Raquette Lake Union Free School District (UFSD) Policy Manual Table of Contents
Board of Education Contact
Raquette Lake Union Free School District (UFSD)
115 NY-28
PO Box 10
Raquette Lake, NY 13436
Raquette Lake Union Free School District (UFSD) Policy Manual
The District’s Policy Manual, developed with Erie 1 BOCES Policy Services, does not provide legal advice. Applying board policies to specific situations may require consulting with school administrators/school attorney, or other professionals to address the particular circumstances.
FOREWORD
Here are the policy statements formulated by the Board of Education (Board) of the Raquette Lake Union Free School District (District).
Policy is defined as a basic plan of action. It establishes limits within which freedom of judgment can be exercised. Policy is also a governing principle of management. It is a statement that has an effect on the interests of those who come under its jurisdiction. A policy may originate from the constitution, from statute, from local determinations, or from customary patterns of formal behavior.
Policy should accomplish the following:
- State a position taken by the District;
- Grant the authority to act;
- Be sufficiently detailed to give adequate direction;
- Be achievable within the real environment of the school and community;
- Provide for impartial procedures.
In addition to the adopted policies, the operation of the District is governed by and subject to all applicable laws, regulations of the Commissioner of Education, civil service requirements, board resolutions, school administrative regulations and contracts of agreement.
If any part of this manual is made invalid by judicial decision or legislative or administrative enactment, all other parts will remain in full effect unless and until they are amended or repealed by the Board of Education. The official record of the adoption, amendment, or repeal of the bylaws and policies of the Raquette Lake Union Free School District will be the minutes of the Board’s meetings.
The Raquette Lake Union Free School District does not operate a school. The district contracts with the Town of Webb Union Free School District to transport and educate the students. Students are subject to the policies of the Town of Webb School District to maximum extent possible. The policies herein reflect this arrangement.
The following citations will be used in the Policy Manual:
Federal:
- USC: United States Code
- CFR: United States Code of Federal Regulations
State:
- NYCRR: New York Code of Rules and Regulations
- 8 NYCRR: Regulations of the Commissioner of Education
1000 Bylaws
ORGANIZATION OF THE BOARD OF EDUCATION
- 1.1 School District and Board of Education Legal Status and Authority – #1110
- 1.2 Board of Education: Qualifications, Numbers and Terms of Office – #1120
NOMINATION AND ELECTION OF BOARD OF EDUCATION MEMBERS
- 2.1 Board Members: Nomination and Election – #1210
- 2.2 Reporting of Expenditures and Contributions – #1220
- 2.3 Resignations and Vacancies on the Board – #1230
THE ROLE OF THE BOARD OF EDUCATION
- 3.1 Powers and Duties of the Board – #1310
- 3.2 Nomination and Election of Board Officers and Duties of the President
and Vice President – #1320 - 3.3 Appointments and Designations by the Board – #1330
- 3.3.1 Duties of the District Clerk – #1331
- 3.3.2 Duties of the District Treasurer – #1332
- 3.3.3 Duties of the Tax Collector – #1333
- 3.3.5 Appointment and Duties of the Claims Auditor – #1335
- 3.3.7 Duties of the School Attorney – #1337
- 3.3.8 Duties of the School Physician/Nurse Practitioner – #1338
BOARD POLICY
- 4.1 Policy and Administrative Regulations – #1410
MEETINGS OF THE BOARD OF EDUCATION
- 5.1 Regular Board Meetings and Rules (Quorum and Parliamentary Procedure) – #1510
- 5.2 Special Meetings of the Board – #1520
- 5.3 Minutes – #1530
- 5.4 Executive Sessions – #1540
MEETINGS OF THE DISTRICT
- 6.1.1 Business of the Annual District Election – #1611
- 6.2 Annual Organizational Meeting – #1620
- 6.3 Legal Qualifications of Voters at District Meetings – #1630
- 6.4 Absentee, Military, and Early Mail Ballots – #1640
- 6.5 Submission of Questions and Propositions at the Annual Meeting and Election and Special District Meetings – #1650
1110 SUBJECT: SCHOOL DISTRICT AND BOARD OF EDUCATION LEGAL STATUS AND AUTHORITY
The Constitution of New York State instructs the Legislature to provide for a system of free common schools wherein all children of the state may be educated.
The State Legislature has implemented this constitutional mandate through the creation of school districts of various types. As a union-free school district, the Raquette Lake Union Free School District is organized under and subject to the provisions of Education Law Article 35.
The Board is the corporate body charged with the general control, management, and responsibility of the schools of the Raquette Lake Union Free School District. As such, it possesses those powers and duties set forth in law.
The Board is authorized to act as a body duly called in session. Individual board members have no authority over school affairs.
Education Law Sections 2, 1501, 1604, 1701, 1709, 1804, 2502, and 2503
Adopted: 3/23/26
1120 SUBJECT: BOARD OF EDUCATION: QUALIFICATIONS, NUMBERS AND TERMS OF OFFICE
A board member of the District must meet the following qualifications:
- A citizen of the United States;
- Eighteen years of age or older;
- Able to read and write;
- A legal resident of the District for a continuous and uninterrupted period of at least one year prior to the election;
- Cannot be an employee of the District;
- The only member of his or her family (that is, cannot be a member of the same household) on the District Board;
- May not simultaneously hold another incompatible public office, including, but not limited to Superintendent, clerk, tax collector, treasurer or librarian, or an employee of the Board.
- In union-free and central school districts, however, a board member may be appointed clerk of the Board and of the District.
- A board member of a BOCES may not be employed by any of that BOCES’ component districts.
- Must not have been removed from a school district office within one year preceding the date of appointment or election to the Board.
Number of Members
The Board of the District will consist of five members elected by the qualified voters of the District at the annual election as prescribed by law.
Terms of Office
Members of the Board will serve for five years beginning July 1 following their election and each term will expire on the 30th day of June of the fifth year.
Education Law Sections 1602, 1702(1), 1804(1), 1950(9), 2101, 2102, 2103, 2103-a, 2130(1), 2105, and 2502
Public Officers Law Section 3
Town Law Section 23(1)
Adopted: 3/23/26
1210 SUBJECT: BOARD MEMBERS: NOMINATION AND ELECTION
- Candidates for the office of member of the Board must be nominated by a petition directed to the district clerk which is signed by at least 25 qualified voters of the District, or by 2% of the number of voters who voted in the previous annual election, whichever is greater. Petitions must state the residence of each signer and the name and residence of each candidate.
- The notice of the Annual District Meeting must state that petitions nominating candidates for the Board must be filed with the clerk of the District, between 9 a.m. and 5 p.m., no later than 30 days before the Annual or Special District Meeting at which the school board election will occur.
- Voting will be by machine or paper ballot, and provision will be made for the election by “write-in-vote” of any candidate not previously nominated. The position of candidates on ballots will be determined by lot at a drawing conducted by the district clerk on the day after the last filing. Candidates or their proxies may be present for the drawing.
- The hours of voting will be as indicated by board resolution.
- The candidates receiving the largest number of votes will be declared elected in accordance with Education Law.
- At least ten days prior to the election, the Board will appoint at least two inspectors of election for each voting machine or ballot box, and set their salary.
- The district clerk will oversee the election. The clerk will also give notice immediately to each person declared elected to the Board, informing him or her of the election and his or her term of office.
- Only qualified voters, as determined by Education Law Section 2012, may vote at any district meeting or election.
- No electioneering will be allowed within 100 feet of the polling place.
- When a term of office expires at the end of a school year and the office has become vacant at the time of election, the person elected to fill the new full-term vacancy also fills the remaining days of the previous term, beginning his or her term of office immediately upon election and the taking and filing of the oath of office.
Education Law Sections 2004, 2012, 2018, 2025, 2029, 2031-a, 2032, 2034, 2105(14), 2121, 2502, 2602, 2608(1), and 2610
Adopted: 3/23/26
1220 SUBJECT: REPORTING OF EXPENDITURES AND CONTRIBUTIONS
Each candidate for the position of member of the Board whose expenses and/or contributions received exceed $500 must file a statement accounting for his or her campaign expenditures and contributions with the district clerk and an additional statement with the Commissioner of Education. In the event the expenses do not exceed $500 and the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn statement to that effect must only be filed with the district clerk.
Required contribution statements must include:
- The dollar amount and/or fair market value of any receipt, contribution, or transfer which is other than money;
- The name and address of the transferor, contributor, or person from whom received;
- If that transferor, contributor or person is a political committee as defined in Election Law Section 14-100;
- The name and political unit represented by the committee;
- The date of receipt;
- The dollar amount of every expenditure;
- The name and address of the person to whom the expenditure was made, or the name of and political unit represented by the committee to which it was made; and
- The date of the expenditure.
The times for filing the statements are as follows:
- The first statement on or before the thirtieth day preceding the election to which it relates;
- A second statement on or before the fifth day before the election;
- A third statement within 20 days after the election.
Any contribution or loan in excess of $1000 received after the close of the period covered in the last statement filed before the election (b above) but before the election itself must be reported within 24 hours after receipt.
All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths.
Education Law Sections 1528 and 1529
Election Law Section 14-100(1)
Adopted: 3/23/26
1230 SUBJECT: RESIGNATIONS AND VACANCIES ON THE BOARD
Board members may resign at a district meeting of residents (i.e., the Annual Meeting, not a regular board meeting) or by filing a written resignation with the District Superintendent of the Supervisory District who must endorse his or her approval and file the resignation with the district clerk.
Alternatively, a board member may resign by filing a written resignation with the district clerk. The clerk must then notify the Board and the State Board of Elections.
A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the district clerk or BOCES District Superintendent). The Board has no authority to act upon a request to withdraw a resignation.
The resignation will take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it will take effect on the date of delivery to or filing with the district clerk. If an effective date is specified in the letter of resignation, the date must not be more than 30 days subsequent to the date of its delivery or filing.
It will be the duty of each member of the Board to attend all meetings of the Board and, if any member refuses to attend three consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare that office vacant.
A board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order, or regulation of the Commissioner. The Board may also remove a board member for misconduct relating to the exercise of authority as a board member. A written copy of all misconduct charges must be served upon the board member at least ten days before the time designated for a hearing on the charges; the board member will be allowed a full and fair opportunity to refute the charges before removal.
Union Free and Central School Districts
In the event of death, resignation, removal from office or from the District, or refusal to serve as a board member, the District has the power and duty to fill the vacancy. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the full Board and will be only for a term ending with the next annual election of the District.
The Board, at its own option, may instead call a special election within 90 days to fill the unexpired term. If not filled by board appointment or special election, the District Superintendent of the Supervisory District may appoint a competent person to fill the vacancy until the next annual election. Alternatively, the Commissioner of Education may order a special election for filling a vacancy. When a special election is ordered, the vacancy will not be otherwise filled.
A person elected or appointed to fill a vacancy will take office immediately upon filing the oath of office.
A board member who has been removed from office will be ineligible to appointment or election to any office in the District for a period of one year from the date of such removal.
Education Law Sections 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503,
and 2553
Public Officers Law Sections 30, 31, and 35
Adopted: 3/23/26
1310 SUBJECT: POWERS AND DUTIES OF THE BOARD
As a union free school district, the Board has the powers and duties set forth in New York State Education Law, principally Articles 33 and 35, and other applicable federal and state laws and regulations. The Board has, in all respects, the superintendence, management, and control of the educational affairs of the District, and, therefore, has all the powers reasonably necessary to exercise powers granted expressly or by implication, and to discharge duties imposed expressly or by implication, by the laws of New York State and the Commissioner of Education.
Education Law Sections 1604, 1709, 1804, and 2503
NOTE: Refer also to Policy #6540 — Defense and Indemnification of Board Members and Employees
Adopted: 3/23/26
1320 SUBJECT: NOMINATION AND ELECTION OF BOARD OFFICERS AND DUTIES OF THE PRESIDENT AND VICE PRESIDENT
Board officers will be nominated and elected by the Board at its Annual Organizational Meeting for a term of one year. They will take their oath as officers at this meeting along with newly elected members.
The elected officers of the Board are:
- President; and
- Vice president.
Duties of the President of the Board
The president’s duties may include the following:
- Presides at all meetings of the Board;
- Calls special meetings as necessary or on request;
- Appoints members to all committees of the Board;
- Serves ex officio as a member of all committees;
- Executes documents on behalf of the Board;
- Performs the usual and ordinary duties of the office.
Duties of the Vice President of the Board
The Board may, in its discretion, elect one of its members vice president, who will have the power to exercise the duties of the president in case of the president’s absence or disability. If the presidency becomes vacant, the vice president will act as president until a president is elected.
Education Law Sections 1701, 1804, 2105(6), and 2502
Adopted: 3/23/26
1330 SUBJECT: APPOINTMENTS AND DESIGNATIONS BY THE BOARD
Appointments
The Board is authorized to appoint individuals to positions which will facilitate the meeting of its responsibilities to the state, the District, and the community. These appointments usually take place at the Annual Organizational Meeting.
The following will be appointed annually:
- District clerk;
- District treasurer;
- Tax collector and deputies;
- Audit committee (Board of Education as a whole).
The following must be appointed but need not be reappointed annually:
- We appoint the same health service as Town of Webb;
- Records access officer;
- Records management officer;
- Asbestos Hazard Emergency Response Act (AHERA) Local Educational Agency (LEA) designee;
- Civil Rights Compliance Officer(s) (coordinates the District’s efforts to comply with civil rights laws such as Title VI, Section 504, the Americans with Disabilities Act, and the Age Discrimination Act), as applicable to Raquette Lake UFSD employees;
- Title IX Coordinator(s) (coordinates the District’s efforts to comply with Title IX; when appointing, District must “designate and authorize” the Title IX Coordinator(s)), as applicable to Raquette Lake UFSD employees;
- Chemical hygiene officer;
- Chief emergency officer
The following may also be appointed:
- School attorney.
Designations
The following designations will be made by the Board at the Annual Organizational Meeting in July:
- Petty cash fund(s);
- Official newspaper(s);
- Official bank depositories;
- Official bank signatories;
- Purchasing agent;
- Certifier of payrolls.
Authorizations
The following authorizations will be made by the Board at the Annual Organizational meeting in July:
- Approval of attendance at conferences, conventions, workshops, and the like;
- Superintendent to approve budget transfers within limits prescribed by Commissioner’s Regulation Section 170.2 and board guidelines;
- Superintendent to apply for grants in aid (state and federal) as appropriate;
- Establish mileage reimbursement rate;
- Other(s) as deemed appropriate/necessary.
McKinney-Vento Homeless Education Assistance Act, Section 722, as reauthorized by the Every Student
Succeeds Act (ESSA) of 2015
29 CFR Section 1910.1450
Education Law Sections 305(31), 1709, and 2503
8 NYCRR Part 185
21 NYCRR Parts 1401, 9760
Adopted: 3/23/26
1331 SUBJECT: DUTIES OF THE DISTRICT CLERK
The district clerk will be appointed by the Board at its Annual Organizational Meeting and will serve for a period of one year. The clerk’s duties include the following:
- Attending all meetings of the Board, keeping a record of its proceedings, and recording, by name, those in attendance;
- Preparing board meeting minutes, obtaining approval of the minutes by the Board at the next meeting, signing the minutes to signify their official standing, and forwarding copies of the minutes to each board member;
- Sending notices of special meetings to board members;
- Contacting and communicating with members as required;
- Ensuring that the proper legal notices and announcements are published on all specifications and items out on bid, in accordance with state law;
- Maintaining an up-to-date record of board policies and bylaws;
- Delivering to, and collecting from, the president (or vice president) papers for signature as may be necessary;
- Distributing notices to the public announcing availability of budget copies to be presented at the Annual District Meeting in compliance with the requirements of the State Education Law;
- Administering oaths of office;
- Giving written notice of appointment to persons appointed as inspectors of election;
- Calling all meetings to order in the absence of the president and vice president; and
- Assuming other duties customary to the office.
The above duties of the district clerk are not intended to be complete, but should serve as a guide in undertaking the duties of this office. The district clerk will perform other duties as may be assigned periodically by the Board.
Education Law Section 2121
Public Officers Law Sections 10 and 104
Adopted: 3/23/26
1332 SUBJECT: DUTIES OF THE DISTRICT TREASURER
The treasurer is appointed by the Board at the Annual Organizational Meeting and will be covered by a blanket bond. In addition to the routine duties of accounting, filing, posting, and preparing reports and statements concerning district finances, the district treasurer will perform other specific tasks as follows:
- Acts as custodian of all moneys belonging to the District and lawfully deposits these moneys in the depositories designated by the Board;
- Pays all authorized obligations of the District as directed, including payments of bond principal and interest;
- Maintains proper records and files of all checks, and approved payment of bills and salaries;
- Makes all such entries and posts to all such financial ledgers, records and reports, including bond and note registers, as may be properly required to afford the District an acceptable and comprehensive financial accounting of the use of its moneys and financial transactions;
- Signs all checks drawn on district fund accounts provided that the District’s claims auditor has attested to the authority to issue the check based upon proper evidence of a charge against the District’s funds;
- Safeguards either his or her electronic signature and/or the check-signing machine and signature plate, personally overseeing all preparation of checks;
- Assumes other duties customary to the office.
Education Law Sections 2122, 2130, and 2523
Local Finance Law Sections 163 and 165
8 NYCRR Sections 170.2(g), 170.2(o), and 170.2(p)
9 NYCRR Section 540.4
Adopted: 3/23/26
1333 SUBJECT: DUTIES OF THE TAX COLLECTOR
Tax Collector Appointed by the Board
The tax collector is appointed annually by the Board and will be covered by a bond. It is the responsibility of the district tax collector to perform the following duties:
- Coordinates with Hamilton County for the preparation and mailing of tax notices;
- Uses suitable printed tax receipt forms as prescribed by the State Tax Commission;
- Collects taxes in the amount of the warrant, upon the issuance of the tax warrant by the Board and penalty fees in accordance with the terms of the warrant;
- Turns over daily to the district treasurer all money collected by virtue of any tax list and warrant issued;
- Submits a report, certified by him or her to the Board, showing the amount of taxes and fees collected along with the unpaid listing. The combination of taxes collected and uncollected must equal the amount of the warrant;
- Turns over to the county treasurer, prior to November 15, a list of unpaid taxes;
- Carries out any other duties of the position as prescribed in Education Law, Real Property Tax Law, or as established by the Commissioner’s Regulations.
Education Law Sections 2126, 2130, and 2506
General Municipal Law Article 5-G
Real Property Tax Law Sections 578(2), 922, 924, 1322, 1330, and 1338
8 NYCRR Section 170.2
Adopted: 3/23/26
1335 SUBJECT: APPOINTMENT AND DUTIES OF THE CLAIMS AUDITOR
The Board will appoint a claims auditor to examine all claims. This auditor will determine whether the amounts claimed are actual and necessary expenditures, if the goods or services were actually received, whether the district official or employee was authorized to incur the obligation, and if the claims are supported with adequate evidence. Support may include itemized documentation, a thorough description of the goods or services, and detailed receipts and invoices. The claims auditor will ensure that each claim is legitimate, mathematically correct, does not exceed any available appropriation within the applicable budget code, and is made in accordance with district policy, purchasing order, or contract before authorizing payment. This auditor will certify that he or she audited each claim listed on the claims warrant to authorize the treasurer to pay. The treasurer should compare the signed checks to the certified warrant to verify accuracy and consistency before issuing payment.
The claims auditor will report directly to the Board on a monthly basis. The Board may require that the claims auditor report to the clerk of the District, clerk of the Board, or to the Superintendent for administrative matters such as workspace, time, and attendance.
The Board may adopt a resolution establishing the office of deputy claims auditor to act as the claims auditor in the absence of the claims auditor. The Board may, by resolution, abolish the position of deputy claims auditor at any time. The same eligibility requirements and qualifications that apply to a claims auditor apply to the deputy claims auditor.
Qualifications
The claims auditor must have the necessary knowledge and skills to effectively audit claims, including experience with purchasing, bidding, and claims. The claims auditor must be bonded or included in the District’s blanket undertaking, before assuming his or her duties.
The claims auditor should not be:
- A member of the Board;
- The clerk or treasurer of the Board;
- The Superintendent or district official responsible for business management;
- The purchasing agent;
- Clerical or professional personnel directly involved in district accounting and purchasing functions or under the direct supervision of the Superintendent;
- The individual or entity responsible for the internal audit function (the internal auditor);
- The external (independent) auditor responsible for the external audit of the financial statements;
- A close or immediate family member of an employee, officer, or contractor providing services to the District. A close family member is a parent, sibling, or nondependent child; an immediate family member is a spouse, spouse equivalent, or dependent (whether or not related).
The claims auditor is not required to be a resident of the District and will be classified in the civil service exempt class.
Delegation of the Claims Audit Function
The Board may delegate the claims audit function by using inter-municipal cooperative agreements, shared services through a Board of Cooperative Educational Services (BOCES), or independent contractors, provided that the individual, organization, or entity:
- Has no other responsibilities related to the business operations of the District;
- Has no interest in any other contracts with, and does not provide any goods or services to, the District; and
- Is not a close or immediate family member of anyone who has responsibilities related to district business operations, or has an interest in any other contracts with the District.
The Board remains ultimately responsible for auditing all claims.
Education Law Sections 1604(35), 1709(20-a), 2526, and 2554(2)
8 NYCRR Section 170.12(c)
Adopted: 3/23/26
1337 SUBJECT: DUTIES OF THE SCHOOL ATTORNEY
The Board will appoint a school attorney to provide legal counsel to the District. The school attorney’s duties may include:
- Providing legal representation to the District in proceedings before courts and administrative agencies;
- Providing legal opinions as requested by the Board or its agents, and consistent with any agreement between the District and the school attorney;
- Providing counsel in matters related to due process hearings; and/or
- Such other duties as are consistent with law and the scope of the school attorney’s representation.
Adopted: 3/23/26
1338 SUBJECT: DUTIES OF THE SCHOOL PHYSICIAN/NURSE PRACTITIONER
The school physician or nurse practitioner will be appointed by the Board. The duties of the school physician or nurse practitioner will include, but are not limited to, the following:
- Performing professional medical services in the examination and care of school children;
- Performing routine examinations of school children to detect the presence of contagious diseases and physical defects;
- Serving as an on-call member on the Committee on Special Education (CSE), Committee on Preschool Special Education (CPSE), and Section 504 Committee;
- Reporting to the Board on school health services;
- Coordinating scheduling for physical examinations to all students participating in interscholastic athletics;
- Providing final medical clearance for a return to extracurricular athletic activities for all students who have or are believed to have sustained a mild traumatic brain injury (concussion);
- Developing the program of health service in accordance with policies approved by the Board and as directed by the Superintendent;
- Conducting a medical evaluation on any employee at the request of the Board.
8 NYCRR Section 136.5
Education Law Sections 902, 913, and 6902
Adopted: 3/23/26
1410 SUBJECT: POLICY AND ADMINISTRATIVE REGULATIONS
The formulation and adoption of written policies will constitute the basic method by which the Board will exercise its leadership in the operation of the District. The Superintendent will act as an advisor to the Board in adopting and approving of written board policies. The Board will seek input from staff and the community where appropriate. These written board policies will govern the operation of the District.
The adoption of a written policy will occur only after the proposal has been moved, discussed, and voted on affirmatively at two separate meetings of the Board (i.e., the “first reading” and the “second reading”). The policy draft may be amended at the second meeting. By a majority vote, the Board may waive the “second reading” and complete the adoption of the proposed policy at its “first reading.”
Board action is also necessary for revising policies that require amendment or rescinding policies that are no longer relevant or applicable to the District.
The formal adoption, amendment, or deletion of written board policy will be recorded in the official minutes of the Board. This written board policy will govern the conduct and affairs of the District and will be binding upon the members of the educational community in the District.
It will be the Board’s responsibility to keep its written policies up-to-date so that they may be used consistently as a basis for board action and administrative decision. The Superintendent is given the continuing commission of calling to the Board’s attention all policies that are out-of-date or for other reasons appear to need revision.
Execution of Policy: Administrative Regulations
The Board will delegate to the Superintendent the function of specifying required actions and designing the detailed arrangements under which the schools will be operated. These rules and detailed arrangements will constitute the administrative regulations governing the schools, and they will be consistent with the policies adopted by the Board. The Board will be kept informed periodically of changes in administrative regulations.
Education Law Sections 1604(9), 1709(1), 1709(2), and 2503(2)
Adopted: 3/23/26
1510 SUBJECT: REGULAR BOARD MEETINGS AND RULES (QUORUM AND PARLIAMENTARY PROCEDURE)
All board meetings will be open to the public except those portions that are executive sessions. The Board will make reasonable efforts to ensure that all meetings are held in an appropriate facility that can adequately accommodate all members of the public who wish to attend. The Superintendent will attend all board meetings. Members of the Superintendent’s staff may attend board meetings at the Superintendent’s discretion. The Board may also request that additional people attend.
Regular board meetings will take place on the day and time designated by the Board at the Annual Organizational Meeting, except as modified. Any board meeting may be adjourned to a future date and time if approved by a majority of the Board present. Further, if a meeting date falls on a legal holiday, interferes with other area meetings, or board member attendance will be less than a quorum, the Board will select a date for a postponed meeting at the prior regular meeting, and it will direct the district clerk to notify all members. The district clerk will provide the board members written notice of the time of and agenda for each regular meeting before the meeting.
When the Board schedules a meeting on at least one week’s notice, it will give or electronically transmit public notice of the time and place to the news media and conspicuously post the notice in one or more designated public locations at least 72 hours before the meeting. Notice of other meetings will be given or electronically transmitted, to the extent practicable, to the news media and conspicuously posted at one or more designated public locations at a reasonable time before the meeting. When the Board has the ability to do so, it will conspicuously post meeting notices on the District’s website. If a meeting is streamed live over the Internet, the notice will inform the public of the website’s Internet address.
The Superintendent will prepare the meeting agenda during the week before the meeting and review it with the board president. The agenda will then be distributed to board members no later than the Friday before the regular meeting. The president or other board members will submit requests to place matters on the agenda to the Superintendent. Whenever individuals or groups wish to bring a matter to the attention of the Board, they will submit a written request to the Superintendent.
District records available to the public under the Freedom of Information Law, as well as any proposed resolution, rule, regulation, policy, or amendment scheduled to be discussed at a board meeting will be made available upon request, to the extent practicable, at least 24 hours before the meeting. Copies of these records may be made available for a reasonable fee. These records will be posted on the District’s website, to the extent practicable, at least 24 hours before the meeting.
Using Videoconferencing to Conduct Board Meetings
If videoconferencing is used to conduct a board meeting:
a) The Board will provide an opportunity for the public to attend, listen, and observe the meeting at any location where a board member is participating; and
b) The public notice for the meeting will inform the public that videoconferencing will be used, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations.
Voting may be done through videoconferencing provided that board members can be both seen and heard voting and participating from remote locations.
Extraordinary Circumstances
In extraordinary circumstances, the Board may, in its discretion, permit board members to participate in a board meeting remotely by videoconference from locations that are not open to the public. For purposes of this policy, this is referred to as extraordinary circumstances videoconferencing.
However, in order for the Board to utilize extraordinary circumstances videoconferencing, the following conditions must be met:
- The District must maintain an official website.
- The Board must have adopted a resolution, following a public hearing, authorizing the use of extraordinary circumstances videoconferencing:
- For itself and its committees or subcommittees; or
- Specifying that each committee or subcommittee may make its own determination.
- The Board must have established written procedures governing board member and public attendance at meetings where extraordinary circumstances videoconferencing is being used that are consistent with law and those procedures must be conspicuously posted on the District’s website.
- Board members must only participate in meetings remotely from locations that are not open to the public in an extraordinary circumstance. How the Board defines extraordinary circumstances must be set forth in the Board’s resolution and written procedures related to extraordinary circumstances videoconferencing. Extraordinary circumstances may include disability, illness, caregiving responsibilities, or other significant or unexpected factor or event which precludes the board member’s physical attendance at a meeting. Except for an extraordinary circumstance, board members must be physically present at meetings unless a state disaster emergency has been declared or a local state of emergency has been proclaimed and the Board has determined that the circumstances necessitating the emergency declaration would affect or impair the ability of the Board to hold an in-person meeting.
- At the meeting where extraordinary circumstances videoconferencing is being used:
- The public must be able to attend, listen, and observe the meeting in at least one physical location at which a board member is participating.
- A minimum number of board members must be present to fulfill the quorum requirement in the same physical location or locations where the public can attend.
- Except in the case of executive sessions, board members must be able to be heard, seen, and identified while the meeting is being conducted, including, but not limited to, any motions, proposals, resolutions, and any other matter formally discussed or voted upon.
- The minutes of the meeting must include which, if any, board members participated remotely and must be made available in accordance with law.
- The public notice must inform the public that: videoconferencing will be used; where the public can view and/or participate in the meeting; where required documents and records will be posted or available; and identify the physical location(s) for the meeting where the public can attend.
- The meeting must be recorded. The recordings must be posted or linked on the District’s website within five business days following the meeting, and must remain available for a minimum of five years thereafter. Upon request, these recordings must be transcribed.
- The Board must provide the opportunity for the public to view the meeting via video, and to participate in proceedings via videoconference in real time where public comment or participation is authorized and must ensure that videoconferencing authorizes the same public participation or testimony as in person participation or testimony.
- The Board must utilize technology to permit access by individuals with disabilities consistent with the 1990 Americans with Disabilities Act, as amended, and corresponding guidelines.
Recording Meetings
The Board allows public meetings to be photographed, broadcast, webcast, or otherwise recorded and/or transmitted by means of audio or video, in a non-disruptive manner, and it supports the use of this technology to facilitate the open communication of public business.
Quorum
The quorum for any board meeting is three members. No formal action will be taken at any meeting where a quorum is not present. Unless otherwise required by law, official action will only be taken by approval of the majority of the full Board.
Use of Parliamentary Procedure
The Board will use pertinent portions of the latest edition of Robert’s Rules of Order to conduct its business.
Public Comment
The Board encourages courteous and respectful public comment at board meetings. All speakers must conduct themselves in a civil manner. Obscene language, harassing language, defamatory statements, and threats of violence are prohibited. All participants are required to comply with the District Code of Conduct.
The Board will designate a specific portion of its meeting agenda for public comment for a period of up to 30 minutes on agenda items only. The public is not permitted to discuss topics unrelated to the District, matters unrelated to the agenda, and/or matters involving specific individuals. Each speaker will be allowed up to three minutes. The Board may request, but will not require, speakers identify themselves. The Board is not required to allow speakers to cede their remaining time to other speakers. Written comments may be directed to the Board.
If there are a large number of individuals who want to address the Board, the board president may limit the number of repetitive comments being made so that the time limit on public comment is not exceeded.
If individuals engage in disruptive or unruly behavior during the meeting, the board president will remind the audience of this policy and the requirement to conduct themselves in a civil manner and comply with the District Code of Conduct. The board president may call for the removal of disruptive or unruly individuals from the meeting. When appropriate, law enforcement may be called to remove disruptive or unruly individuals. In some instances, individuals engaging in disruptive or unruly behavior may be subject to criminal sanctions.
These rules apply to residents and nonresidents equally.
Education Law Sections 1708, 2504, and 2801
General Construction Law Section 41
Penal Law Section 240.20
Public Officers Law Article 7
8 NYCRR Section 100.2
NOTE: Refer also to Policies #1520 — Special Meetings of the Board
#1540 — Executive Sessions
Adopted: 3/23/26
1520 SUBJECT: SPECIAL MEETINGS OF THE BOARD
Any member of the Board may call for a special meeting. A reasonable and good-faith effort will be made by the Superintendent or the board president, as the case may be, to give every member of the Board 24-hours’ notice of the time, place, and purpose of the meeting. In an emergency, however, the members may waive the 24-hour notice requirement.
All special meetings will be held at a regular meeting place of the Board and in accordance with all applicable provisions of the Open Meetings Law. Public notice of the time and place will be given, to the extent practicable, to the news media, and it will be conspicuously posted in one or more designated public locations at a reasonable time before the meeting.
Education Law Section 1606(3)
Public Officers Law Sections 103 and 104
NOTE: Refer also to Policy #1510 — Regular Board Meetings and Rules (Quorum and
Parliamentary Procedure)
Adopted: 3/23/26
1530 SUBJECT: MINUTES
Board minutes are a legal record of the activities of the Board as a public corporation having the specified legal purpose of maintaining public schools. The minutes of all meetings will be kept by the district clerk or, in their absence, by the Superintendent or designee. The minutes will be complete, accurate, and maintained in accordance with law. All minutes must be signed by the district clerk when approved. Unless otherwise provided by law, minutes will be available to the public and posted on the district website within two weeks from the date of a meeting; draft copies, so marked, are acceptable, subject to correction.
Minutes of executive sessions need not include any matter which is not required to be made public by the Freedom of Information Law (FOIL).
The minutes of each meeting of the Board will state:
- The type of meeting;
- The date, time of convening, and adjournment;
- Board members present and absent;
- Board members’ arrival and departure time, if different from opening or adjournment times;
- All action taken by the Board, including a record or summary of all motions, proposals, resolutions, and other matters formally voted upon, with evidence of those voting in the affirmative and the negative, and those abstaining.
Minutes of Executive Sessions
Minutes will be taken at executive sessions of any action that is taken by formal vote. The minutes will consist of a record or summary of the final determination of the action, the date, and the vote. However, this summary need not include any matter which is not required to be made public by the FOIL.
If action is taken by a formal vote in executive session, minutes will be available to the public and posted on the district website within one week of the date of the executive session.
Education Law Sections 1721, 2121, and 3020-a
Public Officers Law Sections 87, 103, 103-a, and 106
NOTE: Refer also to Policy #1510 — Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)
Adopted: 3/23/26
1540 SUBJECT: EXECUTIVE SESSIONS
Upon a majority vote of its total membership, taken in an open meeting in accordance with a motion identifying the general area or areas of the subject or subjects to be considered, the Board may conduct an executive session for discussion of the below listed purposes only, provided, however, that no action by formal vote will be taken except on an Education Law Section 3020-a probable cause finding. For all other purposes, the action by formal vote will be taken in open meeting and properly recorded in the minutes of the meeting. Attendance at an executive session will be permitted to any board member and any persons authorized or requested to attend by the Board. The Superintendent will attend all executive sessions except those that concern his or her evaluation, employment, or salary.
- Matters that will imperil the public safety if disclosed;
- Any matter that may disclose the identity of a law enforcement agent or informer;
- Information relating to current or future investigation or prosecution of a criminal offense that would imperil effective law enforcement if disclosed;
- Discussions regarding proposed, pending or current litigation;
- Collective negotiations pursuant to Civil Service Law Article 14;
- Medical, financial, credit, or employment history of any particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any particular person or corporation;
- Preparation, grading, or administration of examinations;
- Proposed acquisition, sale, or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value.
Motions for executive sessions should state the subject or subjects to be discussed in executive session. It is insufficient to merely recite statutory language.
Matters discussed in executive sessions must be treated as confidential.
Education Law Sections 1708(3) and 3020-a
Public Officers Law Article 7
Adopted: 3/23/26
1610 SUBJECT: ANNUAL DISTRICT MEETING AND ELECTION/BUDGET VOTE
The Annual District Meeting and Election/Budget Vote for the District will be held on the third Tuesday in May. At this time, the District’s registered voters will elect members of the Board and will also vote on the district budget for the upcoming school year. However, in the event that the third Tuesday in May conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the Annual Meeting and Election/Budget Vote on the second Tuesday in May. This request from the Board must be certified and received by the Commissioner no later than March 1.
In the event that a school budget revote is necessary, it will be held on the third Tuesday of June. However, in the event that the third Tuesday of June conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the budget revote on the second Tuesday in June. This request from the Board must be certified and received by the Commissioner no later than March 1.
The district clerk will give notice of the time and place of holding the Annual Meeting and Election/Budget Vote by publishing this notice four times within seven weeks preceding the meeting. The first publication of the notice must be at least 45 days prior to the meeting. This notice must appear in two newspapers, if there are two newspapers which have a general circulation within the District, or one newspaper, if there is one newspaper with a general circulation within the District. The notice must also contain any other information as required by law.
Copies of the proposed annual operating budget for the succeeding year to be voted upon at the Annual Meeting and Election will be available to district residents, on request, in each district school building during certain designated hours on each day other than a Saturday, Sunday, or holiday during the 14 days preceding the Annual Meeting. The availability of this budget information will be included in a legal notice of the Annual Meeting; and the copies of the proposed budget will also be available to district residents at the time of the Annual Meeting and Election.
Education Law Sections 1608, 1716, 1804(4), 1906(1), 2003(1), 2004(1), 2007(3), 2017(5), 2017(6), 2022(1), 2504, and 2601-a(2)
NOTE: Refer also to Policy #1640 — Absentee, Military, and Early Mail Ballots
Adopted: 3/23/26
1611 SUBJECT: BUSINESS OF THE ANNUAL DISTRICT ELECTION
The Board will appoint a qualified voter as chairperson of the Annual District Meeting and Election/Budget Vote.
The chairperson will call the Annual District Meeting to order and proceed to the following order of business:
- Designate the district clerk as clerk of the election and assistant clerks;
- Designate tellers and/or inspectors of election as previously appointed by the Board;
- Read the notice of call of the election by the clerk;
- Open the voting process, whether by machine or paper ballot;
- Close the voting process;
- Receive the clerk’s report of the election results;
- Adjourn.
Education Law Sections 1716, 2025, and 2601-2613
Adopted: 3/23/26
1620 SUBJECT: ANNUAL ORGANIZATIONAL MEETING
The Annual Organizational Meeting of the Board will be held in July on or before the Monday after the 20th day in July of each year.
Officers
The meeting will be called to order by the district clerk, who will act as a temporary chairperson. The Board will proceed to the election of a president. The president will then take the chair. The Board will then elect a vice president. Election will be by a majority vote.
Oath of Office
The district clerk will administer the oath of office to the newly elected officers and new members of the Board.
Education Law Sections 1701, 1707, 2502, and 2504
Public Officers Law Section 10
Adopted: 3/23/26
1630 SUBJECT: LEGAL QUALIFICATIONS OF VOTERS AT DISTRICT MEETINGS
A person will be entitled to register and vote at any school meeting for election of members of the Board, and upon all matters which may be brought before such meeting, who is:
- A citizen of the United States;
- Eighteen years of age or older;
- A resident within the District for a period of 30 days preceding the next meeting at which he or she offers to vote.
Any person who would not be qualified to register or vote under the provisions of Election Law Sections 5-100 and 5-106 will not have the right to register for or vote in an election.
Education Law Sections 2012, 2014, 2025, and 2603
Election Law Article 5
Adopted: 3/23/26
1640 SUBJECT: ABSENTEE, MILITARY, AND EARLY MAIL BALLOTS
Absentee Ballots
The Board authorizes the district clerk or a board designee to provide absentee ballots to qualified district voters. Absentee ballots will be used for the election of board members and district public library trustees, the adoption of the annual budget, and district public library budget and referenda.
A district voter must request in advance an application for an absentee ballot. The voter must complete the application and state the reason they will not be able to appear in person on the day of the district election/vote for which the absentee ballot is requested. The application must be received by the district clerk or board designee at least seven days before the election/vote if the ballot is to be mailed to the voter, or the day before the election/vote if the ballot is to be delivered personally to the voter.
An absentee ballot will also be mailed to every qualified district voter otherwise eligible for an absentee ballot who sends a signed letter requesting an absentee ballot which states the address of the voter to the district clerk or board designee. The signed letter must be received by the district clerk or board designee not earlier than the thirtieth day before the election/vote and at least seven days before the election/vote. Enclosed with the absentee ballot will be an application form for the absentee ballot. The absentee ballot will not be counted unless a valid application form is enclosed with the ballot.
A qualified district voter is eligible to vote by absentee ballot if they expect in good faith to be in one of the following categories:
- A resident or patient in a hospital, including a veteran’s administration hospital, or unable to appear personally at the polling place on that day because of illness or physical disability, or duties related to the primary care of one or more individuals who are ill or physically disabled; or
- Absent from the county of the applicant’s residence; provided, however, if the applicant expects to be absent from the county for a duration covering more than one election and seeks an absentee ballot for each election, the applicant will state the dates when they expect to begin and end the absence; or
- Detained in jail awaiting action by a grand jury or awaiting trial or confined in jail or prison after a conviction for an offense other than a felony and stating the place where the applicant is detained or confined.
Statements on the application for an absentee ballot must be signed and dated by the voter.
A voter’s absentee ballot must reach the office of the district clerk or board designee not later than 5 p.m. on the day of the election/vote in order that their vote may be canvassed.
Qualified district voters who are unable to personally appear at the polling place because of a permanent illness or physical disability and whose registration record has been marked “permanently disabled” pursuant to law are entitled to receive subsequent absentee ballots without making separate application if the applicants have previously applied for an absentee ballot.
A list of all persons to whom absentee ballots have been issued will be maintained in the office of the district clerk or board designee and made available for public inspection during regular office hours until the day of the election/vote. Any qualified voter may, upon examination of this list, file a written challenge of the qualifications as a voter of any person whose name appears on this list, stating the reason for the challenge. A challenge to an absentee ballot may not be made on the basis that the voter should have applied for an early mail ballot. The written challenge will be transmitted by the district clerk or board designee to the election inspectors on the day of the district election/vote.
Military Ballots
The Board authorizes the district clerk or a board designee to provide military ballots to military voters to be used for the election of board members and district public library trustees, the adoption of the annual budget, and district public library budget and referenda.
A military voter is:
- A qualified voter of New York State who:
- Is in actual military service and, by reason of that military service, is absent from the District on the day of registration or election; or
- Is discharged from that military service within 30 days of an election; or
- A spouse, parent, child, or dependent of the previously described voter, accompanying or being with that voter, if a qualified voter of New York State and a resident of the District.
A military voter may designate a preference to receive a military ballot application or a military ballot by mail, fax, or email. This designation will remain in effect until revoked or changed by the military voter. If a military voter does not designate a preference, a military ballot application or a military ballot will be provided to the military voter by mail.
Military ballots will be distributed as soon as practicable, but no later than 25 days before the election/vote.
Three days before the first day for distribution of military ballots, the names of all candidates duly nominated for public office and the amendments, referenda, propositions, and questions to be voted for on the ballots will be determined. If, at a later date, the nomination of any candidate named on a military ballot is found invalid, the ballot will still be valid, but no vote for the invalid candidate will be counted in the election/vote.
A voter’s military ballot must be received by the office of the district clerk or board designee not later than 5 p.m. on the day of the election/vote in order that their vote may be canvassed at which point the military ballot will be processed in the same manner as absentee ballots.
All military ballot applications and military ballots must be returned by mail or in person.
Early Mail Ballots
The Board authorizes the district clerk or a board designee to provide early mail ballots to qualified district voters. Early mail ballots will be used for the election of board members and district public library trustees, the adoption of the annual budget, and district public library budget and referenda.
A district voter must request in advance an application for an early mail ballot. The voter must complete the application. The application must be received by the district clerk or board designee at least seven days before the election vote if the ballot is to be mailed to the voter, or the day before the election/vote, if the ballot is to be delivered personally to the voter.
An early mail ballot will also be mailed to every qualified district voter otherwise eligible for an early mail ballot who sends a signed letter requesting an early mail ballot which states the address of the voter to the district clerk or board designee. The signed letter must be received by the district clerk or board designee not earlier than the thirtieth day before the election/vote and at least seven days before the election/vote. Enclosed with the early mail ballot will be an application form for the early mail ballot. The early mail ballot will not be counted unless a valid application form is enclosed with the ballot.
Any qualified district voter is eligible to vote by early mail ballot.
Statements on the application for an early mail ballot must be signed and dated by the voter.
A voter’s early mail ballot must reach the office of the district clerk or board designee not later than 5 p.m. on the day of the election/vote in order that their vote may be canvassed.
A list of all persons to whom early mail have been issued will be maintained in the office of the district clerk or board designee and made available for public inspection during regular office hours until the day of the election/vote. Any qualified voter may, upon examination of this list, file a written challenge of the qualifications as a voter of any person whose name appears on this list, stating the reason for the challenge. A challenge to an early mail ballot may not be made on the basis that the voter should have applied for an absentee ballot. The written challenge will be transmitted by the district clerk or board designee to the election inspectors on the day of the district election/vote.
The Board authorizes the district clerk to provide early mail ballots to qualified district voters. Early mail ballots will be used for the election of board members and district public library trustees, the adoption of the annual budget, and district public library budget and referenda.
A district voter must request in advance an application for an early mail ballot. The voter must complete the application. The application must be received by the district clerk no earlier than the thirtieth day before the election/vote. The application must be received by the district clerk at least seven days before the election/vote if the ballot is to be mailed to the voter or the day before the election/vote if the applicant or their agent delivers the application to the district clerk in person.
Any qualified district voter is eligible to vote by early mail ballot.
Statements on the application for an early mail ballot must be signed and dated by the voter.
A voter’s early mail ballot must reach the office of the district clerk not later than 5 p.m. on the day of the election/vote in order that their vote may be canvassed.
A list of all persons to whom early mail ballots have been issued will be maintained in the office of the district clerk and made available for public inspection during regular office hours until the day of the election/vote. Any qualified voter may, upon examination of this list, file a written challenge of the qualifications as a voter of any person whose name appears on this list, stating the reason for the challenge. A challenge to an early mail ballot may not be made on the basis that the voter should have applied for an absentee ballot. The written challenge will be transmitted by the district clerk to the election inspectors on the day of the district election/vote.
Education Law Sections 2014, 2018-a, 2018-b, 2018-d, 2018-e, 2018-f, and 2613
8 NYCRR Part 122
Adopted: 3/23/26
1650 SUBJECT: SUBMISSION OF QUESTIONS AND PROPOSITIONS AT THE ANNUAL MEETING AND ELECTION AND SPECIAL DISTRICT MEETINGS
Questions and Propositions at the Annual Meeting and Election
The following rules and regulations will apply to the submission of questions or propositions at the Annual Meeting and Election of this District:
- Questions or propositions must be submitted by petition directed to the district clerk and must be signed by 25 qualified voters, or 5% of the registered voters of the District who voted in the previous annual election of board members, whichever is greater.
- A separate petition will be required for each question or proposition.
- Each petition must be filed with the district clerk. Petitions relating to an Annual Election must be filed not later than 60 days preceding the election at which the question or proposition is to be voted upon.
- Questions or propositions submitted in accordance with these rules and accepted will be printed on the ballot. The District, however, retains the right to reject petitions as permitted by law, including, but not limited to, instances where the petitions are advisory in nature or beyond the power of the voters.
- The Board will cause the rules and regulations set forth in this policy to be distributed within the District.
- Nothing in this policy affects the nominations of candidates as set forth in the Annual District Election notice in accordance with Education Law Section 2018.
Questions or Propositions to be Submitted at Special District Meetings
The procedure for requesting the Board to call a special district meeting to vote on a question or proposition will be in accordance with Education Law.
Education Law Sections 1703, 2008, 2018, 2035(2), and 2601-a
Adopted: 3/23/26
2000 Internal Operations
INTERNAL OPERATIONS
- 1.1 Orienting and Training Board Members – #2110
BOARD OF EDUCATION COMMITTEES
- 2.1 Committees of the Board – #2210
BOARD OF EDUCATION ACTIVITIES
- 3.2 Attendance by Board Members at Conferences, Conventions, and Workshops – #2320
- 3.3 Compensation and Expenses – #2330
- 3.4 Board Self-Evaluation – #2340
2110 SUBJECT: ORIENTING AND TRAINING BOARD MEMBERS
The Board and its staff will assist each new member-elect to understand the Board’s functions, policies, and procedures before he or she takes office, by:
- Giving the electee selected materials relating to the responsibilities of Board membership supplied by local, state, or national school-board associations or other professional organizations;
- Inviting the electee to attend board meetings and to participate in its discussions;
- Having the clerk supply material pertinent to meetings and explaining its use;
- Inviting the electee to meet with the Superintendent and other administrative personnel to discuss services they perform for the Board;
- Having the clerk provide a copy of or access to the Board’s policies and bylaws;
- Providing the opportunity to attend a local, state, or national school-board association’s orientation program.
Board Member Training
Within the first year of election or appointment, each board member must complete a minimum of six hours of training on the financial oversight, accountability, and fiduciary responsibilities of a school board member and a training course acquainting him or her with the powers, functions, and duties of Boards, as well as the powers and duties of other governing and administrative authorities affecting public education. Re-elected board members will not be required to repeat this training. The curriculum and provider of this training must be approved by the Commissioner of Education.
Upon completing the required training, the board member will file with the district clerk a certificate of completion issued by the provider of the training. Actual and necessary expenses incurred by a board member in complying with these requirements are a lawful charge to the District.
Education Law Section 2102-a
8 NYCRR Section 170.12(a)
Adopted: 3/23/26
2210 SUBJECT: COMMITTEES OF THE BOARD
The Board and/or the president of the Board may, at its discretion, establish committees for the purpose of undertaking a specific task in connection with board activity. These committees, however, cannot make legal decisions for the entire board.
At the request of the Board, the president will appoint temporary committees consisting of less than a quorum of the full membership for special purposes. These committees will be discharged on the completion of their assignment. The president of the Board will be an ex officio member of these committees.
The Board recognizes that it may be necessary to periodically authorize advisory committees for the purpose of enlisting opinions and counsel of the general public. These committees will be appointed by the Board. The Board has the right to accept, reject, or modify all or any part of a committee recommendation.
Visitation Committees
The Board will appoint one or more committees to visit every school or department at least once annually and report on their conditions at the next regular meeting of the Board.
Education Law Sections 1708, 2116-c, and 4601
Adopted: 3/23/26
2320 SUBJECT: ATTENDANCE BY BOARD MEMBERS AT CONFERENCES, CONVENTIONS, AND WORKSHOPS
The Board believes that continuing in-service training and development are important for its members. The Board, therefore, encourages the participation of all members at appropriate school board conferences, conventions, and workshops which are believed to be of benefit to the District. However, in order to control both the investment of time and funds necessary to implement this policy, the Board establishes the following guidelines:
- The board clerk will inform the Board of upcoming conferences, conventions, and workshops. The Board will periodically decide which meetings appear to be most likely to produce direct and indirect benefits to the District. At least annually, the Board will identify those new ideas or procedures and/or cost benefits that can be ascribed to participation at these meetings.
- Funds for participation at conferences, conventions, workshops and the like will be budgeted for on an annual basis. When funds are limited, the Board will designate which members are to participate at a given meeting.
- Reimbursement to board members for all actual and necessary registration fees, expenses of travel, meals and lodging, and all necessary tuition fees incurred in connection with attendance at conferences and the like will be in accordance with established regulations for expense reimbursement.
- When a conference, convention, or workshop is not attended by the full Board, those who do participate will be requested to share information, recommendations, and materials acquired at the meeting.
The authorization for board members to attend a conference, convention, or workshop will be by board resolution adopted prior to attendance. However, the Board, in its discretion, may delegate the power to authorize attendance at conferences to the president of the Board.
Where authorization has been delegated to the president of the Board, no expense or claim form will be paid unless a travel order or similar document signed by the president is attached to the form, authorizing the claimant to attend the conference.
Education Law Section 2118
General Municipal Law Sections 77-b and 77-c
NOTE: Refer also to Policies #5323 — Reimbursement for Meals/Refreshments
#6161 — Conference/Travel Expense Reimbursement
Adopted: 3/23/26
2330 SUBJECT: COMPENSATION AND EXPENSES
No member of the Board may receive any compensation for his or her services unless he or she also serves as district clerk and is paid as clerk. All members of the Board may be reimbursed for actual expenses incurred in representing the District. All bills or claims for reimbursement must be itemized in reasonable detail.
Conference Travel for Newly Elected Board Members
In accordance with General Municipal Law, the Board, by a majority vote, may authorize a newly elected board member whose term of office has not yet commenced to attend a conference. This conference travel must be for official district business utilizing a cost-effective and reasonable method of travel.
Authorization must be by resolution adopted prior to attendance and duly entered in the minutes. However, the Board may delegate the power to authorize attendance at a conference to the board president or board vice president.
Education Law Section 2118
General Municipal Law Sections 77-b and 77-b(2)
Adopted: 3/23/26
2340 SUBJECT: BOARD SELF-EVALUATION
The Board will review the effectiveness of its internal operations at least once annually and formulate a plan for improving its performance. The Superintendent and others who work regularly with the Board may be asked to participate in this review and to suggest ways by which the Board can improve its functioning as a legislative body.
Adopted: 3/23/26
3000 Community Relations
SCHOOL COMMUNITY RELATIONS
- 1.1 Media/Municipal Governments/Senior Citizens – #3110
- 1.4 Flag Display – #3140
PARTICIPATION BY THE PUBLIC
- 2.8 Use of School Facilities, Materials, and Equipment – #3280
- 2.8.1 Use of Facilities by the Boy Scouts of America and Patriotic Youth Groups – #3281
- 2.9 Operation of Motor-Driven Vehicles on District Property – #3290
DISTRICT RECORDS
- 3.1 Public Access to Records – #3310
- 3.1.1 Notification of Disclosure of Employee Disciplinary Records – #3311
- 3.2 Confidentiality of Computerized Information – #3320
PUBLIC ORDER ON SCHOOL PROPERTY
- 4.1 Code of Conduct – #3410
- 4.1.1 Prohibition of Weapons on School Grounds – #3411
- 4.2 Non-Discrimination and Anti-Harassment in the District – #3420
- 4.2.1 Title IX and Sex Discrimination – #3421
3110 SUBJECT: MEDIA/MUNICIPAL GOVERNMENTS/SENIOR CITIZENS
School District Media
As the official spokesperson, the Superintendent or designee will issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the district clerk.
Municipal Governments
The Board will establish and maintain a positive working relationship with the governing bodies of the municipality. The Board will also cooperate with municipal, county, and state agencies whose work affects the welfare of the children of the District, including, but not limited to, the County Social Services Department, the Board of Health, the Recreation Department, the Public Library, and all community emergency services agencies.
Senior Citizens
The Board will consider school-related programs for senior citizens in accordance with Education Law and/or the Commissioner’s Regulations. These programs include special use of school buildings, and partial tax exemptions.
Education Law Sections 1501-b(1)(a), 1501-b(1)(b), and 1709(22)
Real Property Tax Law Section 467
Adopted: 3/23/26
3140 SUBJECT: FLAG DISPLAY
In accordance with State Education Law and Executive Law, the Board will display the United States flag upon or near each public school building during school hours, weather permitting, and such other times as the statutes may require or the Board may direct.
When ordered by the President, Governor, or local official, to commemorate a tragic event or the death of an outstanding individual, the flag will be flown at half-staff. The Superintendent’s approval will be required for the flag to be flown at half-staff on any other occasion.
The flag will be displayed in every assembly room (i.e., the auditorium) including the room where the board meetings are conducted, as well as displayed in all rooms used for instruction.
4 USC Section 6
Education Law Sections 418-420
Executive Law Sections 402 and 403
8 NYCRR Sections 108.1-108.3
Adopted: 3/23/26
3280 SUBJECT: USE OF SCHOOL FACILITIES, MATERIALS, AND EQUIPMENT
School Facilities
It is the policy of the Board to encourage the greatest possible use of school facilities for community-wide activities including those uses permitted by New York law. Individuals or groups wishing to use the school facilities must secure written permission from the Board or its designee and abide by the rules and regulations established for use, including restrictions on alcohol, tobacco, and drug use. All visitors must comply with the District’s Code of Conduct.
The District reserves the right to charge a fee for the use of its facilities in a manner consistent with law, and on terms specified in regulation or by agreement with these organizations.
Materials and Equipment
Except when used in connection with, or rented under provisions of Education Law Section 414, school-owned materials or equipment may be used for school-related purposes only. Private or personal use of school-owned materials and equipment is strictly prohibited. The loan of equipment and materials for public purposes that serve the welfare of the community is allowed, as long as the equipment is not needed at that time for school purposes and that the proposed use will not disrupt normal school operations.
The Board will permit school materials and equipment to be loaned to staff members when such use is directly or peripherally related to their employment, and to students when the material and equipment is to be used in connection with their studies or extracurricular activities. Community members will be allowed to use school-owned materials and equipment only for educational purposes that relate to school operations. 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 this inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly equipment and resources.
Education Law Section 414
NY Constitution Article 8
NOTE: Refer also to Policies #3281 — Use of Facilities by the Boy Scouts of America and Patriotic Youth Groups
#3410 — Code of Conduct
#5640 — Smoking, Tobacco, and Cannabis (Marijuana) Use
#6150 — Alcohol, Tobacco, Drugs, and Other Substances (Staff)
District Code of Conduct
Adopted: 3/23/26
3281 SUBJECT: USE OF FACILITIES BY THE BOY SCOUTS OF AMERICA AND PATRIOTIC YOUTH GROUPS
To the extent the District receives funds made available through the United States Department of Education and maintains a “designated open forum” or a “limited public forum,” as those terms are defined in federal regulation, it will not deny any group officially affiliated with the Boy Scouts of America or any other patriotic youth group listed in Title 36 of the United States Code equal access or a fair opportunity to meet. Likewise, the District will not discriminate against any group that requests to conduct a meeting within the District’s designated open forum or limited public forum, including denying access or opportunity or discriminating for reasons based on the group’s membership or leadership criteria or oath of allegiance to God and country.
The District will provide groups officially affiliated with the Boy Scouts of America or other Title 36 patriotic youth group access to facilities and the ability to communicate using school-related means of communication on terms that are no less favorable than the most favorable terms provided to other outside youth or community groups.
The District is not required to sponsor any group officially affiliated with Boy Scouts or any other Title 36 patriotic youth group.
20 USC Section 7905
36 USC Subtitle II
34 CFR Parts 75, 76, and 108
NOTE: Refer also to Policy #3280 — Use of School Facilities, Materials, and Equipment
Adopted: 3/23/26
3290 SUBJECT: OPERATION OF MOTOR-DRIVEN VEHICLES ON DISTRICT PROPERTY
The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATVs) and other like vehicles is prohibited on any school grounds or areas except for authorized school functions or purposes. A school function means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place in another state.
All student vehicles must be registered with the high school principal and parked in authorized areas only.
Education Law Section 2801(1)
Vehicle and Traffic Law Section 1670
Adopted: 3/23/26
3310 SUBJECT: PUBLIC ACCESS TO RECORDS
Access to district records will be consistent with the rules and regulations established by the New York State Committee on Open Government and will comply with all the requirements of the New York State Freedom of Information Law (FOIL).
Records Access Officer
The Superintendent, subject to the approval of the Board, will designate a records access officer who will have the duty of coordinating the District’s response to public requests for access to records.
Fulfilling FOIL Requests
The District will provide copies of records in the format and on the medium requested by the person filing the FOIL request if the District can reasonably do so regardless of burden, volume, or cost of the request. The District may charge a fee for copies as permitted by law and regulation.
The District may require a person requesting lists of names and addresses to provide a written certification that they will not use the lists of names and addresses for solicitation or fundraising purposes and will not sell, give, or otherwise make available the lists of names and addresses to any other person for the purpose of allowing that person to use the lists of names and addresses for solicitation or fundraising purposes.
Requests for Records via Email
If the District has the capability to retrieve or extract electronic records with reasonable effort, it will provide the records electronically upon request. The District will accept requests for records submitted in the form of email and respond to those requests by email using the forms supplied by the District. This information will be posted on the district website, clearly designating the email address for purposes of receiving requests for records via this format.
When the District maintains requested records on the Internet, the response will inform the requester that the records are accessible via the Internet and in printed form either on paper or other information storage medium.
Notification
The District will post in a conspicuous location wherever records are kept and/or publish in a local newspaper of general circulation a notice which contains: the locations where records will be made available for inspection and copying; the name, title, business address, and business telephone number of the records access officer; and the right to appeal a denial of access to records with the name and business address of the person or body to whom the appeal should be directed.
Additional Provisions
Regulations and/or procedures governing access to district records in relation to FOIL requests will be developed.
Education Law Section 2116
Public Officers Law Article 6
21 NYCRR Part 1401
NOTE: Refer also to Policies #1510 — Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)
#3311 — Notification of Disclosure of Employee Disciplinary Records
Adopted: 3/23/26
3311 SUBJECT: NOTIFICATION OF DISCLOSURE OF EMPLOYEE DISCIPLINARY RECORDS
Overview
In accordance with New York State Public Officers Law, this policy establishes a process to notify district employees when the District is responding to a request for their disciplinary records.
Scope
This policy applies to all current and former employees of the District whose disciplinary records may be subject to public disclosure under the Freedom of Information Law (FOIL).
What Constitutes an Employee Disciplinary Record
For purposes of this policy, disciplinary records are any record created in furtherance of a disciplinary proceeding, including, but not limited to:
- The complaints, allegations, and charges against an employee;
- The name of the employee complained of or charged;
- The transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;
- The disposition of any disciplinary proceeding; and
- The final written opinion or memorandum supporting the disposition and discipline imposed including the District’s complete factual findings and its analysis of the conduct and appropriate discipline of the covered employee.
Notification Upon Release of Disciplinary Records
When the District releases an employee’s disciplinary records in response to a FOIL request, it will promptly provide written notification to the affected employee, unless the request is from the employee for their own records.
For current employees, this notification will be sent to the employee’s work email address or, if unavailable, their home address on file with human resources.
For former employees, this notification will be sent to the employee’s last known home address on file with human resources. The District will make every reasonable effort to notify former employees, and will document the steps taken to do so.
Content of Notification
The notification will include a brief description of the released records. This notification is for informational purposes only and does not require employee consent. Its purpose is to ensure employees are aware of the disclosure.
Public Officers Law Section 87
NOTE: Refer also to Policy #3310 — Public Access to Records
Adopted: 3/23/26
3320 SUBJECT: CONFIDENTIALITY OF COMPUTERIZED INFORMATION
The safeguarding of confidential data from inappropriate use is essential to the success of the District’s operation. Access to confidential computerized data will be limited only to authorized personnel of the District.
It is a violation of the District’s policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of computerized data is subject to disciplinary action.
However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose this information.
Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232(g)
34 CFR Part 99
Public Officers Law Section 84 et seq.
Adopted: 3/23/26
3410 SUBJECT: CODE OF CONDUCT
The District has developed and will amend, as appropriate, a written Code of Conduct for the maintenance of order on school property and at school functions. The Code will govern the conduct of school personnel, as well as visitors and vendors. The Board will further provide for the enforcement of this Code of Conduct.
For purposes of this policy, and the Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of the District’s administrative building and a school function means a district-sponsored event or activity regardless of where the event or activity takes place.
The District Code of Conduct has been developed in collaboration with personnel.
The District Code of Conduct will be adopted by the Board only after at least one public hearing that provided for the participation of school personnel, community members, and any other interested parties.
The District Code of Conduct will be reviewed on an annual basis, and updated as necessary in accordance with law. The District may establish a committee to facilitate review of its Code of Conduct and the District’s response to violations. The Board will reapprove any updated Code of Conduct or adopt revisions only after at least one public hearing that provides for the participation of school personnel, community members, and any other interested parties. The District will file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the commissioner, no later than 30 days after their respective adoptions.
The Board will ensure community awareness of its Code of Conduct by:
- Posting the complete Code of Conduct on the Internet website, if any, including any annual updates and other amendments to the Code;
- Making complete copies available for review by staff, community members, and other interested parties
Education Law Article 2, Sections 801-a, 2801, and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law Section 142
8 NYCRR Section 100.2
NOTE: Refer also to District Code of Conduct
Adopted: 3/23/26
3411 SUBJECT: PROHIBITION OF WEAPONS ON SCHOOL GROUNDS
With the exception of law enforcement officers, as permitted by law, and individuals who have the express written permission of the Board or its designee, no person may have in his or her possession any weapon on school grounds, in any district building, on a school bus or district vehicle, or at any school-sponsored activity or setting under the control and supervision of the District. This prohibition includes, but is not limited to: any of the objects or instruments referred to in Section 265.01 of the New York State Penal Law; any air-gun, spring-gun, or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge; and any object that could be considered a reasonable facsimile of a weapon.
Penal Law Sections 265.01-265.06
NOTE: Refer also to Policy #3410 — Code of Conduct
Adopted: 3/23/26
3420 SUBJECT: NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE DISTRICT
Overview
(The Town of Webb School District policy shall be applicable for students to maximum extent possible.)
The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses complaints of discrimination and/or harassment made under applicable federal and state laws and regulations, as well as any applicable district policy, regulation, procedure, or other document such as the District’s Code of Conduct. It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free work environment.
In accordance with applicable federal and state laws and regulations, the District does not discriminate on the basis of any legally protected class or category in its programs and activities or when making employment decisions. Further, the District prohibits discrimination and harassment on school property and at school functions on the basis of any legally protected class or category including, but not limited to:
- Age;
- Race;
- Creed;
- Religion;
- Color;
- National origin;
- Citizenship or immigration status;
- Sexual orientation;
- Gender identity or expression;
- Military status;
- Sex;
- Disability;
- Predisposing genetic characteristics;
- Familial status;
- Marital status; and
- Status as a victim of domestic violence.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of discrimination and/or harassment. The District will promptly respond to reports of discrimination and/or harassment, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.
Inquiries about this policy may be directed to the District’s Civil Rights Compliance Officer(s) (CRCO(s)).
Scope and Application
This policy outlines the District’s general approach to addressing complaints of discrimination and/or harassment. This policy applies to the dealings between or among the following parties on school property and at school functions:
- Employees;
- Applicants for employment;
- Paid or unpaid interns;
- Anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace;
- Volunteers; and
- Visitors or other third parties.
Further, discrimination and/or harassment that occurs off school property and somewhere other than a school function can disrupt the District’s educational and work environment. This conduct can occur in-person or through phone calls, texts, emails, or social media. Accordingly, conduct or incidents of discrimination and/or harassment that create or foreseeably create a disruption within the District may be subject to this policy in certain circumstances.
Other district policies and documents such as regulations, procedures, collective bargaining agreements, and the District’s Code of Conduct may address misconduct related to discrimination and/or harassment and may provide for additional, different, or more specific grievance procedures depending on a number of factors including, but not limited to, who is involved, where the alleged discrimination and/or harassment occurred, and the basis of the alleged discrimination and/or harassment. These documents must be read in conjunction with this policy.
The dismissal of a complaint under one policy or document does not preclude action under another related district policy or document.
Definitions
For purposes of this policy, the following definitions apply:
- School property” means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of any district building.
- “School function” means a district-sponsored or district-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.
What Constitutes Discrimination and Harassment
Determinations as to whether conduct or an incident constitutes discrimination and/or harassment will be made consistent with applicable federal and state laws and regulations, as well as any applicable district policy, regulation, procedure, or other document such as the District’s Code of Conduct. These determinations may depend upon a number of factors, including, but not limited to: the particular conduct or incident at issue; the ages of the parties involved; the context in which the conduct or incident took place; the relationship of the parties to one another; the relationship of the parties to the District; and the protected class or characteristic that is alleged to have been the basis for the conduct or incident. The examples below are intended to serve as a general guide for individuals in determining what may constitute discrimination and/or harassment. These examples should not be construed to add or limit the rights that individuals and entities possess as a matter of law.
Generally stated, discrimination consists of the differential treatment of a person or group of people on the basis of their membership in a legally protected class. Discriminatory actions may include, but are not limited to: refusing to promote or hire an individual on the basis of their membership in a protected class; denying an individual access to facilities or educational benefits on the basis of their membership in a protected class; or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.
Generally stated, harassment consists of subjecting an individual, on the basis of their membership in a legally protected class, to unwelcome verbal, written, or physical conduct which may include, but is not limited to: derogatory remarks, signs, jokes, or pranks; demeaning comments or behavior; slurs; mimicking; name calling; graffiti; innuendo; gestures; physical contact; stalking; threatening; bullying; extorting; or the display or circulation of written materials or pictures.
This conduct may, among other things, have the purpose or effect of: subjecting the individual to inferior terms, conditions, or privileges of employment; creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual’s work or a student’s educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual’s employment or educational opportunities.
Under New York State Human Rights Law (NYSHRL), discrimination or harassment does not need to be severe or pervasive to be illegal. It can be any discriminatory or harassing behavior that rises above petty slights or trivial inconveniences. Every instance of discrimination or harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, NYSHRL specifies that whether discriminatory or harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics.
Civil Rights Compliance Officer
The District has designated the following district employee(s) to serve as its CRCO(s):
Superintendent of Schools
Raquette Lake UFSD
115 NY-28
Raquette Lake, NY 13436
315-354-4733
sshafer@fchb.org
The CRCO(s) will coordinate the District’s efforts to comply with its responsibilities under applicable non-discrimination and anti-harassment laws and regulations including, but not limited to: the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975.
Where appropriate, the CRCO(s) may seek the assistance of other district employees, such as the District’s Title IX Coordinator(s) or Dignity Act Coordinator(s) (DAC(s)), or third parties in investigating, responding to, and remedying complaints of discrimination and/or harassment.
Reporting Allegations of Discrimination and/or Harassment
Anyone who experiences, witnesses, or becomes aware of potential instances of discrimination or harassment is encouraged to report the behavior to a supervisor, other administrator, or the CRCO. Individuals should not feel discouraged from reporting discrimination or harassment because they do not believe it is bad enough or conversely because they do not want to see someone punished for less severe behavior.
Reports of discrimination and/or harassment may be made verbally or in writing. A written complaint form is posted on the District’s website if an individual would like to use it, but the complaint form is not required. Individuals who are reporting discrimination and/or harassment on behalf of another individual may use the complaint form and note that it is being submitted on another individual’s behalf. A verbal or otherwise written complaint (such as an email) on behalf of oneself or another individual is also acceptable.
Reports may be made to a CRCO in person, by using the contact information for a CRCO, or by any other means that results in a CRCO receiving the person’s verbal or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for a CRCO.
Reports of discrimination and/or harassment may also be made to any other district employee including a supervisor. All reports of discrimination and/or harassment must be immediately forwarded to the CRCO. Reports may also be forwarded to other district employees depending on the allegations.
Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination.
If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
In addition to complying with the reporting requirements in this policy, district employees must comply with any other applicable reporting requirements contained in district policy, regulation, procedure, or other document such as the District’s Code of Conduct. Applicable documents include, but are not limited to, the District’s policies, regulations, and procedures related to Title IX, and sexual harassment in the workplace.
Supervisory Responsibilities
Supervisors, administrators, and the CRCOs are responsible for helping to maintain a discrimination and harassment-free educational and work environment.
All supervisors and administrators who receive a complaint or information about suspected discrimination or harassment, observe what may be discriminatory or harassing behavior, or for any reason suspect that discrimination or harassment is occurring, are required to report the suspected discrimination or harassment to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Supervisors and other administrators should not be passive and wait for an individual to make a claim of discrimination or harassment. If they observe such behavior, they must act.
Supervisors and other administrators can be disciplined if they engage in discriminatory or harassing behavior themselves. Supervisors, building principals, and other administrators, can also be disciplined for failing to report suspected discrimination or harassment or allowing discrimination or harassment to continue after they know about it.
While supervisors and other administrators have a responsibility to report discrimination and harassment, they must be mindful of the impact that discrimination and/or harassment and a subsequent investigation has on victims. Being identified as a possible victim of discrimination or harassment and questioned about discrimination or harassment can be intimidating, uncomfortable and re-traumatizing for individuals. Supervisors and other administrators must accommodate the needs of individuals who have experienced discrimination or harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.
Grievance Process for Complaints of Discrimination and/or Harassment
All complaints or information about discrimination or harassment will be investigated, whether that information was reported in verbal or written form. An investigation of any complaint, information, or knowledge of suspected discrimination or harassment will be prompt, thorough, equitable, and started and completed as soon as possible. Investigations will be kept confidential to the extent possible. Disclosure may, however, be necessary to complete a thorough investigation of the charges and/or notify law enforcement officials. All individuals involved, including those making a discrimination or harassment claim, witnesses, and alleged harassers deserve a fair and impartial investigation.
The CRCO will generally oversee the District’s investigation of all complaints of discrimination and/or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.
District employees may be required to cooperate as needed in an investigation of suspected discrimination or harassment. The District recognizes that participating in a discrimination or harassment investigation can be uncomfortable and has the potential to retraumatize an individual. Individuals receiving claims and leading investigations will handle complaints and questions with sensitivity toward participants.
Various district policies and documents address discrimination and harassment. All complaints will be handled in accordance with the applicable district policies and/or documents.
The determination as to which district policies and/or documents are applicable is fact specific, and the CRCO may work with other district staff such as the Title IX Coordinator(s) to determine which district policies and/or documents are applicable to the specific facts of the complaint.
If an investigation reveals that discrimination and/or harassment based on a legally protected class has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable law and regulation, as well as any applicable district policy, regulation, procedure, third-party contract, or other document such as the District’s Code of Conduct.
Knowingly Makes False Accusations
Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination and/or harassment will face appropriate disciplinary action.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The District prohibits all retaliation. Any individual that reports an incident of discrimination or harassment, provides information, or otherwise assists in any investigation of a discrimination or harassment complaint is protected from retaliation. No one should fear reporting discrimination or harassment if they believe it has occurred. Even if the alleged discrimination or harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of discrimination or harassment.
Any district employee who retaliates against anyone involved in a discrimination or harassment investigation will face disciplinary action, up to and including termination.
Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Where appropriate, follow-up inquiries will be made to ensure that the discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.
Confidentiality
To the extent possible, all complaints will be treated as confidential. Disclosure may be necessary in certain circumstances such as to complete a thorough investigation and/or notify law enforcement officials. All disclosures will be in accordance with law and regulation.
Training
In order to promote familiarity with issues pertaining to discrimination and harassment in the District, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to employees. As may be necessary, special training will be provided for individuals involved in the handling of discrimination and/or harassment complaints.
Notification
Prior to the beginning of each school year, the District will issue an appropriate public announcement or publication which advises employees and other relevant individuals of the District’s established grievance process for resolving complaints of discrimination and/or harassment. This announcement or publication will include the name, office address, telephone number, and email address of the CRCO(s). The District’s website will reflect current and complete contact information for the CRCO(s).
A copy of this policy and its corresponding regulations and/or procedures will be available upon request and will be posted and/or published in appropriate locations and/or district publications.
Additional Provisions
Regulations and/or procedures will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.
8 USC Section 1324b
29 USC Section 206
42 USC Section 1981
Age Discrimination Act of 1975, 42 USC Section 6101 et seq.
Age Discrimination in Employment Act of 1967 (ADEA), 29 USC Section 621 et seq.
Americans with Disabilities Act (ADA), 42 USC Section 12101 et seq.
Equal Educational Opportunities Act of 1974, 20 USC Section 1701 et seq.
Genetic Information Non-Discrimination Act (GINA), 42 USC Section 2000ff et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 790 et seq.
Title IV of the Civil Rights Act of 1964, 42 USC Section 2000c et seq.
Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d et seq.
Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e et seq.
Title IX of the Education Amendments Act of 1972, 20 USC Section 1681 et seq.
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 USC Section 4301 et seq.
28 CFR Part 35
29 CFR Chapter I – National Labor Relations Board
29 CFR Chapter XIV – Equal Employment Opportunity Commission
34 CFR Parts 100, 104, 106, 110, and 270
45 CFR Part 86
Civil Rights Law Sections 40, 40-a, 40-c, 47-a, 47-b, and 48-a
Civil Service Law Sections 75-b and 115
Correction Law Section 752
Education Law Sections 10-18, 313, 313-a, 2801, 3201, and 3201-a
Labor Law Sections 194-a, 201-d, 201-g, 203-e, 206-c, 215, and 740
New York State Human Rights Law, Executive Law Section 290 et seq.
Military Law Sections 242, 243, and 318
8 NYCRR Section 100.2
9 NYCRR Section 466 et seq.
NOTE: Refer also to Policies #3421 — Title IX and Sex Discrimination
#6120 — Equal Employment Opportunity
#6121 — Sexual Harassment in the Workplace
#6122 — Employee Grievances
District Code of Conduct
Adopted: 3/23/26
3421 SUBJECT: TITLE IX AND SEX DISCRIMINATION
Overview
(The Town of Webb School District policy shall be applicable for students to the maximum extent possible.)
The District is committed to creating and maintaining education programs and activities which are free from discrimination and harassment. This policy addresses complaints of sex discrimination, including sexual harassment, made under Title IX of the Education Amendments Act of 1972 and its implementing regulations (Title IX). It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free educational and work environment.
Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a district that receives federal financial assistance. As required by Title IX, the District does not discriminate on the basis of sex in its education programs and activities or when making employment decisions.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of sex discrimination, including sexual harassment. The District will promptly respond to reports of sex discrimination, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections to complainants and respondents, and impose sanctions and implement remedies when warranted.
Inquiries about this policy or the application of Title IX may be directed to the District’s Title IX Coordinator(s), the Assistant Secretary for Civil Rights of the United States Department of Education, or both.
Scope and Application of Policy
This policy is limited to addressing complaints of sex discrimination, including sexual harassment, that fall within the scope of Title IX which, among other things, has a specific definition of sexual harassment and applies only to sex discrimination occurring against a person in the United States. This policy applies to any individual participating in or attempting to participate in the District’s education programs or activities including students and employees.
Other district policies and documents address sex-based misconduct and may have different definitions, standards of review, and grievance procedures. These documents must be read in conjunction with this policy as they may cover incidents of sex-based misconduct not addressed by Title IX.
If the allegations forming the basis of a formal complaint of sexual harassment, if proven, would constitute prohibited conduct under Title IX, then the grievance process outlined in this policy would be applied to the investigation and adjudication of all the allegations. Depending on the allegations, additional grievance procedures may apply.
The dismissal of a formal complaint of sexual harassment under Title IX does not preclude action under another related district policy, procedure, or other document such as the District’s Code of Conduct.
What Constitutes Sex Discrimination Including Sexual Harassment
Title IX prohibits various types of sex discrimination including, but not limited to: sexual harassment; the failure to provide equal athletic opportunity; sex-based discrimination in a District’s science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy.
Under Title IX, sexual harassment includes conduct on the basis of sex that satisfies one or more of the following:
- An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s program or activity;
- Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
- Dating violence, meaning violence committed by a person:
- Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- Where the existence of such a relationship will be determined based on a consideration of the following factors:
- The length of the relationship;
- The type of relationship;
- The frequency of interaction between the persons involved in the relationship;
- Domestic violence, meaning felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction; or
- Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Suffer substantial emotional distress.
- Fear for his or her safety or the safety of others; or
Title IX Coordinator
The District has designated and authorized the following district employee(s) to serve as its Title IX Coordinator(s):
Superintendent of Schools
Raquette Lake UFSD
115 NY-28
Raquette Lake, NY 13436
315-354-4733
sshafer@fchb.org
The Title IX Coordinator(s), who must be referred to as such, will coordinate the District’s efforts to comply with its responsibilities under Title IX. However, the responsibilities of the Title IX Coordinator(s) may be delegated to other personnel.
Where appropriate, the Title IX Coordinator(s) may seek the assistance of the District’s Civil Rights Compliance Officer(s) (CRCO(s)) in investigating, responding to, and remedying complaints of sex discrimination, including sexual harassment.
Reporting Allegations of Sex Discrimination
Any person may report sex discrimination, including sexual harassment, regardless of whether they are the alleged victim or not. Reports may be made in person, by using the contact information for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator.
Reports of sex discrimination may also be made to any other district employee including a supervisor or the District’s CRCO. All reports of sex discrimination, including sexual harassment, will be forwarded to the District’s Title IX Coordinator. Reports may also be forwarded to other district employees depending on the allegations.
All district employees who witness or receive an oral or written report of sex discrimination must immediately inform the Title IX Coordinator. Failure to immediately inform the Title IX Coordinator may subject the employee to discipline up to and including termination.
Making a report of sexual harassment is not the same as filing a formal complaint of sexual harassment. A formal complaint is a document either filed by a complainant or a parent or legal guardian who has a right to act on behalf of the complainant or signed by the Title IX Coordinator which alleges sexual harassment against a respondent and requests that the District investigate the allegations. While the District must respond to all reports it receives of sexual harassment, the Title IX grievance process is only initiated with the filing of a formal complaint.
In addition to complying with this policy, district employees must comply with any other applicable district policy, procedure.
If the Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.
Grievance Process for Complaints of Sex Discrimination Other than Sexual Harassment
The District will provide for the prompt and equitable resolution of reports of sex discrimination other than sexual harassment. In responding to these reports, the Title IX Coordinator will utilize, as applicable, the grievance process set forth in Policy #3420 — Non-Discrimination and Anti-Harassment in the District and any other applicable district policy, procedure, or other document such as the District’s Code of Conduct.
Grievance Process for Formal Complaints of Sexual Harassment
The District will respond to allegations of sexual harassment in a manner that is not deliberately indifferent whenever it has actual knowledge of sexual harassment in a program or activity of the District. The District is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances. For purposes of reports and formal complaints of sexual harassment under Title IX, education program or activity includes locations, events, or circumstances over which the District exercised substantial control over both the respondent(s) and the context in which the sexual harassment occurred.
The District will follow a grievance process that complies with law and regulation before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
The District will conduct the grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. It is anticipated that, in most cases, the grievance process will be conducted within a reasonably prompt manner and follow the time frames established in this policy.
Definitions
- “Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to a District’s Title IX Coordinator or any official of the District who has authority to institute corrective measures on behalf of the District, or to any district employee. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the District with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the District. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator as described in this policy.
- “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
- “Days” means business days.
- “Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the District with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email, by using the contact information required to be listed for the Title IX Coordinator, and by any additional method designated by the District. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by email or through an online portal provided for this purpose by the District) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party, and must comply with the requirements of law and regulation.
- “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
- “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. These measures are designed to restore or preserve equal access to the District’s program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines, modifications of work, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The District must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
General Requirements for the Investigative and Grievance Process
During the investigation of a formal complaint and throughout the grievance process, the District will ensure that:
- Complainants and respondents are treated equitably. This includes applying any provisions, rules, or practices incorporated into the District’s grievance process, other than those required by law or regulation, equally to both parties.
- All relevant evidence is objectively evaluated, including both inculpatory and exculpatory evidence. Inculpatory evidence implicates or tends to implicate an individual in a crime or wrongdoing. Exculpatory evidence frees or tends to free an individual from blame or accusation.
- The Title IX Coordinator, investigator, decision-maker involved in the grievance process, or any person designated by the District to facilitate any informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
- Respondents are presumed not to be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
- The grievance process, including any appeals or informal resolutions, is concluded within a reasonably prompt time frame and that the process is only temporarily delayed or extended for good cause. Good cause includes, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. Whenever the time frame is temporarily delayed or extended, written notice will be provided to all complainants and respondents of the delay or extension and the reasons for the action.
- The range of possible disciplinary sanctions and remedies that may be implemented by the District following any determination regarding responsibility are described to any known party.
- The same standard of evidence is used to determine responsibility in all formal complaints.
- The procedures and permissible bases for an appeal are known to all complainants and respondents.
- The range of supportive measures available are known to all complainants and respondents.
- There is no requirement, allowance of, reliance on, or otherwise use of questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
- The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
- The Title IX Coordinator, the investigator, any decision-maker, or any other person participating on behalf of the District does not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the District obtains that party’s voluntary, written consent to do so for the grievance process. If the party is not an eligible student, as defined in FERPA as a student who has reached 18 years of age or is attending a post-secondary institution, the District will obtain the voluntary, written consent of a parent.
- The parties have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
- Credibility determinations are not based on a person’s status as a complainant, respondent, or witness.
- The ability of either party to discuss the allegations under investigation or to gather and present relevant evidence is not restricted.
- The parties are provided with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for any complainant or respondent in any meeting or grievance proceeding. However, the District may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
- Written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, is provided to any party whose participation is invited or expected with sufficient time for the party to prepare to participate.
- The parties are provided with equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the District does not intend to rely on in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.
- Any document sent to a minor or legally incompetent person is also sent to the party’s parent or legal guardian.
- Any document sent to a party is also sent to the party’s advisor, if known
After a Report of Sexual Harassment Has Been Made
After receiving a report of sexual harassment, the Title IX Coordinator will:
- Promptly contact the complainant to discuss and offer supportive measures;
- Inform the complainant both of the range of supportive measures available and that these measures are available regardless of whether a formal complaint is filed;
- Consider the complainant’s wishes with respect to supportive measures; and
- Explain to the complainant the process for filing a formal complaint.
The Title IX Coordinator may also contact the respondent to discuss and/or impose supportive measures.
Requests for confidentiality or use of anonymous reporting may limit how the District is able to respond to a report of sexual harassment.
Emergency Removal and Administrative Leave
At any point after receiving a report or formal complaint of sexual harassment, the District may immediately remove a respondent from the District’s program or activity on an emergency basis, provided that the District:
- Undertakes an individualized safety and risk analysis;
- Determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and
- Provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.
The District should coordinate their Title IX compliance efforts with special education staff when initiating an emergency removal of a student with a disability from an education program or activity as the removal could constitute a change of placement under the IDEA or Section 504.
The District may place a non-student employee respondent on administrative leave with or without pay during the pendency of the grievance process in accordance with law and regulation and any applicable district policy, procedure, or other document such as the District’s Code of Conduct.
Filing a Formal Complaint
A complainant may file a formal complaint with the Title IX Coordinator in person or by mail, email, or other method made available by the District. The complainant must be participating in or attempting to participate in the program or activity of the District at the time of filing the complaint. The filing of a formal complaint initiates the grievance process.
A formal complaint must be signed by the complainant, the complainant’s parent or legal guardian as appropriate, or the Title IX Coordinator. Where a parent or legal guardian signs the complaint, the parent or legal guardian does not become the complainant; rather the parent or legal guardian acts on behalf of the complainant. The Title IX Coordinator may sign the formal complaint, but his or her signature does not make him or her a complainant or a party to the complaint. If the formal complaint is signed by the Title IX Coordinator, the Title IX Coordinator is still obligated to comply with the grievance process outlined in this policy.
The complainant, or the complainant’s parent or legal guardian, must physically or digitally sign the formal complaint, or otherwise indicate that the complainant is the person filing the formal complaint. When a formal complaint is filed, the Title IX Coordinator must send a written notice of allegations to all parties which includes the identities of all known parties.
The District will not discriminate on the basis of sex in its treatment of a complainant or a respondent in responding to a formal complaint of sexual harassment.
The formal complaint form may be obtained from the District’s Title IX Coordinator or found on the District’s website.
Consolidation of Formal Complaints
The District may consolidate formal complaints of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
Written Notice of Allegations
Upon receipt of a formal complaint, the District will send all known parties written notice of:
- The District’s grievance process, including any informal resolution process; and
- The allegations of sexual harassment which will:
- Provide sufficient details known at the time and sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;
- State that the respondent is presumed not to be responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
- Inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney;
- Inform the parties that they may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint; and
- Include notice of any provision in any applicable district policy, procedure, or other document such as the District’s Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
If, in the course of an investigation, the District decides to investigate allegations about any complainant or respondent that were not included in the initial notice, the District will provide another notice of the additional allegations to the parties whose identities are known.
Investigation of a Formal Complaint
The Title IX Coordinator will oversee the District’s investigation of all formal complaints. During the investigation of a formal complaint, the Title IX Coordinator or another district employee may serve as the District’s investigator. The District may also outsource all or part of an investigation to appropriate third parties. The outsourcing of all or part of an investigation does not relieve the District from its obligation to comply with law and regulation.
It is anticipated that most investigations will be completed within 60 days after receiving a formal complaint.
During the investigation of a formal complaint, the investigator will, as appropriate:
- Collect, review, and preserve all evidence including, but not limited to, any relevant documents, videos, electronic communications, and phone records.
- Interview all relevant persons including, but not limited to, any complainants, respondents, and witnesses. Interviews of complainants and respondents will be conducted separately. If a student is involved, the District will follow any applicable district policy, procedure, or other document such as the District’s Code of Conduct regarding the questioning of students.
- Create written documentation of the investigation (such as a letter, memo, or email), which contains the following:
- A list of all documents reviewed, along with a detailed summary of relevant documents;
- A list of names of those interviewed, along with a detailed summary of their statements;
- A timeline of events; and
- A summary of prior relevant incidents, reported or unreported.
- Keep any written documentation and associated documents in a secure and confidential location.
Prior to completion of the investigative report, the District will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have at least ten days to submit a written response, which the investigator will consider prior to completion of the investigative report.
At the end of the investigation, an investigative report will be created that fairly summarizes all relevant evidence.
At least ten days prior to a hearing or other determination regarding responsibility, the investigative report will be sent to each party and the party’s advisor, if any, in an electronic format or a hard copy, for their review and written response.
Dismissal of a Formal Complaint
The District must investigate the allegations in a formal complaint. The District must dismiss a formal complaint under Title IX if the conduct alleged:
- Would not constitute sexual harassment even if proven;
- Did not occur in the District’s program or activity; or
- Did not occur against a person in the United States.
Further, the District may dismiss a formal complaint or any of its allegations under Title IX, if at any time during the investigation or hearing:
- A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any of its allegations;
- The respondent is no longer enrolled or employed by the District; or
- Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or any of its allegations.
Upon a dismissal of a formal complaint, the District must promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.
The dismissal of a formal complaint under Title IX does not preclude action under another related district policy, procedure, or other document such as the District’s Code of Conduct.
Informal Resolutions
Before reaching a determination regarding responsibility, but only after a formal complaint is filed, the District may offer and facilitate the use of an informal resolution process, such as mediation, that does not involve a full investigation and adjudication of the formal complaint.
It is anticipated that most informal resolutions will be completed within 60 days.
The District will not require that parties participate in an informal resolution process. The District will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. Further, the District will not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.
If the District offers and facilitates the use of an informal resolution process, it will:
- Provide written notice to all known parties which details:
- The allegations in the formal complaint;
- The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint;
- Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
- Obtain the parties’ voluntary, written consent to the informal resolution process.
Hearings and Determination Regarding Responsibility
The District will designate an individual decision-maker or a panel of decision-makers to issue a written determination regarding responsibility. A decision-maker can either be a district employee or, where appropriate, a third-party. They cannot be the same individual as either the Title IX Coordinator or the investigator(s).
The District’s grievance process may, but is not required to, provide for a hearing. The determination as to whether a hearing will be provided will be made on a case-by-case basis. If a hearing is provided, the District will make all evidence subject to the parties’ inspection and review available to give each party equal opportunity to refer to this evidence during the hearing, including for purposes of cross-examination.
With or without a hearing, before reaching a determination regarding responsibility, the decision-maker(s) will afford each party the opportunity to:
- Submit written, relevant questions that a party wants asked of any party or witness within 15 days after the parties have received the investigative report;
- Provide each party with the answers given by any party or witness within 15 days receiving the questions; and
- Allow for additional, limited follow-up questions and responses from each party to occur within seven days after the parties have received responses to their initial questions.
Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior will not be considered, unless the questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) will explain to the party proposing the questions any decision to exclude a question as not relevant.
The decision-maker(s) will issue a written determination regarding responsibility to the Title IX Coordinator, the Superintendent, and all parties simultaneously within 15 days after all follow-up questions have been responded to or after the hearing, if one has been provided.
To reach this determination, the decision-maker(s) will use the clear and convincing evidence standard which is the standard of evidence that will be applied in all formal complaints of sexual harassment. This standard is understood to mean concluding that a fact is highly probable to be true.
The written notice of the determination regarding responsibility will include:
- Identification of the allegations potentially constituting sexual harassment;
- A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Findings of fact supporting the determination;
- Conclusions regarding the application of any applicable district policy, procedure, other document such as the District’s Code of Conduct to the facts;
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District is imposing on the respondent, and whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and
- The District’s procedures and permissible bases for the complainant and respondent to appeal.
Finality of Determination Regarding Responsibility
The determination regarding responsibility becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Where a determination regarding responsibility for sexual harassment has been made against the respondent, remedies will be provided to a complainant and disciplinary sanctions may be imposed on a respondent. Remedies will be designed to restore or preserve equal access to the District’s education program or activity. Remedies and disciplinary sanctions will be implemented in accordance with applicable laws and regulations, as well as any district policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.
The Title IX Coordinator is responsible for the effective implementation of any remedies and/or disciplinary sanctions. The Title IX Coordinator will work with other individuals as necessary to effectively implement remedies and/or disciplinary sanctions.
Appeals
Either party may file an appeal from a determination regarding responsibility or from the District’s dismissal of a formal complaint or any of its allegations. Appeals must be submitted in writing to the Title IX Coordinator within five days of the written notice of the determination regarding responsibility or dismissal of the formal complaint or any of its allegations.
An appeal may only be based upon one or more of the following bases:
- Procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
- The Title IX Coordinator, investigator, or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
The bases on which a party is seeking an appeal should be specifically stated in the party’s written appeal.
Upon receipt of an appeal, the District will:
- Notify the other party in writing that an appeal has been filed and implement appeal procedures equally for both parties;
- Ensure that any decision-maker for the appeal:
- Is not the same person as any decision-maker that reached the initial determination regarding responsibility or dismissal, investigator, or Title IX Coordinator;
- Does not have any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
- Give all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Parties will have to submit these written statements within 15 days after the parties have been notified of the appeal;
- Issue a written decision describing the result of the appeal and the rationale for the result; and
- Provide the written decision simultaneously to the Title IX Coordinator, the Superintendent, and all parties within 15 days after receiving the parties written statements in support of, or challenging, the outcome.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The District prohibits retaliation against any individual for the purpose of interfering with his or her Title IX rights or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing under Title IX.
Charging an individual with Code of Conduct or other applicable violations that do not involve sex discrimination, including sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. Charging an individual with a Code of Conduct or other applicable violation for making a materially false statement in bad faith during a grievance proceeding does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
All complaints alleging retaliation will be handled in a manner consistent with the District’s policies and procedures regarding the investigation of discrimination and harassment complaints, including Policy #3420 — Non-Discrimination and Anti-Harassment in the District.
If the Title IX Coordinator is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another Title IX Coordinator, if the District has designated another individual to serve in that capacity. If the District has not designated another Title IX Coordinator, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the Title IX Coordinator.
Confidentiality
Except where disclosure may be permitted or required by law or regulation, the District will keep confidential the identity of any:
- Individual who has made a report or complaint of sex discrimination;
- Individual who has made a report or filed a formal complaint of sexual harassment;
- Complainant;
- Individual who has been reported to be the perpetrator of sex discrimination;
- Respondent; and
- Witness
Training
The District will ensure that:
- All Title IX Coordinators, investigators, decision-makers, or persons who facilitate an informal resolution process receive training on:
- The definition of sexual harassment as defined in Title IX;
- The scope of the District’s program or activity;
- How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable; and
- How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
- All decision-makers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant.
- All investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
- All district employees receive training on mandatory reporting obligations and any other responsibilities that they may have relative to Title IX.
Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment. Training materials will be made publicly available on the District’s website.
Notification
The District will notify employees, applicants for employment, and all professional organizations holding professional agreements with the District of this policy.
Further, the District will prominently publish this policy and the contact information for the Title IX Coordinator(s) on its website and in other publications, including in each handbook or catalog that it makes available to the individuals and entities referenced above.
Recordkeeping
For a period of seven years, the District will retain the following:
- Records of each sexual harassment investigation including any:
- Determination regarding responsibility;
- Audio or audiovisual recording or transcript required under law or regulation;
- Disciplinary sanctions imposed on the respondent; and
- Remedies provided to the complainant designed to restore or preserve equal access to the District’s education program or activity.
- Any appeal and its result.
- Any informal resolution and its result.
- All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
- For each response to sexual harassment where the District had actual knowledge of sexual harassment in its education program or activity against a person in the United States, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the District must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District’s program or activity. If the District does not provide a complainant with supportive measures, then the District must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the District in the future from providing additional explanations or detailing additional measures taken.
20 USC Section 1092(f)(6)(A)(v)
20 USC Section 1681, et. seq.
34 USC Section 12291(a)(8, 10, and 30)
34 CFR Part 106
Education Law Section 13
8 NYCRR Section 100.2
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District
6121 — Sexual Harassment in the Workplace
District Code of Conduct
Adopted: 3/23/26
4000 Administration
ADMINISTRATION
- 1.1 Administrative Personnel – #4110
ADMINISTRATIVE OPERATIONS
- 2.4 Evaluation of the Superintendent and Other Administrative Staff – #4240
CENTRAL OFFICE AND BUILDING ADMINISTRATION
- 3.1 Superintendent of Schools – #4310
- 3.2 Superintendent-Board Relations – #4320
4110 SUBJECT: ADMINISTRATIVE PERSONNEL
Administrative and supervisory personnel will be considered to be those district employees officially designated by board action as responsible for the administrative and supervisory tasks required to carry out board policy, programs, decisions, and actions.
These employees must meet all certification or civil service requirements as outlined in New York State Civil Service Law and the Commissioner’s Regulations. Administrative and supervisory staff must be eligible to meet these requirements at the time of employment.
Abolishing an Administrative Position
Existing administrative positions will not be abolished by the Board without previous written notification of the impending abolition. This written notification must be served to the individual currently holding that position. In all cases, the individual currently holding the position should receive as much advance notice as possible.
Education Law Sections 1709, 2503(5), and 3013
Adopted: 3/23/26
4240 SUBJECT: EVALUATION OF THE SUPERINTENDENT AND OTHER ADMINISTRATIVE STAFF
Superintendent
The Board will conduct annually a formal performance evaluation of the Superintendent. The formal procedures used to complete the evaluation are to be filed in the District Office, and will be made available for review by any individual, no later than September 10 of each year.
The formal performance procedures will include written criteria, a description of the review procedures, provisions for post-conferencing, and methods used to record results of the evaluation. The Superintendent will be granted the opportunity to respond to the evaluation in writing.
8 NYCRR Section 100.2(o)(1)(v), (vi)
Education Law Section 3012-d
Adopted: 3/23/26
4310 SUBJECT: SUPERINTENDENT OF SCHOOLS
The Superintendent is the chief executive officer of the District. He or she is responsible for carrying out board policy and for keeping it informed of matters which should be weighed by the Board in reaching decisions. He or she is responsible to the Board in his or her stewardship of the entire District.
The Superintendent will have the specific powers and duties discussed below and will be directly responsible to the Board for their proper exercise. As chief executive officer of the District, he or she will:
- Attend all regular, special, and work meetings of the Board except that the Superintendent may be excluded when his or her employment contract or performance is discussed in executive session;
- Administer all policies and enforce all rules and regulations of the Board;
- Review the local school situation and recommend to the Board areas in which new policies seem to be needed;
- Organize, administer, evaluate, and supervise the programs and personnel of all school departments, instructional and non-instructional;
- Recommend to the Board the appointment of all instructional and support personnel;
- Prepare and recommend to the Board the annual district budget in accordance with the format and development plan specified by the Board;
- Advise the public about the activities and needs of the schools through his or her written and spoken statements, and will be responsible for all news releases emanating from the local schools;
- Create all salary scales and administer the salary plan approved by the Board. Some of these salary scales will be developed within staff contracts negotiated under the provisions of the Taylor Law;
- Determine the need and make plans for plant expansion and renovation;
- Recommend for hire, evaluate, promote, and dismiss all professional and non-professional staff personnel;
- Prepare or supervise the preparation of the teacher’s handbook, staff bulletins, and all other district-wide staff materials;
- Plan and coordinate the recruitment of teachers and other staff to assure the District of the best available personnel;
- Plan and conduct a program of supervision of teaching staff that will have as its goal the improvement of instruction, and, at the same time, will assure that only the teachers found to have a high degree of competence will be recommended for tenure;
- Distinguish for all concerned between the areas of policy decisions appropriate to the Board and management decisions appropriate to the District’s administrative personnel;
- Transfer personnel when necessary and/or desirable to promote optimal effectiveness. Any personnel transfers will be made pursuant to appropriate guidelines established by state laws, district policies, and negotiated contracts; and
- Submit data from the School Report Card or other reports of student or district performance as prescribed by and in accordance with requirements of the Commissioner of Education.
Education Law Sections 1711, 2508, and 3003
8 NYCRR Section 100.2(m)
Adopted: 3/23/26
4320 SUBJECT: SUPERINTENDENT-BOARD RELATIONS
The Board is accountable for all pursuits, achievements, and duties of the District. The Board’s specific role is to deliberate and to establish policies for the District. The Board delegates the necessary authority to the Superintendent who, acting as chief executive officer of the District, is held accountable to the Board for compliance with its policies.
- With respect to district goals and objectives, the Board will establish broad guidelines to be observed in the development of further policy and action. The Board reserves the right to issue either restrictive or general policy statements.
- Generally, the Superintendent will be empowered to assign and use resources; to employ, promote, discipline, and deploy staff; to translate policies of the Board into action; to speak as agent of the Board; to organize and delegate administrative responsibilities; and to exercise such other powers as are customary for chief executives.
- The Superintendent may not perform, cause, or allow to be performed any act that is unlawful, that violates commonly accepted business and professional ethics, that violates any contract into which the Board has entered, or that violates policies adopted by the Board that limit the Superintendent’s authority.
- Should the Superintendent or designee consider it unwise, impossible, or impractical to comply with an explicit board policy, the Superintendent will inform the Board. The Board will then evaluate the Superintendent’s or designee’s decision.
Education Law Sections 1711, 2503, and 2508
Adopted: 3/23/26
5000 Non-Instructional/Business Operations
BUDGET
- 1.2 School District Budget Hearing – #5120
- 1.3 Budget Adoption – #5130
- 1.4 Administration of the Budget – #5140
INCOME
- 2.1 Revenues – #5210
- 2.2 District Investments – #5220
- 2.3 Acceptance of Gifts, Grants, and Bequests to the District – #5230
- 2.5 Sale and Disposal of District Property – #5250
EXPENDITURES
- 3.1 Bonding of Employees and Board Members – #5310
- 3.2 Expenditures of District Funds – #5320
- 3.2.1 District Credit Card Use – #5321
- 3.2.3 Reimbursement for Meals/Refreshments – #5323
PURCHASING
- 4.1 Purchasing: Competitive Bidding and Offering – #5410
- 4.1.1 Procurement of Goods and Services – #5411
- 4.1.2 Alternative Formats for Instructional Materials – #5412
- 4.1.3 Procurement: Uniform Grant Guidance for Federal Awards – #5413
FISCAL ACCOUNTING AND REPORTING
- 5.1 Accounting of Funds – #5510
- 5.1.1 Maintenance of Fund Balance – #5511
- 5.1.2 Reserve Funds – #5512
- 5.4 Publication of District’s Annual Financial Statement – #5540
- 5.6 Use of Federal Funds for Political Expenditures – #5560
- 5.7 Financial Accountability – #5570
- 5.7.1 Allegations of Fraud – #5571
- 5.7.3 Internal Audit Function – #5573
NON-INSTRUCTIONAL OPERATIONS
- 6.1 Insurance – #5610
- 6.2 Fixed Asset Inventories, Accounting, and Tracking – #5620
- 6.3 Facilities: Inspection, Operation, and Maintenance – #5630
- 6.3.1 Hazardous Waste and Handling of Toxic Substances by Employees – #5631
- 6.3.2 Pest Management and Pesticide Use – #5632
- 6.3.3 Gender Neutral Single-Occupancy Bathrooms – #5633
- 6.4 Smoking, Tobacco, and Cannabis (Marijuana) Use – #5640
- 6.5 Energy Conservation and Recycling in the Schools – #5650
- 6.7 Records Management – #5670
- 6.7.1 Disposal of Consumer Report Information and Records – #5671
- 6.7.2 Information Security Breach and Notification – #5672
- 6.7.3 Employee Personal Identifying Information – #5673
- 6.7.4 Data Networks and Security Access – #5674
- 6.8 Safety and Security
- 6.8.5 Maximum Temperature for School Buildings and Indoor Facilities – #5685
- 6.9 Exposure Control Program – #5690
5120 SUBJECT: SCHOOL DISTRICT BUDGET HEARING
The Board will hold an Annual Budget Hearing, in accordance with law, so as to inform and present to district residents a detailed written statement regarding the District’s estimated expenditures and revenue for the upcoming school year prior to the budget vote which is taken at the Annual District Meeting and Election.
The Budget Hearing will be held not less than seven nor more than 14 days prior to the Annual District Meeting and Election or special district meeting at which the budget vote will occur. The proposed budget will be completed at least seven days prior to the budget hearing at which it is to be presented.
Notice of the date, time, and place of the Annual Budget Hearing and other required information will be included in the Notice of the Annual Meeting and Election and/or special district meeting as required by law.
Dissemination of Budget Information
Copies of the proposed annual operating budget for the succeeding year and all required attachments may be obtained by any district resident. Requests for copies of the proposed budget should be made at least seven days before the budget hearing. Copies will be prepared and made available at the school district office, public or associate libraries within the district, and on the district website, if one exists. Copies will be available to district residents during the 14-day period immediately preceding the Annual Meeting and Election or special district meeting at which the budget vote will occur. Additionally, the Board will include notice of the availability of copies of the budget at least once during the school year in any district-wide mailing.
Budget Notice
The district clerk will mail a School Budget Notice to all qualified voters of the District after the date of the Budget Hearing, but no later than six days prior to the Annual Meeting and Election or special district meeting at which a school budget vote will occur. The Budget Notice will compare the percentage increase or decrease in total spending under the proposed budget over total spending under the district budget adopted for the current school year, with the percentage increase or decrease in the Consumer Price Index from January first of the prior school year to January first of the current school year.
The District will also include in the notice:
- The school tax levy limit;
- The proposed school year tax levy (without permissible exclusions to the school tax levy limit);
- The total permissible exclusions; and
- The proposed school year tax levy (including permissible exclusions to the school tax levy limit).
The Notice will also include, in a manner and format prescribed by the Commissioner of Education, a comparison of the tax savings under the basic school tax relief (STAR) exemption and the increase or decrease in school taxes from the prior year, and the resulting net taxpayer savings for a hypothetical home within the District with a full value of $100,000 under the existing district budget as compared with savings under the proposed budget.
The Notice will also set forth the date, time, and place of the school budget vote in the same manner as in the Notice of the Annual Meeting. The School Budget Notice will be in a form prescribed by the Commissioner of Education.
Notice of Budget Hearing/Availability of Budget Statement:
Education Law Sections 1608(2), 1716(2), 2003(1), 2004(1), 2023-a, and 2601-a(2)
Election and Budget Vote:
Education Law Sections 1804(4), 1906(1), 2002(1), 2017(5), 2017(6), 2022(1), 2023-a, and 2601-a(2)
Budget Development and Attachments:
Education Law Sections 1608(3), 1608(4), 1608(5), 1608(6), 1608(7), 1716(3), 1716(4), 1716(5), 1716(6),
1716(7), 2022(2-a), 2023-a, and 2601-a(3)
8 NYCRR Sections 100.2(bb), 170.8, and 170.9
Adopted: 3/23/26
5130 SUBJECT: BUDGET ADOPTION
The Board will review the recommended budget of the Superintendent and seek public input and feedback regarding the recommended budget including, but not limited to, holding a public budget hearing not less than seven nor more than 14 days prior to the Annual District Meeting and Election at which the budget vote is to occur. The Board may modify the recommended budget of the Superintendent prior to its submission to district voters. Final authorization of the proposed budget is dependent upon voter approval unless a contingency budget is adopted by the Board.
The district budget for any school year, or any part of the budget, or any proposition(s) involving the expenditure of money for that school year, will not be submitted for a vote of the qualified district voters more than twice.
The district budget, once adopted, becomes the basis for establishing the tax levy on real property within the District. The District will post its final annual budget and any multi-year financial plan adopted by the Board on its website.
Contingency Budget
In the event the original proposed budget is not approved at the Annual District Meeting and Election, the Board may resubmit the original proposed budget or a revised budget for voter approval, or individual propositions may be placed before district voters, at a special meeting held on the third Tuesday of June. If the voters fail to approve the second budget submittal, or budget proposition(s), or if the Board elects not to put the proposed budget to a public vote a second time, the Board must adopt a contingency budget with a tax levy that is no greater than the prior year’s levy (i.e., 0% levy growth).
The administrative component of the contingency budget is capped at the lesser of:
- The percent of the administrative component to the total budget in the prior year’s budget, not including the capital component; or
- The percent that the administrative component comprised in the last proposed defeated budget for the subsequent year, not including, the capital component.
Education Law Sections 1608, 1716, 1804, 1906, 1950, 2007, 2022, 2023, 2023-a, and 2601-a
8 NYCRR Section 170.3
Adopted: 3/23/26
5140 SUBJECT: ADMINISTRATION OF THE BUDGET
The Superintendent, working in conjunction with the administrative staff, is responsible to the Board for the administration of the budget. This includes, but is not limited to:
- Acquainting district employees with the final provisions of the program budget and guiding them in planning to operate efficiently and economically within these provisions.
- Providing direction to the District in maintaining those records of accounting control as are required by the New York State Uniform System of Accounts for School Districts, the Board, and other procedures, as are deemed necessary.
- Keeping the various operational units informed through periodic reports as to the status of their individual budgets.
Unless otherwise provided by law, no claim against the District will be paid unless such claims have been audited and approved by the Board.
Budget Transfers
Within monetary limits as established by the Board, the Superintendent is authorized to transfer funds between and within functional unit appropriations for teachers’ salaries and ordinary contingent expenses. Whenever changes are made, they are to be incorporated in the next board agenda for informational purposes only.
Education Law Sections 1604(35), 1709(20-a), 1711, 1718, 1724, 1950(4)(k), 2508, 2523-2526, and 2554(2-a)
8 NYCRR Sections 170.12(c) and 170.2(l)
Adopted: 3/23/26
5210 SUBJECT: REVENUES
The district treasurer will have custody of all district funds in accordance with the provisions of state law. The treasurer will be authorized and directed by the Board to invest the balances available in various district funds in accordance with regulations set forth in state law.
Education Law Sections 1604(a) and 1723(a)
Adopted: 3/23/26
5220 SUBJECT: DISTRICT INVESTMENTS
Whenever the District has funds (including operating funds, reserve funds, and proceeds of obligations) that exceed those necessary to meet current expenses, the Board will authorize the treasurer to invest these funds in accordance with all applicable laws and regulations and in conformity with the guidelines established by this policy.
Objectives
The objectives of this investment policy are fourfold:
- Investments will be made in a manner so as to safeguard the funds of the District.
- Bank deposits will be made in a manner so as to safeguard the funds of the District.
- Investments will be sufficiently liquid so as to allow funds to be available as needed to meet the obligations of the District.
- Funds will be invested in such a way as to earn the maximum yield possible given the first three investment objectives.
Authorization
The authority to deposit and invest funds is delegated to the treasurer. These functions will be performed in accordance with the applicable sections of the General Municipal Law and the Local Finance Law of the State of New York.
The treasurer may invest funds in the following eligible investments:
- Obligations of the State of New York.
- Obligations of the United States Government, or any obligations for which principal and interest are fully guaranteed by the United States Government.
- Time Deposit Accounts placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law. (Banking Law Section 237(2) prohibits a savings bank from accepting a deposit from a local government. This also applies to savings and loan associations.)
- Transaction accounts (demand deposits) both interest bearing and non-interest bearing that do not require notice of withdrawal placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law.
- Certificates of Deposits placed in a commercial bank authorized to do business in the State of New York providing the Certificates are collateralized as required by law.
- Deposits in excess of the amount insured by the Federal Deposit Insurance Corporation will be secured in accordance with subdivision 3 of the General Municipal Law Section 10.
- The District may, in its discretion, authorize the bank designated for the deposit of district funds to arrange for the redeposit of such funds in one or more banking institutions, for the account of the District, through a deposit placement that meets the conditions set forth in General Municipal Law Section 10(2)(a)(ii).
- Securities purchased pursuant to a Repurchase Agreement whereby one party purchases securities from a second party and the second party agrees to repurchase those same securities on a specific future date at an agreed rate of return (the interest rate).
Implementation
Using the policy as a framework, regulations and procedures shall be developed which reflect:
- A list of authorized investments;
- Procedures including a signed agreement to ensure the District’s financial interest in investments;
- Standards for written agreements consistent with legal requirements;
- Procedures for the monitoring, control, deposit and retention of investments and collateral which will be done at least once a month;
- Standards for security agreements and custodial agreements consistent with legal requirements;
- Standards for diversification of investments including diversification as to type of investments, and firms and banks with whom the district transacts business; and
- Standards for qualification of investment agents which transact business with the District including, at minimum, the Annual Report of the Trading Partner.
This policy will be reviewed and re-adopted at least annually or whenever new investment legislation becomes law, as staff capabilities change, or whenever external or internal issues warrant modification.
Education Law Sections 1604-a, 1723-a, 2503(1), and 3652
General Municipal Law Sections 10, 11, and 39
Local Finance Law Section 165.00
Public Authorities Law Section 2925
Adopted: 3/23/26
5230 SUBJECT: ACCEPTANCE OF GIFTS, GRANTS, AND BEQUESTS TO THE DISTRICT
The Board may accept gifts, donations, grants, or bequests (collectively “gifts”) of money, real property, or personal property, as well as other merchandise, that add to the overall welfare of the District provided that acceptance is in accordance with existing laws and regulations. Donations to the District are fully tax-deductible so long as the gift is used exclusively for public purposes. The Board may refuse any gift that constitutes a conflict of interest, gives an appearance of impropriety, or is not in its best interests. The Board will safeguard the District, the staff, and students from commercial exploitation, from special interest groups, and the like.
The Board will not accept any gifts which will place encumbrances on future boards, or result in unreasonable additional or hidden costs to the District. The Board may, if it deems it necessary, request that gifts of equipment, facilities, or any item that requires upkeep and maintenance include funds to carry out maintenance for the foreseeable life of the donation.
The Board will not formally consider the acceptance of gifts until and unless it receives the offer in writing from the donor or grantor or their attorney or financial advisor. Any gifts donated to the Board and accepted on behalf of the District must be by official action and resolution passed by board majority. The Board suggests that donors or grantors work first with school administrators in determining the nature of their gift prior to formal consideration for acceptance by the Board.
The Board is prohibited, in accordance with the New York State Constitution, from making gifts or charitable contributions with district funds.
Gifts to the District will be annually accounted for as required by Generally Accepted Accounting Principles (GAAP).
All gifts become district property. A letter of appreciation, signed by the president of the Board and the Superintendent, will be sent to donors or grantors in recognition of their contribution to the District. Letters will be sent in a timely manner and will acknowledge the possible tax deduction available to donors whose gifts qualify under IRS regulations.
New York State Constitution Article 8, Section 1
Education Law Sections 404(1), 1604(44), 1709(12), 1709(12-a), 1709(12-b), 1718(2), 3701, and 3703
Real Property Tax Law Section 980-a(3)
Adopted: 3/23/26
5250 SUBJECT: SALE AND DISPOSAL OF DISTRICT PROPERTY
Sale of School Property
No school property will be sold without prior approval of the Board. However, the responsibility for these sales may be delegated. The net proceeds from the sale of school property will be deposited in the General Fund.
Disposal of District Personal Property
Equipment
District equipment that is obsolete, surplus, or unusable by the District will be disposed of in such a manner that is advantageous to the District.
The Superintendent will be responsible for selling the equipment in such a way so as to maximize the net proceeds of sale which may include a bona fide public sale preceded by adequate public notice. If it is determined that reasonable attempts to dispose of the equipment have been made and those attempts have not produced an adequate return, the Superintendent or designee may dispose of the equipment in any manner which he or she deems appropriate.
Education Law Sections 1604(4), 1604(30), 1604(36), 1709(9), 1709(11), 2503, 2511, and 2512
General Municipal Law Sections 51 and 800, et seq.
Adopted: 3/23/26
5310 SUBJECT: BONDING OF EMPLOYEES AND BOARD MEMBERS
In accordance with New York State Education Law and the Commissioner’s Regulations, the Board directs that the treasurer of the Board, the tax collector, and the claims auditor be bonded prior to assuming their duties. These bonds will be in the amounts as determined and approved by the Board.
Other school personnel and members of the Board authorized or required to handle District revenues may be covered by a blanket undertaking provided by the District in those amounts as approved by the Board based upon the recommendations of the Superintendent or designee.
Education Law Sections 1709(20-a), 1720, 2130(5), 2526, and 2527
Public Officers Law Section 11(2)
8 NYCRR Section 170.12
Adopted: 3/23/26
5320 SUBJECT: EXPENDITURES OF DISTRICT FUNDS
The Board authorizes the purchasing agent to expend school funds as appropriated by approved operational and capital budgets, and by the adoption of special resolutions. He or she will make expenditures in accordance with applicable law and in a manner that will achieve the maximum benefit from each dollar expended.
All claims will be properly audited before payment by the claims auditor who must attest to the existence of evidence of indebtedness to support the claim.
Complete records of all expenditures will be maintained for future analysis and reporting within the time frame required by the Records Disposition Law or regulation.
Arts and Cultural Affairs Law Section 57.19
Education Law Sections 1720 and 2523
8 NYCRR Section 185
NOTE: Refer also to Policies #5321 — District Credit Card Use
#5323 — Reimbursement for Meals/Refreshments
#6161 — Conference/Travel Expense Reimbursement
Adopted: 3/23/26
5321 SUBJECT: DISTRICT CREDIT CARD USE
The District may issue a credit card or cards in its name for the use of its officers and designated employees for authorized, reimbursable, school business-related expenses. The maximum credit limit on each card will be as designated by the Board. However, authorized personnel must submit purchase orders for those school business-related expenses, such as tuition charges for attendance at conferences, travel expenses, and lodging, where costs may be fairly and accurately estimated prior to the actual incurring of expenses.
Only those officers and district personnel designated by the Board will be authorized for the use of a district credit card.
Expenses incurred on each credit card will be paid in such a manner as to avoid interest charges. The credit card(s) will be locked in a secure place in the Superintendent’s Office.
Adopted: 3/23/26
5323 SUBJECT: REIMBURSEMENT FOR MEALS/REFRESHMENTS
Travel Outside of District/Emergency Meetings
District officials and employees are entitled to reimbursement for necessary expenses incurred in the performance of their official duties. However, meals of public officers and employees generally should not be reimbursed or paid by the District unless the officer or employee is traveling outside his or her regular work area on official business for an extended period of time, or where events prevent them from taking off during mealtime for food consumption because of a pressing need to complete business. All requests for reimbursement must document who attended the meetings and how the meetings fit these conditions.
Staff or Board Meetings and District Events
The Board recognizes that at certain times it may be appropriate to provide meals and/or refreshments at district meetings and/or events which are being held for an educational purpose. Prior approval of the Superintendent or designee must be obtained for food and beverages provided at meetings or activities which will be charged to the District.
Any such expenditures must be appropriately documented with an itemized receipt and information showing the date and purpose of the meeting, food served, who attended the meetings and why the attendees needed food and/or refreshments to conduct district business. These requirements must be met for meals/refreshments provided by the school lunch fund or local vendors, charged to district credit cards, and/or reimbursed to a district official.
In no case will the costs for meals exceed the current federal per diem meal rates for the geographic area.
NOTE: Refer also to Policy #6161 — Conference/Travel Expense Reimbursement
Adopted: 3/23/26
5410 SUBJECT: PURCHASING: COMPETITIVE BIDDING AND OFFERING
Except as otherwise provided by law, all contracts for public work involving an expenditure of more than $35,000 and all purchase contracts involving an expenditure of more than $20,000 will be awarded by the District to the lowest responsible bidder furnishing the required security after advertisement for sealed bids. However, the District may, in its discretion, award purchase contracts on the basis of “best value” to a responsive and responsible bidder or offerer, provided the Board has authorized this action by rule, regulation, or resolution adopted at a public meeting.
No bid or offer will be accepted that does not conform to specifications furnished unless those specifications are waived by board action. The District may, in its discretion, reject all bids or offers and readvertise for new bids or offers in a manner consistent with New York State law.
All contracts requiring public advertising and competitive bidding or offering will be awarded by resolution of the Board.
Except as authorized by law, no board member or employee of the District will have an interest in any contract entered into by the District.
Standardization
Upon the adoption of a standardization resolution by a vote of at least 3/5 of all board members, purchase contracts for a particular type or kind of equipment, materials, or supplies of more than $20,000 may be awarded by the Board to the lowest responsible bidder or offerer furnishing the required security after advertisement for sealed bids in the manner provided in law. This resolution must state that, for reasons of efficiency or economy, there is a need for standardization and must contain a full explanation of those reasons. Upon the adoption of a valid standardization resolution, the District may provide in its specifications for a particular make or brand to the exclusion of others.
“Piggybacking” Exception to Competitive Bidding
The District may, in its discretion, purchase certain goods and services (apparatus, materials, equipment, and supplies) at costs beyond the above-referenced thresholds through the use of contracts let by the United States or any agency thereof, any state, and any county, political subdivision, or district of any state.
This method of procurement is permitted on contracts issued by other governmental entities, provided that the original contract:
- Has been let by the United States or any agency thereof, any state (including New York State) or any other political subdivision or district;
- Was made available for use by other governmental entities and agreeable with the contract holder; and
- Was let in a manner that constitutes competitive bidding consistent with New York State law, or was awarded on the basis of best value, and is not in conflict with other New York State laws.
Annual Review
Periodically, comments concerning the District’s bidding and purchasing policies and procedures will be solicited from those district employees involved in the procurement process.
The Board will annually review its bidding and purchasing policies and procedures. The school business official will be responsible for conducting an annual review of such policies and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
General Municipal Law Articles 5-A and 18
State Finance Law Sections 162, 163, and 163-b
Education Law Section 305(14)(g)
NOTE: Refer also to Policies #5411 — Procurement of Goods and Services
#5412 — Alternative Formats for Instructional Materials
#5413 — Procurement: Uniform Grant Guidance for Federal Awards
Adopted: 3/23/26
5411 SUBJECT: PROCUREMENT OF GOODS AND SERVICES
Purchasing Authority
The District’s purchasing activities will be part of the responsibilities of the Business Office, under the general supervision of the purchasing agent designated by the Board. The purchasing agent is authorized to enter into cooperative bidding and cooperative purchasing arrangements to meet the various needs of the District. No contracts for goods and services will be made by individuals or organizations in the school that involve expenditures without first securing approval for the contract from the purchasing agent.
Except as authorized by law, no board member or employee of the District will have an interest in any contract entered into by the District.
Purchasing Process
The Board recognizes its responsibility to ensure the development of procedures for the procurement of goods and services not required by law to be made pursuant to competitive bidding requirements. These goods and services will be procured in a manner so as to:
- Assure the prudent and economical use of public moneys in the best interests of the taxpayer;
- Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and
- Guard against favoritism, improvidence, extravagance, fraud, and corruption.
These procedures will contain, at a minimum, provisions which:
- Prescribe a process for determining whether a procurement of goods and services is subject to competitive bidding and if it is not, documenting the basis for such determination;
- With certain exceptions, provide that alternative proposals or quotations for goods and services will be secured by use of written request for proposals, written quotations, verbal quotations, or any other method of procurement which furthers the purposes of General Municipal Law Section 104-b;
- Set forth when each method of procurement will be utilized;
- Require adequate documentation of actions taken with each method of procurement;
- Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons;
- Set forth any circumstances when, or the types of procurement for which, the solicitation of alternative proposals or quotations will not be in the best interest of the District; and
- Identify the individual or individuals responsible for purchasing and their respective titles. This information will be updated biennially.
Any unintentional failure to fully comply with these provisions will not be grounds to void action taken or give rise to a cause of action against the District or any district employee.
The District will develop administrative regulations to establish procedures for the procurement of goods and services.
Professional Services
Professional services are generally those services that require specialized skills, training, professional judgment, expertise, and creativity. Examples include attorneys, architects, and engineers. The procurement of professional services falls within an exception to competitive bidding. In order to procure professional services, the District will use the request for proposals (RFP) process as set forth in General Municipal Law in order to protect the District’s interests and to avoid the appearance of favoritism or impropriety. Although not necessarily bound to select the lowest bidder in response to its RFP, the District will adequately document its selection process to demonstrate its economical and prudent use of public monies and to ensure fair competition.
Education Law Sections 1604, 1709, 1950, 2503, 2554, and 3602
General Municipal Law Articles 5-A and 18
General Municipal Law Sections 104-b and 119-o
NOTE: Refer also to Policies #5410 — Purchasing: Competitive Bidding and Offering
#5412 — Alternative Formats for Instructional Materials
#5413 — Procurement: Uniform Grant Guidance for Federal Awards
Adopted: 3/23/26
5412 SUBJECT: ALTERNATIVE FORMATS FOR INSTRUCTIONAL MATERIALS
Preference in the purchase of instructional materials will be given to vendors who agree to provide materials in a usable alternative format (i.e., any medium or format, other than a traditional print textbook, for presentation of instructional materials that is needed as an accommodation for each student with a disability, including students requiring Section 504 Accommodation Plans, enrolled in the District). Alternative formats include, but are not limited to, Braille, large print, open and closed captioned, audio, or an electronic file in an approved format as defined in Commissioner’s Regulations.
The District has adopted the National Instructional Materials Accessibility Standard (NIMAS) to ensure that curriculum materials are available in a usable alternative format for students with disabilities. The District will ensure that each student who requires instructional materials in an alternate format will receive it in a timely manner and in a format that meets NIMAS standards.
The District will establish a plan to ensure that instructional materials in a usable alternative format for each student with a disability (including students requiring Section 504 Accommodation Plans) are based upon the student’s educational needs and course selections, and will be available at the same time as those instructional materials are available to non-disabled students.
The Plan will:
- Specify that the District gives a preference in the purchase of instructional materials it has selected for its students to those vendors who agree to provide such instructional materials in alternative formats;
- Specify when an electronic file is provided, how the format will be accessed by students and/or how the District will convert to an accessible format;
- Specify the process to be used when ordering materials to identify the needs of students with disabilities residing in the District for alternative format materials;
- Specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and
- Include procedures so that when students with disabilities move into the District during the school year, the process to obtain needed materials in alternative formats for those students is initiated without delay.
20 USC Section 1474(e)(3)(B)
8 NYCRR Sections 200.2(b)(9), 200.2(c)(2) and 200.2(i)
Adopted: 3/23/26
5413 SUBJECT: PROCUREMENT: UNIFORM GRANT GUIDANCE FOR FEDERAL AWARDS
The District will follow all applicable requirements in the Uniform Grant Guidance (2 CFR Part 200) whenever it procures goods or services using federal grant funds awarded through formula and/or discretionary grants, including funds awarded by the United States Department of Education as grants or funds awarded to a pass-through entity, such as the New York State Education Department, for subgrants.
Uniform Grant Guidance Requirements
Under the Uniform Grant Guidance, the District will, among other things:
- Use its own documented procurement procedures which reflect applicable state, local and tribal laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in the Uniform Grant Guidance.
- Establish and maintain effective internal controls that provide reasonable assurance that the District is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. Internal controls means a process, implemented by the District, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:
- Effectiveness and efficiency of operations;
- Reliability of reporting for internal and external use; and
- Compliance with applicable laws and regulations.
- Comply with federal statutes, regulations, and the terms and conditions of the federal awards.
- Evaluate and monitor the District’s compliance with statutes, regulations, and the terms and conditions of federal awards.
- Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings.
- Take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or pass-through entity designates as sensitive or the District considers sensitive consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
- Maintain oversight to ensure contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
- Maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts.
- Have procurement procedures in place to avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.
- Award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to matters such as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
- Maintain records that sufficiently detail the history of the procurement including, but not limited to:
- Rationale for the method of procurement;
- Selection of contract type;
- Contractor selection or rejection; and
- The basis for the contract price.
- Use time and material contracts, only after a determination that no other contract is suitable and the contract includes a ceiling price that the contractor exceeds at its own risk.
- Conduct all procurement transactions in a manner providing full and open competition consistent with the standards of the Uniform Grant Guidance.
- Conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference.
- Have written procedures for procurement to ensure that all solicitations:
- Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured; and
- Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids.
- Ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition.
- Use one of the following methods of procurement, which include
- Micro-purchases;
- Small purchase procedures;
- Sealed bids;
- Competitive proposals; and
- Noncompetitive proposals.
- Have a written method for conducting technical evaluations of the proposals received and for selecting recipients
- Take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
- Include in all contracts made by the District the applicable provisions contained in Appendix II of the Uniform Grant Guidance — Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
- Perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications.
- Negotiate profit as a separate element of the price for each contract in which there is not price competition and in all cases where an analysis is performed.
- Comply with the non-procurement debarment and suspension standards which prohibit awarding contracts to parties listed on the government-wide exclusions in the System for Award Management (SAM).
2 CFR Sections 200.61, 200.303, 200.318, 200.319, 200.320, 200.321, 200.323, and 200.326
2 CFR Part 200, App. II
NOTE: Refer also to Policies #5410 — Purchasing: Competitive Bidding and Offering
#5411 — Procurement of Goods and Services
#5570 — Financial Accountability
#5670 — Records Management
#6110 — Code of Ethics for Board Members and All District Personnel
#6161 — Conference/Travel Expense Reimbursement
Adopted: 3/23/26
Accounting and reporting procedures will be developed to facilitate analysis and evaluation of the District’s financial status and fixed assets. The District will use the Uniform System of Accounts for School Districts. Books and records of the District will be maintained in accordance with statutory requirements. Provision will be made for the adequate storage, security, and disposition of all financial and inventory records.
Online Banking
The Board has entered into a written agreement with designated banks and trust companies for online banking and electronic or wire transfers, which includes the implementation of a security procedure for all transactions. Online transactions must be authorized by the District’s business official. The district treasurer, with a separate established username and password, will have the authority to process online banking transactions. The Business Office clerk or deputy treasurer, with a separate established username and password, will be responsible for online banking transactions in the event the district treasurer is not available, or as a job responsibility delegated to him or her by the district treasurer. A monthly report of all online banking activity will be reviewed by staff independent of the online banking process and reconciled with the bank statement. Online banking will only take place on secure district computers located inside the treasurer’s or Business Office.
Electronic Transactions and Wire Transfers
Procedures will be implemented specifying who is authorized to initiate, approve, transmit, record, review, and reconcile electronic transactions. At least two individuals will be involved in each transaction. Authorization and transmitting functions will be segregated and, whenever possible, the recording function will be delegated to a third individual.
The District will enter into written wire transfer security agreements for district bank accounts which will include established procedures for authenticating wire transfer orders. All wire transfers must be authorized by the district treasurer or his or her designee. Dual approval controls will be established for non-routine wire transfer orders. The Board will periodically confirm that wire transfers have appropriate signatures, verification and authorization of proper personnel.
Education Law Section 2116-a
General Municipal Law Sections 5, 5-a, 5-b, and 99-b
N.Y. UCC Section 4-A-201
Adopted: 3/23/26
5511 SUBJECT: MAINTENANCE OF FUND BALANCE
General Provisions
The Board recognizes that the maintenance of a fund balance is essential to the financial integrity of the District insofar as it helps mitigate current and future risks and assists in ensuring stable tax rates. Consistent with this understanding, the Board adopts the following standards and practices.
Classification of Funds
The District will ensure that funds are classified consistent with Governmental Accounting Standards Board (GASB) Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions. Consequently, fund balance amounts will be categorized as non-spendable, restricted, committed, assigned, or unassigned.
Unassigned Fund Balance
Minimum Unassigned Fund Balance
In order to maintain financial stability and protect against cash flow shortfalls, the Board will strive to maintain an unassigned fund balance of at least 2% of the current year’s budgeted expenses. In the event such balance falls below the 2% floor, the District will seek to replenish deficiencies through reducing expenses and/or increasing revenue.
Maximum Unassigned Fund Balance
In order to support normal operating costs and provide fiscal stability for the District, the Board will also strive to ensure that the unassigned fund balance does not exceed 4% of the current year’s budgeted expenditures. If it is anticipated that such balance will exceed the 4% ceiling, the Board will evaluate current commitments and assignments in order to determine the final distribution of fund balance in any fiscal year. The District will ensure unexpended surplus funds are used to reduce taxpayer liability in conformance with Real Property Tax Law Section 1318.
Fund Balance and Budget Development
The District’s ability to maintain its unassigned fund balance within the limits articulated above is contingent upon the development of a reasonable budget. Consequently, the District will develop and adopt budgets that, to the extent possible, reflect the anticipated revenues and expenditures.
Likewise, the District will ensure that appropriate reserve funds are established and utilized, consistent with applicable law and district policy, to ensure the fund balance is sufficient to meet district needs.
Compliance
The District will adhere to the reporting requirements of Article 3 of the General Municipal Law of the State of New York, and the practices set forth in GASB Statement Number 54.
NOTE: Refer also to Policy #5512 — Reserve Funds
Adopted: 3/23/26
5512 SUBJECT: RESERVE FUNDS
Reserve funds (essentially a legally authorized savings account designated for a specific purpose) are an important component in the District’s financial planning for future projects, acquisitions, and other lawful purposes. The District may establish and maintain reserve funds in accordance with New York State laws, Commissioner’s Regulations, and the rules or opinions issued by the Office of the New York State Comptroller. The District will comply with the reporting requirements of Article 3 of the General Municipal Law of the State of New York and the Governmental Accounting Standards Board (GASB) issued GASB Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions.
Any and all District reserve funds will be properly established and maintained to promote the goals of creating an open, transparent, and accountable use of public funds. The District will authorize all payments or transfers into a reserve fund by express resolution. The District may engage independent experts and professionals, including, but not limited to, auditors, accountants, and other financial and legal counsel to monitor all reserve fund activity and prepare any and all reports that the Board may require.
Periodic Review and Annual Report
The Board will periodically review all reserve funds. The District will also prepare and submit an annual report of all reserve funds to the Board. The annual report will include the following information for each reserve fund:
- The type and description of the reserve fund;
- The date the reserve fund was established and the amount of each sum paid into the fund;
- The interest earned by the reserve fund;
- Capital gains or losses resulting from the sale of investments of the reserve fund;
- The total amount and date of each withdrawal from the reserve fund;
- The total assets of the reserve fund showing cash balance and a schedule of investments; and
- An analysis of the projected needs for the reserve fund in the upcoming fiscal year and a recommendation regarding funding those projected needs.
The Board will utilize the information in the annual report to make necessary decisions to adequately maintain and manage the District’s reserve fund balances while mindful of its role and responsibility as a fiduciary of public funds.
Education Law Section 3653
Adopted: 3/23/26
5540 SUBJECT: PUBLICATION OF DISTRICT’S ANNUAL FINANCIAL STATEMENT
For Union Free School Districts or Central School Districts
In compliance with Education Law, the Board is required to publish a financial statement, including a full, detailed account of moneys received and moneys expended, at least once a year, during either July or August. This annual financial report will be in the form prescribed in Commissioner’s Regulations.
The law requires that the information be published in one public newspaper which is published in the District. If no public newspaper is published in the District, then the District must use a newspaper having general circulation in the District. If no public newspaper is published in the District, and there is no newspaper having general circulation in the District, then the District must provide the information to the taxpayers by posting copies in five public places in the District.
Education Law Sections 1610, 1721, 2117, 2528 and 2577
8 NYCRR Section 170
Adopted: 3/23/26
5560 SUBJECT: USE OF FEDERAL FUNDS FOR POLITICAL EXPENDITURES
The Board prohibits the use of any federal funds for partisan political purposes or expenditures of any kind by any person or organization involved in the administration of federally assisted programs.
This policy refers generally, but is not limited to, lobbying activities, publications, or other materials intended for influencing legislation or other partisan political activities.
The Board assigns the purchasing agent the responsibility of monitoring expenditures of federal funds so that these funds are not used for partisan political purposes.
OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments (revised May 10, 2004)
Compliance Supplement for Single Audit of State and Local Governments (revised June 27, 2003) supplementing OMB Circular A133
NOTE: Refer also to Policy #6430 — Employee Political Activities
Adopted: 3/23/26
5570 SUBJECT: FINANCIAL ACCOUNTABILITY
The District has internal controls in place to ensure that:
- The goals and objectives of the District are accomplished;
- Laws, regulations, policies, and good business practices are complied with;
- Audit recommendations are considered and implemented;
- Operations are efficient and effective;
- Assets are safeguarded; and
- Accurate, timely, and reliable data are maintained.
The District’s governance and control environment will include the following:
- The District’s code of ethics addresses conflict of interest transactions with board members and employees. Transactions that are less-than-arm’s length are prohibited. Less-than-arm’s length is a relationship between the District and employees or vendors who are related to district officials or board members.
- The Board requires corrective action for issues reported in the certified public accountant’s (CPA’s) management letter, audit reports, the Single Audit, and consultant reports.
- The Board has established the required policies and procedures concerning district operations.
- The Board routinely receives and discusses the necessary fiscal reports including the:
- Treasurer’s cash reports;
- Budget status reports;
- Revenue status reports;
- Fund balance projections (usually starting in January).
- The District has a long-term (three to five years) financial plan for both capital projects and operating expenses.
- The District requires attendance at training programs for board members, business officials, treasurers, claims auditors, and others to ensure they understand their duties and responsibilities and the data provided to them.
- The Board has an audit committee to assist in carrying out its fiscal oversight responsibilities.
- The District’s information systems are economical, efficient, current, and up-to-date.
- All computer files are secured with passwords or other controls, backed up on a regular basis, and stored at an off-site or in a secure fireproof location.
- The District periodically verifies that its controls are working efficiently.
Audit Response
Periodically, the District receives audit reports from the external (independent) auditor and/or the Office of the New York State Comptroller. The Board will review all audit recommendations in consultation with the audit committee and respond appropriately. Independent and Comptroller audit reports and the accompanying management letters will be made available for public inspection. The District will also timely post a copy of the annual external audit report or the Comptroller’s final audit report on its website for a period of five years. Notice of the availability of independent and Comptroller audit reports will be published in the District’s official newspaper or one having general circulation in the District. If there is no newspaper, notice must be placed in ten public places within the District.
Education Law Section 2116-a(3-b)
8 NYCRR Section 170.12
General Municipal Law Sections 33(2)(e) and 35(1), (2)
Adopted: 3/23/26
5571 SUBJECT: ALLEGATIONS OF FRAUD
Reporting and Investigations of Allegations of Fraud
All board members and officers, district employees, and third party consultants are required to abide by the District’s policies, administrative regulations, and procedures in the course of their duties. Further, all applicable federal and/or state laws and regulations must be adhered to in the course of district operations and practices. Any individual who has reason to believe that financial improprieties or wrongful conduct is occurring within the District should disclose this information according to the reporting procedures established by the District. The reporting procedures will follow the chain of command as established within the department or school building or as described in the District’s Organizational Chart. In the event that the allegations of financial improprieties/fraud and/or wrongful conduct concern the investigating official, the report shall be made to the next level of supervisory authority. If the chain of supervisory command is not sufficient to ensure impartial, independent investigation, allegations of financial improprieties/fraud and/or wrongful conduct will be reported as applicable, to the internal auditor (if available), or the external (independent) auditor, or the school attorney, or the Board. The District’s prohibition of wrongful conduct, including fraud, will be publicized within the District as deemed appropriate; and written notification will be provided to all employees with fiscal accounting/oversight and/or financial duties including the handling of money.
Upon receipt of an allegation of financial improprieties/fraud and/or wrongful conduct, the Board or designated employee(s) will conduct a thorough investigation of the charges. However, even in the absence of a report of suspected wrongful conduct, if the District has knowledge of, or reason to know of, any occurrence of financial improprieties/fraud and/or wrongful conduct, the District will investigate the conduct promptly and thoroughly. To the extent possible, within legal constraints, all reports will be treated confidentially and privately. However, disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law enforcement officials as warranted, and any disclosure will be provided on a “need to know” basis. Written records of the allegation, and resulting investigation and outcome will be maintained in accordance with law.
Based upon the results of this investigation, if the District determines that a school official has engaged in financial improprieties/fraudulent and/or wrongful actions, appropriate disciplinary measures will be applied, up to and including termination of employment, in accordance with legal guidelines, district policy and regulation, and any applicable collective bargaining agreement. Third parties who are found to have engaged in financial improprieties/fraud and/or wrongful conduct will be subject to appropriate sanctions as warranted and in compliance with law. The application of disciplinary measures by the District does not preclude the filing of civil and/or criminal charges. When school officials receive a complaint or report of alleged financial improprieties/fraud and/or wrongful conduct that may be criminal in nature, law authorities should be immediately notified.
An appeal procedure will also be provided, as applicable, to address any unresolved complaints and/or unsatisfactory prior determinations by the applicable investigating officer(s).
Protection of School Employees who Report Information Regarding Illegal or Inappropriate Financial Practices
Any employee of the District who has reasonable cause to believe that the fiscal practices or actions of an employee or officer of the District violates any local, state, federal law or rule and regulation relating to the financial practices of the District, and who in good faith reports such information to an official of the District, or to the Office of the State Comptroller, the Commissioner of Education, or to law enforcement authorities, will have immunity from any civil liability that may arise from the making of the report. Further, neither the District, nor any employee or officer of the District will take, request, or cause a retaliatory action against any employee who makes such a report.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The Board also prohibits any retaliatory behavior against any witnesses and/or any other individuals who participate in the investigation of an allegation of illegal or inappropriate fiscal practices or actions. Follow-up inquiries will be made to ensure that no reprisals or retaliatory behavior has occurred to those involved in the investigation. Any act of retaliation will be subject to appropriate disciplinary action by the District.
Knowingly Makes False Accusations
Any individual who knowingly makes false accusations against another individual as to allegations of financial improprieties or fraud may also face appropriate disciplinary action.
Civil Service Law Section 75-B
Education Law Section 3028-d
Adopted: 3/23/26
5573 SUBJECT: INTERNAL AUDIT FUNCTION
The District is exempt from performing the internal audit function because it:
- Employs fewer than eight teachers;
- Had actual fund expenditures totaling less than five million dollars in the previous school year; or
- Had actual enrollment of less than 1,500 students in the previous school year.
The District annually certifies to the Commissioner that it meets one or more of the above criteria for an exemption.
Education Law Sections 1950, 2116-b, and 2116-c
8 NYCRR Section 170.12
Adopted: 3/23/26
5610 SUBJECT: INSURANCE
The objective of the Board is to obtain the best possible insurance at the lowest possible cost, and to seek advice from an Insurance Appraisal Service to determine that adequate coverage is being provided regarding fire, boiler, general liability, bus, and student accident insurance.
The Board will carry insurance to protect the District’s real and personal property against loss or damage. This property includes school buildings, the contents of such buildings, school grounds, and vehicles.
The Board may also purchase liability insurance to pay damages assessed against board members and district employees acting in the discharge of their respective duties, within the scope of their employment and/or under the direction of the Board.
All insurance policies, along with an inventory of the contents of the building, should be kept in a fireproof depository or with the appropriate insurance agent for safekeeping and referral purposes. The Superintendent will review the District’s insurance program annually and make recommendations to the Board if more suitable coverage is required.
Education Law Sections 1709(8), 1709(26), 1709(34-b), 2503(10), 2503(10-a), 2503(10-b), 3023, 3028, and 3811
General Municipal Law Sections 6-n and 52
Public Officers Law Section 18
Adopted: 3/23/26
5620 SUBJECT: FIXED ASSET INVENTORIES, ACCOUNTING, AND TRACKING
The Superintendent or designee will maintain a continuous and accurate inventory of fixed assets owned by the District in accordance with applicable rules, standards, procedures, and best practices. Fixed assets are, generally, long-term, tangible resources intended to be continuously held or used, and may include land, buildings, improvements, machinery, and equipment.
All fixed assets purchased and received by the District will be checked, logged, and stored through an established procedure.
The school business official will account for assets on an annual basis according to applicable rules, standards, procedures, and best practices. These accounts will serve to:
- Maintain an inventory of assets;
- Establish accountability;
- Determine replacement costs; and
- Determine and provide appropriate insurance coverage.
The Board will establish a dollar threshold as a basis for considering which fixed assets are to be depreciated. This threshold will ensure that at least 80% of the value of these assets is reported. The threshold will not be greater than $5,000. Standard methods and averaging conventions will be used in assessing, capitalizing, and depreciating fixed assets.
Fixed assets will be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed assets will be recorded at estimated fair value at the time of the gift. A property record will be maintained for each fixed asset and will contain, where possible, the following information:
- Date of acquisition;
- Description;
- Serial or other identification number;
- Any funding source and percentage contributed by the source;
- Vendor;
- Cost or value;
- Location and use;
- Asset type;
- Condition and estimated useful life;
- Replacement cost;
- Current value;
- Salvage value;
- Sale price and date and method of disposition; and
- Responsible official.
All fixed assets will be labeled. Any discrepancies between an inventory and the District’s property records should be traced, explained, and documented.
Management of Assets Acquired Under a Federal Government Grant or Subgrant
Inventories will be maintained for assets acquired with funds obtained through federal grant programs. A separate inventory will be maintained for each program. Each inventory will record assets in the same manner as the District’s fixed asset inventory. Assets will be labeled to specify the source of funds used to purchase the item. All Title I assets will include “Title I” on the label. These inventories will track assets for at least five years from the date of receipt.
When original or replacement assets acquired under a federal grant or subgrant are no longer needed for the original project or for other activities currently or previously supported by a federal agency, the District will dispose of the assets as follows:
- Assets with a current per-unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency.
- Assets with a current per-unit fair market value of greater than $5,000 may be retained or sold and the awarding agency will have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency’s share of the assets.
- No federal approval is necessary to dispose of an asset costing over $5,000 but approval from the New York State Education Department (SED) is necessary. Once SED has determined that it has no other need for the use of the asset, the District may proceed with selling it.
The District will comply with the U.S. Department of Education regulations governing the use, management, and disposition of all equipment acquired through a federal government grant.
Equipment Purchased with Extraclassroom Funds
Title to all equipment acquired with extraclassroom activity funds will reside with the District and be carried as an insurable asset on its list of insurable values. This equipment will be tagged as district property but is available for exclusive use by the extraclassroom activity club acquiring it.
Title I of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA) of 2015
34 CFR Parts 74-99, 200
NYSED Finance Pamphlet, The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, 2019
Uniform System of Accounts for School Districts (Fiscal Section)
Adopted: 3/23/26
5630 SUBJECT: FACILITIES: INSPECTION, OPERATION, AND MAINTENANCE
Overview
The District is committed to providing a healthy and safe environment for all individuals on school grounds. As part of this commitment, the District will comply with all applicable laws, regulations, and codes related to the construction, inspection, operation, and maintenance of district facilities.
Construction and Remodeling of School Facilities
The District will ensure all capital projects and maintenance comply with the requirements of the New York State Uniform Fire Prevention and Building Code, the State Energy Conservation Construction Code, the Manual of Planning Standards, and the Commissioner’s Regulations. The New York State Education Department (NYSED) Office of Facilities Planning has provided an Instruction Guide on its official website.
Plans and specifications for the erection, enlargement, repair, or remodeling of district facilities will be submitted to the Commissioner consistent with applicable law and regulation.
Plans and specifications submitted to the Commissioner will bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications must also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code.
For remodeling or construction projects, the District will ensure compliance with the requirements of the State Uniform Fire Prevention and Building Code, the State Energy Conservation Construction Code, and applicable law and regulation. The District will also retain the services of an architect or engineer licensed to practice in New York State as required by law or regulation, or as necessary given the scope and cost of the project.
Carbon Monoxide Detection
All district facilities will have carbon monoxide alarms or detection systems installed in accordance with all applicable laws, regulations, and/or codes.
Asbestos Inspections
In accordance with the Asbestos Hazard Emergency Response Act (AHERA), the District will inform all employees and building occupants (or their legal guardians) at least once each school year about all asbestos inspections, response actions, post-response action activities, as well as triennial re-inspection activities and surveillance activities that are either planned or in progress. The District will provide yearly written notification to parent, teacher, and employee organizations on the availability of the District’s asbestos management plan and any asbestos-related actions taken or planned in the school.
Lead Testing
The District will triennially test potable water for lead contamination from all outlets as required by law and regulation. If an outlet exceeds the action level for lead content, the District will prohibit use of the outlet and it will remediate the lead level of the outlet before allowing its use. The District will make all required notifications and issue all mandated reports to the public, local health department, and NYSED. For ten years following creation, the District will retain all records of test results, lead remediation plans, lead-free building determinations, and waiver requests. The District may seek a waiver from testing requirements from the local health department by demonstrating prior substantial compliance with testing requirements.
Comprehensive Long-Range Plan
The District will develop and keep on file a comprehensive long-range plan pertaining to educational facilities in accordance with the Commissioner’s Regulations. This plan will be reevaluated and updated at least annually and will include, at a minimum, an appraisal of the following:
- The educational philosophy of the District, with resulting administrative organization and program requirements;
- Present and projected student enrollments;
- Space use and state-rated student capacity of existing facilities;
- The allocation of instructional space to meet the current and future special education program and service needs, and to serve students with disabilities in settings with nondisabled peers;
- Priority of need of maintenance, repair, or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and
- The provision of additional facilities.
Comprehensive Public School Building Safety Program
To ensure that all district facilities are properly maintained and preserved and provide suitable educational settings, the Board requires that all occupied school facilities which are owned, operated, or leased by the District comply with the provisions of the Comprehensive Public School Building Safety Program, the Uniform Code of Public School Building Inspections, and the Safety Rating and Monitoring as prescribed in Commissioner’s Regulations.
The Comprehensive Public School Safety Program will consist of the following components:
- Building Condition Surveys
- Building condition surveys will be conducted on a schedule as assigned by the Commissioner of Education in calendar years 2020-2024 and at least every five years thereafter. Building condition surveys will be conducted on all occupied school buildings in accordance with law and regulation, including being conducted by a licensed architect or a licensed professional engineer who will assess the condition of all major building systems of a school building.
- Visual Inspections
- Visual inspections will be conducted when deemed necessary by the Commissioner to maintain the safety of public school buildings and the welfare of their occupants. When visual inspections occur, they will be conducted in accordance with law and regulation.
- Five-Year Capital Facilities Plan
- The District will develop a five-year capital facilities plan and update the plan annually. In developing and amending the plan, the District will use the safety rating of each occupied school building. The plan must be consistent with all District planning requirements and identify critical maintenance needs. The plan will be prepared in a manner and format prescribed by the Commissioner and submitted to the Commissioner upon request. The plan will include, but not be limited to:
- A breakdown for each of the five years of the plan of the estimated expenses for the following:
- Current or proposed new construction ranked in priority order;
- Current or proposed additions to school facilities ranked in priority order;
- Current or proposed alterations or reconstruction of school facilities ranked in priority order;
- Major repairs ranked in priority order;
- Major system replacement and repairs, and maintenance ranked in priority order; and
- Energy consumption.
- A district-wide building inventory that includes, but is not limited to:
- The number and type of facilities owned, operated, or leased by the District;
- The age, enrollment, rated capacity, use, size, and the safety rating of the buildings as determined pursuant to Commissioner’s Regulations;
- The energy sources for the buildings;
- Probable useful life of each building and its major subsystems;
- Need for major system replacement and repairs, and maintenance;
- Summary of the triennial asbestos reports required pursuant to AHERA regulations; and
- Any other information which may be deemed necessary by the Commissioner to evaluate safety and health conditions in school facilities
- A breakdown for each of the five years of the plan of the estimated expenses for the following:
- The District will develop a five-year capital facilities plan and update the plan annually. In developing and amending the plan, the District will use the safety rating of each occupied school building. The plan must be consistent with all District planning requirements and identify critical maintenance needs. The plan will be prepared in a manner and format prescribed by the Commissioner and submitted to the Commissioner upon request. The plan will include, but not be limited to:
- Monitoring System
- The District will establish a process to monitor the condition of all occupied school buildings in order to assure that they are safe and maintained in a state of good repair. The process will include, but not be limited to:
- The establishment of a health and safety committee comprised of representation from district officials, staff, bargaining units, and parents.
- The establishment of a comprehensive maintenance plan for all major building systems to ensure the building is maintained in a state of good repair. This 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 comprehensive maintenance plan will be available for public inspection.
- The annual review and approval by the Board of the annual building inspection reports and the five-year building condition surveys.
- Procedures for assuring that an annual fire safety inspection of each building is conducted in accordance with all applicable laws, regulations, and/or codes.
- Procedures for assuring that a current and valid certificate of occupancy is maintained for each building and posted in a conspicuous place.
- Procedures for the investigation and disposition of complaints related to health and safety. These procedures will involve the health and safety committee and, at a minimum, will conform to the following requirements
- Provide for a written response to all written complaints. The written response will describe:
- The investigations, inspections, or tests made to verify the substance of the complaint, or a statement explaining why further investigations, inspections, or tests are not necessary
- The results of any investigations, inspections, or tests which address the complaint;
- The actions, if any, taken to solve the problem; and
- The action, if any, taken if the complaint involved a violation of law or of a contract provision
- A copy of the response will be forwarded to the health and safety committee.
- Copies of all correspondence will be kept in a permanent project file.
- These records will be made available to the public upon request.
- Provide for a written response to all written complaints. The written response will describe:
- The Board will take actions to immediately remedy serious conditions affecting health and safety in school buildings, and will report the actions to the Commissioner.
- All construction and maintenance activities will comply with the Uniform Safety Standards for School Construction and Maintenance Projects.
- The District will establish a process to monitor the condition of all occupied school buildings in order to assure that they are safe and maintained in a state of good repair. The process will include, but not be limited to:
15 USC Sections 2641-2656
40 CFR Part 763, Subpart E
Education Law Sections 408, 409, 409-d, 3602, and 3641
Executive Law Section 378
Public Health Law Section 1110
8 NYCRR Sections 155.1, 155.2, 155.3, and 155.4
10 NYCRR Sections 4-1.1 et seq. and 67-4.1 et seq.
19 NYCRR Sections 1219-1240
Adopted: 3/23/26
5631 SUBJECT: HAZARDOUS WASTE AND HANDLING OF TOXIC SUBSTANCES BY EMPLOYEES
The Board directs the Superintendent to establish rules to ensure district implementation of applicable federal and state laws pertaining to the identification, transportation, treatment, storage, and disposal of hazardous wastes.
Hazard Communication Standard
All personnel will be provided with applicable training to comply with the New York State “Right-to-Know” Law and the Hazard Communication Standard. Both the “Right to Know” poster and the “Labor Law Information Relating to Public Employees” poster must be posted in common areas informing workers of relevant work hazards and associated rights.
The Superintendent or designee will maintain a current record of the contact information of every employee who handles or uses toxic substances and which substance(s) were handled or used by the employee.
Environmental Protection Agency, 40 CFR Parts 261 and 262
Occupational Safety and Health Administration (OSHA), 29 CFR Section 1910.1200
Labor Law Sections 875-883
Public Health Law Sections 4800-4808
6 NYCRR Part 371
12 NYCRR Part 820
Adopted: 3/23/26
5632 SUBJECT: PEST MANAGEMENT AND PESTICIDE USE
The Board is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.
Structural and landscape pests can pose significant problems for people and property. Weeds and infestations can destroy playing fields and playgrounds and more importantly, cause severe allergic reactions. Pesticides can pose risks to people, property, and the environment. It is therefore the policy of the District to incorporate integrated pest management (IPM) procedures for control of weeds, structural, and landscape pests. The objective of this program is to provide necessary pest control while using the least toxic approach to all pests, weeds, and infestations.
Pest/Pesticide Management Plan
The District will manage weeds and pests to:
- Reduce any potential human health hazard or threat to public safety;
- Prevent loss or damage to school structures or property;
- Prevent pests from spreading into the community, or to plant and animal populations beyond the site; and
- Enhance the quality of life for students, staff, and others.
Integrated Pest Management (IPM) Coordinator
An IPM coordinator will be appointed by the Superintendent. The coordinator will be responsible for implementing the IPM policy and plan. The coordinator’s responsibilities will include, but are not limited to, the following:
- Recording all pest sightings by school staff and students;
- Recording all pesticide use and utilizing the least toxic approach;
- Meeting with a local pest control expert, such as a pesticide contractor to share information on what pest problems are present in the school;
- Ensuring that all of the expert’s recommendations on maintenance and sanitation are carried out where feasible;
- Ensuring that pesticide use is done when school is not in session or when the area can be completely secured against access by school staff and students for a standard 72 hours, or as required by the pesticide being used;
- Evaluating the school’s progress in the IPM plan; and
- Notifying parents, staff and neighbors of any applications of pesticides 48 hours before they occur. The IPM coordinator will serve as the District’s pesticide representative.
Pesticide Use on Common Areas
Pesticides will not be used on playgrounds, turf, athletic or playing fields, in effect, all lawn areas of the school. In these common areas where children gather and play, pesticide alternatives will be used whenever possible and effective. The prohibition does not apply to indoor use or the application to building structures.
An exception may be made for emergency applications of pesticide only when approved in advance by the Board. The Board may consult with the local Health Department on public health-related emergency determinations. They may also consult with the Department of Environmental Conservation (DEC) for environmental emergency determinations. Emergency determinations should only be sought for one-time pesticide application in a specific situation, which presents a true emergency. The guidance document from DEC provides clarification on emergency determinations and can be found on the official website of the DEC.
Some types of pesticides and alternatives, those deemed safe in federal regulation, may be allowable on playing fields and playgrounds in certain circumstances. The District will develop regulations governing the use of pesticides and their alternatives on school grounds.
Fertilizer Use
Phosphorus fertilizers will only be used on school grounds in compliance with the following requirements:
- Fertilizer use is prohibited between December 1 and April 1 annually.
- The use of fertilizers is prohibited within 20 feet of any surface water except:
- Where a continuous natural vegetation buffer, at least ten feet wide, separates lawn and water.
- Where a spreader guard, deflector shield or drop spreader is used, then the application may not occur within three feet of any surface water.
- The use of phosphorus fertilizers is prohibited on lawns or other non-agricultural turf with the following exception:
- The use of phosphorus fertilizers is needed to establish a new lawn; or
- A soil test shows that phosphorus fertilizers are needed for growth.
- Fertilizer cannot be used on any impervious surfaces and if such an application occurs, it must be cleaned immediately and legally applied or placed in an appropriate container.
Notification
The District’s IPM coordinator or designated pesticide representative will give prior written notice of all pesticide applications to anyone who has asked to receive this notice. The District will also notify parents, students, and staff of periodic pesticide applications. The District will maintain a list of those people who wish to receive 48-hour notice before pesticide applications and will ensure that a system is developed to deliver such notice in a timely fashion to all affected. The notification system may be by mail or email, and will ensure that a back-up method is available to notify those for whom the regular system is unworkable. The name and contact information for the district pesticide representative will be made available to all requesting it.
The District must also provide additional written notification to all parents and staff three times per year to inform them of any pesticide applications that have occurred: within ten days of the end of the school year, within two school days of the end of winter recess and within two days of the end of spring recess.
Recordkeeping
Records of pesticide use will be maintained on-site for three years and will be completed on the day of pesticide use. In addition, pest surveillance records will be maintained to help verify the need for pesticide treatments. Annual reports of any applications must be sent to DEC.
Education Law Sections 409-k, 409-h
Environmental Conservation Law Sections 17-2103, 33-0303
40 CFR Part 152.25
7 USC Section 136(mm), 136q(h)(2) (FIFRA)
8 NYCRR Part 155.4(d)(2)
Adopted: 3/23/26
5633 SUBJECT: GENDER NEUTRAL SINGLE-OCCUPANCY BATHROOMS
The District is committed to creating and maintaining an inclusive work environment. The District will ensure that all single-occupancy bathroom facilities are designated as gender neutral for use by no more than one occupant at a time or for family or assisted use.
“Single-occupancy bathroom” means a bathroom intended for use by no more than one occupant at a time or for family or assisted use and which has a door for entry into and egress from the bathroom that may be locked by the occupant to ensure privacy and security.
All gender neutral bathroom facilities will be clearly designated by the posting of signage either on or near the entry door of each facility.
Education Law Section 409-m
Public Buildings Law Section 145
Adopted: 3/23/26
Definitions
For purposes of this policy, the following definitions apply:
- “Electronic cigarette” (or “e-cigarette”) means an electronic device delivering vapor inhaled by an individual user, and includes any refill, cartridge, and any other component of such a device.
- “School function” means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.
- “School grounds” means any building, structure, and surrounding outdoor grounds, including entrances or exits, contained within the District’s preschool, nursery school, elementary, or secondary school’s legally defined property boundaries as registered in the County Clerk’s Office, as well as any vehicles used to transport children or school personnel.
- “Smoking” means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance containing tobacco, cannabis, or cannabinoid hemp.
- “Tobacco products” means cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water, or any other tobacco products.
- “Vaping” means the use of an electronic cigarette.
Notification
The District will prominently post signs prohibiting smoking and vaping on school grounds in accordance with applicable law. Appropriate district officials will inform individuals smoking or vaping in a non-smoking area that they are in violation of law and/or district policy.
The District will communicate this policy to staff, students, parents/guardians, volunteers, visitors, contractors, and outside groups through means such as the District’s Code of Conduct, student handbooks, newsletters, announcements, facilities use forms/agreements, and/or the prominent display of this policy in appropriate locations.
Prohibition of Tobacco Promotional Items/Tobacco Advertising
Tobacco promotional items (e.g., brand names, logos, and other identifiers) are prohibited:
- On school grounds;
- In any vehicles used to transport students or school personnel;
- At school functions;
- In school publications;
- On clothing, shoes, accessories, gear, and school supplies in accordance with the District’s Code of Conduct and applicable collective bargaining agreements.
This prohibition of tobacco promotional items will be enforced in accordance with the District’s Code of Conduct and applicable collective bargaining agreements.
The District will request, whenever possible, tobacco free editions of periodical publications for school libraries and classroom use.
20 USC Sections 6081-6084 and 7971-7974
41 USC Section 8101 et seq.
Education Law Section 409
Penal Law Section 222.10
Public Health Law Sections 1399-n, 1399-o, 1399-p, and 1399-aa
8 NYCRR Sections 155.5 and 156.3
NOTE: Refer also to Policies #3280 — Use of School Facilities, Materials, and Equipment
#6150 — Alcohol, Tobacco, Drugs, and Other Substances (Staff)
District Code of Conduct
Adopted: 3/23/26
5650 SUBJECT: ENERGY CONSERVATION AND RECYCLING IN THE SCHOOLS
The Board recognizes the importance of energy conservation and is committed to the analysis, development, and initiation of conservation measures throughout the District for the purpose of reducing energy consumption, particularly in these times of declining levels of natural energy resources and increasing cost of these resources. The Board maintains an aggressive and responsible program to reduce consumption of energy by its facilities and to provide education to both staff and students on the conservation of energy.
The District is committed to an energy conservation program that addresses not only capital-related energy projects but ongoing, day-to-day energy-related issues as well. All staff are urged to participate actively in a program of energy conservation by assisting in the efforts to eliminate the wasteful use of energy in the operation of the District’s buildings. Cooperation will be required of each employee and each student to achieve a meaningful energy conservation program that results in a more efficient use of energy resources. Involvement of staff and students is essential to a successful program of energy conservation.
The Board is further committed to protecting and improving the environment by recycling commonly used materials, waste prevention strategies, and purchasing recycled products when feasible.
Environmental Conservation Law Sections 27-2101- 27-2117
General Municipal Law Section 120-aa
19 NYCRR Sections 1221-1228 and 1240
Energy Conservation Code of New York State 2007
Adopted: 3/23/26
5670 SUBJECT: RECORDS MANAGEMENT
The Superintendent will designate a records management officer, subject to board approval, to develop and coordinate the District’s orderly and efficient records management program. Among other aspects, this program includes the legal disposition or destruction of obsolete records and the storage and management of inactive records. The records management officer will work with other district officials to develop and maintain this program.
The District may create a records advisory board to assist in establishing and supporting the records management program. Members of this board may include the District’s legal counsel, the fiscal officer, and the Superintendent or designee, among others
Retention and Disposition of Records
The District will retain records and dispose of them in accordance with the Retention and Disposition Schedule for New York Local Government Records (LGS-1) or as otherwise approved by the Commissioner of Education. Further, if any law specifically provides a retention period longer than that established by this schedule, the retention period established by the law will govern.
Replacing Original Records with Microforms or Electronic Images
The District will follow procedures prescribed by the Commissioner of Education to ensure accessibility for the life of any microform or electronic records that replace paper originals or micrographic copies.
Retention and Preservation of Electronic Records
The District will ensure that records retention requirements are incorporated into any program, plan, or process for design, redesign, or substantial enhancement of an information system that stores electronic records. The District will also ensure that electronic records are not rendered unusable because of changing technology before their retention and preservation requirements expire.
Arts and Cultural Affairs Law Article 57-a
8 NYCRR Part 185
Adopted: 3/23/26
5671 SUBJECT: DISPOSAL OF CONSUMER REPORT INFORMATION AND RECORDS
In accordance with the Federal Trade Commission’s (FTC) “Disposal Rule,” and in an effort to protect the privacy of consumer information, reduce the risk of fraud and identity theft, and guard against unauthorized access to or use of the information, the District will take appropriate measures to properly dispose of sensitive information (i.e., personal identifiers) contained in or derived from consumer reports and records. The District may determine what measures are reasonable based on the sensitivity of the information, the costs and benefits of different disposal methods, and changes in technology.
The term “consumer report” includes information obtained from a consumer reporting company that is used—or expected to be used—in establishing a consumer’s eligibility for employment or insurance, among other purposes. The term “employment purposes” when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.
The FTC Disposal Rule defines “consumer information” as “any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report. Consumer information also means a compilation of these records. Consumer information does not include information that does not identify individuals, such as aggregate information or blind data.”
Information Covered by the Disposal Rule
There are a variety of personal identifiers beyond simply a person’s name that would bring information within the scope of the Disposal Rule, including, but not limited to, a social security number, driver’s license number, phone number, physical address, and email address. Depending upon the circumstances, data elements that are not inherently identifying can, in combination, identify particular individuals.
Proper Disposal
The District will utilize disposal practices that are reasonable and appropriate to prevent the unauthorized access to—or use of—information contained in or derived from consumer reports and records. Reasonable measures to protect against unauthorized access to or use of consumer information in connection with district disposal include the following examples.
- Burning, pulverizing, or shredding of papers containing consumer information so that the information cannot practicably be read or reconstructed;
- Destroying or erasing electronic media containing consumer information so that the information cannot practicably be read or reconstructed;
- After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material, specifically identified as consumer information, in a manner consistent with the Disposal Rule. In this context, due diligence could include:
- Reviewing an independent audit of the disposal company’s operations and/or its compliance with the Disposal Rule;
- Obtaining information about the disposal company from several references or other reliable sources;
- Requiring that the disposal company be certified by a recognized trade association or similar third party;
- Reviewing and evaluating the disposal company’s information security policies or procedures;
- Taking other appropriate measures to determine the competency and integrity of the potential disposal company; or
- Requiring that the disposal company have a certificate of registration from the New York Department of State issued on or after October 1, 2008;
- For persons (as defined in accordance with the Fair Credit Reporting Act) or entities who maintain or otherwise possess consumer information through their provision of services directly to a person subject to the Disposal Rule, monitoring compliance with policies and procedures that protect against unauthorized or unintentional disposal of consumer information, and disposing of this information in accordance with examples a) and b) above.
Implementation of Practices and Procedures
The Board delegates to the Superintendent or designee the authority and responsibility to review current practices regarding the disposal of consumer information; and to implement such further reasonable and appropriate procedures, including staff training as necessary, to ensure compliance with the FTC’s Disposal Rule.
The Fair Credit Reporting Act, 15 USC Section 1681 et seq.
The Fair and Accurate Credit Transactions Act of 2003, Public Law Sections 108-159
Federal Trade Commission Disposal of Consumer Report Information and Records, 16 CFR Part 682
General Business Law Article 39-G
Adopted: 3/23/26
5672 SUBJECT: INFORMATION SECURITY BREACH AND NOTIFICATION
The District values the protection of private information of individuals in accordance with applicable law and regulations. The District is required to notify affected individuals when there has been or is reasonably believed to have been a compromise of the individual’s private information in compliance with the Information Security Breach and Notification Act and board policy.
- “Personal information” means any information concerning a person which, because of name, number, symbol, mark, or other identifier, can be used to identify that person.
- “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 combination of 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, password, or other information which would permit access to an individual’s financial account;
- Account number, or credit or debit card number, if circumstances exist where the number could be used to access an individual’s financial account without additional identifying information, security code, access code, or password; or
- Biometric information, meaning data generated by electronic measurements of an individual’s unique physical characteristics, such as fingerprint, voice print, retina or iris image, or other unique physical representation or digital representation which are used to authenticate or ascertain the individual’s identity;
- A username or email address in combination with a password or security question and answer that would permit access to an online account.
- Private information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
- Personal information consisting of any information in combination with any one or more of the following data elements, when either the data element or the combination of personal information plus the data element is not encrypted or encrypted with an encryption key that has also been accessed or acquired:
- “Breach of the security of the system” means unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the District. Good faith acquisition of personal information by an employee or agent of the District for the purposes of the District is not a breach of the security of the system, provided that private information is not used or subject to unauthorized disclosure.
Determining if a Breach Has Occurred
In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or person without valid authorization, the District may consider the following factors, among others:
- Indications that the information is in the physical possession or control of an unauthorized person, such as a 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; or
- System failures.
Notification Requirements
- For any computerized data owned or licensed by the District that includes private information, the District will disclose any breach of the security of the system following discovery or notification of the breach to any New York State resident whose private information was, or is reasonably believed to have been, accessed or acquired by a person without valid authorization. The disclosure to affected individuals will be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the integrity of the data 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. Within 90 days of the notice of the breach, the New York State Office of Information Technology Services will deliver a report to the District on the scope of the breach and recommendations to restore and improve the security of the system.
- Notice to affected persons under State Technology Law is not required if the exposure of private information was an inadvertent disclosure by persons authorized to access private information, and the District reasonably determines the exposure will not likely result in the misuse of the information, or financial or emotional harm to the affected persons. This determination must be documented in writing and maintained for at least five years. If the incident affected over 500 New York State residents, the District will provide the written determination to the New York State Attorney General within ten days after the determination.
- If notice of the breach of the security of the system is made to affected persons pursuant to the breach notification requirements under certain laws and regulations, the District is not required to provide additional notice to those affected persons under State Technology Law. However, the District will still provide notice to the New York State Attorney General, the New York State Department of State, the New York State Office of Information Technology Services, and to consumer reporting agencies.
- For any computerized data maintained by the District that includes private information which the District does not own, the District will notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, accessed or acquired by a person without valid authorization.
The notification requirement may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The required notification will be made after the law enforcement agency determines that the notification does not compromise the investigation.
If the District is required to provide notification of a breach, including breach of information that is not private information, to the United States Secretary of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 or the Health Information Technology for Economic and Clinical Health Act, it will provide notification to the New York State Attorney General within five business days of notifying the United States Secretary of Health and Human Services.
Methods of Notification
The required notice will be directly provided to the affected persons by one of the following methods:
- Written notice;
- Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form and a log of each notification is kept by the District when notifying affected persons in electronic form. However, in no case will the District require a person to consent to accepting the notice in electronic form as a condition of establishing any business relationship or engaging in any transaction;
- Telephone notification, provided that a log of each notification is kept by the District when notifying affected persons by phone; or
- Substitute notice, if the District demonstrates to the New York State Attorney General that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds 500,000, or that the District does not have sufficient contact information. Substitute notice will consist of all of the following:
- Email notice when the District has an email address for the subject persons;
- Conspicuous posting of the notice on the District’s website page, if the District maintains one; and
- Notification to major statewide media.
Regardless of the method by which notice is provided, the notice will include:
- Contact information for the notifying District;
- The telephone numbers and websites of the relevant state and federal agencies that provide information regarding security breach response and identity theft prevention and protection information; and
- A description of the categories of information that were, or are reasonably believed to have been, accessed or acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, accessed or acquired
In the event that any New York State residents are to be notified, the District will notify the New York State Attorney General, New York State Department of State, and New York State Office of Information Technology Services as to the timing, content, and distribution of the notices and approximate number of affected persons and provide a copy of the template of the notice sent to affected persons. This notice will be made without delaying notice to affected New York State residents.
In the event that more than 5,000 New York State residents are to be notified at one time, the District will also notify consumer reporting agencies as to the timing, content, and distribution of the notices and approximate number of affected persons. This notice will be made without delaying notice to affected New York State residents.
A list of consumer reporting agencies will be compiled by the New York State Attorney General and furnished upon request to any district required to make a notification in accordance with State Technology Law.
State Technology Law Sections 202 and 208
Adopted: 3/23/26
5673 SUBJECT: EMPLOYEE PERSONAL IDENTIFYING INFORMATION
The District will restrict the use and access to employee personal identifying information. As defined in law, “personal identifying information” includes social security number, home address or telephone number, personal electronic mail address, Internet identification name or password, parent’s surname prior to marriage, or driver’s license number.
The District will not unless otherwise required by law:
- Publicly post or display an employee’s social security number;
- Visibly print a social security number on any identification badge or card, including any time card;
- Place a social security number in files with unrestricted access; or
- Communicate an employee’s personal identifying information to the general public.
A social security number will not be used as an identification number for purposes of any occupational licensing.
District staff will have access to this policy, informing them of their rights and responsibilities in accordance with Labor Law Section 203-d. District procedures for safeguarding employee “personal identifying information” will be evaluated; and employees who have access to this information as part of their job responsibilities will be advised as to the restrictions on release of this information in accordance with law.
Labor Law Section 203-d
Adopted: 3/23/26
5674 SUBJECT: DATA NETWORKS AND SECURITY ACCESS
he District values the protection of private information of individuals in accordance with applicable law, regulations, and best practice. Accordingly, district officials and information technology (IT) staff will plan, implement, and monitor IT security mechanisms, procedures, and technologies necessary to prevent improper or illegal disclosure, modification, or denial of sensitive information in the district computer system (DCS). Similarly, IT mechanisms and procedures will also be implemented in order to safeguard district technology resources, including computer hardware and software. District network administrators may review district computers to maintain system integrity and to ensure that individuals are using the system responsibly. Users should not expect that anything stored on school computers or networks will be private.
In order to achieve the objectives of this policy, the Board entrusts the Superintendent or designee to:
- Inventory and classify personal, private, and sensitive information on the DCS to protect the confidentiality, integrity, and availability of information;
- Develop password standards for all users including, but not limited to, how to create passwords and how often passwords should be changed by users to ensure security of the DCS;
- Ensure that the “audit trail” function is enabled within the District’s network operating system, which will allow the District to determine on a constant basis who is accessing the DCS, and establish procedures for periodically reviewing audit trails;
- Develop procedures to control physical access to computer facilities, data rooms, systems, networks, and data to only authorized individuals; these procedures may include ensuring that server rooms remain locked at all times and the recording of arrival and departure dates and times of employees and visitors to and from the server room;
- Establish procedures for tagging new purchases as they occur, relocating assets, updating the inventory list, performing periodic physical inventories, and investigating any differences in an effort to prevent unauthorized and/or malicious access to these assets;
- Periodically grant, change, and terminate user access rights to the overall networked computer system and to specific software applications and ensure that users are given access based on, and necessary for, their job duties;
- Limit user access to the vendor master file, which contains a list of vendors from which district employees are permitted to purchase goods and services, to only the individual who is responsible for making changes to this list, and ensure that all former employees’ access rights to the vendor master list are promptly removed;
- Determine how, and to whom, remote access should be granted, obtain written agreements with remote access users to establish the District’s needs and expectations, as appropriate, and monitor and control remote access;
- Verify that laptop computer systems assigned to teachers and administrators use full-disk encryption software to protect against loss of sensitive data;
- Deploy software to servers and workstations to identify and eradicate malicious software attacks such as viruses and malware;
- Develop a disaster recovery plan appropriate for the size and complexity of district IT operations to ensure continuous critical IT services in the event of any sudden, catastrophic event, including, but not limited to fire, computer virus, or deliberate or inadvertent employee action.
Adopted: 3/23/26
5685 SUBJECT: MAXIMUM TEMPERATURE FOR SCHOOL BUILDINGS AND INDOOR FACILITIES
The District is responsible for addressing the health, safety, and comfort of students and staff on extreme heat conditions days.
For purposes of this policy, the following definitions apply:
- Extreme heat condition days means days when occupiable educational and support services spaces are 82 degrees Fahrenheit or higher.
- Room temperature means the temperature measured at a shaded location, three feet above the floor near the center of the room.
- Support services spaces do not include kitchen areas used in the preparation of food for consumption by students.
Implementation Plan When the Temperature Reaches Eighty-Two Degrees Fahrenheit
The District is required to take action to relieve heat-related discomfort when the occupiable educational and support services spaces temperatures reach 82 degrees Fahrenheit. These actions may include, but are not limited to:
- Turning off the overhead lights;
- Pulling down shades or blinds;
- Turning on fans;
- Opening classroom doors and windows to increase circulation, if permitted;
- Turning off unused electronics that produce heat; and
- Providing water breaks.
Air conditioners, where available, may also be used to keep room temperatures from reaching 82 degrees Fahrenheit. The District may take the actions above earlier in the day or before school starts in an effort to keep the room temperature below 82 degrees Fahrenheit. This does not prohibit using air conditioning in response to a student’s Individualized Education Plan, Section 504 Plan, or in response to a documented student medical need.
Implementation Plan When the Temperature Reaches Eighty-Eight Degrees Fahrenheit
The District will remove students and staff from educational and support services spaces when the room temperature reaches 88 degrees Fahrenheit. The Superintendent or designee will direct building principals to evacuate the space by:
- Moving students and staff to cooler spaces within the school building(s); or
- Closing school early and sending students and staff home according to the District’s emergency school closing policy and/or procedure which include communicating with parents and persons in parental relation.
The Board will consider the anticipated number of extreme heat condition days when adopting or adjusting the District’s school calendar. The District will also be mindful of collective bargaining agreements.
Education Law Section 409-n
Adopted: 3/23/26
5690 SUBJECT: EXPOSURE CONTROL PROGRAM
The District will establish an exposure control program designed to prevent and control exposure to bloodborne pathogens. According to the New York State Department of Labor’s Division of Safety and Health and Occupational Safety and Health Administration (OSHA) standards, the program will consist of:
- Guidelines for maintaining a safe, healthy school environment to be followed by staff;
- Written standard operating procedures for blood or body fluid clean-up;
- Appropriate staff education and training;
- Evaluation of training objectives;
- Documentation of training and any incident of exposure to blood or body fluids;
- A program of medical management to prevent or reduce the risk of pathogens, specifically hepatitis B and Human Immunodeficiency Virus (HIV);
- Written procedures for the disposal of medical waste; and
- Provision of protective materials and equipment for all employees who perform job-related tasks involving exposure or potential exposure to blood, body fluids, or tissues.
29 CFR Section 1910.1030
Adopted: 3/23/26
6000 PERSONNEL
PERSONNEL
- 1.1 Code of Ethics for Board Members and All District Personnel – #6110
- 1.2 Equal Employment Opportunity – #6120
- 1.2.1 Sexual Harassment in the Workplace – #6121
- 1.2.2 Employee Grievances – #6122
- 1.4 Employee Medical Examinations – #6140
- 1.5 Alcohol, Tobacco, Drugs, and Other Substances (Staff) – #6150
- 1.5.1 Drug-Free Workplace – #6151
- 1.6 Professional Growth/Staff Development – #6160
- 1.6.1 Conference/Travel Expense Reimbursement – #6161
- 1.9 Workplace Violence Prevention Policy Statement – #6190
CERTIFIED PERSONNEL
- 2.1 Certified Personnel
- 2.1.2 Certification and Qualifications – #6212
SUPPORT STAFF
- 3.1 Appointment – Support Staff – #6310
ACTIVITIES
- 4.1 Staff Acceptable Use Policy – #6410
- 4.1.1 Use of Email in the District – #6411
- 4.2 Employee Personnel Records and Release of Information – #6420
- 4.3 Employee Political Activities – #6430
- 4.5 Theft of Services or Property – #6450
COMPENSATION AND RELATED BENEFITS
- 5.4 Defense and Indemnification of Board Members and Employees – #6540
- 5.5 Leaves of Absence – #6550
- 5.5.2 Military Leaves of Absence – #6552
- 5.6 Determination of Employment Status: Employee or Independent Contractor – #6560
- 5.6.2 Employment of Retired Persons – #6562
6110 SUBJECT: CODE OF ETHICS FOR BOARD MEMBERS AND ALL DISTRICT PERSONNEL
General Provisions
Officers and employees of the District hold their positions to serve and benefit the public, and not to obtain unwarranted personal or private gain in the exercise of their official powers and duties. The Board recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct.
The provisions of this policy are intended to supplement Article 18 of the General Municipal Law and any other law relating to ethical conduct of district officers and employees, and should not be construed to conflict with those authorities.
Standards of Conduct
The following rules and standards of conduct apply to all officers, including board members, and employees of the District.
Gifts
No person may directly or indirectly solicit, accept, or receive any gift having a value of $25 or more under circumstances in which it could reasonably be inferred that the gift was intended or expected to influence the individual in the performance of his or her official duties or was intended as a reward for any official action on the part of the individual. This prohibition applies to any gift, including money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form.
Confidential Information
No person may disclose confidential information acquired by him or her in the course of his or her official duties or use this information to further his or her personal interests.
Conflicts of Interest
Except as permitted by law, no person may have an interest in any contract with the District when he or she, individually, or as a member of the Board, has the power or duty to: negotiate, prepare, authorize, or approve the contract or authorize or approve payment under the contract; audit bills or claims under the contract; or appoint an officer or employee who has any of these powers or duties.
Likewise, unless permitted by law, no chief fiscal officer, treasurer, or his or her deputy or employee, may have an interest in a bank or trust company designated as a depository, paying agent, registration agent, or for investment of funds of the District.
No employee, officer, or agent will participate in selecting, awarding, or administering a contract supported by a federal award if he or she has a real or apparent conflict of interest. These conflicts could arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of these parties has a financial or other interest in or a tangible personal interest benefit from a firm considered for a contract. Employees, officers, and agents will not solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The District may, however, set standards for situations where the financial interest is not substantial or the gift is an unsolicited item of nominal value.
“Interest,” as used in this policy, means a direct or indirect pecuniary or material benefit accruing to a district officer or employee as the result of a contract with the District. A district officer or employee will be considered to have an interest in the contract of: his or her spouse, minor children and dependents, except a contract of employment with the District; a firm, partnership or association of which he or she is a member or employee; a corporation of which he or she is an officer, director or employee; and a corporation any stock of which is owned or controlled directly or indirectly by him or her.
The provisions of the preceding four paragraphs should not be construed to preclude the payment of lawful compensation and necessary expenses of any district officer or employee in one or more positions of public employment, not prohibited by law.
Representing Others in Matters Before the District
No person may receive, or enter into any agreement, express or implied, for compensation for services rendered in relation to any matter before the District. Likewise, no one may receive, or enter into any agreement, express or implied, for compensation for services rendered in relation to any matter before the District, where the individual’s compensation is contingent upon any action by the District with respect to the matter.
Disclosure of Interest in Contracts and Resolutions
Any district officer or employee who has, will have, or later acquires an interest in or whose spouse has, will have or later acquires an interest in any actual or proposed contract, purchase agreement, lease agreement, or other agreement, including oral agreements, with the District must publicly disclose the nature and extent of that interest in writing. The disclosure must be made when the officer or employee first acquires knowledge of the actual or prospective interest, and must be filed with the person’s immediate supervisor and the Board. Any written disclosure will be made part of and included in the official minutes of the relevant board meeting.
Investments in Conflict with Official Duties
No person may invest or hold any investment directly or indirectly in any financial, business, commercial, or other private transaction, that creates a conflict with his or her official duties, or that would otherwise impair his or her independence of judgment in the exercise or performance of his or her official powers or duties.
Private Employment
No person may engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.
Future Employment
No person may, after the termination of service or employment with the District, appear before the District on behalf of his or her employer in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment with the District or which was under his or her active consideration while he or she was with the District.
Notice of Code of Ethics and General Municipal Law Sections 800-809
The Superintendent will ensure that a copy of this code of ethics is distributed to every district officer and employee, and that a copy of General Municipal Law Sections 800-809 is posted conspicuously in each district building. The failure to distribute this code of ethics or to post General Municipal Law Sections 800-809 will have no effect on either the duty of district officers and employees to comply with their provisions, or the ability of the District or other relevant authorities to enforce them.
Penalties
Any person who knowingly or intentionally violates any of the provisions of this policy may be fined, suspended, removed from office or employment, or subject to additional or other penalties as provided by law.
Education Law Section 410
General Municipal Law Article 18 and Sections 800-809
2 CFR Section 200.318(c)(1)
Adopted: 3/23/26
6120 SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY
Overview
The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses employment discrimination. It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free work environment.
Consistent with this commitment and in accordance with law and regulation, the District is an equal opportunity employer that does not discriminate against any employee or applicant for employment in its programs and activities on the basis of any legally protected class or category including, but not limited to: age; race; creed; religion; color; national origin; sexual orientation; gender identity or expression; military status; sex; disability; predisposing genetic characteristics; familial status; marital status; status as a victim of domestic violence; and criminal arrest or conviction record.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of employment discrimination. The District will promptly respond to reports of employment discrimination, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.
Inquiries about this policy may be directed to the District’s Civil Rights Compliance Officer(s) (CRCO(s)).
Reporting Allegations of Employment Discrimination
Any person may report employment discrimination regardless of whether they are the alleged victim or not. Reports of employment discrimination may be made orally or in writing to the District’s CRCO or any other district employee including, but not limited to, a supervisor or building principal.
All district employees who witness or receive an oral or written report of employment discrimination must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Additionally, district employees must comply with reporting requirements in any other applicable district policy or document. Applicable policies or documents may include: Policy #3420 — Non-Discrimination and Anti-Harassment in the District.
Grievance Process for Complaints of Employment Discrimination
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of employment discrimination and will promptly take appropriate action to protect individuals from further discrimination.
Various district policies and documents address employment discrimination. These policies and documents may include: Policy #3420 — Non-Discrimination and Anti-Harassment in the District. All complaints will be handled in accordance with the applicable district policies and/or documents.
The determination as to which district policies and/or documents are applicable is fact specific, and the CRCO may work with other district staff to determine which district policies and/or documents are applicable to the specific facts of the complaint.
If an investigation reveals that employment discrimination has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable law and regulation, as well as any applicable district policy, regulation, procedure, third-party contract, or other document such as the District’s Code of Conduct.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of employment discrimination.
Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Where appropriate, follow-up inquiries will be made to ensure that the discrimination has not resumed and that those involved in the investigation have not suffered retaliation.
8 USC Section 1324b
29 USC Section 206
42 USC Section 1981
Age Discrimination in Employment Act of 1967 (ADEA), 29 USC Section 621 et seq.
Americans with Disabilities Act (ADA), 42 USC Section 12101 et seq.
Genetic Information Non-Discrimination Act (GINA), 42 USC Section 2000ff et seq.
National Labor Relations Act (NLRA), 29 USC Section 151 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 790 et seq.
Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d et seq.
Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e et seq.
Title IX of the Education Amendments Act of 1972, 20 USC Section 1681 et seq.
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 USC Section 4301 et seq.
28 CFR Part 35
29 CFR Chapter I – National Labor Relations Board
29 CFR Chapter XIV – Equal Employment Opportunity Commission
34 CFR Parts 100, 104, and 106
45 CFR Part 86
Civil Rights Law Sections 40, 40-a, 40-c, 47-a, 47-b, and 48-a
Civil Service Law Sections 75-b and 115
Correction Law Section 752
Labor Law Sections 194-a, 201-d, 201-g, 203-e, 206-c, and 215
New York State Human Rights Law, Executive Law Section 290 et seq.
Military Law Sections 242, 243, and 318
9 NYCRR Section 466 et seq.
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District
#3421 — Title IX and Sex Discrimination
#6121 — Sexual Harassment in the Workplace
#6122 — Employee Grievances
Adopted: 3/23/26
6121 SUBJECT: SEXUAL HARASSMENT IN THE WORKPLACE
Overview
The District is committed to creating and maintaining an environment which is free from harassment and discrimination. This policy addresses sexual harassment and gender discrimination in the workplace. It is intended to inform covered individuals of: their right to work in an environment that is free from sexual harassment and discrimination; what sexual harassment and discrimination look like; how they can prevent and report sexual harassment and discrimination; how they are protected from retaliation after taking action; and the general process for investigating a claim of sexual harassment and discrimination that falls under this policy. This policy is just one component of the District’s overall commitment to maintaining a harassment and discrimination-free work environment.
Under New York State Human Rights Law (NYSHRL), it is illegal for an employer to discriminate based on age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, status as a victim of domestic violence, or criminal history. These different identities impact an individual’s perception and understanding of the world. For example, an individual’s race, ability, or immigration status may impact their experience with gender discrimination in the workplace. While this policy is focused on sexual harassment and gender discrimination, the process for reporting and investigating discrimination based on other protected classes is generally the same. However, the exact process may vary depending on a number of factors including, but not limited to, who is involved. Other district policies and documents such as regulations, procedures, and the District’s Code of Conduct detail the specific process for reporting and investigating discrimination based on other protected identities.
Sexual harassment is a form of workplace discrimination that subjects individuals to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but the District recognizes that discrimination can be related to or affected by other identities beyond gender.
Discrimination of any kind, including sexual harassment, is unlawful, a violation of district policy, and may subject the District to liability for the harm experienced by targets of discrimination. All individuals are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace.
Harassers may also be individually subject to liability and supervisors who fail to report or act on harassment may be liable for aiding and abetting sexual harassment and discrimination. Employees at every level who engage in harassment or discrimination, including supervisory personnel who engage in harassment or discrimination or who allow such behavior to continue, will be subject to remedial and/or disciplinary action by the District.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of sexual harassment in the workplace. The District will promptly respond to reports of sexual harassment in the workplace, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.
Inquiries about this policy may be directed to the District’s Civil Rights Compliance Officer(s) (CRCO(s)) and/or Title IX Coordinator(s)
Scope and Application
This policy applies to all instances of sexual harassment and gender discrimination perpetrated against a “covered individual” by anyone in the workplace, including a co-worker, supervisor, or third-party such as a non-employee, paid or unpaid intern, vendor, building security, visitor, volunteer, parent, or student. For purposes of this policy, a “covered individual” includes:
- Employees;
- Applicants for employment;
- Paid or unpaid interns; and
- Non-employees, which include anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace. These non-employees include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are non-employees providing equipment repair, cleaning services, or any other service through a contract with the District.
Other district policies and documents such as regulations, procedures, and the District’s Code of Conduct may address misconduct related to sexual harassment and may provide for additional, different, or more specific grievance procedures depending on a number of factors including, but not limited to, who is involved and where the alleged sexual harassment occurred. These documents must be read in conjunction with this policy.
The dismissal of a complaint under one policy or document does not preclude action under another related district policy or document.
What Constitutes Sexual Harassment
Sexual harassment is a form of gender-based discrimination that is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination including gender role stereotyping and treating individuals differently because of their gender.
Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression, and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual’s gender identity is a necessary first step in establishing a safe workplace.
Under NYSHRL, sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, NYSHRL specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which a covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of district policy. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts.
Sexual harassment includes any unwelcome conduct which is either directed at an individual because of that individual’s gender identity or expression (perceived or actual), or is of a sexual nature when:
- The purpose or effect of this behavior unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment. The impacted individual does not need to be the intended target of the sexual harassment;
- Employment depends implicitly or explicitly on accepting such unwelcome behavior; or
- Decisions regarding an individual’s employment are based on an individual’s acceptance to or rejection of the behavior. These decisions can include what shifts and how many hours an employee might work, project assignments, as well as salary and promotion decisions.
There are two main types of sexual harassment:
- Hostile work environment which includes, but is not limited to, words, signs, jokes, pranks, intimidation, or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex, gender identity, or gender expression. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory, or discriminatory statements which an employee finds offensive or objectionable, causes an employee discomfort or humiliation, or interferes with the employee’s job performance.
- Quid pro quo harassment which occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions, or privileges of employment.
Any covered individual who feels harassed is encouraged to report the behavior so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be discrimination and is covered by this policy.
Examples of Sexual Harassment
The following describes some actions that may constitute unlawful sexual harassment and that are strictly prohibited. This list is just a sample of behaviors and should not be considered exhaustive. Any covered individual who believes they have experienced sexual harassment, even if it does not appear on this list, should feel encouraged to report it:
- Physical acts of a sexual nature, such as:
- Touching, pinching, patting, kissing, hugging, grabbing, brushing against another individual’s body, or poking another individual’s body; or
- Rape, sexual battery, molestation, or attempts to commit these assaults, which may be considered criminal conduct outside the scope of this policy.
- Unwanted sexual comments, advances, or propositions, such as:
- Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion, or other job benefits;
- Subtle or obvious pressure for unwelcome sexual activities; or
- Repeated requests for dates or romantic gestures, including gift-giving.
- Sexually oriented gestures, noises, remarks or jokes, or questions and comments about a person’s sexuality, sexual experience, or romantic history which create a hostile work environment. This is not limited to interactions in person. Remarks made over virtual platforms and in messaging apps when employees are working remotely can create a similarly hostile work environment.
- Sex stereotyping, which occurs when someone’s conduct or personality traits are judged based on other people’s ideas or perceptions about how individuals of a particular sex should act or look:
- Remarks regarding an employee’s gender expression, such as wearing a garment typically associated with a different gender identity; or
- Asking employees to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.
- Sexual or discriminatory displays or publications anywhere in the workplace, such as:
- Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace;
- This also extends to the virtual or remote workspace and can include having such materials visible in the background of one’s home during a virtual meeting.
- Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, or gender expression, such as:
- Interfering with, destroying, or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
- Sabotaging an individual’s work;
- Bullying, yelling, or name-calling;
- Intentional misuse of an individual’s preferred pronouns; or
- Creating different expectations for individuals based on their perceived identities:
- Dress codes that place more emphasis on women’s attire;
- Leaving parents/caregivers out of meetings
Who Can be a Target of Sexual Harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. Harassment does not have to be between members of the opposite sex or gender. This policy applies to all instances of sexual harassment perpetrated against a “covered individual” by anyone in the workplace, including a co-worker, supervisor, or third-party such as a non-employee, paid or unpaid intern, vendor, building security, visitor, volunteer, parent, or student.
Sexual harassment does not happen in a vacuum and discrimination experienced by an individual can be impacted by biases and identities beyond an individual’s gender. For example:
- Placing different demands or expectations on black women employees than white women employees can be both racial and gender discrimination;
- An individual’s immigration status may lead to perceptions of vulnerability and increased concerns around illegal retaliation for reporting sexual harassment; or
- Past experiences as a survivor of domestic or sexual violence may lead an individual to feel re-traumatized by someone’s behaviors in the workplace.
Individuals bring personal history with them to the workplace that might impact how they interact with certain behavior. It is especially important for all employees to be aware of how words or actions might impact someone with a different experience than their own in the interest of creating a safe and equitable workplace.
Where Can Sexual Harassment Occur?
Unlawful sexual harassment is not limited to the physical workplace itself. Sexual harassment can occur on school property and at school functions which, for purposes of this policy, means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state. It can occur while covered individuals are traveling for district business or at district or industry-sponsored events or parties. Calls, texts, emails, and social media usage by covered individuals can constitute unlawful workplace harassment, even if they occur away from school property, on personal devices, or during non-work hours. Accordingly, conduct or incidents of sexual harassment that create or foreseeably create a disruption within the District may be subject to this policy in certain circumstances.
Sexual harassment can occur when covered individuals are working remotely. Any behaviors outlined above that leave a covered individual feeling uncomfortable, humiliated, or unable to meet their job requirements constitute harassment even if the covered individual is working remotely when the harassment occurs. Harassment can happen on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
Retaliation is unlawful and is any action by an employer or supervisor that punishes an individual upon learning of a harassment claim, that seeks to discourage a covered individual from making a formal complaint or supporting a sexual harassment or discrimination claim, or that punishes those who have come forward. Adverse actions need not be job-related or occur in the workplace to constitute unlawful retaliation. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy.
Examples of retaliation may include, but are not limited to:
- Demotion, termination, denying accommodations, reduced hours, or the assignment of less desirable shifts;
- Publicly releasing personnel files;
- Refusing to provide a reference or providing an unwarranted negative reference;
- Labeling an employee as “difficult” and excluding them from projects to avoid “drama”;
- Undermining an individual’s immigration status; or
- Reducing work responsibilities, passing over for a promotion, or moving an individual’s desk to a less desirable office location.
Retaliation is unlawful under federal, state, and (where applicable) local law. The NYSHRL protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:
- Made a complaint of sexual harassment or discrimination, either internally or with any government agency;
- Testified or assisted in a proceeding involving sexual harassment or discrimination under the NYSHRL or any other anti-discrimination law;
- Opposed sexual harassment or discrimination by making a verbal or informal complaint, or by simply informing a supervisor, other administrator, or the CRCO of suspected harassment;
- Reported that a covered individual has been sexually harassed or discriminated against; or
- Encouraged a covered individual to report harassment.
The District prohibits all retaliation. Any individual that reports an incident of sexual harassment or discrimination, provides information, or otherwise assists in any investigation of a sexual harassment or discrimination complaint is protected from retaliation. No one should fear reporting sexual harassment or discrimination if they believe it has occurred. Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of sexual harassment or discrimination.
Any district employee who retaliates against anyone involved in a sexual harassment or discrimination investigation will face disciplinary action, up to and including termination. All covered individuals who believe they have been subject to retaliation should inform a supervisor, other administrator, or the CRCO.
All employees and covered individuals who believe they have been a target of retaliation may also seek relief from government agencies, as explained in this policy.
Reporting Allegations of Sexual Harassment
Anyone who experiences, witnesses, or becomes aware of potential instances of sexual harassment is encouraged to report the behavior to a supervisor, other administrator, or the CRCO. Covered individuals should not feel discouraged from reporting harassment because they do not believe it is bad enough or conversely because they do not want to see someone fired over less severe behavior. Just as harassment can happen in different degrees, potential discipline for engaging in sexual harassment will depend on the degree of harassment and could include education counseling, suspension, or termination.
Reports of sexual harassment may be made verbally or in writing. A written complaint form is posted on the District’s website if a covered individual would like to use it, but the complaint form is not required. Individuals who are reporting sexual harassment on behalf of another individual may use the complaint form and note that it is being submitted on another individual’s behalf. A verbal or otherwise written complaint (such as an email) on behalf of oneself or another individual is also acceptable.
Reports may be made to a CRCO in person, by using the contact information for a CRCO, or by any other means that results in a CRCO receiving the person’s verbal or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for a CRCO.
Reports of sexual harassment may also be made to any other district employee including a supervisor. All reports of discrimination and/or harassment must be immediately forwarded to the CRCO. Reports may also be forwarded to other district employees depending on the allegations.
District employees must comply with reporting requirements in any other applicable district policy or document.
Covered individuals who believe they have been a target of sexual harassment may at any time seek assistance in additional available forums, as explained in this policy.
Supervisory Responsibilities
Everyone must work toward preventing sexual harassment, but leadership matters. Supervisors, other administrators, and the CRCOs have a special responsibility to make sure employees feel safe at work and that workplaces are free from harassment and discrimination. All supervisors, and other administrators who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing or discriminatory behavior, or for any reason suspect that sexual harassment or discrimination is occurring, are required to report the suspected sexual harassment to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Supervisors and other administrators should not be passive and wait for a covered individual to make a claim of harassment. If they observe such behavior, they must act.
Supervisors and other administrators can be disciplined if they engage in sexually harassing or discriminatory behavior themselves. Supervisors and other administrators, can also be disciplined for failing to report suspected sexual harassment or allowing sexual harassment to continue after they know about it.
While supervisors and other administrators have a responsibility to report harassment and discrimination, they must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable and re-traumatizing for individuals. Supervisors and other administrators must accommodate the needs of individuals who have experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.
Bystander Intervention
Any individual witnessing harassment as a bystander is encouraged to report it. A supervisor or other administrator that is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.
- A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
- A bystander who feels unsafe interrupting on their own can ask a third-party to help intervene in the harassment;
- A bystander can record or take notes on the harassment incident to benefit a future investigation;
- A bystander might check in with the person who has been harassed after the incident, see how they are feeling and let them know the behavior was not ok; and
- If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.
Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace.
Grievance Process for Complaints of Sexual Harassment in the Workplace
All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt, thorough, equitable, and started and completed as soon as possible. Investigations will be kept confidential to the extent possible. Disclosure may, however, be necessary to complete a thorough investigation of the charges and/or notify law enforcement officials. All individuals involved, including those making a harassment claim, witnesses, and alleged harassers deserve a fair and impartial investigation.
The CRCO will generally oversee the District’s investigation of all complaints of discrimination and/or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.
District employees may be required to cooperate as needed in an investigation of suspected sexual harassment. The District recognizes that participating in a harassment investigation can be uncomfortable and has the potential to retraumatize a covered individual. Individuals receiving claims and leading investigations will handle complaints and questions with sensitivity toward participants.
While the process may vary from case to case, investigations will be done in accordance with the following steps. Upon receipt of a complaint, the CRCO:
- Will conduct a prompt review of the allegations, assess the appropriate scope of the investigation, and take any interim actions (for example, instructing the individual(s) about whom the complaint was made to refrain from communications with the individual(s) who reported the harassment), as appropriate.
If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO. - Will investigate all complaints of sexual harassment regardless of how those complaints are reported and treat all complaints with equal priority. For verbal complaints, the individual will be encouraged to complete, in writing, the complaint form. If the individual reporting prefers not to fill out the complaint form, a complaint form or equivalent documentation based on the verbal reporting will be prepared. The individual reporting the harassment will be provided a copy of the completed complaint form.
- Will take steps to obtain, review, and preserve documents sufficient to assess the allegations, including documents, emails, or phone records that may be relevant to the investigation. The CRCO will consider and implement appropriate document request, review, and preservation measures, including for electronic communications.
- Will seek to interview all parties involved, including any relevant witnesses. If a student is involved, the District will follow all applicable district policies and procedures regarding questioning students.
- Will create written documentation of the investigation (such as a letter, memo, or email), which contains the following:
- A list of all documents reviewed, along with a detailed summary of relevant documents;
- A list of names of those interviewed, along with a detailed summary of their statements;
- A timeline of events;
- A summary of any prior relevant incidents disclosed in the investigation, reported or unreported; and
- The basis for the decision and final resolution of the complaint, together with any corrective action(s).
- Will keep the written documentation and associated documents in a secure and confidential location.
- Will promptly notify the individual(s) who reported the harassment and the individual(s) about whom the complaint was made that the investigation has been completed and implement any corrective actions identified in the written document. Any corrective action taken will be in accordance with applicable law and regulation, as well as any applicable district policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District’s Code of Conduct.
- Will inform the individual(s) who reported the harassment of the right to file a complaint or charge externally as outlined in this policy.
Other district policies and documents address sexual harassment. All complaints will be handled in accordance with the applicable district policies and/or documents.
The determination as to which district policies and/or documents are applicable is fact specific, and the CRCO may work with other district staff such as the District’s Title IX Coordinator(s) to determine which district policies and/or documents are applicable to the specific facts of the complaint.
Annual Training
The District will provide a sexual harassment prevention training program to all employees on an annual basis. The training will be interactive and will include:
- An explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights;
- Examples of conduct that would constitute unlawful sexual harassment;
- Information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment;
- Information concerning employees’ rights of redress and all available forums for adjudicating complaints; and
- Information addressing conduct by supervisors and any additional responsibilities for such supervisors
Notification
The District will provide this policy to all employees in-person or digitally through email upon hiring and will be posted prominently in all work locations. In addition to sending the policy through email, this policy will also be available on the District’s website.
At the time of hiring and at every annual sexual harassment prevention training program, the District will provide each employee a notice containing this policy and the information presented at the District’s sexual harassment prevention training program.
This notice will be provided in English and in the language identified by the employee as their primary language, provided that the New York State Department of Labor Commissioner has published a template of the model materials in that language.
The notice will be delivered in writing, either in print or digitally. The notice will either link to or include, as an attachment or printed copy, the policy and training materials.
Legal Protections and External Remedies
Sexual harassment is not only prohibited by the District, but it is also prohibited by state, federal, and, where applicable, local law.
The District’s internal process outlined in the policy above is one way for covered individuals to report sexual harassment. Covered individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, covered individuals may also seek the legal advice of an attorney.
In addition to those outlined below, individuals may have other legal protections.
New York State Division of Human Rights (NYSDHR)
The NYSHRL, NY Executive Law, Art. 15, Section 290 et seq., applies to all employers in New York State and protects covered individuals, regardless of immigration status. A complaint alleging violation of the NYSHRL may be filed either with the NYSDHR or in New York State Supreme Court.
Complaints of sexual harassment filed with NYSDHR may be submitted any time within three years of the harassment. If an individual does not file a complaint with NYSDHR, they can bring a lawsuit directly in state court under the NYSHRL, within three years of the alleged sexual harassment. An individual may not file with NYSDHR if they have already filed a NYSHRL complaint in state court.
Complaining internally to the District does not extend the time to file with NYSDHR or in court. The three years are counted from the date of the most recent incident of harassment.
Individuals do not need an attorney to file a complaint with NYSDHR, and there is no cost to file with NYSDHR.
NYSDHR will investigate the complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, NYSDHR has the power to award relief. Relief varies, but it may include requiring the employer to take action to stop the harassment, or repair the damage caused by the harassment, including paying of monetary damages, punitive damages, attorney’s fees, and civil fines.
NYSDHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. Individuals may call (718) 741-8400 or visit: www.dhr.ny.gov.
Go to dhr.ny.gov/ complaint for more information about filing a complaint with NYSDHR. The website has a digital complaint process that can be completed on a computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to NYSDHR. The website also contains contact information for NYSDHR’s regional offices across New York State.
Call the NYSDHR sexual harassment hotline at 1-800-HARASS-3 (1-800-427-2773) for more information about filing a sexual harassment complaint. This hotline can also provide a referral to a volunteer attorney experienced in sexual harassment matters who can provide limited free assistance and counsel over the phone.
The United States Equal Employment Opportunity Commission
The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act, 42 USC Section 2000e et seq. An individual can file a complaint with the EEOC anytime within 300 calendar days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred but does not file a lawsuit.
Individuals may obtain relief in mediation, settlement, or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.
An individual alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov, or via email at info@eeoc.gov. To file a complaint with the United States Equal Employment Opportunity Commission, please visit https://www.eeoc.gov/filing-charge-discrimination.
If an individual filed an administrative complaint with the NYSDHR, then NYSDHR will automatically file the complaint with the EEOC to preserve the right to proceed in federal court.
Title IX
Title IX of the Education Amendments Act of 1972 prohibits discrimination on the basis of sex in education programs and activities that receive federal financial assistance. The United States Department of Education’s Office for Civil Rights (OCR) enforces Title IX of the Education Amendments Act of 1972.
For more information about how to file a complaint, contact OCR at 800-421-3481 (TDD 800-877-8339) or visit: https://www2.ed.gov/about/offices/list/ocr/docs/howto.html. The website contains information about filing the complaint online, by mail, or by email.
Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city, or town in which they live to find out if a law exists.
Contact the Local Police Department
If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Those wishing to pursue criminal charges are encouraged to contact their local police department.
Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e et seq.
Title IX of the Education Amendments Act of 1972, 20 USC Section 1681 et seq.
29 CFR Section 1604.11(a)
34 CFR Subtitle B, Chapter I
Civil Service Law Section 75-b
New York State Human Rights Law, Executive Law Section 290 et seq.
Labor Law Sections 201-g and 740
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District
3421 — Title IX and Sex Discrimination
6122 — Employee Grievances
Adopted: 3/23/26
6122 SUBJECT: EMPLOYEE GRIEVANCES
In accordance with Article 15-C of the General Municipal Law, all district employees will have the opportunity to present grievances free from interference, coercion, restraint, discrimination, or reprisal. The District will provide at least two procedural stages and an appellate stage for the settlement of any employee grievance.
General Municipal Law Sections 681-685
Adopted: 3/23/26
6140 SUBJECT: EMPLOYEE MEDICAL EXAMINATIONS
Pre-employment Medical Examinations
The District will not require applicants for positions to undergo a medical examination prior to an offer of employment. Further, the District will not make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of a disability. However, the District may make pre-employment inquiries into the ability of an applicant to perform job-related functions.
Examinations During Employment
The Board reserves the right to request a medical examination at any time during employment, at district expense, in order to determine whether an employee can perform the essential functions of the position with or without reasonable accommodation or for other valid employment reasons.
All medical and health-related information will be kept in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Examinations and Inquiries
The District may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. The District may make inquiries into the ability of an employee to perform job-related functions.
The District, however, will not require a medical examination and will not make inquiries as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity.
Americans with Disabilities Act (ADA), 42 USC Section 12101 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 790 et seq.
Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191
28 CFR Sections 41.55 and 42.513
29 CFR Sections 1630.13 and 1630.14
34 CFR Section 104.14
Civil Service Law Section 72
Education Law Sections 913 and 3624
Vehicle and Traffic Law Sections 509-b, 509-d, and 509-g
8 NYCRR Sections 136.3 and 156.3
15 NYCRR Part 6
Adopted: 3/23/26
6150 SUBJECT: ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (STAFF)
Prohibited Conduct
When in the workplace or when the effects of these actions may impair job performance, staff are prohibited from consuming, sharing, selling, using, and/or possessing:
- Illegal drugs;
- Cannabis (marijuana) or any other controlled substance in schedules I through V of the Controlled Substances Act;
- Counterfeit and designer drugs;
- Drug paraphernalia; or
- Alcohol.
Exceptions may exist for authorized medical cannabis use.
Additionally, the misuse and/or unprescribed use of prescription and over-the-counter drugs is prohibited in the workplace or when the effects of these actions may impair job performance.
Further, all staff are bound by the conduct prohibitions contained in District Policy #5640 — Smoking, Tobacco, and Cannabis (Marijuana) Use.
Disciplinary Measures
Staff will be informed of the range of penalties or consequences, up to and including termination of employment, that may be imposed for engaging in prohibited conduct. Penalties and consequences will be in accordance with any applicable law, district policy, and/or other similar document.
Information on Substance Use-Related Service
The Superintendent has designated one or more individuals to provide information regarding where and how to find available substance use-related services to students, parents, and staff.
The designated individual for the District is the Superintendent of Schools.
Any information provided by a student, parent, or staff member to the designated individual(s) will not be used in any school disciplinary proceeding and will, in addition to any other applicable privilege, be considered confidential in accordance with law.
20 USC Sections 6083(a), 7118, and 7973(a)
41 USC Section 8101 et seq.
Cannabis Law Section 127
Civil Service Law Section 75
Education Law Sections 409, 2801, 3020-a, and 3038
Labor Law Section 201-d
Penal Law Section 222.10
Public Health Law Sections 1399-n and 1399-o
NOTE: Refer also to Policies #3410 — Code of Conduct
#5640 — Smoking, Tobacco, and Cannabis (Marijuana) Use
District Code of Conduct
Adopted: 3/23/26
6151 SUBJECT: DRUG-FREE WORKPLACE
In compliance with the Drug-Free Workplace Act of 1988, the District affirms its commitment to maintaining a workplace that is free of controlled substances.
“Controlled substance” means a controlled substance in schedules I through V of the Controlled Substances Act. An acknowledgment form will be signed by the Superintendent indicating that the District is in full compliance with the Drug-Free Workplace Act.
“Workplace” is defined as a school building or other school premises, any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities, off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the District.
The Board directs the administration to develop regulations to comply with this policy, and further supports actions and activities of the administration as required to maintain a drug-free workplace.
21 USC Section 812
41 USC Section 8101 et seq.
21 CFR Sections 1308.11-1308.15
34 CFR Part 84
NOTE: Refer also to Policies #3410 — Code of Conduct
#6150 — Alcohol, Tobacco, Drugs, and Other Substances (Staff)
District Code of Conduct
Adopted: 3/23/26
6160 SUBJECT: PROFESSIONAL GROWTH/STAFF DEVELOPMENT
The District will work to provide staff with professional learning opportunities. These opportunities will be designed to foster the professional growth of staff, and help staff remain current with their profession. Opportunities that may be provided for, include, but are not limited to:
- Planned in-service programs, courses, seminars, and workshops offered both within and outside the District.
- Videoconferences, prerecorded videos, and/or online discussion boards.
- Attendance at professional meetings, for the purpose of improving instruction and/or educational services.
- Orientation or re-orientation of staff members to program and/or organizational changes, as well as district expectations.
Attendance at professional learning programs must be directly related to the duties and responsibilities of the staff member. Consequently, staff members are encouraged to participate in the planning of staff development programs designed to meet their specific needs.
Staff members are also encouraged to continue their formal education, as well as to attend work-related workshops, conferences, and meetings.
Funds for participating in conferences, conventions, and other similar professional learning programs will be budgeted for by the Board on an annual basis. Reimbursement to staff members for all actual and necessary registration fees, expenses of travel, meals and lodging, as well as all necessary tuition fees incurred in connection with attendance at conferences, will be in accordance with district documents which address conference attendance and expense reimbursement.
Education Law Sections 1604, 1608, 1716, 1950, 2118, and 2601-a
General Municipal Law Sections 77-b and 77-c
8 NYCRR Section 100.2(dd)
NOTE: Refer also to Policy #6161 — Conference/Travel Expense Reimbursement
Adopted: 3/23/26
6161 SUBJECT: CONFERENCE/TRAVEL EXPENSE REIMBURSEMENT
Conference travel will be for official business utilizing a cost-effective and reasonable method of travel.
All conference travel must have a completed Travel Conference Request Form on file which has been approved by the appropriate supervisor. The Superintendent or designee must approve those Travel Conference Requests which have reimbursable employee expenses greater than $100. Travel Conference Request Forms are only to be used by district employees.
All conference reimbursement requests must be submitted using a Travel Conference Reimbursement Form.
Expenses for overnight-approved travel will be reimbursed when accompanied by original receipts for lodging and other reimbursable expenses. Meal expenses for overnight travel will only be reimbursed based on the board-approved per diem rates which are modeled after the United States General Services Administration per diem rates.
New York State sales tax cannot generally be reimbursed. Sales tax may, however, be reimbursed when it is an actual and necessary expense. A Sales Tax-Exempt Form can be obtained prior to travel for hotel accommodations.
Original receipts are required when submitting for parking and tolls, however “E-ZPass” statements may be substituted with the appropriate charges highlighted.
General Municipal Law Section 77-b(2)
NOTE: Refer also to Policy #5323 — Reimbursement for Meals/Refreshments
Adopted: 3/23/26
6190 SUBJECT: WORKPLACE VIOLENCE PREVENTION POLICY STATEMENT
Overview
The District is committed to the safety and security of its employees. Workplace violence presents a serious threat to the safety of employees, students, parents, and visitors. The goal of this policy is to promote the safety and well-being of all people in the workplace.
Acts of violence against district employees where any work-related duty is performed will be thoroughly investigated and appropriate action will be taken. All employees are responsible for: creating an environment of mutual respect for each other, as well as students, parents, and visitors; following all applicable documents; and for assisting in maintaining a safe and secure work environment.
This workplace violence prevention policy was developed in consultation with all authorized employee representatives and is designed to meet the requirements of New York State Labor Law and highlights some of the elements that are found within the District’s Workplace Violence Prevention Program (WVPP).
Definitions
For purposes of this policy, the following definitions apply:
- “Authorized employee representative” means an employee authorized by the employees or the designated representative of an employee organization recognized or certified to represent the employees pursuant to Article 14 of the Civil Service Law, the Public Employees’ Fair Employment Act.
- “Imminent danger” means any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the enforcement procedures.
- “Retaliatory action” means the discharge, suspension, demotion, penalization, or discrimination against any employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
- “Serious physical harm” means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ or a sexual offense as defined in Penal Law.
- “Serious violation” means the failure to:
- Develop and implement a Workplace Violence Prevention Program;
- Address situations which could result in serious physical harm.
- “Supervisor” means any person within the District who has the authority to direct and control the work performance of an employee or who has the authority to take corrective action regarding the violation of a law, rule, or regulation to which an employee submits written notice.
- “Workplace” means any location away from an employee’s domicile, permanent or temporary, where an employee performs any work-related duty in the course of their employment by the District.
What is Workplace Violence
Workplace violence is any physical assault or act of aggressive behavior occurring where an employee performs any work-related duty in the course of their employment including, but not limited to:
- An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee;
- Any intentional display of force which would give an employee reason to fear or expect bodily harm;
- Intentional and wrongful physical contact with an employee without their consent that entails some injury;
- Stalking an employee with the intent of causing fear of material harm to the physical safety and health of the employee when the stalking has arisen through and in the course of employment.
Workplace violence may be committed against a district employee by anyone, including, but not limited to:
- Other employees;
- Former employees;
- Students;
- Parents;
- Visitors;
- Individuals who have no connection to the workplace, but enter to commit a robbery or other crime; or
- An individual who has a personal relationship with an employee.
Prohibited Conduct
The District prohibits workplace violence and will not tolerate violence, threats of violence, or intimidating conduct in the workplace.
Workplace Violence Prevention Advisory Committee
The District will establish a workplace violence prevention advisory committee that will meet periodically throughout the year. The purpose of the workplace violence prevention advisory committee is to assist the District in coordinating its efforts to comply with its responsibilities related to workplace violence prevention, including overseeing the development and maintenance of the District’s WVPP.
The workplace violence prevention advisory committee will include:
- The workplace violence prevention coordinator;
- All authorized employee representatives;
- The chief emergency officer.
It may also include one or more representatives from the following groups:
- District-wide school safety team;
- The building-level emergency response team(s);
- District/building administrators;
- Teachers, including at least one special education teacher; and
- Other district staff.
Workplace Violence Prevention Coordinator
The District has designated the following district employee to serve as its workplace violence prevention coordinator:
Stephen Shafer
Superintendent of Schools
315-354-4733
sshafer@fchb.org
The workplace violence prevention coordinator convenes and coordinates the activities and plans of the workplace violence prevention advisory committee. The workplace violence prevention coordinator is also responsible for answering employee questions about this policy and related materials, as well as receiving workplace violence incident reports.
Authorized Employee Representatives
The District must provide for employee participation in the WVPP through an authorized employee representative. Authorized employee representatives will participate on the workplace violence prevention advisory committee. Authorized employee representatives have a right to, at a minimum, be involved in:
- Participating in the development and implementation of this policy.
- Evaluating the physical workplace environment to determine workplace violence risk factors.
- Developing the WVPP.
- Reviewing workplace violence incident reports at least once a year to identify trends in the types of incidents reported, if any.
- Evaluating the effectiveness of safeguards and actions taken to reduce the risk of workplace violence.
- Reporting violations of the District’s WVPP.
Reporting Workplace Violence
The District has established and implemented a reporting system for incidents of workplace violence.
Any employee or authorized employee representative who becomes aware of a physical assault, threatening behavior, or verbal abuse in the workplace must immediately provide written notice of the facts and circumstances of the violent incident to a supervisor or the workplace violence prevention coordinator. If the report was provided to a supervisor, the supervisor must immediately forward to the report the workplace violence prevention coordinator.
If an employee witnesses or is involved in an incident of violence in which there is an immediate threat to the employee’s safety, or the safety of others, or where a serious injury has occurred, the employee should immediately call 911 to obtain law enforcement and/or medical assistance. The employee should also immediately notify their immediate supervisor.
If an employee believes that either they or another employee are in imminent danger of workplace violence and reasonably believes, in good faith, that reporting to a supervisor or the workplace prevention coordinator would not result in corrective action, then the employee may report the violation directly to the Public Employee Safety and Health Bureau (PESH).
The District will immediately respond to all incidents of violence or threatening behavior upon notification. After the District receives notice, the District will be afforded a reasonable opportunity to correct the activity, policy, or practice.
If there is a developing pattern of workplace violence incidents which may involve criminal conduct or serious injury, the District will attempt to develop a protocol with the district attorney or law enforcement to ensure that violent crimes committed against employees in the workplace are promptly investigated and appropriately prosecuted. The District will provide information on these protocols and contact information to employees who choose to file a criminal complaint after a workplace violence incident.
In addition to complying with the reporting requirements in this policy, district employees must comply with all other applicable reporting requirements contained in any district policy, regulation, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.
Inspections by the Commissioner of Labor
At the Request of an Employee or Authorized Employee Representative
If, after being given notice and a reasonable opportunity to resolve the activity, policy, or practice, the matter has not been resolved and the employee or authorized employee representative still believes that a serious violation of the WVPP remains, or that an imminent danger exists, the employee or authorized employee representative may request an inspection by notifying the Commissioner of Labor of the alleged violation or danger. The notice and request will be in writing, describing with reasonable particularity the grounds for the notice, and be signed by the employee or authorized employee representative. A copy of the written notice will be provided by the Commissioner of Labor to the District or the person in charge no later than the time of inspection, except that on the request of the person giving the notice, the person’s name and the names of individual employees or authorized employee representative will be withheld.
A district representative and an authorized employee representative will be given the opportunity to accompany the Commissioner of Labor during an inspection for the purpose of aiding the inspection. Where there is no authorized employee representative, the Commissioner of Labor will consult with a reasonable number of employees concerning matters of safety in the workplace.
The authority of the Commissioner of Labor to inspect a premises pursuant to an employee complaint will not be limited to the alleged violation contained in the complaint. The Commissioner of Labor may inspect any other area of the premises in which they have reason to believe that a serious violation of the workplace violence prevention law exists.
Initiated by the Commissioner of Labor
The Commissioner of Labor may inspect any premises occupied by the District if they have reason to believe that a violation of the workplace violence prevention law has occurred. The current PESH administrative plan will be used for the enforcement of the workplace violence prevention law, including a general schedule of inspection, which provides a rational administrative basis for the inspection.
Workplace Risk Evaluation and Developing a Workplace Violence Prevention Program (WVPP)
The District will engage in a process of workplace risk evaluation designed to identify the risks of workplace violence to which employees could be exposed.
The District will then develop and implement a written WVPP to prevent, minimize, and respond to any workplace violence. The workplace violence advisory committee, which includes all authorized employee representatives, will oversee the development and maintenance of the WVPP. During the development process, the authorized employee representative(s) will provide input on those situations in the workplace that pose a threat of workplace violence.
The WVPP will include the following:
- A list of the risk factors identified in the workplace risk evaluation.
- The methods the District will use to prevent incidents of workplace violence. Examples include, but are not limited to:
- Making high-risk areas more visible to more people;
- Installing good external lighting;
- Using drop safes or other methods to minimize cash on hand;
- Posting signs stating that limited cash is on hand;
- Providing training in conflict resolution and nonviolent self-defense responses; and
- Establishing and implementing reporting systems for incidents of aggressive behavior.
- A hierarchy of controls to which the program will adhere as follows: engineering controls, work practice controls, and personal protective equipment (PPE).
- The methods and means by which the District will address each specific hazard identified in the workplace risk evaluation.
- A system designed and implemented by the District to report any workplace violence incidents that occur in the workplace. The reports must be in writing and maintained for the annual program review.
- A written outline or lesson plan for employee program training.
- A plan for program review and update on at least an annual basis. This review and update will detail any mitigating steps taken in response to any incident of workplace violence.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The District will not take retaliatory action against any employee because the employee exercises any right accorded to them under this policy.
Training
At the time of hire and annually thereafter, all employees will participate in the District’s workplace violence prevention training program. Additionally, retraining is required for all employees any time there is a significant change to the WVPP, a newly identified risk factor, or a control measure addition.
Notification
This policy will be posted where notices to employees are typically posted. A copy of the District’s WVPP may be obtained by contacting the District’s workplace violence prevention coordinator. The District will also make the WVPP available for reference to employees, authorized employee representatives, and the Commissioner of Labor in the work area.
Labor Law Section 27-b
12 NYCRR Section 800.6
NOTE: Refer also to Policies #3410 — Code of Conduct
#3411 — Prohibition of Weapons on School Grounds
#3420 — Non-Discrimination and Anti-Harassment in the District
#3421 — Title IX and Sex Discrimination
#5690 — Exposure Control Program
#6121 — Sexual Harassment in the Workplace
#6122 — Employee Grievances
Adopted: 3/23/26
6212 SUBJECT: CERTIFICATION AND QUALIFICATIONS
The following provisions will govern certification and qualifications of district personnel:
- Each employee whose employment requires certification or other licensure must inform the Superintendent immediately of any change in his or her certification or licensure status. The changes may include the granting, revocation, upgrading, expiration, conversion, and/or extension of documents as to their periods of validity or their titles.
- Online verification of an employment applicant’s certification status will be used in lieu of printed certificates for current and potential employees. The District will also check the TEACH database to ensure that any permanent or professional certificates for new hires remain valid.
- It is the responsibility of the employee to ensure that he or she maintains the appropriate certification and/or licensure required for his or her assignment.
20 USC Section 6312
34 CFR Section 200.61
8 NYCRR Section 80-6.7
Adopted: 3/23/26
6310 SUBJECT: APPOINTMENT – SUPPORT STAFF
The probationary period for all new civil service employees will be for the maximum period established by the local Civil Service Commission.
The time, place, conditions of employment, and transfer of support staff will be vested in the Superintendent who will conduct these actions in compliance with all applicable contract provisions. The duties for each civil service employee will be clearly defined.
Civil Service Law Section 63
Adopted: 3/23/26
6410 SUBJECT: STAFF ACCEPTABLE USE POLICY
The Board will provide staff with access to various computerized information resources through the District’s computer system (DCS) consisting of software, hardware, computer networks, wireless networks/access, and electronic communication systems. This may include access to electronic mail, on-line services, and the Internet. It may also include the opportunity for staff to have independent access to the DCS from their home or other remote locations, and/or to access the DCS from their personal devices. All use of the DCS and the wireless network, including independent use off school premises and use on personal devices, will be subject to this policy and any accompanying regulations.
The Board encourages staff to make use of the DCS to explore educational topics, conduct research, and contact others in the educational world. The Board anticipates that staff access to various computerized information resources will both expedite and enhance the performance of tasks associated with their positions and assignments. To that end, the Board directs the Superintendent or designee(s) to provide staff with training in the proper and effective use of the DCS.
Staff use of the DCS is conditioned upon written agreement by the staff member that use of the DCS will conform to the requirements of this policy and any regulations adopted to ensure acceptable use of the DCS. These agreements will be kept on file in the District Office.
Generally, the same standards of acceptable staff conduct which apply to any aspect of job performance will apply to use of the DCS. Employees are expected to communicate in a professional manner consistent with applicable district policies and regulations governing the behavior of school staff. Electronic mail and telecommunications will not be utilized to share confidential information about students or other employees.
Access to confidential data is a privilege afforded to district employees in the performance of their duties. Safeguarding this data is a district responsibility that the Board takes very seriously. Consequently, district employment does not automatically guarantee the initial or ongoing ability to use mobile or personal devices to access the DCS and the information it may contain.
This policy does not attempt to articulate all required and/or acceptable uses of the DCS; nor is it the intention of this policy to define all inappropriate usage. Administrative regulations will further define general guidelines of appropriate staff conduct and use as well as proscribed behavior.
District staff will also adhere to the laws, policies, and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, and rights of privacy protected by federal and state law.
Staff members who engage in unacceptable use may lose access to the DCS and may be subject to further discipline under the law and in accordance with applicable collective bargaining agreements. Legal action may be initiated against a staff member who willfully, maliciously, or unlawfully damages or destroys property of the District.
Social Media Use by Employees
The District recognizes the value of teacher and professional staff inquiry, investigation and communication using new technology tools to enhance student learning experiences. The District also realizes its obligations to teach and ensure responsible and safe use of these new technologies. Social media, including social networking sites (SNS), have great potential to connect people around the globe and enhance communication. Therefore, the Board encourages the use of district-approved social media tools and the exploration of new and emerging technologies to supplement the range of communication and educational services.
Public social media networks or SNS are defined to include: websites, Web logs (blogs), wikis, social networks, online forums, virtual worlds, video sites, and any other social media generally available to the district community which do not fall within the District’s electronic technology network (e.g., Facebook, MySpace, Twitter, LinkedIn, Flickr, Vine, Instagram, SnapChat, etc.). The definition of district-approved password-protected social media tools are those that fall within the District’s electronic technology network or which the District has approved for educational use. Within these internal forums, the District has greater authority and ability to protect minors from inappropriate content and can limit public access.
The use of social media (whether public or internal) can generally be defined as Official District Use, Professional/Instructional Use and Personal Use. Personal use of social media or SNS by employees during district time or on district-owned equipment is discouraged. In addition, employees are encouraged to maintain the highest levels of professionalism when communicating, whether using district devices or their own personal devices, in their professional capacity as educators. They have a responsibility to address inappropriate behavior or activity on these networks, including requirements for mandated reporting and compliance with all applicable district policies and regulations.
Confidentiality, Private Information and Privacy Rights
Confidential or private data, including, but not limited to, protected student records, employee personal identifying information, and district assessment data, will only be loaded, stored, or transferred to district-owned devices which have encryption and/or password protection. This restriction, designed to ensure data security, encompasses all computers and devices within the DCS, any mobile devices, including flash or key drives, and any devices that access the DCS from remote locations. Staff will not use email to transmit confidential files in order to work at home or another location. Similarly, staff are prohibited from using cloud-based storage services (such as Dropbox, GoogleDrive, SkyDrive, etc.) for confidential files.
In addition, staff will not leave any devices unattended with confidential information visible. All devices must be locked down while the staff member steps away from the device, and settings enabled to freeze and lock after a set period of inactivity.
Staff data files and electronic storage areas will remain district property, subject to district control and inspection. The technology coordinator may access all staff data files and communications without prior notice to ensure system integrity and that users are complying with requirements of this policy and any accompanying regulations. Staff should not expect that information stored on the DCS will be private.
NOTE: Refer also to Policies #5672 — Information Security Breach and Notification
#5674 — Data Networks and Security Access
#6411 — Use of Email in the District
Adopted: 3/23/26
6411 SUBJECT: USE OF EMAIL IN THE DISTRICT
Overview
Email is a valuable tool that allows for quick and efficient communication. However, careless, unacceptable, or illegal use of email may place the District and members of its community at risk. Use of email in the District must be consistent with the District’s educational goals and comply with federal and state laws and regulations, as well as all applicable district policies, regulations, procedures, and other related documents such as the District’s Code of Conduct. This includes, but is not limited to, this policy and the District’s policies on non-discrimination and anti-harassment, protecting the personal information of district employees and students, acceptable use, and record management.
District-related emails are most secure and best managed when district email services are used. Accordingly, the District’s email services should be used for all district-related emails, including emails in which students or student issues are involved. Personal email accounts should not be used to conduct district-related business. Further, district email accounts should not be used as any individual’s primary personal email address.
Scope and Application of Policy
This policy applies to all district employees and any individual assigned a district email address to conduct district-related business (authorized user).
Sending Emails with Personal, Private, and Sensitive Information
Personal, private, and sensitive information (PPSI) is any information to which unauthorized access, disclosure, modification, destruction, use, or disruption of access or use could have or cause a severe impact on critical district functions, employees, students, third parties, or other individuals or entities. For purposes of this policy, PPSI includes, but is not limited to:
- District assessment data;
- Protected student records;
- Information subject to laws protecting personal information such as Family Educational Rights and Privacy Act (FERPA), Individuals with Disabilities Act (IDEA), Health Insurance Portability and Accountability Act (HIPAA);
- Social security numbers;
- Driver’s license or non-driver identification card numbers;
- Credit or debit card numbers;
- Account numbers;
- Passwords; and
- Access codes.
The failure to follow proper security protocols when emailing PPSI increases the risk that unauthorized individuals could access and misuse PPSI.
District employees and authorized users may not send or forward emails that include:
- PPSI without Superintendent authorization. Additional precautions, such as encrypting the email in a district-approved method, should be taken when sending any emails containing PPSI.
- Lists or information about district employees without Superintendent authorization.
- Attachments with file names that may disclose PPSI. Files containing PPSI should be password protected and encrypted. File protection passwords should not be transmitted via email. District employees and authorized users will not use cloud-based storage services (such as Dropbox or OneDrive) to transmit files with PPSI without previous district approval or consulting with the Superintendent.
- Comments or statements about the District that may negatively impact it.
Any questions regarding the District’s protocols for sending emails with PPSI or what information may or may not be emailed should be directed to a supervisor.
Receiving Suspicious Emails
Social engineering attacks are prevalent in email. In a social engineering attack, an attacker uses human interaction (social skills) to obtain confidential or sensitive information.
Phishing attacks are a form of social engineering. Phishing attacks use fake email messages pretending to represent a legitimate person or entity to request information such as names, passwords, and account numbers. They may also deceive an individual into opening a malicious webpage or downloading a file attachment that leads to malware being installed.
Malware is malicious software that is designed to harm computer systems. Malware may be inadvertently installed after an individual opens an email attachment, downloads content from the Internet, or visits an infected website.
Before responding to any emails, clicking on any hyperlinks, or opening any attachments, district employees and authorized users should review emails for indicators of suspicious activity. These indicators include, but are not limited to:
- Attachments that were not expected or make no sense in relation to the email message;
- When the recipient hovers the mouse over a hyperlink that is displayed in the email, the link to the address is for a different website;
- Hyperlinks with misspellings of known websites;
- The sender is not someone with whom the recipient ordinarily communicates;
- The sender’s email address is from a suspicious domain;
- Emails that are unexpected, unusual, or have bad grammar or spelling errors; and
- Emails asking the recipient to click on a link or open an attachment to avoid a negative consequence or to gain something of value.
District employees and authorized users should contact FEH BOCES/NERIC IT staff if they receive a suspicious email.
No Expectation of Privacy
District employees and authorized users should have no expectation of privacy for any email messages they create, receive, or maintain on their district email account. The District has the right to monitor, review, and audit each district employee’s and authorized user’s district email account.
Accessing District Email Services on Personal Devices
In the event a district employee or authorized user loses a personal device that has been used to access the District’s email service, that district employee or authorized user should notify the District’s IT staff so that measures can be taken to secure the email account.
Personal Use
The District’s email services are intended for district-related business only. Incidental or limited personal use of the District’s email services is allowed so long as the use does not interfere with job performance. However, district employees and authorized users should have no expectation of privacy in this email use.
The District’s email services should not be used to conduct job searches, post personal information to bulletin boards, blogs, chat groups, and list services, etc. without authorization from the Superintendent.
It is prohibited to use the District’s email services for:
- Illegal purposes;
- Transmitting threatening, obscene, discriminatory, or harassing materials or messages;
- Personal gain or profit;
- Promoting religious or political causes; and/or
- Sending spam, chain letters, or any other type of unauthorized widespread distribution of unsolicited mail.
Personal email accounts or services (Yahoo, Gmail, etc.) should not be accessed via the district computer system (DCS) without authorization from the Superintendent.
Confidentiality Notice
A standard confidentiality notice will automatically be added to each email as determined by the District.
Training
District employees and authorized users will receive ongoing training related to the use of email in the District. This training may cover topics such as:
- What is expected of users, including the appropriate use of email with students, parents, and other individuals to avoid issues regarding harassment and/or charges of fraternization;
- How to identify suspicious emails, as well as what to do after receipt of a suspicious email;
- Emailing PPSI;
- How to reduce risk to the District;
- Cost of policy non-compliance;
- Permanence of email, including how email is never truly deleted, as the data can reside in many different places and in many different forms; and
- How users should have no expectation of privacy when using the DCS or any district email service.
Notification
The District will provide annual notification of this policy and any corresponding regulations to all district employees and authorized users. The District will then require that all employees and authorized users acknowledge that they have read, understood, and will comply with the policy and regulations.
Records Management and Retention
The same laws and business records requirements apply to email as to other forms of written communication.
Email will be maintained and archived in accordance with Retention and Disposition Schedule for New York Local Government Records (LGS-1) and as outlined in any records management policies, regulations, and/or procedures.
Additionally, emails may be subject to disclosure under the Freedom of Information Law (FOIL), a court action, an audit, or as otherwise required or permitted by law or regulation.
Disciplinary Measures
Failure to comply with this policy and any corresponding regulations or procedures may subject a district employee and authorized user to discipline such as loss of email use, loss of access to the DCS, and/or other disciplinary action up to and including termination. When applicable, law enforcement agencies may be contacted.
The District’s IT staff may report inappropriate use of email by a district employee or authorized user to the district employee or authorized user’s Superintendent who may take appropriate action which may include disciplinary measures.
NOTE: Refer also to Policies #3320 — Confidentiality of Computerized Information
#3420 — Non-Discrimination and Anti-Harassment in the District
#5670 — Records Management
#6410 — Staff Acceptable Use Policy
Adopted: 3/23/26
6420 SUBJECT: EMPLOYEE PERSONNEL RECORDS AND RELEASE OF INFORMATION
Personnel Records
The District will maintain a personnel file for each individual employed by the District. Employees may review or inspect their personnel files in accordance with district procedure or practice.
Release of Personnel Information
The District will take all reasonable steps to protect the privacy of district employees, except as permitted or required by law:
- In accordance with a subpoena or court order, or other applicable law.
- When members of the Board need information from the employee’s personnel record to aid them in performing their legal responsibilities in matters such as appointments, assignments, promotions, demotions, remuneration, discipline, dismissal, or to aid in the development and implementation of personnel policies.
- When the employee grants permission.
Release of Information Concerning Former Employees
The District will not release information concerning the employment records, personnel file, or past performance of a former employee, unless that information is required to be disclosed by law. Only the initial and final dates of employment and the position held will be provided through a written response to a written request. The former employee may authorize the release of any additional information.
Public Officers Law Section 87
8 NYCRR Part 84
NOTE: Refer also to Policy #5673 — Employee Personal Identifying Information
Adopted: 3/23/26
6430 SUBJECT: EMPLOYEE POLITICAL ACTIVITIES
The Board recognizes the right of its employees, as citizens, to engage in political activities and to exercise their constitutionally protected rights to address matters of public concern.
However, a district employee’s constitutional rights to raise matters of public concern are limited when the speech or action occurs on school grounds or during school times. Under these circumstances, the Board can impose reasonable restrictions on the time, place, and manner of the speech or action, and can further regulate the content of the speech when it materially imperils the efficient operation of the school.
NOTE: Refer also to Policy #5560 — Use of Federal Funds for Political Expenditures
Adopted: 3/23/26
6450 SUBJECT: THEFT OF SERVICES OR PROPERTY
The theft of services or property from the District by an employee will result in immediate disciplinary action, up to and including termination, as well as the filing of criminal or civil charges by the District.
Penal Law Section 165.15
Adopted: 3/23/26
6540 SUBJECT: DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND EMPLOYEES
Liability Protection in Accordance with Education Law
The Board recognizes its statutory obligation to indemnify district employees (and in certain circumstances, board members and volunteers) in accordance with the provisions of Education Law. For the purposes of this policy, the term “employee” will be as defined in the applicable statute(s).
The District will not be subject to the duty to defend unless the employee, within the time prescribed by statute, delivers appropriate notice of the claim to the Board.
For purposes of Education Law, the employee must give written notice to the Board within five days after service of process upon him or her and must deliver the original or a copy of the relevant legal documents to the Board within ten days after service of process upon him or her.
The District will provide legal defense and/or indemnification for all damages, costs, and reasonable expenses incurred in the defense of an action or proceeding if authorized by statute and provided that the alleged action or omission which occurred or allegedly occurred is covered by the appropriate statute(s). Furthermore, the District will not be required to provide indemnification protection and/or legal defense unless the employee was, at the time of the alleged incident, acting in the discharge of his or her duties within the scope of his or her employment or authorized volunteer duties and/or under the direction of the Board.
Public Officers Law Section 18
The Board hereby also confers the benefits of New York State Public Officers Law Section 18 upon the “employees” of the District, as defined in Public Officers Law Section 18; the District assumes the liability for the costs incurred in accordance with the provisions of Public Officers Law Section 18. The benefits accorded to district employees under Public Officers Law Section 18 will supplement and be available in addition to defense or indemnification protection conferred by other enactment or provisions of law.
The term “employees” includes members of the Board, the Superintendent, district officers, district employees, volunteers expressly authorized to participate in a district-sponsored volunteer program, or any other person holding a position by election, appointment, or employment in the service of the District, whether or not compensated. The term “employee” also includes a former employee, their estate or judicially appointed representative.
The District will provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his or her public employment or duties. Furthermore, the District will indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which the judgment or claim arose occurred while the employee was acting within the scope of his or her public employment or duties. However, in the case of a settlement, the duty to indemnify and save harmless will be conditioned upon the approval of the amount of the settlement by the Board.
The duty to defend and/or indemnify and save harmless will be conditioned upon the delivery by the employee to the school attorney or to the Superintendent a written request to provide for his or her defense, together with the original or a copy of any summons, complaint, process, notice, demand, or pleading within ten days after he or she is served with that document. The full cooperation of the employee in the defense of the action or proceeding and in the defense of any action or proceeding against the District based upon the same act or omission, and in the prosecution of any appeal, will also be required as a condition for the District’s duty to defend and/or indemnify and save harmless to exist.
Exceptions to Liability Coverage
Indemnification coverage and/or provision of legal defense by the District will not apply unless the actionable claim is of the type covered by the statute(s) and/or is not otherwise exempt from coverage in accordance with law. Additionally, indemnification coverage and/or the duty to provide a defense will not arise where the action or proceeding is brought by or on behalf of the District.
Paul D. Coverdell Teacher Protection Act of 2001, as reauthorized by the Every Student Succeeds Act (ESSA)
of 2015, 20 USC Section 6731 et seq.
Education Law Sections 1604(25), 1604(31-b), 1709(26), 1709(34-b), 2560, 3023, 3028, and 3811
General Municipal Law Sections 6-n and 52
Public Officers Law Section 18
Adopted: 3/23/26
6550 SUBJECT: LEAVES OF ABSENCE
In general, leaves of absence will be administered by the Superintendent. The Board reserves the right to grant leaves of absence for purposes or under conditions not contemplated or considered in the policy statement. Where a leave of absence is falsely requested or improperly used, the Board may undertake appropriate disciplinary action. The purpose or conditions of a leave of absence may not be altered except by permission of the Superintendent, as expressed in writing.
Leaves of Absence, Contractual, Et Al.
- Employees who are not members of a negotiating unit:
Authorization is granted to approve requests for leaves of absence submitted by these employees consistent with law at the discretion of the board. - Employees who are under contract to the District:
Authorization is granted to implement provisions for leaves of absence contained in each contract.
Leaves of Absence, Unpaid, Not Covered Above
- Subject to limitations enumerated in this policy statement, authorization is granted for the following unpaid leaves of absence:
- For a period of time not to exceed one school year for approved graduate study, this leave to include any required internship experience.
- At the expiration of a paid sick leave of absence, this leave may be extended for a period of time not longer than the end of the school year after the school year in which the paid leave of absence began.
- Unpaid leaves of absence cannot be used to extend vacation periods, to take vacations, to engage in other occupations, or to provide additional personal leaves, except that the Superintendent will have discretion, where circumstances warrant, to approve leaves of absence for those purposes.
- Unpaid leaves of absence will not be granted unless the services of a substitute employee, satisfactory in the discretion of the Superintendent, can be secured.
- Except where it interferes with an employee’s legal or contractual rights, the timing of unpaid leaves of absence will be granted at the convenience of the District.
Other Leaves of Absence
Other leaves of absence include, but are not limited to, the following:
- Emergency Service Volunteer Leave
Upon presentation of a written request from the American Red Cross and with the approval of the Superintendent, employees certified by the American Red Cross as disaster volunteers will be granted leave from work with pay for up to 20 days in any calendar year to participate in specialized disaster relief operations. This leave will be provided without loss of seniority, compensation, sick leave, vacation leave, or other overtime compensation to which the volunteer is otherwise entitled. - Screenings for Cancer
Employees will be granted up to four hours of paid leave on an annual basis to undertake a screening for cancer. This leave will be excused leave and will not be charged against any other leave to which the employee is entitled. - Blood Donation
The District must either, at its option:- Grant three hours of unpaid leave of absence in any 12-month period to an employee who seeks to donate blood off-premises. The leave may not exceed three hours unless agreed to by the Superintendent or designee; or
- Allow its employees without use of accumulated leave time to donate blood during work hours at least two times per year at a convenient time and place set by the Superintendent or designee, including allowing an employee to participate in a blood drive at the District.
- Leave taken by employees at a district-designated donation alternative (such as a district-sponsored blood drive at the workplace) must be paid leave that is provided without requiring the employee to use accumulated vacation, personal, sick, or other leave time.
The District will not retaliate against an employee for requesting or obtaining a leave of absence under this section. Additional leaves for the purpose of blood donation under any other provision of law will not be prevented.
- Bone Marrow Donation
- Employees seeking to undergo a medical procedure to donate bone marrow will be granted leaves to do so, the combined length of the leaves to be determined by the physician, but may not exceed 24 work hours unless agreed to by the Superintendent or designee. The District will require verification for the purpose and length of each leave requested by the employee for this purpose.
The District will not retaliate against an employee for requesting or obtaining a leave of absence under this section. Additional leaves for the purpose of bone marrow donation under any other provision of law will not be prevented.
- Employees seeking to undergo a medical procedure to donate bone marrow will be granted leaves to do so, the combined length of the leaves to be determined by the physician, but may not exceed 24 work hours unless agreed to by the Superintendent or designee. The District will require verification for the purpose and length of each leave requested by the employee for this purpose.
- Breastfeeding/Lactation
- The District will provide paid break time for 30 minutes, and permit the use of existing paid break time or meal time for time in excess of 30 minutes, to allow an employee to express breast milk for their nursing child each time the employee has reasonable need to express breast milk for up to three years following childbirth.
- Upon employee request, the District will designate a room or other location to be used by the employee to express breast milk which will be in close proximity to the work area, well lit, shielded from view, and free from workplace or public intrusion. The location will, at a minimum, contain a chair, a working surface, nearby access to clean running water, and an electrical outlet. The location will not be a restroom or toilet stall. The District will provide access to refrigeration for the purposes of storing expressed milk.
- If the sole purpose of the location is not dedicated for use by employees to express breast milk, the location will be made available to employees when needed and will not be used for any other purpose while in use. The District will provide notice to all employees as soon as practicable when the location has been designated for use by employees to express breast milk.
- At the employee’s option, the District will allow the employee to work before or after their normal shift to make up the amount of time used during the unpaid break time(s) so long as the additional time requested falls within the District’s normal work hours.
- The District will provide a written notification regarding the rights of nursing employees to express breast milk in the workplace to each employee upon hire, annually thereafter, and to employees returning to work following the birth of a child. This notice will be based on a written policy developed by the Commissioner of Labor and will at a minimum:
- Inform employees of their rights pursuant to law;
- Specify how a request may be submitted to the District for a room or other location for use by an employee to express breast milk;
- Require the District to respond to requests within a reasonable time frame that is not to exceed five business days.
- The District will not discriminate or retaliate against an employee who chooses to express breast milk in the workplace.
- Witnesses or Victims of Crimes
- The District will grant an unpaid leave of absence to an employee, who is a victim of or a witness to a criminal offense, that is required or chooses to appear as a witness, consult with the district attorney, or exercise their rights as provided in the Criminal Procedure Law, the Family Court Act, and the Executive Law.
- To use this leave, the employee must provide notice of the need for leave at any time prior to the actual day of leave. The District is permitted to ask the party who sought the attendance or testimony of the employee to provide verification of the employee’s service. Employees will not be penalized or discharged for absences by reason of a required appearance as a witness in a criminal proceeding, or consultation with the district attorney, or exercising their rights as provided under the law.
- Victims of Domestic Violence
- Unless the absence would cause an undue hardship to the District, the District will provide reasonable accommodations to employees who are victims of domestic violence who must be absent from work for a reasonable time in accordance with law.
- An employee availing themselves of this leave must provide the District with reasonable advance notice, unless providing this notice is not feasible. An employee unable to provide reasonable advance notice must, within a reasonable time after the absence, provide a certification to the District when requested.
- To the extent allowed by law, the District will maintain the confidentiality of any information related to an employee’s status as a victim of domestic violence.
- Military Leave
- The District will comply with state and federal laws regarding military leave and re-employment.
- Jury Duty
- As provided by law, any employee who is summoned to serve as a juror and who notifies the District to that effect prior to their term of service will not, on account of absence by reason of jury service, be subject to discharge or penalty. The District will ensure that all absences for this purpose are granted in accordance with law and the terms of any applicable collective bargaining agreement.
- Voting
- Employees who are registered voters and have four consecutive hours either between the opening of the polls and the beginning of their working shift, or between the end of their working shift and the closing of the polls, will be deemed to have sufficient time to vote and will therefore not be eligible for paid leave to vote in any election.
- Employees who are registered voters, and do not have sufficient time outside of their working hours to vote in any election, may without loss of pay for up to two hours, take so much time off as will, when added to their voting time outside of their working hours, enable them to vote. The employee will be allowed time off for voting only at the beginning or the end of their working shift, as the District may designate, unless otherwise mutually agreed.
- Employees requiring working time off to vote must notify the District not more than ten or less than two working days before the day of the election.
- The District must post a notice informing employees of their right to leave in order to vote not less than ten working days before an election and until polls close on election day. This notice will be conspicuously posted in a place where it can be seen by employees as they come and go to their place of work.
29 USC Section 218d
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 USC Sections
4301-4333
Civil Service Law Sections 71-73 and 159-b
Education Law Sections 1709(16), 2509(6), 2573(12), 3005, 3005-a and 3005-b
Election Law Section 3-110
Executive Law Section 296(22)
General Municipal Law Sections 92, 92-c, and 92-d
Judiciary Law Sections 519 and 521
Labor Law Sections 202-a, 202-i, 202-j, 202-l, and 206-c
Military Law Sections 242 and 243
Penal Law Section 215.14
Adopted: 3/23/26
6552 SUBJECT: MILITARY LEAVES OF ABSENCE
In accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and state law, the District, upon advance notice by the employee, will grant leaves of absence for service in the uniformed services and/or military duty (“military service” or “military duty”) to its employees who are ordered to duty or volunteer for qualifying military service. The employee’s notice may be either verbal or written. No advance notice is required if military necessity prevents the giving of notice, or the giving of notice is otherwise impossible or unreasonable under the circumstances.
Employment Rights
Time during which an employee is absent due to military leave will not constitute an interruption of continuous employment in the District and this employee will not be subjected, directly or indirectly, to any loss or diminution of time, service, increment, vacation or holiday privileges, or any other right or privilege, by reason of the absence; nor will any employee be prejudiced by reason of the absence with reference to continuance in employment, reemployment, reinstatement, transfer, or promotion.
Salary/Compensation
Every employee will be paid his or her salary or other compensation for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from military duty. This payment of salary or compensation will not exceed a total of 30 days or 22 working days, whichever is greater, in any one calendar year; and will not exceed 30 days or 22 working days, whichever is greater, in any one continuous period of absence.
The employee must be permitted, upon request, to use any accrued vacation, annual, or similar leave with pay during the period of military service in order to continue his or her civilian pay. The District may not require the employee to use accrued leave.
The employee is not entitled to use accrued sick leave during the period of military service, unless the District allows employees to use sick leave for any reason or allows other similarly situated employees on comparable furlough or leave of absence to use accrued paid sick leave.
Employee Benefits
Health Plan Coverage
If the employee has coverage under a health plan in connection with his or her employment with the District, the employee must be permitted to elect to continue the coverage for a certain period of time as designated in law.
When the employee is performing military service, he or she is entitled to continuing coverage for himself or herself (and dependents if the plan offers dependent coverage) under a health plan in connection with the employment. The plan must allow the employee an opportunity to continue coverage for a period of time that is the lesser of:
- The 24-month period beginning on the date on which the employee’s absence for the purpose of performing military service begins; or
- The period beginning on the date on which the employee’s absence for the purpose of performing military service begins, and ending on the date on which the employee fails to return from service or apply for a position of reemployment.
Health plan administrators may develop reasonable requirements addressing how continuing coverage may be elected, consistent with the terms of the plan and USERRA’s exceptions to the requirement that the employee give advance notice of military service. Further, health plan administrators may develop reasonable procedures for employee payment to continue coverage, consistent with USERRA and the terms of the plan.
Pension/Retirement Plans
While on military duty, any district employee who is a member of any pension or retirement system may elect to contribute to that pension or retirement system the amount which he or she would have contributed had that employment been continuous. Upon making the contribution, the employee will have the same rights in respect to membership in the retirement system as he or she would have had if the employee had been present and continuously engaged in the performance of his or her position. To the extent that these contributions are paid, absence while engaged in the performance of military duty will be counted in determining the length of total service under the pension or retirement system.
Alternatively, employees will have an opportunity to make up contributions to the pension or retirement system upon return to employment in the District in accordance with law and the individual employee’s pension/retirement system.
The payment of member contributions required under law to obtain military service credit is waived for members called to active military duty on or after September 11, 2001 and prior to January 1, 2006.
Time during which an employee is absent on military duty will not constitute an interruption of continuous employment, but this time will not be counted or included in determining the length of total service in the pension or retirement system unless the employee contributes to the pension or retirement system the amount he or she would have been required to contribute if the employee had been continuously employed during the period of military duty.
Leaves of Absence for Military Spouses
The spouse of a member of the armed forces of the United States, National Guard, or reserves who has been deployed during a period of military conflict (defined as a period of war declared by the United States Congress, or in which a member of a reserve component of the armed forces is ordered to active duty in accordance with the United States Code), to a combat theater or combat zone of operations will be allowed up to ten days unpaid leave by their employer. This leave will only be used when the person’s spouse is on leave from the armed forces of the United States, National Guard, or reserves while deployed during a period of military conflict to a combat theater or combat zone of operations.
In accordance with law, an “employee” means a person who performs services for hire for the District for an average of 20 or more hours per week, and includes all individuals employed at any district site having 20 or more district employees, but does not include independent contractors.
The District will not retaliate against an employee for requesting or obtaining a leave of absence as provided above. The provisions of this section will not affect or prevent the District from providing leave for military spouses in addition to leave allowed under any other provision of law. The provisions of this section will not affect an employee’s rights with respect to any other employee benefit provided by law.
Reemployment/Restoration Rights (“Escalator Principle”)
As a general rule, an employee is entitled to reemployment in the job position that he or she would have attained with reasonable certainty if not for the absence due to military service. The position to which the returning service member should be restored has become known as the “escalator principle.”
Depending on the circumstances or intervening events, the escalator principle may cause an employee to be reemployed in a higher or lower position, transferred, laid off, or even terminated.
The employee must be qualified for the reemployment position. The District will make reasonable efforts to help the employee become qualified to perform the duties of this position. The District is not required to reemploy the employee on his or her return from military service if the employee cannot, after reasonable efforts by the District, qualify for the appropriate reemployment position.
Per state law, an employee restored to his or her position after the termination of military duty will be entitled to the rate of compensation he or she would have received had the employee remained in his or her position continuously during the period of military duty; and the employee will be deemed to have rendered satisfactory and efficient service in the job position during the period of military leave of absence. Further, the employee will not be subjected directly or indirectly to any loss of time service, increment, or any other right or privilege; nor will an employee be prejudiced in any way with reference to promotion, transfer, reinstatement, or continuance in employment.
All other rights, benefits, and responsibilities of a district employee serving in the military will be in accordance with law, regulations, and/or the applicable contract or collective bargaining agreement.
Probationary Service
Public Employees in General
If a public employee (with the exception of the probationary service of “teachers” as described below) enters military duty before the expiration of the probationary period in any position to which he or she may have been appointed, or to which he or she may thereafter be appointed or promoted, the time the employee is absent on military duty will be credited as satisfactory service during this probationary period.
Teachers/Supervisory Staff
In any case where a teacher (defined as encompassing a broad category of full-time members of the teaching and supervisory staff of the District, and is not limited to instructional employees) enters military duty before the expiration of the probationary period to which he or she may have been appointed, the time the teacher is absent on military duty will be credited as satisfactory service during this probationary period. If the end of this probationary service occurs while the teacher is on military duty or within one year following the termination of military duty, the period of the probationary service may be extended by the Board for a period not to exceed one year from the date of termination of military duty. However, in no event will the period of probationary service in the actual performance of teaching services extend beyond that required by the District at the time of the teacher’s entry into military service.
Collective Bargaining Agreements/Contracts/Plans/Practices
In accordance with USERRA, any state or local law, contract, agreement, policy, plan, or practice that establishes an employment right or benefit that is more beneficial than, or is in addition to, a right or benefit under USERRA, the greater employment right or benefit will supersede USERRA.
Notice of Rights and Duties
The District will provide a notice of the rights, benefits, and obligations of employees and the District under USERRA. The District may provide the notice by posting it where employee notices are customarily placed. The District may also provide the notice to its employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via email).
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Public Law 108-454
38 USC Sections 4301-4333
20 CFR Part 1002
Education Law Section 3101
Military Law Sections 242 and 243
NOTE: Refer also to Policy #6212 — Certification and Qualifications
Adopted: 3/23/26
6560 SUBJECT: DETERMINATION OF EMPLOYMENT STATUS: EMPLOYEE OR INDEPENDENT CONTRACTOR
The District has the primary responsibility for determining whether an individual is rendering services as an employee or as an independent contractor. When making this determination, the District must consider the factors set forth in state regulations.
A certification of the determination that an individual is an employee is required when the District initially reports to the New York State and Local Retirement System (NYSLRS) certain covered professionals, including those persons providing services as an attorney, physician, engineer, architect, accountant, or auditor.
Definitions
“Employee” means an individual performing services for the District for which the District has the right to control the means and methods of what work will be done and how the work will be done.
“Independent contractor” means a consultant or other individual engaged to achieve a certain result for the District, but who is not subject to the direction of the District as to the means and methods of accomplishing the result. The District will not enter into agreements with independent contractors for instructional services except under the limited circumstance permitted by the New York State Education Department (NYSED).
Employees to be Reported to NYSLRS
All persons employed by the District will be included in the reporting requirements. The District will provide the information deemed necessary by the retirement system for all employees except those who actively participate in another public retirement system or program. In the case of employees who are in the process of being registered to membership, all service, salary, and deduction data and mandatory contributions will be accumulated by the District and the accumulation will be included with the first monthly report which is due after the employee’s registration or identification number has been assigned.
An individual serving the District as an independent contractor or consultant is not an employee and should not be reported to the retirement system.
Employer Reporting of Certain Professions
In the case of an individual whose service has been engaged by the District in the capacity of attorney, physician, engineer, architect, accountant, or auditor and the District has determined that the individual is rendering service as an employee and, therefore, may be eligible for credit with a retirement system, the District will submit to the retirement system, in a form prescribed by the Comptroller and certified by the chief fiscal officer of the District, an explanation of the factors that led to the conclusion that the individual is an employee and not an independent contractor or consultant.
When making a determination as to an individual’s status as an employee or independent contractor, no single factor will be considered to be conclusive of the issue. All factors will be considered in making an assessment of an individual’s status when engaged to perform services.
The District will also complete, as necessary, a Certification Form for Individuals Engaged in Certain Professions (Form RS 2414) as promulgated by the Office of the New York State Comptroller.
Legal Services
Charging for Legal Services
An attorney will not simultaneously be an independent contractor and an employee of the District for the purpose of providing legal services to the District.
An attorney who is not an employee of the District will not seek to be or be considered, treated or otherwise reported by the District as an employee for purposes of compensation, remuneration, health insurance, pension, and all associated employment-related benefits and emoluments.
Reports Regarding Attorneys
The District will, on or before the 45th day after the commencement of its fiscal year, file with NYSED, the state comptroller, and the attorney general a report specifying:
- All attorneys who provide legal services to the District or Board;
- Whether the District or Board hired those attorneys as employees; and
- All remuneration and compensation paid for legal services.
Protection Against Fraud
Any person who knowingly makes any false statement, or falsifies or permits to be falsified any record or records of the retirement system in any attempt to defraud the system, or who receives certain benefits or payments in excess of statutory limits, as a result of those acts, will be guilty of criminal conduct, and will be punished under the laws of New York State.
Education Law Sections 525, 2050-2054
Retirement and Social Security Law Sections 11, 34, 311, and 334
2 NYCRR Sections 315.2 and 315.3
NOTE: Refer also to Policy #1337 — Duties of the School Attorney
Adopted: 3/23/26
6562 SUBJECT: EMPLOYMENT OF RETIRED PERSONS
A retired person may be employed and earn compensation in a position in the District, without any effect on his or her status as retired and without suspension or diminution of his or her retirement allowance subject to the conditions enumerated in Retirement and Social Security Law Section 211(1). However, there will be no earning limitations on or after the calendar year in which a retired person attains age 65.
No retired person may be employed in the District except upon approval of the Civil Service Commission or the Commissioner of Education unless otherwise authorized in accordance with law.
Two sections of the Retirement and Social Security Law (Sections 211 and 212) affect a retiree’s return to public employment in New York State. If a retiree returns to public employment, he or she may still be able to collect his or her pension depending upon:
- How much is earned after returning to work; and
- The retiree’s age.
If a retiree is under age 65, he or she can return to public employment without approval or reduction in retirement benefits as long as his or her calendar year earnings do not exceed the Section 212 limit. If a retiree’s earnings will be more than the Section 212 limit, the employer must request and receive prior approval from the appropriate agency to hire the retiree under Section 211.
Section 211 waivers are provided for “unclassified service” positions. Retired police officers employed by a school district as a School Resource Officer (SRO) fall under the “classified service” but may have the earnings limitation waived at the discretion of the Commissioner of Education, as long as all of the requirements for waivers in the unclassified service are fulfilled.
There is generally no restriction on a retiree’s earnings beginning in the calendar year he or she turns 65, unless returning to public office.
Section 211 Approval Process
Approval for post-retirement employment of a person under the age of 65 or a retired police officer employed as a SRO whose calendar year earnings exceed the Section 212 limit may be granted only on the written request of the District giving detailed reasons related to the standards set forth in Section 211; and on a finding of satisfactory evidence by the Civil Service Commission or the Commissioner of Education that the retired person is duly qualified, competent, and physically fit for the performance of the duties of the position in which he or she is to be employed and is properly certified where certification is required.
The District will prepare a detailed recruitment plan to fill the vacancy on a permanent basis when the need arises and will undertake extensive recruitment efforts to fill the vacancy prior to making a determination that there are no available non-retired persons qualified to perform the duties of that position.
Approvals to hire retired individuals may be granted for periods not exceeding two years each, provided that a person may not return to work in the same or similar position for a period of one year following retirement. However, in accordance with Section 212, a retiree may return to work in the same or similar position within the same year following retirement if his or her earnings are under the Section 212 limit or if he or she receives a Section 212 waiver, or other conditions exist set forth in law.
Reporting Requirements and Disclosure
- The District will report all money earned by a retired person in its employ in excess of the earnings limitation outlined in Section 212 to the retirement system administered by the state or any of its political subdivisions from which the retired person is collecting his or her retirement allowance.
- The District, when employing a retired person who is eligible to collect or is already collecting a retirement allowance from a retirement system administered by the state or any of its political subdivisions, will report on an annual basis to the retirement system paying the retirement allowance and to the state comptroller. This report will consist of the re-employed retiree’s name, date of birth, place of employment, current position, and all earnings.
Public Record
Any request for approval of the employment of a retired person, including the reasons stated, and the findings and determination of the request will be a public record open for inspection in the Office of the Civil Service Commission, the Commissioner of Education, or the Board making the findings and determination as specified in Section 211.
Education Law Sections 525 and 3101
Retirement and Social Security Law Sections 111, 211, 212, 217, and 411
8 NYCRR Section 80-5.5(b)
Adopted: 3/23/26
7000 Students
ATTENDANCE
- 1.3 Entitlement to Attend — Age and Residency – #7130
- 1.3.1 Education of Students in Temporary Housing – #7131
- 1.3.3 Education of Students in Foster Care – #7133
STUDENT WELFARE
- 5.6 Notification of Sex Offenders – #7560
STUDENTS WITH DISABILITIES
- 6.1 Special Education: District Plan
- 6.1.4 Preschool Special Education Program – #7614
- 6.3 Committee on Special Education (CSE)/Committee on Preschool
- Special Education (CPSE) – #7630
- 6.4 Student Individualized Education Program (IEP): Development and Provision – #7640
- 6.5 Identification and Register of Children with Disabilities (Child Find) – #7650
Please note that students are subject to the 7000 section of policies for the Town of Webb School District except as noted in this 7000 section of policies as adopted by the Raquette Lake Union Free School District.
7130 SUBJECT: ENTITLEMENT TO ATTEND — AGE AND RESIDENCY
All persons residing within the District who are between the ages of five years and 21 years and who have not received a high school diploma are entitled to enroll in the District.
A student who becomes six years of age on or before the first of December in any school year will be required to attend full-time instruction from the first day that the district schools are in session in September of that school year. A student who becomes six years of age after the first of December in any school year will be required to attend full-time instruction from the first day of session in the following September. Each student will be required to remain in attendance until the last day of session in the school year in which the student becomes 16 years of age.
Evidence of a prospective student’s age and residency must be presented in the form as is permitted by state and federal law and regulation.
Determination of Student Residency
Residence is established by a child’s physical presence as an inhabitant within the District and his or her intent to reside in the District.
A child’s residence is presumed to be that of his or her parents or legal guardians. Where a child’s parents live apart, the child can have only one legal residence. In cases where parents have joint custody, the child’s time is essentially divided between two households, and both parents assume responsibility for the child, the decision regarding the child’s residency lies ultimately with the family. Where parents claim joint custody, but do not produce proof of the child’s time being divided between both households, residency will be determined on the basis of the child’s physical presence and intent to remain within the District.
The presumption that a child resides with his or her parents or legal guardians may be rebutted upon demonstration that custody of the child has been totally and permanently transferred to another individual. The District will not acknowledge living arrangements with persons other than a child’s parents or legal guardians which are made for the sole purpose of taking advantage of the District’s schools.
The presumption that a child resides with his or her parents or legal guardians may also be rebutted upon demonstration that the child is an emancipated minor. To establish emancipation, a minor may submit documentation of his or her means of support, proof of residency, and an explanation of the circumstances surrounding the student’s emancipation, including a description of the student’s relationship with his or her parents or persons in parental relationship.
Undocumented Children
Undocumented children are entitled to attend the District’s schools, provided they meet the age and residency requirements established by state law. Consequently, the District will not request on any enrollment or registration form, in any meeting, or in any other form of communication, any documentation or information regarding or tending to reveal the immigration status of a child, a child’s parent(s), or the person(s) in parental relation. In the event the District is required to collect certain data, it will do so after the child has been enrolled or registered; in no instance will the information be required as a condition of enrollment or continued attendance.
Children of Activated Reserve Military Personnel
Students temporarily residing outside the boundaries of the District, due to relocation necessitated by the call to active military duty of the student’s parent or person in parental relation, will be allowed to attend the public school that they attended prior to the relocation. The District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.
Family Educational Rights and Privacy Act, 20 USC Section 1232g
Education Law Sections 310, 906, 3202, 3205, 3214, and 3218
Family Court Act Section 657
8 NYCRR Section 100.2(x) and (y)
NOTE: Refer also to Policy #7131 — Education of Students in Temporary Housing
Adopted: 3/23/26
7131 SUBJECT: EDUCATION OF STUDENTS IN TEMPORARY HOUSING
The Board recognizes the unique challenges that face students in temporary housing (i.e., homeless children and youth) and will provide these students with access to the same free and appropriate public education, including public preschool education, as other students, as well as access to educational and other services necessary to be successful in school. The District will ensure that these students are not separated from the mainstream school environment. The Board is also committed to eliminating barriers to the identification, enrollment, attendance, and success of students in temporary housing.
Identification of Students in Temporary Housing
All districts are obligated to affirmatively identify all students in temporary housing. Therefore, the District will determine whether there are students in temporary housing within the District by using a housing questionnaire to determine the nighttime residence of all newly enrolled students and all students whose address changes during the school year. Not all students in temporary housing can be identified through social service agencies or shelters, as children may be sharing the housing of other persons, such as family or friends, due to loss of housing, economic hardship, or other similar reason. For this reason, the District uses a housing questionnaire that asks for a description of the current living arrangements of the child or youth to determine whether the child or youth meets the definition of a homeless child.
In addition to using the housing questionnaire, the District will also contact the local department of social services (LDSS) (i.e., the social services district) to identify students in temporary housing, as well as the local runaway and homeless youth shelter, and any other shelters located within district boundaries to ensure all students in temporary housing are properly identified and served.
Definitions
- “Feeder school” means:
- A preschool whose students are entitled to attend a specified elementary school or group of elementary schools upon completion of that preschool;
- A school whose students are entitled to attend a specified elementary, middle, intermediate, or high school or group of specified elementary, middle, intermediate, or high schools upon completion of the terminal grade of such school; or
- A school that sends its students to a receiving school in a neighboring school district.
- “Homeless child” means:
- A child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child or youth who is:
- Sharing the housing of other persons due to a loss of housing, economic hardship, or a similar reason (sometimes referred to as “doubled-up”);
- Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;
- Abandoned in hospitals;
- A migratory child who qualifies as homeless under (a), (b), or (c) of this subparagraph or item 2. below; or
- An unaccompanied youth; or
- A child or youth who has a primary nighttime location that is:
- A supervised, publicly, or privately operated shelter designed to provide temporary living accommodations, including, but not limited to, shelters operated or approved by the state or LDSS, and residential programs for runaway and homeless youth established in accordance with applicable law; or
- A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting.
- A child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child or youth who is:
- “Migratory child” means a child or youth who made a qualifying move in the preceding 36 months:
- As a migratory agricultural worker or a migratory fisher; or
- With, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.
- “Preschool” means a publicly funded prekindergarten program or a Head Start program administered by the District and/or services under the Individuals with Disabilities Act administered by the District.
- “Receiving school” means:
- A school that enrolls students from a specified or group of preschools, elementary schools, middle schools, intermediate schools, or high schools; or
- A school that enrolls students from a feeder school in a neighboring local educational agency.
- “Regional placement plan” means a comprehensive regional approach to the provision of educational placements for homeless children that has been approved by the Commissioner of Education.
- “School district of current location” means the public school district within New York State in which the hotel, motel, shelter or other temporary housing arrangement of a homeless child, or the residential program for runaway and homeless youth, is located, which is different from the school district of origin.
- “School district of origin” means the school district within New York State in which:
- The homeless child was attending a public school or preschool on a tuition-free basis or was entitled to attend when circumstances arose that caused the child to become homeless, which is different from the school district of current location;
- The child was residing when circumstances arose that caused the child to become homeless if the child was eligible to apply, register, or enroll in public preschool or kindergarten at the time the child became homeless; or
- The homeless child has a sibling who attends a school in the school district in which the child was residing when circumstances arose that caused the child to become homeless.
- “School of origin” means:
- The public school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool or a charter school;
- The designated receiving school at the next grade level for all feeder schools for a student in temporary housing who completes the final grade level served by the school of origin; and
- The public school or preschool in which the child would have been entitled or eligible to attend based on the child’s last residence before the circumstances arose which caused the child to become homeless if the child becomes homeless after the child is eligible to apply, register, or enroll in the public preschool or kindergarten or if the child is living with a school-age sibling who attends school in the school district of origin.
- “Unaccompanied youth” means a homeless child or youth who is not in the physical custody of a parent or legal guardian.
The McKinney-Vento Liaison for Students in Temporary Housing
The District will designate an appropriate staff person, who may also be a coordinator for other federal programs, as the district liaison for students in temporary housing (otherwise referred to as the McKinney-Vento Liaison). The District’s McKinney-Vento Liaison serves as one of the primary contacts between families experiencing homelessness and school staff, district personnel, shelter workers, and other service providers. The McKinney-Vento Liaison coordinates services to ensure that homeless children and youth enroll in school and have the opportunity to succeed.
The District’s McKinney-Vento Liaison must ensure that:
- Students in temporary housing are identified by school personnel and through coordination activities with other entities and agencies;
- Students in temporary housing enroll in, and have full and equal opportunity to succeed in, the District’s schools;
- Students in temporary housing and their families receive educational services for which they are eligible, including Head Start programs administered by a local educational agency, Early Head Start, early intervention services under part C of the Individuals with Disabilities Education Act, and other preschool programs administered by the District;
- Students and parents in temporary housing receive referrals to health care services, dental services, mental health and substance abuse services, housing services and other appropriate services;
- Parents or guardians of students in temporary housing are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;
- Parents and guardians of students in temporary housing, and unaccompanied youth, are fully informed of all transportation services, including transportation to and from the school district of origin and are assisted in accessing transportation services;
- Disputes regarding eligibility, school selection, enrollment and/or transportation are mediated in accordance with applicable laws and regulations;
- Assistance in commencing an appeal, in accordance with applicable law, of a final determination regarding eligibility, enrollment, school selection, and/or transportation is provided to the student in temporary housing’s parent or guardian or the unaccompanied youth;
- A record is maintained of all appeals of enrollment, school selection, and transportation;
- Public notice of the educational rights of students in temporary housing is posted in locations where these students receive services, such as schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of students in temporary housing, and unaccompanied youth;
- School personnel providing services to students in temporary housing receive professional learning and other support;
- Unaccompanied youths:
- Are enrolled in school;
- Have opportunities to meet the same challenging state academic standards as the state establishes for other children and youth, including receiving credit for full or partial coursework earned in a prior school pursuant to Commissioner’s Regulations; and
- Are informed of their status as independent students under Section 480 of the Higher Education Act of 1965 and that the youths may obtain assistance from the McKinney-Vento Liaison to receive verification of this status for purposes of the Free Application for Federal Student Aid (FAFSA);
- School personnel, service providers, advocates working with students in temporary housing, parents and guardians of students in temporary housing, and students in temporary housing are informed of the duties of the McKinney-Vento Liaison; and
- Assistance with obtaining any necessary immunizations or screenings, or immunization or other required health records is provided to the parents or guardians of the students in temporary housing.
School District and School Designations
A designator will make the initial decision about which school district and school a student in temporary housing will attend. A designator is:
- The parent or person in parental relation (guardian) to a student in temporary housing;
- The student in temporary housing, together with the McKinney-Vento Liaison, in the case of an unaccompanied youth; or
- The director of a residential program for runaway and homeless youth, in consultation with the student in temporary housing, where the student is living in that program.
The District will ask the designator to designate one of the following as the school district of attendance for the student in temporary housing:
- The school district of current location;
- The school district of origin; or
- A school district participating in a regional placement plan.
The District will also ask the designator to designate one of the following as the school where a student in temporary housing seeks to attend:
- The school of origin; or
- Any school that permanent housed children and youth who live in the attendance area in which the child or youth is actually living are eligible to attend, including a preschool.
A student in temporary housing is entitled to attend the schools of the school district of origin without the payment of tuition for the duration of their homelessness and through the remainder of the school year in which the student becomes permanently housed and for one additional year if that year constitutes the student’s terminal year in that school building, subject to a best interest determination
Designation/STAC 202 Form
The District will identify all students in temporary housing, and a designation form will be completed by the designator for all these students and any other student who claims homelessness. Designations must be made on the STAC 202 form provided by the Commissioner.
The appropriate designator must complete the designation form. The District makes designation forms available to a student in temporary housing who seeks admission to school or to the parent or person in parental relation who seeks to enroll the child in school.
The District will provide completed designation forms to the McKinney-Vento Liaison immediately, but no later than two business days from the earlier date on which the child or youth either:
- Sought enrollment in school; or
- Was placed in a temporary housing facility or residential facility for runaway and homeless youth.
Where a parent or person in parental relation or a child who is neither placed in a temporary housing facility by the LDSS nor housed in a residential program for runaway homeless youth, designates the District as the school district of current location, the District will forward to the State Education Department a completed designation form and a statement of the basis for its determination that the child is a homeless child entitled to attend the District’s schools.
Immediate Enrollment and Best Interest Determinations
Upon identification of a child who is in temporary housing and/or receipt of a completed designation/STAC 202 form, the District will:
- Immediately review the designation form to ensure that it has been completed and admit the student in temporary housing even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, immunization records, proof of residency or other documentation and even if the child or youth has missed application deadlines;
- Determine whether the designation made by the designator is consistent with the best interests of the student in temporary housing. In making best interests decisions the District will:
- Presume that keeping the child in the school of origin is in the child’s best interest, except when doing so is contrary to the wishes of the parent or guardian (or youth in the case of an unaccompanied youth); and
- Consider student-centered factors such as the effect of mobility on student achievement, education, health, and safety of the child, giving priority to the wishes of the child’s parent or guardian (or the youth, if a homeless unaccompanied youth). If the District determines that it is in the best interest of the student in temporary housing to attend a school other than the school of origin or the designated school, the District will provide the parent or guardian (or youth, if an unaccompanied youth) with a written explanation of its determination, including information about the right to appeal;
- Provide the child with access to all of the District’s programs, activities and services to the same extent as they are provided to resident students;
- Immediately contact the school district where the child’s records are located in order to obtain a copy of these records and coordinate the transmittal of records for students with disabilities pursuant to applicable laws and regulations;
- Immediately refer the parent or guardian of the student in temporary housing to the McKinney-Vento Liaison who must assist in obtaining necessary immunizations or immunization or medical records if the child or youth needs to obtain immunizations or immunization or medical records;
- Forward the STAC 202 form to the Commissioner and the school district of origin, where applicable. In all cases, the District will give a copy of the completed STAC 202 form to the designator and keep a copy of the STAC 202 form for the District’s records;
- Arrange for transportation in accordance with applicable laws and regulations.
Request for Records
Within five days of receipt of a request for school records from a new school, the District will forward, in a manner consistent with state and federal law, a complete copy of the student in temporary housing’s records, including, but not limited to, proof of age, academic records, evaluations, immunization records, and guardianship papers, if applicable.
Tuition Reimbursement
The District is eligible to request reimbursement from the State Education Department for the direct costs of educational services to students in temporary housing that are not otherwise reimbursed under special federal programs, when:
- The District is either the school district of current location or a school district participating in a regional placement plan;
- The District is designated as the school district of attendance; and
- The school district of origin for the student in temporary housing is within New York State.
All claims for reimbursement will be made on the STAC 202 form prescribed by the Commissioner of the State Education Department.
In addition, the District is eligible for reimbursement for the direct costs of educational services, including transportation costs for students who continue enrollment in the District schools after finding permanent housing midyear in a different school district within New York State. In these cases, the District will directly bill the new district where the student permanently resides for all direct costs of educational services, including transportation, that are not otherwise reimbursed under special federal programs.
Transportation Responsibilities
The LDSS is responsible for providing transportation to students in temporary housing, including preschool students and students with disabilities who are eligible for benefits under Social Services Law Section 350-j and placed in temporary housing arrangements outside their designated districts. Where the LDSS requests that the District provide or arrange for transportation for a student in temporary housing in the circumstances above, the District will provide or arrange for the transportation and directly bill the LDSS so that the District will be fully and promptly reimbursed for the cost of the transportation.
If the District is the designated school district of attendance, the District will provide for the transportation of each student in temporary housing who is living in a residential program for runaway and homeless youth, including if the temporary housing is located outside the school district. The costs for transportation for each student in temporary housing who lives in a residential program for runaway youth and homeless youth located outside of the designated school district will be reimbursed by the State Education Department, to the extent funds are provided for the purpose, with the submission of a Runaway and Homeless Youth Act Transportation Program Form. Where the District provides transportation for a student living in a Runaway and Homeless Youth facility, the District will promptly request reimbursement using the Runaway and Homeless Youth Act Transportation Form.
The District will transport any student in temporary housing to their school of origin, including preschools and charter schools, where it is the designated district of attendance and the student in temporary housing is not entitled to receive transportation from the Department of Social Services.
When the District is designated as the school district of current location for a student in temporary housing and the student does not attend the school of origin, the District will provide transportation on the same basis as it is provided to resident students, unless the local transportation policy represents a barrier to the student’s attendance in school.
If the student in temporary housing designates the District as the school district of attendance, transportation will not exceed 50 miles each way, unless the Commissioner determines that it is in the best interest of the child.
Where the District is designated as the school district of attendance and it has recommended the student in temporary housing attend a summer educational program, the district of attendance will provide transportation services to students in temporary housing for summer educational programs if the lack of transportation poses a barrier to the student’s participation in the program.
Where the District is designated as the school district of attendance, it will provide transportation services to students in temporary housing for extracurricular or academic activities when:
- The student participates in or would like to participate in an extracurricular or academic activity, including an after-school activity, at the school;
- The student meets the eligibility criteria for the activity; and
- The lack of transportation poses a barrier to the student’s participation in the activity.
Where the District is designated as the school district of attendance, it will provide transportation as described above for the duration of homelessness, unless the LDSS is responsible for providing transportation. After the student becomes permanently housed, the District will provide transportation to the school of origin until the end of the school year and for one additional year if that year constitutes the child’s terminal year in the school building.
Dispute Resolution Process
The District has established the following procedures for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth:
- The District will provide a written explanation, including a statement regarding the right to appeal, to the parent or guardian of a student in temporary housing, or to an unaccompanied youth, if the District determines that the District is not required to either enroll and/or transport the child or youth to the school of origin or a school requested by the parent or guardian or unaccompanied youth, or if there is a disagreement about a child’s or youth’s status as a homeless child or unaccompanied youth. The written explanation will be in a manner and form understandable to the parent, guardian, or unaccompanied youth and will include a statement regarding the McKinney-Vento Liaison’s availability to help the parent, guardian, or unaccompanied youth with any appeal and the contact information for the liaison.
- The District will immediately enroll the student in the school in which enrollment is sought by the parent or guardian or unaccompanied youth, provide transportation to the school, and will delay for 30 days the implementation of a final determination to decline to either enroll in and/or transport the student in temporary housing to the school of origin or a school requested by the parent or guardian or unaccompanied youth.
- If the parent or guardian of a student in temporary housing or unaccompanied youth commences an appeal to the Commissioner within 30 days of such final determination, the student will be permitted to continue to attend the school they are enrolled in at the time of the appeal and/or receive transportation to that school pending the resolution of all available appeals.
The McKinney-Vento Liaison’s Dispute Resolution Responsibilities
The District’s McKinney-Vento Liaison must assist the student in temporary housing’s parent or guardian or unaccompanied youth in bringing an appeal to the Commissioner of a final school district decision regarding enrollment, school selection and/or transportation. In the event of a dispute regarding eligibility, enrollment, school selection, and/or transportation, the District’s McKinney-Vento Liaison will:
- Provide the parent or guardian or unaccompanied youth with a copy of the form petition;
- Assist the parent or guardian or unaccompanied youth in completing the form petition;
- Arrange for the copying of the form petition and supporting documents for the parent or guardian or unaccompanied youth, without cost to the parent or guardian or unaccompanied youth;
- Accept service of the form petition and supporting papers on behalf of any district employee or officer named as a party, or the District if it is named as a party, or arrange for service by mail by mailing the form petition and supporting documents to any district employee or officer named as a party, and, if the District is named as a party, to a person in the office of the Superintendent who has been designated by the Board to accept service on behalf of the District;
- Provide the parent or guardian or unaccompanied youth with a signed and dated acknowledgment verifying that they have received the form petition and supporting documents, and will either accept service of these documents on behalf of the district employee or officer or District, or effect service by mail by mailing the form petition and supporting documents to any district employee or officer named as a party, and, if the District is named as a party, to a person in the office of the Superintendent who has been designated by the Board to accept service on behalf of the District;
- Transmit on behalf of the parent or guardian or unaccompanied youth, within five days after the service of, the form petition or any pleading or paper to the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234;
- Provide the parent or guardian or unaccompanied youth with a signed and dated acknowledgement verifying that they have received the form petition and supporting documents and will transmit these documents on behalf of the parent, guardian or unaccompanied youth to the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234;
- Accept service of any subsequent pleadings or papers, including any correspondence related to the appeal, if the parent or guardian or unaccompanied youth so elects. They will also make this correspondence available to the parent or guardian or unaccompanied youth; and
- Maintain a record of all appeals of enrollment, school selection, and transportation determinations.
Coordination
The District will coordinate the provision of services described in this policy with local social services agencies, housing providers and other agencies or programs providing services to students in temporary housing and their families, including services and programs funded under the Runaway and Homeless Youth Act.
The District will coordinate with other school districts on inter-district issues, such as transportation or transfer of school records.
The District will coordinate implementation of the above provision of services with the requirements of the Individuals with Disabilities Education Act (IDEA) for students with disabilities.
Reporting Requirements
The District will collect and transmit to the Commissioner of Education, at the time and in the manner as the Commissioner may require, a report containing information as the Commissioner determines is necessary, including the numbers of homeless students, their grade, and their nighttime residence.
Removal of Barriers
The District will review and revise its policies that may act as barriers to the identification of students in temporary housing and their enrollment and retention in school, including barriers to enrollment and retention due to outstanding fees or fines, or absences.
Comparable Services
The District will provide services to students in temporary housing comparable to those offered to other students in the District, including: transportation services; educational services for which the child or youth meets the relevant criteria, such as services provided under Title I or similar state or local programs; educational programs for students with disabilities; educational programs for English learners; programs in career and technical education; programs for gifted and talented students; and school nutrition programs.
Student Privacy
Information about a student in temporary housing’s living situation will be treated as a student education record and will not be deemed to be directory information under the Family Educational Rights and Privacy Act (FERPA). A parent or guardian or unaccompanied youth may consent to the release of a student’s address information in the same way they would for other student education records under FERPA.
Training
All school enrollment staff, secretaries, school counselors, school social workers, and principals will be trained on the requirements for enrollment of students in temporary housing. Other staff members including school nutrition staff, school registered professional nurses, teachers, and bus drivers will receive training on homelessness that is specific to their field.
McKinney-Vento Homeless Assistance Act, as amended by the Every Student Succeeds Act (ESSA) of 2015, 42 USC Section 11431 et seq.
Education Law Section 3209
Executive Law Article 19-H
8 NYCRR Section 100.2(x)
Adopted: 3/23/26
7133 SUBJECT: EDUCATION OF STUDENTS IN FOSTER CARE
The District recognizes the importance of educational stability for students in foster care and will collaborate, as appropriate, with the State Education Department (SED) and the local Department of Social Services (LDSS) to ensure that students in foster care have the opportunity to achieve at the same high-levels as their peers. For purposes of this policy, LDSS also refers to the local social services district or the local child welfare agency.
Definitions
- “Child or youth in foster care” (“student in foster care”) means a child who is in the care and custody or custody and guardianship of a local Commissioner of Social Services or the Commissioner of the Office of Children and Family Services.
- “Feeder school” means:
- A preschool whose students are entitled to attend a specified elementary school or group of elementary schools upon completion of that preschool;
- A school whose students are entitled to attend a specified elementary, middle, intermediate, or high school or group of specified elementary, middle, intermediate, or high schools upon completion of the terminal grade of such school; or
- A school that sends its students to a receiving school in a neighboring school district pursuant to applicable laws and regulations.
- “Foster care” means 24-hour substitute care for children placed away from their parents or guardians and for whom the state or tribal child welfare agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes. A child is in foster care regardless of whether the foster care facility is licensed and payments are made by the state, tribal or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is federal matching of any payments that are made.
- “Preschool” means a publicly funded prekindergarten program administered by SED or a local educational agency or a Head Start program administered by a local educational agency and/or services under the Individuals with Disabilities Education Act (IDEA) administered by a local educational agency.
- “Receiving school” means:
- A school that enrolls students from a specified or group of preschools, elementary schools, middle schools, intermediate schools, or high schools; or
- A school that enrolls students from a feeder school in a neighboring local educational agency pursuant to applicable laws and regulations.
- “School district of origin” means the school district within New York State in which the child or youth in foster care was attending a public school or preschool on a tuition-free basis or was entitled to attend at the time of placement into foster care when the social services district or the Office of Children and Family Services assumed care and custody or custody and guardianship of such child or youth, which is different from the school district of residence.
- “School district of residence” means the public school district within New York State in which the foster care placement is located, which is different from the school district of origin.
- “School of origin” means a public school that a child or youth attended at the time of placement into foster care, or the school in which the child or youth was last enrolled, including a preschool or a charter school. For a child or youth in foster care who completes the final grade level served by the school of origin, the term school of origin will include the designated receiving school at the next grade level for all feeder schools. Where the child is eligible to attend school in the school district of origin because the child was placed in foster care after such child is eligible to apply, register, or enroll in the public preschool or kindergarten or the child is living with a school-age sibling who attends school in the school district of origin, the school of origin will include any public school or preschool in which such child would have been entitled or eligible to attend based on such child’s last residence before the circumstances arose which caused such child to be placed in foster care.
District Foster Care Liaison
The District will designate an appropriate staff person to act as the District’s point of contact for students in foster care (i.e., the “Foster Care Liaison”). The Foster Care Liaison will not be the same staff person as the McKinney-Vento Liaison unless the McKinney-Vento Liaison has sufficient ability to carry out the responsibilities of both roles.
The Foster Care Liaison will work collaboratively with representatives from the LDSS.
The District will ensure that the name and contact information for the Foster Care Liaison are:
- Submitted to SED;
- Provided, in writing, to the point of contact for any LDSS known by the District to have students in its custody; and
- Posted on the district website.
Designation of School District and School
The LDSS, in consultation with the appropriate local educational agency or agencies, will determine whether placement in the school district of origin or the school district of residence is in the best interest of a student in foster care. Provided that the District is an appropriate local educational agency, the District will work with the LDSS to make the best interest determination as quickly as possible in order to prevent educational discontinuity for the student. If the student has an Individualized Education Program (IEP), a Section 504 Plan, or is an English language learner, relevant school staff may be consulted during the best interest determination process.
To the extent feasible and appropriate, the student should remain in his or her school of origin while the best interest determination is being made.
Subject to a best interest determination, a student in foster care is entitled to attend the school of origin or any school that children and youth who live in the attendance area in which the foster care placement is located are eligible to attend, including a preschool, for the duration of the student’s placement in foster care and until the end of the school year in which he or she is no longer in foster care, and for one additional year if that year constitutes the student’s terminal year in that building.
Where the school district of origin or school of origin that a student was attending on a tuition-free basis, or was entitled to attend when the student entered foster care is located, in New York State and the student’s foster care placement is located in a contiguous state, the student is entitled to attend his or her school of origin or any school that children and youth who live in the attendance area in which the foster care placement is located are eligible to attend, including a preschool, subject to a best interest determination, for the duration of the student’s placement in foster care and until the end of the school year in which he or she is no longer in foster care, and for one additional year if that year constitutes the student’s terminal year in such building.
Responsibilities When Designated as the School District of Attendance
If the District is designated as the school district of attendance for a student in foster care, the District will immediately:
- Enroll the student in foster care, even if the student is unable to produce records which are normally required for enrollment, such as previous academic records, records of immunization and/or other required health records, proof of residency or other documentation and/or even if the student has missed application or enrollment deadlines during any period of placement in foster care, if applicable;
- Treat the student in foster care as a resident for all purposes; and
- Make a written request to the school district where the student’s records are located in order to obtain a copy of the student’s records and coordinate the transmittal of these records in accordance with applicable laws and regulations.
Request for Records
Within five days of receipt of a request for school records from a new school, the District will forward, in a manner consistent with federal and state law, a complete copy of the records of the student in foster care, including, but not limited to: proof of age; academic records; evaluations; immunization records; and guardianship papers (if applicable).
Tuition Reimbursement
Except as otherwise provided in law or regulation, the cost of instruction of a student in foster care will be borne by the school district of origin. Where a district other than the school district of origin is designated as the school district of attendance, the cost of instruction will be borne by the school district of origin and the tuition paid to the designated school district of attendance will be computed in accordance with applicable laws and regulations.
Transportation Responsibilities
Any student in foster care who requires transportation in order to attend his or her school of origin, is entitled to receive that transportation.
As appropriate, the District will coordinate and collaborate with the LDSS to make an appropriate transportation plan that supports the student’s school stability plan and is fair to the District’s taxpayers, consistent with the District’s obligations under federal and state law.
When the District is the designated school district of attendance, and the student requires transportation to attend his or her school of origin, the District will provide transportation to and from the student’s foster care placement location and the school of origin. The costs for transportation may be aidable pursuant to applicable laws and regulations.
When the District is the school district of residence and the designated school district of attendance, and the student does not attend his or her school of origin, the District will provide transportation on the same basis as provided to resident students. The costs for transportation may be aidable pursuant to applicable laws and regulations.
When transporting students in foster care, the District may incur excess transportation costs, as defined by law. The District and the LDSS may enter into a written agreement relating to how excess transportation costs should be funded, consistent with applicable laws and regulations. Absent such an agreement, excess transportation costs incurred by the District will be shared equally between the LDSS responsible for the foster care costs of the student and the designated school district of attendance. The District and the LDSS will consider and utilize all allowable funding sources, including any available federal funds, to cover excess transportation costs.
Where a student in foster care has been placed in foster care in a contiguous state, and the District is the designated district of attendance, the District will collaborate with the LDSS to arrange for transportation.
Where the School of Origin is a Charter School
Where the school of origin is a charter school, the school district designated as the school district of attendance for a student in foster care will be deemed to be the school district of residence for the student for purposes of fiscal and programmatic responsibility and will be responsible for transportation of the student in foster care. If the designated school district of attendance is not the school district of origin, the designated school district of attendance may seek reimbursement from the school district of origin in accordance with applicable laws and regulations.
Dispute Resolution Process
To the extent feasible and appropriate, the District will ensure that a student in foster care remains in his or her school of origin while any dispute is being resolved in order to minimize disruptions and reduce the number of moves between schools.
Coordination with Other Agencies
The District will coordinate the provision of services described in this policy, as appropriate, with agencies or programs providing services to students in foster care.
The District will coordinate with other school districts on inter-district issues, such as transportation or transfer of school records.
The District will coordinate implementation of the above provision of services with the requirements of IDEA for students with disabilities.
Comparable Services
Each student in foster care will be provided services comparable to other students in the school of attendance, including: transportation services; educational services for which the student meets eligibility criteria; educational programs for students with disabilities; educational programs for English learners; programs in career and technical education; programs for gifted and talented students; and school nutrition programs.
Student Privacy
As appropriate, the District will collaborate with SED and/or the LDSS to determine what documentation related to a student in foster care should be shared among involved parties. In all cases, the District will comply with all statutory requirements to protect student privacy, including the Family Educational Rights and Privacy Act (FERPA) and any other applicable privacy requirements under federal, state, or local laws.
45 USC Section 6312
45 CFR Section 1355.20(a)
US DOE, Non-Regulatory Guidance: Ensuring Stability for Children in Foster Care (June 23, 2016)
Education Law Sections 3202 and 3244
Memorandum from NY St. Educ. Department on Educational Stability and Transportation Provisions for Students in Foster Care Memo (December 2, 2016)
Adopted: 3/23/26
7560 SUBJECT: NOTIFICATION OF SEX OFFENDERS
In accordance with the Sex Offender Registration Act (“Megan’s Law”), the Board supports the New York State Department of Criminal Justice Services (DCJS) in its effort to inform the community in certain circumstances of the presence of individuals with a history of sex offenses, particularly against children, in the school locality. The District intends to minimize the possibility that any sex offender will come in contact with school-age children, and to assist law enforcement agencies in preventing further criminal activity from occurring. Furthermore, the District will cooperate with local police authorities and the local community in promoting and protecting the safety and well-being of its students.
The District will disseminate all information it receives from local police authorities in conjunction with Megan’s Law to designated staff members who might have possible contact with the offender during the course of their school duties. The Superintendent reserves the right to automatically disseminate this information to additional members of the staff, designated supervisors of non-school groups that regularly use district facilities and have children in attendance, parents or guardians of district students, and other community residents who, in the opinion of the Superintendent, have an immediate need to be notified of this data in order to maintain student safety.
All staff members will be informed of the availability of the information received by the District in accordance with Megan’s Law upon written request to the applicable building principal or designee or supervisor.
Staff members must inform their immediate supervisor if they observe within the school building, on school grounds, at school activities, or at or near bus routes any individual whose description matches the information which was provided to the District by local law enforcement authorities. Law enforcement officials will be notified of this information by the District as appropriate.
Information that is disseminated to the District in accordance with Megan’s Law may or may not be disclosed by the District in its discretion. Any information the District receives regarding a sex offender from a source other than the Sex Offender Registry, and which is maintained independent of the requirements of Megan’s Law, will be available from the District, upon written request, in accordance with the requirements of the Freedom of Information Law (FOIL).
Special Circumstances Whereby Sex Offenders May Enter Upon School Grounds
As a mandatory condition of the sentence for sex offenders placed on probation or conditional discharge whose victim was under the age of 18 or who has been designated a Level 3 sex offender, the court requires that the sentenced offender refrain from knowingly entering into or upon school grounds or any other facility or institution primarily used for the care or treatment of persons under the age of 18 while one or more of these individuals are present.
However, by exception, a sex offender may enter school grounds or facility with the written authorization of his or her parole officer and the Superintendent for limited authorized purposes. Entrance upon the premises is subject to the following conditions:
- The offender is a registered student, participant, or employee of the facility;
- The offender is an employee of an entity contracted by the facility;
- The offender has a family member enrolled in the facility; or
- If the school is the offender’s designated polling place and he or she enters solely to vote.
Correction Law Article 6-C
Executive Law Section 259-c(14)
Penal Law Sections 65.10(4-a) and 140.15
Public Officers Law Section 84 et seq.
Adopted: 3/23/26
7614 SUBJECT: PRESCHOOL SPECIAL EDUCATION PROGRAM
The Board recognizes the need for educational programs for three and four year old children with disabilities and directs that administrative practices and procedures be developed to:
- Ensure the timely evaluation and placement of each preschool child with a disability residing in the District so the child has the opportunity to participate in preschool programs;
- Establish a Committee on Preschool Special Education (CPSE) in accordance with applicable federal and state law and regulation;
- Ensure that parents have received and understand the request for consent for evaluation and re-evaluation of a preschool aged child.
Evaluations for Preschool Children with Disabilities
The District will collect entry assessment data in the three outcome areas on all preschool children who receive an initial evaluation. As required by Commissioner’s Regulations, a parent must be fully informed about the proposed initial evaluation and must provide consent for an initial evaluation. This includes a description of the proposed evaluation.
The CPSE will receive entry-level assessment results in the three outcome areas from approved preschool evaluators conducting initial evaluations on all preschool children suspected of having disabilities. The CPSE will then meet to determine the child’s eligibility for preschool education programs and/or services and complete the Child Outcomes Summary Form to determine the child’s entry level of functioning in the three outcome areas for all preschool children evaluated and found to be eligible. The form will be kept in the student’s record until the exit assessment information is due as a way to summarize complex assessment information in a format so that the data can be aggregated and reported to the State Education Department.
If the committee recommends placing a child in an approved program that also conducted an evaluation of the child, it will indicate in writing that this placement is an appropriate one for the child. In addition, the committee will provide notice to the Commissioner of this recommendation.
Individuals with Disabilities Act (IDEA), 20 USC Section 1400 et seq.
Education Law Section 4410
8 NYCRR Sections 200.2(b)(2), 200.2(b)(5) and 200.5
NOTE: Refer also to Policy #7630 — Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE)
Adopted: 3/23/26
7630 SUBJECT: COMMITTEE ON SPECIAL EDUCATION (CSE)/COMMITTEE ON PRESCHOOL SPECIAL EDUCATION (CPSE)
Committee on Special Education (CSE) Membership
The Board will appoint a CSE in accordance with relevant law and regulations, whose membership will include, but not be limited to, the following members:
- The parent(s) or persons in parental relation of the student;
- At least one regular education teacher of the student (if the student is, or may be, participating in the regular education environment);
- At least one special education teacher of the student, or, if appropriate, at least one special education provider (i.e., related service provider) of the student;
- A school psychologist;
- A district representative who is qualified to provide or supervise special education and who is knowledgeable about the general education curriculum and the availability of district resources. This individual may also be the same individual appointed as the special education teacher or special education provider of the student or the school psychologist. The district representative will serve as the chairperson of the Committee;
- An individual who can interpret the instructional implications of evaluation results, who may also be the CSE member appointed as the regular education teacher, the special education teacher, or special education provider, the school psychologist, the district representative described above, or a person having knowledge or special expertise regarding the student as determined by the District;
- A school physician, if specifically requested in writing by the parent or by the District at least 72 hours prior to the meeting;
- An additional parent member of a student with a disability residing in the District or a neighboring school district, provided that this parent’s child has been declassified less than five years’ prior or the child has graduated less than five years’ prior, if specifically requested in writing by the parent of the student, the student, or member of the CSE at least 72 hours prior to the meeting;
- Other persons having knowledge or special expertise regarding the student as designated by either the parent or District;
- The student, if appropriate.
Subcommittee on Special Education Membership
The Board may appoint, as necessary, Subcommittees on Special Education to assist in the timely evaluation and placement of students with disabilities in accordance with applicable law and Commissioner’s Regulations. The Board will determine the number of subcommittees to be appointed upon the recommendation of the CSE.
Committee on Preschool Special Education (CPSE) Membership
The Board will appoint a CPSE whose membership and purpose varies slightly from the membership of the CSE. The CPSE must include those same individuals as the CSE as set forth within this policy and also include the following members:
- For a child in transition from early intervention programs and services, at the request of the parent or person in parental relation, the appropriate professional designated by the agency that has been charged with the responsibility for the preschool child; and
- A representative of the municipality of the preschool child’s residence.
Member Attendance
All members of the CSE or CPSE must attend committee meetings except that the parent and District may agree in writing prior to the meeting date that the attendance of a member or members is not necessary or impossible in accordance with applicable Commissioner’s Regulations and, as a result, may be excused from the meeting.
Training
The training of qualified personnel is essential to the effective implementation of Commissioner’s Regulations regarding the education of all students with disabilities.
The Director of Special Education will establish administrative practices and procedures for training all district personnel responsible for carrying out the provisions of Part 200 of the Commissioner’s Regulations as well as members of the CSE and CPSE.
Alternative Means of Meeting
When conducting a meeting of the CSE or CPSE, the parent and the representative of the District appointed to the CSE or CPSE may agree to use alternative means of meeting participation, such as videoconferences and conference calls.
Individuals with Disabilities Education Act (IDEA) 20 USC Section 1400 et seq.
34 CFR Part 300 and Section 300.321
Education Law Section 4402, 4410
8 NYCRR Sections 200.2(b)(3), 200.3, and 200.4(d)(4)(i)(d)
NOTE: Refer also to Policy #7614 — Preschool Special Education Program
Adopted: 3/23/26
7640 SUBJECT: STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP): DEVELOPMENT AND PROVISION
Development of Individualized Education Program
The Board directs the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) to prepare a written Individualized Education Program (IEP) for each child with a disability. Each student with a disability will have an IEP in effect at the beginning of each school year.
The IEP will be developed by the CSE or CPSE upon referral, and reviewed or revised, as appropriate, for every child with a disability at least annually or when the program no longer appears to be appropriate to meet the student’s needs.
Functional Behavioral Assessments/Behavioral Intervention Plans
A Functional Behavioral Assessment (FBA) is an evaluative tool, requiring parental consent, which should be used throughout the process of developing, reviewing, and revising a student’s IEP when the student’s behavior impedes learning of the child or others. The FBA is the process of determining why a student engages in challenging behavior and how the student’s behavior relates to his or her environment.
The FBA provides a baseline of the student’s problem behaviors with regard to frequency, duration, intensity, and/or latency across activities, settings, people, and times of the day and includes the:
- Identification of the problem behavior;
- Definition of the behavior in concrete terms;
- Identification of the contextual factors that contribute to the behavior (including cognitive and affective factors); and
- Formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it.
The FBA must, as appropriate, be based on multiple sources of data such as structured interviews, behavior ratings scales, standardized assessments, and checklists. To this end, the FBA cannot be based solely on the student’s history of presenting problem behavior.
In the case of a student whose behavior impedes his or her learning or that of others, the CSE or CPSE will consider strategies, including positive behavioral interventions and supports, to address that behavior. The need for a Behavioral Intervention Plan (BIP) will be documented on the IEP which will be reviewed at least annually by the CSE or CPSE. In addition, regular progress monitoring of the frequency, duration, and intensity of the behavioral interventions will be conducted at scheduled intervals and documented and reported to the parent(s) and CSE or CPSE.
Individual Evaluations
Parental consent must be provided for an initial evaluation. If this consent is not received within 30 calendar days of receipt of the referral, the CSE or CPSE Chairperson will document all attempts made to obtain consent.
Unless a referral is withdrawn, an individual evaluation at no cost to the parent will be completed by the CSE or CPSE within 60 calendar days after written parental consent has been obtained or a parental refusal to consent is overridden, unless:
- An extension is mutually agreed to by the parent and the CSE or CPSE for transfer students or students suspected of having learning disabilities; or
- The parent or student repeatedly fails or refuses to produce the student for evaluation.
No student will be required to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving an evaluation.
The individual evaluation will include a variety of assessment tools and strategies, including information provided by the parent. The purpose of the evaluation is to gather relevant functional, developmental, and academic information that may assist in determining whether the student is a student with a disability and the content of the student’s IEP.
As part of any evaluation, a group that includes the CSE or CPSE and other qualified professionals, as appropriate, will review existing evaluation data on the student including evaluations and information provided by the parents of the student, current classroom-based assessments, local or state assessments, classroom-based observations, and observations by teachers and related services providers. In addition, the group will consider information about the student’s physical condition, social or cultural background, and adaptive behavior.
On the basis of that review, and input from the student’s parents, the group will identify what additional data, if any, are needed to determine a variety of factors including, if the student has or continues to have a disability, present levels of academic achievement and developmental needs of the student.
The District must notify the parents if additional data is not needed, and the reasons for that determination as well as their right to request an assessment to determine whether, the student continues to be a student with a disability. The District is not required to conduct the assessment unless requested to do so by the student’s parents.
The determination that a student has a learning disability will be made in accordance with the procedures outlined in Commissioner’s Regulations.
Individual Re-evaluations
The CSE or CPSE will arrange for an appropriate re-evaluation of each student with a disability:
- If the District determines that the educational or related services needs, including improved academic achievement and functional performance of the student warrant re-evaluation;
- If the student’s parent or teacher request a re-evaluation;
- At least once every three years, unless the District and the parent or person in parental relation agree in writing that the re-evaluation is unnecessary.
A re-evaluation will not be conducted more frequently than once a year unless the parent and the district representative appointed to the CSE or CPSE agree otherwise.
The re-evaluation will be conducted by a multi-disciplinary team or group of persons, including at least one teacher or other specialist with knowledge in the area of the student’s disability. The re-evaluation will be sufficient to determine the student’s individual needs, educational progress and achievement, the student’s ability to participate in instructional programs in regular education and the student’s continuing eligibility for special education. The results of any re-evaluations must be addressed by the CSE/CPSE in reviewing, and as appropriate, revising the student’s IEP.
To the extent possible, the District will encourage the consolidation of re-evaluation meetings for the student and other CSE or CPSE meetings for the student.
Amendments to the IEP
Amendments to the IEP made after the annual review by the CSE or CPSE may be made by reconvening the CSE or CPSE and rewriting the IEP or by developing a written document to amend or modify the student’s current IEP, provided that there is a request for, and agreement to, the amendment by the parent(s) and the District provides the parent(s) a written proposal to amend the IEP conveyed in language understandable to the parent(s) in their native language or other dominant mode of communication, informs and allows the parent(s) the opportunity to consult with the appropriate personnel or related service providers concerning the proposed changes, and the parent(s) agree in writing to the amendments.
If the parent(s) agree to amend the IEP without a meeting, they must be provided prior written notice of the changes to the IEP and the CSE or CPSE must be notified of the changes. If the changes are made by rewriting the entire IEP, the District will provide the parents or persons in parental relation a copy of the rewritten IEP. If the amendment is made without rewriting the entire document, the District will provide a copy of the document that amends the IEP or, upon request, a revised copy of the entire IEP with the amendments incorporated.
Use of Recording Equipment at IEP Meetings
The Board will allow recording equipment to be used at meetings regarding IEPs for students with disabilities.
Provision of Individualized Education Program
The Superintendent or designee(s) will establish administrative practices and procedures to ensure that each regular education teacher, special education teacher, related service provider, and/or other service provider who is responsible for the implementation of a student’s IEP is provided with either a paper copy of the IEP or is able to access a student’s IEP electronically (including amendments to the IEP) prior to the implementation of the program. The individuals responsible for implementing a student’s IEP will be notified and trained on how to access the IEP electronically. For purposes of this policy, “other service provider” means a representative of another public school district, charter school, Board of Cooperative Educational Services (BOCES), or school where the student receives or will receive IEP services. Further, the District will designate at least one school official who will be responsible for maintaining a record of the personnel who have received IEP copies for each student.
Any copy of a student’s IEP will remain confidential in accordance with the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, and district policy regarding confidentiality of student records, and will not be disclosed to any other person other than the parent of the student, except in accordance with federal and state laws and/or regulations. Appropriate training and information will be provided to designated school personnel, as applicable, to ensure the confidentiality of this information. Procedures will be established to ensure that copies of students’ IEPs are stored in secure locations and retrieved or destroyed when those professionals are no longer responsible for implementing a student’s IEP.
The Chairperson of the CSE, CSE subcommittee, or CPSE will designate for each student one or, as appropriate, more than one professional employee of the District with knowledge of the student’s disability and education program who will be responsible to, prior to the implementation of the IEP, inform each teacher, provider, or school personnel of his or her responsibility to implement the recommendations on a student’s IEP. Relevant school personnel will have ongoing access to a copy of the student’s IEP.
A copy of a student’s IEP will be provided to the student’s parents at no cost to the parent(s).
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
21 USC Section 812(c)
Education Law Articles 81, 85 and 89 and Sections 207, 3208 and 4402(7)
8 NYCRR Sections 200.1(hh), 200.2(b)(10), 200.4(b)(4), 200.4(d)(3)(i), 200.4(e)(3), 200.4(f), 200.4(j), 200.16(e)(6) and 200.22
Adopted: 3/23/26
7650 SUBJECT: IDENTIFICATION AND REGISTER OF CHILDREN WITH DISABILITIES (CHILD FIND)
The District will locate, identify, and evaluate all students with disabilities who reside within its boundaries, including homeless children, children who are wards of the state, home-schooled children, and children attending private schools or charter schools. Further, it is the policy of the Board to conduct a census in order to locate and identify all children with disabilities within the District under the age of 21, including those children as described above, and to establish a register of those students entitled to attend school or receive preschool services.
The Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) will maintain and annually revise the register of these students and others referred to the committee as possibly having a disability, as appropriate. In addition, census data will be reported by October 1 to the CSE or CPSE as appropriate.
The District understands that its Child Find obligations have been expanded to include notification to every parent or person in parental relation, upon enrollment of their child in the District, of their rights regarding referral and evaluation for the purposes of special education services or programs in accordance with applicable federal and state laws. The notification will contain the name and contact information for the chairperson of the District’s CSE or other individual who is charged with processing referrals to the committee in the District. The District may, in its discretion, provide notice by directing parents or persons in parental relation to obtain information located on the State Education Department’s website relating to a parent’s guide to special education in New York State for children ages three through 21.
Any student suspected of having a disability should be referred to the applicable CSE or CPSE for evaluation and possible identification as a student with a disability.
Nonpublic School Students with Disabilities Who Are Parentally Placed
If the district boundaries encompass a nonpublic school, the District, as the district of location, must develop and implement methods to identify, locate, and ensure the identification and evaluation of students with disabilities who have been, or are going to be, parentally placed in the nonpublic school.
The Child Find activities must be similar to those for students with disabilities in public schools and must be completed in a time period comparable to that for other students attending public schools in the District.
As the district of location, the District must also consult with the appropriate representatives of the nonpublic schools and parents of parentally placed nonpublic school students to determine an accurate count of students with disabilities attending those schools and receiving special education services.
These requirements only pertain to students with disabilities parentally placed in elementary and secondary nonpublic schools, not to parental placements of preschool children with disabilities in private day care or preschool programs; or to CSE placements of students with disabilities in approved private schools, special act school districts, state-supported or state-operated schools; or to charter schools.
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
34 CFR Part 300
Education Law Sections 3240-3242, 3602-c(2)(a), 4401-a, 4402, 4404, 4405 and 4410-6
8 NYCRR Sections 200.2(a) and 200.4
NOTE: Refer also to Policy #7130 — Entitlement to Attend — Age and Residency
Adopted: 3/23/26
8000 Instruction
Raquette Lake Union Free School District
Please note that students are subject to the 8000 Section on Instruction of the policies of the Town of Webb School District.
