by School Personnel

1. In cases involving the suspension or removal of a student with a disability for a period of five consecutive school days or less, the student’s parents/guardians or persons in parental relation to the student will be notified of the suspension and given an opportunity for an informal conference in accordance with the same procedures that apply to such short term suspensions of non-disabled students.
2. The suspension of students with disabilities for a period in excess of five school days will be subject to the same due process procedures applicable to non-disabled students, except that the student disciplinary hearing conducted by the Superintendent or a designated hearing officer will be bifurcated into a guilt phase and a penalty phase. Upon a finding of guilt, the Superintendent or the designated hearing officer will await notification of the determination by the manifestation team as to whether the student’s behavior was a manifestation of their disability. The penalty phase of the hearing may proceed after receipt of that notification. If the manifestation team determined that the behavior was not a manifestation of the student’s disability, the student may be disciplined in the same manner as a non-disabled student, except that they will continue to receive services as set forth below. However, if the behavior was deemed a manifestation of the student’s disability, the hearing will be dismissed, unless the behavior involved weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, in which case the student may still be placed in an IAES.

Limitation on Authority of School Personnel to Suspend or Remove Students with Disabilities

The imposition of a suspension or removal by authorized school personnel may not result in a disciplinary change of placement of a student with a disability that is based on a pattern of suspensions or removals as set forth above in the Definitions section of this policy, unless:

1. The manifestation team determines that the student’s behavior was not a manifestation of the student’s disability, or
2. The student is removed to an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury as set forth above.

School personnel will consider any unique circumstances on a case-by-case basis when determining whether a disciplinary change in placement is appropriate for a student with a disability who violates the district’s code of conduct.

In addition, school personnel may not suspend or remove a student with a disability in excess of the amount of time that a non-disabled student would be suspended for the same behavior.

Parental Notification of a Disciplinary Change of Placement

The district will provide the parents/guardians of a student with a disability notice of any decision to make a removal that constitutes a disciplinary change of placement because of a violation of the student code of conduct. Such notice will be accompanied by a copy of the procedural safeguards notice.

Authority of an Impartial Hearing Officer to Remove a Student with a Disability

An impartial hearing officer may order the placement of a student with a disability to an IAES for up to 45 school days at a time if they determine that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. This authority applies whether or not the student’s behavior is a manifestation of the student’s disability.

Manifestation Review

A review of the relationship between a student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the student’s disability will be made by the manifestation team immediately, if possible, but in no case later than 10 school days after a decision is made by:

1. The Superintendent to change the placement of a student to an IAES;
2. An impartial hearing officer to place a student in an IAES; or
3. The Superintendent, or Building Principal to impose a suspension that constitutes a disciplinary change in placement.

The manifestation team must determine that the student’s conduct was a manifestation of the student’s disability if it concludes that the conduct in question was either:

1. Caused by or had a direct or substantial relationship to the student’s disability, or
2. The direct result of the district’s failure to implement the student’s individualized education program.

The manifestation team must base its determination on a review all relevant information in the student’s file including the student’s individualized education program, any teacher observations, and any relevant information provided by the parents/guardians.

If the manifestation team determines that the student’s conduct is a manifestation of the student’s disability, the district will:

1. Have the committee on special education conduct a functional behavioral assessment of the student and implement a behavioral intervention plan, unless the district had already done so prior to the behavior that resulted in the disciplinary change of placement occurred. However, if the student already has a behavioral intervention plan, the CSE will review the plan and its implementation, and modify it as necessary to address the behavior.

2. Return the student to the placement from which they were removed, unless the change in placement was to an IAES for conduct involving weapons, illegal drugs or controlled substances or the infliction of serious bodily injury, or the parents/guardians and the district agree to a change in placement as part of the modification of the behavioral intervention plan.

If the manifestation team determines that the conduct in question was the direct result of the district’s failure to implement the student’s individualized education program, the district will take immediate steps to remedy those deficiencies.

Services for Students with Disabilities during Periods of Suspension or Removal

Students with disabilities who are suspended or removed from their current educational setting in accordance with the provisions of this policy and applicable law and regulation will continue to receive services as follows:

1. During suspensions or removals of up to 10 school days in a school year that do not constitute a disciplinary change in placement, the district will provide alternative instruction to students with disabilities of compulsory attendance age on the same basis as non-disabled students. Students with disabilities who are not of compulsory attendance age will receive services during such periods of suspension or removal only to the same extent as non-disabled students of the same age would if similarly suspended.

2. During subsequent suspensions or removals of up to 10 school days that in the aggregate total more than 10 school days in a school year but do not constitute a disciplinary change in placement, the district will provide students with disabilities services necessary to enable them to continue to participate in the general education curriculum and to progress toward meeting the goals set out in their respective individualized education program. School personnel, in consultation with at least one of the student’s teachers, will determine the extent to which services are needed to comply with this requirement.

In addition, during such periods of suspension or removal the district will also provide students with disabilities services necessary for them to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.

3. During suspensions or removals in excess of 10 school days in a school year that constitute a disciplinary change in placement, including placement in an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, the district will provide students with disabilities services necessary to enable them to continue to participate in the general curriculum, to progress toward meeting the goals set out in their respective individualized education program, and to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so it does not recur.

In such an instance, the committee on special education will determine the appropriate services to be provided.

Students Presumed to Have a Disability for Discipline Purposes

The parent/guardian of a student who is facing disciplinary action but who was not identified as a student with a disability at the time of misbehaviors has the right to invoke any of the protections set forth in this policy in accordance with applicable law and regulations, if the district is deemed to have had knowledge that the student was a student with a disability before the behavior precipitating disciplinary action occurred and the student is therefore a student presumed to have a disability for discipline purposes.

If it is claimed that the district had such knowledge, it will be the responsibility of the Superintendent, Building Principal or other authorized school official imposing the suspension or removal in question for determining whether the student is a student presumed to have a disability for discipline purposes. The district will be deemed to have had such knowledge if:

1. The student’s parent/guardian expressed concern in writing to supervisory or administrative personnel, or to a teacher of the student that the student is in need of special education. Such expression may be oral if the parent/guardian does not know how to write or has a disability that prevents a written statement; or
2. The student’s parent/guardian has requested an evaluation of the student; or
3. A teacher of the student or other school personnel has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the district’s director of special education or other supervisory personnel.

Nonetheless, a student will not be considered a student presumed to have a disability for discipline purposes if notwithstanding the district’s receipt of information supporting a claim that it had knowledge the student has a disability.

1. The student’s parent/guardian has not allowed an evaluation of the student; or
2. The student’s parent/guardian has refused services; or
3. The District conducted an evaluation of the student and determined that the student is not a student with a disability.

If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors. However, if the district receives a request for an individual evaluation while the student is subjected to a disciplinary removal, the district will conduct an expedited evaluation of the student in accordance with applicable law and regulations. Until the expedited evaluation is completed, the student will remain in the educational placement determined by the district which can include suspension.

Expedited Due Process Hearings

The district will arrange for an expedited due process hearing upon receipt of or filing of a due process complaint notice for such a hearing by:

1. The district to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in their current educational placement;
2. The district during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in their current educational placement during such proceedings;
3. The student’s parent/guardian regarding a determination that the student’s behavior was not a manifestation of the student’s disability; or
4. The student’s parent/guardian relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

The district will arrange an impartial hearing officer to conduct, an expedited due process hearing in accordance with the procedures established in Commissioner’s regulations. Those procedures include but are not limited to convening a resolution meeting, and initiating and completing the hearing within the timelines specified in those regulations.

When an expedited due process hearing has been requested because of a disciplinary change in placement, a manifestation determination, or because the district believes that maintaining the student in the current placement is likely to result in injury to the student or others, the student will remain in the IAES pending the decision of the impartial hearing officer or until the expiration of the period of removal, whichever occurs first unless the student’s parent/guardian and the district agree otherwise.

Referral to Law Enforcement and Judicial Authorities

Consistent with its authority under applicable law and regulations, the district will report a crime committed by a student with a disability to appropriate law enforcement and judicial authorities. In such an instance, the Superintendent will ensure that copies of the special education and disciplinary records of the student are transmitted for consideration to the appropriate authorities to whom the crime is reported, to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA).

Adopted: August 9, 2022

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5300.55 Corporal Punishment

Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden.
Corporal punishment does not include the use of physical restraint to protect the student, another student, teacher or any other person from physical injury, when alternative procedures and methods not involving the use of physical restraint cannot reasonably be employed to achieve these purposes.
Physical restraint will not be used to prevent property damage, except in situations where there is imminent danger of serious physical harm to the student or others, and the student has not responded to positive, proactive intervention strategies.
The authorized use of timeout and physical restraint is addressed in policy 4321.12 and regulation 4321.12-R.
The district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner’s regulations.
Cross-ref:
4321.12, Timeout and Physical Restraint (All Students)
Ref: 8 NYCRR §100.2(l)(3)(i)
Rules of the Board of Regents §19.5
Adoption date: January 9, 2018
Adopted: August 9, 2022
Revised, Adopted January 16, 2024

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5300.60 Student Searches and Interrogations

The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent/guardian before questioning the student. However, school officials will tell all students why they are being questioned. Parents/guardians will be notified after a search is conducted, regardless of the outcome.

The Board authorizes the Superintendent of Schools, Building Principals, the school nurse and district security officials to conduct searches of students and their belongings, in most instances, with exceptions set forth below in A. and B., if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the district code of conduct.

An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.

An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant. Individuals, other than the district employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that they possess physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.

Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.

A. Student Lockers, Desks and other School Storage Places

The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.

B. Strip Searches

A strip search is a search that requires a student to remove any or all of their clothing, other than an outer coat or jacket. Strip searches by school officials are strictly prohibited, unless the school official believes there is an emergency situation that poses an immediate threat to the safety of the student or others.

Strip searches may only be conducted by an authorized school official of the same sex as the student being searched and in the presence of another district professional employee who is also of the same sex as the student.

School officials will attempt to notify the student’s parent/guardian by telephone before conducting a strip search, or in writing after the fact if the parent/guardian could not be reached by telephone.

C. Treatment of Cell Phones

Teachers and administrators are authorized to confiscate student cell phones that are being used in violation of the code of conduct and/or policy 5695, Student Use of Electronic Devices. Teachers and administrators are permitted to look at the screen of the cell phone and
can request the student’s cooperation to search the cell phone further. Without a student’s permission, teachers and administrators should not undertake a more extensive search until conferring with the Superintendent or school attorney for guidance.

D. Documentation of Searches

The Principal or the Principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The Principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the item is turned over to the police. The Principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.

E. Police Involvement in Searches and Interrogations of Students

District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

1. A search or an arrest warrant; or
2. Probable cause to believe a crime has been committed on school property or at a school function.

Before police officials are permitted to question or search any student, the Principal or designee shall first try to notify the student’s parent/guardian to give the parent/guardian the opportunity to be present during the police questioning or search. If the student’s parent/guardian cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted, unless the student is 16 years of age or older. The Principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:

1. They must be informed of their legal rights.
2. They may remain silent if they so desire.
3. They may request the presence of an attorney.

Cross-ref: 5695, Students and Personal Electronic Devices

Ref: Safford Unified School District #1 et al. v. Redding, 129 S. Ct. 2633 (2009)
Vassallo v. Lando, 591 F.Supp.2d 172 (E.D.N.Y. (2008)
Phaneuf v. Fraikin 448 F.3rd 591 (2006)
New Jersey v. TLO, 469 U.S. 325 (1985)
In re Gregory, 82 N.Y.2d 588 (1993)
People v. Scott D., 34 N.Y.2d 483 (1974)
People v. Singletary, 37 N.Y.2d 310 (1975))
People v. Overton, 20 N.Y.2d 360 (1969)
M.M. v. Anker, 607 F.2d 588 (2d Cir. 1979)
Opinion of Counsel, 1 EDR 800 (1959)

Adopted January 19, 2016
Revised, Adopted August 9, 2022

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5300.60-R Searches and Interrogations Regulation (was 5330-R)

  1. Pursuant to Board policy, students may be subject to searches of their possessions where reasonable individualized suspicion exists to conduct such search.
  2. Searches may be conducted by the Superintendent of Schools, a Building Principal, Assistant or House Principals and always in the presence of another staff member.
  3. A search based upon the reasonable belief that the health or safety of those in our schools is seriously and immediately threatened may be conducted with as much speed as is required to protect persons and property.
  4. The request for a search of a student’s possessions shall be directed to the Building Principal or Assistant or House Principal, who shall attempt to obtain a voluntary admission from the student of possession of the illegal matter or matter which otherwise constitutes a threat.
  5. In the event that a voluntary admission is not forthcoming, and the administrator still believes there is reasonable cause, they shall attempt to obtain voluntary consent to the search.
  6. Whenever practical, the student should be present when their possessions are being searched.
  7. School officials are not authorized to conduct intrusive searches (i.e., a search which requires a staff member to touch a student’s person, or a search which requires a student to remove any or all clothing, with the exception of a search of outer coats and jackets).
  8. School officials will attempt to notify parents/guardians by telephone in the event that a search has been initiated.
  9. When in the judgment of the authorized administrator, there is probable cause to believe that students and/or staff are threatened, and the suspected student(s) will not cooperate, the authorized administrator shall notify public safety officials to conduct an investigation within the limits of the law.
  10. The authorized administrator shall be responsible for the custody, control and disposition of any illegal or dangerous matter taken from a student. They will remain in control of such substance or objects unless the same are delivered to police authorities whereupon it shall be the responsibility of said authorized administrator to personally deliver such matter to police authorities.
  11. Students have no reasonable expectation of privacy rights in school lockers, desks or other school storage places, and the school exercises overriding control over such school property. In addition, personal vehicles on school property may be searched upon reasonable suspicion of a violation of the code of conduct. Through the student handbook, the Building Principal shall give notice to all students that lockers, desks and other school storage places may be subject to inspection at any time by school officials.
  12. No police officer may enter the schools of the district for the purposes of interrogating, searching or conducting formal investigations of students unless possessing a warrant for arrest or search, or unless a crime has been committed or is being committed on school property.
  13. No police officer shall be allowed to perform a student search unless authorized by a search warrant or upon demonstrating probable cause to establish that the commission of an illegal act is occurring on school premises. In the case of a police officer presenting a search warrant, the authorized administrator shall first attempt to inform the parent or guardian of the police demand to search in order to afford the parent or guardian an opportunity to be present at the search. In the event that the parent or guardian cannot be contacted prior to a police search, the parent or guardian shall be informed of the search in writing by the authorized administrator as soon thereafter as is practical.
  14.  When police have properly entered the school and desire to interrogate a student, the authorized administrator shall first attempt to notify the parent or guardian of the student involved by telephone prior to any such interrogation or by telephone or in writing after the fact if the parent or guardian could not be reached beforehand. If possible, the student’s parent or guardian should be present. An appropriate staff member as designated by the authorized administrator, shall also be present during any interrogation of a student by police on school property.
  15. An involved student and/or their parent/guardian who feels that the above regulations have been abridged or that the application was overly zealous may submit a written complaint which states the particulars to the Office of the Superintendent of Schools. The Superintendent or designee shall conduct an investigation, render a statement of findings, and shall take appropriate action if warranted.

Factors

The following factors should be considered in order to determine whether reasonable individualized suspicion exists with regard to a search of a student’s possessions:

1. Eyewitness accounts

Note: by whom
date/time
place
detailed description of events/items witnessed

2. Information from a reliable source

Note: from whom
time received
how information was received
who received information
complete summary of information

3. Suspicious behavior: describe behavior and explain suspicions

Note: Regulation added

Reviewed October 5, 1999
Reviewed December 13, 2011
(Policy # changed 2015-16 Year from 5330-R)
Revised, Reviewed: August 9, 2022

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5300.65 Visitors to the Schools

The Board recognizes that the success of the school program depends, in part, on support by the larger community. The Board wishes to foster a positive climate where members of the community have the opportunity to observe the hard work and accomplishments of the student, teachers and other staff. Since schools are a place of work and learning, however, certain limits must be set for such visits. The Principal or designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:

  1. Anyone who is not an employee or student of the school will be considered a visitor.
  2. All visitors to the school must enter through the designated single point of entry, present government issued photo identification, sign the visitor’s register and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge to the Principal’s office before leaving the building.
  3. Visitors attending school functions that are open to the public after regular school hours, such as parent-teacher organization meetings or public gatherings, are not required to register.
  4. Parents/guardians or citizens who wish to observe a classroom or school activity while school is in session are required to arrange such visits in advance with the classroom teacher(s) and Building Principal, so that class disruption is kept to a minimum.
  5. Teachers should not take class time to discuss individual matters with visitors.
  6. Any unauthorized person on school property will be reported to the Principal or designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.
  7. Student visitors from other schools or past students, unless they have a specific reason and prior approval of the building principal or an appropriate administrator, shall not be admitted to the building.
  8. New students accompanied by their parents/guardians are always welcome to visit the main office (K-5) or guidance office (6-12) for information, once the central registration process has been completed.
  9. All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.

Cross Ref.: 1500, Public Use of School Facilities
2110-R, School Board Powers and Duties Regulation
5300.70, Public Conduct on School Property
5450.1, Notification of Release of Sex Offenders
Education Law §10-18 (The Dignity for All Students Act)

Revised and Adopted May 7, 2013
Revised November 4, 2015
Revised and Adopted August 9, 2022

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5300.65-R Visitors Policy Regulation

In an effort to promote effective communication between the citizens of the community and the school system, the Board of Education encourages parents and other citizens to visit their schools periodically during the course of the school year when school is in session. At all times, the principal or designee is authorized to take any action necessary to secure the safety of students, school personnel and visitors. Unauthorized visitors or individuals who interfere with the learning environment and are disruptive shall be requested to leave school premises immediately, and will be subject to arrest and prosecution pursuant to the New York State Penal Law, if they refuse.

Visitors to the schools of the district shall be governed by the following rules at the time when students are in attendance:

1. For security purposes, the district maintains a single point of entry for each school building and as such, visitors to our schools must use the designated entrance. All other building entrance doors shall be locked.

2. Upon entering any school building, all visitors shall report to the designated reception area for the purpose of completing the necessary sign-in procedures. The primary function of the receptionist is to greet visitors, maintain school sign-in and sign-out procedures, and check identification. If any visitor does not follow established procedures as outlined in this regulation, the main office shall be alerted immediately.

3. Upon completion of the sign-in procedures, each visitor will be issued a Visitor’s Badge.

4. Once issued, the Visitor’s Badge must be displayed at all times.

5. For special events during the school day, alternative procedures may be enacted for issuing visitor badges. Registration shall not be required for school functions open to the public beyond the regular school day, whether or not school-related.

6. Parents/guardians wishing to speak with a specific teacher concerning the progress of a child must first make an appointment with the teacher. In addition, parents/guardians are encouraged to visit counselors, school nurses, school psychologists and other support personnel, by appointment, in order to discuss any problems or concerns the parent/guardian may have regarding their child, whether or not school-related.

7. All Guilderland Central School District employees are required to display conspicuously their identification badges during work hours while in any school building.

8. In order to protect students, staff, and facilities, no unauthorized persons shall be permitted to enter school premises unless they first report to the designated reception area and have a legitimate reason for being there. Any parents/guardians, visitors, or members of the public noticed at any time during school hours without a Visitor’s Badge or District ID should be reported immediately to the principal or Main Office.

9. The principal or designee is authorized to take any action necessary to secure the safety of students and school personnel. Unauthorized visitors shall be requested to leave school premises immediately, and will be subject to arrest and prosecution for trespassing, pursuant to the New York State Penal Law, if they refuse.

10. For those potential visitors other than parents/guardians, the principal of the school or designee must be contacted by the person or group wishing to visit, and prior approval must be obtained for the visit.

11. Any visitor wishing to inspect school records or interview students on school premises must comply with all applicable Board policies and administrative regulations.

12. A copy of the Board of Education policy and regulations on Visitors to Schools will be available at the designated reception area and on the district’s website.

Cross-ref: 5300.70, Public Conduct on School Property

Ref: Education Law §§1708; 2801

Reviewed May 11, 1999
Revised February 28, 2006
Revised and Reviewed April 23, 2013
Revised and Reviewed November 4, 2015
Reviewed August 9, 2022

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5300.70 Code of Conduct – Public Conduct on School Property

The district is committed to providing a safe, welcoming, engaging, respectful, orderly environment that is conducive to learning. The district invites the members of the public to join them in the educational process, competitive and artistic events, and other school functions. In order to maintain this kind of an environment, the public must also adhere to the expectations of the district. For purposes of this section of the code, “public” means all persons when on school property or attending a school function including students, parents/guardians, teachers and district personnel.

The expectations for the public’s conduct on school property and at school functions are not intended to limit freedom of speech or peaceful assembly, but to support the conducive learning environment, and maintain order, and prevent infringement on the rights of others.

All persons on school property or attending a school function must conduct themselves in a safe, respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.

A. Prohibited Conduct

No person, either alone or with others, may:

1. Intentionally injure any person or threaten to do so, or endanger the safety of themselves or others.
2. Intentionally damage or destroy school district property or the personal property of a teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
3. Disrupt the orderly conduct of classes, school programs or other school activities.
4. Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.
5. Intimidate, harass or discriminate against any person on the basis of actual or perceived race (including traits historically associated with race, such as hair texture and protective hairstyles like braids, locks, and twists), creed, color, weight, national origin, ethnic group, religion, religious practice, disability/ability, socio-economic status, sex, sexual orientation, or gender (including gender identity and expression).
6. Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.
7. Obstruct the free movement of any person in any place to which this code applies.
8. Violate the traffic laws, parking regulations or other restrictions on vehicles.
9. Possess, consume, sell, offer, manufacture, distribute or exchange alcoholic beverages, controlled or illegal substances or any synthetic versions (whether or not specifically illegal or labeled for human consumption), or be under the influence of either on school property or at a school function.
10. Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the school district.
11. Loiter on or about school property.
12. Gamble on school property or at school functions.
13. Refuse to comply with any reasonable order of identifiable school district officials performing their duties.
14. Willfully incite others to commit any of the acts prohibited by this code.
15. Violate any federal or state statute, local ordinance or Board policy while on school property or while at a school function.
16. Smoke a cigarette, cigar, pipe, electronic cigarette (i.e., vape), or use chewing or smokeless tobacco, or smoke/vape/ingest cannabis or concentrated cannabis (includes cannabis products) or smoking cannabinoid hemp (except for lawful medical cannabis use in compliance with state law and regulation).

B. Consequences

Persons who violate this code will be subject to the following consequences:

1. Visitors: Their authorization, if any, to remain on school grounds or at the school function will be withdrawn and they will be directed to leave the premises. If they refuse to leave, they will be subject to ejection.
2. Students: They will be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements
3. Faculty members: They will be subject to disciplinary action as the facts may warrant in accordance with Education Law § 3020-a or any other legal rights that they may have.
4. Staff members in the classified service of the civil service entitled to the protection of Civil Service Law § 75: They will be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law § 75 or any other legal rights that they may have.
5. Staff members other than those described in subdivisions 3 and 4: They will be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

C. Enforcement

The Principal or designee is responsible for enforcing the conduct required by this code.

When the Principal or designee sees an individual engaged in actions not conducive to achieving the goal of making school a community free of violence intimidation, bullying, harassment, and discrimination, misconduct or otherwise not allowed behaviors, which in their judgment does not pose any immediate threat of injury to persons or property, the Principal or designee will tell the individual that the behavior is not allowed and attempt to persuade the individual to stop. The Principal or designee will also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the undesired behaviors, or if the person’s actions pose an immediate threat of injury to persons or property, the Principal or designee will have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.

The district will initiate disciplinary action against any student or staff member, as appropriate, with the “Consequences” section above. In addition, the district reserves its right to pursue a civil or criminal legal action against any person violating the code.

Note: Replace Policy #1520

Adopted June 5, 2012
Revised, Adopted November 20, 2012
Revised, Adopted: August 9, 2022

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5300.75 Code of Conduct – Dissemination and Review

A. Dissemination of Code of Conduct

The Board will work to ensure that the community is aware of this code of conduct by:

1. Providing copies of an age-appropriate, plain language summary of the code to all students at the beginning of each school year.
2. Providing a plain language summary to all parents/guardians at the beginning of the school year, and thereafter on request.
3. Posting the complete code of conduct on the district’s website.
4. Providing all current teachers and other staff members with a copy of the code as soon as practicable after adoption.
5. Providing all new employees with a copy of the current code of conduct when they are first hired.
6. Making copies of the complete code available for review by students, parents/guardians and other community members.

The Board will authorize professional development for all district staff members to ensure the effective implementation of the code of conduct. The Superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students. On-going professional development will be included in the district’s professional development plan, as needed.

B. Review of Code of Conduct

The Board will review and update the code of conduct as necessary. In conducting the review, the Board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently.

The Board may appoint an advisory committee to assist in reviewing the code and the district’s response to code of conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent/guardian organizations, school safety personnel and other school personnel.

Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents/guardians, students and any other interested party may participate.

The code of conduct and any amendments to it will be filed with the Commissioner of Education, in a manner prescribed by the Commissioner, no later than 30 days after adoption.

Adopted: June 5, 2012
Revised and Adopted: August 9, 2022

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5310 Student Discipline

Social interaction, whether at home, at school, or in the community, cannot be truly beneficial or productive without established norms of personal behavior and consideration. These norms, or rules, are best learned and observed in an atmosphere which promotes understanding and social responsibility even in the context of an authoritative structure. This requires that discipline be consciously taught as a social and personal responsibility rather than merely external control from authority figures.

The Board of Education believes students can reasonably be expected to be responsible for their own behavior. The school administration shall develop and disseminate rules of conduct, focusing on personal safety, personal responsibility for one’s actions and respect for the rights and property of others, to be consistently applied in the classrooms and throughout the school. Students who fail to meet this expected degree of responsibility and violate school rules may be subject to appropriate disciplinary action, counseling, and more regulated supervision.

Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that is viewed as fair and impartial by the student. Therefore, before seeking outside assistance, the staff member on hand will first attempt to create a change of behavior. When said staff member has made every reasonable effort to bring about positive behavioral change, and has been unsuccessful, the staff member will bring the matter to the attention of the administration. The staff member and an administrator will develop a strategy for dealing with the problem.

Disciplinary action, when necessary, will be firm and fair in order to be most effective in changing behavior. Pursuant to § 100.2 of the Commissioner’s Regulations, such action will be appropriate to the seriousness of the offense. Extreme penalties (See Policy #5313, extreme penalties are defined as those numbered 7-14), will not be assigned without first reviewing the student’s disciplinary records and considering the circumstances which led to the improper behavior.

Early Identification and Resolution of Student Discipline Problems

Teachers, pupil service personnel, administrators and other staff will report students to the building administrator or designee when they believe such students present a discipline problem. The building administrator or designee will conduct an investigation of the reports, which may include conferences with the complainant, student, parents, teachers, other pupil service personnel or others, as they deem appropriate for the early identification and resolution of the suspected problem. If the administrator suspects that the problem may be a manifestation of a disability, the matter will be referred to the School Based Study Team. Should the determination of the School Based Study Team be that the behavior is a manifestation of a disability, the matter will be referred to the Committee on Special Education (CSE) in the manner prescribed by § 200.4 of the Commissioner’s Regulations and by district policy.

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

Discipline Policy for Students with Disabilities

The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities are afforded certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending, removing or otherwise disciplining students with disabilities are consistent with the procedural safeguards required by applicable laws and regulations.

Inservice Programs for Staff

The Superintendent of Schools shall solicit the recommendations of the teaching staff and administrators regarding inservice programs pertaining to the management, discipline, and social/emotional health of students. Within budget constraints and needs, the Board will sponsor such programs.

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

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

Cross-ref: 5300.15, Code of Conduct – Student Rights and Responsibilities
5035, Student Complaint and Grievances
5313, Penalties
Professional Development Plan

Ref: Education Law §§2801; 3214
8 NYCRR §100.2(l)1, 2

Adopted February 8, 2000
Revised, Adopted June 17, 2014
Revised, Adopted December 7, 2021

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5312.2 Dangerous Weapons in School

With the sole exception of authorized law enforcement, no student or adult shall have in their possession upon school premises any rifle, shotgun, pistol, revolver, other firearm, knives, dangerous chemicals, explosives, or any object which is a firearm as defined in 18 USC § 921 for purposes of the Gun-Free Schools Act. Also prohibited are other dangerous weapons such as other guns, BB guns, pistols, revolvers, shotguns, rifles, machine guns, disguised guns, daggers, dirks, razors, stilettos, switchblade knives, gravity knives, brass knuckles, sling shots, metal knuckle knives, box cutters, cane swords, electronic dart guns, Kung Fu stars, electronic stun guns, pepper spray or other noxious spray, explosive or incendiary bombs, or other devices, instruments, materials or substances that are designed to cause physical injury or death, and are not necessary for school activities, and which could be used as a weapon.

School premises shall be defined as property held in the name of the school district and/or areas inhabited by staff and students while engaged in activities associated with school district activities such as, but not limited to, field trips, excursions, and athletic contests.

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

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

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

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

Authorized law enforcement officers are the only people permitted on school property to have a weapon in their possession. Persons other than students found to be in possession of a weapon, as defined above, shall be subject to appropriate disciplinary procedures, including but not limited to the criminal justice system, and/or when applicable, laws and regulations governing employee discipline.

Cross-ref: 1500, Public Use of School Facilities
5300.70, Code of Conduct – Public Conduct on School Property
3120, Duties of the Superintendent
4321, Programs for Students with Disabilities
5313.3, Student Suspension
5313.3-R, Student Suspension Regulation
5330, Searches and Interrogations
5330-R, Searches and Interrogations Regulation

Ref: Gun Free Schools Act of 1994, 20 USC §§3351; 8921; 8922
18 USC §921
20 USC §§1400 et seq. (IDEA)
Education Law §3214(3)
Education Law §§4402 et seq. (Article 89)
Honig v. Doe, 108 S. Ct. 592 (1988)
Guidelines Concerning State and Local Responsibilities under the Gun-Free Schools Act of 1994, National School Boards Association, January 19, 1995

Adopted September 14, 1999
Reviewed, Adopted November 17, 2009
Revised, Adopted June 17, 2014
Revised, Adopted December 7, 2021

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5313 Penalties

Depending upon the nature of the violation, the Board of Education stipulates that student discipline be progressive, i.e., a student’s first violation should merit a lighter penalty than subsequent violations. Staff members imposing penalties take into account all other relevant factors in determining the appropriate penalty. The below penalties may be imposed either alone or in combination. In the event that penalties are imposed, staff members will make reasonable efforts to notify parents or guardians. [Parent(s) or guardian(s) who disagree with the penalty imposed or the process followed by the staff member are accorded redress as outlined in Policy 1400, Public Complaints.]

The range of penalties which may be imposed for violations of the student disciplinary code includes but is not limited to the following:

1. verbal warning
2. written warning
3. written notification to parent(s) or guardian(s)
4. probation
5. reprimand
6. detention
7. suspension from transportation
8. suspension from athletic participation
9. suspension from social or extracurricular activities
10. suspension of other privileges
11. exclusion from a particular class
12. in-school suspension
13. involuntary transfer
14. suspension

Initiation of a Student Disciplinary Proceeding

As a general rule, there shall be an expectation that staff members will inform and solicit the support of a child’s parent(s) or guardian(s) when attempting to bring about positive behavioral change in a student’s conduct. Any staff member, administrator, board member, parent(s) or guardian(s) or other person may report a violation of the Code of Conduct to the Building Principal or designee. They may then make an investigation of the charges as deemed appropriate and institute an informal or disciplinary proceeding, and/or make a referral to the Committee on Special Education, as deemed necessary.

When discipline administered by a staff member does not result in acceptable student behavior, the staff member must inform the Building Principal or designee, who will then take the following action:

1. Initial Referral – conference with Building Principal and staff member(s) concerned.
2. Repeated Referral to Principal – conference with Building Principal, staff member, student and student’s parent/guardian.
3. Suspension – If the severity of the situation warrants, or the student is a habitual offender, the school authorities may suspend the student or students involved, as outlined in policy 5313.3, Student Suspension.

This policy and the Board’s rules and regulations for the maintenance of public order on school property will be publicized and explained by the teaching staff to all students on an annual basis. With the expectation that parents will have an opportunity to review student handbooks which will be available to students annually, the Board requests the continued assistance of parents or guardians in supporting the code. The school district reserves the right to impose penalties for inappropriate student conduct where there is a reasonable belief that the student or parent/guardian(s) should have known the contents of this policy and regulations.

The Board recognizes a student’s right to a Superintendent’s hearing before a suspension from attendance in excess of five days and the right to an appeal of such a suspension to the Board pursuant to Education Law §3214 and Policy 5313.3, Student Suspension.

If a criminal offense such as, but not limited to false fire alarms, vandalism, use and possession of weapons has been committed, the police will be notified.

Alternatives to Penalties

The following are suggested possibilities for alternative courses of action to take when a student’s behavior is in violation of the discipline code:

1. teams of students, staff members, and parents working with disruptive students and frustrated teachers to understand the source of the conflict, the impact of their respective behaviors, and methods of reconciliation and restitution;
2. outside professional help for both students and teachers;
3. alternative educational experiences, programs, and environments for students;
4. class meetings or advisor group discussions on school standards and procedures or on troublesome incidents or particular problems;
5. case conferences involving a student, parent, and all involved or concerned staff members; prescription for future supportive-corrective measures;
6. program and system of rewards for good citizenship;
7. advance planning by staff for containment and handling of potentially difficult situations;
8. group guidance sessions for students with common concerns or problems; and
9. law-related instructional units and elective courses.

Cross-ref: 1400, Public Complaints
5310, Student Discipline
5300.30, Code of Conduct – Prohibited Student Conduct
5313.1, Detention
5313.3, Student Suspension
5314, Corporal Punishment Complaints
5320, Student Conduct on District Provided Transportation

Adopted February 29, 2000
Reviewed, Adopted November 17, 2009
Revised, Adopted June 17, 2014
Revised, Adopted December 7, 2021

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5313.1 Detention

The Guilderland Central School District Board of Education uses detention of students as one method of discipline. A student who violates the student disciplinary code may be kept after school by the school building administrator or any member of the faculty. The Board of Education strongly encourages building administrators and faculty members to work with the student in an attempt to address the root cause of the misbehavior/incident and, when appropriate, work with the student to design remedial and constructive opportunities.

A record of detentions are kept in our student management system. Once a student is assigned detention, the parent or guardian will be notified. Access to transportation will be provided for detention.

Cross-ref: 5300.15 Code of Conduct – Student Rights and Responsibilities
5313, Penalties

Adopted October 19, 1999
Revised and Adopted May 11, 2010
Revised and Adopted June 17, 2014
Revised, Adopted December 7, 2021

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5313.2 In-school Suspension

The Board of Education recognizes the importance of school attendance. Therefore, suspension from school must be viewed as a last resort in dealing with student disciplinary infractions. The Board also recognizes the need to remove students who are behaving in an unsafe or disruptive manner from their regular classroom so that learning can take place.

The Board directs the Superintendent to maintain an in-school suspension program including assurance of appropriate supervision and guidelines associated with its imposition.

Cross-ref: 5313.3, Student Suspension

Ref: Education Law §3214
Matter of Watts, 23 EDR 459 (1984)

Adopted November 16, 1999
Revised and Adopted January 10, 2012
Revised and Adopted December 7, 2021

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5313.2-R In-school Suspension Regulation

Students may be assigned to in-school suspension for a specified period of time. Students may not attend classes during this time unless a special request is made by a teacher and that request is approved by an administrator.

1. At the discretion of the Superintendent of Schools or the building administrator, a student who would otherwise be subject to a suspension from attendance as the result of a disciplinary infraction may be placed on in-school suspension for a period not to exceed five (5) school days.
2. Prior to the imposition of an in-school suspension, the Superintendent or the building administrator shall provide the student with an opportunity to explain the facts and circumstances surrounding the alleged infraction leading to the imposition of an in-school suspension.
3. Upon imposition of an in-school suspension, the student’s parent(s) or guardian shall be notified of the dates of the in-school suspension and a description of the incident(s) which resulted in the in-school suspension. Notification will generally take place before the student begins their assignment.
4. The student’s teachers will be notified in writing that alternative instruction assignments for the period of in-school suspension should be provided to the student and or sent to the in-school suspension room.
5. The suspended student shall report at the beginning of the first scheduled suspension day to the in-school suspension room. The student must come prepared with books and materials necessary to complete alternative instructional assignments.
6. The student will remain in the in-school suspension room during the full school day with appropriate breaks at mid-morning and mid-afternoon. The student is expected to work the entire day.
7. The in-school suspension room will retain an atmosphere of quiet, be conducive to study and have strict rules of behavior.
8. The person responsible for the supervision of students in the in-school suspension room will enforce the rules of behavior in the in-school suspension room and will render tutorial assistance where and when appropriate. If necessary, the subject teacher will be contacted for assistance. The in-school suspension room staff member will also be alert to student behaviors or problems which may require referral to the Committee on Special Education, school psychologist, school counselor, or other professional.
9. Completed assignments will be turned in to the in-school suspension room staff member. Students will be encouraged to attend extra help after school where needed.
10. No more than 15 students will be assigned to one in-school suspension room staff member.
11. A student’s failure to conform to these regulations will result in mandated suspension, extended in-school suspension or out-of-school suspension.

Reviewed November 16, 1999
Reviewed December 13, 2011
Reviewed December 7, 2021

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5313.3 Student Out-of-School Suspension

The Superintendent of Schools will prepare and issue such regulations (consistent with the laws, statutes and regulations of the State of New York) as necessary to establish procedures for the suspension of students.

The Board of Education, the Superintendent and Building Principals will have the power to suspend a student who, in their judgement, is insubordinate or disorderly, or whose conduct endangers the safety, health or welfare of others, or whose physical or mental condition endangers the health, safety or welfare of the student or of others for periods not to exceed five school days. When the building principal contemplates a suspension in excess of five days, an authority which is accorded to the Superintendent/Board of Education, the Superintendent will provide written notification of the suspension to the student’s parent(s) or guardian(s) and will afford the opportunity for a hearing with respect to the basis of such suspension. The notice and hearing will comply with the Education Law and Commissioner’s Regulations as outlined in the related regulation, 5313.3-R.

An out-of-school suspension may not be imposed without notification of a parent or guardian of the student.

A student of compulsory attendance age will be offered alternative instruction in the event that they are suspended from regular instruction.

Out-of-school suspensions will be reported to the Board of Education on a regular basis. At least once annually, a report will be prepared and provided to the Board of Education which anonymizes and disaggregates suspension data by subgroup, in order to identify potential opportunities to improve equity in disciplinary outcomes, if any.

Cross-ref: 5311.3, Student Complaints and Grievances
5313.2, In-School Detention
5500, Student Records

Ref: Education Law §3214

Adopted: March 28, 2000
Adopted: January 10, 2012
Revised, Adopted: December 7, 2021

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5313.3-R Student Suspension Regulation

The following procedural elements are applicable to the initiation and processing of student suspensions. A student who is insubordinate or disorderly, or whose conduct endangers the safety, health or welfare of others, or whose physical or mental condition endangers the health, safety or welfare of himself/herself or of others, may be suspended.
The Board of Education retains its authority for the suspension of students. The Board places the prime responsibility for such suspension(s) with the Superintendent of Schools, and to the Building Principals in cases of suspension for up to five (5) days.
The Building Principal, in processing a case for suspension, shall gather the facts relevant to the matter and shall record them for subsequent presentation, if necessary.
If a suspension of five (5) days or less is determined to be the appropriate form of disciplinary action, the Superintendent/Building Principal shall immediately notify the student, the student’s parent(s) or guardian(s) orally that the student has been suspended from school. If possible, such notice will also be provided by telephone.
Every reasonable effort will be made to provide written notice by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of the notice within twenty-four (24) hours of the suspension at the last known address(es) of the parent(s) or guardian(s).
Both the oral and the written notice shall provide a description of the charges against the student, and the incident(s) which resulted in the suspension and shall inform the parent(s) or guardian(s) of their right to request an immediate informal conference with the Building Principal.
Both the notice and informal conference shall be in the dominant language or mode of communication used by the parent(s) or guardian(s).
At this conference, the parent(s) or guardian(s) shall be permitted to ask questions of complaining witnesses under such procedures as may be established by the Superintendent. After the conference, the Building Principal shall promptly advise the parent(s) or guardian(s) of his/her decision and that they may appeal the decision to the Superintendent.

When in consultation with the Building Principal, the Superintendent agrees that a suspension of at least five (5) days is warranted, he/she shall give reasonable notice to such pupil and the parent(s) or guardian(s) of their right to a fair hearing. At this time the pupil shall have the right of representation by counsel, with the right to question witnesses against him/her and present witnesses and other evidence on his/her behalf. The Superintendent shall personally hear and determine the proceeding or may, in his/her discretion, designate a hearing officer to conduct the hearing. The Superintendent/Hearing Officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him/her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer shall be advisory only, and the Superintendent may accept all or any part thereof. An appeal of the decision of the Superintendent may be made to the Board of Education which will make its decision solely upon the record before it. The Board may adopt in whole or in part the decision of the Superintendent.
For a student who is suspended who is not of compulsory attendance age or otherwise legally entitled to alternative instruction, the Superintendent will consider on a case by case basis, in its complete discretion, whether to offer alternative instruction to that student. Factors such as the student’s academic record, behavior record, and the seriousness of the offense(s) leading to suspension, along with other relevant factors, may be considered by the Superintendent. If alternative instruction is offered, it is incumbent on the student to attend and positively engage in such alternative instruction. Any actions by the student which are a violation of the Student Code of Conduct or otherwise inconsistent with positive participation in alternative instruction may result in the alternative instruction being withdrawn.

Suspension Procedures for Students with Disabilities

With the exception of the five (5) day or less suspension, this regulation does not apply to a student who has been identified as having one or more disabilities. All matters of discipline for students who are known to have or who are suspected of having a disability shall immediately be referred to the Manifestation Team. The Manifestation Team shall determine whether the action causing the suspension is related to the disability(ies). If the determination is that the cause of the suspension is related to the disability(ies), the case will be immediately referred to the CSE for review and modification of such student’s Individualized Education Program (IEP) if appropriate.
The requirement to conduct a manifestation determination occurs only when school officials seek to impose a suspension or removal that constitutes a disciplinary change of placement. A change in placement is a suspension or removal of a student with a disability from his or her educational placement for more than ten consecutive days; or a suspension or removal for a period of ten consecutive days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they add up to more than ten school days in the school year. Conversely, the CSE is not required to conduct a manifestation determination for suspensions or removals of ten days or less in the school year, or for subsequent short-term suspensions or removals (less than ten cumulative days), that do not constitute a pattern of removal.

The CSE must convene a meeting to make a manifestation determination whenever:

  • school officials impose a suspension or removal that constitutes a disciplinary change of placement;
  • the Superintendent of Schools decides to place a student in an interim alternative educational setting (IAES) for behavior involving weapons, illegal drugs or controlled substances; or
  • an impartial hearing officer decides to place a student in an IAES when it has been determined that continuing the student’s placement is substantially likely to result in injury to the student or to others.

If the behavior of a student endangers the health and safety of himself/herself or others, the Superintendent will seek parental consent or, if appropriate, a court order for immediate alternative placement of the student.

Publication

A synopsis of the process and procedures associated with student suspensions will be included in student handbooks which are distributed annually.

Reviewed March 28, 2000
Reviewed December 13, 2011
Revised and Reviewed March 6, 2018

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5314 Corporal Punishment Complaints

The Board of Education asserts that corporal punishment is not a desirable method of enforcing decorum, order or discipline. The Board expressly prohibits the use of corporal punishment by district employees.

1. No teacher, administrator, officer, employee or agent in the district shall use corporal punishment against a student.
2. As used in this section, corporal punishment is defined as the use of physical force for the purpose of punishing a student, except as otherwise provided in subdivision 3.
3. Nothing contained in this section shall be construed to prohibit the use of reasonable physical force for the following purposes:
a. to protect oneself from physical injury;
b. to protect another student or teacher or any other person from physical injury;
c. to protect district property or the property of others;
d. to restrain or remove a student whose behavior is interfering with the orderly exercise and performance of district functions, powers or duties, if that student has refused to comply with a request to refrain from further disruptive acts.

The above exceptions are permissible, provided that alternative procedures and methods not involving the use of physical force cannot reasonably be employed to achieve the same purposes.

Investigation of Complaints

Any complaint about the use of corporal punishment shall be submitted in writing to the Superintendent of Schools. This written complaint will be forwarded to the School Attorney within seven days. The Superintendent shall investigate the complaint to determine whether an incident actually took place, and if so, to determine the identity of the person or persons who administered the punishment, the identity of the student or students punished, reasons for the action and any other relevant facts or circumstances. Results of this investigation will be forwarded to the School Attorney upon completion of the investigation.

Reports to Commissioner of Education

Reports shall be submitted to the Commissioner of Education on or before January 15th and July 15th of each year concerning complaints about the use of corporal punishment during the six-month reporting period. Such reports shall set forth the substance of each complaint, the results of the investigation and the action, if any, by the district.

Adopted December 21, 1999
Reviewed June 22, 2010
Revised, Adopted June 17, 2014

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5320 Student Conduct on District Provided Transportation

In order to ensure the safety of our students and provide the fewest distractions to drivers, the Board of Education believes it is crucial for students to behave appropriately while participating in transportation for school-sponsored activities.

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

Since the school bus may be regarded as an extension of the classroom, children are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Prohibited conduct is defined in Policy 5312-Prohibited Conduct. Students waiting for buses shall conduct themselves properly with respect to the rights and property of others.

If a child does not conduct himself/herself properly on a bus, there is the expectation that such instances will be brought to the attention of the building principal by any member of the school community.

Children who become a serious disciplinary problem may have their riding privileges suspended by the building principal for up to five (5) days. For periods in excess of five (5) days, students’ riding privileges may be suspended by the Superintendent following a Superintendent’s hearing. In such cases, the parent(s) or guardian(s) of the children involved become responsible for seeing that their children get to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the school district will make appropriate arrangements to provide for the student’s education. Any such suspension shall be in accordance with the provisions of the Education Law.

Cross-ref:
5300.30 Code of Conduct – Prohibited Student Conduct
8410, Student Transportation
8410.R, Student Transportation Regulation

Ref:
Education Law §§3214; 3635

Adopted April 11, 2000
Revised June 22, 2010
Reviewed, Adopted June 17, 2014
Revised, Adopted January 26, 2021

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5405 Wellness Policy

Given the documented connection between proper nutrition, adequate physical activity and educational success, the Board of Education adopts the following goals and authorizes the following actions to provide district students with a school environment that promotes student health and wellness and reduces childhood obesity.
For purposes of this policy, “school campus” means all areas of district property accessible to students during the school day; “school day” means the period from the midnight before to 30 minutes after the end of the official school day; and “competitive food” means all food and beverages other than meals reimbursed under federal food programs available for sale to students on the school campus during the school day.

I. Foods and Beverages Available to Students on School Campus During the School Day

The Board recognizes that a nutritious, well-balanced, reasonably-portioned diet is essential for student wellness. To help students possess the knowledge and skills necessary to make nutritious food choices for a lifetime, the district shall ensure that all foods and beverages available in school promote good nutrition, balance, and reasonable portion sizes. The district shall ensure that all foods and beverages available for sale to students on the school campus during the school day meet or exceed the program requirements and nutrition standards found in federal regulations.
To accomplish this, the Board directs that the district serve healthy and appealing foods and beverages at district schools, following state and federal nutrition guidelines, as well as safe food preparation methods.

A. School Meals – the district shall:

1. Include fruits, vegetables, salads, whole grains, and low fat items at least to the extent required by federal regulations.
2. Encourage students to try new or unfamiliar items.
3. Make efforts to ensure that families are aware of need-based programs for free or reduced-price meals and encourage eligible families to apply.
4. Consider serving produce and food from local farms and suppliers.
5. Make free drinking water available at locations where meals are served.

B. Meal Scheduling – the district shall:

1. Provide adequate time to eat.
2. Schedule lunchtime between normal lunch hours (10:40 a.m. – 1 p.m.)
3. No clubs, tutoring, or organizational meetings will be scheduled at lunchtime, unless students may eat during such activities.
4. Provide access to hand washing before students eat meals or snacks will be provided.
5. Provide access to drinking water will be available.

C. Foods and Beverages Sold Individually (e.g., a la carte, vending machines, school stores) – the district shall:

1. Ensure that all such items meet the nutrition standards set in federal regulations for competitive foods regarding whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine.
2. Permit the sale of fresh, frozen or canned fruits and vegetables, if processed pursuant to federal regulations, as exempt from the nutrition standards.
3. Work with existing vendors or locate new vendors that will comply with nutrition standards.

D. Fund-Raising Activities – the district shall:

1. Ensure that all fundraisers selling food or beverages to students on school campus during the school day meet the competitive foods nutrition standards set in federal regulations for whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine.
2. Promote non-food items to sell, or activities (physical or otherwise) in which to participate.
3. Student groups conducting fundraisers which take place off the school campus or outside the school day must obey this policy.
4. Outside organizations (e.g., Parent groups, booster clubs) conducting fundraisers which take place off the school campus or outside the school day are encouraged to follow this policy.

E. School and Class Parties, Celebrations, and Events where food and beverages are provided, but not sold – the district shall:

1. This section applies to all school and classroom parties, snacks which have been brought in for the class or school, celebrations, food provided to learn about cultures or countries, and other events where food is provided but not sold.
2. Schools shall set guidelines for the frequency and content of classroom and school-wide celebrations where food and beverages are provided .
3. The district shall promote the use of food and beverage items which meet the standards for competitive foods and beverages, promote non-food activities, and discourage foods and beverages which do not meet those standards, at celebrations.
4. Model the healthy use of food as a natural part of celebrations.

F. Marketing of Foods and Beverages

1. Any food or beverage that is marketed on school grounds during the school day must meet at least the federal nutrition standards for competitive items.
2. This restriction applies to all school buildings (interior and exterior), school grounds, school buses and other vehicles used to transport students, athletic fields, structures, parking lots, school publications, and items such as vending machines, equipment, posters, garbage cans, or cups.
3. Marketing includes all advertising and promotions: verbal, written, or graphic, or promotional items.
4. This restriction does not apply to personal opinions or expression, or items used for educational purposes.
5. This restriction applies to all purchases and contracts made after the effective date of this provision.

II. Physical Activity

Physical activity is an important factor in staying healthy and being ready to learn. The Board encourages every student to develop the knowledge and skills necessary to perform a variety of physical activities, to regularly participate in physical activity, and to appreciate and enjoy physical activity as an ongoing part of a healthy lifestyle. In addition, staff, families, and community are encouraged to participate in and model physical activity as a valuable part of daily life. The district’s Physical Education program shall adhere to the curricular requirements of the Commissioner of Education and the New York State Learning Standards.

A. Physical Education

1. Students shall engage in physical education for at least the minimum number of hours or days per week under State requirements.
2. Physical Education classes shall incorporate the appropriate NYS Learning Standards.
3. Promote, teach and provide opportunities to practice activities that students enjoy and can pursue throughout their lives (e.g., yoga, fitness walking, step aerobics).
4. The performance or withholding of physical activity shall not be used as a form of discipline or punishment.

B. Recess

1. Maintain daily allotment of recess time for elementary school.
2. Recess shall not used for punishment or reward.
3. Permit scheduling recess before lunch.
4. Recess will be held outdoors whenever possible, and indoors during the most inclement weather, at the discretion of the Building Principal.

C. Physical Activity in the Classroom

1. Promote the integration of physical activity in the classroom, both as activity breaks and as part of the educational process (e.g., kinesthetic learning).
2. If the district is under severe time or space constraints, consider meeting the state requirements for Physical Education through collaborative and integrative in-classroom activity, under the supervision of a Physical Education teacher.

D. Extracurricular Opportunities for Physical Activity

1. Promote clubs and activities that meet the various physical activity needs, interests, and abilities of all students (e.g., walking, hiking and climbing, snowshoeing), including before and after school activities.
2. Promote students walking/biking to school (with proper storage of bicycles), safe routes to school, and “walking” school buses.
3. The setting of extracurricular activity eligibility participation requirements does not constitute withholding opportunities.

III. Nutrition Promotion and Education

The Board believes that nutrition promotion and education is a key component in Introducing and reinforcing healthy behaviors in students. Nutrition promotion and education that teaches the knowledge, skills, and values needed to adopt healthy eating behaviors shall be integrated into the curriculum. Nutrition promotion and education information shall be offered throughout the school campus including, but not limited to, school dining areas and classrooms. Staff members who provide nutrition promotion and education shall be appropriately certified and trained. The district’s broader Health Education program shall incorporate the appropriate New York State Learning Standards.

The Board’s goals for nutrition promotion and education include that the district will:

1. Include nutrition education as part of not only health education classes, but also classroom instruction in subjects such as math, science, language arts, social sciences and elective subjects.
2. Include enjoyable, developmentally appropriate, culturally relevant, participatory activities, such as contests, promotions, taste testing, farm visits, and school gardens.
3. Promote fruits, vegetables, whole grain products, low fat dairy products, safe and healthy food preparation methods, and health enhancing nutrition practices.
4. Emphasize caloric balance between food intake and energy expenditure.
5. Teach media literacy with an emphasis on food marketing.

IV. Other School-Based Activities

The district may implement other appropriate programs that help create a school environment that conveys consistent wellness messages and is conducive to healthy eating and physical activity. Such activities may include, but are not limited to, health forums or fairs, health newsletters, parent outreach, employee health and wellness activities, limiting the use of food as a reward, reviewing food marketing and advertising in school, hosting or promoting community-wide events, and offering wellness-related courses in the district’s adult education program.

V. Implementation

The Board shall designate the principal a District Wellness Coordinator to be responsible for ensuring that the provisions of this policy are carried out throughout the district. The Board may also designate one person in each building as School Wellness Coordinator to ensure that the wellness activities and actions are being implemented at the building level.

VI. Monitoring and Review

The principal, District Wellness Coordinator, shall report every three years to the Board and the public on the implementation and effectiveness of this policy. Every three years, the District Wellness Coordinator, in consultation with appropriate personnel and advisory committees, shall monitor and review the district’s wellness activities to determine the extent that district schools are complying with this policy, how this policy compares to model wellness policies, and the progress made toward attaining the goals of this policy and whether this policy is having a positive effect on increasing student wellness and decreasing childhood obesity in the district. Based on those results, this policy, and the specific objectives set to meet its goals, may be revised as needed.
Parents, students, food service professionals, physical education teachers, school health professionals, school administrators, the general public, and the school board shall be provided with the opportunity to participate in the development, implementation and periodic review and update of this wellness policy. To do this, the district establish an advisory committee, and invite participation via notices in school publications; staff and student announcements, handbooks and memos; the district website; and outreach to school-associated organizations interested persons and those with valuable expertise].
The district shall inform and update the public (including parents, students and others in the community) about the content and implementation of this wellness policy by posting this policy (and any updates) on the district website and in each school lunch area, referencing the policy and its availability on school publications and notices, and providing information about new and ongoing wellness policy activities to parents, staff and students via established communication channels].
The district shall monitor and review the implementation and effectiveness of this policy by conducting:

1. Periodic informal surveys of Building Principals, classroom staff, and school health personnel to assess the progress of wellness activities and their effects.
2. Periodic checks of the nutritional content of food offered in the cafeterias for meals and a la carte items, and sales or consumption figures for such foods.
3. Periodic checks of the nutritional content of food available in vending machines, and sales or consumption figures for such foods.
4. Periodic checks of the amount of time students spend in Physical Education classes, and the nature of those activities.
5. Periodic checks of extracurricular activities of a physical nature, in the number of offerings and rates of participation by students.
6. Periodic checks of student mastery of the nutrition education curriculum.
7. Periodic completion of relevant portions of the CDC School Health Index.
8. Periodic review of data currently collected by the district, including:
a. attendance data, particularly absences due to illness;
b. test scores;
c. rates of suspension, discipline, and violent incidents;
c. physical education scores on flexibility, endurance, and strength (i.e., fitness test results);
d. student BMI (Body Mass Index) statistics, as collected in accordance with the State Department of Health efforts; and
e. revenues generated from vending machines and a la carte food items.
9. Periodic surveys of student/parent opinions of cafeteria offerings and wellness efforts.
10. Periodic review of professional staff development offered which focuses on student wellness.
11. NYSSBA’s Student Wellness Assessment Checklist [every three years] to review the effectiveness of this policy.

VII. Recordkeeping

The district shall keep records as required by federal regulations, including documentation of the following: this policy; the district’s community involvement activities described above; that the policy is made available to the public; the assessments done every three years; how the public is informed of the assessment results; and when and how the policy is reviewed and updated.

Replaced, Adopted December 5, 2017

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5420 Student Health Services

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

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

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

In order to enroll in school, students must also furnish documentation of required immunizations against certain communicable diseases, as set forth in state law and regulations, unless exempted from immunizations for medical reasons as permitted by state law and regulation.

Homeless students will be admitted to school even if they do not have the required health or immunization records, but may be temporarily excluded if they show actual symptoms of a communicable disease that poses a significant risk of transmission to others (see “Communicable Diseases” below).

The McKinney-Vento liaison will assist homeless students covered by that law in accessing health services described in this policy and accompanying regulation, including removing barriers for unaccompanied youth caused by a lack of parent/guardian permission.

The Board recognizes that the State of New York may authorize and require the collection of data from health certificates in furtherance of tracking and understanding health care issues that affect children.  The Board supports these efforts and expects administrators to cooperate and to observe the appropriate laws and regulations in carrying out those responsibilities, including those that relate to student privacy.

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

A permanent student health record will be part of a student’s cumulative school record and should follow the student from grade to grade and school to school along with the student’s academic record.  This record will be maintained by the school nurse.

Emergency Care

Each school in the district will include in its emergency plan a protocol for responding to health care emergencies, including anaphylaxis, and head injury. Parents/guardians will be notified of any emergency medical situation as soon as is practicable.  Parents/guardians will receive notification of non-emergent medical situations that have been reported to the nurse in a timely manner.   

Schools will also provide emergency care for students in accidental or unexpected medical situations. The district will stock epinephrine auto-injectors for non-patient specific use.  The district will ensure that designated staff are properly trained.

The district permits emergency administration of opioid antagonists, such as naloxone, by trained volunteer responders and/or the school nurse to prevent opioid overdose.

Communicable Diseases

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

During an outbreak of these communicable diseases, if the Commissioner of Health or designee so orders, the district will exclude students from school who have an exemption from immunization or who are in the process of obtaining immunization. The district will provide additional protections to students who are otherwise medically vulnerable.

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

Administering Medication to Students

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

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

  1. the written request of the parent(s) or guardian(s), which gives permission for such administration and relieve the Board and its employees of liability for administration of medication;
  2. the written order of the prescribing authorized medical provider, which will include the purpose of the medication, the dosage, the time at which or the special circumstances under which medication will be administered, the period for which medication is prescribed, and the possible side effects of the medication; and
  3. that in order for a student to carry and use a rescue inhaler, an epinephrine auto-injector, insulin, or glucagon and associated testing supplies, written permission must be provided both by the parent and the prescribing authorized medical provider in accordance with state law and regulation.

Students are allowed to carry and apply parentally provided sunscreen without a prescription from a medical provider, assuming that the sunscreen is FDA approved and that the sunscreen is not treating a medical condition. Parents need to provide the district with written permission for students to use sunscreen.

Permission slips and medical orders will be kept on file in the office of the school nurse.

Life-Threatening Allergies and Anaphylaxis Management

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

Training

Training to support the fulfillment of staff responsibilities in regard to student health services will be provided as part of the district’s ongoing professional development plan and in conformity with Commissioner’s regulations.

Regulations

The Superintendent will develop comprehensive regulations governing student health services.  Those regulations will include the provision of all health services required by law, procedures for the maintenance of health records, and procedures for the administering of medication to students.  The Superintendent will also develop protocols, in consultation with the district medical director and other appropriate district staff, for the management of injury, with particular attention to concussion.

Cross-ref: 

4321, Programs for Students with Disabilities

5020.3, Students with Disabilities and Section 504

5151, Homeless Students

5280, Interscholastic Athletics

5550, Student Privacy

8121.1, Opioid Overdose Prevention

8130, School Safety Plans and Teams

9700, Professional Learning and Staff Development

Ref:    

Education Law §§310 (provisions for appeal of child denied school entrance for failure to comply with immunization requirements); 901 et seq. (medical, dental and health services, BMI reporting); 916-a (student self-administration of rescue inhalers); 916-a (student self- administration of epinephrine; 916-b (students with diabetes); 919 (provide and maintain nebulizers); 921 (epinephrine auto-injectors; training of unlicensed personnel); 922 (naloxone); 6527 (emergency treatment: anaphylaxis; naloxone); 6909 (emergency treatment: anaphylaxis; naloxone)

Public Health Law §§613 (annual survey); 2164 (immunization requirements); 3000-c (emergency epinephrine); 3309 (naloxone)

8 NYCRR §§ 64.7 (anaphylaxis; naloxone); 135.4 (Physical Education); Part 136 (school health services program; concussion, anaphylaxis, medication, naloxone)

10 NYCRR Part 66-1 (immunization requirements); § 80.138 (naloxone)

Guidelines for Medication Management in Schools, State Education Department, December 2017, www.p12.nysed.gov/sss/documents/MedicationManagement-DEC2017.pdf

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

Making the Difference:  Caring for Students with Life-Threatening Allergies, New York State Department of Health, New York State Education Department, New York Statewide School Health Service Center, June 2008

Concussion Management Guidelines and Procedures, www.nysphsaa.org

New Policy for Stocking Albuterol Metered Dose Inhalers (MDIs), State Education Department, August 2011, www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/Albuterol2011memo.pdf.

Replaced, Adopted: July 5, 2018
Revised and Adopted October 29, 2019
Revised and Adopted December 8, 2020

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5420-R Student Health Services Regulations

This regulation provides specific details about major areas of the district’s student health services, such as immunization, medications, medical exams, medical care, emergency records, and return to school after injury/illness.  For purposes of this regulation, the McKinney-Vento liaison shall assist homeless students covered by that law in accessing school health services.

A.        Immunization Against Communicable Diseases

Under state Public Health Law 2164, in order to be enrolled in or attend district schools, children must be fully immunized against certain communicable diseases.  Those diseases are:  poliomyelitis, mumps, measles, diphtheria, rubella, varicella (chicken pox), hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus influenzae type b (Hib), pneumococcal disease, and meningococcal disease.

“Fully immunized” means that the child has either (1) received the required vaccinations for these diseases as set forth in state regulations; or (2) demonstrated having immunity:

  1. for measles, mumps, and rubella – by showing a positive blood test for the disease antibodies;
  2. for varicella – by showing (1) a positive blood test for those disease antibodies (2) laboratory confirmation of the disease, or (3) verification by a doctor, nurse practitioner, or physician’s assistant that the student had the disease;
  3. for hepatitis B – by showing a positive blood test for the disease antibodies; and
  4. for poliomyelitis – by showing a positive blood test for the disease antibodies for all three types (limited to tests performed prior to 9/1/19).

Children who are not fully immunized may only be admitted to school if parents/guardians submit documentation that they (1) are in the process of receiving immunization or obtaining blood tests (as described in state regulations 10 NYCRR Subpart 66-1); or (2) have been granted a medical exemption. 

Medical exemptions may be issued if immunization is detrimental to a child’s health.  Medical exemptions must be on the medical exemption form approved by the New York State Department of Health or the New York City Department of Education, signed by a physician licensed to practice medicine in New York State indicating the specific immunization, the medical contraindication, and the length of time the exemption is for. Medical exemptions must be reissued annually to remain valid. The Building Principal may require supporting documents for medical exemptions.

All students must present appropriate documentation of their immunization status, as set forth in the Regulations of the Commissioner of Health 10 NYCRR Subpart 66-1.  Homeless students will be admitted to school even if they do not have the required immunization records, but may be temporarily excluded if they show actual symptoms of a communicable disease that poses a significant risk of transmission to others.

The Building Principal may permit students without adequate documentation to attend school up to 14 calendar days while the parent/guardian furnishes the necessary documents.  This time period may be extended to 30 days for students transferring from another state or country, as long as they show a good faith effort to obtain the necessary documentation.

District schools may access the New York State Immunization Information System (NYSIIS) or the New York City Citywide Immunization Registry (CIR) to verify the immunization history of students entering or registered in that school.

When a child is excluded from school for immunization reasons, the Building Principal must notify the parent/guardian of their responsibility to have the child immunized, and the public resources available for doing so.  The Principal must also notify the local health authority of the child’s name and address and the immunization(s) the child lacks, and cooperate with that authority to provide a time and place for the required immunization(s) to be administered.

The district will maintain a list of all students who have been exempted from immunization for medical reasons, or who are in the process of receiving immunization, and will exclude such students from school when so ordered by the Commissioner of Health, in the event of an outbreak in school of the vaccine-preventable diseases listed in Public Health Law 2164 and the first paragraph of this section. The district will provide additional protections to students who are otherwise medically vulnerable.  Students who are excluded or additionally protected will be provided with alternate instruction or remote learning opportunities as available to continue their education.

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

B.        Administering Medication to Students in School

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

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

  1. A written order from a NYS licensed health care provider (e.g. physician, nurse practitioner or physician assistant) containing the following: student’s name, the date and name of the medicine, dosage and time to be administered, and list of possible side effects; and

    2. A written note from the parent/guardian giving appropriate licensed school personnel permission to administer the medication to their child during school or for trained unlicensed personnel to assist their child in taking their own medication.

Students who may carry and use certain medications

Students are permitted to self-administer medication under certain circumstances, in accordance with state law and regulation.  A student is authorized to carry and use the following medications:  rescue inhaler, epinephrine auto-injector, insulin, glucagon (and associated diabetes testing supplies), if the following conditions are met:

  1. An authorized medical provider must provide written permission that includes an attestation that the student’s diagnosis requires the medication; the student has demonstrated that the student can self-administer the prescribed medication effectively; the name of the medication, the dose, the times when it is to be taken, the circumstances which may warrant use and the length of time during which the student may use it.

  2. Written parental permission.

If a student is authorized to carry and use medication as described above, the parent/guardian is permitted to give extra medication and supplies that the district will maintain in accordance with the written directions submitted by the authorized medical provider.  Such extra medication and supplies will be readily accessible to the student.

All documents pertaining to student medication will be kept on file in the nurse’s office.

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

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

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

Sunscreen

Students are permitted to carry and apply sunscreen without a medical provider’s order under the following conditions:

  1. the sunscreen is used to avoid overexposure to the sun and not for medical treatment of an injury or illness, if sunscreen is required to treat a medical condition, the procedures for administering medication (above) apply;
  2. the sunscreen is FDA approved for over the counter use;
  3. the student’s parents or guardians provide written permission annually for the student to carry and use the sunscreen.

The school nurse will keep written permission for students on file and develop procedures pertaining to this policy.

Administering medication on field trips and at after-school activities

Taking medication on field trips and at after-school activities is permitted if a student is an “independent student” described above in administering their own medication.  On field trips or at other after-school activities, teachers or other school staff may carry the medication (if the student does not need it on hand for rapid administration) so that the independent student can take it at the proper time.  If a student is a “supervised student” described above, unlicensed school personnel who have been trained by a licensed school health professional may assist the student in taking medication.  The student’s parent/guardian, if attending the trip, may also perform these activities, but may not be required to do so.

If a student is “nurse dependent” (i.e., requires a licensed health professional to administer their medication), then the student must have their medication administered by a licensed health professional, or the district may:

  • permit the parent or guardian to attend the activity and administer the medication.
  • permit the parent to personally request another adult friend or family member to voluntarily administer the medication on the field trip or activity and inform the school district in writing of such request.
  • allow the student’s health care provider to be consulted and, as the provider permits, order the medication time to be adjusted or the dose eliminated.

If no other alternative can be found, the trip will be canceled or rescheduled.

Administering EpiPen in emergency situations

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

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

Additionally, the district will stock epinephrine auto-injectors to be used on any student or staff member having symptoms of anaphylaxis, whether or not there is a previous history of severe allergic reaction.  The medical director will oversee use of the auto-injectors, ensuring that designated staff are appropriately trained. However, any school personnel may be directed in a specific instance to use an auto-injector by the nurse or medical director.  

In addition, pursuant to SED guidelines, school nurses may provide training to unlicensed school staff in administering epi-pens, epinephrine auto-injectors and glucagon prescribed by a licensed medical provider, to a child who has been diagnosed with the associated disease in accordance with the process described in this policy and regulation.

C.        Student Medical Exams

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

 

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

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

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

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

D.        Illness or Injury in School

If a student becomes ill or injured in school:

  1. The nurse will determine if the student should receive further medical attention, remain in the nurse’s office or return to class.
  2. The nurse will call the parent, guardian or designated emergency contact if the nurse feels the student should go home. In general, a parent or guardian will pick up the student from school.
  3. The nurse will contact the Building Principal if the nurse feels the child should be transported by bus to the home.
  4. If there is to be a change in bus routing in order to carry the student home, that decision will be made by the administrator and the transportation supervisor.
  5. If the route is to be changed, the transportation supervisor will inform the bus driver.
  6. If no parent, guardian or designated emergency contact picks up the student at school, or if no parent/guardian or designated emergency contact will be home, the student will remain in the nurse’s office until such time as a parent, guardian or designated emergency contact becomes available to assume responsibility for the child.
  7. While in the nurse’s office, to the extent possible, students showing symptoms of communicable diseases will be kept separate from students with non-transmissible illness or injuries, and the district will take measures necessary to minimize disease transmission (e.g., physical barriers, face coverings, heightened hygiene procedures.
  8. If the nurse determines that the child can return to class, but needed some type of medical attention (i.e., a bandage for a minor scratch, a brief rest, etc.), the nurse will notify the parent/guardian.
  9. The nurse will maintain appropriate records of all student visits.

    The district permits the administration of opioid antagonists, such as naloxone, to prevent opioid overdose, pursuant to policy 8121.1, Opioid Overdose Prevention.  District staff must follow all regulations regarding the storage, accessibility, administration, recordkeeping, and reporting of naloxone use.

    E.         Medical Emergency Record

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

    1. the student’s parent(s) or guardian(s) at home and work;
    2. the student’s next of kin;
    3. the student’s licensed health care provider;
    4. any allergies or serious health conditions;
    5. preferred hospital;
    6. neighbor.

    Students diagnosed with diabetes will have a written diabetes management plan maintained as part of the student’s cumulative health record.  The management plan will be developed in accordance with state regulation and district procedures.  Students diagnosed with asthma or other respiratory disease requiring a rescue inhaler, students diagnosed with life-threatening allergy or diabetes may have an emergency action plan maintained as part of the student’s cumulative medical record.  The emergency action plan will be developed in accordance with state regulation and district procedures.

    F.         Student Return to School after Illness/Injury

    In general, students should be symptom-free before returning to school and resuming normal activities.  In the case of communicable diseases, students must no long be contagious. In some instances, students may be asked to provide a note from their licensed health care provider or meet specific indicators before they return to school or participate in the full range of school activities.  The final decision to permit participation rests with the school physician.  The Superintendent, in consultation with public health authorities, the school physician, nurse and other appropriate staff, will develop protocols to address a student’s return to activities when there has been a serious illness or injury.

    Replaced, Adopted: July 5, 2018
    Revised, Reviewed October 29, 2019
    Revised, Reviewed December 8, 2020
    Revised, Reviewed October 5, 2021

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    5440 Drug and Alcohol Abuse Policy

    The Board of Education is committed to the prevention of alcohol and other substance use/abuse. This policy describes the philosophy of the district and the program elements the district will use to promote healthy life styles for its students and to inhibit the use/abuse of alcohol and other substances.
    No student may use, possess, sell, offer, manufacture, or distribute alcohol or other substances, nor may use or possess drug paraphernalia, on school grounds or at school-sponsored events, except drugs as prescribed by a physician. The term “alcohol and/or other substances” shall be construed throughout this policy to refer to the use of all substances including, but not limited to, alcohol, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any synthetic version thereof (whether or not specifically illegal or labeled for human consumption), commonly referred to as “designer drugs.” Designer drugs are those substances which have been designed and synthesized to mimic the intended effects and usages of, and which are chemically substantially similar to, substances controlled by federal and/or state law as exemplified above. The inappropriate use of prescription and over-the-counter drugs shall also be prohibited.
    Additionally, the following persons shall be prohibited from entering school grounds or school-sponsored events: any person exhibiting behavior, conduct, or personal or physical characteristics indicative of having used or consumed alcohol and/or other substances, or any person who school personnel have reasonable grounds to suspect has used alcohol and/or other substances.
    In order to educate students on the dangers associated with substance abuse, the health education curriculum shall include instruction concerning drug abuse for grades 5-12.
    Any staff member observing narcotics possession or usage by students shall report the incident immediately to the Superintendent of Schools or his/her designee. The Superintendent or his/her designee shall then seek immediate action. Any narcotics found shall be confiscated immediately, followed by notification of the parent(s)/guardian(s) of the student(s) involved and the appropriate disciplinary action taken, up to and including permanent suspension and referral for prosecution. In its effort to maintain a drug-free environment, the district shall cooperate to the fullest extent possible with local, state and/or federal law enforcement agencies.
    The district will use the following principles as guides for the development of its substance use/abuse prevention efforts and for any disciplinary measures related to alcohol and other substances:

    • Alcohol and other substance use/abuse is preventable and treatable.
    • Alcohol and other substance use/abuse inhibits the district from carrying out its central mission of educating students.
    • The behavior of the Board, the administration, and all school staff should model the behavior asked of students.
    • While the district can and must assume a leadership role in alcohol and other substance use/abuse prevention, this goal will be accomplished only through coordinated, collaborative efforts with parents, students, staff, and the community as a whole.

    Adopted November 7, 2012

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    5450.1 Notification of Releases of Level Three Sex Offenders

    The Board of Education recognizes its responsibility to ensure the safety and well-being of its students with respect to the notification of parents and staff regarding the release from prison of sex offenders who then choose to reside within school district boundaries. The Board of Education acknowledges the efforts of the New York State Division of Parole, the Division of Criminal Justice Services (DCJS) and local law enforcement agencies to inform the district when persons with a history of sex offenses against children are being paroled into the community. The purpose of such notification is to enlist the assistance of district personnel in identifying such persons so that the Division and local law enforcement personnel may act to prevent any new criminal activity. The district shall cooperate with the police and parole agencies in this endeavor.

    The Board directs the Superintendent of Schools to ensure the dissemination of any identifying information provided by the Division of Parole and local law enforcement agencies regarding level 3 sex offenders only to parents and employees. The list of employees receiving the information will include teachers, administrators, supervisors, bus drivers, monitors, security personnel, teaching assistants, office staff, coaches, etc. Staff members shall notify their supervisor or the principal immediately if they observe any suspicious person(s) in an area where children congregate. In turn, the supervisor or administrator shall be directed to contact law enforcement agencies if a paroled sex offender is so observed.

    The Superintendent of Schools shall notify parents of students about the release of level 3 sex offender information and remind them of the security measures and personal safety instruction provided at school.

    The Superintendent shall establish any necessary regulations for implementing this policy with the advice of the school attorney.

    Cross-ref:
    1120, School District Records
    1240, Visitors to the Schools
    Project Safe Schools Against Violence in Education Act.

    Ref:
    Shante D. v. City of New York, 83 NY2d 948 (1994)
    Mirand v. City of New York, 84 NY2d 44 (1994)
    Stoneking v. Bradford Area S.D., 882 F.2d 720 (2d Cir. 1989)
    Guidelines for the Supervision of Sex Offenders (Revised), NYS Div. of Parole, August 1994
    Information relating to Notification by Parole of Release of Sex Offenders, Memorandum to Superintendent of Schools from Executive Director, NYS Council of School Superintendents, November 9, 1994

    Adopted February 7, 2006
    Adopted November 20, 2012
    Adopted January 26, 2021

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    5450.1-R Notification of Releases of Level Three Sex Offenders

    The Board of Education recognizes its responsibility to ensure the safety and well-being of its students with respect to the notification of parents and staff regarding the release from prison of sex offenders who then choose to reside within school district boundaries. In conjunction with New York State’s “Megan’s Law” which requires the annual registration of persons convicted of various sexual offenses where the victim is less than 17 years old, the district will assume a proactive role in the notification process. Megan’s Law permits the disclosure by the district of certain information about any Level 3 sexual offender released from prison who resides in the Guilderland Central School District. A Level 3 sex offender is described as an individual where “the potential to re-offend is high.” Although the individual is not wanted by the police, the purpose of the notification is to keep the school personnel who come in contact with children, parents, and neighbors in our community better informed as a precautionary safety measure.

    When school officials receive notification about the presence of a Level 3 sex offender residing in the Guilderland Central School District, a concerted effort will be made to disseminate the information to all employees and parents throughout the school community in order to ensure the safety and well-being of all students.

    If a Level 3 sex offender resides in the Guilderland Central School District, the following steps will be taken:

    1. A memorandum will be sent to all employees including a Sex Offender Information Bulletin listing the name, photograph, criminal act committed, type of victim targeted, descriptive details (age, height, weight, hair and eye color, etc.), and other pertinent information about the convicted offender which is provided to the district by the Guilderland Police Department.
    2. The list of employees receiving the information will include teachers, administrators, supervisors, bus drivers, monitors, security personnel, teaching assistants, office staff, coaches, etc. In order to expedite the process, the information will be transmitted via e-mail with paper copies made available for those without e-mail access.
    3. The Sex Offender Information Bulletin will be posted on the district’s website (https://www.guilderlandschools.org) as well as listed on cable channel 16.

    Reviewed January 24, 2006
    Reviewed November 7, 2012
    Revised, Reviewed January 26, 2021

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    5450.1-E Notification of Releases of L 3 Sex Offenders Exhibit

    Dear Parents and Guardians,

    The New York State Division of Parole through local law enforcement agencies has instituted a policy whereby school administrators are notified of paroled sex offenders living or working in our school district. Specifically, we were provided the name and photograph of the level 3 sex offender, the crime the offender was convicted of, a description of the offender’s modus operandi, the type of victim previously targeted and the name, address and telephone number of the offender’s Parole Officer. A copy of Sex Offender Information Bulletin is listed on the reverse side of this letter. In addition, access to this information has been provided to all school employees, made available in all school offices throughout the school district, posted on the district’s website and listed on cable channel 16. Please understand that this individual is not wanted by the police. However, as a result of the Sex Offender Registration Act, the police notification of schools and neighbors in our community is intended to keep the public better informed as a precautionary safety measure.

    Any time we receive this information regarding a level 3 sex offender, it will be circulated to all employees including principals, teachers, teaching assistants, monitors who issue visitors’ passes, bus drivers, custodians, playground monitors, and coaches. Our employees have been directed to notify their building principal or supervisor if they observe any suspicious person(s) in an area where children congregate.

    We are dedicated to the safety of our children while they are in school. All of our schools have strict sign-in/sign-out procedures for our students, and all visitors to our buildings are required to sign-in and show a photo ID. In addition, our school curriculum includes teaching personal safety designed to assist students should they be approached by a stranger. We encourage you to talk to your children about personal safety as well. Books and other resources are available from school counselors, if necessary.

    Specific questions about this matter may be directed to the Guilderland Police Department (356-1501 or dial 911 in an emergency).

    Please be assured that the school district will continue to take responsible and appropriate measures to protect our students.

    Sincerely,

    Name of Superintendent of Schools

    Reviewed January 24, 2006
    Reviewed November 7, 2012
    Reviewed January 26, 2021

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    5460 Child Abuse, Maltreatment or Neglect in a Domestic Setting

    The Board of Education recognizes that because of their sustained contact with school-aged children, employees are in an excellent position to identify abused, maltreated or neglected children and refer them for treatment and protection. The Board further recognizes the specific dictates of law which require school officials to report suspected instances of child abuse, maltreatment (which includes neglect) in a domestic setting.

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

    School officials, who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment, must immediately report this to the New York State Central Register for Child Abuse and Maltreatment (Central Register), as required by law. No conditions may be imposed which limit their responsibility to report. A school official is defined as:

    • Teacher
    • Guidance counselor
    • Psychologist
    • Nurse
    • Social Worker
    • Full or part-time paid athletic coach
    • Administrator
    • Any school personnel required to hold a teaching or administrative license or certificate.
    • The school official will also report the matter to the Building Principal.

    The school official will also report the matter to the Building Principal.

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

    School employees who are not school officials, as defined above, but who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment are encouraged to report to the Central Register. However, the school employee must report the matter to the Building Principal. If the matter has not yet been reported to the Central Register, the Building Principal must make the report, in accordance with state law. In being required to file such report, the Building Principal does not have discretion.

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

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

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

    School employees will not be subject to retaliatory action, as defined in state law, as a result of making a report when they reasonably suspect that a child has been abused or maltreated.

    The Board recognizes that knowingly reporting a false claim of child abuse is a violation of state law and this policy acknowledges that it is a crime to do so. The district will make every reasonable effort to ensure the integrity of the district’s child abuse reporting process and procedure.

    School District Relationship with Local Social Service District

    The school district will cooperate to the extent possible with authorized child protective services workers in investigations of alleged child abuse. The Superintendent, or designee, will represent the district when collaborating with local social service agencies to address instances of abuse or maltreatment, and in the development of policy and procedures regarding abuse or maltreatment (including educational neglect). In addition, the Superintendent will share a copy of the district’s attendance policy, 5100, with the local social service district.

    Child Protective Services Investigations

    Consistent with the district’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the district will provide data and assistance to local child protective services workers, or members of a multi-disciplinary team accompanying such workers, who are responding to allegations of suspected child abuse, and/or neglect, or custody investigations. Such data and assistance include access to records relevant to the investigation, as well as interviews with any child named as a victim in a report, or a sibling of that child, or a child residing in the same home as the victim.

    All requests by child protective services to interview a student on school property must be made directly to the Principal or designee. Child protective service workers and any associated multi-disciplinary team members must comply with the district’s procedures for visitors, provide identification, and identify the child(ren) to be interviewed.

    The Principal or designee will decide if it is necessary and appropriate for a school staff member, including but not limited to an administrator or school nurse, to observe the interview either from inside or outside the interview room.

    A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that a student would be subject to danger of abuse if they were not removed from school before a court order can reasonably be obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s consent.

    Training Program and Dissemination of Information

    The school district will maintain an ongoing training program for all current and new school officials which will address the identification (i.e., signs and indicators) and reporting of child abuse and maltreatment, and neglect, including the legal implications of reporting and not reporting. Attendance at sessions of this training program shall be required of all school officials. Attendance records shall be kept, and notations will be made in personnel files as to the dates of attendance.

    The Superintendent will develop, with input from appropriate personnel, a plan for implementation of such a training program, to be approved by the Board. In addition, the policy and regulations will be provided to all employees annually. The Superintendent will prepare and implement all regulations as are necessary to accomplish the intent of this policy.

    As required by state law and regulation, the district will publicize the toll-free number for reporting child abuse and neglect to the Central Register (800-342-3720), and directions for accessing the NYS Office of Children and Family Services website (http://ocfs.ny.gov/main/cps/), in both English and Spanish.

    Cross-ref: Student Attendance, 5100

    Ref: Child Protective Services Act of 1973, Social Services Law §§411 et seq.
              Social Services Law §34-a
              Family Court Act §1012
              Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, 45 CFR                      §99.36
              Education Law §§3209-a, 3036

    Penal Law 240.50
              18 NYCRR §432.3
               8 NYCRR §100.2(nn)

    Replaced June 19, 2012
    Adopted February 3, 2015
    Revised, Adopted February 15, 2022

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    5460-R Child Abuse, Maltreatment or Neglect in a Domestic Setting Regulation

    New York State Law (Child Protective Service Act of 1973, as amended) provides for reporting of suspected cases of child abuse by school officials. These regulations are designed to implement this law within the district and to help protect students from the harmful effects of child abuse.

    Definitions

    The definition of child abuse and maltreatment is established by law.

    Abused Child, according to Social Services Law and the Family Court Act, is a child less than 18 years of age whose parent or other person legally responsible for their care:

    1. inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; or
    2. creates or allows to be created a substantial risk of physical injury to such a child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ; or
    3. commits, or allows to be committed, a sex offense against such child, as defined in the penal law, provided, however, that the corroboration requirements contained therein shall not apply to proceedings under this article.

    Neglected or maltreated child, according to the Family Court Act, is a child less than 18 years of age:

    1. whose physical, mental, or emotional condition has been impaired or is in danger of becoming impaired as a result of the failure of the parents or other person legally responsible for his care to exercise a minimum degree of care:
      1. in supplying the child with adequate food, clothing, shelter, or education in accordance with provisions of Part One, Article 65 of the Education Law, or medical, dental, optometrical or surgical care though financially able to do so or offered financial or other reasonable means to do so; or

    In order for a report of educational neglect to be accepted, three elements need to be established:

        1. Excessive absence from school by the child;
        2. Reasonable cause to suspect that the parent is aware or should have been aware of the excessive absenteeism and the parent has contributed to the problem or is failing to take steps to effectively address the problem; and
        3. Reasonable cause to suspect educational impairment or harm to the child or imminent danger of such impairment or harm.
      2. in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by using a drug or drugs; or by using alcoholic beverages to the extent that they lose self-control of their actions; or by any other acts of a similarly serious nature requiring the aid of the court; or
    2. who has been abandoned by their parent(s) or other person legally responsible for their care.

    Person legally responsible includes the child’s custodian, guardian, or any other person responsible for the child’s care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.

    Impairment of emotional health and impairment of mental or emotional condition includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out of misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the parent, guardian, or custodian to exercise a minimum degree of care toward the child.

    Reporting procedures and related information:

    1. All school officials must, when they have reasonable cause to suspect that a child is abused or maltreated, report it to the New York State Central Register for Child Abuse and Maltreatment (either the public number: 800-342-3720 or the mandated reporter hotline). A school official, under state law, is defined as:
      • Teacher
      • Guidance counselor
      • Psychologist
      • Nurse
      • Social Worker
      • Full or Part-time athletic coach
      • Administrator
      • Any school personnel required to hold a teaching or administrative license or certificate.
        Personnel have the right to request that information which would identify the individual making the report be withheld if furnishing such data might prove detrimental to the safety or interest of that individual.
    2. The school official must also report the matter to the Building Principal who will determine if any additional steps need to be taken by the school district (for instance, contacting the school physician, social worker or other support services).
    3. In the event that a school employee, who is not required to report under the law (such as a bus driver, custodian, cafeteria monitor, etc.), has reasonable cause to suspect that a child is abused or neglected, he/she is encouraged to make a report to the Central Register. The employee must, by district policy, report the matter to the Building Principal.
    4. If the Building Principal is informed of a case of suspected child abuse or maltreatment that has not yet been reported to the Central Register, the Building Principal is required to:
      1. phone the New York State Central Register for Child Abuse and Maltreatment (the public number: 800-342 3720 or the mandated reporter hotline) and inform them verbally of the problem; or
      2. contact the above agency by telephone facsimile machine on a form supplied by the Commissioner of Social Services; and
      3. file a written report with the local child protective services agency and the Central Register within forty-eight hours after the above report; and,
      4. determine if additional steps need to be taken by the school district, as outlined in step 2 above.
    5. The Building Principal may take color photographs or cause photographs to be taken of the areas of visible trauma on the child, and/or, if medically indicated, cause an examination to be performed. Such actions may be performed at public expense if they will provide appropriate documentation when filing the report. Photographic equipment shall be kept at the school and be available for this purpose.
    6. The written report that must be filed will include all information which the Commissioner of Social Services may require.
    7. If it should be necessary for Child Protective Services to interview a child at school to ascertain whether they have been abused or maltreated, or to obtain documentation of such acts, the interview should be conducted in the presence of a school official, unless circumstances require otherwise. The school official shall examine and verify the credentials of Child Protective Services worker(s) before allowing such worker(s) to either interview the child or to examine the child’s records. If sexual abuse is indicated, the presence of a same-sex staff member during the interview is appropriate.
    8. The Building Principal shall request a summary report of the investigation of a case referred to Child Protective Services so the district can take appropriate next steps.
    9. The district will maintain an ongoing training program which will address identification (i.e., signs and indicators) and reporting of child abuse and maltreatment, and neglect. Attendance at sessions of this training program is required of all school officials.
    10. Employee handbooks will include a copy of these regulations and the related Board policy concerning child abuse and reporting requirements.
    11. Only one report of any suspected abuse is required.
    12. School personnel who, in good faith, make a report or take photographs of injuries and bruises have immunity from any liability, civil or criminal. The good faith of any person required to report cases of child abuse or maltreatment is presumed.
    13. School personnel who have reasonable cause to suspect that a child has died as a result of child abuse or maltreatment shall report that fact to the appropriate medical examiner or coroner.
    14. Any person required to report suspected cases of child abuse or maltreatment and who fails to do so may be found guilty of a class A misdemeanor and may be held civilly liable for the damages caused by this failure.
    15. Any school employee who fails to comply with this policy is subject to discipline in accordance with collective bargaining agreements and/or policy.
    16. The district will post the toll-free number for the Central Register (800-342-3720) and directions for accessing the NYS Office of Children and Family Services (http://ocfs.ny.gov/main/cps/), in both English and Spanish, on the district website and in highly visible areas of school buildings so that it is readily accessible to students and staff. The district will also make such information available in district and school administrative offices, provide it to parents/persons in parental relation at least once per school year (including electronically and/or set home with students), and provide it to all teachers, administrators and all other mandated reporters.

    Replaced June 19, 2012
    Reviewed February 3, 2015
    Revised, Reviewed February 15, 2022

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    5500 Student Records

    The Board of Education recognizes its legal responsibility to maintain the confidentiality of student records. As part of this responsibility, the Board will ensure that eligible students and parents/guardians have the right to inspect and review education records, the right to seek to amend education records and the right to have some control over the disclosure of information from the education record. The procedures for ensuring these rights will be consistent with state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations.

    The Board also recognizes its responsibility to ensure the orderly retention and disposition of the district’s student records in accordance with Schedule ED-1 as adopted by the Board in policy 1120.

    The District will use reasonable methods to provide access to student educational records only to those authorized under the law and to authenticate the identity of the requestor. The district will document requests for and release of records, and retain the documentation in accordance with law. Furthermore, pursuant to Chapter 56 of the Laws of 2014, the district will execute agreements with third-party contractors who collect, process, store, organize, manage or analyze student personally identifiable information (PII) to ensure that the contractors comply with the law in using appropriate means to safeguard the data.

    The Superintendent of Schools is responsible for ensuring that all requirements under law and the Commissioner’s regulations are carried out by the district.

    Definitions

    Authorized Representative: an authorized representative is any individual or entity designated by a State or local educational authority or a Federal agency headed by the Secretary, the Comptroller General or the Attorney General to carry out audits, evaluations, or enforcement or compliance activities relating to educational programs.

    Education Record: means those records, in any format, directly related to the student and maintained by the district or by a party acting on behalf of the district, except:

      1. records in the sole possession of the individual who made it and not accessible or revealed to any other person except a substitute (e.g. memory joggers);
      2. records of the district’s law enforcement unit;
      3. grades on peer-graded papers before they are collected and recorded by a teacher.

    Eligible student: a student who has reached the age of 18 or is attending postsecondary school.

    Legitimate educational interest: a school official has a legitimate educational interest if they need to review a student’s record in order to fulfill his or her professional responsibilities.

    Personally identifiable information (PII): as it pertains to students is information that would allow a reasonable person in the school or its community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. Such data might include social security number, student identification number, parents’ name and/or address, a biometric record, etc. This term is fully defined in federal regulations at 34 CFR 99.3.

    School official: a person who has a legitimate education interest in a student record who is employed by the district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a member of the Board of Education; a person or company with whom the district has contracted to perform a special task (such as attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as disciplinary or grievance committee, or assisting another school official performing their tasks. Volunteers may consult with school officials for purposes of access to personally identifiable information if they are under the direct control of the district, are trained in the requirements of law under this policy, have a legitimate educational interest, and the district uses reasonable methods to limit access to only the information that is necessary to fulfill their volunteer duties. Volunteers may only access the information necessary for the assignment, and must not disclose student information to anyone other than a school official with a legitimate educational interest. The Building Principal, Coordinator for Data and Information, or the Data Privacy Officer will provide adequate training on confidentiality of student records.

    Third-party contractor: is any person or entity, other than an educational agency (which includes schools, school districts, BOCES, or the State Education Department), that receives student data or teacher/principal PII from an educational agency pursuant to a contract or other written agreement for purposes of providing services to such educational agency, including but not limited to data management or storage services, conducting studies for or on behalf of such educational agency, or audit or evaluation of publicly funded programs. This includes educational partnership organizations that receive student or teacher/principal PII from a school district to carry out responsibilities under Education Law §211-e (for persistently lowest-achieving schools under registration review) and is not an educational agency. This also includes not-for-profit corporations or other nonprofit organizations, other than an educational agency.

    Annual Notification

    At the beginning of each school year, the district will publish a notification on the district website that informs parents, guardians and students currently in attendance of their rights under FERPA and New York State Law and the procedures for exercising those rights. A ‘Parents’ Bill of Rights for Data Privacy and Security’ will be posted on the district website and included in any

    The notice and Parents’ Bill of Rights will include a statement that the parent/guardian or eligible student has a right to:

    1. inspect and review the student’s education records;
    2. request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
    3. consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and
    4. file a complaint with the United States Department of Education alleging failure of the district to comply with FERPA and its regulations; and/or file a complaint regarding a possible data breach by a third party contractor with the district and/or the New York State Education Department’s Chief Privacy Officer for failure to comply with state law.

    The annual notice and Parents’ Bill of Rights will inform parents/guardians and students:

    1. that it is the district’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the district whom the district has determined to have legitimate educational interests. The notice will define ‘school official’ and ‘legitimate educational interest.’
    2. that, upon request, the district will disclose education records without consent to officials of another school district in which a student seeks to or intends to enroll or is actually enrolled.
    3. that personally identifiable information will be released to third party authorized representatives for the purposes of educational program audit, evaluation, enforcement or compliance purposes.
    4. that the district, at its discretion, releases directory information (see definition below) without prior consent, unless the parent/guardian or eligible student has exercised their right to prohibit release of the information without prior written consent. The district will not sell directory information.
    5. that, upon request, the district will disclose a high school student’s name, address and telephone number to military recruiters and institutions of higher learning unless the parent or secondary school student exercises their right to prohibit release of the information without prior written consent.
    6. of the procedure for exercising the right to inspect, review and request amendment of student records.
    7. that the district will provide information as a supplement to the ‘Parents’ Bill of Rights’ about third parties with which the district contracts that use or have access to personally identifiable student data.

    The district may also release student education records, or the personally identifiable information contained within, without consent, where permitted under federal law and regulation. For a complete list of exceptions to FERPA’s prior consent requirements see accompanying regulation 5500-R, Section 5.

    The district will effectively notify parents, guardians and students who have a primary or home language other than English.

    In the absence of the parent or secondary school student exercising their right to opt out of the release of information to the military, the district is required to, under federal law, release the information indicated in number five (5) above.

    Directory Information

    The district has the option under FERPA of designating certain categories of student information as “directory information.” The Board directs that “directory information” include a student’s

      • Name,
      • Address, (except information about a homeless student’s living situation, as described below)
      • Telephone number,
      • Grade level,
      • E-mail address, and
      • Enrollment status.

    Information about a homeless student’s living situation will be treated as a student educational record, and will not be deemed directory information. A parent/guardian or eligible students may elect, but cannot be compelled, to consent to release of a student’s address information in the same way they would for other student education records. The district’s McKinney-Vento liaison will take reasonable measures to provide homeless students with information on educational, employment, or other postsecondary opportunities and other beneficial activities.

    The district permits any parent/guardian to select the school’s address as the student’s address for purposes of directory information.

    Social security numbers or other personally identifiable information will not be considered directory information.

    Students who opt out of having directory information shared are still required to disclose their student ID cards.

    Once the proper FERPA notification is given by the district, a parent/guardian or student will have 14 days to notify the district of any objections they have to any of the “directory information” designations. If no objection is received, the district may release this information without prior approval of the parent/guardian or student for the release. Once the student or parent/guardian provides the “opt-out,” it will remain in effect after the student is no longer enrolled in the school district.

    The district may elect to provide a single notice regarding both directory information and information disclosed to military recruiters and institutions of higher education.

    Cross-ref:

    Ref:

     

    Adopted February 3, 2015
    Revised and Adopted April 28, 2020

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    5500-R Student Records – Regulation

    The confidentiality of student records must be maintained. The terms used in this regulation are defined in the accompanying policy. The following necessary procedures have been adopted to protect the confidentiality of student records.

    Section 1. Pursuant to the Family Educational Rights and Privacy Act (FERPA) and state law, the school district will permit parents/guardians and eligible students to inspect and review any and all official records, files and data directly related to that student, including all materials that are incorporated into each student’s cumulative record folder.

    The rights created by FERPA and state law transfer from the parents/guardians to the student once the student attains eligible student status. However, districts can disclose information to parents of eligible students under certain circumstances, including when the student is a dependent under the IRS tax code, when the student has violated a law or the school’s rules regarding alcohol or substance abuse (and the student is under 21); when the information is needed to protect the health or safety of the student or other individuals.

    Section 2. Parents/guardians or the eligible student will have an opportunity for a hearing to challenge the content of the student’s school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

    Section 3. Notification will be sent annually to parents/guardians of students currently in attendance and eligible students currently in attendance informing them of their rights pursuant to FERPA and state law, and will include a Parents’ Bill of Rights, all of which will be posted on the district website. See Exhibits 5500-E.1 and 8635-E. The district will effectively notify parents, guardians and students who have a primary or home language other than English.

    Section 4. To implement the rights provided for in sections 1 and 2, the following procedures are adopted:

      1. A parent/guardian or an eligible student who wishes to inspect and review student records must make a request for access to the student’s school records, in writing, to the Building Principal. Upon receipt of such request, once the district verifies the identity of the parent/guardian or eligible student, arrangements will be made to provide access to such records within 30 calendar days after the request has been received. If the record to which access is sought contains information on more than one student, the parent/guardian or eligible student will be allowed to inspect and review only the specific information about the student on whose behalf access is sought.
        1. Before providing access to student records, the district will verify the identity of the parent/guardian or eligible student.
        2. The district may provide the requested records to the parent/guardian or eligible student electronically, as long as the parent/guardian or eligible student consents. The district will transmit PII electronically in a way that maintains its confidentiality, using safeguards such as encryption and password protection.
      2. A parent/guardian or an eligible student who wishes to challenge the contents of the student’s school records must submit a request, in writing, to the Building Principal identifying the record or records which they believe to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student together with a statement of the reasons for their challenge to the record.
      3. Upon receipt of a written challenge, the Building Principal will provide a written response indicating either that the Building Principal:
        1. finds the challenged record inaccurate, misleading or otherwise in violation of the student’s rights and that the record will be corrected or deleted; or
        2. finds no basis for correcting or deleting the record in question, but that the parent/guardian or eligible student will be given an opportunity for a hearing. The written response by the Building Principal will be provided to the parent/guardian or eligible student within 14 days after receipt of the written challenge. The response will also outline the procedures to be followed with respect to a hearing regarding the request for amendment.
      4. Within 14 days of receipt of the response from the Building Principal, a parent/guardian or eligible student may request, in writing, that a hearing be held to review the determination of the Building Principal.
      5. The hearing will be held within 10 days after the request for the hearing has been received.  The hearing will be held by the Superintendent of Schools, unless the Superintendent has a direct interest in the outcome of the hearing, in which case the Superintendent will designate another individual who does not have a direct interest in the outcome of the hearing to hold the hearing.
      6. The parent/guardian or eligible student will be given a full and fair opportunity to present evidence at the hearing.  The parent/guardian or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.
      7. The Superintendent or other individual designated by the Superintendent will make a decision in writing within 14 days after the hearing.

      8. After the hearing, if the Superintendent or the individual designated by the Superintendent decides not to amend the record, the district will inform the parent/guardian or eligible student that they have the right to place a statement in the record commenting on the contested information or stating why they disagree with the decision of the district.  Any statement placed in the record will be maintained with the contested part of the student record for as long as the record is maintained.  Further, the statement will be disclosed by the district whenever it discloses the portion of the record to which the statement relates.

    Section 5. Except to the extent that FERPA authorizes disclosure of student records without consent, student records, and any material contained therein which is personally identifiable, are confidential and will not be released or made available to persons other than parents/guardians or eligible students without the prior written consent of the parents/guardians or eligible student. 

    Exceptions to FERPA’s prior consent requirement include, but are not limited to disclosure:

    1. To other school officials within the district who have been determined to have legitimate educational interests.
    2. To officials of another school, school system or post-secondary institution where the student seeks or intends to enroll.
    3. To authorized representatives of the Comptroller General of the United States, the U.S. Secretary of Education, the U.S. Attorney General, or state and local education authorities in connection with an audit or evaluation of a federal- or state-supported education program or in compliance with legal requirements related to those programs.
    4. In connection with the student’s application for or receipt of financial aid.
    5. To state and local officials or authorities in compliance with state law that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are being released.
    6. To organizations conducting studies for, or on behalf of, education agencies or institutions, in order to develop tests, administer student aid, or improve instruction.
    7. To accrediting organizations to carry out their accrediting functions.
    8. To parents of a dependent student, as defined by the Internal Revenue Code.
    9. To comply with a judicial order or lawfully issued subpoena, including ex parte court orders under the USA Patriot Act.  Prior to complying with a judicial order or subpoena, the district will make a reasonable effort to notify the parent/guardian or eligible student, unless the district has been ordered not to disclose the existence or content of the order or subpoena, or unless the parent is the subject of a court proceeding involving child dependency or child abuse and neglect matters, and the order is issued in context of that proceeding.
    10. In connection with a health or safety emergency, the district will disclose information when, taking into account the totality of circumstances, a determination is made that there is an articulable and significant threat to the health or safety of the student or other individuals.

    11. To teachers and school officials in other schools who have legitimate educational interests in the behavior of the student when the information concerns disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.

    12. To provide information that the district has designated as “directory information.”

    13. To provide information from the school’s law enforcement unit records.

    14. To a court, when the district is involved in legal action against a parent or student, those records necessary to proceed with the legal action.

    15. To the U.S. Secretary of Agriculture, its authorized representatives from the Food and Nutrition Service, or contractors acting on its behalf, to monitor, evaluate and measure performance of federally-subsidized school food programs, subject to certain privacy protections.

    16. To any caseworker or representative of a state or local child welfare agency or tribal organization who has the right to access a student’s case plan, where the agency or organization is legally responsible for the care and protection of that student, not to be redisclosed except as permitted by law.

    The district will use reasonable methods to provide access to student educational records to only those authorized under the law and to authenticate the identity of the requestor.  The district will use an array of methods to protect records, including physical controls (such as locked cabinets), technological controls (such as role-based access controls for electronic records, password protection, firewalls, encryption), and administrative procedures.   The district will document requests for and release of records, and retain the documentation in accordance with law.

    If the district enters into a contract with a third party that calls for receipt of student personally identifiable information (PII) by the contractor, the agreement will include a data security and privacy plan that includes a signed copy of the Parents’ Bill of Rights and addresses the following, among other contractual elements:

      1. training of vendor employees regarding confidentiality requirements;
      2. limiting access to PII to those individuals who have a legitimate educational interest or need access to provide the contracted services;
      3. prohibiting the use of PII for any other purpose than those authorized under the contract;
      4. prohibiting the disclosure of PII without the prior written consent of the parent/guardian or eligible student, unless it is to a subcontractor in carrying out the contract, or unless required by statute or court order, in which case they must provide notification to the district (unless notice is prohibited by the statute or court order);
      5. maintaining reasonable administrative, technical and physical safeguards to protect student personally identifiable information (PII);
      6. using encryption technology to protect PII while in motion or in its custody to prevent unauthorized disclosure;
      7. breach and notification procedures.

    The district will, via written agreements, designate authorized representatives who have access to educational records.  The written agreement will specify how the work falls within the exception, what personally identifiable information is to be disclosed, how the educational record will be used, and that the records will be destroyed by the authorized representative once they are no longer needed for that purpose or the agreement expires.

    Section 6. Whenever a student record or any material contained therein is to be made available to third persons, other than those covered by the exceptions authorized by FERPA, the parent/guardian or eligible student must file a written consent to such action.  The written consent must specify the records to be released, the reasons for such release, and to whom. If the parent or eligible student so requests, the district will provide them with a copy of the records disclosed.  In addition, if the parent of a student who is not an eligible student so requests, the district will provide the student with a copy of the records disclosed.

    Section 7. Unless specifically exempted by FERPA, all persons requesting access to such records will be required to sign a written form which indicates the legitimate educational interest that such person has in inspecting the records. Such form will be kept with the student’s file and will be maintained with the student’s file as long as the file is maintained.

    Additional Rights Under New York State Law Related to the Protection of Student Data and Third Party Contractors

    New York State Law offers parents additional rights beyond FERPA in regard to third party contractors and student PII.  The district will post on its website and distribute a ‘Parents’ Bill of Rights for Data Privacy and Security.’  The ‘Parents’ Bill of Rights’ will establish the following:

      • Educational purpose:  The use of student personally identifiable information (PII) is for educational or related purposes only.
      • Transparency:  Disclosure of third party contracts and their privacy provisions.
      • Authorization:  Assurance that proper authorization will be secured prior to the release of PII.
      • Security:  A description of the measures in place to protect PII, without compromising the security plan.
      • Data Breach Notification:  An explanation of the procedures in the event of a data breach.
      • Complaint Procedure:  The district offers a complaint procedure in the event that a parent suspects a breach of student data by a third party contractor and provides information about lodging a complaint with the New York State Education Department’s Chief Privacy Officer.

    See policy 8635 (and regulation 8635-R), Information and Data Privacy, Security, Breach and Notification for more information on data security and breaches of PII, and 8635-E for the Parent’s Bill of Rights for Data Privacy and Security.

    Retention and Disposition of Student Records

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

    Reviewed February 3, 2015
    Revised and Adopted April 28, 2020

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    5500-E.1 Student Records – Family Educational Rights and Privacy Act (FERPA) Notice Regarding Access to Student Records and Student Information

    Dear Parent or Eligible Student:
    This is to advise you of your rights with respect to student records pursuant to the Family Educational Rights and Privacy Act (FERPA). FERPA is a federal law designed to protect the privacy of student records. The law gives parents and students over 18 years of age (referred to in the law as “eligible students”) the following rights:

    1. The right to inspect and review the student’s education records within 30 business days of the day the district receives a request for access. Parents or eligible students should submit to the Building Principal a written request that identifies the records they wish to inspect. The Principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
    2. The right to request the amendment of the student’s education records that the parent or eligible student believes is inaccurate or misleading or otherwise in violation of the student’s privacy under FERPA. Parents or eligible students may ask the district to amend a record that they believe is inaccurate or misleading by writing the Principal, clearly identifying the part of the record they want changed, and specifying why it is inaccurate or misleading.

    If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
    3. The right to provide written consent before the district discloses personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The exceptions, which permit disclosure without consent, include disclosure to school officials with legitimate educational interests or an authorized representative. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task(such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
    An authorized representative is any individual or entity designated by a State or local educational authority or a Federal agency headed by the Secretary, the Comptroller General or the Attorney General to carry out audits, evaluations, or enforcement or compliance activities relating to educational programs.
    Upon request, the district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
    For a complete list of exceptions to FERPA’s prior consent requirements see regulation 5500-R, Section 5.

    4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The Office that administers FERPA is:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202-4605
    Attached to this notice are other important documents related to student data privacy: 5500-E.2, Notification of Directory Information Designations; 5500-E.3, Opt Out of Release of Directory Information Form; 5500-E.3.1 Sample Notification Opt Out of Release of Disclosure to the Military, 5500-E.4, Parents’ Bill of Rights for Data Privacy and Security; 5500-E.4.1 Parents’ Bill of Rights for Data Privacy and Security- Third Party Contractor Supplement; and 5500-E.5 Guilderland High School Transcript Request Form, . If you have questions about these notices, please contact me at (insert contact information)
    Sincerely,
    {Insert Building Principal’s Name Here}
    Reviewed February 3, 2015

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    5500-E.2 Student Records – Notification of Directory Information Designations Exhibit

    In addition to the rights outlined in the accompanying letter (5500-E.1), FERPA also gives the school district the option of designating certain categories of student information as “directory information.” Directory information includes student:

    • student’s name,
    • parent’s name(s),
    • address,
    • academic interests,
    • participation in officially recognized school activities and sports,
    • periods of school attendance,
    • graduation,
    • awards received, photograph, art work, and
    • future educational plans.

    You may object to the release of any or all of this “directory information.” However, you must do so in writing within 10 business days of receiving this notice. If we do not receive a written objection, we will be authorized to release this information without your consent. For your convenience, you may note your objections to the release of directory information on the enclosed form (5500-E.3) and return it to the Building Principal.

    Reviewed February 3, 2015

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    5500-E.4.1 Student Records – Third Party Contractors Exhibit

    The district engages several third party contractors to provide services. In this capacity, the company may collect, process, manage, store or analyze student personally identifiable information (PII).
    The district will require that each third party contractor use the education records only for the purposes explicitly authorized by the district and no other.
    The third party contractor will ensure that subcontractors or others that the company shares PII will abide by data protection and security requirements by use of password protections, administrative procedures, encryption and firewalls.

    The third party contractor will take reasonable measures to ensure the confidentiality of student PII by maintaining reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of personally identifiable student information in its custody; and use encryption technology to protect data from unauthorized disclosure using technology or methodology specified by the secretary of the United States Department of Health and Human Services.

    Parents may challenge the accuracy of PII held by a third party contractor by contacting Dr. Lin Severance, Records Access Officer, G.C.S.D., PO Box 18, 8 School Road, Guilderland Center, NY12085, (518)456-6200-x3117;
    records.accessofficer@guilderlandschools.net).

    Once the contractor has completed its service to the district, records containing student PII will be destroyed.

    Reviewed February 3, 2015

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    5550 Student Privacy

    The Board recognizes its responsibility to enact policies that protect student privacy, in accordance with law. This is particularly relevant in the context of the administration of surveys that collect personal information, the disclosure of personal information for marketing purposes and in conducting physical exams.

    Surveys

    The Board of Education recognizes that student surveys are a valuable tool in determining student needs for educational services. Parents have the right to review all instructional material that will be used for a survey, analysis, or evaluation as part of a U.S. Department of Education (DOE) funded program. In addition, no minor students under 18 years of age may without parental consent, take part in a survey, analysis or evaluation funded in whole or in part by the U.S. Department of Education that reveals information concerning:

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

    Parent/guardians have the right to submit a written statement to opt their child out of participation in any surveys dealing with subject matter referenced above.

    Marketing

    The school district shall not collect, disclose, or use personal information gathered from students for the purpose of marketing or selling that information, or providing it to others for that purpose. This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to students or educational institutions, such as:

    a. College or other postsecondary education recruitment, or military recruitment;
    b. Book clubs, magazines and programs providing access to low-cost literary products;
    c. Curriculum and instructional materials used in schools;
    d. Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for students or to generate other statistically useful data for the purpose of securing such tests and assessments, and the subsequent analysis and public release of the aggregate data from such tests and assessments;
    e. Student recognition programs; and
    f. The sale by students of products or services to raise funds for school-related activities.

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

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

    Inspection of Instructional Material

    Parents/guardians shall have the right to review [inspect], upon request, any instructional materials, used as part of the educational curriculum for students. AInstructional materials@ are defined as: Ainstructional content that is provided to a student, regardless of format including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). It does not include tests or academic assessments.@
    A parent/guardian who wishes to [inspect and] review such instructional material shall submit a request in writing to the Building Principal. Upon receipt of such request, arrangements shall be made to provide access to such material within ten (10) school days after the request has been received.

    Physical Examination

    Parents shall be notified of their right for students to opt out of participation in the administration of “invasive physical examinations” which mean any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injecting into the body, but does not include a hearing, vision or scoliosis screening. It does not apply to any physical examination or screening required or permitted under State law, including those permitted without parental notification. State law ‘903 requires each student in grades 1, 3, 7 and 10 will have a physical examination by family or school doctor. Hearing, vision, scoliosis and BMI screenings will be performed by the school district.

    Notification

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

    Adopted February 1, 2011
    Adopted April 12, 2016

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    5550-E Student Privacy Exhibit – Notification to Parents

    Dear Parent/Guardian:
    The Board of Education recognizes that student privacy is an important concern of parents and the Board wishes to ensure that student privacy is protected pursuant to the Protection of Pupil Rights Amendment, as revised by the No Child Left Behind Act. To that end, the board has
    [adopted/revised] a policy on student privacy.
    Pursuant to the Protection of Pupil Rights Amendment, as revised by the No Child Left Behind Act, and the [name of school district] policy on student privacy, you have the right to opt your child out of the following activities:

    A. The collection, disclosure and use of personal information gathered from students for the purpose of marketing or selling that information. This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to students, such as:
    1. College or other postsecondary education recruitment, or military recruitment;
    2. Book clubs, magazines and programs providing access to low-cost literary products
    3. Curriculum and instructional materials used in schools;
    4. Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for students or to generate other statistically useful data for the purpose of securing such tests and assessments, and the subsequent analysis and public release of the aggregate data from such tests and assessments;
    5. Student recognition programs; and
    6. The sale by students of products or services to raise funds for school-related activities.
    B. The administration of any survey revealing information concerning one or more of the following:
    1. political affiliations or beliefs of the student or the student’s parent;
    2. mental or psychological problems of the student or the student’s family;
    3. sex behavior or attitudes;
    4. illegal, anti-social, self-incriminating or demeaning behavior;
    5. critical appraisals of other individuals with whom respondents have close family relationships;
    6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
    7. religious practices, affiliations or beliefs of the student or the student’s parent; or
    8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

    C. The administration of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school not necessary to protect the immediate health or safety of the student or other students and not otherwise permitted or required by state law. The term “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injecting into the body, but does not include a hearing, vision or scoliosis screening. It does not apply to any physical examination or screening required or permitted under State law, including those permitted without parental notification.
    At this time, we expect that activities related to the above-mentioned items will take place on or close to the following dates:

    [Insert list of marketing, survey and physical examination activities for which notice must be given.]

    Please review this list. If there are any activities you wish to “opt out” of on behalf of your child, please sign and return this form to the school within 10 days.
    If you have any questions about the district’s student privacy policy and your right to opt your child out of certain activities, please contact [insert name and telephone number of Building Principal].
    Sincerely,
    Building Principal
    Reviewed February 1, 2011

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    5605 Voter Registration for Students

    The Board of Education believes that getting young people involved in the election process helps to secure the future of democracy by preparing young people to be educated, engaged voters who have formed that habit of voting and contributing to civic life early.

    In accordance with the law, and in an effort to promote student voter registration, the Board directs the building principal or designee to offer all students who are at least 16 years old (but will not be 18 years old by the next election) opportunities to pre-register to vote. Students who are or will be at least 18 years old by the next election will also be offered opportunities to register to vote. These students must be otherwise qualified to register to vote. Students pre-registering to vote will be automatically registered upon reaching the age of eligibility following verification of the person’s qualifications and address.

    The district will provide students with access to voter registration and pre-registration applications during the school year, and assistance with filing such applications. The district will inform students of the state requirements for voter registration and pre-registration. The district will meet these obligations by offering registration and pre-registration materials through homeroom at different times during the year, offering materials at a participation in government program, displaying posters and applications in the school office, and hosting voter registration and pre-registration events throughout the year.

    Students who do not wish to register or pre-register to vote do not have to do so. There will be no penalty (including participation grades or credits) for choosing not to register or pre-register.

    Ref: Election Law § 5-507

    Adopted July 2, 2019
    Revised, Adopted January 16, 2024

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    5620 Pregnant Students

    The Board of Education recognizes the opportunity to receive an education as a prerequisite to leading a full and productive life. Therefore, pregnant students will be encouraged to continue participation in the public school program.
    As soon as pregnancy is medically confirmed, the Board recommends that the student and her parent(s) or guardian(s) consult with the Building Principal and other appropriate staff to plan an appropriate education program.
    A minor under 16 must continue her education. During pregnancy and the period of pregnancy-related disability which follows childbirth, a student shall be entitled to home instruction, upon the request and submission of a physician’s note recommending homebound instruction. Every effort will be made to see that the educational program of the student is disrupted as little as possible; that available student health and counseling services, as well as instruction, are provided; that the student is encouraged to return to high school after delivery; and that every opportunity is given to complete high school. A pregnant student who desires to attend regularly scheduled classes prior to the time of childbirth may do so to the extent that her physician approves of such attendance. A minor under 16 must return to school after the period of disability that follows childbirth.

    Adopted November 20, 2012

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    5660 Student Gifts and Solicitations

    Only those organizations granted approval by the Board of Education shall have permission to solicit donations and contributions from students. All fund-raising activities must be voluntary and in accord with the Rules of the Regents and the State Education Department’s “Guidelines Relating to Solicitation of Charitable Donations from Children”. No direct solicitation of students is permitted during school hours.
    The following constitute permissible indirect forms of solicitation, and the Board has the authority to determine which, if any, forms it will allow:

    1. the sale of tickets to a social, musical, or athletic event where a portion of the funds go to a charitable purpose;
    2. the recruitment of students during school hours to participate in fund-raising activities to be conducted off school premises and/or when school is not in session. School personnel are permitted to hang posters or distribute flyers notifying students of these activities. However, school personnel may not act as a conduit and collect funds from students on behalf of a charity for which they recruited; and
    3. the placement of a bin or collection box in a hallway or other common area for the voluntary donation of food, clothing or money.

    Gifts

    Students are discouraged from presenting the school staff with elaborate gifts. Inexpensive gifts will be allowed when reasonable to express gratitude. Letters of appreciation are always welcome.

    Adopted July 5, 2011
    Adopted April 12, 2016

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    5695 Students and Personal Electronic Devices

    The Board of Education recognizes that there are personal electronic devices that have educational applications. These devices shall be allowed to be used in classrooms when they are included as part of a lesson under the direction of a teacher.
    The Board acknowledges that personal electronic devices can be a positive means to facilitate communication; however, the display and/or use of such devices can cause disruption to the educational process.
    Therefore, to prevent such disruption of the educational process, the display and/or use by students of personal electronic devices shall be administered in accordance with age-appropriate procedures.
    In emergency situations, exceptions to the prohibition of the use of personal electronic devices may be granted by teachers or administrators.
    Misuse of any of these electronic devices will result in its confiscation as outlined in the code of conduct. Some uses of personal electronic devices constitute violation of the school district code of conduct and in some instances, the law. The school district will cooperate with law enforcement officials as appropriate.

    Adopted: June 9, 2009
    Revised and Adopted February 9, 2010
    Revised, Adopted March 7, 2017

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    5695-E Students and Personal Electronic Devices – Exhibit

    Secondary Level

    Guilderland High School

    Below is the wording of our Electronic Device policy as it appears in the Student Agenda Handbook. The policy was just recently developed by Cabinet and implemented in Sept of 2007. The primary intent of the policy as adopted is two-fold:

    #1. To change the perspective of the students from one of cell phones and I-pods being something to which they are entitled; to something that they may be allowed to use at appropriate times and in appropriate situations.

    #2. Reassure teachers that they do indeed have the right to confiscate anything that they deem as being disruptive or distracting to the education process, while at the same time affording teachers the autonomy to allow occasional or situational use of such devices.(i.e., an advanced art teacher allowing students to listen to their I-pods while working on their drawings.)

    WALKMANS, CELL PHONES AND I-PODS

    Electronic, communication and entertainment devices are not to be used during class, assemblies or in any other instructional setting. They may, however, be used before and after school, during passing time, during your assigned lunch period and when specifically deemed appropriate for an instructional purpose or authorized by a staff member during Advisory. These electronic devices include, but are not limited to cell phones, I-pods, MP3 players, CD players and DVD players.
    Also, students may not use motion video or still photographic devices in the building unless given specific authorization by a staff member. The use of these devices in classrooms, or in other parts of the building is disruptive to the educational environment and is a risk to academic integrity and personal privacy.
    If an electronic device is seen during instructional time or photographic or video equipment is used without authorization, it may be confiscated by any staff person and will be returned to the student by an administrator at the conclusion of the school day. Any subsequent offenses may result in further disciplinary action and/or the device only being returned to a parent or guardian.

    Farnsworth Middle School Personal Electronic Devices

    (Source: 2008-09 Farnsworth Middle School Student/Parent Handbook)

    USE OF RADIOS, BEEPERS, CELLULAR PHONES, PERSONAL DIGITAL ASSISTANTS AND DIGITAL CAMERAS

    Radios, headsets, beepers, CD players, MP3 players, personal digital assistants, digital cameras, etc., are disruptions to the learning process. The use of these items during the school day is prohibited. All such equipment should be turned off and put in the student=s book bag before entering school. Book bags must be locked in lockers during the school day. Any of these devices that are found outside a student=s book bag will be confiscated. Students should see their House Principal to make arrangement for its return.

    CELLULAR PHONE USE

    The display and/or use of a cellular phone is prohibited by FMS students during the instructional day. Students= cellular phones must be turned off and secured at all times while at FMS. An exception to use a cellular phone may be granted by the supervising adult in an emergency situation. Misuse of a cellular phone or its features will result in its confiscation and a parent may be required to pick it up.

    ELEMENTARY LEVEL: Building specific – practices may be obtained from each elementary principal.

    Reviewed: May 12, 2009
    Reviewed January 5, 2010

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    5710 School Safety and Educational Climate (SSEC) Reporting

    The Board of Education is committed to promoting and maintaining the safety of all students, staff, and visitors to the schools. The Board is also committed to maintaining a school environment that is free from harassment, bullying, and discrimination. Consistent with these commitments and in accordance with state law and regulation, the district will submit an annual report to the Commissioner of Education regarding violent and disruptive incidents and material incidents of harassment/bullying/discrimination, as part of the New York State Education Department’s School Safety and Educational Climate (SSEC) Summary Data Collection. In addition, the Board will use this data to assess the safety and educational climate of its schools and, where appropriate, identify and take steps to improve the safety, security, and well-being of its students, staff, and visitors. 

    Reporting Requirement

     Each Building Principal is responsible for preparing on regular basis a report of all the violent and disruptive incidents and material incidents of harassment, bullying, and discrimination, that have occurred on school grounds, at a school function, or at a school-sponsored event and forwarding the report to the Superintendent of Schools. The Superintendent or designee is responsible for compiling the reports received from the Building Principals into the annual report and submitting the report to the Commissioner. The summary report will contain all the information required by law and will be filed with the Commissioner on or before a date set by the Commissioner. The Superintendent will also present this summary report to the Board at its first meeting following the filing of the report with the Commissioner. 
     
    Additionally, Building Principals are required to provide a regular report on data and trends related to harassment, bullying, and/or discrimination to the Superintendent at least once during each school year.
     
    The district is responsible for assuring that copies of each SSEC report, both individual and summary reports, are retained at the school until the youngest person involved in a reported incident is 27 years old. Individual incident report forms will not be kept in student cumulative folders nor sent to the next school or district that students attend. 

    Confidentiality

     Any violent or disruptive incident or harassment, bullying, and discrimination report prepared in accordance with law will be available for inspection by the State Education Department upon request.  All names and other personally identifiable information included in any report are confidential and must not be disclosed to any person for use by any person for purposes other than the reporting purposes in Education Law §2802, except as otherwise authorized by law.
      
    Cross-ref: 
    0115, Student Harassment and Bullying Prevention and Intervention
     
    Ref:     
    Education Law §§10-18 (Dignity for All Students Act); 2802 (Uniform Violent Incident Reporting System)
    8 NYCRR §100.2 (gg) (Uniform Violent Incident Reporting System) 
    8 NYCRR §185.15 (Appendix L) (Retention and Disposition Schedule LGS-1 for New York Local Government Records) 
     
    Adopted: May 23, 2023

     

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