- 8110 School Building Safety
- 8112 Health and Safety Committee
- 8121.1 Opioid Overdose Prevention
- 8121.1-R Opioid Overdose Prevention- Regulation
- 8130 School Safety Plans and Teams
- 8330 Authorized Use of District Owned Materials and Equipment
- 8332 District Owned Cell Phones
- 8332-R District Owned Cell Phones Regulation
- 8410 Student Transportation
- 8410-R Student Transportation Regulation
- 8414.4 Video Cameras on School Buses
- 8414.4-R Video Cameras on School Buses Regulation
- 8414.5 Alcohol and Drug-Testing of Bus Drivers
- 8414.5-R Alcohol and Drug-Testing of Bus Drivers Regulation
- 8414.5-E Alcohol and Drug testing Program Acknowledgment Form
- 8417 Spectator Buses Policy
- 8417-R Spectator Buses Regulation
- 8440 Transportation Services No Idling Policy
- 8500 Food Service Management
- 8500-R Food Service Management Regulation
- 8505 Charging School Meals and Prohibition Against Shaming
- 8520 Free and Reduced Price Meal Service
- 8630 Computer Resources and Data Management
- 8630-R Computer Resources and Data Management Regulation
- 8635 Information and Security Breach Notification
- 8635-R Information and Security Breach Notification Regulation
- 8635-E Parents’ Bill of Rights for Student Data Privacy and Security
- 8650 School District Compliance with Copyright Law
- 8650-R School District Compliance with Copyright Law Regulation
- 8800 Energy Management Conservation Policy
- 8800-R Energy Conservation and Building Management Regulation
8110 School Building Safety
The Board of Education recognizes that a safe, secure and healthy school environment is necessary to promote effective learning. The Board is committed to ensuring that all school buildings are properly maintained and preserved to provide a suitable educational setting.
Consistent with the requirements of state law and regulations, the Board will:
- Appoint a Health and Safety Committee composed of representation from district administration, school staff, bargaining units and parents that shall participate in monitoring the condition of occupied school buildings to assure that they are safe and maintained in a state of good repair.
- Review and approve all building condition surveys, and, when required by the State or the Commissioner of Education, visual inspections.
- Take immediate action to remedy serious conditions in school buildings affecting health and safety and report such conditions to the Commissioner of Education.
The Superintendent of Schools shall be responsible for the development of procedures for investigating and resolving complaints related to the health and safety issues in the district’s buildings consistent with requirements of state law and regulations.
7100, Facilities Planning
7365, Construction Safety
8112, Health and Safety Committee
8220, Buildings and Grounds Maintenance and Inspection
Education Law §§ 409-d (Comprehensive Public School Building Safety Program); 409-e (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring)
8 NYCRR Part 155 (Educational Facilities)
9 NYCRR Parts 600-1250 (Uniform Fire Prevention and Building Code)
Adopted October 5, 2021
8112 Health and Safety Committee
The Board of Education recognizes the importance of the participation of district staff and parents in promoting a safe, secure and healthy school environment. In accordance with Commissioner’s regulations, the Board will appoint a Health and Safety Committee composed of representation from district officials, staff, bargaining units and parents.
The committee will participate in monitoring the condition of occupied school buildings to assure that they are safe and maintained in a state of good repair. The Superintendent of Schools will ensure that the committee is appropriately involved in all of the activities required by the Commissioner’s regulations. Specifically, the committee will:
- Participate in the investigation and disposition of health and safety complaints.
- Consult with district officials in completing safety ratings of all occupied school buildings.
- Monitor safety during school construction projects including periodic meetings to review issues and address complaints related to health and safety resulting from the project.
- Upon completion of a construction project, conduct a walk-through inspection to ensure the area is ready to be reopened for use.
- Ensure that at least one member of the committee participates in any visual inspection required by the State or Commissioner of Education.
Expanded Health and Safety Committee
During construction projects, the Health and Safety Committee will be expanded to include the architect, construction manager and contractor. This expanded committee will:
- Participate in the investigation and disposition of health and safety complaints regarding the construction or maintenance project.
- Meet periodically to review issues and address complaints regarding health and safety arising from construction.
- Monitor safety during construction projects.
- After the work is completed, conduct a walk-through inspection to confirm that the area is ready to be reopened for use.
8 NYCRR Part 155 (Educational Facilities)
Adopted October 5, 2021
8121.1 Opioid Overdose Prevention
The Board of Education recognizes that many factors, including the use and misuse of prescription painkillers, can lead to the dependence on and addiction to opiates, and that such dependence and addiction can lead to overdose and death among the general public, including district students and staff. The Board wishes to minimize these deaths by the use of opioid overdose prevention measures.
Effective September 2017, the Board directs that the district shall operate an Opioid Overdose Prevention Program registered with the New York State Department of Health. The head school nurse is designated as the Program Director. The Board permits the administration of naloxone (also known as Narcan, among other names) nasal spray, by volunteer trained responder staff, to any student or staff member showing opioid overdose symptoms, along with contacting emergency responders pursuant to the naloxone training. The Board permits any staff member to volunteer to be trained in naloxone administration, via the district’s Opioid Overdose Prevention Program, by contacting the Program Director. Naloxone kits provided by the Program through the Department of Health shall be stored as indicated in the district’s policies and procedures for the Program. The district shall comply with all recordkeeping, inventory, documentation and notification requirements of state regulations. The Program Director shall maintain and distribute to the superintendent, building principals, and school nurses a list of all trained responders in the district.
The Board also directs the school medical director to issue a non-patient specific order to school nurses to administer intranasal naloxone (also known as Narcan, among other names). The non-patient specific order shall include a written protocol containing the elements required by the regulations of the Commissioner of Education. The Board permits school nurses to administer naloxone to any person at school or a school event displaying symptoms of an opioid overdose. The district shall provide the naloxone kits to be stored in a secure but accessible location consistent with the district’s emergency response plan, such as: the nurse’s office. Naloxone shall be accessible during school hours and during on-site school-sponsored activities.
Ref: Education Law §§922 (volunteer naloxone responder); 6527 (emergency treatment of anaphylaxis and opioid overdose); 3023 (liability coverage); 6909 (administration of naloxone by nurses)
Public Heath Law §3309 (volunteer naloxone responder)
8 NYCRR §§ 64.7 (administration of naloxone); Part 136 (school health services program, including naloxone)
10 NYCRR §80.138 (volunteer naloxone responder)
Guidance for Implementing Opioid Overdose Prevention Measures in Schools, New York State Education Department, 8/11/15, www.schoolhealthservicesny.com/files/filesystem/guidance_on_opioid_overdose_prevention_in_the_schools_final.pdf
Opioid Overdose Prevention: Guidelines for Policies and Procedures, New York State Department of Health, March 2014, www.health.ny.gov/diseases/aids/general/opioid_overdose_prevention/docs/policies_and_procedures.pdf
Adopted March 7, 2017
Revised, Adopted January 28, 2020
8121.1-R Opioid Overdose Prevention- Regulation
The district’s Opioid Overdose Prevention Program, registered with the New York State Department of Health (NYSDOH), shall establish and follow procedures for the use of naloxone, pursuant to state regulations, including: placement, storage, inventory and re-ordering, documenting and reporting incidents of usage, and volunteer responder training.
The district’s program shall provide individual naloxone kits. Naloxone kits provided by the district’s program shall be kept with the public access Automated External Defibrillator (AED). Extra naloxone kits shall be stored in the following location(s): in the nurse’s office and athletic trainer’s office.
An inventory of naloxone supplies shall be taken quarterly by the program director. Since the naloxone kits will be located in the Automated External Defibrillator (AED) case, the AED check will be performed at the same time, and the naloxone count will be recorded on the AED log. Recordkeeping of naloxone inventory shall be done in accordance with state regulations. Whenever an inventory check indicates that naloxone has been used, the program’s clinical director shall be notified. The head school nurse, as program director shall order replacement naloxone stocks to ensure adequate supply. Naloxone supplies that are near their expiration date shall be disposed of with the assistance of local law enforcement. The Program may also use expired naloxone for training purposes, as long as the expired naloxone is marked appropriately and not commingled with active supplies.
Every administration of naloxone shall be reported to both the school physician as clinical director and head school nurse as program director, of the district’s Opioid Overdose Prevention Program.
Every administration of naloxone, like administration of other emergency health care, shall be documented in a student’s health record and in a staff member’s personnel record by the school nurse with assistance from the volunteer responder who administered the naloxone. Documentation shall include all elements required by state regulations, and shall be signed by the person completing documentation. Naloxone will be documented in the individual’s cumulative health record for students, or consistent with applicable policies for care administered to staff. Documentation must include the date and time; the signs and symptoms displayed by the student or staff member prior to administrations; the student or staff member’s response to naloxone administration, if CPR/rescue breathing/AED was administered; the name of the EMS agency providing transport, along with the name of the health care facility the student/staff person was transported to; and signed by the person completing the documentation. Incident reports will be completed as per school district policy.
Training for volunteer responders shall be delivered by providers approved by the head school nurse as program director. The program director shall ensure that volunteer responders have completed the NYSDOH-approved curriculum and can demonstrate that they are trained (e.g., with a post-test and a skills compliance checklist) before issuing a certificate of completion.
School Nurse Administration of Naloxone
The school physician/clinical director shall develop procedures for the placement, storage, inventory, re-ordering, administration documentation, reporting, and training of the school nurse, regarding the use of naloxone.
The district shall ensure that there is always one backup naloxone kit per building for each kit that is ready to be used. When a naloxone kit is used, another backup kit will be ordered. Naloxone that is nearing its expiration date will be replaced. The school nurse shall maintain a log of naloxone supplies containing the following information: lot number, date of receipt, expiration date, and location. The school nurse shall perform an inventory check of naloxone supplies quarterly.
School nurses shall follow the non-patient specific order and written protocol for administration of naloxone, which includes criteria for assessment and directions for administration. School nurses shall review the order and protocol as needed to maintain an appropriate skill level.
School nurses shall document all administration of naloxone in the same manner as the administration of other medications under non-patient specific orders. School nurses shall report all administration of naloxone to the school physician/clinical director, building principal and superintendent.
District staff may volunteer as trained responders
The district shall follow the procedures established by the Guilderland C.S.D. Opioid Overdose Prevention Program, registered with the New York State Department of Health (NYSDOH), for the use of naloxone, including: placement, storage, inventory and re-ordering, documenting and reporting incidents of usage, and volunteer responder training.
Every administration of naloxone shall be reported to the clinical director and program director of the Opioid Overdose Prevention Program in which the district is participating, as well as the school nurse.
The district shall maintain a current list of all trained volunteer responders by building location that includes the date of the person’s most recent training, located in the head school nurse’s
office as program director. Those trained as volunteer responders in the administering of naloxone will be required to review training every year.
Reviewed October 24, 2017
Revised, Reviewed January 28, 2020
8130 School Safety Plans and Teams
Emergencies and violent incidents in schools are critical issues that must be addressed in an expeditious and effective manner. The Board of Education recognizes its responsibility to adopt and keep current a comprehensive district wide school safety plan and building-level emergency response plan(s) which address violence prevention, crisis intervention, emergency response and management.
Taken together, the district-wide and building level plans shall provide a comprehensive approach to addressing school safety and violence prevention, and provide the structure where all individuals can fully understand their roles and responsibilities for promoting the safety of the entire school community. The plans shall be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the district’s coordination with local and county resources. The plans shall also address risk reduction/prevention, response and recovery with respect to a variety of types of emergencies and violent incidents in district schools.
In accordance with state law and regulation, the district shall have the following safety teams and plans to deal with violence prevention, crisis intervention and emergency response and management:
Comprehensive district-wide school safety team and plan
The Board shall annually appoint a district-wide school safety team that includes, but is not limited to, a representative from the following constituencies: the Board, students, teachers, administrators, and parent organizations, school safety personnel and other school personnel. This team shall be responsible for the development and annual review of the comprehensive district-wide school safety plan. The plan shall cover all district school buildings and shall address violence prevention (taking into consideration a range of programs and approaches that are designed to create a positive school climate and culture), crisis intervention, emergency response and management including communication protocols, at the district level. It shall include all those elements required by law and regulation.
Building-level safety team and emergency response plans
Each Building Principal shall be responsible for annually appointing a school safety team that includes representation from teachers, administrators, parent organizations, school safety personnel, other school personnel, local law enforcement officials, local ambulance and other emergency response agencies. The school safety team shall be responsible for the development and review of a building-level emergency response plan for each district building. The plan(s) shall address communication, emergency response (including insuring that local responders have access to floor plans, blueprints, and other appropriate maps of school property and the immediate surrounding area), and evacuation at the building level and shall include all components required by law and regulation.
Within each building, the school safety team shall designate:
• an emergency response team that includes appropriate school personnel, local law enforcement officials and representatives from local, regional and/or state emergency response agencies to assist the school community in responding to a serious violent incident or emergency; and
• a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors and other related personnel to assist the community in coping with the aftermath of a serious violent incident or emergency.
The Building Principal shall be responsible for conducting at least one test every school year of the emergency response procedures under this plan including procedures for sheltering and early dismissal.
To maintain security and in accordance with law, the building-level emergency response plan(s) shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other law.
Annual Review and Report
All plans shall be reviewed and updated, if necessary, by the appropriate safety team year. In conducting the review, the teams shall consider any changes in organization, local conditions and other factors including an evaluation of the results of the annual test of the emergency response procedures which may necessitate updating of plans. If the plan requires no changes, then it shall remain in effect. If the district-wide plan requires change, then the updated plan shall be submitted to the Board of Education in time to allow 30-days of public comment and to hold a public hearing which provides for the participation of school personnel, students and other interested parties prior to Board adoption. If the building-level plan requires change, a summary of it will be made available for public comment and public hearing. All plans must be adopted by the Board of Education at its annual reorganization meeting.
The Superintendent of Schools shall be responsible for filing the district-level school safety plan and any amendments to the plan with the Commissioner within 30 days after their adoption. The district-wide S.A.V.E. plan will be posted on the district’s website. Each Building Principal shall be responsible for filing the building-level safety plan for his or her building and any amendments to the plan with the appropriate local law enforcement agency and the state police within 30 days after their adoption.
Revised, Adopted May 7, 2013
Revised, Adopted June 17, 2014
8220 Buildings and Grounds Maintenance and Inspection
To accommodate the district’s educational program, the Board of Education is committed to providing suitable and adequate facilities. To this end, proper maintenance and inspection procedures are essential. The Board directs the Superintendent of Schools to ensure that proper maintenance and inspection procedures are developed for every school building.
Consistent with federal and state law and regulations, the following items will be included in the district’s buildings and grounds maintenance and inspection procedures:
Comprehensive Maintenance Plan
A comprehensive maintenance plan for all major building systems will be instituted to ensure the building is maintained in a state of good repair. Such plan will include provisions for a least toxic approach to integrated pest management and establish maintenance procedures and guidelines which will contribute to acceptable indoor air quality. The plan shall be available for public inspection.
Procedures will also be established to ensure the safety of building occupants during maintenance activities including standards for exiting and ventilation, asbestos and lead protocols, noise abatement and control of chemical fumes, gases and other contaminants.
Building Condition Surveys
Each occupied district building will be assessed every five years by a building condition survey on a schedule established by the State Education Department (SED). This survey will be conducted by a team that includes at least one licensed architect or engineer and will include a list of all program spaces and inspection of building system components for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement. Building condition survey reports will be completed and submitted to the Commissioner of Education by the deadlines established by SED.
A visual inspection of building system components in each occupied district building will take place when required by the State of Commissioner of Education. The inspection will be conducted by a team including a local code enforcement official, the Facilities Director or his/her designee and a member of the Health and Safety Committee. The inspection will be made available to the public.
A corrective action plan will be developed by a licensed architect or engineer if a deficiency exists in the building.
Fire Safety Inspections
An annual inspection for fire and safety hazards will be conducted in accordance with a schedule established by the Commissioner of Education. The inspection will be conducted by a qualified fire inspector and the report will be kept in the district office. Any violation of the State Uniform Fire Prevention and Building Code shall be corrected immediately or within a time frame approved by the Commissioner.
Safety Rating System
A safety rating keyed to the structural integrity and overall safety of each occupied school building will be provided on an annual basis in consultation with the Health and Safety Committee. Safety ratings will
be based on the safety rating system developed by the Commissioner and will comply with all statutory and regulatory requirements.
Building Principals shall, on an on-going basis, undertake their own inspections of school buildings and grounds, searching for any dangerous or hazardous conditions and take immediate steps to remedy the problem.
6100, Annual Budget
7100, Facilities Planning
7365, Construction Safety
8110, School Building Safety
8112, Health and Safety Committee
8115, Pesticides and Pest Management
29 CFR §§ 1910 et seq. (OSHA Hazard Communication)
40 CFR Part 763 (Asbestos Hazard Emergency Response Act)
Education Law §§ 409-d (Comprehensive Public School Safety Program); 409-e (Uniform Code of Public School Buildings Inspections, Safety Rating and Monitoring); 807-a (Fire Inspections)
Labor Law §§ 875-883 (toxic substances)
Public Health Law §§ 4800-4808 (Right to Know, toxic substances)
Environmental Conservation Law § 33-0725 (Pesticides)
6 NYCRR Part 325 (Pesticides)
8 NYCRR §§ 155.1(Educational Facilities); 155.4 (Uniform Code of Public School Buildings
Inspection, Safety Rating and Monitoring); 155.8 (Fire and Building Safety Inspections)
9 NYCRR Parts 600-1250 (Uniform Fire Prevention & Building Code)
12 NYCRR Part 56 (Industrial Code Rule concerning asbestos)
Appeal of Anibaldi, 33 Educ. Dep’t Rep. 166 (1993) (district required to monitor student’s physical
symptoms when air quality caused health problems)
Guidelines for the Evaluation and Control of Lead-Based point Hazards in Housing, U.S. Department of
Housing and Urban Development, Washington D.C., June 1995)
IPM Workbook for New York State Schools, Cornell Cooperative Extension Community IPM Program with support from New York State Dept. of Environmental Conservation, August 1998
Adopted October 5, 2021
8330 Authorized Use of District Owned Materials and Equipment
The Board of Education permits the use of district-owned materials and equipment (e.g., laptop computers, cell phones, audio-visual equipment, etc.) by Board members, officers, and employees of the district when such material and equipment is needed for district-related purposes. The Board will also allow the loan of equipment to local governments and other entities that benefit the welfare of the surrounding community. The Board supports such inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly equipment and resources.
The Superintendent of Schools, in consultation with the School Business Official, shall establish regulations governing the loan and use of such equipment. Such regulations must address:
- the individuals who may properly authorize the use of such material and/or equipment;
- the lack of authority of the borrower to use such material or equipment for private, non-business purposes;
- the responsibilities of the borrower for proper use, care and maintenance;
- that, regardless of condition or other factors, all loaned equipment must be returned to the district. No item may be sold to or purchased by the borrower unless such equipment has been returned to the district for evaluation and, if necessary, disposal in accordance with district policy and procedures.
All equipment shall be inventoried and a list shall be maintained of the date such equipment was loaned, to whom it was loaned, and the date of expected and actual return.
Individuals borrowing district-owned equipment shall be fully liable for any damage or loss occurring to the equipment during the period of its use, and shall be responsible for its safe return. In addition, since employees are issued district owned equipment in connection with their work responsibilities, the individual using the district owned equipment should not have an expectation of privacy with respect to information contained on the device (e.g., computer files, images, messages).
The Business Office shall maintain records of all equipment that is loaned for long-term use (e.g., school year, term of office, etc.) and shall review such list yearly.
Cross-ref: 8332, Use of District Owned Cell Phones
8630, Computer Resources and Data Management
Adopted June 6, 2011
Revised and Adopted October 20, 2015
Adopted July 5, 2022
8332 District Owned Cell Phones
The Board of Education recognizes that certain district employees will be required to carry district-owned cell phones in order to meet job responsibilities. Such phones should be provided only when a less costly alternative (e.g., pager, radio) is not available or is not appropriate in the circumstances.
A list of job titles requiring district-owned cell phones shall be maintained by the assistant superintendent for business and reported to the Board each year at its reorganizational meeting in July. The district shall establish the level of service contract for each specific employee. Also, for the purpose of audit reviews, telephone records are not private. All such contracts shall be reviewed annually. A report will be prepared for the Board annually as well.
Employees shall make every attempt to use their cell phones for business purposes only and anything other than incidental private use is prohibited. In the event, an employee uses a district-owned cell phone for other than business purposes and beyond private incidental use, he/she shall reimburse the district for such non-business calls. Failure to follow these guidelines and to reimburse the district may result in revocation of the phone and discipline of the employee. In addition, since employees are issued district-owned equipment in connection with their work responsibilities, the individual using the district-owned equipment should not have an expectation of privacy with respect to information contained on the device (e.g., computer files, images, messages).
As with any district-owned equipment, employees must take proper care of cell phones and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office.
At least once per year, the assistant superintendent for business shall evaluate and report to the Board on the cost and effectiveness of the district’s cellular telephone plan.
Adopted: June 20, 2006
Revised and Adopted June 6, 2011
Reviewed and Adopted January 12, 2021
8332-R District Owned Cell Phones Regulation
District cellular phones are provided for business purposes. Effective July 1, 2006, the following positions are authorized for district-owned cellular telephones:
- District Office Administrators
- Building Principals
- Athletic Director
- Facilities Supervisors and Workers
- Computer Technicians and Chief Technology Coordinators
- Transportation Supervisors and Mechanics
- Food Service Director
At times, it may be necessary for this list to include additional personnel. In such cases, authorization will be provided by the Assistant Superintendent for Business and reported to the Board of Education.
Reviewed: June 20, 2006
Reviewed: June 6, 2011
Reviewed: January 12, 2021
8410 Student Transportation
The Board of Education is committed to providing a safe and economical transportation system for district students. Transportation shall be provided at district expense to those students who are eligible as authorized by the Board.
The major objectives in the management of the student transportation program shall include the following:
- to provide efficient, effective and safe service;
- to ensure that all students whose disability or distance from school requires them to receive necessary transportation do, in fact, receive it;
- to adapt the system to the demands of the instructional program;
- to maintain transportation vehicles in the best possible condition;
- to review at least once a year school bus schedules and routing plans to ensure that maximum efficiency and safety are maintained; and
- to review as necessary the eligibility for transportation of students residing in the district, to ensure that all students who are entitled to such services receive them.
Students are not entitled to “door to door” transportation. It is the responsibility of the parent, guardian, or daycare provider to ensure safe travel of the student(s) to and/or from the bus stop.
The Superintendent of Schools shall be responsible for administering the transportation program. The program shall comply with all applicable laws, regulations and policies established by federal, state and local authorities.
Cross-ref: 4531, Field Trips and Excursions
5320, Student Conduct on School Buses
6254, Nonresident Tuition
Ref: Education Law §§305(14); 1501-b; 1807; 3602(7); 3623; 3635 et seq.
Matter of Handicapped Child, 24 EDR 41
Matter of Zakrezewski, 22 EDR 391
Matter of Nowak, 22 EDR 91
Matter of Fox, 19 EDR 439
Appeal of Heuser, 36 id. 368
Appeal of DiNapoli, Decision No. 14,030
Appeal of Warner, 37 ED Dept Rep 469
Note: Policy added
Adopted April 27, 1999
Adopted December 7, 2010
Reviewed and Adopted June 16, 2015
Reviewed October 29, 2019
Reviewed February 1, 2022
8410-R Student Transportation Regulation
The following regulations will govern the administration of the student transportation program:
At a minimum, resident students who meet the following criteria shall be eligible for transportation:
- Students in grades 9-12 who live more than one (1) mile from school.
- Students in grades 6-8 who live more than one-half (1/2) mile from school.
- Students in grades K-5 who live more than one-fifth (1/5) mile from school.
- Students who attend non-public schools both inside the district, and outside the district, and who:
- have a legal residence which is fifteen (15) miles or less from home to entrance road of the non-public school, measured by the nearest available and passable public road; or,
- are transported by a parent/guardian to a centralized pick up point designated by the district that is not more than 15 miles from the non-public schools, and
- file the appropriate request for transportation forms with the Transportation Department in accordance with regulations.
- Students with disabilities who attend public or non-public schools which are located within and outside of the district, and who have a legal residence within the Guilderland School District.
Designation of bus stops, walking distances, centralized pick up points, and drop off locations
- Fixed bus stops will be established using the following guidelines:
- Authorized bus stops will be located at convenient intervals in places where students may be loaded and unloaded, cross highways, and await the arrival of buses with the utmost safety allowed by road conditions;
- Generally, dead-end and loop streets will not be serviced by school buses. Whenever possible, stops will be at the intersections of two streets;
- Numbers of students at bus stops will be varied according to the concentration of riders in an area, the degree of traffic, the presence of stop signs, speed limits, and bus turn-around requirements;
- Walking distances to pickup points may be varied according to grade level. Grade levels K-5 will not be required to walk distances in excess of 1/5 mile; grade levels 6-8 will not be required to walk distances in excess of 1/2 mile; and grades 9-12 will not be required to walk distances in excess of one (1) mile;
- Efforts will be made to minimize crossing of the road by students.
- Transportation will be provided on side roads that are maintained by town highway departments unless the lack of maintenance makes it unsafe for drivers and students to be traversing these roads. Examples of unsafe conditions are flooding, road erosion, ice, snow and mud.
- Transportation will not be provided on roadways that have not been dedicated and/or maintained by town, county, and/or state highway departments.
- Turnarounds will not be established unless adequate space is available and this space is properly maintained.
Requests for transportation to non-public schools and day care providers
Requests for transportation to private and parochial schools will be honored provided requests are made no later than April 1 of the preceding school year. New district residents have 30 days to submit transportation requests.
Parents/guardians may arrange for transportation of children who attend private/parochial school by submitting two copies of the Request for Transportation to Non-Public Schools form, directly to the Guilderland Transportation Office.
Resident students attending public or non-public schools located within the school district will be provided transportation to and from a licensed day care and/or babysitter throughout the school week. Students are permitted no more than two different drop-offs a week at unlicensed sites (i.e. relative’s home) within their elementary zone. Students seeking transportation outside of their elementary zone may only be accommodated if attending a New York State licensed day care center. The district will honor requests for day care transportation provided they are made no later than April 1 of the preceding school year. New district residents have 30 days to submit day care transportation requests.
School Sponsored Activities
When the school district provides transportation to students for a school-sponsored activity or event, it will also provide return transportation unless the parent or legal guardian of a participating student has given the district written notice authorizing an alternative form of return transportation for their student.
Public notification of routes and bus stops
Parents/guardians of resident children that attend public school within the Guilderland Central School District boundaries will receive a postcard or some other form of written communication or electronic access indicating the assigned morning and afternoon bus stop location and pickup/drop off times for each child prior to the first day of school.
Maximum student time on bus
New York State Education Law does not set maximum student ride times on the bus but requires school districts to determine a reasonable standard based on factors such as student age, the distance between a student’s home and school, safety, efficiency, cost, availability of buses, school opening and closing times, and the number of schools covered on a particular trip.
Maximum speed and timeliness standards
Although certain roadways may have a posted speed limit in excess of 55 miles per hour, New York State Education Law specifies that the maximum speed at which school vehicles engaged in student transportation may be operated shall be 55 miles per hour. The district endeavors to make sure routes are designed to ensure all students arrive to school on time. On a day-to-day basis, the bus could arrive a few minutes early or late when compared to the approximate pickup/drop off time depending on a wide variety of conditions or circumstances. However, on occasion, inclement weather, traffic delays, breakdowns, etc. can cause students to be significantly late being picked up, arriving at school, or returning home. Therefore, students should be at the bus stop at least five minutes earlier than the approximate pickup time and parents/guardians should allow ten to fifteen minutes beyond the approximate drop off time before contacting the Transportation Department.
For non-public private and parochial school students, it is not always possible to efficiently transport students to match the school’s starting and ending times. However, in those circumstances, every effort will be made to work with the non-public school to minimize any student impact.
Standards of conduct for students
In order to ensure a safe bus ride to and from school, the following rules must be observed:
- Keep all noise at a low level. No offensive language.
- Keep hands, feet, and all possessions to yourself.
- Respect others, school property, and yourself. The throwing of objects in or out of the bus is prohibited.
- Obey the bus driver.
- Remain seated until the driver gives permission for you to leave. The driver is authorized to assign seats.
- Eating, drinking, or the use of any tobacco product, including e-cigarettes on the bus is prohibited.
The driver’s responsibility is to safely transport the students to and from school. Students are expected to conduct themselves in an orderly and safe manner. Respect between students and the driver is the key to a safe bus ride. Distractions to the driver from behavioral problems present a serious danger to all passengers. Discipline problems will be referred in writing by the bus driver to the building principal. The penalty for continued misbehavior may range from suspension from riding the bus to suspension from school. All school rules apply while students are riding the buses. All students riding school buses are expected to maintain good conduct while traveling.
Suspension from Transportation
If a student does not conduct oneself properly on a bus, the bus driver is expected to bring such misconduct to the building principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended for up to five (5) days by the building principal or designee. In such cases, the student’s parent/guardian will become responsible for seeing that the 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 building principal or the principal’s designee to discuss the conduct and the penalty involved.
Video Cameras on School Buses
The Board of Education recognizes its responsibility to maintain and improve discipline and to ensure the safety and welfare of its staff and students on school transportation vehicles. After having carefully considered the rights of privacy with the district’s duty to ensure discipline for the health, welfare, and safety of staff and students on school transportation vehicles, the Board supports the use of video cameras on its school buses. Video cameras may be used to monitor student behavior on school vehicles transporting students to and from school or extracurricular activities. Students found violating bus conduct rules will be subject to disciplinary action in accordance with the district’s Code of Conduct. The district shall comply with all applicable state and federal laws related to personal records when the district is considering keeping the recording. Although video recordings will be used primarily for the purpose of evidence for maintaining discipline, the district may use the recordings for any other purpose it deems appropriate.
Standards of conduct for bus drivers and bus attendants
- Maintain a climate of mutual respect and dignity for all students regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression), or sex, which will strengthen students’ self-concept and promote confidence to learn.
- Maintain a safe, orderly environment on school buses to help to prevent bullying and harassment.
- Oversee practice drills for bus safety.
- Use student discipline forms when necessary.
- Maintain positive communication with students and parents/guardians.
- Confront issues of discrimination and harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.
- 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.
- Report as soon as possible incidents of harassment.
Transportation of Adults
Adults, including non-staff members, shall be permitted to ride school buses when assisting in the supervision of the students, such as in field trips. Transportation of other adults for their convenience is prohibited.
Vehicle maintenance and replacement
District vehicles will be maintained in accordance with New York State Department of Transportation (NYSDOT) standards and each bus will be subject to a NYSDOT inspection every six months. School buses cannot be operated unless they carry a certificate of inspection for the preceding six months.
Annually, the Supervisor of Transportation shall prepare and disseminate to the Board of Education a short and long-term replacement plan for bus purchases. The plan will include a recommendation for bus purchases for the following school year with an estimate of costs and state aid reimbursement.
4531, Field Trips and Excursions
5320- Student Conduct on District Provided Transportation
8414.4 Video Cameras on School Buses
Reviewed April 13, 1999
Reviewed November 16, 2010
Revised, Reviewed December 11, 2012
Revised, Reviewed May 22, 2018
Revised, Reviewed October 29, 2019
Revised, Reviewed February 1, 2022
8414.4 Video Cameras on School Buses
The Board of Education recognizes its responsibility to maintain and improve discipline
and to insure the safety and welfare of its staff and students on school transportation vehicles.
After having carefully considered the rights of privacy with the district’s duty to ensure discipline for the health, welfare and safety of staff and students on school transportation vehicles, the Board supports the use of video cameras on its school buses.
Video cameras may be used to monitor and record behavior on school vehicles transporting students to and from school or extracurricular activities.
The district shall comply with all applicable state and federal laws related to personal records when such recordings are considered for retention.
Video recordings shall be used primarily for the purpose of evidence for maintaining discipline. However, the district may use such recordings for any other purpose it deems appropriate.
The Superintendent of Schools is directed to develop regulations governing the use of video cameras in accordance with the provision of law and established Board policies and regulations.
Adopted October 8, 1996
Re-Adopted March 23, 2010
Reviewed and Adopted June 16, 2015
8414.4-R Video Cameras on School Buses Regulation
The following regulation will govern the use of video cameras on school buses:
1. Video cameras will be used on school buses transporting students to and from school or extracurricular activities at the direction of the Transportation Supervisor.
2. Staff and students are prohibited from tampering or otherwise interfering with video camera equipment.
3. The district will notify students, their parents or guardians, and staff at the beginning of each school year that video cameras may be used on school buses transporting students to and from school and extracurricular activities. The notice will include a copy of the district’s video camera policy and regulations. If used to assign discipline, a tape record of an incident may, upon request, be viewed by parents of others involved in the incident.
4. The district will comply with the provisions of state and federal law regarding personal records requirements as applicable in the district’s use of video recordings. Video recordings considered for retention will be maintained in accordance with established record procedures governing access, review and release of personal and other school district records.
5. All video recordings will be stored and secured to prevent tampering and ensure confidentiality.
6. A written log will be maintained of the date the recording was made, the vehicle videotaped, name of driver, the date of any viewing, and the signature(s) of the viewer(s).
7. Video recordings will be stored for 90 days after initial recording, whereupon such recordings may be released for erasure.
8. Review of videotapes will be conducted by the Transportation Supervisor and the Building Principal or their designee(s).
9. At the discretion of the Superintendent, viewing will be permitted at school-related sites including the transportation office, school buildings, or central administrative offices.
Reviewed November 26, 1996
Reviewed March 23, 2010
Reviewed June 16, 2015
8414.5 Alcohol and Drug-Testing of Bus Drivers
The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees, especially those in safety-sensitive positions. To ensure the safety of its students, the Board requires alcohol and controlled substance testing of certain “drivers,” operators of “other school buses”, and any other employee who is subject to such testing, in accordance with and as set forth in the applicable federal and state requirements.
1. “Driver” includes any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
2. “other school buses” include those covered by applicable federal regulations (see list below) and any other motor vehicle either owned by the district or by a private company, operated to transport students, children of students, teachers, and other supervisory persons to or from school or school activities.
Consistent with federal regulations, the district shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of drivers who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Employees holding such positions include:
1. drivers of vehicles designed to transport 16 or more passengers, including the driver;
2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
3. any other employee who may drive or service a listed vehicle (e.g. a mechanic who performs test drives, repairs, inspects, or loads or unloads a vehicle listed in 1 or 2 above).
Controlled substance and alcohol tests will be conducted for operators of all “other school buses” consistent with the procedures applicable to the implementation of federal regulations. Volunteers who drive a bus with passengers fewer than 30 days per year are not subject to such testing.
Generally, the required testing will be conducted at or prior to the time of employment and randomly throughout the school year. However, drivers are subject to additional testing under federal regulations when a supervisor has a reasonable suspicion that a driver has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the driver has been found to violate district policy and federal regulations; and after the driver’s return to duty.
In accordance with federal and state law, a driver may not drive if he or she:
1. possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
2. uses or is under the influence of alcohol or a controlled substance that is not lawfully prescribed within six hours or less before duty;
3. has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or
4. refuses to take a required alcohol or controlled substance test.
Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.
Enforcement of Driving Prohibitions
The school district will not require or permit drivers of vehicles listed above, as well as operators of all “other school buses” defined above, to be on duty or operate a listed vehicle or other school bus, if it appears that they have consumed a drug/controlled substance (except those lawfully prescribed) or alcohol within the preceding eight hours. This shall be based on the person’s general appearance, conduct, or other substantiating evidence. Those who maintain, repair, or garage listed vehicles or school buses that involves incidental driving without passengers, are exempt from this requirement, but are still prohibited from consuming controlled substances and alcohol within six hours of going on duty.
Response to Positive Testing Results
Any driver who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any driver found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, district policy, and/or law. Operators of “other school buses” subject to random testing pursuant to New York Law will be subject to the same consequences based upon an alcohol concentration of at least 0.02 but less than 0.04 as drivers listed above.
If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The driver may be required to complete a treatment program and/or be disciplined pursuant to district policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to followup testing. Operators of “other school buses” subject to random testing pursuant to New York
Law will be subject to the same consequences based upon an alcohol concentration of 0.04 or greater or a positive drug test as drivers listed above.
Should the district receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the district that the individual shall be re-tested and that re-test will become the test of record.
The Superintendent of Schools shall ensure that a copy of this policy, the district’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is provided to all drivers and operators of “other school buses” prior to the initiation of the testing program and to each driver or operator of “other school buses” subsequently hired or transferred to a position subject to testing.
9320, Drug-Free Workplace
9610, Staff Substance Abuse
Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306
49 U.S.C. §521(b)
49 CFR Part 391 (Qualifications/Disqualifications)
49 CFR Part 382 (Drug and Alcohol Testing Requirements)
49 CFR Part 40 (Testing Procedures)
49 CFR §395.2 (On-duty time defined)
Vehicle and Traffic Law §§509-g; 509-l; 1192; 1193
Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)
Replaced and Adopted: March 5, 2019
8414.5-R Alcohol and Drug-Testing of Bus Drivers Regulation
Any employee who operates a commercial motor vehicle, or other “school bus,” or is in a related safety-sensitive function described below shall be subject to alcohol and controlled substance testing in accordance with this regulation and applicable federal regulations and state law. An employee having any questions concerning the district’s policy or regulation, state law or applicable federal regulations shall contact the Superintendent of Schools.
Any treatment, rehabilitation program or discipline will be provided in accordance with district policy and/or collective bargaining agreements.
A. Employees Covered Under Federal Law
Employees covered under federal law include district employees who operate a commercial motor vehicle, perform in a related safety-sensitive position, and are required to obtain a commercial driver’s license. Such employees include:
1. drivers of vehicles designed to transport 16 or more passengers, including the driver;
2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
3. any other employee who may drive or service a vehicle listed in 1 or 2 above (e.g., a mechanic who performs test drives, repairs, inspects or loads or unloads a listed vehicle).
Such employees include, but are not limited to full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed or under lease to an employer or who operate a commercial motor vehicle at the direction or with the consent of the district.
B. Employees Covered Under State Law
Operators of “other school buses” are subject to testing as described in section III below. Other “school buses” include both those covered by applicable federal regulations as stated above, and any other motor vehicle either owned by the district or by a private company, operated to transport students, children of students, teachers, and other supervisory persons to or from school or school activities.
Certain specified employees will not be considered operators of “other school buses.” They include:
1. Volunteers who drive a school bus with passengers fewer than 30 days per year; and
2. Employees engaged in the maintenance, repair or garaging of buses, who in the course of their duties must incidentally drive a vehicle not covered under federal law without passengers.
C. Safety Sensitive Function
An employee is performing a safety-sensitive function that is covered by federal regulations when:
1. waiting to be dispatched, unless the driver has been relieved from duty;
2. inspecting, servicing or conditioning any commercial motor vehicle;
3. driving a commercial motor vehicle;
4. attending a vehicle being loaded or unloaded;
5. performing the driver requirements of the federal regulations pertaining to accidents;
6. attending to a disabled vehicle.
II. Driver Prohibitions and Consequences
Employees covered under federal law are required to be in compliance with district policy and regulation at the following times:
1. when performing any on-duty safety-sensitive functions, including all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility; and
2. during all time spent providing a breath sample, saliva sample or urine specimen and travel time to and from the collection site in order to comply with random, reasonable suspicion, post-accident, return-to-duty or follow-up testing.
Employees covered under both federal and state law are prohibited from driving a listed vehicle or performing other safety-sensitive duties if the employee:
a) possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
b) has consumed or is under the influence of alcohol or a controlled substance that is not lawfully prescribed within six hours before duty;
c) has an alcohol concentration of 0.02 or higher, or tests positive for controlled substances; or
d) refuses to take a required alcohol or controlled substance test. Refusal to submit shall mean the failure to provide adequate breath or urine without a valid medical explanation, receipt of verified adulterated or substituted substituted drug test result, or to engage in conduct that clearly obstructs the testing process, such as a failure to arrive for the drug testing or failure to sign the alcohol testing form prior to specimen collection.
In addition, an employee covered under federal law is prohibited from consuming alcohol within eight hours after being involved in an accident, or before undergoing a post-accident test, if such a test is required. Illegal drug use by drivers is prohibited on or off duty.
Drivers who violated the above prohibitions will be subject to the following enforcement actions:
1. Employees covered under federal law will be removed from their safety-sensitive functions if they violate the district’s policy or federal regulations pertaining to the possession or consumption of alcohol or controlled substances.
2. The Supervisor of Transportation or his/her designee will not require or permit employees covered under state law to be on duty or operate a listed vehicle or other school bus, if it appears that they have consumed a drug/controlled substance (except those lawfully prescribed) or alcohol within the preceding eight hours. This shall be based on the person’s general appearance, conduct, or other substantiating evidence. Those who maintain, repair, or garage listed vehicles or school buses that involves incidental driving without passengers, are exempt from this requirement, but are still prohibited from consuming controlled substances and alcohol within six hours of going on duty.
3. Any covered employee who tests 0.02 or greater but less than 0.04 will be removed from driving and other safety-sensitive duties until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.
4. In the event that any covered employee has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance or has refused to take a test, he or she will, in addition to immediate removal from driving and any other safety-related duties, not be returned to duty until he or she:
- has been evaluated by a substance abuse professional;
- has complied with any treatment recommendations; and
- has received a satisfactory result from a return to duty test.
5. Upon return to duty, the employee will be subject to follow-up testing. While New York Law permits the use of medical marijuana, federal law still prohibits its use. Any driver tested under the federal regulations, who tests positive for marijuana, even if such use is based upon a lawful certification under state law, will be found to have violated the federal regulations (DOT Office of Drug and Alcohol Policy and Compliance, Medical Marijuana Notice (Oct. 2009) at: https://www.transportation.gov/odapc/medicalmarijuana- notice).
III. Types of Testing
The Superintendent of Schools and the Supervisor of Transportation shall ensure that the following alcohol and drug tests are conducted and that any employee who is required to take such a test is notified prior to the test that it is required pursuant to federal regulations.
Notice will also be given in the case of pre-employment alcohol testing, that such test is required by state law.
1. Pre-employment: Controlled substance and alcohol tests will be conducted before all applicants are hired or after an offer to hire, but before actually performing safety sensitive functions for the first time. These tests will also be given when employees covered under federal or state law transfer to a safety-sensitive function.
2. Post-accident: Alcohol and controlled substance tests will be conducted if a driver covered under federal law is involved in an accident in which:
a. there has been a fatality; OR
b. the driver has received a citation for a moving violation in connection with the accident pursuant to the time limitations specified in the regulation AND EITHER
1. there is an injury treated away from the scene of the accident; or
2. there is a disabled vehicle towed from the scene.
3. Reasonable Suspicion: Alcohol and controlled substance tests will be conducted when the
Transportation Supervisor or other school official who has completed the minimum two hours of training has a reasonable suspicion that the driver covered under federal law has violated district policy and regulation. A “reasonable suspicion” must be based on specific, contemporaneous, articulable observations concerning the driver’s behavior, appearance, speech or body odors that are characteristic of controlled substance or alcohol misuse.
Alcohol tests can only be done just before, during or just after the employee covered under federal law drives a listed vehicle or performs other safety-sensitive duties. The supervisor who makes the determination of reasonable suspicion cannot do the testing.
4. Random Testing: For employees covered under federal law, random alcohol tests shall be conducted annually at a minimum rate established annually by the Federal Motor Carrier Safety Administration. Random alcohol tests must be conducted just before, during or just after the employee drives a listed vehicle or performs other safety-sensitive duties. For employees covered under federal law, random controlled substance tests shall be conducted annually at a minimum rate established annually by the Federal Motor Carrier Safety Administration. Random controlled substance tests may be conducted at any time.
Random alcohol and controlled substance tests must be unannounced and spread reasonably throughout the calendar year.
New York law requires employees covered by state law to be tested in conformance with federal regulations 49 CFR Part 382. Although federal regulations permit employers to perform random testing beyond what they require, a separate pool must be maintained for those employees covered by state law who do not meet federal requirements. The separate pool for these employees will be subject to testing at the same minimum rate annually established for drivers subject to the Federal Motor Carrier Safety Administration regulations.
5. Return-to-Duty Testing: Any covered employee who refused to take a test or has engaged in prohibited alcohol and controlled substance use, except for alcohol concentration of between 0.02 and 0.04, shall be required to take an alcohol or controlled substance test and achieve a satisfactory result before returning to duty in the safety-sensitive position. If removal was due to alcohol use, a satisfactory result will be less than 0.02 alcohol concentration. If removal was due to controlled substance use, a satisfactory result will be one that it is verified as negative. The test will not be administered until the employee has been evaluated by a substance abuse professional and has complied with any treatment recommendations.
6. Follow-Up Testing: After any covered employee who was found to violate the district’s policy against alcohol and controlled substance use returns to duty, he or she will be subject to at least six unannounced tests in the first 12 months following the employee’s return to duty. Follow-up testing may be extended for up to 60 months from the date of the employee’s return to duty. Follow-up alcohol testing may only be conducted before, during or after the driver has performed his or her driving duties.
IV. Testing Procedures
A. Alcohol Testing Procedures
Alcohol testing will be conducted with evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration. An approved nonevidential screening device may be used to perform screening tests but not for confirmation alcohol tests. The employee and the Breath Alcohol Technician conducting the test must complete the alcohol testing form to ensure that the results are properly recorded.
1. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a “negative” test.
2. If the alcohol concentration is 0.02 or greater, a second or confirmation test must be conducted. The confirmation test must be conducted using an EBT that meets the requirements of federal regulations.
3. If the confirmation test results indicate an alcohol concentration from 0.02 to 0.03999, the employee will be restricted from duty for at least 24 hours from the time of the test.
4. If the confirmation test results indicate an alcohol concentration equal to or greater than 0.04, the employee will be removed from all safety-sensitive duties and no return to duty will be permitted until the employee has successfully passed required return-to-duty tests. The employee must also be reviewed by a Substance Abuse Professional and comply with his/her recommendations. Follow-up tests will also be required.
5. For post-accident testing, the results of breath or blood tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for alcohol testing and the results are made available to the district.
All testing procedures will conform to the requirements outlined in federal regulations (49 CFR Part 40) for ensuring the accuracy, reliability and confidentiality of test results. These procedures include training and proficiency requirements for Breath Alcohol Technicians, quality assurance plans for the EBT devices including calibration, requirements for suitable test location, and protection of employee test records.
B. Drug Testing Procedures
The employee must provide a urine specimen at a collection site that meets federal requirements which will be analyzed at a laboratory certified and monitored by the U.S. Dept. of Health and Human Services.
1. Regulations require that each urine specimen be divided into one “primary” specimen and one “split” specimen.
2. All urine specimens are analyzed for the following drugs or drug metabolites (byproducts of the body metabolizing a drug):
a. Marijuana (metabolites)
b. Cocaine metabolites
c. Amphetamines (including methamphetamines, MDA and MDMA)
d. Opioids (including natural opiates such as codeine, morphine, heroin, and semi-synthetic opioids such as hydrocodone, hydromorphone, oxycodone, and oxymorphone)
e. Phencyclidine (PCP)
3. If the primary specimen confirms the presence of one or more of these drugs, the employee has 72 hours to request that the split specimen be sent to another certified lab for analysis. [Note: The employee must be removed from driving duties at this time–pursuant to federal regulations, the driver’s removal cannot await the result of split sample.]
4. All drug test results will be reviewed and interpreted by a physician (also called a Medical Review Officer) before they are reported to the district.
5. If the laboratory reports a positive result to the Medical Review Officer (MRO), the MRO shall interview the employee to determine if there is an alternative medical explanation for the drugs found in the employee’s urine specimen. If the employee provides appropriate documentation and the MRO determines that it is legitimate medical use of a prohibited drug, the drug test result is reported as negative.
6. If the MRO reports a positive drug result, the employee must be evaluated by a substance abuse professional and follow his/her recommendations prior to taking a return-to-duty test. Follow-up testing is also required.
7. For post-accident testing, the results of urine tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for controlled substance testing and the results are made available to the district.
All controlled substance testing shall comply with the requirements of the federal regulations (49 CFR Part 40) including procedures for the proper identification, security and custody of the sample, use of certified laboratories, assurance that all drug test results are reviewed and interpreted by a physician, and ensuring confidentiality of employee test records.
V. Dilute Specimen Testing
If the district receives a drug test result which is negative but dilute and the creatinine concentration is greater than 5mg/dl, the district shall require a re-test to be conducted in each of the following cases:
- Pre-employment tests
- Return-to-duty tests
- Follow-up tests
- Reasonable suspicion tests
- Random tests
The result of the re-test shall become the test of record. If the employee refuses to take the re-test it will be considered the same as a positive test result.
The Supervisor of Transportation and every other person designated to determine whether reasonable suspicion exists to require an employee covered by federal law to undergo reasonable suspicion testing must receive at least one hour of training on alcohol misuse and at least one additional hour of training on controlled substance use which they will use in making their determinations.
VII. Recordkeeping and Reporting
The Transportation Supervisor shall ensure that alcohol and drug testing records are maintained pursuant to applicable regulation and are available, if requested, for submission to the federal government or any State or local officials with regulatory authority over the employer or any of its drivers.
The following personal information must be reported to the Department of Transportation (DOT) Clearinghouse for employees subject to DOT testing:
- a verified positive, adulterated or substituted drug test result;
- an alcohol confirmation tests with a concentration of 0.04 or higher;
- a refusal to submit to any test required by the regulations;
- An employer’s report of actual knowledge of on-duty alcohol use, pre-duty alcohol use, alcohol use following an accident, and controlled substance use;
- A substance abuse professional’s report of the successful completion of the return-to-duty process;
- A negative return-to-duty test; and
- An employer report of completion of follow-up testing.
VIII. Required Notification
Every covered employee shall receive information about the signs, symptoms, and effects of alcohol misuse and controlled substance use as well as a copy of the district’s policy and procedures, the consequences of testing positive and who to contact within the district to seek further information and/or assistance.
Each covered employee is required to sign a statement certifying that he/she has received this information. The district shall maintain the original signed certification until the employee’s employment is discontinued. The district will provide a copy of the certification to the covered employee upon request.
Any treatment, rehabilitation program or discipline will be provided in accordance with applicable law and regulations, district policy and/or collective bargaining agreements.
Any employer or driver who violates the requirements of the federal regulations of the Omnibus Transportation Employee Testing Act of 1991 may be subject to civil penalties.
In addition, in accordance with New York State law, a driver convicted of driving a listed vehicle with one or more student passengers while impaired by the use of drugs or alcohol will have his/her license revoked for one year and is subject to fines ranging from $500 to $5,000 and/or imprisonment. Any driver convicted more than once in 10 years for such crimes will have his/her license revoked for three years and is subject to a fine of $1,000 to $5,000 and/or imprisonment.
Replaced/Adopted: March 5, 2019
8414.5-E-Alcohol and Drug Testing Program Acknowledgment Form
Alcohol and Drug Testing Program Acknowledgment Form
I, (NAME HERE) , have received, read and understand the Alcohol and Drug Testing Program policy and regulation. I consent to submit to the alcohol and drug testing program as required by law and district policy and regulation.
I understand that if I am being required to submit to a pre-employment alcohol test or a dilute specimen re-test, such test is required pursuant to district policy for employment with the district and not pursuant to federal regulations.
I understand that if I violate district policy, regulation or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program. If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.
Reviewed December 13, 2005
Reviewed January 5, 2010
Reviewed June 16, 2015
Reviewed January 23, 2018
8417 Spectator Buses Policy
The Board of Education believes that spectators are an important, supportive component of the district’s athletic and extracurricular programs. To that end, the school district may provide bus transportation to student spectators for activities and events that occur off campus. Any spectator buses provided by the school district shall meet the following conditions:
- There is a minimum of 30 students signed up for the bus;
- All costs associated with the transportation of spectators must be covered by participants or the appropriate booster organization;
- If a district school bus is to be used, school district buses must be available for the date and time requested;
- Sufficient numbers of chaperones must be available to supervise students;
- All students must provide documentation of parental permission to ride on spectator bus;
- All participating students must agree to comply with all rules and regulations set forth in the Guilderland Central School District Code of Conduct and the Code of Behavior for Spectators as outlined in the Guilderland Central School District Athletic Code of Conduct.
Adopted April 29, 2014
Revised and Adopted January 12, 2021
8417-R Spectator Buses Regulation
The following guidelines will be used when considering spectator bus requests:
- A “Spectator Bus Request Form” completed by a sponsoring adult that includes a list of participants must be submitted to the high school principal at least three days prior to the trip, when practicable.
- At least 30 students must commit to ride on the bus, both to and from the event.
- Students must be in good standing, and they must be in school on the day of the trip (if the trip occurs on a day when school is in session).
- Spectator bus trips will not interfere with the normal school day.
- The cost of the trip will be determined by the transportation department or coach company and include a total per mile cost for the use of the bus and total compensation for the driver. The appropriate booster organization or student participants must indicate their willingness to fund any portion of the trip not covered by student fees.
- Full cost of the trip must be covered by student participants and/or funding from the appropriate booster organization.
- Appropriate supervision (1 adult for every 15 students) as determined by administration must be available for the trip to move forward. At least one adult must be a school district employee.
- The district will cover the cost of employee chaperones at the event.
- Students who take the spectator bus to the event must sit in the same section as chaperones assigned to the spectator bus.
- All students must submit a permission form signed by a parent or guardian.
- All students must adhere to the Guilderland Central School District Code of Conduct and the Code of Behavior for Spectators in the Guilderland Central School District Athletic Code of Conduct. Any violation will result in the removal of the student from any future trips.
- Students’ belongings may be subject to search consistent with Board Policy #5330.
- Documentation confirming that all of the guidelines outlined above have been met must be submitted to the principal no later than 24 hours before the departure of the bus.
Reviewed April 29, 2014
Revised and Reviewed January 12, 2021
8440 Transportation Services No Idling Policy
This policy shall be posted at the Transportation and Maintenance Departments; and the respective supervisors shall provide training to bus drivers/transportation and maintenance personnel on the District’s idling reduction program and other practices for environmentally friendly bus and school vehicle operations to reduce emissions and minimize exposure to exhaust. Appropriate signage shall be posted at each school to remind drivers and school staff of the policy.
Also, as may be applicable, the District shall ensure that vendors and contract bus companies receive a copy of the District policy regarding no idling and shall provide any educational materials, regulations and/or procedures developed by the District with regard to meeting training requirements of the District’s idling reduction program. Vendors and contract bus companies will be responsible to provide training for all currently employed bus drivers, transportation, and delivery personnel. The vendors and contract bus companies must also ensure that newly hired drivers, upon employment, are informed of the District policy and provided appropriate training regarding the expectations while on campus.
The District shall otherwise publish its No Idling Policy at its discretion which may include publication in the local newspaper, District calendar, the district website, and its local designated cable channel. Information shall be included in the District’s transportation manual as well.
The District will monitor and enforce compliance with this policy. Any person may report incidents of noncompliance by contacting the Transportation Supervisor or Maintenance Supervisor. Any significant violations by vendors and contract bus companies of District policy and/or regulations regarding excessive idling of vehicles while on a school campus shall result in revocation of their contract and they may be subject to sanctions provided for in law and/or regulations.
Ref: State Regulations: 6 New York Code of Rules and Regulations (NYCRR) Subpart 217-3
Adopted October 25, 2005
Adopted June 19, 2012
Reviewed and Adopted January 12, 2021
8500 Food Service Management
The district’s food services program shall be regarded as an integral component of its total educational program. The program shall be designed to improve children’s food habits, with an ultimate goal of students becoming nutritionally conscientious adults. The food service program will support and be consistent with the district’s wellness policy which strives to improve the overall health and nutrition of our students, staff and community.
The Board of Education recognizes that school cafeterias are a part of the total school program. The Board shall therefore provide adequate facilities, resources and personnel for the provision of food services for all elementary and secondary students in district schools.
All food service activities shall be under the direction and supervision of the Food Service Director and their staff under the supervision of the Assistant Superintendent for Business. The school food service should be operated in the most economical, efficient and satisfactory method given the student’s needs and the district’s resources.
Cross-ref: 8520, Free and Reduced Price Food Services
Ref: Education Law §305(14)(a)
Note: Prior policies, Policy Manual, 702; Questionnaire, Number 47, revised
Adopted November 28, 2006
Revised and Adopted January 5, 2010
Reviewed and Adopted June 16, 2015
Adopted July 5, 2022
8500-R Food Service Management Regulation
a. Aid children in developing desirable food habits.
b. Encourage children to eat foods new and unusual to them.
c. Contribute to the social education of children by providing them with opportunities to practice courtesy and desirable table manners.
d. Support and assist the district in meeting its student socialization and individualization goals.
a. Provide children a lunch that includes one-third (1/3) to one-half (1/2) of the child’s daily nutritional needs.
b. Keep informed of our society’s ever-changing standard of acceptable food products.
c. Assisting and maintaining an adequately nourished student body that is physically healthy, thus contributing to readiness for learning.
d. Provide free and reduced price lunches to approved students without identification or discrimination.
e. Follow the guidelines and update the Guilderland Central School District’s Wellness Policy annually.
All receipts and expenditures related to school food services shall be processed through a separate fund, the School Lunch Fund, which shall be subject to state and local annual audit. Financial reports shall be rendered to the Board of Education monthly.
The district goal shall be to have the school food service program operate on a self-supporting basis.
Management and Organization
The School Lunch Director shall be responsible for all appropriate school food service activities and report through the Assistant Superintendent for Business to the Board.
Although activities related to the school food service extend beyond the function of food preparation and serving, responsibility of the school lunch staff with respect to students shall not include the supervision and management of cafeteria eating areas. Food service activities include:
a. all-day school food preparation and serving to the student body including regular lunch and breakfast program;
b. available assistance to all educational programs designed to affect the nutritional or dietary aspects of students’ eating habits;
c. participation in food preparation and serving responsibilities related to the Senior Citizen Lunch Program, Adult Group Needs, Parent-Teacher Association (PTA), faculty picnics, Board of Education events, etc., associated with the educational program of the district’s schools; and
d. cooperating with Building Principals to establish and meet periodically with a student school lunch advisory committee to secure student reactions and suggestions with respect to school lunches.
Note: Prior regulation, Policy Manual, 702, revised
Reviewed November 28, 2006
Reviewed January 5, 2010
Revised and Reviewed June 16, 2015
Reviewed July 5, 2022
8505 Charging School Meals and Prohibition Against Shaming
The Board of Education recognizes that on occasion, students may not have enough funds for a meal. To ensure that students do not go hungry, the Board will allow students who do not have enough funds to “charge” the cost of a reimbursable meal to be paid back at a later date subject to the terms in this policy.
To comply with State guidelines and maintain a system of accounting for charged meals, regarding both full and reduced-price meals, the Board shall:
- allow only regular reimbursable meals to be charged, excluding extras, à la carte items, side dishes, additional meals, and snacks (“competitive foods”); and
- use a computer-generated point of sale system, which identifies and records all meals as well as collects repayments.
Charged meals must be counted and claimed for reimbursement on the day that the student charged (received) the meal, not the day the charge is paid back. When charges are paid, these monies are not to be considered “à la carte” transactions, as a section on the daily cash report or deposit summary reads “charges paid.”
Students shall not be denied a reimbursable meal, even if they have accrued a negative balance unless the parent/guardian has provided written permission to the school to withhold a meal. No student with unpaid charges will be prohibited from purchasing a reimbursable meal.
If school food authorities (SFAs) suspect that a student may be abusing this policy, written notice will be provided to the parent/guardian.
Students who cannot pay for a meal or who have unpaid meal debt shall not be publicly identified or stigmatized (including wristbands or hand stamps), required to do chores or work to pay for meals, or have meals thrown away after they have been served. District staff shall not discuss a student’s unpaid meal debt in front of other students. The district shall not take any action directed at a student to collect unpaid school meal fees.
- Staff will communicate with parents/guardians with five or more meal charges to determine eligibility for free or reduced price meals.
- School staff will make two documented attempts to reach out to parents/guardians to complete a meal application in addition to the application and instructions provided in the school enrollment packet.
- School staff will contact the parent/guardian to offer assistance with a meal application as well as offer any other assistance that is appropriate if it is determined that there are other issues within the household that have caused the child to have insufficient funds to purchase a school meal.
Student Account Balance Notification
The district’s payment system allows for automatic replenishment when a balance reaches a certain amount set by the parent/guardian. The district shall encourage parents/guardians to utilize this option.
Parents/guardians shall be discretely notified of student account balances. Whenever a meal is charged, the district will discretely notify the parent/guardian of the balance, and the process to refill the account. This notification will continue regularly until the account is replenished. Parents/guardians must repay all unpaid charges remaining at the end of the year or before their child leaves the district, whichever occurs first.
The district shall discretely notify parents/guardians of students with negative balances of at least five meals, determine if the student is directly certified to be eligible for free meals, and attempt to reach the parent/guardian to assist them in the application process for free and/or reduced price meals, and determine if there are other issues within the household causing the insufficient funds and offer appropriate assistance. If a parent/guardian regularly fails to provide meal money and does not qualify for free or reduced price meals, the district may take other actions as appropriate, including notifying the local department of social services if neglect is suspected.
The school district shall notify all parents/guardians in writing on an annual basis at the start of the school year and to families transferring during the year, outlining the requirements of this policy. The policy shall also be published in appropriate school and district publications. All staff involved in implementing and enforcing this policy shall also be notified of these requirements and their responsibilities. The district’s enrollment process shall include the application process for free and reduced price meals. The SFA may, in accordance with 7 CFR 245.6(d), complete and file a free or reduced meals application for a student if the SFA becomes aware that a student who has not submitted a meal application is eligible for free or reduced price meals.
Ongoing Staff Training
Staff will be trained annually and throughout the year as needed on the procedures for managing meal charges using the NYSED Webinar or the school’s training program.
Unpaid Meal Charges and Debt Collection
Unpaid meal charges are a financial burden to the district and taxpayers and can negatively affect the school program. Unpaid meal charges shall be considered “delinquent” as per the district’s accounting practices. The district shall attempt to recover unpaid meal charges before the end of the school year, but may continue efforts into the next school year. The district shall notify parents/guardians of unpaid meal charges at regular intervals, and may engage in collection activities by district staff, which do not involve debt collectors as defined in federal law (15 USC §1692a), and may not charge fees or interest or file a lawsuit against students’ parents or guardians. The district shall offer repayment plans, and may take other actions that do not result in harm or shame to the child, until unpaid charges are paid.
Remaining Account Balances
Remaining funds may be carried over to the next school year. When students leave the district or graduate, the district will attempt to contact the parent/guardian to return remaining funds. Parents/guardians may request that funds be transferred to other students (e.g., siblings, unpaid accounts). All transfer requests must be in writing. Unclaimed funds remaining after three months shall be absorbed by the school meal account.
Ongoing Eligibility Certification
- School staff will conduct direct certification with NYSSIS or using NYSED Roster Upload to maximize free eligibility. NYSED provides updated direct certification data monthly.
- School staff will provide parents/guardians with a free and reduced price application and instructions at the beginning of each school year in the school enrollment packet.
- Schools using electronic meal application will provide an explanation of the process in the school enrollment packet and instructions on how to request a paper application at no cost.
- Schools will provide at least two additional free and reduced price applications throughout the school year to families identified as owing meal charges.
- Schools will coordinate with the foster, homeless, migrant, runaway coordinators to certify eligible students. School liaisons required for homeless, foster, and migrant students shall coordinate with the nutrition department to make sure such students receive free school meals, in accordance with federal law.
Staff members are allowed to purchase food from the district’s food services. However, all purchases must be paid for at the point of sale (cash, payment account). Staff members are not allowed to charge meals to be repaid later.
Building Principals, working with the head of food services, shall ensure that all district and food service staff with responsibilities under this policy will be trained on the provisions of this policy and the requirements of Education Law section 908.
8520, Free and Reduced Price Meal Services
- 42 USC §1779 (Child Nutrition Act of 1966)
- 42 USC §§1758(f)(1); 1766(a) (National School Lunch Act)
- 2 CFR §200.426 (accounting for debt in federal programs)
- 7 CFR §§210.9 210.12; 210.19; 220.13; 245.5 (accounting in federal school meal programs)
- Healthy, Hunger-Free Kids Act (Public Law 111-296), §143 15 USC §1692a (debt collector defined)
- Education Law §908
- USDA Report to Congress, Review of Local Policies on Meal Charges and Provision of Alternate Meals, June 2016, www.fns.usda.gov/sites/default/files/cn/unpaidmealcharges-report.pdf
- Unpaid Meal Charges: Local Meal Charge Policies, USDA FNS Memo SP 46-2016 (07/08/16), www.fns.usda.gov/unpaid-meal-charges-local meal-charge-policies
- Unpaid Meal Charges: Guidance and Q&A, USDA FNS Memo SP 57-2016 (09/16/16), https://fns-prod.azureedge.net/sites/default/files/cn/SP57-2016os.pdf
- Unpaid Meal Charges: Guidance and Q&A, USDA FNS Memo SP 23-2017 (03/23/17), https://fns-prod.azureedge.net/sites/default/files/cn/SP23-2017os.pdf
- Unpaid Meal Charges: Clarification on Collection of Delinquent Meal Payments, USDA FNS Memo SP 47-2016 (07/08/16), www.fns.usda.gov/sites/default/files/cn/SP47-2016os.pdf
- Overcoming the Unpaid Meal Challenge – Proven Strategies from Our Nation’s Schools, USDA FNS Guidance Document (May 2017), https://fns-prod.azureedge.net/sites/default/files/cn/SP29-2017a1.pdf
- New York State Legislation – Prohibition Against Meal Shaming, NYSED Memo (5/1/18), http://www.cn.nysed.gov/content/prohibition-against-meal-shaming
- Meal Charge Plan Template, NYSED (5/1/18), http://www.cn.nysed.gov/content/meal-charge-and-prohibition-against-meal-shaming-policy-template
Replaced and Adopted: July 5, 2018
Revised and Adopted: October 5, 2021
8520 Free and Reduced Price Meal Service
Availability, Application & Notification
Notice of the availability of the free and reduced price meal programs will be sent to the homes of students and published on district website. Any child who is a member of a family unit whose income is below the federally established scale shall be eligible to receive such services.
To apply for the free or reduced price meal program:
a. Application forms will be available in the main office of each school building and on the district web site and can be completed and submitted at any time during the year.
b. Completed forms must be submitted to the Food Service Director at the district offices or the Building Principal of the school where the student attends prior to any determination of eligibility.
c. The parent or guardian will be informed of the determination of the Food Service Director at the district offices or the Building Principal’s determination within one week of receiving a properly completed application.
Applications will be kept confidential.
Upon written request, the Assistant Superintendent for Business will hear appeals of determinations regarding such services in compliance with federal regulations governing the National School Lunch Program.
In addition, in order to reach students who are categorically eligible for free and reduced price meals and to comply with state law, three times per school year the Food Service Director will review the list made available by the State Education Department of children ages three to 18 who are in households receiving federal food assistance, Medicaid benefits (for certain recipients), or Temporary Assistance for Needy Families (TANF) to identify students within the district. The district will send a notice to those families apprising them of their student’s eligibility to participate in the school meal programs without further application. Parents or guardians may decline participation by informing the district in writing. If the service is declined, the student will be removed from the eligibility list.
“Children in Head Start, or who have been determined to be homeless, migrant or runaway, or in foster care can be directly certified to participate in the district free and reduced price meal program. The Superintendent will develop implementing regulations.”
The Building Principal in conjunction with the Food Service Director will establish mealtime procedures that both protect the anonymity of the student and allow for proper accounting.
Cross-ref: 8500, Food Service Management
Ref: National School Lunch Act of 1946, as amended, (42 U.S.C. §§1751-1760)
Child Nutrition Act of 1966, as amended, (42 USC §§1771 et seq.)
7 CFR Part 245 (245.2, Definitions; 245.5, public announcement; 245.6, categorical eligibility and direct certification/verification.)
Social Services Law §95(7)
U.S. Department of Education guidance document, The Community Eligibility Provision and Selected Requirements Under Title I, January 2014, www.ed.gov/programs/titleiparta/13-0381guidance.doc.
Adopted March 10, 2015
Revised and Adopted July 5, 2022
8630 Computer Resources and Data Management
As there has recently been increased in interest in “Cloud Computing” for schools, we have revised this policy by inserting some additional text (see underlined text below). When a district contracts with an offsite or cloud computing service, those servers, in effect, become part of the district’s network.
The Board of Education recognizes that computers are a powerful and valuable education and research tool and as such are an important part of the instructional program. In addition, the district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the Boards expectations in regard to these different aspects of the district’s computer resources.
The Superintendent shall be responsible for designating a person or persons who will oversee the use of district computer resources. The designated person or persons will prepare in-service programs for the training and development of district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.
The Superintendent, working in conjunction with the designated purchasing agent for the district, and assistant superintendent for instruction and designated person or persons, will be responsible for the purchase and distribution of computer software and hardware throughout the schools. They shall prepare and submit for the Board’s approval a comprehensive multi-year technology plan which shall be revised as necessary to reflect changing technology and/or district needs.
The Superintendent, shall establish regulations governing the use and security of the district’s computer resources. The security and integrity of the district computer network and data is a serious concern to the Board and the district will make every reasonable effort to maintain the security of the system. All users of the district’s computer resources shall comply with this policy and regulation, as well as the district’s Internet and Computer Acceptable Use Policy (AUP) (4510.2). Failure to comply may result in disciplinary action, as well as suspension and/or revocation of computer access privileges.
All users of the district’s computer resources must understand that use is a privilege, not a right, and that use entails responsibility. Users of the district’s computer network must not expect, nor does the district guarantee, privacy for electronic mail (e-mail) or any use of the district’s computer network. The district reserves the right to access and view any material stored on district equipment or any material used in conjunction with the district’s computer network.
The Board recognizes that since district data is managed by computer, it is critical to exercise appropriate control over computer records, including financial, personnel and student information. The Superintendent, shall establish procedures governing management of computer records taking into account whether the records are stored onsite on district servers or on remote servers in the “cloud.”
The procedures will address:
separation of duties,
data back-up (including archiving of e-mail),
record retention, and
disaster recovery plans and notification plans
If the district contracts with a third-party vendor for computing services, the Superintendent will ensure that all agreements address the procedures listed above, as applicable.
Review and Dissemination
Since computer technology is a rapidly changing area, it is important that this policy be reviewed periodically by the Board and the district’s internal and external auditors. The regulation governing appropriate computer use will be distributed annually to staff and students and will be included in both employee and student handbooks.
Cross-ref: 1120, School District Records
6600, Fiscal Accounting and Reporting
Revised, Adopted May 7, 2013
Revised, Adopted October 6, 2015
Reviewed, Adopted May 2, 2023
8630-R Computer Resources and Data Management Regulation
The following rules and regulations govern the use of the district’s computer network system, employee access to the Internet, and management of computerized records.
- The Superintendent of Schools shall designate a Director of Technology to oversee the district’s computer network.
- The Director of Technology shall monitor and examine all network activities, as appropriate, to ensure proper use of the system.
- The Director of Technology shall develop and implement procedures for data back-up and storage. These procedures will facilitate the disaster recovery and notification plan and will comply with the requirements for records retention in compliance with the district’s policy on School District Records (1120).
- The Director of Technology shall be responsible for disseminating and interpreting district policy and regulations governing use of the district’s network at the building level with all network users.
- The Director of Technology shall provide employee training for proper use of the network and will ensure that staff supervising students using the district’s network provide similar training to their students, including providing copies of district policy and regulations (including policy 4526, Computer Use in Instruction) governing use of the district’s network.
- The Director of Technology shall take reasonable steps to protect the network from viruses, other software, and network security risks that would comprise the network.
- All student and employee agreements to abide by district policy and regulations and parent/guardian consent forms shall be kept on file in the district office.
- Consistent with applicable internal controls, the Superintendent in conjunction with the school business official and the Director of Technology, will ensure the proper segregation of duties in assigning responsibilities for computer resources and data management.
- Internet Access
Student Internet access is addressed in policy and regulation 4526, Computer Use for Instruction. District employees and third party users are governed by the following regulations:
- Employees will be issued an e-mail account through the district’s computer network.
- Employees are expected to review their e-mail daily.
- Communications with parents/guardians and/or students should be saved as appropriate and the district will archive the e-mail records according to procedures developed by the Director of Technology.
- Employees may access the internet for education-related and/or work-related activities.
- Employees shall refrain from using computer resources for personal use.
- Employees are advised that they must not have an expectation of privacy in the use of the district’s computers.
- Use of computer resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline.
- Acceptable Use and Conduct
The following regulations apply to all staff and third party users of the district’s computer system:
- Access to the district’s computer network is provided solely for educational and/or research purposes and management of district operations consistent with the district’s mission and goals.
- Use of the district’s computer network is a privilege, not a right. Inappropriate use may result in the suspension or revocation of that privilege.
- Each individual in whose name an access account is issued is responsible at all times for its proper use.
- All network users will be issued a login name and password. Passwords will be in accordance with National Institute of Standards and Technology (NIST) best practices.
- Only those network users with permission from the principal or Director of Technology may access the district’s internal systems remotely.
- All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.
- Network users identifying a security problem on the district’s network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of district computer use guidelines may be denied access to the district’s network.
- Prohibited Activity and Uses
The following is a list of prohibited activity for all staff and third party users concerning use of the district’s computer network. Any violation of these prohibitions may result in discipline or other appropriate penalty, including suspension or revocation of a user’s access to the network.
- Using the network for commercial activity, including advertising.
- Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the district computer network.
- Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material.
- Using the network to receive, transmit or make available to others messages that are racist, sexist, abusive or harassing to others.
- Use of another’s account or password.
- Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.
- Forging or attempting to forge e-mail messages.
- Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy district equipment or materials, data of another user of the district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus, malware on the network, and not reporting security risks as appropriate.
- Using the network to send anonymous messages or files.
- Revealing the personal address, telephone number or other personal information of oneself or another person.
- Intentionally disrupting network traffic or crashing the network and connected systems.
- Installing personal software, using personal disks, or downloading files on the district’s computers and/or network without the permission of the appropriate district official or employee.
- Using district computing resources for fraudulent purposes or financial gain.
- Stealing data, equipment or intellectual property.
- Gaining or seeking to gain unauthorized access to any files, resources, or computer or phone systems, or vandalize the data of another user.
- Wastefully using finite district resources.
- Changing or exceeding resource quotas as set by the district without the permission of the appropriate district official or employee.
- Using the network while your access privileges are suspended or revoked.
- Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.
- Attempting to circumvent district filtering or security policies.
- No Privacy Guarantee
Users of the district’s computer network should not expect, nor does the district guarantee, privacy for electronic mail (e-mail) or any use of the district’s computer network. The district reserves the right to access and view any material stored on district equipment or any material used in conjunction with the district’s computer network.
All users of the district’s computer network and equipment are required to comply with the district’s policy and regulations governing the district’s computer network. Failure to comply with the policy or regulation may result in disciplinary action as well as suspension and/or revocation of computer access privileges.
Any information pertaining to or implicating illegal activity will be reported to the proper authorities. Transmission of any material in violation of any federal, state and/or local law or regulation is prohibited. This includes, but is not limited to materials protected by copyright, threatening or obscene material or material protected by trade secret. Users must respect all intellectual and property rights and laws.
- District Responsibilities
The district makes no warranties of any kind, either expressed or implied, for the access being provided. Further, the district assumes no responsibility for the quality, availability, accuracy, nature or reliability of the service and/or information provided. Users of the district’s computer network and the Internet use information at their own risk. Each user is responsible for verifying the integrity and authenticity of the information.
The district will not be responsible for any damages suffered by any user, including, but not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by the user’s own negligence or any other errors or omissions. The district also will not be responsible for unauthorized financial obligations resulting from the use of or access to the district’s computer network or the Internet.
The district will take reasonable steps to protect the information on the network and provide a secure network for data storage and use, including ensuring that contracts with vendor address data security issues and that district officials provide appropriate oversight even though the district may use technical and/or manual means to regulate access and information, these methods do not provide a foolproof means of enforcing the provisions of the district policy and regulation.
Reviewed, Revised October 6, 2015
Revised, Reviewed May 3, 2023
8635 Information and Security Breach Notification
The Board of Education acknowledges the heightened concern regarding the rise in identity theft and the need for secure networks and prompt notification when security breaches occur. The Board adopts the National Institute for Standards and Technology Cybersecurity Framework Version 1.1(NIST CSF) for data security and protection. The Data Privacy Officer is responsible for ensuring the district’s systems follow NIST CSF and adopt technologies, safeguards and practices which align with it. This will include an assessment of the district’s current cybersecurity state, their target future cybersecurity state, opportunities for improvement, progress toward the target state, and communication about cybersecurity risk.
The Board will designate a Data Privacy Officer to be responsible for the implementation of the policies and procedures required in Education Law §2-d and its accompanying regulations, and to serve as the point of contact for data security and privacy district. This appointment will be made at the annual organizational meeting.
The Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, and the Data Privacy Officer (where applicable) to establish regulations which address:
- the protections of “personally identifiable information” of student and teachers/principal under Education Law §2-d and Part 121 of the Commissioner of Education;
- the protections of “private information” under State Technology Law §208 and the NY SHIELD Act; and
- procedures to notify persons affected by breaches or unauthorized access of protected information.
- Student and Teacher/Principal “Personally Identifiable Information” under Education Law §2-d
- General Provisions
PII as applied to student data is as defined in Family Educational Rights and Privacy Act (Policy 5500), which includes certain types of information that could identify a student, and is listed in the accompanying regulation 8635-R. PII as applied to teacher and principal data, means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.
- General Provisions
The Data Protection Officer [or insert other title will see that every use and disclosure of personally identifiable information (PII) by the district benefits students and the district (e.g., improve academic achievement, empower parents and students with information, and/or advance efficient and effective school operations). However, PII will not be included in public reports or other documents.
The district will protect the confidentiality of student and teacher/principal PII while stored or transferred using industry standard safeguards and best practices, such as encryption, firewalls, and passwords. The district will monitor its data systems, develop incident response plans, limit access to PII to district employees and third-party contractors who need such access to fulfill their professional responsibilities or contractual obligations, and destroy PII when it is no longer needed.
Certain federal laws and regulations provide additional rights regarding confidentiality of and access to student records, as well as permitted disclosures without consent, which are addressed in policy and regulation 5500, Student Records.
Under no circumstances will the district sell PII. It will not disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by any other party for any marketing or commercial purpose, or permit another party to do so. Further, the district will take steps to minimize the collection, processing, and transmission of PII.
Except as required by law or in the case of enrollment data, the district will not report the following student data to the State Education Department:
- juvenile delinquency records;
- criminal records;
- medical and health records; and
- student biometric information.
The district has created and adopted a Parent’s Bill of Rights for Data Privacy and Security (see Exhibit 8635-E). It has been published on the district’s website at insert web address and can be requested from the district clerk.
B. Third-party Contractors
Each third-party contractor that will receive student data or teacher or principal data must:
- adopt technologies, safeguards and practices that align with the NIST CSF;
- limit internal access to PII to only those employees or sub-contractors that need access to provide the contracted services;
- not use the PII for any purpose not explicitly authorized in its contract;
- not disclose any PII to any other party without the prior written consent of the parent or eligible student (i.e., students who are eighteen years old or older):
- except for authorized representatives of the third-party contractor to the extent they are carrying out the contract; or
- unless required by statute or court order and the third party contractor provides notice of disclosure to the district, unless expressly prohibited.
- maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of PII in its custody;
- use encryption to protect PII in its custody; and
- not sell, use, or disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by others for marketing or commercial purpose, or permit another party to do so. Third-party contractors may release PII to subcontractors engaged to perform the contractor’s obligations, but such subcontractors must abide by data protection obligations of state and federal law, and the contract with the district.
C. Third-Party Contractors’ Data Security and Privacy Plan
The district will ensure that contracts with all third-party contractors include the third- party contractor’s data security and privacy plan. This plan must be accepted by the district.
At a minimum, each plan will:
- outline how all state, federal, and local data security and privacy contract requirements over the life of the contract will be met, consistent with this policy;
- specify the safeguards and practices it has in place to protect PII;
- demonstrate that it complies with the requirements of Section 121.3(c) of this Part;
- specify how those who have access to student and/or teacher or principal data receive or will receive training on the federal and state laws governing confidentiality of such data prior to receiving access;
- specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected;
- specify how the third-party contractor will manage data security and privacy incidents that implicate personally identifiable information including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the district;
- describe if, how and when data will be returned to the district, transitioned to a successor contractor, at the district’s direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires.
The district will provide mandatory annual training on data privacy and security awareness to all employees who have access to student and teacher/principal PII. Such training may be provided face-to-face or via a suitable online platform.
Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of student or teacher/principal PII maintained by the district will be promptly reported to the Data Protection Officer, the Superintendent and the Board of Education.
The Data Privacy Officer will report every discovery or report of a breach or unauthorized release of student, teacher or principal PII to the State’s Chief Privacy Officer without unreasonable delay, but no more than 10 calendar days after such discovery.
The district will notify affected parents, eligible students, teachers and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release or third-party contractor notification.
However, if notification would interfere with an ongoing law enforcement investigation, or cause further disclosure of PII by disclosing an unfixed security vulnerability, the district will notify parents, eligible students, teachers and/or principals within seven calendar days after the security vulnerability has been remedied, or the risk of interference with the law enforcement investigation ends.
The Superintendent, in consultation with the Data Privacy Officer, will establish procedures to provide notification of a breach or unauthorized release of student, teacher or principal PII, and establish and communicate to parents, eligible students, and district staff a process for filing complaints about breaches or unauthorized releases of student and teacher/principal PII.
II. “Private Information” under State Technology Law §208
“Private information” is defined in State Technology Law §208, and includes certain types of information, outlined in the accompanying regulation, which would put an individual at risk for identity theft or permit access to private accounts. “Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation.
Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of “private information” maintained by the district must be promptly reported to the Superintendent and the Board of Education.
The Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, to establish regulations which:
- Identify and/or define the types of private information that is to be kept secure;
- Include procedures to identify any breaches of security that result in the release of private information; and
- Include procedures to notify persons affected by the security breach as required by law.
III. Employee “Personal Identifying Information” under Labor Law § 203-d
Pursuant to Labor Law §203-d, the district will not communicate employee “personal identifying information” to the general public. This includes:
- social security number;
- home address or telephone number;
- personal email address;
- Internet identification name or password;
- parent’s surname prior to marriage; and
- drivers’ license number.
In addition, the district will protect employee social security numbers in that such numbers will not be:
- publicly posted or displayed;
- visibly printed on any ID badge, card or time card;
- placed in files with unrestricted access; or
- used for occupational licensing purposes.
Employees with access to such information will be notified of these prohibitions and their obligations.
- State Technology Law §§201-208
- Labor Law §203-d
- Education Law §2-d 8
- NYCRR Part 121
Adopted November 5, 2014
Revised and Adopted April 28, 2020
8635-R Information and Security Breach Notification Regulation
This regulation addresses information and data privacy, security, breach and notification requirements for student and teacher/principal personally identifiable information under Education Law §2-d, as well as private information under State Technology Law §208.
The district will inventory its computer programs and electronic files to determine the types of information that is maintained or used by the district, and review the safeguards in effect to secure and protect that information.
Student and Teacher/Principal “Personally Identifiable Information” under Education Law §2-d
“Biometric record,” as applied to student PII, means one or more measurable biological or behavioral characteristics that can be used for automated recognition of person, which includes fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting.
“Breach” means the unauthorized acquisition, access, use, or disclosure of student PII and/or teacher or principal PII by or to a person not authorized to acquire, access, use, or receive the student and/or teacher or principal PII.
“Disclose” or Disclosure mean to permit access to, or the release, transfer, or other communication of PII by any means, including oral, written, or electronic, whether intended or unintended.
“Personally Identifiable Information” (PII) as applied to students means the following information for district students:
- the student’s name;
- the name of the student’s parent or other family members;
- the address of the student or student’s family;
- a personal identifier, such as the student’s social security number, student number, or biometric record;
- other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
- other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
- information requested by a person who the district reasonably believes knows the identity of the student to whom the education record relates.
“Personally Identifiable Information” (PII) as applied to teachers and principals means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.
“Third-Party Contractor” means any person or entity, other than an educational agency (i.e., a school, school district, BOCES or State Education Department), that receives student or teacher/principal PII from the 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 the educational agency, or audit or evaluation of publicly funded programs. This includes an educational partnership organization that and receives student and/or teacher/principal PII from a school district to carry out its responsibilities pursuant to Education Law §211-e (for persistently lowest-achieving schools or schools under registration review) and is not an educational agency. This also includes a not-for-profit corporation or other nonprofit organization, other than an educational agency.
Complaints of Breaches or Unauthorized Releases of PII
If a parent/guardian. eligible student, teacher, principal or other district employee believes or has evidence that student or teacher/principal PII has been breached or released without authorization, they must submit this complaint in writing to the district. Complaints may be received by the Data Privacy Officer, but may also be received by any district employee, who must immediately notify the Data Privacy Officer. This complaint process will be communicated to parents, eligible students, teachers, principals, and other district employees.
The district will acknowledge receipt of complaints promptly, commence an investigation, and take the necessary precautions to protect personally identifiable information.
Following its investigation of the complaint, the district will provide the individual who filed a complaint with its findings within a reasonable period of time. This period of time will be no more than 60 calendar days from the receipt of the complaint.
If the district requires additional time, or if the response may compromise security or impede a law enforcement investigation, the district will provide individual who filed a complaint with a written explanation that includes the approximate date when the district will respond to the complaint.
The district will maintain a record of all complaints of breaches or unauthorized releases of student data and their disposition in accordance with applicable data retention policies, including the Records Retention and Disposition Schedule ED-1.
Notification of Student and Teacher/Principal PII Breaches
If a third-party contractor has a breach or unauthorized release of PII, it will promptly notify the Data Privacy Officer in the most expedient way possible, without unreasonable delay, but no more than seven calendar days after the breach’s discovery.
The Data Privacy Officer will then notify the State Chief Privacy Officer of the breach or unauthorized release no more than 10 calendar days after it receives the third-party contractor’s notification using a form or format prescribed by the State Education Department.
The Data Privacy Officer will report every discovery or report of a breach or unauthorized release of student, teacher or principal data to the Chief Privacy Officer without unreasonable delay, but no more than 10 calendar days after such discovery.
The district will notify affected parents, eligible students, teachers and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release or third-party contractor notification.
However, if notification would interfere with an ongoing law enforcement investigation or cause further disclosure of PII by disclosing an unfixed security vulnerability, the district will notify parents, eligible students, teachers and/or principals within seven calendar days after the security vulnerability has been remedied or the risk of interference with the law enforcement investigation ends.
Notifications will be clear, concise, use language that is plain and easy to understand, and to the extent available, include:
- a brief description of the breach or unauthorized release,
- the dates of the incident and the date of discovery, if known;
- a description of the types of PII affected;
- an estimate of the number of records affected;
- a brief description of the district’s investigation or plan to investigate; and
- contact information for representatives who can assist parents or eligible students with additional questions.
Notification must be directly provided to the affected parent, eligible student, teacher or principal by first-class mail to their last known address; by email; or by telephone.
Where a breach or unauthorized release is attributed to a third-party contractor, the third-party contractor will pay for or promptly reimburse the district for the full cost of such notification.
The unauthorized acquisition of student social security numbers, student ID numbers, or biometric records, when in combination with personal information such as names or other identifiers, may also constitute a breach under State Technology Law §208 if the information is not encrypted, and the acquisition compromises the security, confidentiality, or integrity of personal information maintained by the district. In that event, the district is not required to notify affected people twice, but must follow the procedures to notify state agencies under State Technology Law §208 outlined in section II of this regulation.
“Private Information” under State Technology Law §208
“Private information” means either:
- personal information consisting of any information in combination with any one or more of the following data elements, when either the data element or the personal information plus the data element is not encrypted or encrypted with an encryption key that has also been accessed or acquired:
- Social security number;
- Driver’s license number or non-driver identification card number;
- Account number, credit or debit card number, in combination with any required security code, access code, or password or other information which would permit access to an individual’s financial account.
- Account number or credit or debit card number, if that number could be used to access a person’s financial account without other information such as a password or code; or
- Biometric information (data generated by electronic measurements of a person’s physical characteristics, such as fingerprint, voice print, or retina or iris image) used to authenticate or ascertain a person’s identity; or
- a user name or email address, along with a password, or security questions and answer, that would permit access to an online account.
“Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;
“Breach of the security of the system” means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.
Procedure for Identifying Security Breaches
In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the district will consider:
- indications that the information is in the physical possession and control of an unauthorized person, such as removal of lost or stolen computer, or other device containing information;
- indications that the information has been downloaded, or copied;
- indications that the information was used by an unauthorized person, such as fraudulent accounts, opened or instances of identity theft reported; and/or
- any other factors which the district shall deem appropriate and relevant to such determination.
Notification of Breaches to Affected Persons Security Breaches
Once it has been determined that a security breach has occurred, the following steps shall be taken:
- If the breach involved computerized data owned or licensed by the district, the district shall notify those New York State residents whose private information was, or is reasonably believed to have been accessed or acquired by a person without valid authorization. The disclosure to affected individuals shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the system. The district will consult with the New York State Office of Information Technology Services to determine the scope of the breach and restoration measures.
- If the breach involved hard copy or computer data maintained by the district, the district shall notify the owner or licensee of the information of the breach immediately following discovery, if the private information was or is reasonably believed to have been accessed or acquired by a person without valid authorization.
The required notice shall include (a) district contact information, (b) a description of the categories information that were or are reasonably believed to have been assessed or acquired without authorization, (c) which specific elements of personal or private information were or are reasonably believed to have been acquired and (d) the telephone number and website of relevant state and federal agencies that provide information on security breach response and identity theft protection and prevention. This notice shall be directly provided to the affected individuals by either:
- Written notice
- Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and that the district keeps a log of each such electronic notification. In no case, however, shall the district require a person to consent to accepting such notice in electronic form as a condition of establishing a business relationship or engaging in any transaction.
- Telephone notification, provided that the district keeps a log of each such telephone notification.
However, if the district can demonstrate to the State Attorney General that (a) the cost of providing notice would exceed $250,000; or (b) that the number of persons to be notified exceeds 500,000; or (c) that the district does not have sufficient contact information, substitute notice may be provided. Substitute notice would consist of all of the following steps:
- E-mail notice when the district has such address for the affected individual;
- Conspicuous posting on the district’s website, if they maintain one; and
- Notification to major media.
However, the district is not required to notify individuals if the breach was inadvertently made by individuals authorized to access the information, and the district reasonably determines the breach will not result in misuse of the information, or financial or emotional harm to the affected persons. The district will document its determination in writing and maintain it for at least five years, and will send it to the State Attorney General within ten days of making the determination.
Additionally, if the district has already notified affected persons under any other federal or state laws or regulations regarding data breaches, including the federal Health Insurance Portability and Accountability Act, the federal Health Information Technology for Economic and Clinical Health (HI TECH) Act, or New York State Education Law §2-d, it is not required to notify them again. Notification to state and other agencies is still required.
Notification of State and Other Agencies and Other Entities
Once notice has been made to affected New York State residents, the district shall notify the State Attorney General, the State Department of State, and the State Office of Information Technology Services as to the timing, content, and distribution of the notices and approximate number of affected persons.
If more than 5,000 New York State residents are to be notified at one time, the district will also notify consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. A list of consumer reporting agencies will be furnished, upon request, by the Office of the State Attorney General.
If the district is required to notify the U.S. Secretary of Health and Human Services of a breach of unsecured protected health information under the federal Health Insurance Portability and Accountability Act (HIPAA) or the federal Health Information Technology for Economic and Clinical Health (HI TECH) Act, it will also notify the State Attorney General within five business days of notifying the Secretary.
Reviewed November 5, 2014
Revised and Reviewed April 28, 2020
8635-E Parents’ Bill of Rights for Student Data Privacy and Security
The Guilderland Central School District, in recognition of the risk of identity theft and unwarranted invasion of privacy, affirms its commitment to safeguarding student personally identifiable information (PII) in educational records from unauthorized access or disclosure in accordance with State and Federal law. The Guilderland Central School District establishes the following parental bill of rights:
- Student personally identifiable information (PII) will be collected and disclosed only as necessary to achieve educational purposes in accordance with State and Federal Law.
- The district and its schools, and third-party contractors and subcontractors, will not sell student PII or use or disclose it for any marketing or commercial purposes or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.
- Parents have the right to inspect and review the complete contents of their child’s education record (for more information about how to exercise this right, see 5500-R).
- State and federal laws, such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, protect the confidentiality of students’ personally identifiable information. Safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred.
- A complete list of all student data elements collected by the State Education Department is available for public review at http://nysed.gov.data-privacy-security/student-data-inventory or by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
- Parents have the right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints should be directed to Data Privacy Officer, GSCD, PO Box 18, 8 School Road, Guilderland Center, NY 12085, (518) 456-6200; email@example.com. Complaints can also be directed to the New York State Education Department online at http://nysed.gov.data-privacy-security/report, by mail to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234 or by email firstname.lastname@example.org or by telephone at 518-474-0937.
- Parents have the right to be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.
- All district and school employees and officers with access to PII will receive annual training on applicable federal and state laws, regulations, district and school policies and safeguards which will be in alignment with industry standards and best practices to protect PII.
- In the event that the District engages a third party provider to deliver student educational services, the contractor or subcontractors will be obligated to adhere to State and Federal Laws and District policy to safeguard student PII. Parents can request information about third party contractors by contacting Data Privacy Officer, GSCD, PO Box 18, 8 School Road, Guilderland Center, NY 12085, (518) 456-6200; email@example.com or can access the information on the district’s website, www.guilderlandschools.org.
Parent Bill of Rights for Student Data Privacy and Security Third Part Contractor Supplement
The (insert name of contractor) has been engaged by the (insert name of school district) to provide services. In this capacity, the company may collect, process, manage, store or analyze student or teacher/principal personally identifiable information (PII).
The (insert name of contractor) will provide the district with (describe specific purpose for which the PII will be used).
The (insert the name of contractor) will ensure that subcontractors or others that the company shares PII will abide by data protection and security requirements of district policy, and state and federal law and regulations by (describe methods/procedures to safeguard data use by subcontractors).
PII will be stored (describe the location in a manner that protects data security).
Parents may challenge the accuracy of PII held by (insert name of contractor) by contacting (insert contact information, including title, phone number, mailing address and email address).
The (insert name of contractor) will take reasonable measures to ensure the confidentiality of PII by implementing the following (describe the following, as applicable):
- Password protections
- Administrative procedures
- Encryption while PII is in motion and at rest
The contractor’s agreement with the district begins on (insert date) and ends on (insert date). Once the contractor has completed its service to the district, records containing student PII will be (select one: destroyed or returned) by (insert date) via the following (insert method if destroyed or format if returned).
Reviewed February 3, 2015
Revised (Replacing 5500-E.4) and Reviewed April 28, 2020
Revised, Reviewed February 15, 2022
8650 School District Compliance with Copyright Law
The Board of Education acknowledges the necessity of complying with federal laws governing the use of copyrighted material.
Infringement on copyrighted material, whether prose, poetry, graphic images, music, video or computer code, is a serious offense against federal law and contrary to the ethical standards required of staff and students alike. Each staff member is responsible for complying with the district’s copyright procedures. The district is not responsible for violations of the copyright laws by its staff or students.
Use of Copyrighted Materials
Limited use of copyrighted material for educational purposes, without permission, is allowable under the “fair use” doctrine. In order to determine if the use of copyrighted material is permitted under the fair use doctrine, the following factors must be weighed:
- The purpose and character of the use (i.e., is it for instructional purposes?);
- The nature of the copyrighted work (i.e. is it a newspaper article or photograph?);
- The amount and substantiality of the portion used in relation to the work as a whole (i.e., is it a short excerpt?)
- The effect of the use upon the potential market for or value of the copyrighted work (i.e. by reproducing it, does it impact the ability of the author/owner to sell it?)
Staff members should consult with the Assistant Superintendent for Instruction when they have a question as to the use of copyrighted material or if they need assistance in obtaining proper authorization for the use of material.
Materials Created by District Employees or Others
The district is the holder of the copyright for works made for hire (e.g., materials prepared by an employee within the scope of his/her employment, including instructional texts, tests, answer sheets, etc.). The district shall be considered the author and owner of the copyright unless there is a separate written agreement with the employee that specifies a different arrangement.
When work is specifically commissioned, and the author is not an employee of the district, there shall be a written agreement specifying authorship and copyright arrangements.
The Superintendent of Schools is hereby directed to keep accurate records of all materials involving copyright laws and to develop such rules and regulations as he/she may deem appropriate to carry out this policy.
Ref: 17 U.S.C. §§101; 106; 107; 117; 201; 302
Basic Books, Inc. v. Kinko’s Graphics Corp., 758 F. Supp. 1522 (SDNY 1991)
H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. (1976)
Adopted January 24, 2012
Revised and Adopted March 6, 2018
Revised and Adopted January 8, 2019
8650-R School District Compliance with Copyright Law Regulation
No copyrighted material may be reproduced or copied in any form except in accordance with the following rules:
1. Staff and students may make copies of material for personal reference and use.
2. Staff and students may make copies of material for distribution in class if:
a. the body of the material to be reproduced is no more than:
250 words of poetry; a single article, story or essay of up to 2500 words; an excerpt of up to 1000 words or 10% of a prose work, with a minimum ceiling of 500 words; or
a single illustration from a book or periodical;
b. the reproduction is done at the inspiration of the teacher, decided close to the time of the use, and not at the direction of higher authority;
c. reproduction by either teacher or student does not exceed:
one complete work or two excerpts from the same author or three from one collective work or periodical, but no more than 9 different reproductions of material, other than from news periodicals or newspapers, per semester;
one copy of each work per student;
d. the same work has not been reproduced by that teacher or student for any other class or during the preceding semester;
e. each reproduction bears a copyright notice, including the © or ® symbol, year of publication and name of the copyright owner.
3. No copies may be made from workbooks or other consumable works.
4. a. Staff may install proprietary computer software onto hard drives for normal use. The original copy and any other back-up copies thereof will be stored. No other copies will be made or used except as authorized by the specific license agreement.
b. Non-proprietary software may be copied by staff and students as desired.
c. Students will not copy district-owned proprietary software from district computers, nor install or use personal software, proprietary or non-proprietary, on district computers.
5. Staff and students may make audio or video tapes of copyrighted material, including musical and dramatic works, only for classroom use, including evaluation and rehearsal, unless done in accordance with paragraph 7, below.
6. a. Any other reproduction of copyrighted material will be made only after acquiring permission to do so from the copyright owner. This includes the creation of anthologies, collections and reviews for instructional use, and audio and video tapes for sale or other non-academic distribution.
b. The Superintendent may approve the payment of licensing fees and/or royalties on a case-by-case basis.
Note: Regulation added
Reviewed January 10, 2012
Revised, Reviewed March 6, 2018
8800 Energy Management Conservation Policy
The Board of Education of the Guilderland Central School District, believes that every effort should be made to conserve energy and natural resources while exercising sound financial management. The implementation of this policy is the joint responsibility of board members, administrators, teachers, students and support personnel and its success is based on cooperation at all levels.
The district will maintain accurate records of energy consumption and the cost of energy and will provide information when requested to the appropriate personnel.
The principals will be responsible for supporting energy management initiatives in their respective buildings with energy audits being conducted and conservation program outlines being updated. Responsible use of the various energy systems at each campus will be the joint responsibility of the principal, head custodian and energy manager to ensure that an efficient energy posture is maintained on a daily basis.
To ensure the overall success of the energy management program, the following specific areas of emphasis will be adopted:
- All district personnel will be expected to contribute to energy efficiency in our district.
- Administration will be given feedback about the progress of the energy management program in the district.
- This document will serve as the energy guidelines in maintaining an effective energy program.
Further, to maintain a safer and healthier learning environment and to complement the energy management program, the district shall develop and implement a preventive maintenance and monitoring plan for its facilities and systems, including HVAC, building envelope, and moisture management. The Board of Education of the Guilderland Central School District
directs the superintendent and/or his agents to develop short and long-range strategies in the areas of facilities management and preventive maintenance.
Adopted October 25, 2005
Adopted June 19, 2012
Revised and Adopted January 26, 2021
8800-R Energy Conservation and Building Management Regulation
- All district personnel will be expected to contribute to energy efficiency in our district.
- The teacher is responsible for implementing the guidelines during the time that he/she is present in the classroom.
- The dayshift custodian is responsible for oversight of their buildings HVAC control systems.
- Since the custodial worker is typically the last person to leave a building in the evening, he/she is responsible to report any HVAC concerns to the daytime custodian to follow up on.
- The Energy Manager is responsible for the total energy usage of the district.
- The Energy Manager performs routine audits of all facilities and communicates the audit results to the appropriate personnel.
- The Energy Manager provides regular reports to principals indicating performance with regards to energy usage and savings. The district is committed to and responsible for maintenance of the learning environment. To complement the district’s energy management program, the district shall develop and implement a preventive maintenance and monitoring plan for its facilities and systems, including HVAC, building envelope, and moisture management.
Classroom doors shall remain closed when HVAC is operating. Ensure doors between conditioned space and non-conditioned space remain closed at all times (i.e. between hallways and gym area).
Proper and thorough utilization of the building management systems will be initiated and maintained to monitor temperature throughout the district’s buildings to ensure compliance with district guidelines. Head Custodians will also use a handheld Temperature / Humidity meter to assist the Energy Manager in troubleshooting any HVAC related issues.
The Energy Manager will monitor the districts building management systems daily throughout heating and cooling seasons to ensure proper equipment operation. This includes reviewing the equipment operation schedules routinely for maximum efficiency.
The Energy Manager will review each of the district’s utility accounts monthly, including year over year comparisons and follow up on any consumption anomalies.
The Energy Manager will monitor and review the district’s solar farm production to include calculating the remote metering rate, maintaining a tracking spreadsheet and ensuring proper credits on our electric supply and delivery costs.
The district will pursue any NYSERDA or National Grid incentives related to energy savings when applicable.
All exhaust fans should be turned off during unoccupied hours. All office machines (copy machines, laminating equipment, etc.) shall be switched off each night and during unoccupied times. Fax machines should remain on.
All computers and classroom technology should be turned off each night. This includes the monitor, local printer, and speakers. Network equipment is excluded.
All capable PC’s should be programmed for the “energy saver” mode using the power management feature. If network constraints restrict this for the PC, ensure the monitor “sleeps” after 10-minutes of inactivity where practicable.
Cooling Season Occupied Set Points: 74°F – 78° F Unoccupied Set Point: 85°F
Heating Season Occupied Set Points: 68°F- 72°F Unoccupied Set Point: 55°F-62°F
Air Conditioning Equipment
Occupied temperature settings shall NOT be set below 74° F.
During unoccupied times, the air conditioning equipment shall be off, except as may be necessary to adequately prepare a room for later use.
The unoccupied period begins when the students leave the area at the end of the school day.
The temperature of the classroom will be maintained long enough to afford comfort for the period the teacher remains in the classroom after the students have left.
Air conditioning start times may be adjusted (depending on weather) to ensure classroom comfort when school begins.
Ensure Building Management Systems are programmed for economizer mode to maximize the use of outside air when cooling a space.
Ceiling fans should be operated in all areas that have them.
Air conditioning should not be utilized in classrooms during the summer months unless the classrooms are being used for summer school or year-round school.
- Occupied temperature settings shall NOT be above 72°F,
- The unoccupied temperature setting shall be 55°F (i.e. setback). This may be adjusted to a 62°F setting during extreme weather.
- The unoccupied time shall begin when the students leave an area.
- During the spring and fall when there is no threat of freezing, all heating systems should be switched off during unoccupied times. This is accomplished with our building management systems and controlled based on outside air temperatures to protect our buildings.
- Ensure all domestic hot water systems are set no higher than 120°F or 140°F for cafeteria service (with dishwasher booster).
- Ensure all domestic hot water recirculating pump timers are set properly to shut down hot water loops during unoccupied times.
- All unnecessary lighting in unoccupied areas will be turned off. Teachers should make certain that lights are turned off when leaving the classroom when empty. Utilize natural lighting where appropriate.
- All outside lighting shall be off during daylight hours. Security lighting will be maintained at all buildings overnight.
- Gym lights should not be left on unless the gym is being utilized.
- All lights will be turned off when students and teachers leave school. Custodians will turn on lights only in the areas in which they are working.
- Automated lighting controls and LED lighting will be installed wherever practical to maximize efficiency.
- Ensure all plumbing and/or intrusion (i.e. roof) leaks are reported and repaired immediately.
- All watering should be done between 5:00 a.m. and 10:00 a.m. or at night after 10:00 p.m.
- Low flow water conservation plumbing fixtures will be used / installed wherever practical.
NOTE: After official approval by administration a copy should be disseminated to all district personnel. Copies should be posted on bulletin boards, teacher’s lounges, district newsletters, etc.
Disclaimer: The district shall adopt, observe and implement these guidelines as provided. However, these regulations are not intended to be all-inclusive, and may be modified for specific conditions at individual buildings. These guidelines supersede all previous instructions related to energy conservation or building management.
Reviewed October 11, 2005
Reviewed June 19, 2012
Replaced and Reviewed January 21, 2021
8910 Recycling Policy
The Board of Education recognizes that the problem of solid waste disposal directly affects our environment and the quality of life-sustaining resources. The Board also believes that one function of the schools is to set an example in the stewardship of our natural resources and to develop responsible citizenship in students. Therefore, the district will act to make resource conservation an integral part of the physical operations of the district.
In its efforts to improve and encourage responsible solid waste management in the school and in the community, the Board supports a program of recycling and reuse of such waste materials. The Board directs the Superintendent of Schools to develop and implement a district-wide recycling program which will take into consideration the following:
- resource conservation, including waste reduction, and encouraging the use of all products to their fullest extent prior to disposal;
- minimization of the use of non-biodegradable products whenever possible;
- a differentiation between biodegradable and non-biodegradable waste materials;
- separation of waste materials into categories for recycling (i.e., paper, glass, aluminum, iron, plastic, etc.) and delivery of such materials to an appropriate recycling agency in cooperation with recycling efforts in the community;
- whenever financially viable, the purchase and/or use of recycled products; and
- participation of district students and staff on all levels in the recycling program. Such participation shall take into consideration any appropriate health, safety, and risk management concerns.
Note: Policy added
Adopted March 10, 2015
Adopted July 5, 2022
8910-R Recycling and Conservation Regulation
The Recycling and Conservation Coordinator (RCC), in collaboration with building principals will be responsible for supporting and directing sustainability and conservation projects. The principal and head custodian will support the use of re-usable and recyclable supplies, materials and equipment in each building whenever practicable. Each building will promote the disposal of waste/compostable materials, and the recycling, containment and reclamation of materials. The RCC will maintain accurate records of recycling and conservation projects and programs and their costs to measure the goals and progress of the programs.
To ensure the overall success of the recycling and conservation program, the following areas will be emphasized:
- All district personnel will be encouraged to contribute to sustainability endeavors. Every person should be a “resource saver” as well as a “resource consumer.”
- Recycling and Conservation Guidelines will guide the district through the process of implementing our sustainability programs.
Recycling and Conservation Guidelines:
Each employee and student in the district is a resource consumer; and so is encouraged to be conscientious about reducing consumption.
Each classroom teacher is responsible for encouraging students to follow the recycling and conservation guidelines while they are in the classroom.
A member of the custodial team is responsible for recycling and materials management in common areas, i.e. halls, cafeteria, etc.
Since each building’s head custodian (or a member of their team) is typically the last person to leave a building in the evening, they are responsible for the nighttime monitoring of adherence to recycling and conservation measures and should report any non-compliance to the RCC
The Recycling and Conservation Coordinator may periodically conduct audits of all facilities and communicate the audit results to the Director of Facilities.
The district supports a project-based learning approach regarding these guidelines as a method for students to practice personal accountability to their environment and sustainability measures for their future.
Through conservation and recycling efforts, the district endeavors to integrate sustainability into operational practices, district protocols and priorities:
The district endeavor to gather unused equipment, supplies and materials from the various buildings at the end of the school year for re-use the following year.
The district will encourage front/back printing of all materials whenever possible and practicable.
The district will maintain its commitment to the Green Task Force.
In accordance with New York State regulations, district will continue to use green cleaning products.
The district will continue to support the effort to recycle or re-use materials such as:
- Paper/cardboard/books (mainstream and confidential)
- Metal (including bus parts)
- Electronic equipment
- Waste oil
To the extent practicable, the district will continue support activities and events that highlight its commitment to recycling and conservation such as:
- the annual celebration of Earth Week (in April each year)
- the annual celebration of America Recycles Day (in November of each year)
- community-wide recycling events
Adopted March 10, 2015
Adopted July 5, 2022