Download FOREWORD Contained herein are the regulations and/or

FOREWORD
Contained herein are the regulations and/or procedures formulated by the administrators of the
Nassau County Board of Cooperative Educational Services.
The organizing system in this manual utilizes the same numerical coding as in the Nassau
BOCES Policy Manual. Each regulation is followed by the letter “R” and each procedure is followed
by the letter “P”. Any forms relating to the topics are followed by the letter “F”.
NASSAU BOCES
ADMINISTRATIVE MANUAL CONTENTS
SECTION I
COMMUNITY RELATIONS
SECTION II
ADMINISTRATION
SECTION III
NON-INSTRUCTIONAL/BUSINESS
OPERATIONS
SECTION IV
PERSONNEL
SECTION V
STUDENTS
SECTION VI
INSTRUCTION
SECTION VII
JOB DESCRIPTIONS
2000
2000
Nassau BOCES
SECTION I
COMMUNITY RELATIONS
NUMBER
NEWS MEDIA RELATIONS
Regulation: ....................................................................................................................... 2111R
Form: Release Form (BOCES) ....................................................................................... 2111F
Form: Release Form (Outside News Media) ..................................................................2111F.1
Form: Media Release ......................................................................................................2111F.2
Form: Media Release (Special Education Department) ................................................. 2111F.3
FLAG DISPLAY
Regulation ........................................................................................................................ 2130R
Procedure ......................................................................................................................... 2130P
VISITS TO BOCES FACILITIES, SCHOOLS, AND PROGRAMS
Regulation: Visitors to BOCES Buildings ..................................................................... 2210R
Procedure: Visitors to the BOCES ................................................................................. 2210P
COMMUNITY USE OF SCHOOL FACILITIES
Regulation: Community Use of School Facilities .......................................................... 2220R
USE OF BOCES-OWNED MATERIALS AND EQUIPMENT
Regulation ........................................................................................................................ 2221R
Form: Permission Form for Authorized Use of BOCES-Owned Materials and
Equipment ............................................................................................................ 2221F
SCHOOL VOLUNTEERS
Regulation: Volunteer Guidelines .................................................................................. 2230R
Form: Application for Volunteers .................................................................................. 2230F
PUBLIC COMPLAINTS
Regulation: Complaints Concerning BOCES Personnel ................................................ 2240R
Regulation: Anti-Discrimination Complaint Guidelines ................................................ 2240R.1
Procedure: Anti-Discrimination Complaint Procedures ................................................. 2240P
Form: Anti-Discrimination Complaint Form ................................................................. 2240F
2000
2000
Nassau BOCES
SECTION I
COMMUNITY RELATIONS (Cont’d.)
NUMBER
SOLICITATION OF CHARITABLE DONATIONS FROM SCHOOL CHILDREN
Regulation: Solicitation of Charitable Donations From School Children ...................... 2251R
PUBLIC ACCESS TO RECORDS
Regulation ........................................................................................................................ 2310R
Regulation: Inspection and Copying of Certain Public Records .................................... 2310R.1
Procedure ......................................................................................................................... 2310P
Form: Application for Public Access to Records ........................................................... 2310F
MAINTENANCE OF PUBLIC ORDER ON BOCES PROPERTY
Regulation: Rules and Regulations for the Maintenance of Public Order on
BOCES Property ........................................................................................ 2410R
Procedure: Maintenance of Public Order on BOCES Property ...................................... 2410P
Procedure: Vandalism Protection ................................................................................... 2410P.1
Form: Vandalism, Burglary, Theft, or Illegal Entrance Report ...................................... 2410F
EARLY WARNING SIGNS OF STUDENT VIOLENCE
Regulation ........................................................................................................................ 2412R
2000
2111R
Community Relations
SUBJECT:
NEWS MEDIA RELATIONS
As much as possible, information should be made available to all representatives of the media
simultaneously. Earlier releases may be made to printed publications, however, since a longer time is
required by the press to publish. Exclusive releases should be avoided, unless an individual media
representative requests specific information about particular programs, plans or problems.
School principals shall be authorized to request coverage of activities in their respective schools
via the Office of Information which will provide this liaison service as appropriate. When requested
coverage materializes, media representatives (including photographers, television camerapersons,
reporters and writers, whether from the news media or freelancers), may be permitted by the school
principal to photograph students and school activities provided their presence will not unduly disrupt
the students’ education. Media representatives will be escorted within a school by a person designated
for this purpose through the Office of Information. Where the propriety of a requested activity is
questionable, principals and/or the Office of Information should contact the District Superintendent for
clarification.
When a media representative directly initiates contact with a BOCES school or program, or
arrives at a BOCES site, he/she should be directed to contact the Office of Information. This Office
will coordinate media visits and keep the District Superintendent informed of them. In situations
where the media has initiated the contact, a member of the Office of Information staff will customarily
be present during the visit.
Students must obtain permission from the principal to act as representatives of their school
through the media. The principal should be apprised of all information concerning the presentation,
but shall not be held responsible for any opinions expressed by the students.
2111F
BOCES RELEASE FORM:
STUDENT INTERVIEWS, PHOTOGRAPHS AND VIDEOTAPES
Dear Parents/Guardians:
Please complete and return the bottom of this form to your child’s teacher as soon as possible.
Thank you for your cooperation.
Sincerely,
Principal
Please Check only ONE Item:

I hereby consent that interviews, photographs and/or videotapes of my child,
______________________, may be taken or used by the BOCES only for public relations,
educational or other purposes consistent with the purpose and mission of the BOCES. I further
agree that said materials shall become the property of the BOCES, and I hereby release and
discharge the BOCES and its representatives from any and all claims that may arise by reason of
taking of said interviews, photographs and/or videotapes.

I do not give permission for my child, ____________________________________, to be
interviewed, photographed, and/or videotaped for BOCES purposes.
CHILD’S NAME ___________________________________________________________________
HOMEROOM TEACHER ____________________________________________________________
PARENT/GUARDIAN SIGNATURE __________________________________________________
DATE ____________________________________________________________________________
2111F.1
OUTSIDE NEWS MEDIA RELEASE FORM:
STUDENT INTERVIEWS, PHOTOGRAPHS AND VIDEOTAPES
Dear Parents/Guardians:
Periodically outside news media representatives desire to do a feature or news story on an educational
or safety topic concerning our schools. It is not unusual for photographs and/or videotapes of our
students to accompany these articles for print or broadcast purposes.
The date, location, type of media release, and purpose for which parental/guardian consent is
requested is as follows:______________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Please complete and return the bottom of this form to your child’s teacher as soon as possible.
Thank you for your cooperation.
Sincerely,
Principal
Please Check only ONE Item:

I give permission for my child, __________________________________________, to be
interviewed, photographed and/or videotaped by outside news media representatives for press or
media print or broadcast purposes as indicated above. I further agree that such material shall
become the property of the applicable media agency, and I hereby release and discharge the
BOCES and its representatives from any and all claims that may arise by taking of such
interviews, photographs and/or videotapes.

I do not give permission for my child, ____________________________________, to be
interviewed, photographed, and/or videotaped by outside news media representatives for press or
media print or broadcast purposes as indicated above.
CHILD’S NAME ___________________________________________________________________
HOMEROOM TEACHER ____________________________________________________________
PARENT/GUARDIAN SIGNATURE __________________________________________________
DATE _______________________________________________
2111F.2
MEDIA RELEASE
Dear Parents/Guardians:
Nassau BOCES Information Office publishes newsletters, a calendar, a web site, and press releases
that often highlight the students and programs of our schools. Periodically, other media
representatives (Newsday, News 12, etc.) request permission to report a story about one of our school
programs. In these cases, photographs and/or videotapes usually accompany such articles for print or
broadcast purposes.
Unless you object to your child participating in such coverage, we will assume your permission. IF
YOU OBJECT, PLEASE COMPLETE THIS FORM AND RETURN THIS FORM TO YOUR
SCHOOL’S PRINCIPAL.
Please indicate for each category (General Media and Web Site Use) if you do not consent to
your child’s involvement.
General Media

I do not consent to the use of any interviews, photographs and/or videotapes which include and
identify my child, whether such use be for public relations, or any educational or other purpose
relating to the mission of Nassau BOCES.
Web Site Use

I do not consent to the use of interviews, photographs, and/or videotapes of my child on the
Nassau BOCES Web Site which identify my child individually.
______________________________________
Student Name
_____________________________________
School Name
____________________________________________________________
Parent’s Signature
Date
2111F.3
MEDIA RELEASE
(Special Education Department)
Dear Parents/Guardians:
Nassau BOCES Information Office publishes newsletters, a calendar, a web site, and press releases
that often highlight the students and programs of our schools. Periodically, other media
representatives (Newsday, News 12, etc.) request permission to report a story about one of our school
programs. In these cases, photographs and/or videotapes usually accompany such articles for print or
broadcast purposes.
Your approval of this media release form will continue in force until such time as you inform the
school principal otherwise.
Please check one for both categories (General Media and Web Site Use):
General Media
 I do
 I do not
consent that interviews, photographs and/or videotapes which include
identification of my child may be taken and used by Nassau BOCES or
other media, as approved by BOCES, for public relations, educational or
other purposes consistent with the purpose and mission of Nassau BOCES;
and I agree that these materials will become the property of Nassau BOCES.
I hereby release and discharge BOCES and its representatives from any and
all claims that may arise from the use of these interviews, photographs
and/or videotapes.
Web Site Use
 I do
 I do not
consent to the use of interviews, photographs, and/or videotapes of my child
on the Nassau BOCES Web Site which identify my child individually.
______________________________________
Student Name
_____________________________________
School Name
____________________________________________________________
Parent’s Signature
Date
2000
2130R
Community Relations
SUBJECT:
FLAG DISPLAY
1)
The flag will be displayed during school hours upon or near every school building within the
BOCES during days that school is in session.
2)
The flag will be displayed in assembly rooms and in all rooms used for instruction. The Pledge
of Allegiance shall be recited daily during the home room period. The flag will be displayed in
the room where the meetings of the Board of Education are conducted.
3)
The flag shall not be displayed on days when weather is inclement.
4)
The flag may be displayed at night and appropriately lighted upon special occasions when it is
desired to produce a patriotic effect, when so authorized by the Board or by the Superintendent
as its designee to authorize such display.
5)
The flag will be flown at full-staff at all times except that it may be flown at half-staff to
memorialize the death of a:
a.
Person of national standing as designated by the President or Governor;
b.
Present or former Board member;
c.
Present or former employee of the BOCES;
d.
Student of the BOCES.
The flag may also be flown at half-staff on other occasions at the discretion of the
Superintendent of Schools. The period of half-staff shall be from the day of death to the day of
interment.
6)
The flag will not be flown at half-staff in response to a petition from students, faculty, or other
employees of the BOCES, or petition from a member or members of the community, who have
as their intent an expression of sympathy, support, dissent, or opposition to a cause which is
political, social, or economic.
2000
2130P
Community Relations
SUBJECT:
FLAG DISPLAY
Responsibility
Action
Student/Faculty/BOCES Employee
1)
Submits a request to display flag at half-staff with
rationale to the Superintendent through the
immediate supervisor or principal.
Superintendent
2)
a. Approves or denies the request. In case of
denial, provides a rationale for same.
b. Informs the Board of Education of the action.
c. If request is approved, notifies
custodial/maintenance provider.
Custodial/Maintenance Provider
3)
the
Ensures that flag is flown at half-staff for the
duration as specified in request.
2000
2210R
Community Relations
SUBJECT:
VISITORS TO SCHOOL BUILDINGS
Close communication and supportive relationships between parents/guardians and schools are
essential to increasing student achievement and enhancing school climate. The Nassau BOCES
supports these efforts through effective and appropriate visitations to schools and to classrooms by
parents/guardians, community members, and other appropriate individuals, subject to the following
guidelines:
1)
Parents/guardians may request a visit to their child’s classroom(s) through the building
principal, at which time the purpose of the visit will be established. The date and time of
the visit will be mutually agreed upon directly between the parent/guardian and the teacher.
The building principal will be notified, in advance, of the arrangements which have been
agreed upon for the visit.
2)
Teachers may request that a parent/guardian visit the classroom by directly contacting the
parent/guardian and establishing a mutually agreed upon time and date. The building
principal will be notified of the visit, in advance.
3)
Visitations by individuals other than parents/guardians shall be arranged directly between
the building principal and the individual making the request. The purpose of the visit will
be made clear at that time in order to facilitate appropriate arrangements.
4)
Visitation will occur in a way that avoids or minimizes disruption to the normal learning
process and the ordinary classroom routine. The building principal may be present when
appropriate. Visitors agree to maintain confidentiality regarding information which they
acquire during the course of the visit as explained to the visitor by the building principal.
5)
Individuals visiting the schools are to go directly to the office of the building which they
are planning to visit, advise the principal or his/her designee of their presence and purpose
for being in the building, receive permission to be on school grounds, and sign the visitor’s
book. Visitors are to notify the office staff of their departure and sign out upon leaving the
building. Visitors will be issued an identification badge and must wear it. Visitors should
return the badge to the office when signing out.
6)
Before a child may be taken from the building by a non-school person, the visitor must be
recognized by the building principal or his/her designee as one having the legal right to
take the child. The visitor will wait in the office for the child to come from the classroom
at which time he/she will be signed out in the appropriate book. No visitor is to go to the
classroom unaccompanied by an appropriate school official for the purpose of getting a
child.
2000
2210P
Community Relations
SUBJECT:
VISITORS TO THE SCHOOL
Responsibility
Action
Principal/Designee
1)
Assures that notices are posted at all building
entrances directing visitors to report to the
principal’s office immediately upon arrival.
Visitor
2)
Reports to the principal’s office stating intended
business to the principal/designee.
Principal/Designee
3)
a. Grants permission for the visitor to carry out
his/her stated business and assists him/her in
locating desired room and/or staff member.
b. Accompanies visitors where appropriate.
or
c. Denies permission for access to the building
and/or staff and explains the reason(s) for the
decision.
d. Escorts the visitor to the door and witnesses
his/her departure from the building.
e. If visitor refuses to leave, notifies the legal
authorities.
Teacher
4)
a. Notifies principal of scheduled visits to
classroom in advance.
b. Contacts parent/guardian directly to establish
agreed-upon time and date for visitations
requested by teacher.
2006
2220R
1 of 5
Community Relations
SUBJECT: COMMUNITY USE OF SCHOOL FACILITIES
Upon approval of the District Superintendent, a community group who adheres to all of the qualifications in
Policy #2220 will be granted use of BOCES facilities when they agree to the following stipulations:
Conditions of Use for District Facilities
Outside organizations requesting the use of District facilities shall be subject to the rules, regulations, and
conditions determined by the District Superintendent. Such conditions include, but are not limited to, the
following:
A.
District facilities may be unavailable for use if such facilities are in use for school purposes or during
educational programs. The District reserves exclusive and non-reviewable judgment to determine if a
requested use would interfere with or disturb the District’s educational programs.
B. The Board reserves the discretion to deny the use of District facilities described above, or to terminate the
use of District facilities:
1. By an Outside Organization who has previously misused or abused District facilities or property or who
has violated this regulation;
2. For any use which could have the effect of violating federal and/or state law;
3. For any use which, in the estimation of the Board, could reasonably be expected to or actually does
represent a clear and present danger of public disorder and/or damage to District property;
4. For any use which the Board deems inconsistent with this policy;
5. For any use by a private for-profit entity that has the direct or indirect effect of promoting the products
or services of such entity;
6. In any instance where alcoholic beverages or unlawful drugs are sold, distributed, consumed, promoted
or possessed; and/or
7. For any use prohibited by law.
C. To ensure that District facilities are preserved for the benefit of the greater district community, only
Outside Organizations that are community based groups and organizations (that is, groups which are
located within the geographic area covered by the district) may be granted access to District facilities
provided the subsequent use is in accordance with law and open to the general public when required.
D. Use of District facilities will be permitted only where the Outside Organization agrees to pay the District a
fair market value user fee according to a schedule adopted by the District. Notwithstanding the foregoing,
for the uses indicated in paragraphs (F) and (H) of the section entitled “Permitted Uses by Outside
Organizations” in Policy #2220, the Outside Organization agrees to pay the District for the costs and
expense of providing for such uses, including, but not limited to, the costs and expense of providing heat,
electricity, maintenance, and/or custodial services associated with the requested use of the District
facilities. See fee schedule attached. The District retains the right to waive user fees for groups that are
associated with or sponsored by the District. The District further retains the right to waive user fees for
governmental municipalities that the District shares a reciprocal no fee arrangement with.
E. Where, in the judgment of the District, the requested use of District facilities requires special equipment or
supervision, the District reserves the right to deny such use, or in the alternative, to condition such use
upon the Outside Organization’s payment of additional fees in accordance with paragraph D above. Only
authorized BOCES personnel shall operate District equipment.
2006
2220R
2of 5
Community Relations
SUBJECT: COMMUNITY USE OF SCHOOL FACILITIES (Cont’d.)
F.
Use of District facilities will only be permitted where the Outside Organization provides the District timely
evidence of adequate insurance coverage ($1,000,000 minimum) to save the District harmless from all
liability, property damage, personal injuries and/or medical expenses. The District will exercise complete
discretion regarding what constitutes adequate insurance coverage for each proposed use.
G. In the case of an accident resulting in injury to any person or damage to personal or District property, the
incident must be reported to the District Superintendent within one business day from the date of the
accident. An incident form is attached.
H. Users of District facilities shall be required to remain within areas designated by the approved use permit.
Under no circumstances should any individuals be allowed outside of designated areas without appropriate
supervision by a District official.
I. The Board expressly reserves the right to revoke a permit for use of District facilities.
J. If the Outside Organization will be using the District’s facilities for organizational meetings or instruction,
the Outside Organization shall be required to obtain prior parental consent for any minors attending the
meetings. Copies of such consent must be provided to the District at least three days prior to the meeting.
K. When using the Long Island High School for the Arts Theatre, it is required that a BOCES-appointed stage
manager be present at a per hour fee as designated on the Fee Schedule for Community Use of School
Facilities.
Application Procedure for Use of District Facilities
Outside Organizations requesting the use of District facilities shall be required to review this regulation and
submit an application to the District Superintendent. Outside Organizations must follow the guidelines and
restrictions as set forth below. See form entitled, “Procedures for Use of Nassau BOCES Facilities.”
A. All applications for use of school facilities shall be made in writing and submitted to the District
Superintendent at least 30 days prior to the date of the requested use. Permit applications are available on
the Nassau BOCES website (www.nassauboces.org)..
B. All Outside Organizations must clearly and completely describe the intended use of the District facilities.
C. All Outside Organizations must identify an authorized agent of the organization requesting use of District
facilities and identify the individuals responsible for supervising the use of District facilities. The
designated authorized agent of the Outside Organization requesting use of District facilities must sign the
application. The authorized agent’s signature on the application shall attest to the Outside Organization’s
intent to comply with all Board policies and regulations and to use District facilities strictly in accordance
with the use described in the application.
D. All authorized agents must agree to and use District facilities strictly in accordance with the use described
in the application and assume responsibility for all damages resulting from its use of District facilities.
E. The Outside Organization must provide proof of adequate insurance at least 10 days before the date of the
requested use.
F. The Outside Organization must remit payment for use of District facilities within 30 days of invoicing by
the District. The District retains the right to condition use upon the Outside Organization depositing with
the District a sum equaling the estimated costs and fees associated with the proposed use 10 days in
advance of the requested use. Failure to pay the District in a timely manner may result in the suspension or
revocation of Outside Organization’s privileges to use District facilities in the future.
2006
2220R
3 of 5
Community Relations
SUBJECT: COMMUNITY USE OF SCHOOL FACILITIES (Cont’d.)
G. The District Superintendent or his/her designee is authorized to issue permits for the use of District
facilities in accordance with the terms of this regulation.
H. Permits shall be valid only for the facility, use, dates and time specified in the permit. Permits shall not be
transferable and no modification or adjustment to the permit is allowed except with the prior written
approval of the District Superintendent.
I. The District Superintendent is authorized to alter or cancel any permit if it becomes necessary to use the
facility for school purposes or for other justifiable reason.
J. With regard to scheduling activities, the District retains the right to give preference to groups and
organizations that are associated with or sponsored by the District.
K. Issuance of a permit shall not limit the right of access to the facility by District staff.
Ref: Education Law § 414
(Continued)
2006
2220R
4 of 5
Community Relations
SUBJECT: COMMUNITY USE OF SCHOOL FACILITIES
PROCEDURES FOR USE OF NASSAU BOCES FACILITIES
READ THE FOLLOWING REQUIREMENTS AND RETURN APPLICATION TO:
BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF NASSAU COUNTY
71 Clinton Road, P.O. Box 9195, Garden City, New York 11530-9195
Attention:
[District Contact Person
]
FACILITY USE REQUIREMENTS
The use of all District facilities shall be subject to the approval and rules of the Board of Education administered by the District Superintendent or
his/her designee.
1. Organizations wishing to use District facilities shall first apply to the District Superintendent on the prescribed form. The District Superintendent
or his/her designee has final authority on approval.
2. In the event of inclement weather, the District Superintendent or his/her designee has the final authority on whether facilities are usable.
3. Intoxicants shall not be brought onto District facilities at any time.
4. All posted rules must be adhered to.
5. Profanity, objectionable language, disorderly acts or illegal activities of any kind are absolutely prohibited, and those violating this prohibition will
be ejected from the premises.
6. Any damage to District facilities shall be promptly repaired at the user’s expense. No exceptions. If maintenance personnel are not available,
make sure all doors are locked and lights are turned out when leaving.
7. Organizations using the facilities must clean up afterwards.
8. Permits may be revoked at any time.
9. Any organization with youth under 18 years old requires the presence of adequate adult supervision at all times.
10. Smoking or other use of tobacco products is not allowed on District property.
11. Facilities are not available if in conflict with school use. No unauthorized vehicles are allowed on school property. No field or building alterations
(lining of fields or gymnasiums, erecting permanent goal posts or structures, etc.) are allowed without prior approval.
12. The District does not discriminate on the basis of race, color, national origin, physical impairment or sex in its educational programs or
employment services.
13. All users must provide the following insurance prior to using facilities.
2006
2220R
5 of 5
Community Relations
PROCEDURES FOR USE OF NASSAU BOCES FACILITIES (Cont’d.)
SUBJECT: COMMUNITY USE OF SCHOOL FACILITIES
FAILURE TO DO SO PRIOR TO USE WILL RESULT IN REVOCATION OF YOUR PERMIT:
A. The user hereby agrees to name the District as an unrestricted additional insured on the user’s policy.
B. The policy naming the District as an additional insured shall:
 be an insurance policy from an A.M. Best rated “secured” New York State insurer, permitted to do business in New York State;
 contain a 30-day notice of cancellation;
 state that the organization’s coverage shall be primary coverage for the District, its Board, employees and volunteers;
 additional insured status shall be provided with ISO endorsement CG 2026 or its equivalent.
C. The user agrees to indemnify the District for any applicable deductibles.
D. Required Insurance:
 Commercial General Liability Insurance--$1,000,000 per occurrence/$2,000,000 aggregate.
E. User acknowledges that failure to obtain such insurance on behalf of the District constitutes a material breach of contract and subjects it to
liability for damages, indemnification and all other legal remedies available to the District. The user is to provide the District with a certificate
of insurance, evidencing the above requirements have been met. The failure of the District to object to the contents of the certificate or the
absence of same shall not be deemed a waiver of any and all rights held by the District.
The district is a member/owner of the NY Schools Insurance Reciprocal (NYSIR). The consultant further acknowledges that the procurement
of such insurance as required herein is intended to benefit not only the District but also the NYSIR, as the District’s insurer.
14. Prior to the start of the event, an announcement should be made to your group regarding emergency evacuation procedures. For example, pointing
out posted procedures, directions for exiting, how to respond to fire alarms, etc.
15. In the event of an accident, please notify the custodian on duty, or call the business office the next morning at 516.396.2210. Fill out the incident
form attached.
2220F.1
Community Relations
Fee Schedule for Community Use of School Facilities
Type of Room
Special Education
Buildings
Instructional
Programs and
Alternative Schools
Buildings
Classroom Conference
Room or Gym During
School Week
$50/hour
$50/hour
$50/hour
$50/hour
Classroom Conference
Room or Gym on
Weekend or Holiday
$50/hour plus $50/hour
custodian/security
$50/hour plus
$50/hour for
custodian/security
$50/hour plus $50/hour for
custodian/security
$50/hour plus
$50/hour for
custodian/security
Career and Technical
Education Buildings
Other
Computer Lab
Fee above plus
$40/hour during school
hours or
$55/hour after 3:00
p.m. or on
Saturday/holiday for
staff support
AV Equipment
(Laptops, Computers,
TVs, DVDs, VCRs,
Overhead Projectors
LCD Projectors)*
Fee above plus
40/hour during
school hours or
$55/hour after 3:00
p.m. or on Saturday
for staff support
2220R F.2
Community Relations
Fee Schedule for Community Use of School Facilities
Video Conferencing*
Fee above
plus $50/hour
during school
hours or
$75/hour
after 3:00
p.m. or on
Saturday/holi
day for staff
support; Line
charges will
be applied to
all video
conferencing
calls and will
be paid by
the
organization
using the
facilities.
Theatre Rental
Full Day (8 hours)
$1,500
Half Day (4 hours) $800
Overtime per hour $50
Large Theatre at
LIHSA
Little Theatre
LIHSA
at
Full Day (8
Hours) $500 Half
Day (4 hours)
$250 Overtime
per hour $60
Staff Costs (In addition
to Room Rental
Custodial $50/hour
Sound/Lights
$45/hour, Stage
Manager $65/hour,
Stage Crew $30/hour,
Security, $50/hour
Open/Close
Theatre Balcony
$1,200
Custodial $50/hour
Sound/Lights
$45/hour, Stage
Manager $65/hour,
Stage Crew $30/hour,
Security $50/hour
Open/Close
Theatre Balcony
$1,200
2220R F.3
Community
Relations
Agreement
The undersigned is over 21 years of age and, having read the General Regulations Governing Use of Premises of BOCES by Community Organizations, hereby agrees
to comply with same and accepts liability for damages or loss and bodily injury that may occur. Certificate of Insurance must be attached to application. The
undersigned understands that they will be held responsible for all custodial costs related to usage of the BOCES facility, and any other costs for
maintenance and overhead deemed appropriate by Nassau BOCES, unless determined otherwise by the District Superintendent.
Supervisor’s Name________________________________Organization___________________________Phone___________________
Fax______________Address_______________________E-mail_________________________________Date____________________
Signature of Authorized Agent for Organization
2000
2221R
Community Relations
SUBJECT:
REGULATIONS REGARDING THE USE OF SCHOOL-OWNED MATERIALS AND EQUIPMENT
Private and/or personal use of school-owned materials and equipment by community members and by employees and students is not
permitted. School materials and equipment may be used only in connection with school-related purposes.
The regular school program will have first priority on the use of school materials and equipment. Personnel approving applications
for use of such materials and equipment by community members, employees and students must ensure that it is available for school use
during regular school hours. The equipment must be returned promptly by the individual who borrows it by the agreed upon time.
A community member, employee or student borrowing materials and/or equipment will complete an application form and submit it
to the building principal or his/her designee at least 24 hours in advance. The building principal or his/her designee will approve or
disapprove the application. Upon return of the materials and/or equipment, the principal or his/her designee will inspect it for damage.
The community member, employee or student or his/her parent/guardian may be held responsible for the cost of repair or replacement,
with the exception of normal wear and tear, in accordance with applicable law.
In addition to the above restrictions, BOCES equipment may not be used for:
1)
Aiding any religious purpose or for any denominational doctrine or instruction.
2)
Any public meeting or entertainment that reflects in any discriminatory way on a citizen’s race, color, creed, national origin,
sex, disability or age.
3)
Any use that is likely to result in damage to the equipment.
4)
A meeting of any group whose purpose is to overthrow the government of the United States or New York State.
5)
For personal gain or any type of business activity.
2221F
PERMISSION FORM FOR AUTHORIZED USE OF
SCHOOL-OWNED MATERIALS AND EQUIPMENT
Date: ________________________________
TO: ______________________________________
(Principal)
I request permission to use the following piece(s) of school-owned materials and/or equipment.
Material/Equipment
School
Model #
Serial #
I shall require use of this material and/or equipment from ___________________________________
to _______________________________________.
I understand that I assume the responsibility for returning the materials and/or equipment in the same
condition it was borrowed. The community member, employee or student (or his/her parent/guardian)
may be held responsible for the cost of repair or replacement, with the exception of normal wear and
tear, in accordance with applicable law.
*___________________________________________
(Signature)
*If the request is being made by a student under eighteen (18) years of age, the form is to be signed by
a parent/guardian.
2005
2230R
1 of 2
Community Relations
SUBJECT:
SCHOOL VOLUNTEERS
A school volunteer is defined as a non-paid person who assists BOCES staff, including but not
limited to instructional personnel, in curricular, co-curricular, or extracurricular programs. A
volunteer is a person who offers to provide assistance or service of his/her own free will without legal
obligations.
General Guidelines
1)
Use of volunteers within the BOCES is not to conflict with or replace any duly appointed
and/or authorized BOCES personnel or the duties/job responsibilities of such personnel.
2)
Any information gained through volunteering must be held in strict confidence. It is the
responsibility of the principal or his/her designee to assure that the volunteer has no access
to confidential student or personnel information.
3)
Volunteers are expected to support the BOCES’ instructional program and extracurricular
activities.
4)
Volunteers may assist on an occasional or regularly scheduled basis.
5)
Volunteers may not teach or provide the initial instruction for accomplishing educational
objectives; but they may reinforce skills taught by the professional staff.
6)
Volunteers may not provide transportation to students in their personal automobiles for any
school-sponsored activities.
7)
Volunteers may not be assigned the responsibility for disciplining students but may assist
the teacher in maintaining proper behavior of students and report behavioral problems to
the teacher for appropriate action.
8)
School volunteers are not to assume responsibility for the supervision of a class in the
absence of the teacher.
9)
School volunteers are not to contact parents regarding the performance of students or write
comments on any papers/school work sent home.
Implementation of the Volunteer Program
1)
General administration of the volunteer program in the BOCES shall be the responsibility
of the Superintendent or his/her designee.
(Continued)
2005
2230R
2 of 2
Community Relations
SUBJECT:
SCHOOL VOLUNTEERS (Cont’d.)
2)
The need for volunteers will be determined by the building principal in cooperation with
the faculty and other personnel as may be appropriate.
3)
An application shall be filled out by each prospective volunteer and forwarded to the
BOCES Office for evaluation. All regularly scheduled volunteers will, at a minimum,
complete an application, provide authorization for a reference check, and shall be screened
and interviewed by the building principal or his/her designee. Occasional volunteers will
be screened by the building principal in a manner of his/her choosing.
4)
The building principal will forward his/her decisions concerning selection, placement and
replacement of volunteers to the Superintendent or designee for final evaluation.
Following approval from the Superintendent of Schools, volunteers selected for work in the
BOCES shall be placed on the list of approved volunteers. However, the Superintendent
retains the right to approve or reject any volunteer applications submitted for consideration.
5)
Principals shall assume final responsibility for the assignment of volunteers from the
approved list as needed. Assignment of a volunteer must be acceptable to the staff member
to whom the volunteer will be assigned.
6)
Orientation and inservice training will be provided by appropriate staff as determined by
the principal.
7)
Volunteers will work under the supervision and direction of appropriate staff and are
expected to comply with all rules and regulations set forth by the BOCES.
8)
So that appropriate recognition may be made from time to time, an accurate list of
volunteers shall be kept by each principal or supervisor and forwarded to the
Superintendent or designee. Additionally, a copy of each building’s volunteer registry file
will be forwarded to the Department of Human Resources in order to keep a complete
listing of all school volunteer personnel.
9)
The BOCES does not carry health/accident insurance or Workers’ Compensation on
volunteers. They are covered for their actions or omissions within the scope of their
approved authority under the liability section of the BOCES’ umbrella policy. However,
this is not the case for visitors to the school who do not act in a volunteer capacity.
10)
Volunteers must sign in and out in the school office or alternate area designated for this
purpose, unless determined otherwise by the building principal.
11)
Principals shall assume the same general authority over volunteers in their school as they
maintain over the employees of their building.
12)
Each school will keep a volunteer registry which will include, but not be limited to, the
following information: name, address, telephone number, emergency contact.
2230F
APPLICATION FOR VOLUNTEERS
Personal Information
Date _________________________________
Name _____________________________________________________________________________
(Last)
(First)
(Middle)
Address ___________________________________________________________________________
(Street)
(City)
(State)
(Zip)
Phone No. ________________________________________________________________________
(Home)
(Work)
General
What volunteer services are you willing to perform? _____________________________
Employer
List below your current or last employer
DATE, MONTH AND YEAR
NAME AND ADDRESS OF EMPLOYER
POSITION
From
To
References
NAME
List below three persons not related to you, whom you have known at least one year.
ADDRESS
YEARS ACQUAINTED
Emergency Information
In case of emergency, please notify:
________________________________ _____________________________
Name
Address
_______________
Phone
My signature below permits the BOCES to contact any or all references listed if necessary.
Date _____________________________
Signature _____________________________________
**********************************************************************************
DO NOT WRITE BELOW THIS LINE -- OFFICE USE ONLY
Reviewed by _______________________________________
Date _______________________
REMARKS: _______________________________________________________________________
Approved

Not Approved

2000
2240R
Community Relations
SUBJECT:
COMPLAINTS CONCERNING SCHOOL PERSONNEL
Complaints or inquiries concerning school personnel shall be referred to the department or school
to which the matter pertains.
Normally, such complaints or inquiries shall be referred to the immediate supervisor who will
make initial inquiries and investigations, and if unable to resolve the matter satisfactorily shall refer
the matter to the next appropriate level. If necessary the matter will be referred through successive
levels of authority to the Superintendent of Schools.
All administrators will process such complaints in a thorough and expeditious manner.
Complaints against personnel will be discussed by supervisors only with superiors or with those
persons directly involved in the matter.
Applicable provisions of all contracts with negotiating units, in addition to federal and state laws
and Board of Education policies pertaining to Rights of Privacy, will be strictly observed in the
processing of complaints and inquiries about BOCES employees.
2000
2240R.1
1 of 3
Community Relations
SUBJECT:
ANTI-DISCRIMINATION COMPLAINT GUIDELINES
Any type of discrimination allegedly occurring within the BOCES shall be investigated by the
appropriate official in accordance with the following BOCES regulations and procedures.
In following these procedures, should the investigating official be the alleged source of
discrimination, then the employee/student or potential employee/student shall report his/her complaint
to the next level of supervisory authority. Both informal and/or formal complaint procedures may be
used to report allegations of discrimination.
All reports of alleged discrimination will be held confidential to the extent possible consistent
with the BOCES’ legal obligations in conducting a thorough investigation and/or taking appropriate
disciplinary measures. Subject to all applicable laws and collective bargaining agreements, the
following guidelines shall be utilized in the investigation and resolution of discrimination complaints.
Step 1 - Informal Complaint
1)
An employee or student who believes that he/she has been subjected to any type of
discrimination shall immediately notify his/her immediate supervisor or principal on the
complaint form provided by the BOCES.
2)
A potential employee or potential student who believes that he/she has been subjected to any
type of discrimination shall immediately notify the BOCES’ complaint officer. Those
procedures established under Step 2 - Formal Complaint will then apply (see below).
3)
Within 14 days after receipt of the complaint the supervisor or principal will correct the situation
stated in the complaint if he/she finds the complaint valid and if the correction of the complaint
is within his/her scope of authority.
The action taken by the supervisor or principal will be noted on the complaint form.
a.
The supervisor or principal may consult with or seek the assistance of the complaint officer
in resolving the complaint.
b.
If the supervisor or principal can not resolve the issues raised in the complaint within 14
days, he/she shall notify the complainant of that fact before the expiration of the 14 day
period and he/she shall further indicate the approximate date on which his/her
determination will be made.
c.
If resolution of the complaint is not within the scope of the authority of the supervisor or
principal, he/she shall immediately notify the complainant who may then initiate those
procedures set forth in the next section if he/she so desires.
(Continued)
2000
2240R.1
2 of 3
Community Relations
SUBJECT:
ANTI-DISCRIMINATION COMPLAINT GUIDELINES (Cont’d.)
Step 2 - Formal Complaint
1)
If the complaint was not resolved at the informal stage to the satisfaction of the complainant,
he/she may within 14 days of the decision of the supervisor or principal ask that the complaint
officer or his/her designee review the allegations raised by stating his/her reasons on the
complaint form provided by the BOCES and filing them with the complaint officer.
a.
The complaint officer or his/her designee will review the file and if necessary conduct
his/her own investigation. The decision of the complaint officer will be made in writing
within 14 days from presentation of the complaint to him/her unless the complaint officer
has notified complainant that a period in excess of 14 days will be needed for him/her to
conduct the investigation and render his/her decision.
b.
If the complaint officer concludes that further action beyond that taken by the supervisor or
principal must be taken, he/she shall immediately notify the Superintendent so that the
complaint officer’s recommendations may be reviewed and implemented by the
Superintendent.
Step 3 - Corrective Action/Resolution
The complaint officer will inform the Superintendent of the outcome of his/her investigation. If
the Superintendent of Schools issues a finding that no form of discrimination has occurred, the
complainant, if not satisfied with this resolution, may appeal the decision to the Board of Education.
If the complainant is satisfied with the Superintendent’s finding, the complainant will so indicate in
writing and the matter will be deemed closed.
Should the Superintendent determine that corrective action is necessary, the Superintendent of
Schools shall follow all applicable law and regulations and appropriate collective bargaining
agreements in the resolution of the complaint.
The complainant shall receive a copy of any and all reports issued by the Superintendent
pertaining to the investigation/outcome of the formal complaint.
Step 4 - Appeal to the Board of Education
In the event that a complainant files an appeal with the Board of Education following a finding
by the Superintendent of Schools, the Board of Education will conduct a hearing and issue a written
response to the complainant following completion of the hearing.
The BOCES shall take all appropriate measures to prevent the occurrence or continuation of any
type of discrimination and shall implement remedial or corrective action where necessary.
(Continued)
2000
2240R.1
3 of 3
Community Relations
SUBJECT:
ANTI-DISCRIMINATION COMPLAINT GUIDELINES (Cont’d.)
Regardless of whether a complaint has been filed, if the BOCES knows or has reason to know of
the existence of any type of discrimination, the BOCES shall require a prompt and thorough
investigation by appropriate personnel.
Scope of Legal Action
The filing of a complaint, and/or the rendering of a decision regarding the complaint shall in no
way prohibit, prevent or limit the complainant from taking appropriate legal action in accordance with
state and federal law.
2000
2240P
1 of 2
Community Relations
SUBJECT:
ANTI-DISCRIMINATION COMPLAINT PROCEDURES
Responsibility
Action
Complainant (Employee/Student)
1)
Notifies his/her immediate supervisor or principal
on the complaint form provided by the BOCES.
(In the case of a potential employee/student,
he/she shall immediately notify the BOCES’
complaint officer).
Supervisor/Principal*
2)
a. Within 14 days after receipt of the complaint,
corrects the situation stated in the complaint if
he/she finds the complaint valid and if such
action is within his/her scope of authority.
b. Notes on the complaint form the action taken.
Complainant
3)
If the complaint has not been resolved to his/her
satisfaction, may file a formal complaint with the
complaint officer within 14 days of the decision
of the supervisor or principal on the form
provided by the BOCES.
Complaint Officer/Designee*
4)
a. Reviews the file and, if necessary, conducts
his/her own investigation.
b. Makes decision in writing within 14 days
from receipt of the complaint, or notifies the
complainant that more time will be needed for
further investigation before rendering a
decision.
c. Notifies the Superintendent of
recommendations
for
review
implementation.
Superintendent
5)
his/her
and/or
a. Issues a finding as to whether discrimination
has occurred.
*If the investigating official is the alleged source of discrimination, then the complainant shall report
his/her complaint to the next level of supervisory authority.
(Continued)
2000
2240P
2 of 2
Community Relations
SUBJECT:
ANTI-DISCRIMINATION COMPLAINT PROCEDURES (Cont’d.)
Responsibility
Action
Superintendent (Cont’d.)
Complainant
b. If corrective action is deemed necessary,
follows all applicable law and regulations and
appropriate collective bargaining agreements
in implementing such action.
6)
a. Receives a copy of any and all reports issued
by the Superintendent pertaining to the
investigation/outcome
of
the
formal
complaint.
b. If satisfied with the resolution, so indicates in
writing.
c. If not satisfied, may appeal to the Board of
Education or may take appropriate legal action
in accordance with state and federal law.
Board of Education
7)
If complainant files an appeal, conducts a hearing
and issues a written response to the complainant.
2240F
1 of 2
ANTI-DISCRIMINATION COMPLAINT FORM
Complainant:
Name ________________________________________________________________________
Mailing Address ________________________________________________________________
Telephone _________________________ Date Filed __________________________________
Description of Alleged Discrimination __________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Time and Place of Violation __________________________________________________________
__________________________________________________________________________________
Statement of Complaint ______________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Remedy Sought by Complainant _______________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(If Applicable): Reason for Dissatisfaction with Informal and/or Formal Steps (Steps one and/or two)
of Anti-Discrimination Complaint Procedures
__________________________________________________________________________________
__________________________________________________________________________________
(To Be Completed by Various BOCES Personnel): Decision of Principal or Supervisor and Action
Taken
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(Continued)
2240F
2 of 2
ANTI-DISCRIMINATION COMPLAINT FORM (Cont’d.)
Decision of Complaint Officer ________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Action Taken by Superintendent _______________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Action by the Board _________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Other Comments ___________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_________________________________________
Signature of Complainant
2000
2251R
1 of 2
Community Relations
SUBJECT:
SOLICITATION OF CHARITABLE DONATIONS FROM SCHOOL
CHILDREN
In accordance with Section 19.6 of the Rules of the Board of Regents and BOCES policy, the
direct solicitation of charitable donations from public school students on school property during school
hours in which they are compelled to be in attendance is strictly prohibited.
To implement the terms of BOCES policy and the Rules of the Board of Regents, the following
regulations shall apply:
1)
School children may be recruited to participate as fund raisers for the benefit of a charity
on a voluntary basis when such fund raising is to be conducted off school premises and/or
when school is not in session. School personnel may distribute flyers or other literature,
put up posters or otherwise notify students of out-of-school fund raising activities.
However, school personnel may not act as a conduit and collect funds from students on
behalf of a charity for which they recruited, even though the funds were raised by students
off school property and not during school hours.
2)
The prohibition against solicitation of charitable donations "during school hours" extends
to homerooms and lunch periods. School hours end when students are released from
compulsory attendance, which means that the Rules of the Board of Regents and BOCES
policy prohibiting such solicitation of charitable donations from students does not apply to
before-school or after-school extracurricular periods.
3)
The BOCES will allow school children to participate in fund raising athletic events, such as
walk-a-thons in which the school children perform and receive pledges from
parents/guardians and members of the community at large, as long as the school itself is not
used as a conduit to collect the money earned on behalf of the organization.
4)
The BOCES may allow students to participate during the school day in a food drive or
clothing drive or similar activity involving the donation of goods for the needy only where
the food, clothing, other goods or funds are collected in a non-coercive and passive fashion,
such as through a bin or receptacle placed in a hallway or other common area, so that the
identities of students making and not making donations are not revealed. Collection of
charitable contributions of food, clothing, other goods or funds from students in the
classroom or homeroom is prohibited.
5)
Student participation in fund raising activities off school premises which occurs as part of a
community service program in which students receive high school credit for providing
services to a charitable organization shall not be prohibited, provided that there is no
solicitation of donations from students while they are attending school.
(Continued)
2000
2251R
2 of 2
Community Relations
SUBJECT:
SOLICITATION OF CHARITABLE DONATIONS FROM SCHOOL
CHILDREN (Cont’d.)
6)
Student organizations, such as a key club, may engage in fund raising for charitable
purposes as an extracurricular activity provided that the student organization does not
solicit funds directly from students during school hours.
7)
The sale of tickets to students for a social, musical, theatrical or athletic event where a
portion of the proceeds go to a charitable purpose shall not be prohibited. For example, the
purchase of a ticket to a dance to raise money for a student trip or scholarship fund or for a
ticket to a concert or play or charity basketball game or similar event where a portion of the
proceeds go to charity shall not be prohibited by BOCES policy. In such a situation, the
student is receiving consideration for the purchase of the ticket and the risk of coercion of
economically disadvantaged students is diminished, since there are many reasons for
declining to attend an event. However, in accordance with BOCES policy and the Rules of
the Board of Regents, the sale on school grounds during school hours of lottery tickets or
tickets for chance would be prohibited because there is no benefit received by the purchaser
in consideration of his/her purchase. Furthermore, the conduct of a lottery or other game of
chance that is not specifically authorized by law constitutes a gambling offense proscribed
by Article 225 of the Penal Law.
8)
The direct solicitation of charitable donations from students is prohibited where the object
is to raise money to defray medical expenses for another student or other member of the
school community who is ill or to raise money for a scholarship fund in memory of a
deceased member of the school community. However, such prohibition will not apply to
the distribution of flyers requesting that students make contributions outside of school to a
fund established for such purposes. Alternatively, funds could be collected for this purpose
on school property through the establishment of a collection box or receptacle in a hallway
or common area.
9)
In accordance with BOCES policy and the Rules of the Board of Regents, the prohibition
against the solicitation of charitable donations during school hours does not contain any
exceptions for charitable fund raising by students or for school related organizations, such
as parent-teacher associations. Direct solicitation of students during school hours is
prohibited regardless of the nature of the person or organization soliciting donations.
10)
There is no prohibition against the kinds of organizations that can engage in fund raising
activities. Rather, it is the final determination of the Board of Education as to which
organizations, groups, etc. can solicit charitable donations and for what purposes, as long
as the activities otherwise comply with BOCES policy and regulations and the Rules of the
Board of Regents.
2000
2310R
1 of 6
Community Relations
SUBJECT:
PUBLIC ACCESS TO RECORDS
Purpose and Scope
1)
The people’s right to know the process of government decision-making and the documents and
statistics leading to determinations is basic to our society. Access to such information should not
be thwarted by shrouding it with the cloak of secrecy or confidentiality.
2)
These regulations provide information concerning the procedures by which records may be
obtained from an agency as defined by subdivision three of Section eighty-six of the Public
Officers Law. No BOCES regulations shall be more restrictive than this Part.
3)
The BOCES Records Access Officer shall furnish to the public the information and records
required by the Freedom of Information Law, as well as records otherwise available by other
applicable law.
4)
Any conflicts among laws governing public access to records shall be construed in favor of the
widest possible availability of public records.
5)
The BOCES shall amend existing regulations or adopt new regulations to implement the
Freedom of Information Law in conformity with any amendments to this law.
Designation of Records Access Officer
1)
The Board of Education shall be responsible for insuring compliance with the regulations herein,
and shall designate one person as Records Access Officer by name or by specific job title and
business address, who shall have the duty of BOCES response to public requests for access to
records.
2)
The Records Access Officer is responsible to:
a.
Maintain an up-to-date subject matter list;
b.
Assist the requester in identifying requested records, if necessary;
c.
Upon locating the records, take one of the following actions:
(1)
Make records available for inspection; or
(2)
Deny access to the records in whole or in part and explain in writing the reasons
therefore;
(Continued)
2000
2310R
2 of 6
Community Relations
SUBJECT:
d.
e.
PUBLIC ACCESS TO RECORDS (Cont’d.)
Upon payment of, or offer to pay, the established fee (if applicable):
(1)
Provide copies of records;
(2)
Upon request, certify that a record is a true copy;
Upon failure to locate records, certify that:
(1)
The BOCES is not the custodian for such records, or
(2)
The records cannot be found after diligent search.
Subject Matter List
The BOCES will maintain a reasonably detailed current list by subject matter of all records in its
possession, whether or not available pursuant to the Freedom of Information Law.
Requests for Public Access to Records
The Board of Education designates the Central Office as the location where records shall be
available for public inspection and copying.
The BOCES shall accept requests for public access to records and produce records during all
hours it is regularly open for business.
1)
The BOCES requires that a request be made in writing.
2)
A request shall reasonably describe the record or records sought. Whenever possible a
person requesting records should supply information regarding dates, file designations or
other information that may help to describe the records sought.
Response to Requests for Access to Records
1)
The BOCES will, in accordance with its published rules, make available for public inspection
and copying all records, except that such agency may deny access to records or portions thereof
that:
a.
Are specifically exempted from disclosure by state or federal statute;
b.
If disclosed would constitute an unwarranted invasion of personal privacy under the
provisions of subdivision two of section eighty-nine of the Public Officers Law;
(Continued)
2000
2310R
3 of 6
Community Relations
SUBJECT:
PUBLIC ACCESS TO RECORDS (Cont’d.)
An unwarranted invasion of personal privacy includes, but shall not be limited to:
(1)
Disclosure of employment, medical or credit histories or personal references of
applicants for employment;
(2)
Disclosure of items involving the medical or personal records of a client or patient in
a medical facility;
(3)
Sale or release of lists of names and addresses if such lists would be used for
commercial or fund raising purposes;
(4)
Disclosure of information of a personal nature when disclosure would result in
economic or personal hardship to the subject party, and such information is not
relevant to the work of the agency requesting or maintaining it; or
(5)
Disclosure of information of a personal nature reported in confidence to the BOCES
and not relevant to the ordinary work of the BOCES.
Unless otherwise provided by the Freedom of Information Law, disclosure shall not be
construed to constitute an unwarranted invasion of personal privacy:
(1)
When identifying details are deleted;
(2)
When the person to whom a record pertains consents in writing to disclosure;
(3)
When upon presenting reasonable proof of identity, a person seeks access to records
pertaining to himself/herself.
c.
If disclosed would impair present or imminent contract awards or collective bargaining
negotiations;
d.
Are compiled for law enforcement purposes and which, if disclosed would:
(1)
Interfere with law enforcement investigation or judicial proceedings;
(2)
Deprive a person of a right to a fair trial or impartial adjudication;
(3)
Identify a confidential source or disclose confidential information relating to a
criminal investigation; or
(4)
Reveal criminal investigative techniques or procedures, except routine techniques and
procedures.
(Continued)
2000
2310R
4 of 6
Community Relations
SUBJECT:
PUBLIC ACCESS TO RECORDS (Cont’d.)
e.
If disclosed would endanger the life or safety of any person;
f.
Are inter-agency or intra-agency materials which are not:
(1)
Statistical or factual tabulations or data;
(2)
Instructions to staff that affect the public;
(3)
Final agency policy or determinations; or
(4)
External audits, including but not limited to audits performed by the comptroller and
the federal government.
g.
Are examination questions or answers which are requested prior to the final administration
of such questions.
h.
Are computer access codes.
2)
The BOCES shall, within five (5) business days of receipt of a written request for records(s)
reasonably described, make the record(s) available to the person requesting them, deny the
request in writing or furnish a written acknowledgment of receipt of the request and a statement
of the approximate date when such request will be granted or denied.
3)
Denial of access shall state the reason for the denial and advise the person denied access of his or
her right to appeal to the person or body established to hear appeals. That person or body shall
be identified by name, title, business address and business telephone number. The Records
Access Officer shall not be the appeals officer.
Appeals
1)
Any person denied access to records may appeal within thirty (30) days of a denial.
2)
If the BOCES fails to respond in any manner to a request within five (5) business days of receipt
of a request, as required in subdivision three of Section 89 of the Public Officers Law, such
failure shall be deemed a denial of access by the agency.
3)
The Superintendent shall hear appeals or shall designate a person or body to hear appeals
regarding denial of access to records under the Freedom of Information Law.
(Continued)
2000
2310R
5 of 6
Community Relations
SUBJECT:
4)
5)
PUBLIC ACCESS TO RECORDS (Cont’d.)
The time for deciding an appeal by the individual or body designated to hear appeals shall
commence upon receipt of written appeal identifying:
a.
The date and location of the request for records;
b.
The records that were denied; and
c.
The name and return address of the appellant.
The BOCES shall transmit to the Committee on Open Government copies of all appeals upon
receipt. Such copies shall be addressed to:
Committee on Open Government
Department of State
162 Washington Avenue
Albany, New York 12231
6)
The person or body designated to hear appeals shall inform the appellant and the Committee on
Open Government of its determination in writing within ten (10) business days of receipt of an
appeal.
7)
Further denial of access by the Superintendent/Appeals Officer to a requested record shall be
subject to court review in accordance with Article 78 of the Civil Practice Law and Rules.
Fees
1)
2)
There shall be no fee charged for the following:
a.
Inspection of records;
b.
Search for records;
c.
Certification of documents;
d.
Copies of documents which have been printed or reproduced for distribution to the public.
The BOCES may charge a fee for copies of records provided that:
a.
The fee for copying records shall not exceed 25 cents per page for photocopies not
exceeding 8 ½ by 14 inches except when a different fee is otherwise prescribed by law.
(Continued)
2000
2310R
6 of 6
Community Relations
SUBJECT:
b.
PUBLIC ACCESS TO RECORDS (Cont’d.)
The fee for copies of records not covered by paragraph (a) of this subdivision shall not
exceed the actual reproduction cost.
Public Notice
The BOCES shall publicize by posting in a conspicuous location in the Central Office:
1)
The location where records shall be made available for inspection and copying.
2)
The name, title, business address, and business telephone number of the designated
Records Access Officer.
3)
The right to appeal by any person denied access to a record and the name and business
address of the person or body to whom an appeal is to be directed.
2005
2310R.1
Community Relations
SUBJECT:
INSPECTION AND COPYING OF CERTAIN PUBLIC RECORDS
Under the Freedom of Information Law (Article 6 of the Public Officers Law), any interested
person may inspect and copy certain of the records kept by any state or municipal agency.
Accordingly, notification is hereby given that the records of the Board of Cooperative
Educational Services of Nassau County are available for inspection and copying, as provided by law,
at the Board’s Central Administrative Offices, Garden City, New York 11530 (Phone: 396-2500).
Any person wishing to inspect or copy any record shall apply to the Records Access Officer,
who can be reached during the regular business hours at the Board’s Central Administrative Offices in
Garden City, or by phone at 396-2500. Regular business hours are weekdays except holidays.
Records may be inspected only at the office or location where they are regularly maintained.
In the event that the Records Access Officer shall deny any request for inspection or copying for
whatsoever reason, the requester may appeal such to the District Superintendent of Schools, Nassau
BOCES Administrative Center, Garden City, New York, upon forms available for this purpose at the
Office of the Records Access Officer.
2000
2310P
1 of 2
Community Relations
SUBJECT:
PUBLIC ACCESS TO RECORDS
Responsibility
Requester
Action
1)
a. Obtains request form (2310F) to inspect or
copy record(s) from office of Records Access
Officer.
b. Completes request form describing record(s)
sought.
c. Submits form to Records Access Officer.
Records Access Officer
2)
Determines if record(s) specified on form is/are
available for inspection and copying:
a. If available, directs requester within 5
business days of receipt of request to place
where record(s) may be inspected and copied.
b. If not available, notes reason for unavailability
on request form, returns copy to requester
within 5 business days of receipt of request,
and informs requester of his/her right of
appeal.
c. If unable to grant or deny access to records
within 5 business days of receipt of request,
furnishes written acknowledgment of receipt
of request and statement of approximate date
when determination will be made.
Requester
3)
If not satisfied with response submits written
appeal to the Appeals Officer within 30 days.
Superintendent/Appeals Officer
4)
Within ten (10) business days of the receipt of an
appeal, shall:
a. Further deny access to the records sought,
fully explaining in writing the reasons
therefore
or
(Continued)
2000
2310P
2 of 2
Community Relations
SUBJECT:
PUBLIC ACCESS TO RECORDS (Cont’d.)
Responsibility
Action
Superintendent/Appeals Officer (Cont’d.)
b. Provide access to the records sought.
c. Submits to Committee on Open Government a
copy of Appeal and final determination.
Requester
5)
If denied further access by the Appeals Officer,
may bring a proceeding for review of such denial
pursuant to Article 78 of the Civil Practice Law
and Rules.
2310F
APPLICATION FOR PUBLIC ACCESS TO RECORDS
TO: RECORDS ACCESS OFFICER
____________________________________
Name of Agency
____________________________________
Address
I hereby apply to inspect the following record(s) __________________________________________
For the following purpose(s) __________________________________________________________
______________________________
Print Name
____________________________
Signature
________________________________________
Representing
_________________
Date
________________________________________
Mailing Address
**********************************************************************************
For Agency Use Only
 Approved Inspection
 Approved for Copies
Pages at $
per page
Total Received $___________
Denied (for the reason(s) checked below)
 Confidential Disclosure
 Part of Investigatory Files
 Unwarranted Invasion of Personal Privacy
 Record of which this agency is legal custodian cannot be found
 Record is not maintained by this agency
 Exempted by statute other than the Freedom of Information Act
 Other (Specify) __________________________________________________________________
__________________________________________________________________________________
Signature, Records Access Officer
Date
**********************************************************************************
NOTICE: You have a right to appeal a denial of this application to the Superintendent of Schools, who
must fully explain his/her reasons for such denial in writing within ten business days of receipt of an
appeal.
___________________________________________
Name
___________________________________
Business Address
I hereby appeal:
____________________________________________________
Signature
____________________________
Date
2000
2410R
1 of 5
Community Relations
SUBJECT:
RULES AND REGULATIONS FOR THE MAINTENANCE OF PUBLIC
ORDER ON SCHOOL PROPERTY
The Board of Education recognizes that the fundamental purpose of the local schools is to
develop life-long learners who, as they pursue truth, will contribute to humanity out of a sense of
personal self-worth and dignity. The Board also recognizes that the enrichment and, in fact, the very
survival of any group comes about only as its individual members practice self-discipline, and
demonstrate behavior which does not infringe or intrude on basic rights and freedoms of others.
Responsible exercise of individual freedoms means respect for the democratic process and for the
rights of all. Only in an atmosphere of mutual respect, self-restraint, civility and trust among all can
these freedoms flourish.
Thus, the Board of Education is committed to the management of its schools in a manner that is
consistent with the legal and moral rights of all but which neither tolerates nor condones actions or
conduct in violation of our penal statutes. In setting forth the following regulations, nothing herein is
intended, nor shall be construed, to limit or restrict freedom of speech nor peaceful assembly nor any
constitutional or legal individual right. These regulations shall not be construed to prevent or limit
communication between and among staff members (instructional and non-instructional), or to hamper
sound educational practices or to relieve the school system of its special responsibility for selfregulation in the preservation of public order. Their purpose is not to prevent or restrain controversy
and dissent, but to prevent abuse of individuals and to maintain that stable environment appropriate to
a public school system without which there can be no intellectual freedom. These regulations shall be
interpreted and applied to that end.
The following rules are adopted in compliance with Section 2801 of the Education Law. Said
rules shall be subject to amendment or revision and any amendments or revisions thereof shall be filed
with the Commissioner of Education and the Board of Regents within ten days, after adoption of such
amendment or revision.
These rules are not intended to repeal, supersede or preclude any other rules relating to the same
subject matter except to the extent they are inconsistent therewith. These rules shall govern the
conduct of students, faculty and other staff, licensees, invitees, and all other persons, whether or not
their presence is authorized, upon the premises or facilities of the BOCES and also upon or with
respect to any other premises or property, under the control of the BOCES, used in its teaching,
administrative, service, cultural, recreational, athletic and other programs and activities. In the event
that any part or provision of these rules and regulations are invalid, all other remaining provisions
shall remain in full force and effect.
(Continued)
2000
2410R
2 of 5
Community Relations
SUBJECT:
RULES AND REGULATIONS FOR THE MAINTENANCE OF PUBLIC
ORDER ON SCHOOL PROPERTY (Cont’d.)
Prohibited Conduct
Personal injury or physical restraint; property damage
1)
No person, alone or with others, shall:
a. Willfully cause physical injury to any other person, nor threaten to do so for the
purpose of compelling or inducing such other person to refrain from any act which
he/she has a lawful right to do or to do any act which he/she has a lawful right not to
do.
b. Physically restrain or detain any other person nor remove such person from any place
where he/she is authorized to remain.
c. Willfully damage or destroy property of the institution nor remove or use such property
without proper authorization.
d. Willfully take, damage, alter or destroy files, records, documents or other property of
the school without appropriate authorization.
Disruption
1)
No person shall disrupt or prevent the peaceful and orderly conduct of classes, lectures and
meetings or deliberately interfere with the freedom of any person to express his/her views,
including invited speakers.
2)
No person shall obstruct the free movement of persons and vehicles in any place to which these
rules apply.
3)
No person shall enter upon and remain in any building or facility for any purpose other than its
authorized uses or in such manner as to obstruct authorized use by others.
4)
No person shall do anything to disrupt any sports event, social event, or meeting of any sort
conducted by or sponsored by the Nassau BOCES or do anything to prevent others at such
events from their enjoyment thereof.
5)
No person shall willfully incite others to commit any of the acts herein prohibited with specific
intent to procure them to do so.
(Continued)
2000
2410R
3 of 5
Community Relations
SUBJECT:
RULES AND REGULATIONS FOR THE MAINTENANCE OF PUBLIC
ORDER ON SCHOOL PROPERTY (Cont’d.)
Trespassing
1)
No person shall enter without permission any office of any administrative officer, teacher, or
staff member.
2)
No person shall without authorization remain in any building or facility after it is normally
closed.
3)
No person shall refuse to leave any building or facility after being requested to do so by an
authorized BOCES employee.
Weapons
No person shall bring upon any premises to which these rules apply any rifle, shotgun, pistol,
revolver, or other firearm or weapon, unless written authorization for such be obtained in advance
from a building principal or Superintendent.
Visitors
No student shall enter any building except the one where he/she has regularly scheduled classes
and no person shall enter any building except by the entrance nearest to the main office or as otherwise
designated of that building and upon entering shall go directly to said main office to conduct his/her
business or to secure a pass to go to any other part of the building.
Smoking, Drugs and Alcoholic Beverages
Smoking is prohibited in school buildings and on school grounds. No person shall knowingly
have in his/her possession, upon any premises to which these rules apply, any alcoholic beverages
and/or illegal or non-prescribed “controlled substance” (“controlled substance” as defined by Penal
Law Section 220.00).
Penalties
1)
Any student who violates any of the rules of conduct shall be subject to immediate and
appropriate disciplinary action. Such disciplinary action may include one or more of the
following: warning, reprimand, loss of privilege, suspension or expulsion.
(Continued)
2000
2410R
4 of 5
Community Relations
SUBJECT:
RULES AND REGULATIONS FOR THE MAINTENANCE OF PUBLIC
ORDER ON SCHOOL PROPERTY (Cont’d.)
2)
Any licensee or invitee who violates any of the rules of conduct shall have his or her
authorization to remain on the school property withdrawn and shall be directed to leave the
premises. Upon failure or refusal to do so, such person shall be ejected from the school
property and subject to any other appropriate legal process.
3)
Any trespasser or visitor without specific license or invitation who violates any of the rules
of conduct shall be ejected from the school property and subject to any other appropriate
legal process.
4)
Any instructional staff member who violates any of the rules of conduct shall be subject to
the following disciplinary action: warning, censure, compulsory restitution, probation,
suspension without pay, or dismissal (in accordance with Education Law and applicable
collective bargaining agreements).
5)
Any non-instructional staff member who violates any of the rules of conduct shall be
subject to the following disciplinary action: warning, censure, compulsory restitution,
probation, suspension without pay, or dismissal (in accordance with Section 75 of the Civil
Service Law and applicable collective bargaining agreements).
Guidelines
1)
It is not intended by any provision herein to curtail the right of students, faculty or staff to
be heard upon any matter affecting them in their relations with the institution. In the case
of any apparent violation of these rules, the Superintendent or designee may make
reasonable effort to persuade those engaged to use permissible methods for the resolution
of the issue. In doing so, such school official shall warn such persons of the consequences
of persistence in the prohibited conduct, including their removal from any premises of the
institution where their continued presence and conduct are in violation of these rules.
2)
In any case where violation of these rules does not cease after such warning and in other
cases of willful violation of these rules, the Superintendent or designee shall cause the
removal of the violator from any premises which he or she occupies in such violation and
shall initiate disciplinary action as previously provided.
3)
The Superintendent or designee shall inform any violator that his or her license or
invitation is withdrawn and shall direct him or her to leave the school property. Nothing in
the paragraph shall be construed to preclude the authorization of the presence of any such
person at any time prior to a violation nor to affect his or her liability to prosecution for
trespassing or loitering as prescribed in the penal law.
(Continued)
2000
2410R
5 of 5
Community Relations
SUBJECT:
RULES AND REGULATIONS FOR THE MAINTENANCE OF PUBLIC
ORDER ON SCHOOL PROPERTY (Cont’d.)
4)
The Superintendent shall be responsible for the enforcement of these rules and shall
designate administrators and other personnel to take action in accordance with these rules.
When such action has been so taken, either by the Superintendent or designee, the order or
directive so made shall be immediately obeyed by the accused person or persons. Such
accused person or persons, however, shall retain all rights thereafter of review or appeal
afforded him or her by the Education Law, or by any law applicable thereto.
5)
The Superintendent or designee may apply to the public authorities for any aid which he or
she deems necessary in causing the removal of any violator of these rules and may request
the Nassau BOCES Board of Education to apply to any court of appropriate jurisdiction for
an injunction to restrain the violation or threatened violation of these rules or use any other
legal process available to enforce these rules.
Review
The provisions of this regulation will be reviewed periodically to assess their timeliness and
pertinence.
2000
2410P
Community Relations
SUBJECT:
THE MAINTENANCE OF PUBLIC ORDER ON SCHOOL PROPERTY
Responsibility
Administrator/Designee
Action
1)
a. Determines if person(s) is/are in violation of
the rules.
b. Determines the cause of the conduct in
question and makes a reasonable effort to
persuade those engaged in the conduct to
desist. He/she must try to resort to permissible
methods for the resolution of any issues which
may be presented.
c. Tells the person(s) that their conduct is in
violation of these rules and warns the
person(s) involved in the conduct of the
consequences if they persist in the prohibited
conduct.
d. If they refuse to discontinue their conduct,
ejects the person(s) from the premises where
the conduct is taking place.
e. May apply to the public authorities for any aid
he/she deems necessary in causing the ejection
of any violator of the rules.
f. May request school counsel to apply any legal
course of action to the violators.
School Counsel
2)
Assists in application to court of appropriate
jurisdiction for an injunction to restrain the
violation or threatened violation of these rules,
subject to provisions of applicable law.
Administrator/Designee
3)
If violator is a student or an employee of the
BOCES,
applies
appropriate
disciplinary
procedures.
4)
Informs and submits a written report to the Board.
2000
2410P.1
Community Relations
SUBJECT:
VANDALISM PROTECTION
Responsibility
Action
Employee
1)
Reports damage or act of vandalism to the
principal.
Principal/Administrator/Designee
2)
a. Investigates damage or act of vandalism.
b. Reports findings of the investigation to the
Superintendent.
Superintendent/Designee
3)
a. Determines the extent (if any) of police
involvement.
b. Notifies parents/guardians and student (if
known) and confers with them regarding
damages done.
c. Submits a description of damages and a bill
for
their
repair
to
the
student/parents/guardians.
Student/Parents/Guardians
4)
a. Agrees to pay for damages.
or
b. Agrees to work for the BOCES until the debt
is paid.
or
c. Refuses to provide restitution.
Superintendent/Designee
5)
Initiates legal action if option 4(c) is exercised by
the students/parents/guardians.
2410F
VANDALISM, BURGLARY, THEFT, OR ILLEGAL ENTRANCE REPORT
(Report to Facilities Director immediately)
DATE _______________________________
1)
School Building _______________________________________________________________
2)
Principal/Administrator _________________________________________________________
3)
Name of employee who reported the incident ________________________________________
Title _______________________________
4)
Date Incident occurred: ________________
5)
Approximate time of Incident: ___________
6)
Remarks (Include a complete description of the event; damage to equipment, floors, windows,
etc. State when event or damage was discovered and to whom it was reported).
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
(use back of the form for additional comments)
7)
Estimated Cost __________________________
8)
Final Disposition _______________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
________________________________________
Facilities Director
Copies to:
Superintendent
Business Manager
Principal/Administrator
2005
2412R
1 of 2
Community Relations
SUBJECT:
EARLY WARNING SIGNS OF STUDENT VIOLENCE
While it is not always possible to predict behavior that will lead to violence, staff members can
recognize certain early warning signs. It is the responsibility of all staff to help ensure a safe school
environment, and to inform the building principal when such staff member is aware of and/or notices a
student who may be potentially violent.
Early Warning signs
The following early warning signs are offered as an aid in identifying and referring students who
may be potentially violent and are in need of help. It is important to note that these early warning
signs are not equally significant and are not presented in order of seriousness. Furthermore, it is
inappropriate, and potentially harmful, to use the following warning signs as a checklist against which
to match individual students. Staff are to use the early warning signs for identification and referral
purposes only; it is the responsibility of trained professionals to make diagnoses in consultation with
the student’s parents or guardians.
The early warning signs include, but are not limited to, the following:
1.
Social withdrawal.
2.
Excessive feelings of isolation and being alone.
3.
Excessive feelings of rejection.
4.
Being a victim of violence.
5.
Feelings of being picked on and persecuted.
6.
Low school interest and poor academic performance.
7.
Expression of violence in writings and drawings.
8.
Uncontrolled anger.
9.
Patterns of impulsive and chronic hitting, intimidating, and bullying behaviors.
10. History of discipline problems.
11. Past history of violent and aggressive behavior.
12. Intolerance for differences and prejudicial attitudes.
(Continued)
2005
2412R
2 of 2
Community Relations
SUBJECT:
EARLY WARNING SIGNS OF STUDENT VIOLENCE (Cont’d.)
13. Drug use and alcohol use.
14. Affiliation with gangs.
15. Inappropriate access to, possession of, and use of firearms.
16. Threats of violence.
Student Referrals
Staff members who observe any of the above warning signs in a student, and who believe that
such student is a threat to himself/herself and/or others, or may display aggressive rage or violent
behavior, shall immediately notify the building principal. As deemed necessary and/or appropriate,
the principal will contact the following individuals: the student’s parents/guardians; the school
psychologist and/or counselor; and the Director of Special Education, if applicable, in order to discuss
the student’s behavior and implement a plan of appropriate intervention as may be necessary.
The Superintendent will be kept informed as to any actions taken by the building principal.
2000
3000
Nassau BOCES
SECTION II
ADMINISTRATION
NUMBER
EVALUATION OF THE DISTRICT SUPERINTENDENT AND OTHER
ADMINISTRATIVE STAFF
Regulation: Superintendent’s Evaluation ....................................................................... 3120R
Regulation: Observation/Evaluation Formats................................................................. 3120R.1
Form: Educational Administrator Evaluation Report ..................................................... 3120F
Form: Technical Administrator Evaluation Report ........................................................ 3120F.1
Form: Evaluation of Administrator Career Level proficiency ....................................... 3120F.2
2000
3120R
Administration
SUBJECT:
SUPERINTENDENT’S EVALUATION
The Board of Education shall evaluate the Superintendent’s performance as follows:
1)
Once each year, the Board and Superintendent will jointly review the Superintendent’s job
description to ensure that it accurately reflects both Board expectations and the realities of
the Superintendent’s day-to-day responsibilities. To the extent that there are discrepancies,
the job description will be modified.
2)
The Board will prepare a written evaluation of his/her performance based on:
a. Strengths and weaknesses identified by the Board in fulfilling responsibilities set forth
in the job description.
b. Other concerns agreed on by the Board.
The written evaluation may contain dissenting opinions and the Superintendent’s
response, as an attachment. It will be signed by the Board President and the
Superintendent and one copy shall be placed in the Superintendent’s personnel file. A
duplicate copy will be retained by the Board President (or other designated individual,
such as the Board Attorney).
3)
All evaluation meetings will be in executive session and all evaluation reports will be
considered confidential.
2000
3120R.1
1 of 4
Administration
SUBJECT:
OBSERVATION/EVALUATION FORMATS
Objectives
1)
To provide all staff with an appropriate annual statement of performance appraisal, in
compliance with state requirements as well as good practice;
2)
To provide the administrative resources necessary for quality supervision and evaluation of
non-tenured teaching and administrative staff, as well as more intensive supervision and
evaluation of at-risk tenured staff;
3)
To simplify the forms and processes of observation and evaluation;
4)
To clarify the outcome of the evaluation process for teachers and administrators.
Guidelines for Evaluations
The guidelines and areas of focus for each employee type are stated below. The evaluation
process for all employees will include mutual goal-setting, monitoring of progress toward meeting
the goals, and evaluation regarding the accomplishment of the goals.
Frequency of Evaluations
Satisfactory tenured employees will periodically be evaluated more comprehensively than the
following minimum requirements:
Administrators: *Optional formats may be used, including portfolio self-evaluations
1)
2)
3)
Tenured Administrators - minimum once per year
“At risk” Tenured Administrators - an unsatisfactory rating on the prior year’s evaluation
requires more intensive supervision, including an interim mid-year evaluation
Non Tenured Administrators - more intensive supervision, including an interim mid-year
evaluation
*See Guidelines for Evaluation of Educational and Technical Administrators
Guidelines for Evaluation of Educational Administrators
Educational Administrator evaluations have optional formats, including:
1)
2)
3)
Fall, winter, spring mini-reports by supervisor with administrator.
Portfolio self-evaluation based on fall meeting and reviewed in winter and spring.
Other formats as mutually agreed by participants and division leader.
(Continued)
2000
3120R.1
2 of 4
Administration
SUBJECT:
OBSERVATION/EVALUATION FORMATS (Cont’d.)
Tenured Educational Administrators
Minimum once per year.
evaluated more comprehensively.
However, satisfactory tenured administrators will periodically be
At-Risk Tenured Educational Administrators
As per the 2005-2009 Memorandum of Agreement with the Educational Administrator bargaining
unit, the following are the steps and procedures that are to be followed:
1) Educational Administrators will be evaluated according to guidelines contained in Board
Policy 3120, Evaluations of District Superintendent and Other Administrative Staff and
Regulation 3120R.1.
2) An administrator who is at-risk of receiving an “unsatisfactory” evaluation due to
performance will be informed by their supervisor as soon as possible or at their next regular
meeting in the fall, winter, or spring as per Regulation 3120R.1.
3) An improvement plan will be developed, with input from the educational administrator, by
the supervisor. This plan will be reviewed and updated each subsequent meeting that school
year as scheduled by the supervisor.
4) The supervisor of an educational administrator who is at-risk of receiving an
“unsatisfactory” rating will review the progress on the improvement plan with the administrator
and inform them verbally and in writing no later than May 31 about their rating for the current
school year.
5) An educational administrator who receives an “unsatisfactory” rating on the prior year’s
evaluation will receive a mid-year evaluation from their supervisor the next school year.
(Continued)
2000
3120R.1
3 of 4
Administration
SUBJECT:
OBSERVATION/EVALUATION FORMATS (Cont’d.)
6) An educational administrator who has not received an annual salary increase on July 1 due
to an “unsatisfactory” rating for the prior year will qualify for fifty (50%) percent of the “lost
increase” (from year one only) upon
receiving “satisfactory” ratings for each of the next two (2) school years. If the administrator
then receives a “satisfactory” rating in each of the third (3rd) and fourth (4th) years, they will
qualify for the other fifty (50%) percent of the “lost increase” (from year one only).
Non-Tenured Educational Administrators
More intensive supervision, including an interim mid-year evaluation.
Planning Phase - Late Spring or Summer Preceding the Year to be Evaluated or Early Fall
1)
2)
3)
4)
Review job description;
Mutually agree upon goals;
Diagnose status of current performance;
Develop Professional Development Plan.
Mid-Year Evaluation - Winter
1)
2)
3)
Review Professional Development Plan;
Administrator and appraiser monitor achievement of goals, objectives and action plans;
Administrator and appraiser have interim conference as needed.
Year-End Evaluation - Late Spring
1)
2)
Administrator and appraiser confer to review achievement of goals, objectives, and Professional
Development Plan;
Appraiser completes Summative Evaluation Report.
(Continued)
2000
3120R.1
4 of 4
Administration
SUBJECT:
OBSERVATION/EVALUATION FORMATS
Guidelines for Evaluation of Technical Administrators
Technical Administrator evaluations have optional formats, including:
1)
2)
3)
Fall, winter, spring mini-reports by supervisor with administrator.
Portfolio self-evaluation based on fall meeting and reviewed in winter and spring.
Other formats as mutually agreed by participants and division leader.
Tenured Technical Administrators
Minimum once per year.
evaluated more comprehensively.
However, satisfactory tenured administrators will periodically be
Non-Tenured and At-Risk Tenured Technical Administrators
More intensive supervision, including an interim mid-year evaluation.
Planning Phase - Late Spring or Summer Preceding the Year to be Evaluated or Early Fall
1)
2)
3)
4)
Review job description;
Mutually agree upon goals;
Diagnose status of current performance;
Develop Professional Development Plan.
Mid-Year Evaluation - Winter
1)
2)
3)
Review Professional Development Plan;
Administrator and appraiser monitor achievement of goals, objectives and action plans;
Administrator and appraiser have interim conference as needed.
Year-End Evaluation - Late Spring
1)
2)
Administrator and appraiser confer to review achievement of goals, objectives, and Professional
Development Plan;
Appraiser completes Summative Evaluation Report.
Revised: 8/3/10
3120F
SCHOOL YEAR:
20____ - 20____
SUMMATIVE EVALUATION RATING
(check one):
____ Satisfactory
____ Unsatisfactory
EDUCATIONAL ADMINISTRATOR EVALUATION REPORT
Directions:
Follow the guidelines in Regulation #3120R.1. Complete all information of this form.
Attach copy of narrative evaluation statement. A “satisfactory” Summative Evaluation Rating is required
in order to receive a salary increase for the following year.
______________________________________
___________________________________________
NAME OF EMPLOYEE (Print or Type)
NAME OF APPRAISER (Print or Type)
______________________________________
___________________________________________
TITLE OF POSITION/LOCATION
TITLE OF POSITION
STATUS (Check One):
____ Probationary
____ Tenured
AREAS OF FOCUS (Some or all of the following areas may be considered as applicable)
1.
Professional Knowledge and Growth - Has information needed to function as an educational leader; Demonstrates
professional growth by staying current in new trends and approaches in the field (including knowledge and application
of technology), and by disseminating ideas and information to other professionals; Uses evaluative information for
improvement of performance.
2.
Personnel Management and Leadership - Manages personnel effectively through activities such as delegating
appropriately, encouraging personal and professional growth and leadership among staff, and effectively evaluating the
job performance of subordinates; Shows initiative; Promotes and supports goals of the agency and the program.
3.
Administration and Fiscal Management - Ability to plan, implement and evaluate programs; Manages administrative and
fiscal functions responsibly; Fulfills assignments in timely and accurate manner.
4.*
Instructional Management - Promotes improvement of instruction through activities such as monitoring student
attendance and achievement, assisting teachers in designing learning experience for students, encouraging the
development of innovative instructional programs, and facilitating the planning and application of emerging technologies
in the classroom/program.
5.*
Student Management - Promotes positive student conduct by collaborating with faculty, parents, and agencies to develop
and communicate guidelines for student conduct, and ensuring that the guidelines are observed fairly and uniformly.
6.
Professional Conduct - Conducts oneself in an ethical and professional manner; decisions reflect sound professional
judgment, and supports Board policy, procedures, and practice.
7.
Communication - Ability to effectively communicate and collaborate with parents, public and non-public schools, state
and local agencies, and colleges and universities.
*May only apply to assignments in instructional settings.
______________________________________
SIGNATURE OF EMPLOYEE**
______________________________________
___________________________________________
SIGNATURE OF APPRAISER
DATE OF POST-CONFERENCE
**This signature indicates that the report was received and reviewed. It does not necessarily denote agreement employee
comments may be made on an additional page and attached.
3120F.1
1 of 2
SCHOOL YEAR:
20____ - 20____
SUMMATIVE EVALUATION RATING
(check one):
____ Satisfactory
____ Unsatisfactory
TECHNICAL ADMINISTRATOR EVALUATION REPORT
Directions:
Follow the guidelines in Regulation #3120R.1. Complete all information of this form.
Attach copy of narrative evaluation statement. A “satisfactory” Summative Evaluation Rating is
required in order to receive a salary increase for the following year.
______________________________________
NAME OF EMPLOYEE (Print or Type)
________________________________________
NAME OF APPRAISER (Print or Type)
______________________________________
TITLE OF POSITION/LOCATION/DIVISION
________________________________________
TITLE OF POSITION
STATUS (Check One):
____ Probationary
Evaluation Date __________________
____ Tenured
Evaluation Date __________________
AREAS OF FOCUS FOR EVALUATION OF TECHNICAL ADMINISTRATORS (Some or all of
the following areas may be considered as applicable)
1.
Professional Knowledge and Growth - Has information needed to function as a leader;
demonstrates technical competence by responding efficiently and effectively; Demonstrates
professional growth by staying current in new trends and approaches in the field (including
knowledge and application of technology), and by disseminating ideas and information to other
professionals; Uses evaluative information for improvement of performance.
2.
Personnel Management and Leadership - Manages personnel effectively through activities such
as delegating appropriately, encouraging personal and professional growth and leadership among
staff, and effectively evaluating the job performance of subordinates; Shows initiative; Promotes
and supports goals of the agency and the program.
3.
Administration and Fiscal Management - Ability to plan, implement and evaluate programs;
Manages administrative and fiscal functions responsibly; Fulfills assignments in timely and
accurate manner.
4.
Professional Conduct - conducts oneself in an ethical and professional manner; decisions reflect
sound professional judgment, and supports Board policy, procedures, and practice.
(Continued)
3120F.1
2 of 2
TECHNICAL ADMINISTRATOR EVALUATION REPORT (Cont’d.)
5.
Communication - Ability to effectively communicate and collaborate with parents, public and
non-public schools, state and local agencies, and colleges and universities.
6.*
Instructional Management - Promotes improvement of instruction through activities such as
monitoring student attendance and achievement, assisting teachers in designing learning
experience for students, encouraging the development of innovative instructional programs, and
facilitating the planning and application of emerging technologies in the classroom/program.
7.*
Student Management - Promotes positive student conduct by collaborating with faculty, parents,
and agencies to develop and communicate guidelines for student conduct, and ensuring that the
guidelines are observed fairly and uniformly.
*May only apply to assignments in instructional settings.
______________________________________
SIGNATURE OF EMPLOYEE**
________________________________________
SIGNATURE OF APPRAISER
______________________________________
DATE OF POST-CONFERENCE
**This signature indicates that the report was received and reviewed. It does not necessarily denote
agreement. Employee comments may be made on an additional page and attached.
3120F.2
EVALUATION OF ADMINISTRATOR CAREER LEVEL PROFICIENCY
After 5 years in the position, this administrator
has been evaluated for Career Level merit and is:
(check one)
_________ Recommended
_________ Not Recommended
To be completed by Human Resources Department:
Salary Adjustment _________________________
Effective Date _____________________________
NAME OF EMPLOYEE ________________________
TITLE OF POSITION _______________________
LOCATION __________________________________
DEPARTMENT ___________________________
TO BE RECOMMENDED FOR FULL PROFESSIONAL PROFICIENCY AND TO OBTAIN THE CAREER
LEVEL SALARY ADJUSTMENT, THE ADMINISTRATOR MUST MEET ALL OF THE FOLLOWING
CRITERIA AND HAVE BEEN EMPLOYED IN THE CURRENT POSITION FOR 5 YEARS.
MINIMUM CRITERIA FOR CAREER LEVEL PROFICIENCY
1.
This administrator thoroughly understands the duties and responsibilities of the job, has a solid grasp of
the position and takes initiative to act independently.
2.
This administrator is a highly productive contributor to the organization, who works efficiently and
volunteers to take on extra assignments. If necessary, he/she reorganizes prior commitments and makes
necessary adjustments to successfully complete new assignments. He/she routinely carries a heavy
workload while meeting all required commitments. He/she work effectively as a member of the
departmental team.
3.
This is a highly focused administrator who gets outstanding results. This administrator expertly
manages competing demands on his/her time and remains focused on key objectives.
4.
This administrator uses his/her experience and knowledge to make decisions which consistently
demonstrate a high commitment to quality.
5.
This administrator establishes challenging goals that result in significant contributions to the department
and to the Strategic Plan of the agency. When appropriate, he/she develops systems that further
improve the efficiency and effectiveness of the organization.
6.
This administrator adapts to rapidly changing situations and uses his/her judgement, experience, and
positive outlook to lead others.
7.
This administrator takes an active mentoring role in guiding the individual growth and development of
those he/she supervises.
Comments:
________________________
Employee Signature/Date*
____________________________
Executive Director Signature/Date
____________________________
Superintendent/Designee Signature
*This signature indicates that the report was received and reviewed. It does not necessarily denote agreement.
Employee comments may be made on an additional page and attached.
2000
4000
Nassau BOCES
SECTION III
NON-INSTRUCTIONAL/
BUSINESS OPERATIONS
NUMBER
BUDGET PLANNING AND DEVELOPMENT
Regulation ........................................................................................................................ 4110R
INVESTMENTS
Regulation: Investment Guidelines................................................................................. 4210R
PRINCIPLES OF PURCHASING
Regulation: Purchasing Rules and Regulations .............................................................. 4310R
Regulation: Purchasing: Vendor Business Guidelines ................................................... 4310R.1
Regulation: Procurement Guidelines .............................................................................. 4310R.2
Form: Requisition ........................................................................................................... 4310F
Form: Interoffice Billing/Credit Advice ......................................................................... 4310F.1
COMPETITIVE BIDS AND QUOTATIONS
Regulation: Competitive Purchasing of Goods and Services ......................................... 4311R
Regulation: Criteria for Awarding Contracts to the Lowest Responsible Bidder .......... 4311R.1
PERSONAL PROPERTY ACCOUNTABILITY
Regulation ........................................................................................................................ 4320R
Form: Transfer of Fixed Assets Form ............................................................................ 4320F
Form: Disposal of Fixed Assets Form ............................................................................ 4320F.1
SALE/DISPOSAL OF BOCES PROPERTY
Regulation: ....................................................................................................................... 4431R
Form: Disposal of Fixed Assets...................................................................................... 4431F
Form: Transfer of Fixed Assets ...................................................................................... 4431F.1
2001
4000
Nassau BOCES
SECTION III
NON-INSTRUCTIONAL/
BUSINESS OPERATIONS (Cont’d.)
NUMBER
EXTRACURRICULAR ACTIVITY FUNDS
Regulation: ....................................................................................................................... 4443R
PETTY CASH FUNDS AND CASH IN SCHOOL BUILDINGS
Regulation: Petty Cash Funds ......................................................................................... 4450R
FACILITIES: INSPECTION, OPERATION AND MAINTENANCE
Regulation: Operation and Maintenance of Facilities .................................................... 4511R
Form: Custodial Repair Work Request........................................................................... 4511F
Form: Facility Damage/Loss Report .............................................................................. 4511F.1
USE OF NASSAU BOCES VEHICLES
Regulation ........................................................................................................................ 4521.2R
DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND OTHER
SAFETY-SENSITIVE EMPLOYEES
Regulation ........................................................................................................................ 4521.3R
SAFETY AND SECURITY
Regulation: Regulations and Regulatory Agencies that Affect
BOCES Facilities and Employees .............................................................. 4530R
Regulation: Building Security ........................................................................................ 4530R.1
Regulation: Hazard Communication Program................................................................ 4530R.2
Regulation: Hazardous Materials ................................................................................... 4530R.3
SAFETY AND HEALTH MANAGEMENT
Regulation: Program Responsibilities ............................................................................ 4540R
EMERGENCY MANAGEMENT PLAN
Regulation: Emergency Management Plan Guidelines .................................................. 4542R
Form: BOCES Emergency Planning Checklist .............................................................. 4542F
Form: BOCES Department Chain of Command Phone List .......................................... 4542F.1
2002
4000
Nassau BOCES
SECTION III
NON-INSTRUCTIONAL/
BUSINESS OPERATIONS (Cont’d.)
NUMBER
COMMUNICABLE DISEASES
Regulation ........................................................................................................................ 4543R
PUBLIC ACCESS DEFIBRILLATION (“PAD”) PROGRAM
Regulation ........................................................................................................................ 4545R
EXPOSURE CONTROL PROGRAM
Regulation: Exposure Control Program: Responsibilities of the
School Administrator .................................................................................. 4560R
Regulation: Staff Education/Training ............................................................................. 4560R.1
Regulation: Universal Precautions for Handling Blood and Body Fluids in
BOCES Facilities ........................................................................................ 4560R.2
Form: Universal Precautions Inservice Attendance Record ........................................... 4560F
Form: Blood and Body Fluids Incident Form................................................................. 4560F.1
RECORDS MANAGEMENT
Regulation ........................................................................................................................ 4570R
Password Security............................................................................................................ 4581R
Computer and Peripheral Equipment Replacement ......................................................... 4582R
Termination of Computer Access for Security Reasons.................................................. 4584R
Financial Network Computer Software ........................................................................... 4586R
2005
4110R
Non-Instructional/Business
Operations
SUBJECT:
BUDGET PLANNING AND DEVELOPMENT
The following annual deadlines are established by law for the submission of requests for
services, their approval by the State Education Department, and for budget presentation and adoption:
Component BOCES file requests for services during ............................................. January
BOCES submits proposed annual operating plan for ensuing year to
State Education Department by ............................................................................... February 15
SED notifies BOCES of services approved, and BOCES
notifies component districts by ................................................................................ March 10
Board presents tentative budget at annual BOCES meeting ................................... Month of April
Component districts notify BOCES of intention to participate/not
participate in various services by............................................................................. May 1
Board adopts its final administrative, capital, and program budgets by.................. May 15
Board submits operating plan and services budget to Commissioner by ................ June 1
Copy of contracts for all services to local BOCES filed with Commissioner by .... August 1
2000
4210R
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Operations
SUBJECT:
INVESTMENT GUIDELINES
Scope
This investment regulation applies to all moneys and other financial resources available for
investment on behalf of the BOCES or on behalf of any other entity or individual.
Objectives
The primary objectives of the local government's investment activities are, in priority order:
1)
To conform with all applicable federal, state and other legal requirements (legal).
2)
To adequately safeguard principal (safety).
3)
To provide sufficient liquidity to meet all operating requirements (liquidity).
4)
To obtain a reasonable rate of return (yield).
Delegation of Authority
The Board of Education’s responsibility for administration of the investment program is
delegated to the Treasurer or Deputy Treasurer who shall follow appropriate procedures for the
operation of the investment program consistent with investment guidelines. Such procedures shall
include an adequate internal control structure to provide a satisfactory level of accountability based on
a data base or records incorporating description and amounts of investments, transaction dates, and
other relevant information and regulate the activities of subordinate employees.
Prudence
All participants in the investment process shall seek to act responsibly as custodians of the public
trust and shall avoid any transaction that might impair public confidence in the Nassau BOCES to
govern effectively.
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the safety of the principal as well as the probable
income to be derived.
All participants involved in the investment process shall refrain from personal business activity
that could conflict with proper execution of the investment program, or which could impair their
ability to make impartial investment decisions.
(Continued)
2000
4210R
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Non-Instructional/Business
Operations
SUBJECT:
INVESTMENT GUIDELINES (Cont'd.)
Diversification
It is the policy of the Nassau BOCES to diversify its deposits and investments by financial
institution, by investment instrument, and by maturity scheduling.
Internal Controls
It is the policy of the Nassau BOCES for all moneys collected by any officer or employee of the
BOCES to transfer those funds to the Treasurer or Deputy Treasurer within five working days of
deposit, or within the time period specified in law, whichever is shorter.
The Treasurer or Deputy Treasurer is responsible for establishing and maintaining an internal
control structure to provide reasonable, but not absolute, assurance that deposits and investments are
safeguarded against loss from unauthorized use or disposition, that transactions are executed in
accordance with management's authorization and recorded properly, and are managed in compliance
with applicable laws and regulations.
Designation of Depositories
The banks and trust companies authorized for the deposit of moneys up to the following
maximum amounts are:
Depository Name
Maximum Amount
Officer
___________________________
________________
___________________________
___________________________
________________
___________________________
___________________________
________________
___________________________
These Depositories may vary from year to year and are reestablished yearly at the
Reorganization Meeting.
(Continued)
2000
4210R
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Non-Instructional/Business
Operations
SUBJECT:
INVESTMENT GUIDELINES (Cont'd.)
Collateralizing of Deposits
In accordance with the provisions of General Municipal Law, Section 10, all deposits of the
Nassau BOCES, including certificates of deposit and special time deposits, in excess of the amount
insured under the provisions of the Federal Deposit Insurance Act shall be secured:
1)
By a pledge of “eligible securities” with an aggregate “market value”, as provided by
General Municipal Law, Section 10, equal to the aggregate amount of deposits from the
categories designated in Appendix A of this regulation.
2)
By an eligible “irrevocable letter of credit” issued by a qualified bank other than the bank
with the deposits in favor of the BOCES for a term not to exceed 90 days with an aggregate
value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if
any. A qualified bank is one whose commercial paper and other unsecured short-term debt
obligations are rated in one of the three highest rating categories by at least one nationally
recognized statistical rating organization or by a bank that is in compliance with applicable
federal minimum risk-based capital requirements.
3)
By an eligible surety bond payable to the BOCES for an amount at least equal to 100% of
the aggregate amount of deposits and the agreed upon interest, if any, executed by an
insurance company authorized to do business in New York State, whose claims-paying
ability is rated in the highest rating category by at least two nationally recognized statistical
rating organizations.
Safekeeping and Collateralization
Eligible securities used for collateralizing deposits shall be held by the depository and/or a third
party bank or trust company subject to security and custodial agreements.
The security agreement shall provide that eligible securities are being pledged to secure BOCES
deposits together with agreed upon interest, if any, and any costs or expenses arising out of the
collection of such deposits upon default. It shall also provide the conditions under which the securities
may be sold, presented for payment, substituted or released, and the events which will enable the local
government to exercise its rights against the pledged securities. In the event that the securities are not
registered or inscribed in the name of the BOCES, such securities shall be delivered in a form suitable
for transfer or with an assignment in blank to the Nassau BOCES or its custodial bank.
(Continued)
2000
4210R
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Non-Instructional/Business
Operations
SUBJECT:
INVESTMENT GUIDELINES (Cont'd.)
The custodial agreement shall provide that securities held by the bank or trust company, or agent
of and custodian for, the BOCES, will be kept separate and apart from the general assets of the
custodial bank or trust company and will not, in any circumstances, be commingled with or become
part of the backing for any other deposit or other liabilities. The agreement should also describe that
the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall
provide for the frequency of revaluation of eligible securities and for the substitution of securities
when a change in the rating of a security may cause ineligibility. Such agreement shall include all
provisions necessary to provide the BOCES a perfected interest in the securities.
Permitted Investments
As authorized by General Municipal Law, Section 11, the Nassau BOCES authorizes the
Treasurer or Deputy Treasurer to invest moneys not required for immediate expenditure for terms not
to exceed its projected cash flow needs in the following types of investments:
1)
2)
3)
4)
5)
6)
7)
8)
9)
Special time deposit accounts;
Certificates of deposit;
Obligations of the United States of America;
Obligations guaranteed by agencies of the United States of America where the payment of
principal and interest are guaranteed by the United States of America;
Obligations of the State of New York;
Obligations issued pursuant to Local Finance Law Section 24.00 or 25.00 (with approval of
the State Comptroller) by any municipality, BOCES or BOCES corporation other than the
Nassau BOCES;
Obligations of public authorities, public housing authorities, urban renewal agencies and
industrial development agencies where the general State statutes governing such entities or
whose specific enabling legislation authorized such investment;
Certificates of Participation (COPs) issued pursuant to General Municipal Law, Section
109-b;
Obligations of this BOCES, but only with any moneys in a reserve fund established
pursuant to General Municipal Law, Sections 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m, or
6-n.
All investment obligations shall be payable or redeemable at the option of the Nassau BOCES
within such times as the proceeds will be needed to meet expenditures for purposes for which the
moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes,
shall be payable or redeemable at the option of the Nassau BOCES within two years of the date of
purchase.
(Continued)
2000
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SUBJECT:
INVESTMENT GUIDELINES (Cont'd.)
Authorized Financial Institutions and Dealers
The Nassau BOCES shall maintain a list of financial institutions and dealers approved for
investment purposes and establish appropriate limits to the amount of investments which can be made
with each financial institution or dealer. All financial institutions with which the BOCES conducts
business must be credit worthy. Banks shall provide their most recent Consolidated Report of
Condition (Call Report) at the request of the Nassau BOCES. Security dealers not affiliated with a
bank shall be required to be classified as reporting dealers affiliated with the New York Federal
Reserve Bank, as primary dealers. The Treasurer or Deputy Treasurer is responsible for evaluating the
financial position and maintaining a listing of proposed depositories, trading partners and custodians.
Such listing shall be evaluated at least annually.
Purchase of Investments
The Treasurer or Deputy Treasurer is authorized to contract for the purchase of investments:
1)
Directly, including through a repurchase agreement, from an authorized trading partner.
2)
By participation in a cooperative investment program with another authorized
governmental entity pursuant to Article 5-G of the General Municipal Law where such
program meets all the requirements set forth in the Office of the State Comptroller Opinion
No.88-46, and the specific program has been authorized by the BOCES.
3)
By utilizing an ongoing investment program with an authorized trading partner pursuant to
a contract authorized by the BOCES.
All purchased obligations, unless registered or inscribed in the name of the BOCES, shall be
purchased through, delivered to and held in the custody of a bank or trust company. Such obligations
shall be purchased, sold or presented for redemption or payment by such bank or trust company only
in accordance with prior written authorization from the officer authorized to make the investment. All
such transactions shall be confirmed in writing to the Nassau BOCES by the bank or trust company.
Any obligation held in the custody of a bank or trust company shall be held pursuant to a written
custodial agreement as described in General Municipal Law, Section 10.
The custodial agreement shall provide that securities held by the bank or trust company, as agent
of and custodian for, the BOCES, will be kept separate and apart from the general assets of the
custodial bank or trust company and will not, in any circumstances, be commingled with or become
part of the backing for any other deposit or other liabilities. The agreement shall describe how the
custodian shall confirm the receipt and release of the securities. Such agreement shall include all
provisions necessary to provide the BOCES a perfected interest in the securities.
(Continued)
2000
4210R
6 of 7
Non-Instructional/Business
Operations
SUBJECT:
INVESTMENT GUIDELINES (Cont'd.)
Repurchase Agreements
Repurchase agreements are authorized subject to the following restrictions:
1)
All repurchase agreements must be entered into or subject to a Master Repurchase
Agreement.
2)
Trading partners are limited to banks or trust companies authorized to do business in New
York State and primary reporting dealers.
3)
Obligations shall be limited to obligations of the United States of America and obligations
guaranteed by agencies of the United States of America.
4)
No substitution of securities will be allowed.
5)
The custodian shall be a party other than the trading partner.
(Continued)
2000
4210R
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Non-Instructional/Business
Operations
APPENDIX A
Schedule of Eligible Securities
(i) Obligations issued, or fully insured or guaranteed as to the payment of principal and
interest, by the United States of America, an agency thereof or a United States government
sponsored corporation.
(ii) Obligations issued or fully insured or guaranteed by the State of New York, obligations
issued by a municipal corporation, BOCES, or BOCES corporation of such State or
obligations of any public benefit corporation which under a specific State statute may be
accepted as security for deposit of public moneys.
(iii) Obligations issued by states (other than the State of New York) of the United States
rated in one of the three highest rating categories by at least one nationally recognized
statistical rating organization.
(iv) Obligations of counties, cities and other governmental entities of a state other than the
State of New York having the power to levy taxes that are backed by the full faith and
credit of such governmental entity and rated in one of the three highest rating categories by
at least one nationally recognized statistical rating organization.
(v) Zero coupon obligations of the United States government marketed as “Treasury
strips.”
2003
4310R
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Non-Instructional/Business
Operations
SUBJECT:
PURCHASING RULES AND REGULATIONS
1)
The Board of Education shall appoint individuals to act as Purchasing Agent and Assistant
Purchasing Agent at the Annual Organizational Meeting.
2)
No purchase order can, or will be, executed without a properly filled out and approved
requisition.
3)
All requisitions must be approved by the Purchasing Agent or Assistant Purchasing Agent.
4)
Forms issued by the Purchasing Agent or approved electronic requisition procedures utilizing the
People Soft financial management system may be used for requisitions. Requisition forms are
available in the Purchasing Office.
Procedure:
1)
Fill out requisition form(s) with all required information and send form(s) to the Purchasing
Agent.
2)
All purchase orders will be signed by the Purchasing Agent or Assistant Purchasing Agent
before issuance.
3)
Requisitions should not be confused with budget requests, which are completed during the
budget preparation process.
Procedure for Management Controls of Consultant’s Contract:
1)
Initial requisition/purchase order request approved by program/department administrator.
2)
Copy of contract indicating fee structure and/or requirements must be forwarded to the Executive
Director and compared to the requisition entered into the PeopleSoft system before the
requisition can receive electronic approval from the Executive Director.
3)
The Executive Director must forward a copy of the contract indicating structure and/or
requirements to the Purchasing Agent.
4)
Consultant purchase orders cannot be closed or amended without approval of the Purchasing
Agent. All supporting documentation such as claims and contract amendments must be
forwarded to the Purchasing Agent to support requests to close or amend such purchase orders.
(Continued)
2003
4310R
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Non-Istructional/Business
Operations
SUBJECT:
PURCHASING RULES AND REGULATIONS (Cont’d.)
5)
Prior to approval by the Purchasing Agent, a review is performed to verify that the contract
amount agrees to the purchase order requested. For amended purchase orders, a verification is
performed so that any amendments are accurately reflected on the amended purchase order and
District Superintendent and Board approval are obtained prior to the release of the amended
purchase order.
6)
Where items identified above and where documentation is lacking, the Purchasing Agent or the
Assistant Purchasing Agent will return the proposed amendment to the Executive Director for
additional information.
7)
The above procedures apply to all consultants requiring approval by the Nassau BOCES
whereby the Board must approve all consultants as per Policy # 5151.1.
Revised 5/03
2000
4310R.1
Non-Instructional/Business
Operations
SUBJECT:
PURCHASING: VENDOR BUSINESS GUIDELINES
1)
Vendor, as defined for this regulation, includes any business, organization, or individual doing
business with the BOCES; any of its organizations, or employees; and student organizations,
approved to operate within the policies and regulations of the BOCES.
2)
The Board shall not enter into contracts with vendors and/or sales representatives in which an
individual Board member, school official or employee is in a position to benefit personally from
the exercise of his/her official authority with respect to that contract. Any violation of this
regulation would bar the vendor from doing business with the BOCES.
3)
Any vendor or contractor may be included to do business upon request unless, in the judgment of
the BOCES, the vendor has failed to perform satisfactorily on previous contracts or business.
4)
The Purchasing Office shall develop, maintain, and upon request provide the name of potential
vendors and bidders for various types of materials, equipment, and supplies to schools and
organizations.
5)
All staff and students will comply with the BOCES’ procedures and applicable state law. Any
building, department, program, or organization shall obtain quotations if required by BOCES
procedures.
2005
4310R.2
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Non-Instructional/Business
Operations
SUBJECT:
PROCUREMENT GUIDELINES
This resolution sets forth the guidelines to meet the requirements of General Municipal Law,
Section 104-b.
Purpose
Goods and services which are not required by law to be procured pursuant to competitive bidding
must be procured in a manner so as to assure the prudent and economical use of public monies, in the
best interest of the taxpayers to facilitate the acquisition of goods and services of maximum quality at
the lowest possible cost under the circumstances, and to guard against favoritism, improvidence,
extravagance, fraud and corruption. To further these objectives, the governing Board has adopted
internal policies and procedures governing all procurements of goods and services which are not
required to be made pursuant to the competitive bidding requirements of General Municipal Law,
Section 103 or any other general, special or local law.
Procedures for Determining Whether Procurements are Subject to Bidding
The procedures for determining whether a procurement of goods and services is subject to
competitive bidding and determining that competitive bidding is not required by law is as follows:
1)
The Board is required by law to award all purchase contracts for supplies, materials and
equipment involving expenditures in excess of $20,000 and all contracts for public works
in excess of $35,000, to the lowest responsible bidder after advertising for public sealed
bids.
2)
When a contract involves acquisition of both goods and services, a judgment must be made
as to the primary purpose of the contract. If the services are minor, incidental or
customarily provided by the vendor in connection with the goods purchased, the contract
should be viewed as a purchase contract. If the service component is extensive or
predominant or involves special skills, the contract should be treated as one for public
works.
3)
In determining the necessity for competitive bidding, the aggregate amount to be expended
during the fiscal year on an item or those of a similar nature (a “reasonable commodity
grouping”) must be considered. For example, office supplies or art materials would
constitute an appropriate grouping for bidding purposes.
Additionally, in determining whether the dollar requirements have been reached,
allowances for any trade-in related to the purchase must be treated as an expenditure; the
estimated gross cost of the item is controlling. Net cost is relevant only to the
determination of the low bid.
(Continued)
2005
4310R.2
2 of 3
Non-Instructional/Business
Operations
SUBJECT:
PROCUREMENT GUIDELINES (Cont’d.)
Guidelines for Purchasing Supplies and Equipment when Competitive Bidding is not Required
by Law:
Purchasing Contracts
(in a fiscal year)
Public Works
Contracts
Requirements
Procedures
Less than $1,999
Less than $3,999
No competitive
quotation required
Originator shall indicate
on purchase requisition
why
the
suggested
vendor’s price is fair and
reasonable.
$2,000 to $5,999
$4,000 to $9,999
3 separate verbal
quotations (if available),
or a request for proposal
Obtained
by
the
originator of the purchase
request.
$6,000 to $11,999
$10,000 to $19,999
3 formal, written signed
quotations (if available)
or a request for proposal
Obtained
by
the
originator an official or a
BOCES’ Request for
Quotation forms.
$12,000 to $19,999
$20,000 to $34,999
3 formal, written signed
quotations (if available)
request for proposal
Obtained
by
the
Purchasing Dept. on
official BOCES’ Request
for Quotation form.
$20,000 and over
$35,000 and over
Public Bids
Obtained
by
Purchasing Dept.
NOTE:
the
1) For products available under State contract, which are below the State contract price,
no further quotes are required provided the product is the same brand and model
number.
2) When procurement can be accomplished through the following sources, competitive
bidding or procedure requirements listed above are not required.
a.
b.
c.
d.
Under State Contract;
Under a County contract;
From State Correctional Institutions (Corrections Law Sections 184, 186);
From State agencies for the blind and severely disabled (State Finance Law, Section
175-b);
(Continued)
2005
4310R.2
3 of 3
Non-Instructional/Business
Operations
SUBJECT:
PROCUREMENT GUIDELINES (Cont’d.)
e. Emergencies (General Municipal Law, Section 103[4]);
f. Sole source, professional services, true leases and insurance;
g. Second-hand equipment from another government agency.
Annual Review
Comments concerning the policies and procedures shall be solicited from employees of the
BOCES involved in the procurement process from time to time.
The Board shall annually review these policies and procedures. The Associate Superintendent for
Business Services and/or his/her designee shall be responsible for conducting an annual review of the
procurement policy and for an evaluation of the internal control structure established to ensure
compliance with the procurement policy.
Unintentional Failure to Comply
The unintentional failure to fully comply with the provisions of General Municipal Law, Section
104-b, shall not be grounds to void action taken or give rise to a cause of action against the BOCES or
any officer or employee thereof.
4310F
n
a s
s a u
BOCES
Board of Cooperative Educational Services
Vendor/Consultant Name: __________________
Address: _________________________________
__________________________________________
SS # _____________ Federal ID # ___________
Contact: _________________________________
Phone: _______________ Fax: _____________
Account
Fund
(Obj of exp)
Org
(COSER)
Program
(Activity)
Requisition # ______________________
Purchase Order # __________________
Date: _____________________________
Ship to: _________________________________
Department: _______________ Room # ______
Requester: ______________________________
Address: ________________________________
________________________________________
________________________________________
Account
(Obj of exp)
Fund
Org
(COSER)
Program
(Activity)
Header Information (Bid Info, Shipping Instructions, Special Instructions, etc)
Quantity
Unit
Description
Unit Price
Total Price
TOTAL AMOUNT $
Approved: _______________________________
Date
Approved: _______________________________
(Requester) Department/Administrator
Date
Approved: ________________________________
Date
Approved: ________________________________
Purchasing Agent
Date
WHITE - Administration YELLOW - Purchasing PINK - Originator
1886-BS-599
4310F.1
n
a s s a u
BOCES
Departmentof Business Services
Board of Cooperative Educational Services
INTEROFFICE BILLING/CREDIT ADVICE
Date ________________________
To Be Billed __________
Credited _________
District Name __________________________________________________________________
Other_________________________________________________________________________
Address ______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Description of Service
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
District Contact Person: _________________________________________________________
District P.O. No: _______________________________________________________________
Total Amount ___________________________________________________
Program Name __________________________________________________
Billing/Coser # __________________________________________________
Authorized Approval _____________________________________________
Preparer of Interoffice Advice ________________________________________________________
Billing Dept. Use
Received _______________________________________________________
Month Billed ____________________________________________________
229-BS-599 Rev.
2005
4311R
Non-Instructional/Business
Operations
SUBJECT:
COMPETITIVE PURCHASING OF GOODS AND SERVICES
1)
All bids submitted pursuant to Section 103 of the General Municipal Law and Section 305,
subdivision 14 of the Education Law will be opened at the time and place fixed in the
specifications by the District Superintendent or a person or persons designated by him/her for
that purpose.
2)
Each bid will be reviewed by the District Superintendent or his/her designee who will determine
the lowest bidder(s). Upon determining the identity of the lowest bidder(s), he/she will also
determine whether, in his/her opinion, such bidder is “responsible.”
3)
In determining whether the bidder is responsible, he/she shall consider the following criteria:
a.
the financial stability of the bidder
b.
the character and integrity of the bidder or any officer, director or employee of the bidder
c.
the past experience which the BOCES or any other person which contracted with the bidder
had in dealing with him/her.
The term “bidder” shall include not only any corporation in whose name the bid was submitted,
but also its parent subsidiary or affiliated corporations and also any predecessor or successor
corporations by merger, consolidation, or the like.
The foregoing criteria should be applied in order to determine:
1. The probability that the bidder will continue in business until he/she fulfills all the
obligations of the contract;
2. The probability that the contract will be performed by the bidder in accordance with
specifications;
3. The probability that disputes and litigation with the bidder will be avoided in the
performance of his/her contract;
4. The probability that the bidder will be able to respond in damages if he/she fails to
fulfill his/her obligations and is not required to furnish a performance bond.
4)
If the District Superintendent or his/her designee determines that the bidder is responsible, he/she
will advise the Board accordingly at the time that the Board considers the acceptance of his/her
bid.
5)
The BOCES Board will then make an award of the contract.
2000
4311R.1
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
CRITERIA FOR AWARDING CONTRACTS TO THE LOWEST
RESPONSIBLE BIDDER
The award of public contracts is of vital interest to the taxpayers and citizens. Many state laws
provide for award to the lowest responsible bidder in order to avoid favoritism and its concomitant
evils. It would be unfair to bidders, who have expended time and money in the preparation of bids, to
be denied equal consideration.
The basis of making awards to the lowest responsible bidder has been adopted with the view of
enabling a public body to enter into contracts with the same efficiency and economy that a prudent
business person does in the conduct of everyday business affairs. This beneficial result cannot always
be obtained when the award goes to the lowest bidder. Definite specifications must be adopted to
enable all bidders to make intelligent bids. This establishes a common standard by which to measure
the respective bids to determine the lowest responsible bidder.
The New York Courts define the term lowest responsible bidder as one able to respond or answer
in accordance with what is expected or demanded. More specifically, the lowest responsible bidder
has been interpreted as requiring the successful bidder to possess:
1)
Financial or procuring ability to complete the contract;
2)
Integrity and trustworthiness;
3)
Skill;
4)
Judgment;
5)
Ability to perform faithful and conscientious work;
6)
Promptness;
7)
Experience;
8)
Previous performance of satisfactory work;
9)
Other essential factors which may depend upon the type and kind of contract involved.
On opening and tabulating the bids, the public official must determine two things to make a valid
award:
1)
The responsibility of the bidder;
2)
Which of the responsible bidders has submitted the lowest bid.
(Continued)
2000
4311R.1
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
CRITERIA FOR AWARDING CONTRACTS TO THE LOWEST
RESPONSIBLE BIDDER (Cont’d.)
Awarding a contract required to be let to the lowest responsible bidder is mandatory. No
authority, except by statute, authorizes the official to accept any other bid.
Determination of the responsibility of a bidder by the official requires the exercise of judgment
and discretion in favor of the institution for which he/she works. This discretion must be exercised
honestly and fairly, not arbitrarily nor capriciously. The decision must be based on facts obtained after
investigation into the responsibility of the bidders which show that the lowest bidder to whom the
award was not made was not a responsible bidder. Failure to make such an investigation vitiates the
contract award and such award will not be upheld.
The lowest bidder who is not the lowest responsible bidder must prove that the investigation of
the responsibility of bidders was not made or that such action was not the result of the exercise of
honest and fair discretion in determining the responsibility of the bidders, but was arbitrary or
capricious. The ultimate facts must be recorded.
It is the policy of the BOCES to provide equal opportunities for awarding contracts regardless of
race, color, creed, national origin, political affiliation, sex, or disability.
2005
4320R
1 of 8
Non-Instructional/Business
Operations
SUBJECT:
PERSONAL PROPERTY ACCOUNTABILITY
Acquisition of Property by Purchase
The Purchasing Department of the Department of Business Services is the only department
authorized by the Board to issue purchase orders to procure supplies, material, equipment or services.
The signature of the Purchasing Department Manager (or in his/her absence, the
Superintendent’s designee) on an official purchase order is the only legal binding commitment to
obligate this agency for the goods or services. Any other transactions are considered to be
unauthorized purchases and will not be paid for by the BOCES.
It is the sole responsibility of the Purchasing Department to determine which of the following
purchasing techniques is most appropriate to purchase or rent requested items or services.
Public Bids
1)
Purchase Contracts
In general, aggregate purchases (written in a fiscal year as an agency-wide total for purchases
requested by all BOCES departments combined) of $10,000 or more of any discrete category of
materials, commodities, supplies, equipment, etc. must be advertised and awarded on the basis of
public bids. Competitive bidding is required by the General Municipal Law and Opinions of the
State Comptroller, where reasonable, can be expected that aggregate purchases of a discrete
category in the annual budget exceeds $10,000 or where previous experience indicates that the
item of purchase exceeded $10,000 in an operating year, the contract must be submitted to
competitive bidding.
2)
Public Works Projects
Projects of a public works nature (as defined in Section 101 and/or 103 of the New York State
General Municipal Law) involve contracted labor in the sum of more than $35,000. Those
projects involving labor and pertaining to facilities changes such as building renovations,
plumbing, heating, fencing, electrical work, etc. shall be submitted to the Facilities Operations
Office for review and approval. The Facilities Operations Office shall forward the specifications
for all such projects to the Purchasing Department for determination of the best procurement
techniques.
Public works contracts involve labor and may also include material, commodities and equipment
utilized in the labor. To illustrate: if blacktop for a highway is purchased by BOCES and
applied by its employees, the contract for blacktop would be a purchase contract subject to the
$10,000 limitation. On the other hand, if the blacktop is furnished and applied by a vendor, the
contract would be a public works contract subject to the $35,000 limitation.
(Continued)
2005
4320R
2 of 8
Non-Instructional/Business
Operations
SUBJECT:
PERSONAL PROPERTY ACCOUNTABILITY (Cont’d.)
Under existing law, there are often situations where the exact line of demarcation between a
purchase contract and a public works contract is difficult to determine. If the purchase involves
the performance of services or specialized skills, it may be that such a contract should be treated
as a public works contract. On the other hand, a purchase which involves services may
nevertheless fall into the category of a purchase contract if the services involved in such
situations are minor or incidental to the cost of the purchase, e.g. service required in hooking up
a stove. Therefore, no hard and fast rules can be formulated to cover all situations; a
determination of whether a contract is to be considered a purchase-type contract or a public
works-type contract would depend on the circumstances in each case.
3)
Personal Property Leases
Pursuant to Education Law Section 1950 (4)(y) agreements for the lease of personal property (in
excess of $10,000) are subject to the public bidding requirements of the General Municipal Law.
4)
Procedures
Public Bids must be awarded by the Board to the lowest responsible bidder(s) meeting
specifications.
The Purchasing Requisition Calendar issued by the Purchasing Department shall be used as a
guide for the formulation of bid specifications, and will be updated each year.
The Purchasing Department shall conduct public bids, open such bids, and tabulate them--with
bid evaluation assistance from the requesting department. When the evaluation is completed, a
recommendation to the District Superintendent will be prepared via a bid resume report prepared
by the Purchasing Department--after appropriate budgets have been referenced to ensure
adequate funding of the items requested.
Exceptions to Public Bidding
The General Municipal Law and the opinions of the courts and comptroller establish a number of
exceptions to the public bidding requirement.
1)
Statutory Exceptions to Public Bidding
a.
In Emergencies - General Municipal Law Section 103(4) permits public contracts in a
public emergency declared by the Board (or its designee subject to Board ratification) to be
awarded without competitive bidding. The emergency must be one arising out of an
accident or other unforeseen occurrence or condition whereby circumstances (affecting
public buildings, public property or the life, health, safety or property of the inhabitants)
require immediate action that cannot await competitive bidding.
(Continued)
2005
4320R
3 of 8
Non-Instructional/Business
Operations
SUBJECT:
PERSONAL PROPERTY ACCOUNTABILITY (Cont’d.)
An emergency which will warrant dispensing with advertising for competitive bids must be
present, immediate and existing, and not a condition which reasonably may be foreseen in
time to advertise for bids. Failure to solicit competitive bids will not be excused by the
courts by the mere declaration of an emergency if none, in fact, exists.
2)
b.
Purchase of Surplus and Second-Hand Supplies in Certain Instances - General Municipal
Law Section 103(6) permits the purchase of surplus and second-hand supplies, material or
equipment without competitive bidding from the federal government, the State of New
York or from any other political subdivision or district. Such purchases from a private
person or corporation are subject to competitive bidding if the cost is over $10,000.
c.
New York State Contracts and Nassau County Blanket Orders - In accordance with
General Municipal Law Sections 103(2) and 104 public bids shall not be necessary when
“items” are available on a current New York State Contract generated by public bids
conducted by the New York State Office of General Services or Nassau County Blanket
Orders generated by public bids conducted by the county of Nassau Purchasing
Department.
d.
Purchase of Products Made by the Blind - State Finance Law Section 175-b authorizes the
procurement by political subdivisions of products made by the blind with the approval of
the Commissioner of General Services.
Judicial Exceptions to Public Bidding
a.
Monopolies - Where the subject of a contract is controlled by a monopoly, and there is no
possibility of competition, the courts will not require the empty formality of inviting bids.
Examples of such monopolies would be telephone and electric service.
However, the monopoly situation can be a source of difficulty to municipal officials. In
many cases it may be next to impossible to determine with relative certainty whether a true
monopoly exists. Where there is doubt as to the existence of a monopoly, care must be
exercised so that the purchase may be affected without risk and delay of legal action.
b.
Consultant Services Contracts - Public Bids or competitive quotations are not required for
professional, technical, artistic services or other services requiring special skills and
training (which may be purchased by the use of a Consultant Services Contract), if such
services are not available from sources within the BOCES (e.g., Investment Management,
Insurance, Medical, Legal, Accounting, Real Property Appraisal). Such services must be
requested from and approved by the Division of Personnel (via a “Request for Consultant
Services” form) prior to a Consultant Services Contract being executed in accordance with
the following procedure:
(Continued)
2000
4320R
4 of 8
Non-Instructional/Business
Operations
SUBJECT:
PERSONAL PROPERTY ACCOUNTABILITY (Cont’d.)
A request for the service shall be prepared by the requesting department (outlining the
scope of service, the period of time, the cost of the service and the account to be charged)
and forwarded to the Department of Human Resources which, after appropriate
administrative approval, will prepare a Consultant Services Contract and issue it to the
Consultant with copies to the requesting department and the Department of Business
Services (for purposes of encumbrance and payment).
Quotations
1)
Purchase Contracts and Personal Property Leases
Amount of Purchase
(in a fiscal year)
Requirement
Procedures
Less than $999
No competitive
quotation required*
Originators shall indicate on purchase
requisition why the suggested vendor’s
price is fair and reasonable.
$1,000 to $2,999
3 separate verbal
quotations (if available),
or a request for proposal*
Obtained by the
purchase request.
$3,000 to $5,999
3 formal, written/signed
quotations (if available),
or a request for proposal*
Obtained by the originator on official
BOCES Request for Quotation forms.
$6,000 to $9,999
3 formal, written/signed
quotations (if available),
or a request for proposal*
Obtained by the Purchasing Department
on official BOCES Request for Quotation
forms.
$10,000 and over
Public Bids **
Obtained by the Purchasing Department.
originator
of
the
At the Purchasing Agent’s discretion all information obtained by originator(s) may be subject to
verification.
*In all cases the minimum information required to complete a transaction will be as follows: Name
and Address of Vendor/Contact Person and Date Quotation was obtained.
**In accordance with General Municipal Law Article 5A “Public Contracts”, etc.
(Continued)
2000
4320R
5 of 8
Non-Instructional/Business
Operations
SUBJECT:
2)
PERSONAL PROPERTY ACCOUNTABILITY (Cont’d.)
Public Works Contracts
All Public Works Contracts (including the facilities projects as outlined plus printing and other
non-facilities projects which include contracted labor) are subject to the procedures detailed
below. Purchases $10,000 and above, with the prior approval of the purchasing agent, may be
transacted by the originator.
Amount of Purchase
(in a fiscal year)
Requirement
Procedures
Less than $2,000
No competitive
quotation required*
Originators shall indicate on purchase
requisition why the suggested contractor’s
price is fair and reasonable.
$2,000 to $4,999
3 separate verbal
quotations (if available),
or a request for proposal*
Obtained by the
purchase request.
$5,000 to $9,999
3 formal, written/signed
quotations (if available),
or a request for proposal*
Obtained by the originator on official
BOCES Request for Quotation forms.
$10,000 to $34,999
3 formal, written/signed
quotations (if available),
or a request for proposal*
Obtained by the Purchasing Department
on official BOCES Request for Quotation
forms.
$35,000 and over
Public Bids **
Obtained by the Purchasing Department.
$50,000 and over
Specifications shall be
prepared in accordance with
General Municipal Law Section 101
originator
of
the
Note: All public works contract shall contain adequate contract language so that the intent is clearly
understood by the parties and provide appropriate security safeguards saving BOCES harmless
from claims arising out of error and/or omissions and general liability.
In the Purchasing Agent’s discretion all information obtained by originator(s) may be subject to
verification.
*In all cases the minimum information required to complete a transaction will be as follows: Name
and Address of Vendor/Contact Person and Date Quotation was obtained.
**In accordance with General Municipal Law Article 5A “Public Contracts”, etc.
(Continued)
2000
4320R
6 of 8
Non-Instructional/Business
Operations
SUBJECT:
PERSONAL PROPERTY ACCOUNTABILITY (Cont’d.)
General
1)
Catalogs
It is the responsibility of the department head to have his/her office maintain an updated file of
catalogs pertaining to his/her program’s materials and equipment. The Purchasing Department
will maintain a file of New York State Contracts and Nassau County Blanket Orders, plus
general catalogs and price lists.
2)
Vendors
Names of recommended vendors, or sources, when entered in the appropriate space of purchase
requisition forms, will be considered. However, the selection of vendors shall be the sole
responsibility of the Purchasing Department.
3)
Standardized Lists
Originators of purchase requirements must fill out the standardized lists to be issued for this
purpose by the Purchasing Department.
Required items, which are not included on the standardized lists, must be requested via a BOCES
purchase requisition form. Originators should notify the Purchasing Department of items which
should be added to the standardized list in subsequent years. Purchase requests not included
with the normal school year requirements must be accompanied by an explanation, in writing, of
why such requests were not originally included. Except in unusual, justifiable circumstances,
such requests will not be honored.
Program administrators must consolidate the various brand names listed by staff members into a
list limited to manufacturers’ names only, not distributors’ names.
4)
Alternates
Whenever alternate or substitute commodities are considered in the interest of achieving the
lowest possible cost, the Purchasing Department shall consult with the requesting department
head, or his/her designee, before making a final selection.
When alternate or substitute commodities are used, it will be the responsibility of the using
department to notify the Purchasing Department, as soon as possible, if such an alternate proves
to be unsatisfactory or inferior.
(Continued)
2005
4320R
7 of 8
Non-Instructional/Business
Operations
SUBJECT:
PERSONAL PROPERTY ACCOUNTABILITY (Cont’d.)
Acquisition of Property by Gift
It is the responsibility of the department administrator to ensure that all relevant donations (over
$25) are submitted to the Superintendent’s office and included on the appropriate Board Agenda for
approval by the Board of Education. The department administrator is also responsible for ensuring
that the donated asset is used for the purposes intended by the donor and that a vehicle tag is properly
completed and affixed to all donated vehicles. The donated vehicle’s original title should be delivered
to the Internal Auditor for safekeeping. The Internal Auditor is responsible for performing periodic
audits of donated vehicles. The Public Relations and Communications and Agency Planning
Department is responsible for sending the donor a letter of appreciation on behalf of BOCES after the
donated asset is accepted by the BOCES Board of Education.
Disposal of Property
Any Nassau BOCES operating unit which determines that an item of Nassau BOCES property is
“excess” (no longer necessary for utilization within such operating unit) shall notify the Internal
Auditor regarding the availability of such property for other Nassau BOCES operating units, or for
disposal. Such notification shall be forwarded to the Internal Auditor via a Nassau BOCES “Disposal
of Fixed Assets Form” or “Transfer of Fixed Assets Form” (see attached copy). The Internal Auditor
is designated by the District Superintendent as the only person authorized to officially determine
whether or not any other BOCES unit can use such property, or whether such property should be
disposed of via sale, auction, lease, transfer, or loan to other public agencies--complying with the
requirements of pertinent laws and good business practices.
When surplus Nassau BOCES property is to be disposed of, the Internal Auditor shall see to it,
where practical, that a written Professional Appraisal is obtained which indicates both the Nassau
BOCES Fixed Asset Control System Number (if any), and the appraised value of such surplus
property.
Surplus property disposed of shall obtain the maximum disposal sales price via any of the
following commercially reasonable techniques, where possible:
........... Public Sale (via sealed bid)
........... Written Quotations
........... Auction
........... Direct Negotiation
........... Scrap
(Continued)
2000
4320R
8 of 8
Non-Instructional/Business
Operations
SUBJECT:
PERSONAL PROPERTY ACCOUNTABILITY (Cont’d.)
Any monies obtained shall be credited to the operating unit which initially made the surplus
property available.
Whenever property is disposed of via sale, auction, lease, transfer, or loan, the Internal Auditor
shall see to it that the necessary documents (e.g., sales agreement, etc.) shall be completed, including
terms and conditions agreed upon and referenced to the Nassau BOCES public sale, or auction, where
appropriate.
When such equipment, supplies, or materials were:
1)
Purchased with monies from the Special Aid Fund or other non-local funding sources,
(e.g., such federal, state, and other non-local funding sources such as: Vocational
Education Act [VEA], Town of Hempstead Department of Occupational Resources
[DOOR], County of Nassau Office of Employment and Training, United States Department
of Health and Human Resources [HHR, formerly HEW], New York State Education
Department [SED], etc.) or
2)
Assigned from any organization or agency, all necessary and appropriate approvals for
transfer or disposal by BOCES shall be obtained (by the Internal Auditor) from such
organizations or agencies.
Employees are to see to it that no BOCES’ Personal Property within their respective areas of
responsibility are removed or relocated (from its existing specific location, as listed on the BOCES
Agency-wide Fixed Asset Control System) unless the 4-part form entitled “Disposal of Fixed Assets
Form” or “Transfer of Fixed Assets Form” has been completed and authorized.
A physical inventory by designated BOCES employees shall be conducted annually and more
frequently spot-checked by the Internal Auditor.
4320F
Board of Cooperative Educational Services of Nassau County
TRANSFER OF FIXED ASSETS FORM
Please provide all information requested on this transfer form. Missing information will cause
unnecessary delays in the transfer of your fixed assets. If you have any questions regarding the use of
this form, please contact a representative of the Business Services Division.
Department Transfer Information
Transfer From
Transfer To
Department Name
CoSer Number
Building Name
Name of Administrator
List of Fixed Assets to be Transferred
Fixed Asset
Tag Number
Description of Fixed Asset
Serial Number
Originator _______________________________________________
Date __________________
Department Approval ______________________________________
Date __________________
Entered Fixed Asset System _________________________________
Date __________________
1)
Please forward the approved form to the Fixed Asset Account Clerk in the Business Office.
2)
Be sure to indicate which Fund the assets are being transferred from, i.e.,
A = General Fund
F = Special Aid Fund
C = School Lunch
3)
After the transfer has been recorded in the Fixed Asset System by the Business Office, the
originating department will receive a copy of the transfer form and the assets may be moved.
White
- Fixed Asset Clerk, Business Office
Yellow
Pink
- Originating Department
- Fixed Asset Clerk (Return Form)
1794-AD-797
(Revised 7/01/97)
4320F.1
Board of Cooperative Educational Services of Nassau County
DISPOSAL OF FIXED ASSETS FORM
Please provide all information requested on this disposal form. Missing information will cause
unnecessary delays in the disposal of your Fixed Assets. If you have any questions regarding the use
of this form, please contact the Internal Audit Office.
Reason for Disposition of Excess/Surplus Property
_____ No longer applicable program
_____ Not working and too expensive to repair, parts not available
_____ Missing or Stolen Property (attach copy of report)
Police Case #
Police Precinct
Date of Theft
________________________
_________________________
__________________
_____ Other _______________________________________________________________________
Identifying Information
Department Name
CoSer Number
Building Name
Name of Administrator
List of Fixed Assets to be Disposed
Fixed Asset
Tag Number
Originator
Dept. Head/Designee
Internal Audit
Description of Fixed Asset
(include Serial Number if tag is missing)
Disposal or Sale Date
Date
Purchasing Dept.
Entered Fixed Asset System
1)
Please forward the approved form to the Internal Audit Office.
2)
Internal Audit will contact you either in person or by telephone to ascertain the condition or
salability of the assets. The assets will either be deemed worthless, or put out to bid.
3)
After a final determination is made, you will receive an approved copy of the disposal form, and
the assets will be removed in an appropriate manner.
White
Yellow
Pink
- Fixed Asset Clerk, Business Office
- Originating Department
- Fixed Asset Clerk (Return Form)
1794-AD-797
(Revised 7/01/97)
2000
4431R
Non-Instructional/Business
Operations
SUBJECT:
SALE AND DISPOSAL OF BOCES PROPERTY
Rationale
Building administrators and support staff supervisors are responsible for identifying obsolete and
surplus equipment and supplies within their area(s) of responsibility.
Periodically, a determination shall be made as to what equipment, supplies and/or materials are
obsolete and cannot be salvaged or utilized effectively or economically by the BOCES. Such
equipment, supplies or materials shall be sold through bid procedures, if possible, for the highest
possible price.
Guidelines
The Internal Auditor’s Office shall be authorized to dispose of obsolete or surplus equipment and
supplies in the following manner:
1)
Reassign the items, as needed, to other locations within the BOCES;
2)
Centralize the storage of items of potential usefulness;
3)
Discard or sell as surplus those items determined to be of no further use or worth.
Following approval by the Board of Education, items may be sold in the following manner:
1)
Items sold at a public sale. In the event of a public sale, notice of availability of such
equipment, supplies and materials and requests for bids shall be disseminated through
announcements in local newspapers and such other appropriate means. The general public,
as well as staff members, shall be eligible to bid on the equipment, supplies and/or
materials.
2)
Remaining items shall be sold as scrap for the highest obtainable amount or discarded in the
safest, least expensive manner.
4431F
Board of Cooperative Educational Services of Nassau County
TRANSFER OF FIXED ASSETS FORM
Please provide all information requested on this transfer form. Missing information will cause
unnecessary delays in the transfer of your fixed assets. If you have any questions regarding the use of
this form, please contact a representative of the Business Services Division.
Department Transfer Information
Transfer From
Transfer To
Department Name
CoSer Number
Building Name
Name of Administrator
List of Fixed Assets to be Transferred
Fixed Asset
Tag Number
Description of Fixed Asset
Serial Number
Originator _______________________________________________
Date __________________
Department Approval ______________________________________
Date __________________
Entered Fixed Asset System _________________________________
Date __________________
3)
Please forward the approved form to the Fixed Asset Account Clerk in the Business Office.
4)
Be sure to indicate which Fund the assets are being transferred from, i.e.,
A = General Fund
F = Special Aid Fund
C = School Lunch
3)
After the transfer has been recorded in the Fixed Asset System by the Business Office, the
originating department will receive a copy of the transfer form and the assets may be moved.
White
- Fixed Asset Clerk, Business Office
Yellow
Pink
- Originating Department
- Fixed Asset Clerk (Return Form)
1794-AD-797
(Revised 7/01/97)
4431F.1
Board of Cooperative Educational Services of Nassau County
DISPOSAL OF FIXED ASSETS FORM
Please provide all information requested on this disposal form. Missing information will cause
unnecessary delays in the disposal of your Fixed Assets. If you have any questions regarding the use
of this form, please contact the Internal Audit Office.
Reason for Disposition of Excess/Surplus Property
_____ No longer applicable program
_____ Not working and too expensive to repair, parts not available
_____ Missing or Stolen Property (attach copy of report)
Police Case #
Police Precinct
Date of Theft
________________________
_________________________
__________________
_____ Other _______________________________________________________________________
Identifying Information
Department Name
CoSer Number
Building Name
Name of Administrator
List of Fixed Assets to be Disposed
Fixed Asset
Tag Number
Originator
Dept. Head/Designee
Internal Audit
Description of Fixed Asset
(include Serial Number if tag is missing)
Disposal or Sale Date
Date
Purchasing Dept.
Entered Fixed Asset System
4)
Please forward the approved form to the Internal Audit Office.
5)
Internal Audit will contact you either in person or by telephone to ascertain the condition or
salability of the assets. The assets will either be deemed worthless, or put out to bid.
6)
After a final determination is made, you will receive an approved copy of the disposal form, and
the assets will be removed in an appropriate manner.
White
Yellow
Pink
- Fixed Asset Clerk, Business Office
- Originating Department
- Fixed Asset Clerk (Return Form)
1794-AD-797
(Revised 7/01/97)
2000
4443R
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
EXTRA CLASSROOM ACTIVITY (ECA) FUNDS
1)
The Board of Cooperative Educational Services will appoint each fiscal year, at its
reorganization meeting in July, a Central Treasurer, a Central Controller and an Assistant
Treasurer as officers of the funds--who will control funds defined as being raised other than by
tuition or other service charges.
2)
Separate records of receipts and expenditures shall be maintained and reported monthly, by the
Central Treasurer, to the Board.
3)
Extra Classrooom Activities funds are derived from sources such as admissions, membership
dues, sales and donations. Duplicate prenumbered tickets should be used for all cash collections
(the original copy should be given to the purchaser, and the carbon copy should be given to the
Activity Treasurer). In cases where receipts are not practical, the Activity Treasurer should
compute the exact amount to be realized in advance. After the sale, each sales person should
turn in all cash and unsold goods.
4)
Deposits should be recorded on deposit slips obtained from the Central Treasurer, and handled as
follows:
5)
a.
Each school will record the receipt of money by activity (name of club or program), and a
receipt should be completed in triplicate. The white and yellow copies should be signed by
the school Activity Treasurer (appointed by the program principal) and forwarded to the
Business Office. The pink copy should be retained in the school file. Each receipt should
reflect the patron receipt numbers (when used) or recorded checks (check amount, number
and maker) on the reverse side of the deposit receipt. In addition, where patron receipts
were not used due to the nature of the activity function, such amounts should also be
reflected on the deposit receipt in order to provide accountability to the Central Treasurer.
b.
Money should be forwarded in a locked bag (to be provided by the Central Treasurer) and
hand delivered by a BOCES messenger utilizing the receipt procedure. Keys to the locked
bag should be distributed to both the Activity Treasurer and the Central Treasurer (in the
Business Office).
c.
Revenues should be forwarded on a timely basis to the Central Treasurer. All moneys
should be forwarded to the Central Treasurer as often as possible but at least when the
undeposited amount exceeds $300. Moneys remaining at the school should always be kept
in the school safe.
Purchasing and Payment Procedure:
a.
The authority to expend moneys shall be distinct and separate from the custody of such
moneys.
(Continued)
2000
4443R
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
EXTRA CLASSROOM ACTIVITY (ECA) FUNDS (Cont’d.)
b.
Each school should be issued unnumbered sensitized Purchase Orders which are to be
completed in quadruplicate and forwarded to the Central Controller (in the Business
Office) signed by the program administrator. The Activity or club to be charged must be
shown on the Purchase Order. The original (white copy) should be mailed to the vendor;
the yellow copy should be retained by the Business Office; pink copy should be given a
number and returned to school; the goldenrod copy should be kept at the school.
c.
The Activity Treasurer should forward to the Business Office a copy of the Purchase Order
which is approved for payment, provided that quality and quantity have been satisfied.
d.
Where purchases are made on consignment by an individual school, the Purchase Order
must be submitted with the appropriate invoices to the Central Controller, and a check will
be sent to the vendor by the Central Treasurer.
e.
After merchandise is accepted by the school, the invoice should be forwarded to the
Central Treasurer for payment.
6)
Unused funds of discontinued Extra Classroom Activities and of graduating classes unused
account balances shall revert to a related Extra Classroom Activities account as designated by
the Board.
7)
All Extra Classroom Activity funds not immediately needed must be invested in a savings bank
account and all interest earned must be either used or held for future use by such extra classroom
activities.
8)
Gifts or donations should be recorded by each ECA Activity. The Activity Treasurer should
issue a receipt and deposit the gift with the Central Treasurer who will then recommend that the
Board accept such gifts and donations.
9)
An independent and impartial audit of the accounts shall be made at least annually, as part of the
Annual audit outlined in Board Policy #4443.
2000
4450R
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
PETTY CASH FUNDS
Use of Funds
Petty cash should be used for incidental items of expense up to $25.00. The cost of money
orders or cashier checks can be included.
Disbursement of Cash
1)
Petty cash expenditures must be covered by a printed voucher form. This should be completed
and signed by the person receiving reimbursement from the fund.
2)
All purchases reimbursed by petty cash must be evidenced by a receipt, sales slip, canceled
check or some proof of purchase.
3)
Vouchers must be approved by the appropriate administrator such as, Deputy Superintendent,
Executive Director, Building Principal or Administrator of the program. Until the final claim is
submitted, use the vendor number assigned to the custodian of petty cash.
4)
Do not mingle cash collected from books, fines, fees, etc., with petty cash funds.
Replenishing of Funds
1)
Petty cash funds may be replenished periodically. In order to have cash available at all times, the
fund should be replenished as soon as one half of the fund has been disbursed.
2)
Petty cash expense can be charged to any regular budget code.
3)
A claim form and petty cash journal record is required when submitting a claim. The claim form
together with the signed vouchers and receipts must be forwarded to the Business Office each
time the fund is to be replenished.
4)
Accounts Payable verifies the coding of each Petty Cash receipt. If changes are made by the
Business Office, the custodian of petty cash is notified.
5)
After verification has taken place checks are made out to the custodian of petty cash.
6)
The first checks for the current year are forwarded to the custodian of petty cash following the
July Organization Board meeting.
7)
The Petty Cash Report Form must be submitted to the Business Office on the Monday before the
Board meeting.
(Continued)
2000
4450R
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
PETTY CASH FUNDS (Cont’d.)
Safeguarding Funds
1)
Funds should be reconciled periodically by an employee independent of the custodian.
2)
All petty cash must be returned to the working fund for the BOCES before June 15. A reminder
will be forwarded during June.
3)
Reimbursements should be signed by an administrator.
4)
Reimbursement cannot be for more than the approved amount.
2000
4511R
Non-Instructional/Business
Operations
SUBJECT:
OPERATION AND MAINTENANCE OF FACILITIES
Statement:
1)
Work requests to be completed by BOCES Facilities Department will be submitted through the
Work Order System software on the Wide Area Network. All work requests will be approved
and dispatched through the Facilities Department under the direction of the Executive Director of
Facilities.
2)
Upon receipt of a work request, the Facilities Department will make the following
determinations:
a.
If the work is maintenance related, it will be approved as a work order, prioritized and
dispatched.
b.
If the work is a Program-driven renovation, the request will be forwarded to the appropriate
Program Executive Director, with an estimate, for approval. After approval by the program
Executive Director, the Facilities Department will approve it as a work order, prioritize it,
and dispatch it. The Facilities Department will also determine a funding source for the
work, and prepare any necessary funding transfer paperwork for processing.
c.
The Facilities Department will determine, in the normal course of processing a work
request into a work order, whether a job will be assigned to a building Custodian, the
Project Maintainer crew, or an outside vendor.
d.
Work orders requiring purchase orders for either materials or outside vendors will be
prepared by the Facilities Department.
Guidelines:
1)
In order to obtain maintenance and repairs, material moves, or custodial support within the
BOCES, a work request must be submitted to the Executive Director of Facilities through the
Work Order System software. Each building has a designated person(s) on the Principal’s staff
that has the capability of submitting a work request, and tracking its progress.
2)
After a work request is approved as a work order, the job is prioritized and assigned. A copy of
the work order is printed by the Facilities Department and distributed to 1 - the Administrative
Manager and 2 - the party performing the work.
3)
Labor and materials expended in the performance of the work is recorded on the work order
copy by the party performing the work, and submitted to the Administrative Manager. When
complete, all time and material expenditures will be reviewed and approved by the
Administrative Manager and closed out in the system.
4511F
Work Order ID:
User-defined Title 1
1140
User-defined Title 2
WORK ORDER
NB, All Locations
Reference ID:
All-Loc
Received Date:
12/14/99
Project ID:
Assigned To:
Request ID:
Date To Complete:
1
Priority ID: A -- ASA practical
Administrative
Requester: Sample
Asset Tag #:
Description:
Asset Name:
Sample
Trade:
Project Maintainer
Purpose:
Academic Program Support
Budget:
Daily Service/Maintenance
INVENTORY ISSUED
Item ID
_________
_________
_________
_________
Quantity
________
________
________
________
Warehouse
(Pool)
__________
__________
__________
__________
Date
________
________
________
________
Description
_________________________
_________________________
_________________________
_________________________
Issued By
_________
_________
_________
_________
ITEMS PURCHASED FROM SUPPLIER
Description
_________________
_________________
_________________
_________________
Quantity
________
________
________
________
Date
_____
_____
_____
_____
Unit Total
Cost
Cost
_____ _____
_____ _____
_____ _____
_____ _____
Supplier Name
____________________
____________________
____________________
____________________
LABOR
Employee ID
____________
____________
____________
____________
Hours
_______
_______
_______
_______
Percentage Complete:
VEHICLE
Date
______
______
______
______
25%
Invoice #
_________
_________
_________
_________
Type
______
______
______
______
50%
75%
Vehicle
_________
_________
_________
_________
100%
Miles Driven
___________
___________
___________
___________
Date
_________
_________
_________
_________
By _____________________
Action Taken: _______________________________________________________________________
____________________________________________________________________________________
__________________________________________
Signature:
_______________________________________
Authorized Signature:
4511F.1
FACILITY DAMAGE /LOSS REPORT
 Damage Report
 Loss Report
Date of Incident ____________________________
Date Discovered ____________________________
Building _________________________ Date Reported to Buildings and Grounds_______________
Authorized Signature ________________________________________________________________
List Damage or Loss __________________________ Cost to Repair: _________________________
__________________________________________
_________________________
__________________________________________
_________________________
Describe Incident ___________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Form Completed by_____________________________________ Date _______________________
Complete the report immediately. If this request resulted due to damage, have Buildings and Grounds
supply labor costs. Forward copies to:
Superintendent’s Office; Buildings and Grounds Department; Insurance Company; Business Office;
Your Copy
**********************************************************************************
(For Business Office Use)
Total Cost of Labor to Repair _________________________
Fringe Benefits _____________________________________
TOTAL COST OF DAMAGE OR LOSS ________________
Sent to Insurance Company ______________________ Money Received _____________________
P.O. Copies Sent ____________________________________
2005
4521.2R
1 of 1
Non-Instructional/Business
Operations
SUBJECT:
USE OF NASSAU BOCES VEHICLES
A Nassau BOCES vehicle will be assigned to executive directors whose work requires frequent use of
a vehicle. The district superintendent will establish the need for the use of a vehicle. All expenses
including gas, insurance, repairs, etc. will be assumed by Nassau BOCES. There are no geographic
limits on the official BOCES-related business use of the assigned Nassau BOCES vehicle.
Limited personal use of the vehicle is permitted. IRS rules for personal use of the Nassau BOCES
vehicle will apply.
Limited personal use is defined as:


traveling between home and Nassau BOCES assignments and for times when the individual’s
personal vehicle is not available
the Nassau BOCES vehicle may be driven only by the person to whom it is assigned or by other
Nassau BOCES personnel for Nassau BOCES assignments.
2000
4521.3R
1 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
Applicability
In accordance with the Omnibus Transportation Employee Testing Act, the BOCES will conduct
an alcohol test and a controlled substance test on safety-sensitive employees (SSE). Alcohol is
defined in accordance with federal law as the intoxicating agent in beverage alcohol, ethyl alcohol or
other low molecular weight alcohols including methyl and isopropyl alcohol. A controlled substance
is defined in accordance with federal law and includes marijuana, cocaine, opiates, amphetamines and
phencyclidine (PCP) [49 Code of Federal Regulations (CFR) 382.107;49 CFR 40.21].
SSEs include any/all employees who are full-time, part-time, under contract with the BOCES, or
act as a substitute; who hold a commercial driver’s license and who operate or stand ready to operate a
commercial motor vehicle as defined by federal regulations, when used to transport passengers or
property [49 CFR 382.107].
Alcohol testing and controlled substance testing will be performed at a designated collection site,
with the exception of certain post-accident tests which may be performed at the scene of the accident,
in the following situations:
1)
Pre-employment (controlled substance testing only);
2)
Random testing;
3)
Based on reasonable suspicion;
4)
Post-accident.
The procedures for both alcohol and controlled substance testing at the collection site will be in
compliance with the federal law [39 CFR Part 40].
Definitions
1)
Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular
weight alcohols including methyl and isopropyl alcohol.
2)
Alcohol use - the consumption of any beverage, mixture, or preparation, including any
medication containing alcohol.
3)
Breath alcohol technician (BAT) - an individual who instructs and assists individuals in the
alcohol testing process and operates an evidential breath testing device (EBT).
(Continued)
2000
4521.3R
2 of 26
Non-Instructional/Business
Operations
SUBJECT:
4)
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Commercial motor vehicle - a motor vehicle or combination of motor vehicles used in commerce
to transport passengers or property if the motor vehicle:
a.
Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a
gross vehicle weight rating of more than 10,000 pounds; or
b.
Has a gross vehicle weight rating of 26,001 or more pounds; or
c.
Is designed to transport 16 or more passengers, including the driver; or
d.
Is of any size and is used in the transportation of hazardous materials requiring placards.
5)
Confirmation test - for alcohol, testing means a second test, following a screening test with a
result of 0.02 or greater, that provides quantitative data of alcohol concentration in the breath of
a SSE. For controlled substances, testing means a second analytical procedure to identify the
presence of a specific drug or metabolite in the urine of a SSE which is independent of the screen
test and which uses a different technique and chemical principle form that of the screen test in
order to ensure reliability and accuracy.
6)
Driver - any person who operates a commercial motor vehicle. For the purposes of preemployment testing, the term driver includes a person applying to drive a commercial motor
vehicle.
7)
Employer - means any person (including the United States, a State, the BOCES of Columbia or a
political subdivision of a State) who owns or leases a commercial motor vehicle or assigns
persons to operate such a vehicle, including agents, officers, and representatives of the employer.
8)
Evidential breath testing device (EBT) - a device approved by the National Highway Traffic
Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA’s
"Conforming Product List of Evidential Breath Measurement Devices" (CPL).
9)
Medical Review Officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by an employer’s drug testing program
who has knowledge of substance abuse disorders, and has appropriate medical training to
interpret and evaluate an individual’s confirmed positive test result together with his or her
medical history and any other relevant biomedical information.
(Continued)
2000
4521.3R
3 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
10) Performing a safety-sensitive function - any period in which the SSE is actually performing,
ready to perform, or immediately able to perform any safety-sensitive functions.
11) Refusal to submit (to an alcohol or controlled substance test) - a SSE (1) fails to provide
adequate breath for testing without a valid medical explanation after he or she has received
notice of the requirement for breath testing, (2) fails to provide adequate urine for controlled
substances testing without a valid medical explanation after he or she has received notice of the
requirement for urine testing, or (3) engages in conduct that clearly obstructs the testing process.
12) Safety-sensitive function - any of those on-duty functions set forth in paragraphs (a) through (g)
as listed below:
a.
All time at a carrier or shipper plant, terminal, facility, or other property, waiting to be
dispatched, unless the driver has been relieved from duty by the employer.
b.
All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations
(FMCSR’s), or otherwise inspecting, servicing, or conditioning any commercial motor
vehicle at any time.
c.
All time spent at the driving controls of a commercial motor vehicle.
d.
All time, other than driving time, spent on or in a commercial motor vehicle (except for
time spent resting in the sleeper berth).
e.
All time loading or unloading a commercial motor vehicle, supervising, or assisting in the
loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness
to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded.
f.
All time spent performing the driver requirements associated with an accident.
g.
All time repairing, obtaining assistance, or remaining in attendance upon a disabled
vehicle.
13) Screening test for alcohol and/or substance abuse (aka initial test) - in alcohol testing it means an
analytical procedure to determine whether a SSE may have a prohibited concentration of alcohol
in his or her system. In controlled substance testing it means an immunoassay screen to
eliminate "negative" urine specimens from further consideration.
(Continued)
2000
4521.3R
4 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
14) Substance abuse professional (SAP) - a licensed physician (Medical Doctor or Doctor of
Osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism and
Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in
the diagnosis and treatment of alcohol and controlled substances-related disorders.
[49 CFR 382.107]
Prohibited Alcohol and Controlled Substance-Related Conduct
The following alcohol and controlled substance-related activities are prohibited by the Federal
Highway Administration’s (FHA) drug use and alcohol misuse rules for drivers of commercial motor
vehicles and other safety-sensitive employees.
1)
Reporting for duty or remaining on duty to perform safety-sensitive functions while having
an alcohol concentration of 0.04 or greater [49 CFR 382.201].
2)
Being on duty or operating a commercial motor vehicle (CMV) while the SSE possesses
alcohol, unless the alcohol is manifested and transported as part of a shipment. This
includes the possession of medicines containing alcohol (prescription or over-the-counter),
unless the packaging seal is unbroken [49 CFR 382.204].
3)
Using alcohol while performing safety-sensitive functions [49 CFR 392.205].
4)
Using alcohol within four hours prior to performing safety-sensitive functions [49 CFR
392.207].
5)
When required to take a post-accident alcohol test, using alcohol within eight hours
following the accident or prior to undergoing a post-accident alcohol test, whichever comes
first [49 CFR 382.209].
6)
Refusing to submit to an alcohol or controlled substance test required by post-accident,
random, reasonable suspicion or follow-up testing requirements [49 CFR 382.211].
7)
Reporting for duty or remaining on duty, requiring the performance of safety-sensitive
functions, when the SSE uses any controlled substance, except when instructed by a
physician who has advised the SSE that the substance does not adversely affect the SSE’s
ability to safely operate a CMV [49 CFR 382.213].
(Continued)
2000
4521.3R
5 of 26
Non-Instructional/Business
Operations
SUBJECT:
8)
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Reporting for duty, remaining on duty or performing a safety-sensitive function, if the SSE
tests positive for controlled substances [49 CFR 215].
Consequences to SSEs Engaging in Conduct Prohibited by the Federal Highway
Administration’s Drug Use and Alcohol Misuse Rules
Any SSE who is known to have engaged in prohibited behavior, with regard to alcohol misuse or
use of controlled substances, is subject to the following consequences:
1)
The SSE shall not be permitted to perform safety-sensitive functions.
2)
The SSE shall be advised by the employer of the resources available to him/her in
evaluating and resolving problems associated with the misuse of alcohol or use of
controlled substances including the names, addresses and telephone numbers of substance
abuse professionals and counseling and treatment programs.
3)
The SSE shall be evaluated by a substance abuse professional (SAP) who shall determine
what assistance, if any, the employee needs in resolving problems associated with alcohol
misuse and control substance use.
4)
Before a SSE returns to duty requiring performance of a safety-sensitive function, he/she
shall undergo a return-to-duty alcohol test with a result indicating a breath alcohol level of
less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified
negative result if the conduct involved controlled substance use.
5)
In addition, each SSE identified as needing assistance in resolving problems associated
with alcohol and/or controlled substances shall be evaluated by a SAP to determine that the
SSE has followed the rehabilitation program prescribed.
6)
The SSE shall also be subject to unannounced follow-up alcohol and/or controlled
substance testing. The number and frequency of such follow-up testing shall be as directed
by the SAP, and consist of at least six tests in the first 12 months. However, testing shall
not exceed 60 months.
These regulations shall not limit the BOCES’ authority to take actions with respect to testing and
rehabilitation, as long as those actions are not inconsistent with the regulations and relevant law.
(Continued)
2000
4521.3R
6 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Types of Testing
In order to enhance highway transportation safety, Congress passed the Omnibus Transportation
Employee Testing Act of 1991. The Act required the FHA to establish regulations requiring CMV
drivers to be tested for use of controlled substances and the misuse of alcohol. The following are the
types of tests required to be performed:
1)
Pre-employment testing [49 CFR 382.301] -- for controlled substances only;
2)
Random Testing [49 CFR 382.305];
3)
Reasonable Suspicion Testing [49 CFR 382.307];
4)
Post-Accident Testing [49 CFR 382.303];
5)
Return-to-Duty Testing [49 CFR 382.309];
6)
Follow-up Testing [49 CFR 382.311].
Split Sample Testing
Controlled substance tests must follow split sample procedures. Under this provision, a SSE
whose urine sample has tested positive for a controlled substance has the option (within 72 hours of
being notified by the MRO) of having the other portion of the split sample tested at another laboratory.
If the second portion of the sample also tests positive, then the SSE is subject to the sanctions
contained in the regulations. If the second portion produces a negative result, or for any reason the
second portion is not available, the test is considered negative and no sanctions are imposed.
Procedural Safeguards
Procedural protections which will be followed as required by Part 40 of the DOT Drug and
Alcohol Testing regulations include, but are not limited to, the following:
1)
Use of laboratories that meet state licensing requirements and that follow proper quality
control procedures.
2)
Taking and collecting of specimens only by licensed medical professionals, or technicians,
or individuals trained in collection procedures.
(Continued)
2000
4521.3R
7 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
3)
Proper documentation and labeling procedures to prevent errors in identification.
4)
Chain of custody procedures to insure proper record keeping, handling, labeling, and
identification of all specimens collected.
5)
Quality assurance and quality control procedures which utilize blind performance tests and
split specimens.
6)
Procedures for allowing individual privacy in collecting specimens unless there is reason to
believe that an individual will alter or substitute the specimen.
7)
Verification of all positive test results by confirmation using the gas chromatography/mass
spectrometry (GC/MS) method or equivalent scientifically accepted method.
8)
Procedures to safeguard the confidentiality of employee records. Information relating to
positive test results should be disclosed only to the employee tested, the BOCES, the
decisionmaker in a lawsuit or grievance arising from a drug or alcohol test, or upon request
by a government regulatory agency.
Pre-Employment Controlled Substance Testing [49 CFR 382.301]
A safety-sensitive applicant, prior to the performance of a safety-sensitive function, will be
required to submit to a controlled substance test through the collection of a urine sample at a
designated collection site. If the test yields a positive result the employment offer will be revoked [39
CFR 382.215]. The BOCES will notify the safety-sensitive applicant of the test results upon the
safety-sensitive applicant’s request. Such request must be made within 60 calendar days of the
notification of disposition of the employment application [49 CFR 382.411]. The BOCES, in its
discretion, will waive the requirements for a controlled substance test in accordance with federal law
[49 CFR 382.301(c)].
Even if the safety-sensitive applicant tests negative for controlled substances, the BOCES will
obtain, in accordance with federal law, pursuant to the safety-sensitive applicant’s consent and no later
than 14 calendar days after the SSE/applicant performs a safety-sensitive function for the BOCES,
information from previous employers over the preceding two years related to positive controlled
substance test results; and any refusals to be tested.
The information obtained from the previous employer may take any form, i.e., personal
interviews or telephone calls [49 CFR 382.413; 382.413(f)]. The BOCES shall not continue to allow
the new safety-sensitive employee to perform safety-sensitive functions where the BOCES obtains
information that the applicant had tested positive for a controlled substance or had refused to submit to
a test, without first obtaining information from a substance abuse professional evaluation [49 CFR
382.413].
(Continued)
2000
4521.3R
8 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Exception
The BOCES is not required to administer a pre-employment controlled substance test if the
following conditions are met:
1)
The SSE must have participated in a drug-testing program meeting the requirements of 49
CFR Part 40 within the previous 30 days; and
2)
While participating in this program, the SSE must have either been tested for controlled
substances in the previous 6 months, or participated in a random drug-testing program for
the previous 12 months; and
3)
The BOCES must ensure that no prior employer of the SSE has a record of violations of
any DOT rule on controlled substance use for the SSE in the previous 6 months.
In order to exercise the exception listed above, the BOCES must first contact the controlled
substance testing program(s) in which the SSE has participated and obtain and retain the following
information:
1)
The name(s) and address(es) of the program(s). This would generally be the SSE’s prior
and/or current employer.
2)
Verification that the SSE participates or participated in the program(s).
3)
Verification that the program conforms to the required procedures set forth in 49 CFR Part
40.
4)
Verification that the SSE is qualified under this rule, including that the SSE has not refused
to submit to a controlled substance test.
5)
The date the SSE was last tested for controlled substances.
6)
The results of any drug test administered in the previous six months, and any violations of
the controlled substance rules.
NOTE:
If the BOCES uses a SSE more than once a year, but does not employ the SSE, the BOCES
must assure itself at least once every six months that the SSE participates in a drug testing
program which meets the requirements of this rule.
(Continued)
2000
4521.3R
9 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Random Alcohol Testing [49 CFR 382.305]
Random alcohol testing shall be conducted in accordance with the following requirements:
1)
Random alcohol testing shall be administered at a minimum annual rate, as recommended
by the FHA, of the average number of driver positions.
2)
The BOCES shall ensure that random alcohol tests are unannounced and spread reasonably
throughout the calendar year. The selection of SSEs for random alcohol testing shall be
made by a scientifically valid method, so that each SSE shall have an equal chance of being
tested each time selections are made.
3)
The BOCES shall ensure that SSEs selected for random alcohol tests proceed immediately
to the testing site upon notification of being selected.
4)
A SSE shall only be tested for alcohol while the SSE is performing safety-sensitive
functions, immediately prior to performing or immediately after performing safetysensitive functions.
5)
The BOCES may pool interstate and intrastate drivers together for random alcohol testing.
6)
If the BOCES is required to conduct random alcohol testing under the rules of more than
one DOT agency, the BOCES may either:
a. Establish separate pools for random selection, with each pool containing the DOTcovered employees who are subject to testing at the same required minimum annual
percentage rate; or
b. Randomly select such employees for testing at the highest minimum annual percentage
rate established for the calendar year by any DOT agency to which the BOCES is
subject.
7)
In the event a SSE who is selected for a random alcohol test is on vacation or an extended
medical absence, the BOCES can either select another SSE for testing or keep the original
selection confidential until the SSE returns.
(Continued)
2000
4521.3R
10 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
With regard to random alcohol tests, the SSE will be tested through administration of a
breathalyser by a breath alcohol technician (BAT). If the breathalyser result registers between 0.02 to
0.04, the SSE will be retested in 20 minutes to allow for dissipation of alcohol contained in legal oral
products (i.e., mouthwash). If the second breathalyser result registers 0.02 to 0.04, the BAT will
notify the BOCES of a positive result. The SSE will be prohibited from performing any safetysensitive function until the SSE’s next regularly scheduled duty period, but for no less than 24 hours
after the test is given [49 CFR 382.505]. After a 24 hour period, the SSE will be retested through the
administration of a breathalyser. If the result registers greater than 0.04, the SSE will immediately be
suspended from his/her position pending a hearing and/or Board of Education action. If the result of
the second breathalyser test still registers between 0.02 and 0.04, the SSE will be retested in 20
minutes. If the result of the second breathalyser test registers greater than 0.02 but less than 0.04, the
SSE will be suspended from his/her position pending a hearing and/or Board action.
Consortia
If the BOCES conducts random alcohol testing through a consortium, the number of SSEs to be
tested may be calculated for each individual employer or may be based on the total number of subject
SSEs covered by the consortium.
Owner-Operators
An employer who employs only himself/herself as a driver must implement an alcohol and
controlled substance testing program that includes more persons than himself/herself as covered
employees in the random testing pool. Thus, an owner operator essentially must join a consortium.
Random Controlled Substance Testing [49 CFR 382.305]
Random controlled substance testing shall be conducted in accordance with the following
requirements:
1)
The BOCES must use a scientifically valid method, such as a random number table which
is matched with the SSE’s social security number.
2)
Random controlled substance testing shall be administered at a minimum annual rate as
recommended by the FHA of the average number of driver positions.
3)
The BOCES shall ensure that random controlled substance tests are unannounced and
spread reasonably throughout the calendar year.
(Continued)
2000
4521.3R
11 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
4)
The BOCES may pool interstate and intrastate drivers together for random controlled
substance testing.
5)
If the BOCES is required to conduct random controlled substance testing under the rules of
more than one DOT agency, the BOCES may either:
a. Establish separate pools for random selection, with each pool containing the DOTcovered employees who are subject to testing at the same required minimum annual
percentage rate; or
b. Randomly select such employees for testing at the highest minimum annual percentage
rate established for the calendar year by any DOT agency to which the BOCES is
subject.
6)
In the event a SSE who is selected for a random controlled substance test is on vacation or
an extended medical absence, the BOCES can either select another SSE for testing or keep
the original selection confidential until the SSE returns.
With regard to controlled substance testing, the SSE will be tested by providing a urine specimen
which will be split into two samples. If an initial or confirmation test is negative, the lab shall report
the result as negative [49 CFR 40.29(g)(2)]. If an initial test is positive, the technician will perform a
subsequent test to determine if the controlled substances are present. If the second test result is
positive, the positive result is reported to the medical review officer (MRO). The MRO shall review
all medical records made available by the SSE, examine all alternate medical explanations for a
positive result and contact the SSE to discuss the positive result [49 CFR 40.33(b)(3);(c);(d)]. If the
MRO determines that a legitimate medical explanation exists for the positive result (legal prescription
or non-prescription medication), the MRO shall report the test to the BOCES as negative. However, if
the legal prescription or non-prescription medication is being taken in excess, the MRO will report the
result as positive [49 CFR 40.33(b)(3);(c);(d)]. At this point, the SSE will be removed from the
performance of any safety-sensitive functions pending further action.
In the event the SSE disputes the positive result, the SSE may request a reanalysis from the split
urine sample within 72 hours of receiving notice of a positive result [49 CFR 40.33(f)]. The SSE will
be suspended with pay pending the reanalysis. The SSE shall be solely responsible for the cost
incurred for the reanalysis. If the results of the reanalysis yields positive, the SSE will be suspended
pending a hearing and/or Board of Education action.
(Continued)
2000
4521.3R
12 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
If the split specimen for reanalysis is unavailable, inadequate or untestable, the MRO shall
cancel the test and report the cancellation and the reasons to the DOT, the BOCES and employee [49
CFR 40.33(f)].
In this instance, the SSE will be removed from the performance of any safety-sensitive functions
until another controlled substance test may be performed.
If the reanalysis confirms positive, the SSE will be suspended from his/her position pending a
hearing and/or Board action. If reanalysis confirms negative, the SSE will be restored to his/her
safety-sensitive duties.
If the SSE has not requested a reanalysis within 72 hours and provides the MRO with
documentation of a serious illness, injury, inability to contact MRO, lack of actual notice of a verified
positive result, or other unavoidable circumstances prevented the SSE from timely contacting the
MRO within 72 hours, the MRO, if he/she concludes a legitimate explanation exists, may direct a
reanalysis from the split specimen [49 CFR 40.33(g)].
In the event the MRO is unable to contact the SSE to discuss the positive result, the MRO will
contact the Director of Transportation or his/her designee who will direct the employee to contact the
MRO within 24 hours [49 CFR 382.411(b)]. The Treasurer or Deputy Treasurer will be notified
should the Director of Transportation or his/her designee be the subject of the testing program. The
Director of Transportation or his/her designee will notify the MRO that he/she contacted the employee
and directed him/her to contact the MRO within 24 hours [49 CFR 382.411(6)]. If five days have
lapsed since the Director of Transportation or his/her designee directed the employee to contact the
MRO and the employee has still not contacted the MRO, the MRO may report the result as positive
[49 CFR 40.33(c)(5)(ii)]. The SSE will then be suspended pending a hearing and/or Board action.
However, the MRO is authorized to reopen a reported positive result in this instance in accordance
with federal law [49 CFR 40.33(c)(6)].
The MRO may report a positive result where the employee declines the opportunity to discuss
the test [49 CFR 40.33(c)(5)(i)]. In this situation, the SSE will be immediately suspended pending a
hearing and/or Board action. The MRO may report a positive result under other circumstances
provided in the DOT agency regulations [49 CFR 40.33(c)(5)(iii)].
Consortia
If the BOCES conducts random controlled substance testing through a consortium, the number
of SSEs to be tested may be calculated for each individual employer, or may be based on the total
number of subject SSEs covered by the consortium.
(Continued)
2000
4521.3R
13 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Owner-Operators
An employer who employs only himself/herself as a driver must implement a controlled
substance testing program that includes more persons than himself/ herself as covered employees in
the random testing pool. Thus, an owner-operator essentially must join a consortium.
Reasonable Suspicion Alcohol and Controlled Substance Testing [49 CFR 382.307]
The BOCES must require a SSE to submit to an alcohol or controlled substance test when the
BOCES has reasonable suspicion to believe the SSE has violated the alcohol or controlled substance
prohibitions.
“Reasonable Suspicion” - Belief that the SSE has violated the alcohol and/or controlled substance
prohibitions, based on specific, contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the SSE.
Supervisor Training [49 CFR 382.603]
The required observations for alcohol and/or controlled substance reasonable suspicion testing
shall be made by a supervisor who is trained in accordance with the following requirements:
1)
The BOCES must ensure persons designated to determine whether reasonable suspicion
exists to require a SSE to undergo alcohol or controlled substance testing receive at least 60
minutes of training on alcohol misuse and at least 60 minutes of training on controlled
substance use.
2)
The training shall cover the physical, behavioral, speech, and performance indicators of
probable alcohol misuse and use of controlled substances.
3)
The training shall be a total of at least 120 minutes.
Only one supervisor is required to make the observations necessary to require the controlled
substance or alcohol test. The supervisor who makes the determination that reasonable suspicion
exists to conduct an alcohol test shall not conduct the alcohol test. The supervisor must prepare and
sign documentation of his/her observation and basis for reasonable cause within 24 hours of the
observation or before the test results are released, whichever is earlier [49 CFR 382.307(f)].
Alcohol testing is authorized only if the observations are made during, just before, or just after
the period of the work day the SSE is required to be in compliance.
(Continued)
2000
4521.3R
14 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
If the alcohol test is not administered within two hours, the BOCES shall document the reasons
the test was not administered promptly [49 CFR 382.307(e)(l)].
If the alcohol test is not administered within 8 hours of the observation, the BOCES shall cease
attempts to administer the alcohol test and state the reasons for not administering the test. This
document shall be submitted as part of the Management Information System in accordance with
federal law [49 CFR 382.307(e)(l); (2)].
With regard to alcohol tests, the SSE will be tested through administration of a breathalyser by a
BAT. If the breathalyser result registers 0.02 to 0.04, the SSE will be retested in 20 minutes to allow
for dissipation of alcohol contained in legal oral products (i.e., mouthwash). If the second breathalyser
result registers 0.02 to 0.04, the BAT will notify the BOCES of a positive result. The SSE will be
prohibited from performing any safety-sensitive function until the SSE’s next regularly scheduled duty
period, but for no less than 24 hours after the test is given [49 CFR 382.307(e)(4)]. After a 24 hour
period, the SSE will be retested through the administration of a breathalyser. If the result registers
greater than 0.04, the SSE will immediately be suspended from his/her position pending a hearing
and/or Board action. If the result of the second breathalyser still registers between 0.02 and 0.04, the
SSE will be retested in 20 minutes. If the result of the second breathalyser test registers greater than
0.02 but less than 0.04, the SSE will be suspended pending a hearing and/or Board action.
With regard to the controlled substance test, the SSE will be tested by providing a urine
specimen which will be split into two samples. If an initial or confirmatory test is negative, the lab
shall report the result as negative [49 CFR 40.29(g)(2)]. If an initial test is positive, the technician will
perform a subsequent test to determine if the controlled substances are present. If the second test is
positive, the positive result is reported to the MRO. The MRO shall review all medical records made
available by the SSE; examine all alternate medical explanations for a positive result; and contact the
SSE to discuss the positive result [49 CFR 40.33(6)(3); (c); (d)]. If the MRO determines a legitimate
medical explanation exists for the positive result (legal prescription or non-prescription medication),
the MRO shall report the test to the BOCES as negative. However, if the legal prescription or nonprescription medication is being taken in excess, the MRO will report the result as positive [49 CFR
40.33(b)(3); (c); (d)]. At this point, the SSE will be removed from the performance of any safetysensitive functions pending further action.
In the event the SSE disputes the positive result, the SSE may request a reanalysis from the split
urine sample within 72 hours of receiving notice of positive result [49 CFR 40.33(f)]. The SSE will be
suspended with pay pending the reanalysis. The SSE shall incur the costs involved in the reanalysis.
If the results of the reanalysis yields positive, the SSE will be suspended pending a hearing and/or
Board of Education action.
(Continued)
2000
4521.3R
15 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
If the split specimen for reanalysis is unavailable, inadequate or untestable, the MRO shall
cancel the test and report the cancellation to the DOT, BOCES and employee [49 CFR 40.33(f)]. In
this instance, the SSE will be removed from the performance of any safety-sensitive function until
another controlled substance test may be performed.
If the reanalysis confirms positive, the SSE will be suspended pending a hearing and/or Board
action. If reanalysis confirms a negative result, the SSE will be restored to his/her safety-sensitive
functions.
If the employee has not requested a reanalysis within 72 hours and provides the MRO with
documentation of a serious illness, injury, inability to contact the MRO, lack of actual notice of a
verified positive result, or other unavoidable circumstances prevented the employee from timely
contacting the MRO within 72 hours, the MRO, if he/she concludes a legitimate explanation exists,
may direct a reanalysis from the split specimen [49 CFR 40.33(g)].
In the event the MRO is unable to contact the SSE to discuss the positive result, the MRO will
contact the Director of Transportation or his/her designee who will direct the employee to contact the
MRO within 24 hours [49 CFR 382.411(b)]. The Director of Transportation or his/her designee will
notify the MRO that he/she contacted the employee and directed him/her to contact the MRO within
24 hours. If five days have lapsed since the Director of Transportation or his/her designee directed the
employee to contact the MRO and the employee has still not contacted the MRO, the MRO may report
the result as positive [49 CFR 40.33(c)(5)(ii)]. The SSE will then be suspended pending a hearing
and/or Board action. However, the MRO is authorized to reopen a reported positive result in this
instance only: where the employee demonstrates through documentation that serious illness or other
circumstances prevented the SSE from contacting the MRO within five days of the MRO’s initial
contact [49 CFR 40.33(c)(6)].
The MRO may report a positive result where the employee declines the opportunity to discuss
the test [49 CFR 40.33(c)(5)(i)]. In this situation, the SSE will be immediately suspended pending a
hearing and/or Board action.
The MRO may report the result as positive under other circumstances provided in the DOT
agency regulations [49 CFR 40.33(c)(5)(iii)].
NOTE:
The mere possession of alcohol does not constitute a need for reasonable suspicion testing,
which must be based on observations concerning the SSE’s appearance, behavior, speech,
or body odor. [49 CFR 382.307(f)].
(Continued)
2000
4521.3R
16 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Post-Accident Alcohol and Controlled Substances Testing [49 CFR 382.303]
A SSE involved in an accident shall submit to an alcohol test and a controlled substance test
within the time frames required by federal regulations, under the following conditions:
1)
A fatality was involved; or
2)
The SSE receives a moving violation citation under state or local law and any person
receives a bodily injury which required immediate medical treatment away from the scene
of the accident; or
3)
Where the SSE receives a moving violation citation under state or local law and one or
more vehicles incurred disabling damage requiring the vehicle to be transported away from
the scene by tow truck or other vehicle.
If the alcohol test is not administered within 2 hours, the BOCES shall maintain a record setting
forth the reasons why the test was not promptly administered [49 CFR 382.303(b)(1)]. The BOCES
shall cease attempts for the SSE to submit to an alcohol test not administered within eight hours of the
accident. The BOCES shall prepare a Management Information System report documenting the fact a
test required by this section was not completed within 8 hours. The contents of this document shall be
submitted to the FHA and in compliance with the federal regulations [49 CFR 382.303(b)(2)].
The SSE must remain available for controlled substance testing for a period of 32 hours
following the accident. If the SSE has not submitted to a controlled substance test at this time, the
BOCES shall cease attempts to administer the test, and prepare and maintain the report described
above [49 CFR 382.303(b)(1); (2)].
The results of an alcohol test or controlled substance test conducted by a federal, state or local
agency having independent authority to conduct the test shall fulfill the requirements of this regulation
provided the BOCES obtains a copy of that report and the test conforms to the federal regulations in
this area [39 CFR Part 40; 49 CFR 383.303(e)].
A SSE injured at the scene of the accident and, therefore, unable to provide a urine specimen
shall provide authorization for the release of hospital records which would indicate if controlled
substances were present [49 CFR 391.113(b)].
IMPORTANT NOTE: Nothing in this document (or the rule itself) should be construed as to
require the delay of necessary medical attention for injured people following an accident, or to prohibit
a SSE from leaving the scene of an accident for the period necessary to obtain assistance in responding
to the accident, or to obtain necessary emergency medical care.
(Continued)
2000
4521.3R
17 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
SSE’s Responsibility:
A SSE who is subject to post-accident testing must remain available, or the employer may
consider the SSE to have refused to submit to testing and the BOCES may construe this as a positive
result [49 CFR 382.303(c)]. The SSE subject to post-accident testing must refrain from consuming
alcohol for eight hours following the accident, or until he/she submits to an alcohol test, whichever
occurs earlier [49 CFR 382.209].
The SSE must remain available for controlled substance testing for a period of 32 hours
following the accident [49 CFR 382.303].
BOCES’ Responsibility:
The BOCES shall provide all SSEs with necessary post-accident information, procedures and
instructions, prior to the SSE operating a commercial motor vehicle, so that SSEs will be able to
comply with the requirements of this rule.
The FHA recognizes post-accident tests conducted by federal, state, and local officials as
meeting the requirements of this rule under the following conditions:
1)
The official must have independent authority to conduct the test;
2)
Test must conform to federal, state or local requirements;
3)
Alcohol tests require blood or breath sample; and
4)
Controlled substances tests require urine sample.
With regard to alcohol tests, the SSE will be tested through administration of a breathalyser by a
BAT. If the breathalyser result registers 0.02 to 0.04, the SSE will be retested in 20 minutes to allow
for dissipation of alcohol contained in legal oral products (i.e., mouthwash). If the second breathalyser
result registers 0.02 to 0.04 the BAT will notify the BOCES of a positive result. The SSE will be
prohibited from performing any safety-sensitive function until the SSE’s next regularly scheduled duty
period, but for no less than 24 hours after the test is given. After a 24 hour period the SSE will be
retested through the administration of a breathalyser. If the result registers greater than 0.04, the SSE
will immediately be suspended from his/her position pending a hearing and/or Board action. If the
result of the second breathalyser still registers between 0.02 and 0.04, the SSE will be retested in 20
minutes. If the result of the second breathalyser test registers greater than 0.02 but less than 0.04, the
SSE will be suspended pending a hearing and/or Board action.
(Continued)
2000
4521.3R
18 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
With regard to the controlled substance test, the SSE will be tested by providing a urine
specimen which will be split into two samples. If an initial or confirmatory test is negative, the lab
shall report the result as negative [49 CFR 40.29(g)(2)]. If an initial test is positive, the technician will
perform a subsequent test to determine if the controlled substances are present. If the second test
result is positive, the positive result is reported to the MRO. The MRO shall review all medical
records made available by the SSE; examine all alternate medical explanations for a positive result;
and contact the SSE to discuss the positive result [49 CFR 40.33(6)(3); (c); (d)]. If the MRO
determines a legitimate medical explanation exists for the positive result (legal prescription or nonprescription medication), the MRO shall report the test to the BOCES as negative. However, if the
legal prescription or non-prescription medication is being taken in excess, the MRO will report the
result as positive [49 CFR 40.33(b)(3); (c); (d)]. At this point, the SSE will be removed from the
performance of any safety-sensitive functions pending further action.
In the event the SSE disputes the positive result, the SSE may request a reanalysis from the split
urine sample within 72 hours of receiving notice of a positive result [40 CFR 40.33(f)]. The SSE will
be suspended pending the reanalysis. The SSE shall incur the costs involved in the reanalysis. If the
results of the reanalysis yields positive, the SSE will be suspended pending a hearing and/or Board of
Education action.
If the split specimen for reanalysis is unavailable, inadequate or untestable, the MRO shall
cancel the test and report the cancellation to the DOT, BOCES and employee [49 CFR 40.33(f)]. In
this instance, the SSE will be suspended with pay until another controlled substance test may be
performed.
If the reanalysis confirms positive, the SSE will be suspended pending a hearing and/or Board
action. If reanalysis confirms a negative result, the SSE will be restored to his/her safety-sensitive
functions.
If the employee has not requested a reanalysis within 72 hours and provides the MRO with
documentation of a serious illness, injury, inability to contact MRO, lack of actual notice of a verified
positive result, or other unavoidable circumstances prevented the employee from timely contacting the
MRO within 72 hours, the MRO, if he/she concludes a legitimate explanation exists, may direct a
reanalysis from the split specimen [49 CFR 40.33(g)].
(Continued)
2000
4521.3R
19 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
In the event the MRO is unable to contact the SSE to discuss the positive result, the MRO will
contact the Director of Transportation or his/her designee who will direct the employee to contact the
MRO within 24 hours [49 CFR 382.411(b)]. The Director of Transportation or his/her designee will
notify the MRO that he/she contacted the employee and directed him/her to contact the MRO within
24 hours. If five days have lapsed since the Director of Transportation or his/her designee directed the
employee to contact the MRO and the employee has still not contacted the MRO, the MRO may report
the result as positive [49 CFR 40.33(c)(5)(ii)]. The SSE will then be suspended pending a hearing
and/or Board action. However, the MRO is authorized to reopen a reported positive result in this
instance only: where the employee demonstrates through documentation that serious illness or other
circumstances prevented the SSE from contacting the MRO within five days of the MRO’s initial
contact [49 CFR 40.33(c)(6)].
The MRO may report a positive result where the employee declines the opportunity to discuss
the test [49 CFR 40.33(c)(5)(i)]. In this situation, the SSE will be immediately suspended pending a
hearing and/or Board action.
The MRO may report the result as positive under other circumstances provided in the DOT
agency regulations [40 CFR 40.33(c)(5)(iii)].
Return-to-Duty and Follow-up Testing
Return-to-Duty Testing
The BOCES shall ensure that before a SSE returns to duty requiring the performance of a safetysensitive function, after engaging in prohibited conduct regarding alcohol misuse, the SSE shall
undergo a return-to-duty alcohol test indicating a breath alcohol concentration of less than 0.02.
The BOCES shall also ensure that before a SSE returns to duty requiring the performance of a
safety-sensitive function, after engaging in prohibited conduct regarding controlled substance use, the
SSE shall undergo a return-to-duty controlled substance test with a result indicating a verified negative
result for controlled substance use.
In the event a return-to-duty test is required, the SSE must also be evaluated by a SAP and
participate in any assistance program prescribed. The SSE will bear the expense incurred connected
with rehabilitation.
[49 CFR 382.309; 382.605].
(Continued)
2000
4521.3R
20 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Follow-up Testing
Following a determination that a SSE is in need of assistance in resolving problems associated
with alcohol misuse and/or use of controlled substances, the BOCES shall ensure that the SSE is
subject to unannounced follow-up alcohol and/or controlled substance testing as directed by the SAP.
The SSE shall be subject to a minimum of six follow-up controlled substance and/or alcohol tests
within the SSE’s first 12 months return to duty, up to a maximum of 60 months from the date of the
SSE’s return to duty.
Alcohol follow-up testing shall be performed only when the SSE is performing safety-sensitive
functions, or immediately prior to performing or immediately after performing safety-sensitive
functions.
[49 CFR 382.311; 382.605(c)(2)(ii)]
Refusal to Submit
A refusal to submit to any alcohol or controlled substances test will be construed as a positive
result. In that situation, the SSE will be removed from the performance of any safety-sensitive
functions pending further action. Refusal to submit means:
1)
Failure to provide adequate breath for an alcohol test or failure to provide adequate urine
for a specimen test without genuine "valid" medical excuse/explanation; or
2)
Engages in conduct which clearly obstructs the testing process unless the employee, within
two days, shall provide the BOCES with documentation furnished by the doctor that the
SSE has an ongoing medical inability to provide an adequate amount of breath or urine [49
CFR 40.69].
[49 CFR 382.107]
Medical Review Officer’s Notification of Test Results and Retention of Records
The MRO is a licensed physician (medical doctor or doctor of osteopathy) responsible for
receiving laboratory results generated by an employer’s drug-testing program. The MRO shall have
knowledge of substance abuse disorders and have appropriate medical training to interpret and
evaluate an individual’s confirmed positive test result, together with his/her medical history and any
other relevant biomedical information [49 CFR 382.407].
(Continued)
2000
4521.3R
21 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
BOCES Notification
The MRO may report controlled substance test results to the BOCES by any means of
communication; however, a signed, written notification must be forwarded within three business days
of the completion of the MRO’s evaluation.
The MRO must report to the BOCES the following:
1)
That the controlled substance test being reported was in accordance with 49 CFR Part 40.
2)
The name of the individual for whom the test results are being reported.
3)
The type of test indicated on the custody and control form (random, pre-employment, etc.).
4)
The date and location of the test collection.
5)
The identification of the persons or entities performing the collection and analysis of the
specimens, and serving as the MRO for the specific test.
6)
The verified results of the controlled substances test (positive or negative) and, if positive,
the identity of the controlled substance(s) for which the test was verified positive.
7)
That the MRO has made every reasonable attempt to contact the SSE.
[49 CFR 382.411]
Employee Notification
Prior to verifying a “positive” result, the MRO shall make every reasonable effort to contact the
SSE (confidentially), and afford him/her the opportunity to discuss the test result. If after making all
reasonable efforts and documenting them, the MRO is unable to reach the SSE directly, the MRO shall
contact the Director of Transportation or his/her designee who shall direct the SSE to contact the MRO
as soon as possible (within 24 hours).
Under split-sample collection procedures, the SSE has 72 hours following notification of a
positive result to request the secondary sample be analyzed. In the event a split-sample was not taken,
or was of inadequate quantity, the original test would be voided, and the SSE would not be subject to a
retest.
(Continued)
2000
4521.3R
22 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
While the primary sample is tested at specific thresholds for each controlled substance, the
secondary (split) sample is analyzed only for the presence of controlled substances. If a negative
result is reached on the secondary test, the original test results are disregarded.
[49 CFR 382.411]
Record Retention
The MRO shall maintain all dated records and notifications for verified positive controlled
substances test results, identified by individual, for a period of five years.
The MRO shall maintain all dated records and notifications for negative and canceled controlled
substances test results, identified by individual, for a period of one year.
The MRO shall not release the individual controlled substance test results of any SSE to any
person without a specific, written authorization from the tested SSE. However, this shall not prohibit
the MRO from releasing results to the BOCES or federal, state or local officials with regulatory
authority over the controlled substance testing program.
[49 CFR 382.409]
Retention of Records
The BOCES is required to complete and maintain records of its alcohol misuse and controlled
substance test results and related data. All records shall be maintained in a secure location with
controlled access.
(Continued)
2000
4521.3R
23 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Required Period of Retention
Document to be Maintained
Period Required to be Maintained
Alcohol test results indicating a breath alcohol
concentration of 0.02 or greater
5 years
Verified positive controlled substance test results
5 years
Refusals to submit to required alcohol or controlled
substance tests
5 years
Required calibration of Evidential Breath Testing
Devices (EBT’s)
5 years
Substance Abuse Professional’s (SAP’s) evaluations
and referrals
5 years
Annual calendar year summary
5 years
Records related to the collection process (except
calibration) and required training
2 years
Negative and canceled controlled substance test results
1 year
Alcohol test results indicating a breath alcohol
concentration less than 0.02
1 year
[49 CFR 382.401]
Types of Records Required to be Maintained (Retention period of five years unless otherwise noted
on the preceding chart.):
1)
Records related to the collection process:
a.
Collection of logbooks (if used);
(Continued)
2000
4521.3R
24 of 26
Non-Instructional/Business
Operations
SUBJECT:
2)
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
b.
Documents related to the random selection process;
c.
Calibration documentation for EBT’s;
d.
Documentation of Breath Alcohol Technician (BAT) training;
e.
Documentation of reasoning for reasonable suspicion testing;
f.
Documentation of reasoning for post-accident testing;
g.
Documents verifying a medical explanation for the inability to provide adequate breath or
urine for testing;
h.
Consolidated annual calendar year summaries.
Records related to the SSE’s test results:
a.
BOCES’ copy of the alcohol test form, including results;
b.
BOCES’ copy of the drug test chain of custody and control form;
c.
Documents sent to the BOCES by the MRO;
d.
Documentation of any SSE’s refusal to submit to a required alcohol or controlled substance
test;
e.
Documents provided by a SSE to dispute results of test.
3)
Documentation of any other violations of controlled substance use or alcohol misuse rules.
4)
Records related to evaluations and training:
5)
a.
Records pertaining to SAP’s determination of SSE’s need for assistance;
b.
Records concerning a SSE’s compliance with SAP’s recommendations.
Records related to education and training:
a.
Materials on drug and alcohol awareness, including a copy of the employer’s policy on
drug use and alcohol misuse;
(Continued)
2000
4521.3R
25 of 26
Non-Instructional/Business
Operations
SUBJECT:
6)
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
b.
Documentation of compliance with requirement to provide SSEs with educational material,
including SSE’s signed receipt of materials;
c.
Documentation of supervisor training;
d.
Certification that training conducted under this rule complies with all requirements of the
rule.
Records related to drug testing:
a.
Agreements with collection site facilities, laboratories, MROs, and consortia;
b.
Names and position of officials and their role in the employer’s alcohol and controlled
substance testing program;
c.
Monthly statistical summaries of urinalysis [40 CFR 29(g)(6];
d.
The BOCES’ drug-testing policy and procedures.
[49 CFR 382.401(c)]
Location of Records
All required records shall be maintained in a secure location with limited access. Records shall
be made available for inspection at the BOCES’ principal place of business within two business days
after a request has been made by an authorized representative of the FHA.
For example: Specific records may be maintained on computer, or at a regional or terminal
office, provided the records can be made available upon request from FHA within two working days.
[49 CFR 382.401(c)]
Release of Alcohol and Controlled Substance Test Information by and to Employers
Previous Employers
The BOCES may obtain from any previous employer of a SSE, provided the SSE has given
his/her express written consent, any information concerning the SSE’s participating in a controlled
substance and/or alcohol testing program.
(Continued)
2000
4521.3R
26 of 26
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS REGARDING DRUG AND ALCOHOL TESTING FOR
SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
(Cont’d.)
Subsequent Employers
Records shall be made available to a subsequent employer upon receipt of a written request from
the SSE.
[49 CFR 382.405]
Annual Calendar Year Summary
The BOCES shall prepare and maintain an annual calendar year summary of the results of its
alcohol and controlled substance testing programs. The annual summary shall be completed by March
15 each year, covering the previous calendar year [49 CFR 382.403].
Confidentiality
All records related to the administration of an alcohol test or a controlled substance test or other
records required to be maintained under this law shall remain confidential unless otherwise allowed by
law or unless the employee authorizes such a release. The SSE may, by written request, receive all
records related to his/her alcohol and/or controlled substance tests [49 CFR 382.405].
Educational Materials
All SSEs will be provided with educational materials in accordance with federal law related to
the above regulations. Each SSE will sign a written statement acknowledging receipt of the
educational materials. The statement bearing the SSE’s original signature will be kept on file by the
BOCES. The SSE shall be entitled to a copy of the written statement acknowledging his/her receipt of
the educational materials [49 CFR 382.601(d)].
Testing Procedures
Testing procedures related to the aforementioned tests shall be in compliance with Part 40 of the
Code of Federal Regulations.
Training
BOCES personnel designated to determine whether reasonable suspicion exists to require an
SSE to undergo an alcohol or controlled substance test shall receive at least 60 minutes of training on
alcohol misuse and at least 60 minutes of training on controlled substance use, including physical,
behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled
substances.
[49 CFR 382.603]
2000
4530R
1 of 6
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS AND REGULATORY AGENCIES THAT AFFECT
BOCES FACILITIES AND EMPLOYEES
The seven agencies listed below are primarily concerned with environmental and occupational
health and safety regulations.
1)
The New York State Department of Environmental Conservation (DEC).
2)
New York State Department of Labor (DOL).
3)
New York State Department of Health (DOH).
4)
New York State Emergency Management Office (SEMO).
5)
New York State Education Department (SED).
6)
Federal Occupational Safety and Health Administration (OSHA).
7)
Federal Environmental Protection Agency (EPA).
If an inspector from any of these regulatory agencies comes to inspect a BOCES building, the
Safety Coordinator will be contacted to assist in making the inspection flow more smoothly.
New York State Right-to-Know Law/OSHA Hazard Communication Standard -Requirements
for Compliance:
1)
Inventory of all hazardous substances used in the workplace.
2)
Collect MSDS’s and keep on file for all materials on inventory.
3)
Conduct initial RTK/Hazard Communication training for all employees and annual training for
all employees who are routinely exposed to hazardous substances.
4)
Keep attendance records on file, with social security number.
5)
Post signs which conspicuously state that employees have a right to training and the right to
information about hazards from their BOCES contact person.
6)
Develop written Hazard Communication Program that states procedures and who is responsible
in the BOCES for carrying out procedures (labeling, inventory, etc.).
7)
Maintain records of all employees exposed to 29 CFR 1910 Subpart Z chemicals.
(Continued)
2000
4530R
2 of 6
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS AND REGULATORY AGENCIES THAT AFFECT
BOCES FACILITIES AND EMPLOYEES (Cont’d.)
Asbestos Hazard Emergency Response Act (AHERA) and Code Rule 56 - Requirements for
Compliance:
1)
Initial Inspection and Management Plan development for each building.
2)
Annual notification of availability of plan.
3)
Every six months conduct surveillance of confirmed and assumed ACBM - Document and
update Management Plan.
4)
Conduct Initial 2 Hour Asbestos Awareness Training for custodial and maintenance staff - Train
new employees - Keep attendance records on file.
5)
Conduct Triennial Asbestos Inspections - send reports to SED.
6)
Train: LEA Designees
Asbestos Inspectors
Management Planners
Handlers
(initial and refresher)
7)
Keep documents of removal projects and waste manifests.
OSHA’s Laboratory Safety Standard - Requirements For Compliance:
1)
Develop a written Chemical Hygiene Plan and designate a Chemical Hygiene Officer.
2)
Provide training for Science Teachers - Keep attendance records on file.
OSHA’s Occupational Exposure to Blood Borne Pathogens Standard - Requirements For
Compliance:
1)
Develop a written Exposure Control Program.
2)
Identify employees at substantial risk of exposure to blood or other body fluids which may
contain blood.
3)
Provide Initial and Annual Training for all employees who are categorized as having
occupational exposure to bloodborne pathogens - Keep attendance records.
(Continued)
2000
4530R
3 of 6
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS AND REGULATORY AGENCIES THAT AFFECT
BOCES FACILITIES AND EMPLOYEES (Cont’d.)
4)
Offer all employees who are categorized as having occupational exposure to bloodborne
pathogens Hepatitis B Vaccine - Keep copies of accept/decline records.
5)
Have Sharps Containers and Biohazard Red Bags available in Health Office.
6)
Maintain medical records of employee exposures.
Commissioner of Education - Regulation 155.13 Emergency Planning - Requirements For
Compliance:
1)
Develop a written Emergency/Disaster Plan
2)
Provide written information about emergency procedures and communicate the availability of
the plan annually.
3)
Conduct Annual Shelter or Evacuation Drill - Keep record of drill.
4)
Update plan by October 1 of each year.
OSHA’s Lock Out/Tag Out Standard for the control of Hazardous Energy Sources Requirements for Compliance:
1)
Develop a written Energy Control Lock Out/Tag Out Program/Procedures.
2)
Train all employees who will work on equipment or machinery - Train all other affected
employees - Keep attendance records.
3)
Purchase locks and tags.
New York State Clean Indoor Air Act - Requirements For Compliance:
1)
Adopt written rules regarding smoking.
2)
Post “No Smoking” signs.
Underground and Above Ground Petroleum Bulk Storage Tanks - Requirements For
Compliance:
1)
Register affected tanks with NYS DEC.
(Continued)
2000
4530R
4 of 6
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS AND REGULATORY AGENCIES THAT AFFECT
BOCES FACILITIES AND EMPLOYEES (Cont’d.)
2)
Test tanks for leaks according to State and Federal Guidelines.
3)
Provide Insurance Coverage for tanks.
Pesticide/Herbicide Applicators (DEC Laws) - Requirements For Compliance:
1)
Anyone applying pesticides or herbicides to public property (other than their own home) must be
a Certified Commercial Applicator - (or work under the certification of another Commercial
Applicator).
2)
Train employees doing applications.
3)
Keep records of all applications on DEC Forms.
4)
Fill out and submit Annual Report to DEC.
5)
Register BOCES as a business/agency with DEC.
6)
Provide pollution coverage liability insurance.
Hazardous Waste and Medical Waste Removal - Requirements For Compliance:
1)
Conduct inventory.
2)
Submit annual SARA Title III report to county energy planning coordinator and local fire
department.
3)
Contract with DEC Licensed Waste Haulers.
4)
Keep manifests on file -send copies to state.
Lead Contamination Control Act (not mandated unless you are a public water supplier) - SED
and DOH recommend - Requirements For Compliance:
1)
Conduct Plumbing Profile.
2)
Sample water for lead content.
3)
Remove water coolers on the EPA list.
(Continued)
2000
4530R
5 of 6
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS AND REGULATORY AGENCIES THAT AFFECT
BOCES FACILITIES AND EMPLOYEES (Cont’d.)
4)
Institute remediation for areas where samples show higher than maximum contaminant levels for
lead.
5)
Required to make Public Notice of Lead Sampling and availability of results - Keep record of
notice.
Safety Committees (not mandated by law) - Insurance Companies Request - Requirements For
Compliance:
Conduct Safety Committee Meetings - Keep minutes on file.
Radon Testing (not mandated by law) - EPA recommends - SED has guidelines - Requirements
For Compliance must:
1)
Follow SED guidelines.
2)
Notify employees of results if testing is performed.
DOSH 900 Accident, Injury, Illness Log (12 NYCRR Part 801) - Requirements For Compliance:
1)
Maintain log for each building.
2)
Post summary conspicuously in each building by February 1st for entire month.
3)
Keep log for five years.
Swimming Pool Safety - Regulated by DOH - Requirements For Compliance:
1)
Develop written Safety Plan.
2)
Lifeguards certified in First Aid/CPR - Water Safety Instruction.
3)
Balance pool PH and chlorine level according to DOH guidelines - Keep record of tests.
4)
Store chemicals according to DOH regulations.
5)
Maintain Clarity - depth markings - ladders.
6)
GFI tests.
(Continued)
2000
4530R
6 of 6
Non-Instructional/Business
Operations
SUBJECT:
REGULATIONS AND REGULATORY AGENCIES THAT AFFECT
BOCES FACILITIES AND EMPLOYEES (Cont’d.)
Fire Inspections
1)
Perform annual school fire safety inspection.
2)
Use a certified Codes Enforcement Official.
3)
Complete report and submit to SED.
4)
Notify fire department of inspection.
5)
Inform the Board of Education of all non-conformities.
6)
Correct all non-conformities.
7)
Keep a copy of the report.
8)
Post Certificate of Occupancy in each building.
Other miscellaneous issues that DOL is citing BOCES for:
1)
Lack of continuous flow eye wash station in Biology and Chemistry Departments. (They must
be able to flush each eye continuously for at least 15 minutes).
2)
Not monitoring art teachers’ exposure to air borne lead from kiln operation using lead glazes.
3)
a.
Not giving art teachers and custodians who clean art rooms copies of the air borne lead
exposure appendix.
b.
Not keeping surfaces clean of accumulation of lead dust.
Not monitoring employees in Biology Department for exposure to formaldehyde.
When an OSHA, DOL or PESH inspector comes to your facility you should know your rights.
THE SAFETY COORDINATOR OFFICE WILL BE CONDUCTING ANNUAL
ENVIRONMENTAL MANDATED AUDITS OF EACH BOCES FILE TO ASSIST YOU WITH
COMPLIANCE.
2005
4530R.1
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
BUILDING SECURITY
In order to provide uniform procedures for administering and maintaining a security system on a
BOCES-wide basis, and in order to help avoid incidents of breaking and entering, theft and vandalism,
the following regulations shall govern all buildings and facilities.
Guidelines:
1)
No change shall be made on or to any locks/locking devices in any building without the
expressed authorization of the Facilities Executive Director.
2)
No faculty/staff member shall possess at any time an exterior entrance master key, with the
exception of (1) the BOCES administrator(s), (2) the building custodian(s), and (3) such
other persons who possess express written authority from the Superintendent of Schools.
3)
No faculty/staff member shall possess at any time an area key to facilities which are not
within the scope of his/her primary assignment.
4)
No student shall possess or be given a key for temporary use.
5)
All classroom keys provided for faculty/staff members’ use shall be issued annually in
September, and returned the following June as part of the final year-end audit.
6)
All unoccupied areas, including classrooms, laboratories, custodial closets, storage rooms
etc. shall be locked at all times.
7)
Although the building administrator is held responsible for the operation of his/her facility,
after school hours the Facilities Executive Director shall have primary responsibility for
BOCES security and building security during the absence of the building administrator.
8)
Staff members are to direct all visitors to the main office where visitors are identify
themselves and their purpose in visiting the school. Visitors will be required to sign the
visitor’s book upon entering the school and each visitor will be issued an identification
badge. Visitors are to notify the main office of their departure and sign out upon leaving
the building, returning their identification badges to an office staff member.
9)
If a staff member notices that a visitor does not report to the main office upon entering the
building, he/she should report that occurrence to the building principal/designee.
10) Staff members are to report any malfunctioning outside doors to the main office.
(Continued)
2005
4530R.1
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
BUILDING SECURITY (Cont’d.)
11) Teachers are not to lock their classroom doors whenever they take students out of the
building.
12) Signs will be posted throughout the school building directing visitors to report to the main
office.
13) After the start of the school day, all outside doors, with the exception of the main entrance
will be locked.
2000
4530R.2
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
HAZARD COMMUNICATION PROGRAM
The Hazard Communication Program is written to inform employees that the hazards of all
chemicals and/or chemical products present, entering and used in the Base BOCES have been
evaluated and that information concerning the hazards has been transmitted to employees who may be
exposed to such chemicals.
This program is written to fulfill the requirements of the Occupational Safety and Health
Administration, 29 CFR 1910.1200 and to fulfill the requirements of the New York State Official
Compilations of Codes, Part 820 of Title 12.
All work units of the BOCES are included within this program. The written program will be
available in the Office of the Risk Management Coordinator for review by any interested employee.
Container Labeling
The Risk Management Coordinator will verify that all containers received for use will:
1)
Be clearly labeled as to the contents;
2)
Note the appropriate hazard warning;
3)
List the name and address of the manufacturer.
All secondary containers will be labeled with either an extra copy of the original manufacturer’s
label or with the generic labels which have a block for identity and blocks for the hazard warning. If
written alternatives to labeling of temporary containers are used, a description of the system used will
be added. The Risk Management Coordinator will periodically review the BOCES labeling system
and update as required.
Material Safety Data Sheets (MSDS)
The Risk Management Coordinator will be responsible for obtaining and maintaining the data
sheet system for the BOCES. Such person will review incoming data sheets for new and significant
health/safety information. He/she will see that any new information is passed on to the affected
employees. (If alternatives to actual data sheets are used, a description of the system will be
provided.) Copies of MSDS’s for all hazardous chemicals to which employees of this BOCES may be
exposed will be kept in the Office of the Risk Management Coordinator. MSDS’s will be available
to all employees in their work area for review during each work shift. If MSDS’s are not available or
new chemicals in use do not have MSDS's, the Risk Management Coordinator should be immediately
contacted.
(Continued)
2000
4530R.2
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
HAZARD COMMUNICATION PROGRAM (Cont’d.)
Employee Training and Information
The Risk Management Coordinator is responsible for the employee training program. He/she
will ensure that all elements specified below are carried out. Prior to starting work, each new
employee will attend a health and safety orientation and will receive information and training.
After such training, each employee will sign a form to verify that he/she attended the training,
received our written materials, and understood the BOCES’ regulations on Hazard Communication.
Prior to a new chemical hazard being introduced into any section of the BOCES, each employee of
that section will be given the necessary information.
List of Hazardous Chemicals
The hazards associated with chemicals used by Base BOCES will be identified from the Material
Safety Data Sheets obtained from the chemical supplier. Information on each noted chemical can be
obtained by reviewing the Material Safety Data Sheets located in the Office of the Risk Management
Coordinator. Anyone who receives a Material Safety Data Sheet must send a copy to the Safety
Coordinator.
Hazardous Non-Routine Tasks
Periodically, employees are required to perform hazardous non-routine tasks. Prior to starting
work on such projects, each effected employee will be given information by their immediate
supervisor about hazardous chemicals to which he/she may be exposed during such activity.
Informing Contractors
It is the responsibility of the Risk Management Coordinator to provide contractors performing
work in the BOCES the following information:
1)
Hazardous chemicals to which they may be exposed while on the job site;
2)
Precautions the employees may take to lessen the possibility of exposure by usage of
appropriate protective measures.
The Risk Management Coordinator will be responsible for contacting each contractor before
work is started in the BOCES to gather and disseminate any information concerning chemical hazards
that the contractor is bringing into the BOCES.
2000
4530R.3
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
HAZARDOUS MATERIALS
Purchase of Hazardous Materials
All materials (plants, animals, chemicals, solvents, solutions, and cleansers) should be presumed
hazardous until they are declared not hazardous.
A material declared not hazardous will be approved for purchase without restriction.
A material declared hazardous will be approved for purchase with appropriate restrictions or will
be prohibited.
A qualified science teacher, a qualified art teacher, and a qualified person from buildings and
grounds will be appointed to screen materials. They will either prohibit the purchase of specified
materials or approve such purchase stating the restrictions which apply.
The list of prohibited and approved materials will be available to all appropriate employees.
Appropriate employee is the person who would be presumed to be the head of that department,
organization, or activity.
Those employees will certify on all purchase orders that the materials ordered are approved for
the conditions under which they are ordered. If the materials to be ordered are not on the list, the
department head shall submit the materials to one of the persons designated for approval. The
individual initiating the purchase must request the Materials Safety Data Sheet, (OSHA-20 form). The
information on this form must be disseminated to all who use the material and the form must be kept
on file within the department.
The list of materials will state whether each material is prohibited or approved. If approved, it
will state who may use the material (cleaners, teachers, students) and the maximum quantity permitted
for purchase.
Storage of Hazardous Materials
Chemicals or hazardous materials should be kept in a central location as per individual
department or organization. This will insure that the proper facilities and requirements for their
storage, i.e. ventilation or flammability, will be available in a secure facility.
These materials should be grouped according to chemical compatibility and stored on proper
shelving or in approved cabinets.
Quantities of a hazardous material or of any chemical should be limited to an as-needed basis or
to be used up within one year. This will prevent excess accumulation and insure that fresh material is
available.
(Continued)
2000
4530R.3
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
HAZARDOUS MATERIALS (Cont’d.)
Use of Hazardous Materials
Each department or organization must establish specific guidelines for dispensing, use and
disposal of hazardous materials. These guidelines must be posted or otherwise available to people
using the materials.
All employees using hazardous materials must be made aware of the hazards of the material, the
proper use of these materials, and first aid measures to be taken in the event of accidents and
emergencies. This information should be provided by the employee’s supervisor as obtained from the
“Material Data Safety Sheet.”
All hazardous materials which are used will be approved for use subject to the conditions
specified concerning:
1)
The people who handle the materials.
2)
The location and conditions where these materials are used.
3)
The quantity to be used.
4)
The quantity available from the dispenser.
5)
The maximum allowed concentration of solutions.
6)
The method of disposal to be used.
7)
Other restrictions such as aprons, glasses, masks, ventilation, etc.
Disposal of Hazardous Materials
In order to be responsible in the use of hazardous substances, we must also be concerned with
the safe disposal of dangerous, unwanted, or unlabeled materials.
While some materials may be disposed of easily through ordinary means, others require
foresight, planning, and a safe method. Each department or organization will maintain a list of proper
disposal methods for any hazardous materials it uses.
The disposal of any material denoted as hazardous must be planned before its use and/or
purchase. The Superintendent of Buildings and Grounds is to be contacted for removal of these
substances for which there is no ordinary means of disposal.
2000
4540R
Non-Instructional/Business
Operations
SUBJECT:
SAFETY AND HEALTH MANAGEMENT PROGRAM RESPONSIBILITY
The basic responsibility for safety and health rests with the individual employee. It is a
condition of employment for all employees to work and act in a safe manner at all time. Employees
are responsible for:
1)
2)
3)
4)
Following all established safety rules and regulations
Reporting hazards to supervisors
Reporting all injuries, no matter how minor
Attending safety training sessions
Supervisors and department heads play a vital role in the implementation of safety policies.
Supervisors are responsible for:
1)
2)
3)
Developing proper attitudes towards safety and health in themselves and those they
supervise
Ensuring that all operations are performed with the utmost regard for the safety and health
of all personnel involved, including themselves
Conducting accident investigation to determine cause and taking appropriate follow-up
actions
The Safety Committee is responsible for:
1)
2)
Developing and monitoring procedures to detect and eliminate hazards
Providing training in safe work procedures
The Superintendent is responsible for:
1)
2)
3)
Developing administrative procedures to implement this policy
Providing periodic safety reports, including employee injury trends, to the Board
Recommending rules which ensure the maintenance of a safe and healthful workplace
The safety coordinator is management’s designee to facilitate the safety management program by
working to develop more effective and more efficient programs.
The continued cooperation of all personnel is required to support and sustain an effective safety
program. Only through such a cooperative effort can an exemplary safety and health program be
established and preserved.
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SUBJECT:
BOCES EMERGENCY MANAGEMENT PLAN GUIDELINES
The following guidelines were contained in the State Education Department communication
“School Notification and Emergency Planning for Severe Weather and Tornadoes,” February, 1990:
1)
The building principal and non-instructional supervisor shall develop a school emergency
management plan to be incorporated into the BOCES Emergency Plan.
2)
The Superintendent shall establish an Emergency Planning Committee to include representatives
from various areas of the BOCES such as:
a.
Emergency Coordinator;
b.
Superintendent of Schools;
c.
Board of Education Member;
d.
Building Principal;
e.
Faculty Representatives;
and may include,
3)
f.
Transportation Supervisor;
g.
Superintendent of Building and Grounds;
h.
Health Services;
i.
Food Services;
j.
Student Representatives;
k.
Private School Representative.
A Command Post shall be established, identified and maintained for coordination of emergency
response efforts.
(Continued)
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SUBJECT:
4)
5)
BOCES EMERGENCY MANAGEMENT PLAN GUIDELINES (Cont’d.)
By October 1 of each school year, instructions on emergency procedures shall be given to
students and staff. These instructions shall include:
a.
Identification of alarm warning system;
b.
Various required response actions;
c.
Names of BOCES Emergency Coordinator and Emergency Planning Committee members;
d.
Emergency information methods;
e.
Additional information sources.
Annual emergency drills for sheltering or dismissing students and staff shall be held, and
parents/guardians shall be notified in writing of the drill and early dismissal.
For additional information, please refer to the Emergency Management Plan.
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Emergency Planning Checklist
All materials and supplies on this checklist must be updated as needed and annually by October 1st.
Date Completed: ______________________
Each Principal/Building Incident Coordinator must ensure the following information and supplies are
appropriately located in an easily accessible location. If the building is evacuated, a designated person
must take the Emergency Planning Binder, backpack and other listed supplies out of the building. Each
Principal/Building Incident Coordinator must also have a copy of the information with a * in front of it,
located in their home for emergencies that occur outside of the workday. Additionally, 4 copies of the
materials with a  in front of it, must be sent to the BOCES Safety Coordinator of distribution as
follows: 1. BOCES Command Center, 2. Alternate Command Center site, 3. Office of Public
Information, and 4. Department Executive Director.
Emergency Planning Binder located in the Building Command Center with the following:
Emergency Telephone Numbers List
* Departmental Chain of Command Phone List
 List of Building Emergency Planning committee members
* School building information report and program sheet
 Building incident teams sheets
Emergency Plan activation responsibilities
Emergency Plans of Action - Signals, etc.
1. Cancel School Prior to Start/Delayed Opening
2.  Evacuation Plan including:
 Evacuation Procedures/Fire Drill
 Evacuation zone routes and assembly areas
 Floor plans with room numbers, exits, exit routes, boiler cutoff, water shutoff, electrical
control box, shelter assembly areas and evacuation assembly areas marked
 Special building evacuation needs assessment and summary
 Special transportation needs assessment and summary with a total count of building
occupants including staff (updated to Transportation office as needed)
 Evaluation site information (and agreements if appropriate) for primary and alternate site
with address, telephone number and contact person
 Maps of primary routes and alternative routes to evacuation sites
3. Early dismissal/Go-home plan and Sheltering Plan
 Early dismissal and Sheltering drill and notification information
 In-school sheltering procedures with sheltering areas designated (including plans for food
provisions)
4. Lockdown
5. Duck and cover
6. Severe weather/Earthquake response
7. Bomb threat response
 Bomb threat search and wait procedure
 Pre-clearance and security screening in lieu of evacuation
 Re-occupancy of a school building
 New York State School Bomb threat and serious incident reporting
 Bomb threat call checklist
(Continued)
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8. Other hazards and emergencies
 Intruder on campus
 Missing or runaway student
 Abduction
 Suicide threat
 Student or civil disturbance
 Weapons on Campus
 Hostage situation
 Violent behavior warning signs
 Medical emergency
 Anthrax emergency
 Off campus emergency
Post-Incident Actions
Crisis Recovery
Emergency Response Assessment (Post-Incident Evaluation Survey)
Student Information section
 Student Roster with home address, telephone number, emergency contacts, and home school
district (hard copy, may also be on disc)
 Student bus routes (school to home route)
 Student Critical Health Needs List
Staff information section
 Staff roster with emergency contacts
 *Telephone chain lists for school closings (closed loop - to confirm the chain went through)
Building Telephone Directory (including room number and staff)
 Special chemical hazards and MSDSs
 Shelter Agreement (if this BOCES site is to be used by another group as an emergency shelter)
Appendix A - Sample notifications and forms
 Annual student/staff Emergency Procedures notification
 Parent/guardian Sheltering/Early Dismissal Drill notification
 Emergency Incident Report form
 Report of Mandated Fire Drills form
 Student Release form sample (Log may be used)
Appendix B - Regulations of the Commissioner of Education Section 155.13 School Emergency
Management Plans
Emergency Response Backpack to hold the Emergency Planning Binder as well as the following
(minimum):
 Cellular telephone with rechargeable battery and car adapter
 Two-way radios
 BOCES telephone directory
 6 writing pads with clipboards
 1 dozen ball point pens (replace annually by October 1)
 1 dozen magic markers (replace annually by October 1)
 Blank or pre-made tags or sticky labels for student identification at evacuation shelters
 Tags to identify BOCES staff and their emergency roles
 Signs to identify areas such as: KEEP OUT; STAGING AREA; MEDIA; PARENTS
 Student and Employee Incident forms
 Student Release forms or log
 1 bull horn
 1 flashlight (purchase fresh batteries annually by October 1)
(Continued)
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Emergency Backpack continued
 Battery operated AM/FM radio (purchase fresh batteries annually by October 1)
 Cellophane tape
 Duct tape
 Ball of string
Main Office/Emergency Command Center to have:
 NOAA Weather Radio (operational and located in a staffed area)
 Nassau County Telephone Directory
Head Custodians Office to have:
 6 emergency flashlights and spare batteries (purchase fresh batteries annually by October 1)
 6 emergency signal lights such as flares or flashers
 Emergency tools kit
 Caution tape
 Keys to all locks on campus
Nurses Office to have:
 Medicines cart
 First-aid supplies including tags for triage
 Students’ Critical Health Needs List
 Student emergency cards
The Emergency Plan must be tested annually.
Parents/Guardians must be notified at least one week prior to the drill.
(Sample notification in Appendix A).
Annual Emergency Plan Test of Sheltering and Early Dismissal:
_______________________________
______________________________
Time to complete Sheltering Drill
Time to complete Early Dismissal Drill
_______________________________
______________________________
Date Tested
Signature of Principal/Building Incident Coordinator
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Department
Chain of Command Phone List
In an emergency, it is the responsibility of the Principal/Building Incident Coordinator to keep Central
Administration informed. The administrator on the top of the list must be called; if that person is unavailable,
call the next person on the list, and so on until you reach an administrator from the Central Office of your
department.
The safety of students and staff is paramount. If the decision is made to evacuate the building, the evacuation
becomes the primary task. Notification calls to the Department Central Office should be made outside of
the building.
Name
Title
Executive Director
Assistant Director
Supervisor
Supervisor
1.
2.
3.
4.
Telephone Number
School Building
Emergency Planning Committee
Building
Incident Coordinator
Alternate Coordinator
Head Custodian
School Nurse
School Social Worker
Faculty Representative
Teacher Aide
Representative
Nassau BOCES
Safety Coordinator
(Continued)
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School
Building Information Report
Building Name:
Address:
Update as needed and annually by October 1st
Date Completed:
Telephone Number:
Fax Number:
Cell Phone Number:
Department:
Program:
Principal:
«School Name»
Primary
Command Post (in building)
Main Office
Command posts must be in an easily accessible and
known location for coordination with emergency
responders and for receiving information and
communications related to the incident.
Telephone #:
Alternate
Telephone #:
Command Post (outside
building)
Incident Coordinator
Shelter Site (within the
building)
Severe Weather Shelter Site
Treatment Area (outside the
building)
Evacuation Site
(1° - Closest BOCES site/
transportation available)
(Alt. - Within walking distance)
Number of Students: ____________ as of ____________________
Date
Number of Full Time Staff Members: __________
Number of Part Time Staff Members: __________
Total Staff:
__________
Including: _________________________________________________________________________
Comments: ________________________________________________________________________
(Continued)
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Staff Trained in First-Aid
School Nurse/Health Office: Room #
Registered Nurse:
Licensed Practical Nurse:
Health Aide:
Other staff CPR/First-Aid
Certified:
Telephone Ext. #:
Building Crisis Counseling Team
Position
School Social Workers:
Name
Telephone Numbers
School Psychologists:
Guidance Counselors:
Scribes
Clerks will be assigned to the Incident Coordinator and to the Nurse for purposes of keeping
documentation.
Scribe
Incident Scribe
Medical Scribe
Head Custodian
Name
Telephone Number
Scribe Alternate
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SUBJECT:
COMMUNICABLE DISEASES
Definitions:
1)
Communicable Disease - A disease caused by an infectious agent (bacterial, viral, parasitic,
other) which can be spread from one individual to others.
2)
Agent - Pathogenic bacteria, viruses, parasites or toxins which cause disease.
3)
Host - Individual either infected with pathogenic agent or susceptible to infection.
4)
Environment - All factors external to the agent and host which must be present to facilitate
spread of agent.
5)
School Health Service Personnel - School Physician, School Nurse Practitioner, School Nurse
and other professional persons employed to render health care and services.
Delegation of Authority:
The Superintendent of Schools is authorized to implement this regulation in accordance with the
New York State Education Law, Public Health Law, and Sanitary Code.
Primary responsibility for implementation of this regulation lies with the Building Principal and
School Nurse, with advice from the School Nurse Practitioner and/or School Physician as necessary.
All School Health Service Personnel are charged with the responsibility to inform and advise
Administration about current scientific knowledge concerning communicable disease control.
Basic Assumptions:
The spread of communicable disease is halted by any one of the following:
1)
2)
3)
Decreasing the pathogenicity of the agent;
Decreasing the susceptibility of the host;
Changing the environment which makes the spread of disease possible.
The focus of communicable disease control is prevention through:
1)
2)
3)
4)
Immunization;
Cleanliness and Sanitation;
Health Education;
Case finding by School Personnel;
(Continued)
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SUBJECT:
5)
6)
COMMUNICABLE DISEASES (Cont’d.)
Isolation, as appropriate, of person with communicable disease from others in the school
setting;
Encouragement of appropriate medical management.
Isolation of Person With Communicable Disease
Students
Any student who shows symptoms of any contagious or infectious disease which is reportable
under the Public Health Law and the State Sanitary Code shall be immediately excluded from school
until one of the following requirements for readmittance is fulfilled:
1)
Submission of a certificate from the student’s physician attesting to recovery;
2)
Submission of a permit for readmittance to school, issued by the local health officer;
3)
Submission of authorization for readmission issued by the BOCES medical examiner.
If it is determined by the School Health Service Personnel that a student’s physical condition
endangers the health or safety of the individual or others, that individual may be suspended from
school under the authority of, and in accordance with procedures established by Education Law
Section 3214. This determination will be in accordance with informed medical opinion as to the
infectiousness of the agent, the mode of transmission, the seriousness of the disease, and the treatment
regimen. The goal is to prevent the spread of communicable disease and to facilitate the ill
individual’s return to health.
If a student with a communicable disease is not required to be excluded from school, an
individual care plan will be developed by the School Health Service Personnel, in conjunction with
other appropriate building personnel, to include methods to prevent the spread of infection to others
and to reduce the risk of exacerbation of the student’s disease.
Decisions regarding the type of educational program and care setting for a student with a
communicable disease shall be based on:
1)
2)
3)
4)
The age, behavior, neurological development, and physical condition of the child;
The expected interaction of the child with others in the school setting;
The risks and benefits to both the ill student and to others in that setting; and
Other relevant criteria.
(Continued)
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SUBJECT:
COMMUNICABLE DISEASES (Cont’d.)
If the student is excluded from school as a result of the communicable disease, the school
administration shall provide said student with an adequate alternative education.
If a student with a communicable disease is suspected to be a child with a disability, such as to
require special education by reason of his or her health impairment, the student shall be referred to the
BOCES Committee on Special Education ("CSE"). The CSE shall conduct an evaluation and
determine if the student is a child with a disability.
Employees
When the Superintendent has reasonable cause to believe that an employee has a communicable
disease, the Superintendent shall:
1)
Report the full name and address of the employee to the local health officer;
2)
Request the Board of Education to require the employee to submit to an examination by the
School Physician; and
3)
Require the employee to grant written authorization for the release of medical reports, and
for his or her personal physician to discuss the matter with the School Physician.
If it is determined that the employee has a disease which is designated as communicable by the
State Sanitary Code, the Superintendent of Schools shall refer the matter to the School Physician who
shall isolate the employee pending official action by the local health officer.
If the disease is highly communicable, but not designated as such by the State Sanitary Code, or
if the School Physician determines that the individual is endangering himself or herself by continuing
to work, the employee is encouraged and may be required to remain at home and seek appropriate
medical management.
An employee with a communicable disease shall be granted paid sick leave in accordance with
the applicable collective bargaining agreement.
If an employee with a communicable disease is able to be in school and there is little risk to
others (as determined by the School Physician), the administration will attempt to accommodate the
work environment to assist the individual. A plan will be developed as necessary to protect the ill
individual and to prevent the spread of infection to others in the school setting. Said plan may include
reassignment of the employee to a position where he or she works in isolation or limited contact with
others.
(Continued)
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SUBJECT:
COMMUNICABLE DISEASES (Cont’d.)
If the School Physician determines that 1) the employee has a currently contagious disease or
infection and 2) the presence of the employee on the job is and will continue to constitute a direct
threat to the health, safety or welfare of that employee or other individuals by reason of his or her
currently communicable disease or that the employee is unable to perform the duties of the job by
reason of his or her currently communicable disease, such employee shall be removed from the regular
workplace and his or her employment may be terminated or suspended in accordance with applicable
statutes and regulations. Any employee, contagious or not, who is unable to perform his/her
customary duties or those of any alternative assignment, shall be terminated or placed on disability
retirement. The Superintendent of Schools shall see that procedural protections are complied with in
any decision to terminate or retire an employee.
Encouragement of Appropriate Medication Management
In addition to the above procedures, any individual with a suspected communicable disease will
be referred to his or her family. As appropriate, School Health Personnel will:
1)
Advise the seeking of professional care or advice from the physician, pharmacist, clinic or
other;
2)
Aid the individual in complying with the treatment regimen in cooperation with the
primary health care provided;
3)
Encourage follow-up; and
4)
Act as a resource to the family to facilitate the individual’s return to optimum health.
School attendance will be either encouraged or discouraged in the best interest of the ill
individual.
Employee Obligation
No susceptible employee shall be required to work with or to have personal contact with an
individual with a communicable disease unless safeguards have been made to avoid the spread of the
disease within the school setting.
In the event that alternate instruction is planned which requires personal contact with an infected
student, a school employee may decline such assignment without penalty.
Confidentiality
The individual’s privacy shall be protected by school personnel. Except as otherwise required by
law, the identity of any individual with a communicable disease shall not be revealed. All records
shall be confidential.
(Continued)
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SUBJECT:
COMMUNICABLE DISEASES (Cont’d.)
Except if otherwise authorized by the infected employee, student or person in parental relation,
the only persons who will be informed of an infected individual’s condition are those who:
1)
Require such knowledge to assure proper care of the ill individual; or
2)
Should be informed to detect situations where the potential for transmission may increase;
or
3)
Are individuals who, in the judgment of the family and School Health Care Personnel,
should have such knowledge.
Cleanliness and Sanitation
Pursuant to the Public Health Law, Regulations of the Commissioner of Education, and
Recommendation of the CDC (Center for Disease Control), the School Administration shall establish,
and all school personnel shall comply with, routine procedures for handling body fluids and wastes
and storing, handling, and disposing of hypodermic syringes and needles. Procedures will be
developed by the Superintendent of Schools.
Handwashing is fundamental in the prevention of the spread of infection. All personnel and
students are required to thoroughly wash their hands with soap and water before handling food, after
toileting, and after handling body fluids and discharges.
Under the authority of the Food Service Director, all Food Service Personnel are required to
comply with the New York State Sanitary Code to best avoid the spread of food borne infection.
Under the authority of the Superintendent, all school buildings will be cleaned and maintained so
as to best prevent the spread of infection.
Health Education
School Health Service Personnel shall keep informed of current scientific information to enable
them to better prevent the spread of communicable disease and will share this knowledge with other
school personnel as appropriate.
School Health Service Personnel shall give information to parents/guardians as appropriate to aid
in the prevention, treatment, or interruption of the spread of communicable disease.
Students from Kindergarten through Grade 12 will receive instruction about the causes,
prevention, and treatment of communicable diseases to enable them to remain as free from illness as
possible.
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SUBJECT:
PUBLIC ACCESS DEFIBRILLATION (“PAD”) PROGRAM
In order to enhance safety measures for the residents and the guests of Nassau BOCES at
certain school, program and office facilities, Nassau BOCES has instituted a public access
defibrillation program (the “PAD Program”). This regulation sets forth the practice protocols and
procedures of the PAD Program and is deemed incorporated into each collaborative agreement to
which Nassau BOCES is or becomes a party. The regulation is designed to assure that the Nassau
BOCES personnel who operate the public access defibrillators (“PAD”) are properly trained, that all
PAD equipment is maintained in good operating condition, and that all New York State Laws, rules
and regulations applicable to the program are strictly adhered to by Nassau BOCES.
The Nassau BOCES PAD program will be coordinated by the Nassau BOCES Safety
Coordinator. Each Nassau BOCES site with one or more PADs will have an employee at that site
assigned as the AED Coordinator for that site. The AED Coordinator will usually be the Building
Incident Commander for that site, as detailed in the building Emergency Response Plan, under the
SAVE legislation. The AED Coordinator has responsibility for the PAD program at the site level.
A.
Training
1.
A volunteer PAD emergency response team (PAD Team) of Nassau BOCES employees will
be trained in each Nassau BOCES site that has one or more PADs.
2.
Only those Nassau BOCES employees who are trained to use PADs in accordance with the
laws of the State of New York shall be authorized to use the PADs.
3.
All authorized personnel must successfully complete a training course in the operation of
PADs designed by a nationally recognized organization approved by the New York State
Department of Health for the purpose of training people in the use of PADs for both adult and
pediatric use.
4.
Nassau BOCES will maintain on file a written certification card or other written evidence
establishing such authorized person’s successful completion of an approved PAD training
course.
5.
All such certifications must be current and still effective under the standards of the
organization that has approved the course to which such certification relates, and only
authorized personnel with certifications effective at the time of use of any PAD may use a
Nassau BOCES PAD.
6.
Nassau BOCES will provide ongoing training in the use of PADs for its authorized personnel
to the extent recommended by the organization that has approved the training courses attended
by Nassau BOCES authorized personnel.
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7.
All authorized personnel shall be familiar with and trained to use the specific model of PAD
units owned by Nassau BOCES.
8.
Periodic drills of the PAD program at each site with one or more PADs will be conducted. The
drills will either be live or tabletop.
B.
Location of PAD Unit(s)
1.
Nassau BOCES has 33 PAD units, which are to be available at the following locations:
Program/Site
Location
CIT
CIT Warehouse (Locust) 1. Main corridor past reception area.
Hawthorn
1. Main hallway past conference room B entrance.
IPAS
Brookville--Outdoor and 1. Portable Unit at Visitor Center.
Environmental Ed.
Caumsett
1. Program office in Summer Cottage.
Cultural Arts Center
1. Main hallway "A" building on wall perpendicular to vending machines.
PACE
1. Principal’s office inside main office.
TAP
1. Main hallway, first floor outside main office.
Even Start (Roosevelt)
Special Education
Rosemary Kennedy
Carman Road
ECC/Hearing/Vision
Jerusalem Avenue
Eagle Avenue
Seaman Neck
CCA
CCA at Herricks
ALP
1. Main office.
1.
2.
1.
1.
2.
1.
2.
1.
1.
1.
2.
1.
1.
Around the corner from the main entrance across from the gym.
Portable unit in residence house.
Assistant Principal's outer office in rear wing.
Main office in Gallow.
Nurse’s office in Karopczyc.
First floor hallway outside library across from cafeteria.
Second floor hallway outside guidance office.
Outer room of nurse's office on first floor.
Main lobby outside of Assistant Principal's office.
Hallway outside main office in 800 wing near 1500 wing.
Portable unit in Nurse’s office to be taken to residence house when in use.
Psychologist’s Office.
Main office in rear copy room.
Career Preparatory High
School
1. Main office by CCTV.
2. Portable unit stored in custodial shop.
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CTE
Barry Tech
North Shore Equestrian
Carle Place
Administrative Center
Facilities
Graphics and
Transportation
1.
2.
3.
1.
1.
1.
2.
1.
2.
1.
Main office, E102, for east wing and part of center wing.
Adult Evening Office, C209, for west wing and part of center wing.
Assistant Principal suite, C228.
Portable unit for program use onsite and for offsite competitions.
Principal’s office in basement.
First floor, main lobby near reception desk.
Portable in Deputy Superintendent’s office (backup for Agency)
Building "C" - Main lobby/office area.
Building "F"- Warehouse front office.
Building "A" - Transportation lunchroom.
2.
If Nassau BOCES elects to obtain additional PADs, this regulation shall be amended to reflect
such additions, and the location at which they shall be employed.
C.
Maintenance and Inspection of PAD Unit(s)
1.
All PAD units shall be kept protected in their cases, as supplied by the manufacturer, and shall
be kept in a clean, warm, and dry location at all times when not in use.
2.
(a)
Daily inspections: The AED Coordinator assigned to the site at which a PAD unit is
located shall conduct, or direct a subordinate employee to conduct, a daily visual
inspection of such PAD to determine whether any of the self-diagnostic tests and the
special service indicator lights (if equipped) indicate that attention is required.
(b)
Monthly inspection: The AED Coordinator of any site at which a PAD unit is located
shall, on the first business day of each month, inspect the PAD unit stationed at such
site, and shall note on a monthly safety inspection report to be submitted to the Safety
Coordinator, the status of the PAD located at such site.
(c)
Bi-Annual inspection: The Safety Coordinator shall inspect each PAD unit bi-annually.
Each inspection shall include observation of all self-diagnostic indicators on the equipment, as
well as verification that each unit is complete, clean and in good operating condition.
If a problem is detected in any such inspection, or if some attention otherwise seems
warranted, then the PAD unit should be serviced or attended to immediately. The person
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inspecting the unit and detecting problems or any other need for attention shall promptly notify the site
AED Coordinator to report the results of the inspection, immediately upon completion of the
inspection. The site AED Coordinator will notify the Safety Coordinator. The Safety Coordinator
will then notify technical support.
In the event that such service or attention so warrants, arrangements must be made
immediately to have a replacement PAD unit provided until the PAD unit is serviced or repaired and is
again fully functional.
D.
In the Event of Emergency
1.
IN THE EVENT OF ANY EMERGENCY, IMMEDIATELY CALL THE BUILDING
COMMAND POST (usually the MAIN OFFICE)/BUILDING INCIDENT COMMANDER to
report the emergency. To avoid delays in receiving emergency services, employees with
access to a telephone or cell phone that is able to dial out of BOCES may call 911, but must
inform the Principal/Building Incident Commander immediately afterwards. Stay with the
victim until emergency assistance arrives.
2.
If 911 has not already been called, the Building Incident Commander will direct a call be made
to 911 or directly to the EMS, in locations where a direct call results in a faster response, as per
the Building Emergency Response Plan
3.
The Building Incident Commander will direct that the following announcement be made over
the PA or intercom system to activate the PAD Team:
CODE 13 - BLUE - PAD Team report to: (location of incident).
E.
After the Arrival of Medical Assistance
1.
After emergency medical service assistance has reached the location of the emergency, the
Nassau BOCES employee or employees who have been attending to the emergency situation
shall remain at the scene to assist the emergency medical service personnel.
2.
If the accident or emergency victim must be transported from the site with the PAD unit, the
local emergency services will determine to which hospital the victim will be taken. Inquiry
should be made of the ambulance or other emergency vehicle operator by a member of the
PAD Team. If that information is not available, then such member of the PAD Team shall
contact the Emergency Medical Services provider’s offices to determine where that emergency
vehicle or ambulance took that victim.
3.
Immediately following an incident the AED Coordinator will contact the Safety Coordinator to
inform that an incident occurred and to arrange for removal of the data card for data collection.
The Safety Coordinator will contact the emergency health care provider (hereinafter referred to
as “Medical Director”) with which Nassau BOCES has
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entered into a collaborative agreement related to this Program. The Safety Coordinator and the
Medical Director must file reports with respect to each incident involving use of a PAD.
Therefore, it is imperative that the data be retrieved after any PAD unit’s use.
4.
If any situation in which any Nassau BOCES PAD remains at the scene after it is used, the
AED Coordinator or PAD Team should immediately secure it. When a unit is removed from
the premises, the employee involved in the incident and assisting EMS and the victim should
provide all relevant information to the Nassau BOCES Safety Coordinator, so that the Safety
Coordinator may retrieve the PAD unit.
5.
The AED Coordinator must perform a post-incident equipment check to ensure that the PAD is
returned to a state of readiness. He/she must ensure the return the PAD to its designated area
for future use.
F.
Documentation Requirements
1.
In the event that any PAD is used, the following steps are required:
G.
(a)
The authorized personnel using same should complete a PAD incident report. The
report must be sent to the Nassau BOCES Safety Coordinator for data collection and
quality review;
(b)
The Nassau BOCES Medical Director will be notified by the Safety Coordinator
promptly and provided with all relevant data;
(c)
The Safety Coordinator must prepare a report to submit the data to the Nassau Regional
Emergency Medical Services Council, 2201 Hempstead Turnpike, Bin #78, East
Meadow, New York 11554, (516) 542-0025.
Emergency Health Care Provider
Nassau BOCES has entered into a collaborative agreement with the following Medical
Director:
Gerald Brogan, M.D.
Vice-President Emergency Services
North Shore University Hospital
If the identity of the Medical Director changes, Nassau BOCES shall enter into a collaborative
agreement with the new Medical Director and shall submit the new collaborative agreement to
REMSCO.
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H.
Quality Improvement Program
As required by the NYS Health Department, Nassau BOCES will participate in a regionally
approved quality improvement program, the details of which can be obtained from the following
location:
Nassau County Regional EMS Council
2201 Hempstead Turnpike, Bin #78
East Meadow, New York 11554
(516) 542-0025
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SUBJECT:
EXPOSURE CONTROL PROGRAM: RESPONSIBILITIES OF THE SCHOOL
ADMINISTRATOR
Administrative Guidelines
It is the responsibility of the Superintendent to:
1)
Have a written Exposure Control Program based on New York State Department of Health
(DOH), New York State Education Department (SED), and Occupational Safety and
Health Administration (OSHA) or (PESH) guidelines;
2)
Determine which employees regularly perform tasks with the potential for occupational
exposure as a requirement of employment. (See Federal Guidelines);
3)
Have written Standard Operating Procedures (SOP’s) for all employee job descriptions,
giving specific attention to those tasks that require protective equipment to be worn (see
Exposure Categories);
4)
Provide all materials and protective equipment necessary to implement job descriptions,
giving specific attention to those tasks that require protective equipment to be worn (see
Exposure Categories);
5)
Designate a qualified person to coordinate, implement and provide education and training
for all employees. In many situations that person would be the School Nurse/School Nurse
Teacher;
6)
Support on-going continuing education for the designated individual that is responsible for
employee education/training;
7)
Provide education/training for all school staff and for new employees before potential
exposure to blood/body fluids:
a. Training must include all necessary elements as described in the Federal Register.
b. Each employee must receive annual training updates.
8)
Have a written procedure of accountability for compliance to the Exposure Control
Program;
9)
Review the program, training, implementation, etc. on an annual basis;
10)
Maintain employee education/training records that include date of training, summary of
content, names and social security number of all persons in attendance. Maintain for three
(3) years;
(Continued)
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SUBJECT:
EXPOSURE CONTROL PROGRAM: RESPONSIBILITIES OF THE SCHOOL
ADMINISTRATOR (Cont’d.)
11)
Provide copies of SOP’s to all employees; specifically to employees with the potential for
occupational exposure;
12)
Post SOP’s pertinent to each department in visible area;
13)
Store, package, label and transport regulated medical waste according to regulations;
14)
Provide medical counseling information to anyone involved in a blood/body fluid exposure
incident;
15)
Document each incident of mucous membrane or parenteral (other than through the
digestive tract) exposure to blood/ body fluids with follow-up measures taken. Maintain
for duration of employment plus 30 years.
16)
If an exposure takes place, and if the source consents to blood screening, results may only
be disclosed if consent has been given on official State Health Department Authorization
forms.
17)
Make available free, voluntary HBV vaccination to those employees whose job
descriptions require them to perform tasks with the potential for occupational exposure.
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SUBJECT:
STAFF EDUCATION/TRAINING
All BOCES are required to provide training for all staff who are categorized as having
occupational exposure to bloodborne pathogens. Annual updates for these staff members are also
required. Such training programs should strive to help individuals recognize the importance of routine
use of appropriate exposure control practices and protective equipment/materials in protecting the
health of all. No staff member should engage in any task requiring occupational exposure before
receiving training in standard operating procedures, work practices and protective equipment required
for the task. Furthermore, it is recommended that all staff receive training in exposure control to
assure their continued good health.
The training must include:
1)
An explanation of the exposure control plan covering general and universal precautions to
prevent transmission of all infectious diseases.
2)
An overview of potentially infectious diseases.
3)
An explanation of bloodborne diseases, specifically HBV/HIV, their modes of transmission
and signs/symptoms.
4)
A hands-on explanation of protective measures, equipment and materials, and how to use
them. Staff should also know where equipment and materials will be stored and how to
clean or dispose of contaminated materials.
5)
A review of standard operating procedures that will ensure that all staff are prepared to take
corrective action when the potential for exposure to bloodborne pathogens or other
infectious agents exist.
6)
Information about the Hepatitis B vaccine to ensure that staff are aware of its efficiency
and safety as well as its benefits when applicable.
7)
Information about exposure incidents, the appropriate reporting procedures and the medical
monitoring recommended in cases of suspected parenteral exposure.
8)
Available resources and services.
2000
4560R.2
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SUBJECT:
UNIVERSAL PRECAUTIONS FOR HANDLING BLOOD AND BODY
FLUIDS IN BOCES FACILITIES
Concern
The measures below are meant to provide simple and effective precautions against transmission
of disease for all individuals potentially exposed to the blood or body fluids of any student. No
distinction is made between the body fluids from students with a known disease or those from students
without symptoms or with an undiagnosed disease. However, organisms of concern are many
including AIDS Virus, Hepatitis A and B Viruses, Common Cold Viruses, Cytomegalovirus (salivary
gland, a sub-group of herpes), Mononucleosis Virus, Gastrointestinal Viruses, and Influenza Virus.
Guidelines
1)
Contact with Blood/Body Fluids
a. Body fluids of ALL persons (adult and children) should be considered to contain
potentially infectious agents.
b. Body Fluids - blood, semen, urine, feces, drainage from scrapes and cuts and
respiratory secretions (nasal discharge and saliva).
c. Contact with body fluids presents a risk of infection with a variety of germs. In
general, the risk is very low. Many germs may be carried by individuals who have no
symptoms of illness. These individuals may be at various stages of infection such as
incubating disease, mildly infected without symptoms or chronic carriers of certain
infectious agents including the AIDS related virus and hepatitis viruses.
2)
Avoid Contact
a. Disposable gloves will be available to all school personnel:
(1)
Recommended for direct contact with body fluids - nosebleeds, handling clothes
soiled by incontinence or cleaning small spills by hand.
(2)
Gloves used for this purpose should be disposed of with extreme caution. Place
in plastic bag or lined trash can.
b. Trash bags should be secured and disposed of daily.
3)
If direct contact occurs where gloves are not available:
Routinely wash with soap and water.
(Continued)
2000
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SUBJECT:
4)
UNIVERSAL PRECAUTIONS FOR HANDLING BLOOD AND BODY
FLUIDS IN BOCES FACILITIES (Cont’d.)
Care of non-disposable items (clothes, towels soaked with body fluids):
a. Wear gloves - rinse and secure in a plastic bag.
b. If pre-soaking is required to remove blood or feces, use gloves to rinse or soak the item
in cold water prior to bagging. Clothing should be sent home for washing with
appropriate instructions.
5)
Contaminated disposable items such as tissue, paper towels, or diapers should be handled
with disposable gloves.
6)
Removal of spilled body fluids from the environment:
Removing body spills such as vomit - absorbent agent should be used on spills (disposable
gloves should be worn). The vacuum bag or sweepings should be disposed of in a plastic
bag. The broom and dustpan should be rinsed in a disinfectant.
7)
Hand Washing Procedures
Requires the use of soap and water and vigorous washing under a stream of running water
for approximately 15 seconds. Use paper towels to dry hands thoroughly.
8)
Disinfectants - Several intermediate level disinfectants are listed which may be used:
a. Lysol Spray - Use to clean surface contaminated with body fluids.
b. Household Bleach (i.e., Clorox) - dilute 1 part household bleach to 10 parts water.
Must be prepared fresh daily. May also be used to clean contaminated surfaces, etc.
c. Isopropyl Alcohol 70% - suggested for musical mouthpieces, etc. Rinse mouthpiece
thoroughly following use of this disinfectant.
Other disinfectants are listed as follows, and may be used where appropriate and available:
d. Ammonium Germicidal Detergent - i.e., *Tri-quat, *Mytar, or *Sage
e. Iodophor Germicidal Detergent - i.e., *Wescodyne (tends to stain)
*Brand Names
(Continued)
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SUBJECT:
9)
UNIVERSAL PRECAUTIONS FOR HANDLING BLOOD AND BODY
FLUIDS IN BOCES FACILITIES (Cont’d.)
Disinfection of Hard Surface and Care of Equipment such as Desks, Countertops, and Mats
a. After removing the soil, the disinfectant is applied.
b. Mops should be soaked in a disinfectant after use - rinsed thoroughly or washed in a hot
water cycle before rinsing (household bleach - 10 parts water to 1 part bleach may be
used for this purpose).
c. Disposable cleaning equipment and water should be placed in a toilet or plastic bag as
appropriate.
d. Non-disposable cleaning equipment - dustpans and buckets
(1) Thoroughly rinse in disinfectant.
(2) Promptly dispose of disinfectant down drain.
(3) Remove gloves and discard them in appropriate receptacles.
10)
Disinfection of Rugs
a. Apply a sanitary absorbent agent. Let it dry and vacuum. If necessary, mechanically
remove it with a broom and dustpan. Then apply rug shampoo (a germicidal detergent)
with a brush and vacuum again. Rinse broom and dustpan in a disinfectant.
11)
Laundry Instructions for Soiled Clothing
a. Clothing soaked with body fluids should be washed separately from other items. Presoaking may be required for heavily soiled clothing. Otherwise, wash and dry as usual.
If the material can be bleached, add one-half cup of a household bleach to the wash
cycle. If the material is non-colorfast, add one-half cup of non-clorox bleach (Clorox II
or Borateem) to the wash cycle.
General Procedures
Supplies and personal protective equipment shall be provided to personnel designated to perform
body fluid handling. The location of the supplies and procedures for using such shall be made
available to the appropriate individuals.
Designated personnel shall receive proper training in handling blood and body fluid spills.
Personnel not designated shall be made aware of procedures to greatly reduce or eliminate their
exposure to blood or body fluids.
(Continued)
2000
4560R.2
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SUBJECT:
UNIVERSAL PRECAUTIONS FOR HANDLING BLOOD AND BODY
FLUIDS IN BOCES FACILITIES (Cont’d.)
Designated Personnel Should:
1)
Use disposable gloves before assisting in any incident involving blood or other potentially
infectious body fluid.
2)
Use gauze pads for bleeding control.
3)
Remove gloves using proper procedures.
4)
Wash hands thoroughly with soap and water using proper handwashing procedures.
5)
Restrict students/staff from contaminated area.
6)
Properly clean up and disinfect the contaminated site of any blood and/or body fluid.
7)
Report any contact with blood or body fluids to the school nurse/designee immediately.
8)
Categorize and dispose of waste following all applicable state and federal regulations.
Non-Designated Personnel Should:
1)
Issue self help directions to the affected individual in case of illness or injury involving
blood or body fluids.
2)
Notify school nurse or designated persons in charge of first aid.
3)
Assist, if necessary, the injured person to the Nurse’s Office if further movement will not
cause additional injury and bleeding is under control.
4)
As a last resort, in an emergency situation, provide direct assistance to the individual on a
“Good Samaritan” basis. Universal Precautions should always be practiced.
Personal protective equipment will be made available to non-designated personnel.
NOTE: Designated personnel authorized to handle blood and body fluids shall be offered the
opportunity to receive the Hepatitis B vaccination at a time and place convenient to work.
(Continued)
2000
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SUBJECT:
UNIVERSAL PRECAUTIONS FOR HANDLING BLOOD AND BODY
FLUIDS IN BOCES FACILITIES (Cont’d.)
Brief Summary of Proper Procedures
1)
Avoid contact with body fluids.
2)
Wear disposable gloves whenever possible.
3)
Clean up body fluids with towels or absorbent.
4)
Place soiled material in proper receptacle.
5)
Use disinfectant on soiled area.
6)
Remove gloves carefully and place in proper receptacle.
7)
Wash hands thoroughly with soap and water.
n
a s
s a u
Annual Bloodborne Pathogens Training
Attendance Roster
BOCES
Trainer:
Board of Cooperative Educational Services
Attendee Name (PRINT)
Social Security #
Job Title
Building
SIGNATURE
Date of
Training
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
4560F
19
20
4560F.1
1 of 2
EXPOSURE INCIDENT REPORT
(ROUTES AND CIRCUMSTANCES OF EXPOSURE INCIDENT)
Please Print
EMPLOYEE’S NAME _______________________________________________________________
SOCIAL SECURITY NO _________________________
DATE__________________________
HOME PHONE _________________________________
BUSINESS PHONE ______________
DATE OF BIRTH __________________
JOB TITLE __________________________________
EMPLOYEE VACCINATION STATUS ________________________________________________
DATE OF EXPOSURE________________
TIME OF EXPOSURE__________ AM____ PM____
LOCATION OF INCIDENT___________________________________________________________
NATURE OF INCIDENT (AUTO ACCIDENT, TRAUMA, MEDICAL EMERGENCY) - BE
SPECIFIC:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
DESCRIBE WHAT TASK(S) YOUR WERE PERFORMING WHEN THE EXPOSURE
OCCURRED - BE SPECIFIC:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
WERE YOU WEARING PERSONAL PROTECTIVE EQUIPMENT (PPE)?
YES____ NO____
IF YES, LIST ______________________________________________________________________
DID THE PERSONAL PROTECTION EQUIPMENT FAIL?
YES____ NO____
IF YES, EXPLAIN HOW: ___________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(Continued)
4560F.1
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EXPOSURE INCIDENT REPORT (Cont’.d)
(ROUTES AND CIRCUMSTANCES OF EXPOSURE INCIDENT)
Please Print
WHAT BODY FLUID(S) WERE YOU EXPOSED TO (BLOOD OR OTHER POTENTIALLY
INFECTIOUS MATERIAL)? BE SPECIFIC:
__________________________________________________________________________________
__________________________________________________________________________________
WHAT PARTS OF YOUR BODY BECAME EXPOSED? BE SPECIFIC: _____________________
__________________________________________________________________________________
ESTIMATE THE SIZE OF THE AREA OF YOUR BODY THAT WAS EXPOSED. _____________
__________________________________________________________________________________
FOR HOW LONG? _________________________________________________________________
DID A FOREIGN BODY (NEEDLE, NAIL, AUTO PART, DENTAL WIRES, ETC.) PENETRATE
YOUR BODY?
YES____ NO____
IF YES, WHAT WAS THE OBJECT? __________________________________________________
WHERE DID IT PENETRATE YOUR BODY? __________________________________________
WAS ANY FLUID INJECTED INTO YOUR BODY?
IF YES, WHAT FLUID? ________________________________
DID YOU RECEIVE MEDICAL ATTENTION?
YES____ NO____
HOW MUCH? ____________
YES____ NO____
IF YES, WHERE? __________________________________________________________________
WHEN? _________________________________ BY WHOM? ____________________________
IDENTIFICATION OF SOURCE INDIVIDUAL(S) _______________________________________
NAME(S) _________________________________________________________________________
DID YOU TREAT THE PATIENT DIRECTLY?
YES____ NO____
IF YES, WHAT TREATMENT DID YOU PROVIDE? BE SPECIFIC: _______________________
__________________________________________________________________________________
OTHER PERTINENT INFORMATION _________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
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SUBJECT:
RECORDS MANAGEMENT
Initial Designation of Records Management Officer
1)
The BOCES shall, in writing, designate one local officer to be Records Management Officer.
2)
The Board of Education shall notify the Commissioner of Education, in writing, of the name,
title or position in the BOCES, mailing address and telephone number of the designated Records
Management Officer within one month of such designation.
Vacancy in the Position of Records Management Officer
1)
Whenever a vacancy shall occur in the position of Records Management Officer, a replacement
shall be designated within sixty (60) days.
2)
Within one month of such designation, the Superintendent shall notify the Commissioner of
Education, in writing, of the records management officer’s name, title or position in the BOCES,
mailing address and telephone number.
Responsibilities of the Records Management Officer
The Records Management Officer’s job is varied and often complex. Regulations implementing
the law state that “the records management officer shall initiate, coordinate and promote the
systematic management of the BOCES’ records in consultation with records custodians.” Duties of
the Records Management Officer according to regulations include:
1)
Recommending and guiding the development of records management practices for local
government employees;
2)
Coordinating the continuous disposition of obsolete records in accordance with legal
requirements through the adoption and use of records retention and disposition schedules;
3)
Recommending to the Commissioner of Education suitable retention periods for any
records not covered by records retention and disposition schedules;
4)
Coordinating the storage and management of inactive records (those no longer needed for
the conduct of day to day business of the BOCES);
5)
Reviewing and making recommendation on requests for storage equipment;
6)
Participating in the development of, reviewing proposals for, or coordinating any
micrographics or automated data processing systems;
(Continued)
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SUBJECT:
7)
RECORDS MANAGEMENT (Cont’d.)
Organizing or coordinating a program for the identification, administration and use of
records of enduring value.
Other Activities May Include:
1)
Surveying and analyzing existing records. Surveying records means checking storage areas and
containers to determine what records exist regardless of physical format (paper, microfilm,
computer tape, or disk), where they are located, what condition they are in, how old they are, and
what information they contain. An analysis of these record holdings will indicate which ones are
obsolete and may be disposed of; which are needed for current use; and, which have enduring
legal, fiscal, administrative, or historical value and should be retained permanently.
2)
Conferring regularly with colleagues and department heads to determine their records
management needs. How long does the department or agency need a particular records series to
conduct routine business? How often do staff refer to the files for information? Has the office
retained files longer than applicable State Archives’ Records Retention and Disposition
Schedules or the local government’s needs require? How do officials dispose of out-dated
information? The Records Management Officer and the department heads should work together
to answer these questions.
3)
Conducting meetings when problems arise, or when the Records Management Officer has an
agenda item to be reviewed by the Board. Situations may occur where the Records Management
Officer will need the advice of the Board, or its assistance in gaining support for the program.
4)
Keeping colleagues informed about records management techniques and the records
management program. Workshops, manuals and other publications can provide this valuable
information. The Records Management Officer may develop educational programs to present to
staff and colleagues.
5)
Consulting with New York State Archives and Records Administration (SARA) as often as
necessary about any records concerns. SARA is the agency legally charged to provide advisory
services to all BOCESs in New York State, except New York City. Professional organizations
such as the Society of American Archivists (SAA), the Association of Records Managers and
Administrators (ARMA), and the National Association of Government Archivists and Records
Administrators (NAGARA) may also be contacted.
6)
Reporting the economic advantages and the tax dollar savings which the records program
provides to other government officials and the public whenever possible. Various public
information tools, such as news releases, annual reports, newsletters and the news media may be
used to publicize the records program.
2000
5000
Nassau BOCES
SECTION IV
PERSONNEL
NUMBER
SEXUAL HARASSMENT OF BOCES PERSONNEL
Regulation ........................................................................................................................ 5121R
Form: Sexual Harassment Complaint Form ................................................................... 5121F
EVALUATION OF PERSONNEL: PURPOSES
Regulation: Observation/Evaluation Formats................................................................. 5130R
Form: Teachers and Instructional Staff Evaluation Report ............................................ 5130F
Form: Classified Employee Evaluation Report .............................................................. 5130F.1
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES
Regulation: HIV Related Illnesses: Employees .............................................................. 5141R
Regulation: HIV Related Illnesses: Students .................................................................. 5141R.1
Form: Authorization for Release of Confidential HIV Related Information ................. 5141F
Form: Authorization for Release of Confidential HIV Related Information
to the Superintendent of Schools and the Board of Education ............................ 5141F.1
RECRUITMENT
Regulation: Personnel Guidelines for Recruiting of Teaching Staff:
General Procedures ..................................................................................... 5150R
Regulation: Civil Service Personnel ............................................................................... 5150R.1
TEMPORARY PERSONNEL
Regulation: Substitute Teachers ..................................................................................... 5151R
Regulation: Student Teachers ......................................................................................... 5151R.1
Form: Unsatisfactory Substitute Form............................................................................ 5151F
ALCOHOL, DRUGS AND OTHER SUBSTANCES
Regulation: Alcohol, Tobacco, Drugs, and Other Substances........................................ 5160R
2000
5000
Nassau BOCES
SECTION IV
PERSONNEL (Cont’d.)
NUMBER
DRUG-FREE WORKPLACE
Regulation ........................................................................................................................ 5161R
Form: Notice to Employees and Volunteers Engaged in Work on Federal Grants ........ 5161F
Form: Certification Regarding Drug-Free Workplace Requirements ............................ 5161F.1
COMPLAINTS AND GRIEVANCES BY EMPLOYEES
Regulation: Employee Discrimination Grievance Guidelines ........................................ 5170R
LETTERS OF REFERENCE
Regulation: Letters of Reference .................................................................................... 5180R
Form: Waiver for Letter of Reference ............................................................................ 5180F
PROFESSIONAL GROWTH/STAFF DEVELOPMENT
Regulation: Reimbursement for Approved Expenses..................................................... 5210R
Regulation: Reimbursement of Board Member Expenses.............................................. 5210R.1
Regulation: Travel Expenses, Conference/Business and Local Business Expenses ...... 5210R.2
Form: Conference Request Form.................................................................................... 5210F
Form: Claim Form for Conference Expenses ................................................................. 5210F.1
EMPLOYEE PERSONNEL RECORDS AND RELEASE OF INFORMATION
Regulation: Personnel Records ....................................................................................... 5220R
Regulation: Personnel Files ............................................................................................ 5220R.1
Procedure: Personnel Records ........................................................................................ 5220P
Form: Request for Salary adjustment ............................................................................. 5220F
Form: Request for Level Movement............................................................................... 5220F.1
Form: Tenure Recommendation ..................................................................................... 5220F.2
STAFF USE OF COMPUTERIZED INFORMATION RESOURCES
Regulation ........................................................................................................................ 5260R
2000
5000
Nassau BOCES
SECTION IV
PERSONNEL (Cont’d.)
NUMBER
USE OF ELECTRONIC COMMUNICATION DEVICES
Regulation: Use of Electronic Communication Devices…............ ................................ 5270R
TARDY MEDICAL INSURANCE PREMIUMS
Regulation ........................................................................................................................ 5311R
COMPENSATION AND RELATED BENEFITS
Regulation: Employees Injured on the Job ..................................................................... 5320R
Form: Employer’s Injury/Incident Report ...................................................................... 5320F
FAMILY AND MEDICAL LEAVE ACT
Regulation: Family and Medical Leave Act ................................................................... 5340R
Regulation: Your Rights Under the Family and Medical Leave Act ............................. 5340R.1
Form: Family Leave/Medical Leave Application........................................................... 5340F
2000
5121R
1 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL
The BOCES is committed to creating and maintaining a working and learning environment
which is free of discrimination and intimidation. Based upon the principle that every employee is
entitled to be treated with dignity and respect, and a recognition that sexual harassment is a violation
of law and BOCES policy, the BOCES strictly prohibits conduct which constitutes sexual harassment
in any form. Anyone who is in violation of BOCES policy and/or regulation will be subject to
sanctions and/or disciplinary action, up to and including termination, in accordance with law and/or
applicable collective bargaining agreements.
Any retaliation against a person for filing a harassment charge or making a harassment complaint
is prohibited; and any employee who complains about harassment or participates in investigations of
such complaints will be protected against retaliation. Employees found to be retaliating against
another employee shall be subject to disciplinary action, up to and including termination, in
accordance with legal guidelines and contractual mandates.
The BOCES strictly prohibits all forms of sexual harassment on school grounds and at all
school-sponsored programs, activities and events including those which take place off school
premises.
Definitions/Examples of Prohibited Conduct
Sexual harassment consists of unwanted and unwelcome sexual or gender-based behavior
including but not limited to overt or implicit bribes, requests for sexual favors, and other verbal or
physical conduct of a sexual nature or that is based on sexual/gender stereotypes which interferes with
an individual’s ability to work; professional performance; productivity; physical security; or career
opportunities, services or other benefits of employment.
Sexual harassment does not depend on the “voluntary” nature of the behavior or activity, but
instead focuses on whether the alleged advances or behavior was unwelcome.
Sexual harassment can originate from a person of either sex against a person of the opposite or
same sex, and from supervisors, co-workers and third parties such as visitors and school volunteers.
Prohibited conduct can be verbal, non-verbal, or physical (the latter may qualify as criminal sexual
assault). Examples of such conduct include, but are not limited to, the following:
1)
Verbal abuse or ridicule, including innuendos, stories and jokes, which are of a sexual
nature and/or gender-related. This might include inappropriate sex-oriented comments on
appearance, including dress or physical features.
2)
Direct or indirect threats or bribes for unwanted sexual activity.
3)
Asking or commenting about a person’s sexual activities.
(Continued)
2000
5121R
2 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL (Cont’d.)
4)
Unwelcome and unwanted physical contact of a sexual nature including, but not limited to,
physical acts such as assault, impeding or blocking movement, offensive touching, or any
physical interference with normal work or movement.
5)
Displaying or distributing pornographic or other sexually explicit materials such as
magazines, pictures, internet material, cartoons, etc.
6)
The use of profanity and/or other obscenities that are sexually suggestive or degrading in
nature.
7)
Demanding sexual favors of an employee, insinuating that refusal to acquiesce in such
favors will adversely affect an employee’s evaluation, wages, advancement, assignment of
duties or shifts, or any other condition of employment, benefits or career development.
8)
Unwelcome staring, leering, or gesturing which is sexually suggestive in nature.
9)
Any other unwelcome and unwanted sexually oriented and/or gender-based behavior which
is sexually demeaning, belittling, intimidating, or perpetrates sexual stereotypes and
attitudes.
Behavior shall be considered unwelcome and unwanted if the employee did not initiate, request
or invite such conduct and the employee who is subjected to the behavior regarded such conduct as
undesirable or offensive.
Authority and Responsibility
It is the responsibility of all BOCES employees to ensure that their behavior and environment
are maintained free of sexual harassment. Furthermore, each administrator and supervisor has the
responsibility to maintain a non-threatening environment which includes discussing the BOCES’
policy and regulation pertaining to sexual harassment with all employees, and assuring employees that
they are not required to endure insulting, degrading or exploitative sexual treatment.
All complaints of sexual harassment, whether written or verbal, formal or informal, will be
thoroughly investigated to determine whether the totality of the alleged behavior and circumstances
may constitute sexual harassment. It is recommended that any employee who believes he/she has been
subjected to sexual harassment, or has reason to know of and/or witnesses any incident of sexual
harassment, submits a written complaint; however, the absence of a written complaint does not negate
the BOCES’ responsibility to investigate such allegations as thoroughly as possible. School officials
are required to provide a written report of investigation findings and any action taken to resolve the
complaint within time frames as established by the BOCES.
(Continued)
2000
5121R
3 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL (Cont’d.)
Any employee who believes he or she has been subjected to sexual harassment, or has
knowledge of and/or witnesses any incident of sexual harassment, should promptly report such
conduct to the designated complaint officer. If the employee is in doubt as to the “seriousness” of the
incident and/or whether such behavior constitutes sexual harassment, the employee is still encouraged
to immediately report such conduct for resolution. If the complaint officer is the alleged offender, the
report shall be made to the next level of supervisory authority as indicated below. Allegations of
sexual harassment may be reported through informal and/or formal complaint procedures; and
utilization of the BOCES’ grievance guidelines does not preclude the employee from pursuing other
avenues of legal recourse including the right to register complaints with the federal Equal Employment
Opportunity Commission and the New York State Department of Human Rights. These regulations
are further not to be construed as to limit the right of any employee to file a lawsuit in either federal or
state court.
Complaints of harassment will be investigated thoroughly, promptly and impartially in
accordance with applicable law and regulations as well as any applicable collective bargaining
agreement(s).
Building level staff should submit complaints or reports of sexual harassment to the building
principal. All other staff should submit such complaints to their immediate supervisor. If the principal
or supervisor are implicated in the allegations, complaints should be submitted to the next level of
supervisory authority. If there is some reason why an employee cannot make a report to the
designated complaint officer, the employee may report the matter to any other administrator,
supervisor, or designated complaint officer (ex. Executive Director for Human Resources) as
appropriate. The administrator or supervisor who is made aware of the occurrence of possible sexual
harassment, whether or not a complaint has been filed, is required to promptly report the incident(s) to
the Superintendent and/or designated complaint officer as appropriate.
The Superintendent is to be informed as soon as possible regarding all complaints and/or reports
regarding sexual harassment, and the status of any investigations.
Reporting of Complaints by Employees General Guidelines
Any employee who believes that he or she has been subjected to sexual harassment or who is
made aware of and/or witnesses any possible occurrence of sexual harassment should report such
complaint as soon as possible after the alleged incident occurs in order to help the BOCES effectively
and promptly investigate and resolve the complaint. In order to assist in the investigation, victims
and/or witnesses should document the harassment as soon as it occurs, providing as much detail as
possible including, but not limited to, the following:
1)
The name, address and telephone number of the complainant.
2)
The name and/or description of the alleged offender or offenders.
(Continued)
2000
5121R
4 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL (Cont’d.)
3)
The specific nature of the alleged harassment including the complainant’s explanation of
why he/she believes it to be harassment.
4)
A thorough and detailed account of the actions and/or dialogue which occurred between the
alleged harasser and the complainant. This account should include the frequency of the
conduct, the date, time, location of the incident, and the complainant’s actions and
responses during the incident(s).
5)
The names of witnesses or of persons who have knowledge of the incident, including the
names of persons with whom the complainant discussed the incident, and the time and date
of this discussion.
6)
Written material, documents, or other evidence related to the incident.
In investigating the complaint, the designated complaint officer will meet separately with the
complainant and the alleged harasser, and will follow applicable law and regulations as well as any
applicable collective bargaining agreement(s).
All parties will be assured that complaints and discussions will remain as confidential as
possible, and will be disclosed only on a “need to know” basis in order to effectively investigate the
complaint and/or as mandated by law or court order. However, a written record of the investigation
and any action taken will be established.
The complainant, the alleged harasser and any witnesses will be directed to refrain from talking
about the investigation while it is pending.
The designated complaint official will begin investigating the allegations of sexual harassment
no later than three (3) working days following receipt of the complaint; and will report the findings of
the investigation to the Superintendent no later than twenty (20) working days following receipt of the
complaint. In the case of extenuating circumstances, the complaint officer will file a status report with
the Superintendent/designee if it becomes necessary to extend the timeline for completion of the
investigation.
During the course of the investigation and thereafter, the complaint officer will instruct the
alleged harasser to have no contact or communication regarding the complaint with the victim and/or
any witnesses; and that retaliation, whether direct or indirect, against the victim and/or witnesses is
prohibited and may be subject to disciplinary action. Similarly, the complaint officer will instruct the
victim and/or witnesses to refrain from contacting or communicating with the alleged harasser
regarding the complaint. The complaint officer will ask the victim what specific action the victim
wants taken by the BOCES in order to satisfactorily resolve the complaint.
(Continued)
2000
5121R
5 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL (Cont’d.)
If the complainant attempts to withdraw a complaint, the complaint officer will determine that
the withdrawal is not caused by retaliation and then document the complainant’s reasons and ask the
complainant to sign the documentation.
A copy of all written material pertaining to the case/investigation will be retained in a separate
confidential file in the personnel office. Such records will be maintained for a period of three (3)
years after resolution of the grievance.
Step 1 – Informal Complaints
An employee who believes that he/she has been subjected to sexual harassment or anyone who
has knowledge of or witnesses an occurrence of sexual harassment may file an informal complaint,
whether verbal or written, by requesting a meeting between himself/herself and the complaint officer
in order to discuss the allegations and further appropriate actions, if any. The complaint officer will
next discuss the complaint with the alleged offender; if the alleged offender is a BOCES employee, the
investigation will be in accordance with any applicable collective bargaining agreement. All
complaints, whether formal or informal, concerning allegations of sexual harassment are to be
reported immediately to the Superintendent for his/her information; and the complaint officer will
keep the Superintendent informed throughout all stages of the investigation. The Superintendent will
be kept informed of the complainant’s and/or accused’s response and recommended course of action,
if any.
If the initial investigation results in a finding that sexual harassment did occur, the complaint
officer will notify the Superintendent of his/her recommendations. If the Superintendent concurs with
the report of the complaint officer, the Superintendent will then take prompt disciplinary action in
accordance with the terms of BOCES policy and regulations, federal and state law, and/or the
applicable collective bargaining agreement. The complaint officer will notify the complainant and the
accused, in person and in writing, as to the finding and/or course of action within twenty (20) working
days following receipt of the complaint.
If the complainant is satisfied with the report of the complaint officer, the complainant will so
indicate in writing. If not satisfied with the complaint officer’s report, the complainant and/or the
accused may proceed to file a formal complaint.
Informal complaint procedures will generally take place at the building level and involve
resolution steps short of a comprehensive investigation and/or formal hearing. For example, in
attempting to resolve a complaint informally, the complaint officer may interview the alleged harasser,
inform the alleged harasser of the complaint, question the harasser about the alleged incidents, and
review the BOCES’ policy and regulations regarding sexual harassment. The complaint officer will
inform the alleged harasser that he or she must immediately stop any offensive conduct or face
appropriate disciplinary action. The complaint officer will follow the provisions of any applicable
collective bargaining agreement(s) throughout the course of such investigation(s).
(Continued)
2000
5121R
6 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL (Cont’d.)
Some types of informal actions which may be instituted if agreeable to the victim include the
following:
1)
Conducting a workshop on the recognition and prevention of sexual harassment for the
building or department.
2)
Speaking to the alleged offender.
3)
Separating the parties, if possible and appropriate.
Mediation
Where appropriate, the designated complaint officer may suggest mediation as an alternative
means of resolving the complaint. The use of mediation is not intended to replace but, rather, is a
supplement to utilization of the BOCES’ informal/formal complaint procedures. If mediation is
requested and agreed to by the victim and the accused, the BOCES will use qualified mediators as
provided by an outside agency to help resolve the complaint.
Step 2 – Formal Complaint
An employee may file a formal written complaint of sexual harassment as an initial step or as a
result of an unsatisfactory resolution of an informal complaint. The formal complaint should include
all applicable information as indicated in this regulation as well as any other pertinent information
which may be helpful in the course of the investigation.
As noted above, the complainant, the alleged harasser and any witnesses will be directed to
refrain from talking about the investigation while it is pending. Disclosure of information will be on a
“need to know” basis.
The formal complaint will be filed with the designated complaint officer who will submit a copy
of the complaint to the Superintendent of Schools. The complaint officer will, in accordance with
federal or state laws and regulations and any applicable collective bargaining agreement(s), conduct a
prompt and thorough investigation no later than three (3) working days following receipt of the
complaint.
If the formal investigation results in a finding that sexual harassment did occur, the complaint
officer will notify the Superintendent of his/her recommendations. If the Superintendent concurs with
the report of the complaint officer, the Superintendent will then take prompt disciplinary action in
accordance with the terms of BOCES policy and regulations, federal and state law, and/or the
applicable collective bargaining agreement. The complainant officer will notify the complainant and
the accused, in person and in writing, as to the finding and/or course of action within twenty (20)
working days following receipt of the formal complaint.
(Continued)
2000
5121R
7 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL (Cont’d.)
If the complainant is satisfied with the report of the complaint officer, the complainant will so
indicate in writing. If not satisfied with the complaint officer’s report, the complainant and/or the
accused may appeal the determination to the Superintendent of Schools. The appeal should be in
writing and submitted no later than ten (10) working days following receipt of the complaint officer’s
decision.
Step 3 – Appeal to the Superintendent of Schools
All formal complaints, if not satisfactorily resolved at the initial stage of investigation, may be
appealed by any party to the Superintendent of Schools.
If the Superintendent of Schools issues a finding that no sexual harassment has occurred, the
complainant, if not satisfied with this resolution, may appeal the decision to the Board of Education
within ten (10) working days following receipt of the report. If the complainant is satisfied with the
Superintendent’s finding, the complainant will so indicate in writing.
Should the Superintendent determine that corrective action is necessary, the Superintendent will
follow all applicable law and regulations, BOCES policy and guidelines, and appropriate collective
bargaining agreements in the resolution of the complaint. If the accused is not satisfied with this
resolution; he/she may appeal the decision to the Board of Education within ten (10) working days
following receipt of the report.
The complainant and the accused will receive a copy of any and all reports issued by the
Superintendent pertaining to the investigation/outcome of the formal complaint within thirty (30)
working days following receipt of the complaint. If additional time is necessary to either complete the
investigation or institute disciplinary/remedial action, the Superintendent will provide all parties and
the Board of Education with a written status report requesting additional time to complete the
investigation.
Step 4 – Appeal to the Board of Education
In the event that a complainant and/or accused files an appeal with the Board of Education
following an investigation by the Superintendent of Schools, such appeal must be in writing and
submitted within ten (10) working days of receipt of the Superintendent’s report. The Board of
Education will conduct a hearing and issue a written response to the complainant and the accused
following completion of the hearing within thirty (30) days of receipt of the complaint. If additional
time is needed, a written status report shall be submitted to all parties, indicating the need for
additional time.
(Continued)
2000
5121R
8 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL (Cont’d.)
Prohibition of Retaliation
Regardless of the stage of the investigation, the victim will be instructed by the complaint officer
to report immediately if the offensive behavior occurs again and/or if the alleged harasser retaliates
against him/her. Any witnesses who cooperated in the investigation of the complaint will be similarly
instructed to report to the complaint officer immediately as to any retaliatory action(s). Additionally,
the designated complaint officer will make follow-up inquiries to ensure that harassment has not
resumed and that no reprisals or retaliatory behavior has occurred to those involved in the
investigation. Any act of retaliation is prohibited and subject to appropriate disciplinary action by the
BOCES.
Discipline/Penalties for Non-BOCES Employees
Vendors/contractors and other individuals who do business with the BOCES, who have been
found to violate the terms of the sexual harassment policy and/or regulation by engaging in prohibited
conduct, will be subject to appropriate sanctions up to and including loss of BOCES business. School
volunteers who are found to have violated BOCES policy and regulation may face loss of volunteer
status. The application of such disciplinary measures by the BOCES does not preclude the appropriate
filing of civil and/or criminal charges as may be warranted.
Knowingly False Accusations
Employees who knowingly make false accusations against another individual as to allegations of
sexual harassment may also face appropriate disciplinary action.
BOCES Responsibility/Training
Regardless of whether a complaint has been filed, if the BOCES knows of, or has reason to
know of or suspects, the occurrence of any sexual harassment, the BOCES will require a prompt and
thorough investigation by appropriate personnel.
Principals in each school building and/or program supervisors will be responsible for informing
staff on a yearly basis of BOCES policy and regulations regarding the prohibition of sexual
harassment in the workplace, including the procedures established for the investigation and resolution
of sexual harassment complaints, the general legal issues pertaining to sexual harassment, and the
rights and responsibilities of employees.
Those administrators and/or supervisors who have specific responsibilities for the investigation
and resolution of sexual harassment complaints will receive specialized training on conducting such
investigations and application to applicable laws and collective bargaining agreements.
(Continued)
2000
5121R
9 of 9
Personnel
SUBJECT:
SEXUAL HARASSMENT OF BOCES PERSONNEL (Cont’d.)
Dissemination of BOCES Policy/Regulation and Evaluation
A copy of BOCES policy and regulations pertaining to sexual harassment will be available upon
request. A copy of BOCES policy and regulations may be posted in various locations throughout each
school building. Additionally, the BOCES’ policy and regulations will be published in appropriate
school publications such as teacher/employee handbooks and/or school calendars.
The Superintendent of Schools, or his/her designee(s), has a responsibility to review BOCES
policy and regulations to ensure continued effectiveness and compliance with applicable law. The
Superintendent will recommend revisions as may be warranted to the Board of Education.
5121F
1 of 2
SEXUAL HARASSMENT COMPLAINT FORM
Name and Position of Complainant______________________________________________________
Date Complaint Filed_________________________________________________________________
Name and/or Description of Alleged Harasser _____________________________________________
Description of Alleged Harassment _____________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Date and Place of Violation(s)__________________________________________________________
Names of Witnesses (if applicable)______________________________________________________
__________________________________________________________________________________
Has the Incident Been Previously Reported?______________________________________________
(If Yes, When and to Whom?)_________________________________________________________
Describe the Outcome and/or Resolution ________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(Use additional sheets to provide additional information if necessary.)
Remedy Sought by Complainant________________________________________________________
__________________________________________________________________________________
APPEAL FORM (IF APPLICABLE)
Name and Position of Complainant
__________________________________________________________________________________
Date Appeal Filed ___________________________________________________________________
Date Original Complaint Filed _________________________________________________________
Have There Been Any Prior Appeals Filed Related to this Complaint?__________________________
__________________________________________________________________________________
If Yes, When and to Whom?___________________________________________________________
(Continued)
5121F
2 of 2
SEXUAL HARASSMENT COMPLAINT FORM (Cont’d.)
Describe the Decision Being Appealed and Why ___________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(TO BE COMPLETED BY VARIOUS BOCES PERSONNEL)
Decision of Complaint Officer and Action Taken __________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(If Applicable) Action Taken by Superintendent ___________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(If Applicable) Action by the Board _____________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Other Comments____________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
________________________________________
Signature of Complaint Officer
________________________________________
Signature of Superintendent
________________________________________
Signature of Complainant
2000
5130R
1 of 4
Personnel
SUBJECT:
OBSERVATION/EVALUATION FORMATS
Objectives
1)
To provide all staff with an appropriate annual statement of performance appraisal, in
compliance with state requirements as well as good practice;
2)
To provide the administrative resources necessary for quality supervision and evaluation of nontenured teaching and administrative staff, as well as more intensive supervision and evaluation of
at-risk tenured staff;
3)
To simplify the forms and processes of observation and evaluation;
4)
To clarify the outcome of the evaluation process for teachers and administrators.
Guidelines for Evaluations
The guidelines and areas of focus for each employee type are stated below. The evaluation
process for all employees will include mutual goal-setting, monitoring of progress toward meeting the
goals, and evaluation regarding the accomplishment of the goals.
Frequency of Evaluations
Satisfactory tenured employees will periodically be evaluated more comprehensively than the
following minimum requirements:
Teachers and Instructional Staff:
1)
2)
3)
4)
Tenured Teachers - minimum once per year
Probationary Teachers and “at risk” Tenured Teachers (an unsatisfactory rating on the prior
year’s evaluation) - four quarterly formative evaluations, and one final summative evaluation
rating
Part-time Teachers/Instructors - minimum once per school year
Per Diem Substitutes - frequent drop-in, informal visits
Classified Employees (Clerical, Custodial/Facilities, Drivers):
1)
2)
Probationary and “at risk” Permanent Classified Employees - minimum once during
probationary period
Permanent Full-time and Part-time Classified Employees - once per year
(Continued)
2000
5130R
2 of 4
Personnel
SUBJECT:
OBSERVATION/EVALUATION FORMATS (Cont’d.)
Guidelines for Evaluation of Teachers and Instructional Staff
Definition of Terms
1)
Quarterly Formative Evaluation
The objective of a Quarterly Formative Evaluation is to be evaluative of a teacher’s impact on
students and the instructional program over a specified period of time. It may include, but is not
limited to, classroom observations. It also includes all Areas of Focus listed below. It should
include areas of strength and areas of concern, with specific recommendations for improvement.
2)
Summative Evaluation
The Summative Evaluation Rating is a cumulative rating based on performance and
accomplishment of goals for the entire evaluation period.
Conference Requirements
1)
Pre-evaluation Conference - The principal/building administrator will meet with each
probationary teacher prior to the first formative evaluation to mutually set goals and discuss
areas to be evaluated.
2)
Post-evaluation Conference - A Post-evaluation Conference will be held at the end of each
quarterly evaluation period.
3)
Summative Evaluation Conference - A Summative Evaluation Conference will be held to discuss
overall performance, including accomplishment of goals.
Areas of Focus
1)
Knowledge of Curriculum;
2)
Planning Skills (IEPs where appropriate; lesson plans; classroom activities);
3)
Instructional Techniques (treats students respectfully; ability to motivate students; appropriate
use of materials and equipment; effective questioning and monitoring of learning; effective use
of teacher aides; consistent with individual needs of the student; use of technology);
4)
Management Skills (classroom climate; behavior management skills; attendance and grade book;
communication with staff, parents, supervisors, and school districts);
(Continued)
2000
5130R
3 of 4
Personnel
SUBJECT:
OBSERVATION/EVALUATION FORMATS (Cont’d.)
5)
Professional Development (certification; coursework; workshops;
school/community service; participation in professional associations);
involvement
in
6)
Professional Conduct (attendance; punctuality; attention to detail; timely completion of
reports/correspondence; use of professional judgement).
Special Consideration Should be Given to the Following
1)
School Guidance Counselors, Social Workers, and School Psychologists: Abilities in testing;
report writing; counseling and referral; translating evaluations into appropriate
recommendations; professional conduct.
2)
School Nurse Teachers: Screening and evaluation; first aid; emergency management;
maintenance of records and of office; interpersonal skills; professional conduct.
Guidelines for Evaluation of Classified Employees
Special consideration should be given to guidelines for the following:
1)
Nurses
Screening and evaluation; first aid; emergency management; maintenance of records and of
office; interpersonal skills; professional conduct.
2)
Vocational Rehabilitation Counselors
Abilities in testing; report writing; counseling and referral; translating evaluations into
appropriate recommendations.
3)
Occupational and Physical Therapists
a. Knowledge of Therapy Needs - Interventions are appropriate, state-of-the-art, and
consistent with IEP.
b. Planning Skills - Develop meaningful IEP goals, objectives and evaluation measures.
c. Therapeutic Techniques - Individualize therapy, use appropriate materials and
equipment, effectively direct and utilize physical therapy/occupational therapy
assistants under his/her direction.
(Continued)
2000
5130R
4 of 4
Personnel
SUBJECT:
OBSERVATION/EVALUATION FORMATS (Cont’d.)
d. Interpersonal/Attitudinal Skills - Develop and maintain cooperative relationships with
supervisors, peers, nonprofessional staff, district personnel, parents and students.
e. Professional Conduct - attendance; punctuality; attention to detail; timely completion of
reports; correspondence; use of professional judgement.
5130F
SCHOOL YEAR
20____ 20____
Formative Evaluation #1: Date:____________
Formative Evaluation #2: Date:____________
Formative Evaluation #3: Date:____________
Formative Evaluation #4: Date:____________
SCHOOL YEAR:
20____ - 20____
SUMMATIVE EVALUATION RATING
(check one):
____ Satisfactory
____ Unsatisfactory
TEACHERS AND INSTRUCTIONAL STAFF EVALUATION REPORT
Directions:
1)
Follow the guidelines in Regulation #5130R.
2)
This form must be submitted for each quarterly formative evaluation, accompanied by a
narrative statement.
3)
This form must be submitted for the final Summative Evaluation Rating, which may or may not
be accompanied by a narrative statement.
______________________________________
NAME OF EMPLOYEE (Print or Type)
________________________________________
NAME OF APPRAISER (Print or Type)
______________________________________
TITLE OF POSITION
________________________________________
TITLE OF POSITION
______________________________________
LOCATION/DIVISION
________________________________________
FULL-TIME OR PART-TIME
STATUS (Check One):
____ Probationary (check one):
____ Quarterly Formative Evaluation
(minimum four per year)
____ Summative Evaluation
OR
____ Tenured (check one):
______________________________________
SIGNATURE OF EMPLOYEE*
______________________________________
DATE OF POST-CONFERENCE
____ Quarterly formative Evaluation
(minimum four per year required for those
identified as “at risk”)
____ Summative Evaluation
________________________________________
SIGNATURE OF APPRAISER
*This signature indicates that the report was received and reviewed. It does not necessarily denote
agreement. Employee comments may be made on an additional page and attached.
5130F.1
Refer to guidelines in Regulation #5130R
SCHOOL YEAR:
20____ - 20____
SUMMATIVE EVALUATION RATING
(check one):
____ Satisfactory
____ Unsatisfactory
CLASSIFIED EMPLOYEE EVALUATION REPORT
______________________________________
NAME OF EMPLOYEE (Print or Type)
________________________________________
NAME OF APPRAISER (Print or Type)
______________________________________
TITLE OF POSITION
________________________________________
TITLE OF POSITION
______________________________________
LOCATION/DIVISION
PERIOD COVERED: ______________________
STATUS (Check One):
Areas for Review
____ Probationary:
Evaluation Date __________________
____ Permanent:
Evaluation Date __________________
Satisfactory
Unsatisfactory
Comments
Quality of work
Quantity of work
Work habits
Dependability
Attendance
Interpersonal skills
Supervisory skills
SUMMARY
______________________________________
SIGNATURE OF EMPLOYEE*
______________________________________
DATE OF POST-CONFERENCE
________________________________________
SIGNATURE OF APPRAISER
*This signature indicates that the report was received and reviewed. It does not necessarily denote
agreement. Employee comments may be made on an additional page and attached.
2000
5141R
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES:
EMPLOYEES
Confidentiality
1)
Definitions (Public Health Law, Section 2780)
“Confidential HIV related information” means any information, obtained from individuals
who provide health or social services or through a written authorization for disclosure of such
information, concerning whether an individual has been the subject of an HIV related test, or has
HIV infection, HIV related illness or AIDS, or information which identifies or reasonably could
identify an individual as having one or more of such conditions.
“Capacity to consent” means an individual’s ability, determined without regard to such
individual’s age, to understand and appreciate the nature and consequences of a proposed health
care service treatment or procedure, and to make an informed decision concerning such service,
treatment or procedure. It is the responsibility of the HIV counselor to determine an individual’s
capacity to consent to medical care.
“Release of confidential HIV related information” means a written authorization for
disclosure of confidential HIV related information which is signed by an individual who is the
subject of an HIV related test or who has been diagnosed as having HIV infection, AIDS or an
HIV related illness or a person authorized by law to consent to health care for that individual.
Disclosure must be on a form approved by the N.Y.S. Department of Health.
2)
Release of Information
Pursuant to New York State law, school officials and employees are required to keep HIVrelated information confidential. The information cannot be disclosed to any person except
under the following circumstances:
a.
The protected individual or a person with the capacity to consent has completed and signed
a Health Department Authorization for Release form;
b.
A court order has been issued; or
c.
The person to whom the information has been furnished is authorized under the state law to
receive the information without a release form (e.g., physicians providing care to the
individual, agencies monitoring care, insurance companies for reimbursement purposes).
(Continued)
2000
5141R
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES:
EMPLOYEES (Cont’d.)
Employment
No disciplinary action or other adverse personnel action shall be taken against an employee
solely because he/she has AIDS or HIV infection. Action may be taken against an employee only if
he/she is disabled and the disability interferes with his/her ability to perform in a reasonable manner
the activities involved in the job or occupation.
The BOCES shall make such reasonable accommodations to enable the employee to perform
employment duties as may be required by federal or state law.
Testing
No HIV-related testing of any employee shall be conducted without the receipt of a written
“informed consent” document signed by the subject of the test (if he/she has the capacity to consent)
or a person authorized pursuant to law to consent to health care for the individual, unless otherwise
authorized or required by a state or federal law.
2000
5141R.1
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES:
STUDENTS
Admission and Enrollment
Every effort shall be made not to exclude HIV infected students, or place such students in a
restricted environment. On occasion, where the unique circumstances of the student’s condition, apart
from the mere existence of HIV infection or AIDS virus, warrant programmatic modifications for the
benefit of the student, a referral will be made to the Committee on Special Education (CSE) for
evaluation and recommendation. The CSE will then determine whether the student should be
classified pursuant to the Commissioner’s Regulations on students with disabilities and, if determined
to be “educationally disabled,” will recommend an appropriate educational placement.
If the parent/guardian disagrees with the CSE recommendation, he/she is entitled to due process
under appeal procedures set forth in state and federal law. If a hearing is requested by the
parent/guardian, the student will remain in his/her current placement pending all proceedings unless a
court order is obtained.
Confidentiality
1)
Definitions (Public Health Law, Section 2780)
“Confidential HIV related information” means any information, obtained from individuals
who provide health or social services or through a written authorization for disclosure of such
information, concerning whether an individual has been the subject of an HIV related test, or has
HIV infection, HIV related illness or AIDS, or information which identifies or reasonably could
identify an individual as having one or more of such conditions.
“Capacity to consent” means an individual’s ability, determined without regard to such
individual’s age, to understand and appreciate the nature and consequences of a proposed health
care service treatment or procedure, and to make an informed decision concerning such service,
treatment or procedure. It is the responsibility of the HIV counselor to determine an individual’s
capacity for consent to medical care.
“Release of confidential HIV related information” means a written authorization for
disclosure of confidential HIV related information which is signed by a student who has been
determined as having the capacity to consent who is the subject of an HIV related test or who
has been diagnosed as having HIV infection, AIDS or an HIV related illness or a person
authorized by law to consent to health care for that individual. Disclosure must be on a form
approved by the N.Y.S. Department of Health.
(Continued)
2000
5141R.1
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
2)
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES:
STUDENTS (Cont’d.)
Release of Information
School officials and employees are required by law to maintain strict confidentiality of HIV
related information concerning a student in the BOCES and such information may not be
disclosed to anyone unless the protected student, or the parent or guardian if student lacks
capacity to consent, completes and signs a written authorization form. The form must be dated
and specify to whom disclosure is authorized, the purpose for such disclosure and the time
period during which the release is to be effective.
Redisclosure or the use of general authorizations to release confidential HIV related information
is prohibited by law. Therefore, separate releases must be executed by the protected student (or
the parent or guardian where appropriate) specifically granting permission for any further release
of such information. Release of information to individual CSE members or the Superintendent
and members of the Board of Education is to be executed on Form 5141F.1 authorized by the
State Education Department. Form 5141F, authorized by the Public Health Department, must be
used for any other purposes.
Testing
No HIV related testing will be performed without first receiving the written informed consent of
the student who has the capacity to consent or of a person authorized pursuant to law to consent to
health care for such student.
Penalties
Any school official or employee who discloses confidential HIV related information to
unauthorized persons may be subject to a civil penalty up to $5000.00 and a criminal misdemeanor
charge.
5141F
NEW YORK STATE DEPARTMENT OF HEALTH
AIDS Institute
AUTHORIZATION FOR RELEASE
OF CONFIDENTIAL HIV* RELATED INFORMATION
Confidential HIV Related Information is any information indicating that a person had an HIV
related test, or has HIV infection, HIV related illness or AIDS, or any information which could
indicate that a person has been potentially exposed to HIV.
Under New York State Law, except for certain people, confidential HIV related information can
only be given to persons you allow to have it by signing a release. You can ask for a list of people
who can be given confidential HIV related information without a release form.
If you sign this form, HIV related information can be given to the people listed on the form, and
for the reason(s) listed on the form. You do not have to sign the form, and you can change your mind
at any time.
If you experience discrimination because of release of HIV related information, you may contact
the New York State Division of Human Rights at (212) 961-8624 or the New York City Commission
of Human Rights at (212) 306-7500. These agencies are responsible for protecting your rights.
Name and Address of facility/provider obtaining release:
Name of person whose HIV related information will be released:
Name and address of person signing this form (if other than above):
Relationship to person whose HIV information will be released:
Name and address of person who will be given HIV related information:
Reason for release of HIV related information:
Time during which release is authorized:
From:
To:
My questions about this form have been answered. I know that I do not have to allow release of
HIV related information, and that I can change my mind at any time.
___________________________
Date
___________________________________________
Signature
*Human Immunodeficiency Virus that causes AIDS.
DOH-2557 (3/97)
5141F.1
1 of 2
The University of the State
Of New York Education Department
Approved by:
New York State Department of Health
Authorization for Release of Confidential HIV*
Related Information to the Superintendent of
Schools and the Board of Education
OC – 1 (6/89)
Confidential HIV Related Information means any information indicating that a person had an HIV
related test, or has HIV infection, HIV related illness or AIDS, or any information which could
indicate that a person has been potentially exposed to HIV.
Under New York State Law, except for certain people, confidential HIV related information can only
be given to persons you allow to have it by signing this form. You may ask for a list of people who
can be given confidential HIV related information even without this form.
If you sign this form, HIV related information can be given to the people listed on the form, and for
the reason(s) listed on the form. You do not have to sign the form, and you can change your mind at
any time.
If you experience discrimination because of the release of HIV related information, you may contact
the New York State Division of Human Rights at (212) 870-9624 or the New York City Commission
of Human Rights at (212) 566-5493. These agencies are responsible for protecting your rights.
NAME OF PERSON WHOSE HIV RELATED INFORMATION WILL BE RELEASED
_______________________________________________________________________________________________
NAME AND ADDRESS OF PERSON SIGNING THIS FORM (IF OTHER THAN ABOVE)
_______________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
_______________________________________________________________________________________________
RELATIONSHIP TO PERSON WHOSE HIV INFORMATION WILL BE RELEASED
NAME OF SCHOOL DISTRICT
Names and addresses of the superintendent of schools and individual members of the Board of
Education (Board of Trustees) of the above named school district who will be given HIV related
information:
SUPERINTENDENTS NAME
_______________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
_______________________________________________________________________________________________
NAME
______________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
(Continued)
*Human Immunodeficiency Virus that causes AIDS.
5141F.1
2 of 2
NAME
___________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
___________________________________________________________________________________________
NAME
___________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
___________________________________________________________________________________________
NAME
___________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
___________________________________________________________________________________________
NAME
___________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
___________________________________________________________________________________________
NAME
___________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
___________________________________________________________________________________________
NAME
___________________________________________________________________________________________
STREET
CITY
STATE
ZIP CODE
Reason for release of HIV related information
To approve the recommendation of the __________________________ CSE as required by law.
(Name of District)
Other (explain in full, use additional sheet(s) if necessary) _________________________________________
___________________________________________________________________________________________
Time during which release is authorized
FROM:
TO:
  
  
Month
Month
Day
Year
Day
Year
My questions about this form have been answered. I know that I do not have to allow release of HIV
related information, and that I can change my mind at any time.
__________________________________________________________________________________
Signature
Date
2000
5150R
Personnel
SUBJECT:
PERSONNEL GUIDELINES FOR RECRUITING OF TEACHING STAFF:
GENERAL PROCEDURES
1)
Applications are obtained by written request, telephone call, or drop in.
2)
Candidates complete application and return.
3)
Copy of certification or statement that certification is pending approval must be submitted.
4)
Requested transcripts arrive.
5)
Credential folder/references are received.
6)
Applications are filed alphabetically by subject area for easy review by the Executive Director
for Human Resources. Subject area file folders should be noted clearly on exterior for any
candidates who have more than one certification.
7)
Applications are retained in active file for one year. The individual candidate should renew
annually.
8)
Substitute (contract and noncontract) applications on file.
9)
Vacancy:
a.
Vacancy notice is posted and advertised if necessary as per contractual provisions.
b.
Applications are screened by the Executive Director for Human Resources and other
appropriate administrators.
c.
The Executive Director for Human Resources or other administrator initiates a telephone
reference check. The same individual should do all phone checks on a given candidate.
d.
The administrator forwards the appropriate Recommendation for Position (RFP) form to
the Executive Director for Human Resources.
e.
Providing the candidate is acceptable, the Superintendent or his/her designee prepares an
appointment recommendation to be presented to the Board of Education.
f.
Upon approval by the Board of Education, the recommended candidate is notified by phone
and letter.
2000
5150R.1
Personnel
SUBJECT:
RECRUITMENT: CIVIL SERVICE PERSONNEL
1)
Candidates are not to be discriminated against because of race, creed or religion, age, color, sex,
national origin, political affiliation, marital or veteran status, or disability.
2)
Competitive class candidates must be selected from the top three candidates listed on the Civil
Service Certification of Eligibles. Candidates hired from the list must serve a twenty-six (26)
week probationary period as determined by the Board of Education. If no existing eligibility list
exists for a job title, the BOCES may grant a provisional appointment. The candidate is
required, however, to take a test and be placed on the eligibility list when such tests are offered.
3)
All other classes of employees are not subject to a Civil Service examination and the BOCES
may employ any candidate the BOCES and the County Civil Service Commission feels meets
the minimum qualifications established for the particular job title.
4)
The BOCES must adhere to all rules and regulations as established by Civil Service Law and the
County Civil Service Commission.
5)
The Civil Service Commission must certify all candidates before they can be employed.
2000
5151R
Personnel
SUBJECT:
SUBSTITUTE TEACHERS
1)
All applications for substitute teachers shall be sent to the Department of Human Resources.
Credentials, certificates and references should be included with the application. This can be also
verified by an administrator.
2)
A statement of release requesting permission from the applicant to obtain information
concerning the disposition and disclosure of any conviction records, if applicable, shall be signed
by each potential substitute at the time he/she completes a BOCES application form.
3)
The application may be forwarded to the appropriate building administrator for evaluation and
processing. A recommendation shall then be made to the Board of Education.
4)
The candidate will or will not be added to the substitute list of each of the respective buildings,
pending Board approval.
5)
Each approved substitute teacher shall be notified that he/she will be placed on the substitute list.
2000
5151R.1
Personnel
SUBJECT:
STUDENT TEACHERS
The Nassau BOCES cooperates with teacher preparation institutions in the placement of student
teachers to provide beginning teachers with a quality student teaching experience.
Student teachers are assigned by the building principal or designee with an approved supervising
teacher. The student teacher will be placed with supervising teachers who will provide, as determined
by the building principal, an appropriate student teaching experience.
In every instance, the well-being of the Nassau BOCES students is the prime consideration.
Building principals or designees are responsible for observing student teachers assigned to their
buildings. Placement of student teachers in the regular classroom does not relieve the regularly
assigned classroom teacher of his/her duties and responsibilities.
Student teachers are encouraged to participate in faculty meetings, other faculty activities and are
invited to attend Parent-Teacher-Student Association meetings. Student teachers are to be provided
with materials and supplies required in their assignment, and be accorded the courtesy of a regular
staff member.
The student teacher’s time in the classroom is to be evenly divided so that a specified time will
be spent in observation, participation and teaching. The main objective is to prepare the student
teacher and does not relieve the supervising teacher from his/her responsibility to be present when
instruction is taking place.
The student teacher should not be used as a substitute teacher. In case of emergency, a student
teacher may be used until a substitute can be obtained.
The number of student teachers assigned to a supervising teacher is limited to two student
teachers per year unless otherwise recommended by the building principal and approved by the
Superintendent of Schools.
5151F
n
a s
s a u
Board of Cooperative Educational Services of Nassau County
DEPARTMENT OF HUMAN RESOURCES
BOCES
Board of Cooperative Educational Services
INTEROFFICE MEMO
UNSATISFACTORY SUBSTITUTE FORM
To: Central Office Administrator
From:
_______________________________________ was assigned to ___________________________________
SUBSTITUTE’S NAME
SCHOOL OR PROGRAM
on _____________________________________ to substitute for __________________________________
DATE(S)
ABSENTEE’S NAME
as a Sub Teacher _______ Sub Aide ______.
THE SERVICES OF THIS SUBSTITUTE WERE UNSATISFACTORY FOR THE FOLLOWING SPECIFIC DETAILED
REASON(S):
_______________________________________________________________________________________
_______________________________________________________________________________________
I HAVE SPOKEN WITH THE ABOVE-NAMED SUBSTITUTE ABOUT THIS REPORT
______IN PERSON ______BY TELEPHONE ON __________________________________________________, AND HAVE
DATE
MADE THE FOLLOWING SUGGESTION(S) FOR IMPROVEMENT:
_______________________________________________________________________________________
_______________________________________________________________________________________
I HAVE ALSO ADVISED HIM/HER OF THE FOLLOWING RECOMMENDATION (PENDING DEPARTMENT
APPROVAL):
_____ Substitute should not be called for ____________________________________ program.
_____ Substitute should not work in any program, please terminate.
__________________________________________
ADMINISTRATOR’S SIGNATURE
DATE
______________________________
DEPARTMENT APPROVAL
HUMAN RESOURCES USE ONLY
This is the _____ 1st ______ 2nd ______ 3rd unsatisfactory report.
Substitute was terminated: ____________________
DATE
Distribution: White ....... Employee File
_____________________________
SIGNATURE
DATE
Yellow ..... Human Resources
Pink .......... Department
Gold ......... Administrator
1777-HR-1197 Rev.
2005
5160R
1 of 3
Personnel
SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES
The BOCES will use the following principles as guides for the development of its substance
use/abuse prevention efforts and for any disciplinary measures related to alcohol and other substances:
1)
While the BOCES can and must assume a leadership role in alcohol, tobacco, and other
substance use/abuse prevention, this goal will be accomplished only through coordinated,
collaborative efforts with parents/guardians, students, staff, and the community as a whole.
2)
Alcohol, tobacco, and other substance use/abuse is preventable and treatable.
3)
Alcohol and other substance use/abuse inhibits the BOCES from carrying out its central
mission of educating students.
4)
The behavior of the Board of Education, the administration, and all school staff should
model the behavior asked of students.
The intent of primary prevention education is to provide information to prevent the onset of
alcohol, tobacco, and other substance use by students. The components of this education shall include:
1)
A sequential K-12 prevention curriculum that provides for:
a. Helping students develop a positive self-concept.
b. Accurate and age-appropriate information about alcohol, tobacco, and other substances,
including the physical, psychological, and social consequences of their use/abuse.
c. Information about the relationship of alcohol and other substance use/abuse to other
health-compromising behaviors such as AIDS, teenage pregnancy, eating disorders,
child abuse, suicide, and dropping out of school.
d. Helping students develop appropriate life skills to resist the use of alcohol and other
substances and to promote healthy life styles.
e. Helping students identify personal risk factors for alcohol and other substance
use/abuse and the steps needed for risk reduction.
f. Helping students identify when they are under stress and how to manage or reduce
stress through non-chemical means.
2)
Educating parents and guardians to use the information and skills necessary to reinforce the
components of Board policy and administrative regulations in the home and community.
(Continued)
2005
5160R
2 of 3
Personnel
SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (Cont’d.)
3)
Community education about the issues of alcohol, tobacco, and other substance use/abuse
as a basis for providing a consistent message to BOCES youth.
4)
Positive alternatives to alcohol and other substance use/abuse, such as peer leadership
programs, service projects, and recreational and extra-curricular activities. Such activities
will be planned collaborative with students, parents/guardians, community members, and
agencies.
The intent of intervention programs is to eliminate any existing use/abuse of alcohol and other
substances, and to identify and provide supportive services to kindergarten through 12th grade
students at high risk for such use/abuse. The components of such programs shall include:
1)
Providing alcohol and other substance use/abuse assessment and counseling services for
students.
2)
Developing a referral process between BOCES schools and community providers.
3)
Identifying and referring students to appropriate agencies when their use/abuse of alcohol
and/or other substances requires counseling and/or treatment.
4)
Providing services to students in or returning from treatment to assure that the school
environment supports the process of recovery initiated in the treatment program.
5)
Providing individual, group, and family counseling targeted at students at high risk for
alcohol and/or other substance use/abuse.
6)
Educating parents/guardians on when and how to access the BOCES’ intervention services.
7)
Confidentiality.
The Board of Education recognizes that the problems of alcohol and other substance use/abuse
are not limited to the student society. As such, the Board has established an Employee Assistance
Program that provides appropriate, confidential prevention, intervention, assessment, referral, support,
and follow-up services for BOCES staff who seek assistance with alcohol and other substance
use/abuse related problems, emotional problems, mental illness, and other human problems. BOCES
staff will be informed about the services they can receive through the Employee Assistance Program.
(Continued)
2005
5160R
3 of 3
Personnel
SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (Cont’d.)
The BOCES recognizes that it has no right to intervene unless employees’ personal problems
adversely affect their job performance. When unsatisfactory performance does occur, the BOCES’
supervisory personnel will encourage employees to manage and move toward a resolution of their
problems on their own or with the help of the Employee Assistance Program.
Disciplinary measures for students found to have used or to be using, in possession of, selling, or
distributing alcohol and/or other substances and for students possessing drug paraphernalia are
outlined in the BOCES’ policy on Student Rights and Responsibilities. Similar disciplinary measures
for BOCES staff are addressed in Education Law Sections 913, 1711 (5)(e), 2508 (5), and 3020-a.
Students who are disciplined for any of these infractions will be mandated to the intervention
services established by Board policy and administrative regulations, or, in the case of BOCES staff,
will be referred to the Employee Assistance Program.
The Board recognizes that if the administrative, instructional, and non- instructional staff are to
be responsible for implementing and modeling Board policy and administrative regulations, they must
be trained about the components of an effective alcohol and other substance prevention program.
Information will be disseminated to the staff on the following:
1)
For all staff: (a) awareness of personal risk factors for alcohol and other substance
use/abuse so that they may identify personal use/abuse problems and seek assistance, (b)
their role in implementing Board policy and administrative regulations which includes how
to identify students who exhibit high risk behaviors or who are using/abusing alcohol and
other substances, and (c) referral of students to the appropriate services established by
Board policy and administrative regulations.
2)
Additionally for teachers: the knowledge and skills necessary to implement the BOCES’
K-12 alcohol and other substance prevention curriculum.
3)
For intervention staff: appropriate staff training for those identified to carry out the
intervention function to assure that their assessment, individual, group, and family
counseling and referral skills support the needs of high risk, using, and abusing youth.
Copies of Board policy and administrative regulations will be distributed to and reviewed with all
BOCES staff, students, and parents/guardians annually and will be disseminated to the community
through its organizations.
The Superintendent is responsible for providing the Board with an annual review of Board
policies, the programs and strategies implementing it, and his or her recommendations for revisions.
2000
5161R
Personnel
SUBJECT:
DRUG-FREE WORKPLACE
The Board of Education maintains that it will provide a drug-free workplace by:
1)
Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violation of such
prohibition.
2)
Establishing a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The BOCES’ policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
3)
Making it a requirement that each employee engaged in the performance of a federal grant
program be given a copy of the statement required by paragraph (1).
4)
Notifying the employee in the statement required by paragraph (1) that, as a condition of
employment under the grant, the employee will:
a. Abide by the terms of the statement, and
b. Notify the employer of any criminal drug statute conviction for a violation occurring in
the workplace no later than five days after such conviction.
5)
Notifying the federal granting agency within ten days after receiving notice under
subparagraph (4)(b) from an employee or otherwise receiving actual notice of such
conviction.
6)
Taking one of the following actions, within 30 days of receiving notice under subparagraph
(4)(b), with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including
termination; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency.
7)
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of the above paragraphs.
5161F
NOTICE TO EMPLOYEES AND VOLUNTEERS ENGAGED IN WORK ON
FEDERAL GRANTS
YOU ARE HEREBY NOTIFIED that it is a violation of Board of Education policy and
administrative regulations of the Nassau BOCES for any employee or volunteer engaged in work
under a federal grant to unlawfully manufacture, distribute, dispense, possess or use on or in the
workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other
controlled substance, as defined in Schedules I through V of Section 202 of the Controlled Substance
Act (21 USC 812) and as further defined by regulation at 21 CFR 1300.11 through 1300.15.
YOU ARE FURTHER NOTIFIED that the Board of Education policy with respect to the use of
drugs in the workplace by employees or volunteers engaged in work under federal grants is set forth in
Policy #5161 and administrative regulation #5161R.
YOU ARE FURTHER NOTIFIED that it is a condition of continued employment or volunteer
status that each employee or volunteer engaged in work on any federal grant comply with the above
policy and regulation and that any employee or volunteer engaged in such work who is convicted of
violating a criminal drug statute for a violation occurring in the workplace shall notify his or her
supervisor of the conviction, no later than five (5) calendar days after such conviction.
YOU ARE FURTHER NOTIFIED that any employee or volunteer who violates the terms of the
BOCES’ Drug-Free Workplace Policy or administrative regulation may have his or her employment
suspended or terminated, or his or her volunteer status terminated, as the case may be.
NASSAU BOCES
By:
Superintendent of Schools
5161F.1
1 of 2
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
This certification is required by the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V,
Subtitle D) and is implemented through additions to the Debarment and Suspension regulations,
published in the Federal Register on January 31, 1989.
An organizational applicant certifies that it will provide a drug-free workplace by:
1)
Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee’s
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2)
Establishing a drug-free awareness program to inform employee about:
a.
b.
c.
d.
The dangers of drug abuse in the workplace;
The grantee’s policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee assistance programs; and
The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
3)
Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph (1);
4)
Notifying the employee in the statement required by paragraph (1) that, as a condition of
employment under the grant, the employee will:
a. Abide by the terms of the statement; and
b. Notifying the employer of any criminal drug statute conviction for a violation occurring
in the workplace not later than five days after such conviction;
5)
Notifying the agency within ten days after receiving notice under sub-paragraph (4)(b)
from an employee or otherwise receiving actual notice of such conviction;
6)
Taking one of the following actions, within 30 days of receiving notice under subparagraph
(4)(b), with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including
termination; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
7)
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (1), (2), (3), (4), (5), and (6).
(Continued)
5161F.1
2 of 2
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (Cont’d.)
Place of Performance: The applicant shall insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant: (street address, city, county, state, zip
code)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
An applicant who is an individual certifies that, as a condition of the grant, he or she will not engage in
the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in
conducting any activity with the grant.
This assurance is given in connection with any and all financial assistance from the Department of
Energy after the date this form is signed. This includes payments after such date for financial
assistance approved before such date. The applicant recognizes and agrees that any such assistance
will be extended in reliance on the representations and agreements made in this assurance, and the
United States shall have the right to seek judicial enforcement of this assurance. This assurance is
binding on the applicant, its successors, transferees, and assignees, and on the authorized official (or
individual applicant, as appropriate) whose signature appears below.
__________________________________________________________________________________
Organization Name
__________________________________________________________________________________
Name and Title of Authorized Representative
__________________________________________________________________________________
Signature
Date
2000
5170R
1 of 2
Personnel
SUBJECT:
EMPLOYEE DISCRIMINATION GRIEVANCE GUIDELINES
General Statement
The Nassau BOCES does not discriminate on the basis of sex, age, veteran or marital status,
political affiliation, race, creed or religion, color, national origin, or disability in the employment and
educational opportunities it offers, including vocational educational opportunities as required by Title
IX of the 1972 Educational Amendments and Section 504 of the Rehabilitation Act of 1973.
Guidelines
Employees of the Nassau BOCES are protected from discrimination in the following areas:
1)
Access to employment, including:
- recruitment policies and practices
- advertising
- application procedures
- testing and interviewing practices
2)
Hiring and promotion, including:
- selection practices
- application of nepotism policies
- demotion, lay off, termination
- tenure
3)
Compensation, including:
- wages and salaries
- extra compensations
4)
Job assignments, including:
- classification and position descriptions
- lines of progression
- seniority lists
- assignment and placement
5)
Leaves of absence, including:
- leaves for temporary disability
- childbearing leave and related medical conditions
- childrearing leave
(Continued)
2000
5170R
2 of 2
Personnel
SUBJECT:
6)
EMPLOYEE DISCRIMINATION GRIEVANCE GUIDELINES (Cont’d.)
Fringe benefits, including:
- insurance plans
- retirement plans
- vacation time
- travel opportunities
- selection and support for training
- employer-sponsored programs
7)
Labor organization contracts or professional agreements
Any employee suspecting discrimination on the basis of sex, age, marital or veteran status,
political affiliation, race, creed or religion, color, national origin, or disability may make a claim of
rights denied. This claim or grievance is filed with the Superintendent/designee who will assist with
the grievance process if necessary. The following information should be included on the grievance:
1)
The exact nature of the grievance - actions, policies, or practices believed to be
discriminatory and any person(s) believed to be responsible.
2)
The date, time and place of the alleged discriminatory action(s).
3)
The names of witnesses or persons who have knowledge about the grievance.
4)
Any available written documentation or evidence that is relevant to the grievance.
5)
The actions that could be taken to correct the grievance.
The Superintendent/designee shall cause a review of the grievance to be conducted (including
necessary meetings and interviews) and a written response mailed to the complainant within ten school
days after receipt of the complaint.
If it is agreed that discrimination occurred, corrective action will be taken to restore denied rights.
If there is not agreement, a written appeal may be submitted to the Board of Education indicating
the reasons for disagreement. The Board of Education shall consider the appeal at its next regularly
scheduled meeting following receipt of the appeal.
A complaint of illegal discrimination may also be filed with the Federal Office for Civil Rights,
United States Department of Education, or the New York State Division of Human Rights.
2000
5180R
Personnel
SUBJECT:
LETTERS OF REFERENCE
1)
It is BOCES policy not to give reference letters other than advising prospective employers of the
current or former employee’s title and employment dates. If a BOCES administrator is asked to
write a personal letter of reference for a current or former employee, no such reference may be
written unless the employee seeking the reference has signed a release. The release should be
obtained from the Executive Director of Human Resources.
2)
BOCES administrators are always free to refuse a request for a letter of reference.
3)
Official BOCES letterhead stationery shall not be used for personal letters of reference. The
administrator must specifically state in the reference that BOCES, as a matter of policy, does not
give letters of reference and that the reference is a personal one given by the writer and not
intended to be a BOCES reference.
4)
Letters of reference should be written with full awareness that the employee will very likely
receive a copy, either directly from you, the writer, or via request to the prospective employer.
There should be no presumption of confidentiality.
5)
Any negative comment in a reference letter could be viewed as stigmatizing or prejudicial and/or
a defamation and could subject the writer to a lawsuit for damages.
6)
If in doubt, the only information safely shared are the dates of employment and the position held.
7)
Prior to writing any letter of reference, BOCES administrators should check with the Executive
Director of Human Resources to insure that the proper form required by certain binding
agreements is utilized.
5180F
WAIVER FOR LETTER OF REFERENCE
A copy of this form must be forwarded to the Executive Director of Human Resources by the
Administrator who is providing the reference prior to submission of any references pursuant
to BOCES Administrative Regulation 5180.
Dear _________________________:
(Administrator)
I am writing to confirm my request that you write a letter of reference for me to
________________________________________________. I understand that it is the policy of the
Board of Cooperative Educational Services of Nassau County (“BOCES”) not to give reference letters
other than to advise prospective employers of the current or former employee’s title and dates of
employment.
I am requesting that you provide me with your personal letter of reference which I understand
will not be on BOCES letterhead stationery. I also understand that in your personal reference letter,
you will state that BOCES does not give letters of reference, that your reference is a personal one and
that it is not intended to be a BOCES reference.
As an inducement to you to provide a reference for me, I hereby covenant, on behalf of myself,
my dependents, heirs and assigns, not to sue and fully release and discharge you, BOCES, its officers,
employees, successors and assigns from any and all claims, actions or causes of actions of whatever
kind or nature (including but not limited to claims of negligence) which I now or in the future may
have in any way arising out of or related to the letter of reference or its accuracy and fairness. This
release includes but is not limited to a waiver by me of any right which I may have to a hearing as a
matter of constitutional right, Federal or State law or regulation, contract or BOCES policy arising
from or related to your letter of reference.
Very truly yours,
_____________________________________
Signature
/
Date
(Signature of person requesting reference)
2005
5210R
Personnel
SUBJECT:
REIMBURSEMENT FOR APPROVED EXPENSES
1)
Section 77-B of the General Municipal Law mandates that authorization for attendance at
conferences must be approved by the District Superintendent prior to the date of the conference.
2)
Employees must submit written requests for approval to attend on a Conference Request Form
furnished by the Superintendent indicating prior approval of the building administrator and
Executive Director.
3)
Board officials and employees traveling on approved expense accounts are expected to submit
itemized statements of expenses on forms provided by the Board, together with appropriate
receipts for lodging, travel, et al.
4)
Approved per diem and other travel allowances shall be determined by the Board.
5)
Advance payments for traveling expenses are illegal. In cases of hardship or emergency,
payments may be advanced with the approval of the Superintendent.
6)
No expense accounts will be approved for payment should travel vouchers be submitted for
unauthorized travel or absence from work.
2000
5210R.1
1 of 2
Personnel
SUBJECT:
REIMBURSEMENT OF BOARD MEMBER EXPENSES
Application
The following regulation shall apply to School Board members with regard to the reimbursement
of expenses.
General
Board members who incur expenses in carrying out their authorized duties shall be reimbursed
upon submission of a properly completed and approved voucher and such supporting receipts as
required by the President of the Board of Education and/or the District Superintendent. All
reimbursable expenses must be verified in accordance with standard auditing procedures and original
receipts must be provided for all expenses including, but not limited to, taxis, car rentals, hotels, tolls,
airline tickets, and registration fees, as appropriate. Original receipts for reimbursement of the cost of
meals must be submitted for payment to the BOCES.
Budget Considerations
Such expenses may be approved and incurred in accordance with budgetary allocations for the
specific type of expense.
Travel Expenses
When official travel by personally owned vehicles is made in fulfilling the Board member’s
responsibilities, the mileage payment shall be made at the rate currently approved by the Board at its
Annual Organization Meeting.
Advances
In accordance with Section 77-b of the New York State General Municipal Law, an advance
payment may be requested by those Board members duly authorized to attend a conference for
estimated expenditures, for registration fees, travel, meals, lodging and tuition fees provided itemized
vouchers showing actual expenditures are submitted after such attendance. (See subheading “Expense
Form/Voucher”) To the fullest extent possible, meals, public transportation, lodging expenses, and
registration fees will be paid directly by the BOCES by Purchase Order or BOCES Credit Card, as
appropriate.
(Continued)
2000
5210R.1
2 of 2
Personnel
SUBJECT:
REIMBURSEMENT OF BOARD MEMBER EXPENSES (Cont’d.)
Tax Exempt Status
The BOCES is exempt from sales tax within New York State. Tax exempt forms should be
obtained in advance for such items as hotel rooms, meals within the hotel, car rentals, etc.
Personal Expenses
Individual Board members shall be responsible for personal expenses incurred.
Expense Form/Voucher
Upon return from the conference, workshop, or meeting, the Board member shall, within ten (10)
days, file a completed Claim Form for Conference Expenses (Form #5210F.1). Said voucher shall list
all reasonable and necessary reimbursable expenses for attendance at the conference, workshop, or
meeting from which shall be deducted any advanced payment, thereby indicating the net amount due
to the individual or the balance to be returned to the BOCES. Any balance due shall be reimbursed to
the BOCES in the form of a personal check payable to the BOCES.
2000
5210R.2
1 of 4
Personnel
SUBJECT: REIMBURSEMENT OF STAFF MEMBER EXPENSES
Travel Expenses for Conference/Business
Definitions:
Conference Travel
For the purpose of this regulation, a conference is defined as any conference, convention, seminar or
workshop which meets the following criteria:
1)
2)
3)
4)
5)
The conference should be for the betterment of Nassau BOCES.
The Conference should enable the employee to become more proficient in his/her job.
It usually includes a registration fee.
The conference is usually sponsored by a professional organization.
All conferences must be approved by the Board at its Organization Meeting in July of each year or
by the District Superintendent or designee subsequent to the Organization Meeting.
Business Travel
For the purpose of this regulation, business expenses are those incurred from attendance at a meeting
or visitation located outside the local area either within New York State or out-of-state for approved
business on behalf of Nassau BOCES.
A business trip occurs when an employee, acting on Nassau BOCES’ behalf, travels to a place away
from his/her regular work station for the purpose of planning programs, negotiating or implementing
agreements, securing approvals, providing shared services, supervising or inspecting work in progress,
making financial arrangements, recruiting prospective employees, supervising Nassau BOCES
students, providing or obtaining advice and information or other purposes of this nature.
Reimbursement of Travel Expenses
1)
2)
Section 77-b of the General Municipal Law mandates that all conference requests be approved
prior to date of conference. Conference requests must be submitted to the District Superintendent
or his/her designee (Form #5210F), at least seven days prior to the first date of the conference,
for his/her approval -- which may be granted or withheld at his/her sole discretion.
A Business Travel Request (Form #5210F) must be submitted to the appropriate Executive
Director, or his/her designee for approval at least seven days prior to the first date of the
business meeting within New York State. A Business Travel Request (Form #5210F) must
(Continued)
2000
5210R.2
2 of 4
Personnel
SUBJECT: REIMBURSEMENT OF STAFF MEMBER EXPENSES (Cont’d.)
be submitted to the District Superintendent or his/her designee for approval at least seven days prior to
the first date of the business meeting requiring out-of-state travel. In either case, a copy of the
conference brochure and registration form must be attached to the Business Travel Request for
conferences and any other pertinent information for business travel, e.g., agendas, etc. as well as the
Corporate Credit Card Reservation Form (Form #5210F.2) with appropriate requested documentation
for hotels, LIRR, Amtrak, airfare and car rentals and signed by the Executive Director.
3)
Nassau BOCES employees are expected to claim only actual, necessary, reasonable and
defensible expenses for transportation, meals, lodging, and other expenses incurred in connection
with the business activity or conference.
4)
Transportation, lodging, seminar fees, conference fees, registration fees, and tuition fees should
be billed directly to Nassau BOCES whenever possible. Employees traveling together on
official BOCES business are encouraged to share accommodations whenever practical.
5)
All actual, necessary, reasonable and defensible expenses for transportation, meals, lodging,
tuition fees and seminar fees incurred in connection with attendance at a conference or business
meeting must be supported by original receipts and be within the following guidelines:
a.
Lodging (Daily)
The maximum amount to be reimbursed will be based upon the current maximum
lodging rate including taxes) from the U. S. General Services Administration
publication at www.gsa.gov for the city in which the conference is located. Lodging
will be reimbursed at a rate, exceeding the GSA “Per Diem Rate” when staying at the
conference hotel (or a hotel charging the same or lower rate as the conference hotel) or
in a high-cost area. Tax exemption certificates must be utilized for all lodging within
New York State. Reimbursement for room taxes within New York State will not be
approved. Staff members are not to use their personal credit cards for hotel, airfare,
railroad or car rentals. They must use the BOCES credit card or purchase order for
these expenses. Unforeseen circumstances will be considered by the District
Superintendent or designee.
b.
Meals (Daily)
Effective November 1, 2008, the maximum amount per day to be reimbursed cannot
exceed $75 for breakfast, lunch and dinner. Each meal maximums are as follows:
dinner cannot exceed $50; lunch cannot exceed $25 and breakfast cannot exceed
$20. The maximum amounts total, and for each meal, will include the cost of a tip and
(Continued)
2000
5210R.2
3 of 4
Personnel
SUBJECT: REIMBURSEMENT OF STAFF MEMBER EXPENSES (Cont’d.)
the tax on the meals and must be supported by original receipts. There will be no
reimbursement for any alcoholic beverages. If the conference or business meeting
registration fees include a meal(s), no reimbursement will be made for that meal(s).
c.
All other approved expenses such as parking and tolls must be supported by original
receipts.
6) Written justification must be submitted explaining unusual expenditures or the lack of receipts
which are not obtained when available and required.
7) Whenever feasible, BOCES-owned vehicles should be used for business trips if it is more
economical than other means of travel.
8) When official travel by a personally-owned vehicle is authorized, mileage payment shall be in
accordance with that established by the Board.
9) In general, reimbursement will not be allowed for expenses made on behalf of any second party
unless he/she is a Nassau BOCES employee or officer.
10) Reimbursement will not be allowed for expenses of a personal nature, such as general entertaining
or hosting.
11) When a room is shared with a person not affiliated with BOCES, the single occupancy rate will be
reimbursed if noted on the receipt; otherwise, one-half (1/2) of the room rate will be reimbursed.
12) Upon return from the conference, workshop, or meeting, the staff member shall, within thirty (30)
days, file a completed Claim Form for Conference Expenses (Form #5210F.1). Said voucher
shall list all expenses for attendance at the conference, workshop, or meeting, indicating which are
reimbursable to the employee and which were paid by Nassau BOCES purchase order or
corporate credit card. Employee shall deduct any advanced payment, thereby indicating the net
amount due to the individual or the balance to be returned to the BOCES. Any balance due shall
be reimbursed to the BOCES in the form of a personal check payable to Nassau BOCES.
(Continued)
2000
5210R.2
4 of 4
Personnel
SUBJECT: REIMBURSEMENT OF STAFF MEMBER EXPENSES (Cont’d.)
Travel Expenses for Local Business Meetings
Definition:
Local Business Travel
Local business travel includes those meetings that:
1) Are incurred within the local area of the employees normal work station (Counties of Nassau,
Suffolk and Westchester and boroughs of New York City).
2) Are not conference or business expenses as defined in preceding sections.
3) Do not require conference or business request form #5210F.
4) Do not involve expenses for lodging or registration fees, seminar fees, and conference fees
when such fees do not exceed $50.
Reimbursement of Local Business Expenses
1) Whenever feasible, Nassau BOCES-owned vehicles should be used for local transportation.
2) When official travel by a personally-owned vehicle is authorized, mileage payment shall be in
accordance with that established by the Board.
3) At all times, prior approval from the Executive Director will be required for meal
reimbursement.
4) Reimbursement will not be allowed for expenses of a personal nature, such as general
entertaining or hosting.
5) Effective November 1, 2008, maximum reimbursement for lunch is $25.
6) Expense Claim forms should not be submitted until total expenses exceed $25.
Revised: October 14, 2008
n
5210F
a s s a u
BOCES
Board of Cooperative Educational Services
CONFERENCE/BUSINESS TRAVEL REQUEST
Instructions

This form must be approved for all conference or business travel

Send all copies to your local administrator

The local administrator sends them to the department head

For out-of-state business trips only, the department head sends them to the Deputy
Superintendent

All Conference/Business Travel Requests for members of the Cabinet must be approved by the
Deputy Superintendent
Name _____________________________________
Date request submitted __________________
Title ______________________________________
Department or program __________________
Sponsoring organization ______________________________________________________________
Conference/meeting dates _____________________
Location of conf./mtg. __________________
Purpose of attending _________________________________________________________________
__________________________________________________________________________________
Estimated expenses:
_________________ Travel
_________________ Lodging
_________________ Meals
_________________ Other
_________________ TOTAL
Signature of requestor ________________________________________________________________
Approved by local administrator __________________________
Date _____________________
Do not write below this line
Approved________________
Expenses approved ________
Department head__________________________ Date________
Approved________________
Expenses approved ________
Deputy Superintendent___________________ __ Date____
Distribution:
Employee copy (white)
Business Services (yellow) - to be attached to the claim form when the claim is submitted for reimbursement of expenses
Local administrator (pink)
1900-AD-899
5210F.1
Board of Cooperative Educational Services of Nassau County
Travel Expense Form for Conference/Business
CLAIM
Name _________________________________________
Social Security # _________________________
Address _______________________________________
Date ___________________________________
City/State/Zip ___________________________________
Conference _____________________________________



Do NOT include BOCES direct billed items.
Only one conference per Travel Expense Form.
Attach original receipts as per Reg. 5210R.2
Travel From
Travel To
Date
Airfare
Airport Parking
Railroad Fare
Taxi
Local Transportation
Parking
Tolls
Car Rental
Personal Car Mileage
Lodging
Breakfast
Lunch
Dinner
Telephone
Registration Fee
Other (Please specify)
Total
TOTAL EXPENSES
Less Cash Advance Received
Total Due to Employee
Total Due to BOCES
REMARKS (MUST be utilized when receipts are unavailable)
Employee
Signature
Title
Approved
Date
Approved by
Internal Auditor
Account Code
White
Yellow
Pink
- Business Services
- Accounts Payable
- Claimant/Vendor
1793-AD-797
Revised 7/01/07
2000
5220R
Personnel
SUBJECT:
PERSONNEL RECORDS
BOCES employees shall notify the BOCES Office of their wish to inspect their personnel files at
least two (2) days in advance.
Employees may obtain copies at a cost of any material in the personnel file, but may not remove
any materials from it.
Inspection of the personnel file shall take place in the BOCES Office.
2000
5220R.1
Personnel
SUBJECT:
PERSONNEL FILES
All personnel files are considered confidential. In this case confidential means that the file is
available only to the individual, and his/her supervisors.
Personnel files are to be kept in the Department of Human Resources. Copies of observations
and/or evaluation forms may be kept in the principal’s office but the signed original is to be sent to the
Department of Human Resources. The building principal’s file is considered part of the BOCES
personnel file.
Personnel files are to include communications with the staff member, transcripts, letters of
reference, employment records, etc. All items should be marked “cc: personnel file”, and the
employee should get a copy. Personal notes by the supervisor or building principal and interoffice
memos are not to be kept in the personnel file unless the employee receives a copy.
Grievance materials/communications will be kept in a grievance file.
Material kept in the personnel file is not to be released unless authorized by the staff member.
This will normally be done through the Department of Human Resources and will require written
authorization.
Employees may review their personnel file by appointment in the presence of the Superintendent
or his/her designee. Employees may have copies of any material in their folder except confidential
recommendations.
Financial data and other information covered by the Freedom of Information Law will be made
available only upon proper request.
2000
5220P
Personnel
SUBJECT:
PERSONNEL RECORDS
Responsibility
Action
BOCES Employee
1)
Requests permission to inspect his/her personnel
file from the BOCES Office at least two (2) days
in advance.
Human Resources Administrator
2)
Grants or denies request.
a. If request is granted, has file ready and an area
set aside for inspection on the agreed upon
day and time.
b. If permission is denied for particular date
requested, states the reason and arranges an
alternate time.
BOCES Employee
3)
a. At agreed upon day and time, at designated
area, inspects file in the presence of
designated Human Resources staff member.
b. Requests copy of any material he/she wishes
to have, but may not remove any original
material from the file.
Human Resources Administrator
4)
Returns the personnel file to its proper place.
5220F
1 of 2
DEPARTMENT OF HUMAN RESOURCES
REQUEST FOR SALARY ADJUSTMENT
NAME: ________________________________
ADDRESS: _____________________________
SOCIAL SECURITY NO. __________________
_____________________________ZIP _______
PRESENT POSITION: ____________________
LOCATION: ____________________________
CURRENT YEARS
COMPLETED ____________
CURRENT SALARY ___________
CURRENT LEVEL _______
REQUEST: ________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
FOR SALARY ADJUSTMENT BASED ON ADDITIONAL TRAINING, COMPLETE THE
INFORMATION BELOW.
(Salary placement credit sought as a result of completing twelve (12) college or university credits must
be applied for within two (2) months after the applicable course work has been completed. However,
in the event that a teacher fails to apply within the aforesaid two (2) month period, the affected
teachers may apply for credit prior to the following September 1st. Credit given during the September
application period shall receive prospective salary credit only).
DEGREE(S) HELD
DEGREE
COLLEGE OR OTHER INSTITUTION
MONTH/YEAR
GRANTED
Please note:
1.
2.
3.
4.
No credits, of whatever nature, earned before 1/1/77 may be used for adjustment.
No in-service credits earned after 7/1/80 or before 7/1/86 may be used for adjustment.
If an individual applied for adjustment between 7/1/76 and 1/1/77, any excess (legitimate credits
not utilized for that adjustment) may be carried forward and used for adjustment, if recorded by
BOCES.
ONLY official transcripts may be used for adjustments.
PLEASE COMPLETE PAGE TWO OF THIS FORM
(Continued)
5220F
2 of 2
DEPARTMENT OF HUMAN RESOURCES
REQUEST FOR SALARY ADJUSTMENT (Cont’d.)
As of January 5, 1995, Article V, Section 2.12 applies.
COLLEGE/UNIVERSITY CREDITS:
COURSE NO.
COURSE TITLE
INSTITUTION
DATE
COMPLETED
COLLEGE/UNIV.
CREDITS
TOTAL ________
IN-SERVICE CREDITS:
COURSE NO.
COURSE TITLE
INSTITUTION
DATE
COMPLETED
IN-SERVICE
CREDITS
TOTAL ________
I attest that all of the above credits were not taken during school time, nor were they paid for by
BOCES. Furthermore, I understand that this request will not be processed until official transcript(s) of
the courses listed and credits allowed are received by the Office of Human Resources.
SIGNED: _______________________________________
DATE: _______________________
RETURN FORM TO THE DEPARTMENT OF HUMAN RESOURCES
5220F.1
1 of 2
DEPARTMENT OF HUMAN RESOURCES
REQUEST FOR LEVEL MOVEMENT
NAME: ________________________________
ADDRESS: _____________________________
SOCIAL SECURITY NO. __________________
CITY __________________________________
STATE/ZIP _____________________________
PRESENT POSITION: ____________________
CURRENT YEARS
COMPLETED ________
LOCATION: ____________________________
CURRENT SALARY ______________
CURRENT LEVEL ________
REQUEST: _______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
PLEASE COMPLETE THE INFORMATION BELOW
All adjustments of salary occurring as a result of level movement shall be effective on the employee’s
anniversary date of employment or adjusted date of employment, September 1, or January 1,
whichever occurs first. You must apply within two (2) months of completing the requirements to
move to the next level or you will not have your salary adjusted until the next September 1 or
January 1.
DEGREE(S) HELD
DEGREE
NOTE:
COLLEGE OR OTHER INSTITUTION
MONTH/YEAR
GRANTED
1. Official transcripts ONLY may be used for movement to the next higher level of the
Salary Plan.
2. Completed years of experience in Nassau BOCES must be verified by records in the
Department of Human Resources.
3. For level movements which require Bachelors or Masters degree plus additional credits,
please complete page 2.
4. Prior to July 1, 1979, BOCES utilized a step salary schedule. If you are basing this
level movement upon a previously approved placement on that schedule, please
indicate the level (i.e. MA + 30) here _______________________________________.
(Continued)
5220F.1
2 of 2
DEPARTMENT OF HUMAN RESOURCES
REQUEST FOR LEVEL MOVEMENT (Cont’d.)
COLLEGE/UNIVERSITY CREDITS:
As of July 1, 2000, Article V, Sections 3.1 and 3.2 apply.
COURSE NO.
COURSE TITLE
INSTITUTION
DATE
COMPLETED
COLLEGE/UNIV.
CREDITS
TOTAL ________
IN-SERVICE CREDITS:
COURSE NO.
COURSE TITLE
INSTITUTION
DATE
COMPLETED
IN-SERVICE
CREDITS
TOTAL ________
I attest that all of the above credits were not taken during school time, nor were they paid for by
BOCES. Furthermore, I understand that this request will not be processed until official transcript(s) of
the courses listed and credits allowed are received by the Office of Human Resources.
SIGNED: _______________________________________
DATE: _______________________
RETURN FORM TO THE DEPARTMENT OF HUMAN RESOURCES
5220F.2
Board of Cooperative Educational Services of Nassau County
Interoffice Memo
To:
From:
Date:
Subject:
Employee Probationary Period for Tenure Purposes
Employee:
Title:
The above employee will be serving a ________-week probationary period prior to being eligible for
tenure on ______________________.
Attached is an Employee Evaluation form that should be completed and returned to the Department of
Human Resources not later than ______________.
Tenure recommendations must be submitted to the Board of Education prior to the tenure date, and the
Nassau County Civil Service Commission must be made aware of our tenure intentions two weeks
prior to the completion date of probationary period.
Failure to submit forms in time will result in our inability to exercise the right of termination inherent
in the probationary period concept.
Thank you for your cooperation.
Tenure Recommended:
( ) Yes
( ) No
__________________________________________________________________________________
Evaluator’s Signature
Title
Date
This form must be countersigned by the Department Head.
This employee is a member of the Clerical/Support Cluster or the Technical Cluster. I recommend
this employee for an increase of * $____________________ according to Section 3.5 of the C.S.E.A.
contract *($1,000 - 5,000 maximum not to exceed the midpoint).
__________________________________________________________________________________
Administrator’s Signature
Title
Date
cc:
Canary:
Pink:
Department Head
Human Resources
1398-HR-1197 Rev. 4/23/99
2006
5260R
1 of 3
Personnel
SUBJECT:
STAFF USE OF COMPUTERIZED INFORMATION RESOURCES
The Nassau BOCES’ computer system (BCS hereafter) is provided for staff to enhance the
educational programs of the agency, to further Nassau BOCES goals and objectives, and to conduct
research and communicate with others.
Generally, the same standards of acceptable staff conduct which apply to any aspect of job
performance shall apply to the use of the BCS. The standards of acceptable use as well as prohibited
conduct by staff accessing the BCS, as outlined in Nassau BOCES policy and regulation, are not
intended to be all-inclusive. The staff member who commits an act of misconduct which is not
specifically addressed in Nassau BOCES policy and/or regulation may also be subject to disciplinary
action, including loss of access to the BCS, as well as imposition of discipline under the law and/or the
applicable collective bargaining agreement. Legal action may also be initiated against a staff member
who willfully, maliciously or unlawfully damages or destroys property of Nassau BOCES.
Staff members are encouraged to utilize electronic communications in their roles as employees
of Nassau BOCES. Staff members are also encouraged to utilize electronic means to exchange
communications with parents/guardians or homebound students, subject to appropriate consideration
for student privacy. Such usage shall be limited to school related issues or activities.
Nassau BOCES policies and accompanying regulations on staff and student use of
computerized information resources establish guidelines for staff to follow in instruction and working
with students on acceptable student use of the BCS, including access to external computer networks.
Use of Electronic Mail (E-Mail)
Nassau BOCES provides its employees with electronic mail communications. The primary
purpose of the electronic mail system is to expedite necessary business communications between two
or more individuals. As such, the use of electronic mail is for Nassau BOCES business purposes. Use
of e-mail is a privilege and may be revoked at any time. Use of e-mail constitutes acceptance of the
Acceptable Usage Policy.
Employee-users are expected to be knowledgeable of this and all policies of Nassau BOCES.
Any questions should be directed to the Executive Director of Human Resources. Violations of this or
any other policy subjects the employee-user to immediate revocation of system privileges and may
result in disciplinary action, up to and including termination. Any information included in e-mail
communications becomes the property of Nassau BOCES and is subject to monitoring for compliance
with all Nassau BOCES policies by the Executive Director of Human Resources and the Internal
Auditor.
2006
5260R
2 of 3
Personnel
SUBJECT:
STAFF USE OF COMPUTERIZED INFORMATION RESOURCES (Cont’d.)
E-Mail Accounts
The employee-user must first be authenticated through a Nassau BOCES-assigned network
username and a user-defined password. The username and password is the responsibility of the
individual to whom it is assigned. Any authorized use of the username and password by other
individuals (i.e., family members) to gain access to the Nassau BOCES network and Internet makes
that user responsible for any and all actions of the individuals.
An electronic mail "account" is assigned to each employee-user. Any communication sent
from that account is the responsibility of the employee-user assigned to the account. Employee-users
are prohibited from allowing other individuals to send electronic mail from their account and may not
use another Nassau BOCES account to send e-mail communications for their own purposes. You
should not expect that electronic mail communications made through the Nassau BOCES system are
confidential. Although you will be given a username and a user-defined password this does not
insulate transmission from employer review.
Proper and Ethical Use of Electronic Mail
At any time and without prior notice, Nassau BOCES management reserves the right to
examine e-mail, personal file directories, and other information stored on Nassau BOCES computers.
This examination helps to ensure compliance with internal policies, supports the performance of
internal investigations, and assists with the management of Nassau BOCES information systems. As
such, the Executive Director of Human Resources or any of his/her representatives may monitor the
content of electronic mail. Use of the Electronic Mail system constitutes acceptance of such
monitoring.
This regulation should be read and interpreted in conjunction with all other Nassau BOCES
policies and regulations including but not limited to policies and regulations prohibiting harassment,
discrimination, offensive conduct or inappropriate behavior. Employee-users are prohibited from using
electronic mail for any unethical purposes, including but not limited to pornography, violence,
gambling, racism, harassment, or any illegal activity. Employee-users are forbidden from using
profanity or vulgarity when posting electronic mail.
Employee-users are also prohibited from using electronic mail through Nassau BOCES
systems for any other business or profit-making activities. Disclosure of any confidential information
through electronic mail to any party not entitled to that information is prohibited. Employee-users are
prohibited from entering into any contracts or agreements on behalf of Nassau BOCES through
electronic mail. Any such contracts or agreements must be executed through normal channels and
must be expressly authorized by management.
2006
5260R
3 of 3
Personnel
SUBJECT:
STAFF USE OF COMPUTERIZED INFORMATION RESOURCES (Cont’d.)
In general, employee-users should exercise the same restraint and caution in drafting and
transmitting messages over the electronic mail as they would when writing a memorandum and should
assume that their message will be saved and reviewed by someone other than the intended recipients.
Refer to the Nassau BOCES Electronic Mail Guidelines for further information on the proper and
acceptable use of the e-mail system.
Transmitting E-mail to "Everyone" Group
Employee-users are prohibited from sending electronic mail to all other employee-users
through the use of the "Everyone" address group unless expressly authorized by management to do so.
Electronic Mail Through the Internet
Employee-users may be authorized to transmit or receive electronic mail to and from
individuals through the Internet (outside of the Nassau BOCES network). Employee-users should take
extreme caution when using the e-mail in this manner. All files or software should be passed through
virus protection programs prior to use. Failure to detect viruses could result in corruption or damage to
files and/or unauthorized entry into the Nassau BOCES network. It is mandatory that you comply with
copyright and trademark laws when downloading materials from the Internet. If the employee-user
finds that any damage occurred as a result of downloading software or files, the incident should be
reported immediately to CIT Help Desk at (516) 334-1770.
Staff Use of Computerized Information Resources Policy/Regulation
In consideration for the use of the Nassau BOCES Computer and E-Mail Systems, I agree to
adhere to the Staff Use of Computerized Information Resources Policy and Regulation and any
changes or additions later adopted by Nassau BOCES. I understand that failure to comply with this
policy and regulation may result in the loss of my access to the above systems.
I also understand that such violation of Nassau BOCES policies and regulations may also result
in the imposition of discipline under the law and/or the applicable collective bargaining agreement.
(Signature)
Revised:
(Date)
7/00
1/06
(Print Name Here)
2006
5270R
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Personnel
SUBJECT: USE OF ELECTRONIC COMMUNICATION DEVICES
This regulation is designed to specify staff requirements for use of electronic communication
devices, including cell phones, limited push-to-talk and/or mobile-to-mobile devices (two-way
devices), and beepers and/or pagers.
The Assignment of Communication Devices for Policy Adherence for the school year is
approved each year at the July Organization Meeting by the Board of Education. Staff members
assigned a Nassau BOCES electronic communications device by the District Superintendent or his/her
designee are required to abide by the following:
1)
Carry the communications device and be reachable according to a time schedule
determined by their immediate supervisor.
2)
Cell phones: The agency will pay for approved business calls within the limits of
employees’ service plans. We recognize that employees may need to make or receive
personal calls periodically. These personal calls are permitted within the parameters of
an individual employee’s service plan. Employees must reimburse the agency for
charges related to calls over and above their service plans. (Should charges be business
related, they may be waived in writing at the discretion of the Executive Director.)
Employees are responsible for reimbursing the agency for all 411 calls, text or picture
messages and/or any additional charges not authorized by the immediate supervisor
regardless of the minutes allowed within individual plans. Each month, the agency will
review employees’ monthly cell phone bills for usage outside of normal business use.
Employees incurring additional charges will be notified of the amount they need to
reimburse Nassau BOCES.
3)
Two-way devices: These devices are issued to staff members based on the need for
communications throughout the day as per their job responsibilities. Such two-way
devices will not have the ability to make cellular phone calls other than emergency
numbers. As such, Nassau BOCES will pay the cost of the monthly bill entirely.
2006
5270R
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Personnel
4)
Pagers: In some cases, Nassau BOCES will issue pagers to staff members if that is the
most appropriate equipment for carrying out their job responsibilities. Again, Nassau
BOCES will pay for that device entirely.
All employees issued electronic equipment are expected to maintain it and be responsible for its loss
and/or damage.
State law prohibits the use of a cell phone when driving - unless using a hands-free device. All
employees are expected to adhere to this law.
Adopted: September 27, 2006
2000
5311R
Personnel
SUBJECT:
TARDY MEDICAL INSURANCE PREMIUMS
It is BOCES’ policy to cancel coverage promptly for enrollees who do not pay their required
medical insurance premium payments on time.
Coverage will terminate on the last day of the month for which payment has been received.
Procedures for termination of coverage will be in accordance with regulations of the New York
State Government Employees Health Insurance Program and participating Health Maintenance
Organizations, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), and the
Family and Medical Leave Act of 1993 (FMLA).
2000
5320R
1 of 2
Personnel
SUBJECT:
PROCEDURES FOR SUPERVISORS WHEN AN EMPLOYEE IS INJURED
ON THE JOB
1)
Employees must report all work-related injuries immediately to their supervisor. This is Board
policy.
2)
It is Board policy that a BOCES’ Employers Injury/incident Report must be completed by the
supervisor for each work-related injury. The report should be completed as soon as possible after
the injury/incident has occurred, ideally within 24 hours.
3)
All sections must be filled out. The injured employee may only complete section 1. The
supervisor must investigate the incident and fill out sections 2 and 4. Section 3 is to be filled out
by the school nurse or the supervisor.
4)
The report must be forwarded to the Accounting and Insurance office for processing. Do not
hold up filing the report because an employee has not yet returned to work. Claims for medical
bills and workers' compensation cannot be processed without a report being filed.
5)
The employee should retain the gold copy and the school nurse should retain the pink copy for
the school's file. In buildings with no nurse, the employee’s supervisor should retain the pink
copy. The pink copy must be retained for five years.
6)
If the supervisor believes the incident/injury is suspicious or questionable, he or she should
contact the Accounting and Insurance office immediately at 396-2312, so that BOCES’ workers’
compensation insurer is informed of the need for further investigation.
7)
If an employee is unable to return to work following an incident, the first five (5) days will be
deducted from the employee’s sick time, if available. Otherwise the employee will be docked
salary for the five days. The rest of the time will be marked as Workers’ Compensation days.
However, all time lost due to an incident on the job must be recorded on the time sheets sent to
Payroll, as “G” - Worker Comp. If an employee has not returned to work after 5 working days
due to an injury, the employee's supervisor should contact the Payroll office. Waiting for time
sheets to be processed can lead to employees being overpaid.
8)
An employee may elect to utilize accrued sick days, personal days and vacation days in lieu of
Workers’ Compensation days. In order to initiate the use of these days, a Sick Day/Personal
Day/Vacation Day Usage Authorization must be filled out (currently must be requested from
Accounting and Insurance), signed and returned by the employee during the pay period in which
the injury occurred. Upon Nassau BOCES receipt of Workers’ Compensation reimbursement,
the portion of the sick days, personal days and vacation days that is equivalent to such
reimbursement payment will be restored. Special provisions apply to NABCOT members as per
contract. NABCOT members should not fill out the Sick Day/Personal Day/Vacation Day Usage
Authorization.
(Continued)
2000
5320R
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Personnel
SUBJECT:
9)
PROCEDURES FOR SUPERVISORS WHEN AN EMPLOYEE IS INJURED
ON THE JOB (Cont’d.)
After an employee is absent 5 working days due to an injury, the supervisor should begin to
contact the employee periodically to check on the employee’s progress with regards to returning
to work. The supervisor should offer any assistance that might be necessary to enable the
employee to return to work as quickly as possible.
10) If an employee has not returned to work after 5 working days due to an injury, the employee is
required to periodically submit Doctors notes detailing his or her health and treatment status.
Notes must state when the employee is expected to be able to return to work. The employee's
supervisor will send a letter to the injured employee requesting the notes. All Doctor's notes
should be sent to the Accounting and Insurance office. Copies of the notes will be forwarded by
Accounting and Insurance to the employee’s supervisor.
11) An employee who is absent from work due to an injury, for longer than 5 working days, must
have a doctors note stating that the employee is able to fully assume his/her duties without
restrictions, before the employee will be permitted to return to work.
5320F
OFFICE USE ONLY
Date C-2.5 Filed ___/___/___
Disability Date ____/___/___
Board of Cooperative Educational Services of Nassau County
Employer’s Injury/Incident Report
__________________
SECTION 1
Injured
Employee
__________________
__________________
__________________
BOCES Employee #
Last Name
First Name
Initial
_______________________________________________________
_______________________________
Home Address
Telephone #
_____________________
______/______/_______
_____/______/______
______/_____/______
Male or Female
Social Security #
Date of Birth
Date of Hire
____________________________________________
_____________________________________________
Job Title
Division
____________________________________________
_____________________________________________
Address where injury/incident occurred
Did injury/incident occur at employee’s work location?
(Name of building, address, town)
(Y or N) ______ If not, indicate work location.
* Does employee wear glasses on a regular basis?
SECTION 2
Description of
injury/Incident
and Cause
_____/_____/_____
_____________________
_____________________
A.M.
or
P.M.
Date of Accident
Day of Week
Time of Injury/Incident
Circle
__________________________________________
_________________________________________________
Witness(es)
Was injured employee paid in full for this day?
______________________________________________________________________________________________
Type of surface (dirt, carpet, concrete, grass, tile, wood, or other)
______________________________________________________________________________________________
Safety devices in use (gloves, hard hat, protective clothing, safety glasses, shoes, or other)
Brief description of injury/incident: (State what the employee was doing at the time of the accident; what machine,
object, or substance was most closely connected with the accident; whether the employee slipped, fell, was struck and
by whom etc.; what equipment, tools, etc., were being used at the time of the accident.)
EXAMPLE: While the employee was cutting paneling, the knife slipped and cut let index finger.
______________________________________________________________________________________________
______________________________________________________________________________________________
Corrective
Action
SECTION 3
Nature of
Injury
SECTION 4
______________________________________________________________________________________________
What corrective action has been taken to prevent future similar incidents?
*Any prior accidents?
Dates?
State the nature of the injury/incident, what part(s) of the body affected, and indicate right or left side (such as, injury
to the right ear, left elbow, thumb on the right hand, lower back, left ankle, forehead, nose, right thigh, left side of
chest, etc., resulting in bruises, swelling, etc.)
______________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________
Was medical care provided?
___________________________________________
Name and address of doctor
______________________________________________
If yes, when?
______________________________________________
Name and address of hospital
___________________________________________
Has employee returned to work?
______________________________________________
If yes, give date
If not, please have the injured person inform the Accounting and Insurance Office when he or she returns to work.
The telephone number is 516-997-8700.
Authorized
____________________________________________
______________________________________________
Signature
(Signature of Principal or Administrator)
____________________________________________
Title
RETURN TO BOCES
Telephone #
______________________________________________
Date of Report
474-BS-491 Rev.
2000
5340R
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Personnel
SUBJECT:
FAMILY AND MEDICAL LEAVE ACT
The Family and Medical Leave Act of 1993 (FMLA) requires private sector employers of 50 or
more employees, and public agencies to provide up to 12 weeks of unpaid, job-protected leave to
“eligible” employees for certain family and medical reasons. Employees are “eligible” if they have
worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months,
and if there are at least 50 employees within 75 miles. Similar provisions also apply to federal and
congressional employees.
Reasons for Taking Leave
An employer must grant unpaid leave to an eligible employee for one or more of the following
reasons:
1)
For the care of the employee’s child (birth, or placement for adoption or foster care);
2)
For the care of the employee’s spouse, son or daughter, or parent/guardian, who has a
serious health condition; or,
3)
For a serious health condition that makes the employee unable to perform their job.
At the employee’s or employer’s option, certain kinds of paid leave may be substituted for
unpaid leave.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification.
1)
The employee ordinarily must provide 30 days advance notice when the leave is
“foreseeable.”
2)
An employer may require medical certification to support a request for leave because of a
serious health condition.
3)
An employer may also require medical certification if the employee is unable to return
from leave because of a serious health condition.
Intermittent or Reduced Leave
1)
An employee may take intermittent leave or may work a reduced leave schedule to reduce the
usual number of hours per day or work week.
2)
Intermittent or reduced leave schedules are subject to employer approval unless medically
necessary.
(Continued)
2000
5340R
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Personnel
SUBJECT:
FAMILY AND MEDICAL LEAVE ACT (Cont’d.)
Job and Benefits Protection
1)
Upon return from FMLA leave, most employees must be restored to their original or equivalent
positions with equivalent pay, benefits, and other employment terms. Employers may deny
restoration to certain highly compensated employees, but only if necessary to avoid substantial
and grievous economic injury to the employer’s operation.
2)
The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to
the start of an employee’s leave.
3)
The use of unpaid FMLA leave cannot affect the exempt status of bona fide executive,
administrative and professional employees under the Fair Labor Standards Act.
Medical Insurance Coverage
1)
For the duration of FMLA leave, the employer must maintain the employee’s medical insurance
coverage under any "group health plan," under the conditions coverage would have been
provided if the employee had continued working.
2)
In some cases, the employer may recover premiums paid for maintaining an employee’s health
coverage if the employee fails to return to work from FMLA leave.
Unlawful Acts by Employers
FMLA makes if unlawful for any employer to:
1)
Interfere with, restrain, or deny the exercise of any right provided under FMLA;
2)
Discharge or discriminate against any person for opposing any practice made unlawful by
FMLA; and,
3)
Discharge or discriminate against any person because of involvement in any proceeding under or
related to FMLA.
Miscellaneous Provisions
1)
Special rules apply to employees of local education agencies.
2)
Employers must post a notice approved by the Secretary of Labor explaining rights and
responsibilities under FMLA. Any employer who willfully violates this requirement may be
subject to a fine of up to $100 for each separate offense.
(Continued)
2000
5340R
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Personnel
SUBJECT:
FAMILY AND MEDICAL LEAVE ACT (Cont’d.)
FMLA Does Not
1)
Affect any federal or state law prohibiting discrimination;
2)
Supersede any state or local law which provides greater family or medical leave rights;
3)
Diminish an employer’s obligation to provide greater leave rights under a collective bargaining
agreement or employment benefit plan, nor may the rights provided under FMLA be diminished
by such agreement or plan; nor,
4)
Discourage employers from adopting policies more generous than required by FMLA.
Enforcement
1)
The Secretary of Labor is authorized to investigate and attempt to resolve complaints of
violations, and may bring an action against an employer in any federal or state court of law.
2)
FMLA’s enforcement procedures parallel those of the federal Fair Labor Standards Act. The
FMLA will be enforced by the Department’s Wage and Hour Division.
3)
An eligible employee may bring a civil action against an employer for violations.
4)
Employers who act in good faith and have reasonable grounds to believe their actions did not
violate FMLA may have any damages reduced to actual damages at the discretion of a judge.
For more information, please contact the nearest office of the Wage and Hour Division, listed in
most telephone directories under U.S. Government, Department of Labor, Employment Standards
Administration.
2000
5340R.1
1 of 2
Personnel
SUBJECT:
YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to
"eligible" employees for certain family and medical reasons. Employees are eligible if they have
worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months,
and if there are at least 50 employees within 75 miles.
Reasons for Taking Leave
Unpaid leave must be granted for any of the following reasons:
1)
To care for the employee’s child after birth, or placement for adoption or foster care;
2)
To care for the employee’s spouse, son or daughter, or parent/guardian, who has a serious
health condition; or
3)
For a serious health condition that makes the employee unable to perform the employee’s
job.
At the employee’s or employer’s option, certain kinds of paid leave may be substituted for
unpaid leave.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification.
Taking of leave may be denied if requirements are not met.
1)
The employee ordinarily must provide 30 days advance notice when the leave is
“foreseeable.”
2)
An employer may require medical certification to support a request for leave because of a
serious health condition, and may require second or third opinions (at the employer’s
expense) and a fitness for duty report to return to work.
Job Benefits and Protection
1)
For the duration of FMLA leave, the employer must maintain the employee’s health
coverage under any “group health plan.”
2)
Upon return from FMLA leave, most employees must be restored to their original or
equivalent positions with equivalent pay, benefits, and other employment terms.
3)
The use of FMLA leave cannot result in the loss of any employment benefit that accrued
prior to the start of an employee’s leave.
(Continued)
2000
5340R.1
2 of 2
Personnel
SUBJECT:
YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT
(Cont’d.)
Unlawful Acts by Employers
FMLA makes in unlawful for any employer to:
1)
Interfere with, restrain, or deny the exercise of any right provided under FMLA;
2)
Discharge or discriminate against any person for opposing any practice made unlawful by
FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement
1)
The U.S. Department of Labor is authorized to investigate and resolve complaints of
violations.
2)
An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any federal or state law prohibiting discrimination or supersede any state
or local law or collective bargaining agreement which provides greater family or medical leave rights.
For Additional Information
Contact the nearest office of the Wage and Hour Division, listed in most telephone directories
under U.S. Government, Department of Labor.
5340F
1 of 2
_________________________________________
EMPLOYEE NAME
FAMILY LEAVE/MEDICAL LEAVE APPLICATION
Qualifications*
In accordance with the Family and Medical Leave Act of 1993, an employee is entitled to an
unpaid leave of up to 12 weeks with benefits under the following conditions:




The employee has been employed at least 12 months.
The employee has worked at least 1,250 hours in the last year.
The employee gives his/her 30-day notice of his/her intention to take a leave when the need
for a leave is foreseeable.
The employee has not been granted a Family/Medical Act Leave in the 12 months preceding
the commencement of this leave request.
*All of the above must be satisfied to be eligible for either a Family or Medical leave. Please check
those criteria which you meet. An employee will continue to pay their regular rate of contribution for
health insurance for up to twelve (12) weeks of unpaid leave.
Family Leave
Family leave is available to an employee for any of the following reasons:



The birth of a child and care for the infant.
Adoption of a child and care for the infant.
The placement with the employee of a child in foster care.
The family leave must be taken during the 12-month period from the date of birth or placement
of the child. Intermittent leave is not allowed under the family leave provision. An employee may
elect, or an employer may require an employee, to use accrued paid vacation, personal or family leave
in place of the unpaid leave.
Medical Leave
Medical leave is available to an employee for any of the following reasons:




Who has a “serious health condition” that prevents the employee from doing his or her job.
To care for a spouse who has a serious health condition.
To care for a dependent child who has a serious health condition.
To care for a parent/guardian who has a serious health condition. A serious health
condition is defined as “an illness, injury, impairment, or physical or mental condition” that
involves hospitalization or other inpatient care or continuing treatment by a doctor.
Medial leave may be taken intermittently, but the BOCES may transfer the employee to another
comparable position if the intermittent leave is foreseeable and the other position better accommodates
recurring periods of leave. Additionally, for instructional employees whose foreseeable medical leave
absences will exceed 20 percent of the period over which the intermittent leave will occur, the BOCES
can require the employee to elect to either take a block leave or accept a temporary transfer to another
position that better accommodates recurring periods of leave.
(Continued)
5340F
2 of 2
An employee may elect, or an employer may require an employee, to use accrued vacation,
personal, or sick leave for a medical leave. However, an employee is not entitled as a result of the
Family and Medical Leave Act to use accrued sick leave when he or she would not otherwise be able
to use sick leave under the terms of a collective bargaining agreement.
A BOCES can require an employee requesting a medical leave to provide certification from a
doctor that outlines the basis for the leave and its anticipated duration. If the BOCES doubts the
validity of the doctor’s certification, the law provides a method for obtaining a second, and, if
necessary, a third medical opinion.
Return to Employment
At the end of the family or medical leave, the employee is entitled to return to the actual position
or an equivalent position he or she held before the leave. For instructional employees, restoration to a
position “shall be made on the basis of established Board policies and practices” and the collective
bargaining agreement. For example, the BOCES is free under the law to assign a returning elementary
teacher to a different grade from the class he or she taught prior to the leave.
The law states that an employee does not lose accrued employment benefits as a result of the
leave, but he or she is not entitled to accrue seniority during the leave period.
Special limitations apply to instructional employees returning from leave near the conclusion of
an academic term. Depending on the duration of the leave and the length of time remaining until the
end of the school term, the BOCES can require the employee to wait until next term to return.
--------------------------------------------------------------------------------------------------------------------------NAME OF EMPLOYEE _____________________________________________________________
(Please Print)
Employee Signature
DATE OF APPLICATION _____________________________
FAMILY LEAVE DETERMINATION


qualified
not qualified
_______ initials (approval)
_______ initials (disapproval)
Date(s) ______________________________________________________
Reason ______________________________________________________
_____________________________________________________________
MEDICAL LEAVE DETERMINATION


qualified
not qualified
_______ initials (approval)
_______ initials (disapproval)
Date(s) ______________________________________________________
Reason ______________________________________________________
_____________________________________________________________
PLEASE RETURN TO THE PERSONNEL OFFICE
2000
6000
Nassau BOCES
SECTION V
STUDENTS
NUMBER
ATTENDANCE
Regulation ........................................................................................................................ 6110R
Regulation: Student Absences and Excuses .................................................................. 6110R.1
Regulation: Student Dismissal Precautions .................................................................... 6110R.2
CORPORAL PUNISHMENT
Regulation: Physical Force/Corporal Punishment .......................................................... 6211R
Form: Use of Physical Force/Corporal Punishment Report Form ................................. 6211F
Form: Semi-Annual Report of Incidents of Complaints About the Use of
Corporal Punishment ........................................................................................... 6211F.1
SUSPENSION
Regulation: Guidelines Leading to Suspension .............................................................. 6212R
Regulation: Superintendent’s Hearing ............................................................................ 6212R.1
STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES
Regulation ........................................................................................................................ 6214R
Form: Agreement for Student Use of BOCES Computerized Information
Resources ............................................................................................................. 6214F
Form: Parent/Guardian Consent ..................................................................................... 6214F.1
SCHOOL CONDUCT AND DISCIPLINE
Regulation: Discipline .................................................................................................... 6216R
Regulation: Use of Redirection Alternatives, Behavioral Interventions, Time-Out
6219R
ALCOHOL, DRUGS AND OTHER SUBSTANCES
Regulation: Alcohol, Tobacco, Drugs, and Other Substances........................................ 6220R
PROTECTION OF PUPIL RIGHTS AMENDMENT
Regulation: Protection of Pupil Rights Amendment ...................................................... 6225R
SEARCHES AND INTERROGATIONS
Regulation: Student Interrogations ................................................................................. 6230R
Regulation: Searches By School Personnel .................................................................... 6230R.1
2000
6000
Nassau BOCES
SECTION V
STUDENTS (Cont’d.)
NUMBER
WEAPONS IN SCHOOL
Regulation: Firearms or Other Dangerous Weapons ...................................................... 6240R
GUN-FREE SCHOOLS
Regulation ........................................................................................................................ 6241R
STUDENT RECORDS: ACCESS AND CHALLENGE
Regulation: Access to Student Records .......................................................................... 6320R
Form: Request by Parent/Guardian or Eligible Student to Examine
and Copy Records ................................................................................................ 6320F
Form: Authorization for Release of Records .................................................................. 6320F.1
Form: Notice of Court Order or Subpoena ..................................................................... 6320F.2
Form: Statement of Purpose for Viewing Student Records ........................................... 6320F.3
Form: Notification to Parents/Guardians of Record Transfer ........................................ 6320F.4
Form: Request to Contest Records ................................................................................. 6320F.5
CHILD ABUSE
Regulation ........................................................................................................................ 6430R
Regulation: Physical and Behavioral Indicators ............................................................. 6430R.1
Procedure: Child Abuse and Neglect .............................................................................. 6430P
Form: Report of Suspected Child Abuse or Maltreatment ............................................. 6430F
NOTIFICATION OF SEX OFFENDERS
Regulation ........................................................................................................................ 6432R
SEXUAL HARASSMENT
Regulation ........................................................................................................................ 6440R
2000
6000
Nassau BOCES
SECTION V
STUDENTS (Cont’d.)
NUMBER
PRESCRIPTIVE MEDICATION
Regulation: Guidelines for Administering Medication in School .................................. 6452R
Form: Parent and Prescriber’s Authorization for Administration of Medication
In School .............................................................................................................. 6452F
Form: Daily Medication Log .......................................................................................... 6452F.1
Form: Self-Medication Release Form ............................................................................ 6452F.2
Form: Occupational and Physical Therapy Referral ...................................................... 6452F.3
COMPLAINTS AND GREIVANCES BY STUDENTS
Regulation ........................................................................................................................ 6461R
2000
6110R
1 of 2
Students
SUBJECT:
ATTENDANCE
The impact of attendance upon instruction on a regular and continuing basis is an important
element in an effective teaching/learning program. Each and every student should attend classes on a
regular basis and be a participant in the classroom programs, activities, and discussions in order to
benefit from presentations made by instructors. Because of the information being disseminated and
because of the expectation of student participation, class attendance is important. Students’ prolonged
absences will result in loss of instruction; therefore, attendance is imperative.
At such time as a student’s lack of attendance is identified as a problem, every effort should be
made to address the problem, utilizing the resources of the school and involving the student and his or
her parents or guardians to discuss the attendance problem. The school resources include both
teaching and administrative staff as well as guidance staff. When resources of the BOCES have been
exhausted and attendance patterns have not improved, other outside sources, including family court,
may be appropriate in an attempt to correct the problem.
Definitions
1)
Legal Absence -- Includes absence or tardiness due to personal illness, death or illness in the
family, court appearance, religious observance, approved college visits, quarantine,
approved cooperative work program, attendance at health clinic, or military obligation.
Refer to Regulation #6110R.1 -- Student Absences and Excuses for a complete list of legal
absences.
2)
Illegal/Unlawful Detention -- The parent or guardian is aware of the reason for the student’s
tardiness or absence. The reason for the absence or tardiness is not one of those listed as
legal or as a truancy/cut. Vacations taken by families at times other than those regularly
scheduled by the BOCES are considered as unlawful detention, and thus illegal.
3)
Truancy/Cut -- The parent or guardian sends the student to school, attempts to get the
student to school, expects the student to be in school, but the student misses all or part of the
school day.
Regulations
The attendance regulations which follow are intended to be constructive rather than punitive.
The intent is to encourage each student to attend all classes in order to achieve maximum success in
schools.
(Continued)
2000
6110R
2 of 2
Students
SUBJECT:
1)
2)
ATTENDANCE (Cont’d.)
Students absent from school must account for that absence by:
a.
Producing a note from parent or guardian stating the student’s name, date, day(s) of
absence and the reason for the absence; and
b.
Assuming responsibility for making up work missed with each teacher in a manner
consistent with school and department guidelines.
Arrangements for make up work:
a.
Teachers shall set standards for their classes as to deadlines for late work and/or missed
evaluation opportunities, tests, quizzes, lab work, etc., consistent with building
guidelines.
b.
Students who are absent from class have the obligation to contact their teacher upon the
day of their return concerning the make up work.
c.
Work will be made up as directed by the teacher. After-school makeup sessions take
precedence over extracurricular and non-school activities, including employment.
d.
Although teachers will consider extenuating circumstances, completed make up work
will be required within reasonable deadlines established by the teacher.
e.
Teachers are encouraged, but not required, to assist with make up work outside
regularly scheduled after school office hours.
3)
Students asked to leave a class due to poor behavior will receive a disciplinary penalty.
4)
If a student feels that this regulation has been misapplied by a teacher, that student has the
right to appeal the decision to the department head or administration, whichever is
appropriate.
NOTE:
This is not applicable to BOCES Special Education classes.
2000
6110R.1
1 of 3
Students
SUBJECT:
STUDENT ABSENCES AND EXCUSES
Absences
Students must:
1)
Bring a note from home giving name, date, days of absence and reason for absence.
2)
Present excuse on day of return to homeroom teacher.
3)
Make immediate plans to make up work due to absence. If student is absent for an extended
period of time, the student should call the Counseling Office for aid in obtaining assignments.
NOTE: Parents/guardians, if their child’s surname is not the same as the parent/guardian, should
include the child’s last name on the note as well.
School attendance is required for all children who are of compulsory attendance age.
Absences from School Which are Considered Legal:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
Personal illness
Death in family
Illness in the family
Medical appointments
Dental appointments
Impassable roads
Weather
Religious observance
Required to be in court
Quarantine
Music lessons
Attendance at health clinics
Approved college visits
Military obligations
Administrative Approval/Emergency situations - covers unexpected events which keep a student
from attendance. Such cases will be considered individually by the principal.
16) Educational trip
17) Planned evidence of an acceptable educational experience
(Continued)
2000
6110R.1
2 of 3
Students
SUBJECT:
STUDENT ABSENCES AND EXCUSES (Cont’d.)
The following are not considered legal absences for New York State and will be marked as
illegal absences on the student’s report card.
1)
2)
3)
4)
5)
6)
7)
8)
9)
Visiting
Hair cut
Obtain learner’s permit/road test
Overslept
Babysitting
Needed at home
Hunting
Trip with or without parents/guardians for recreational purposes. Because vacation periods are
provided within the school calendar, trips taken at other times during the school year will be
considered illegal absences and will be subject to penalties enforced, unless the trip is approved
by the Superintendent of Schools or his/her designee.
Truancy (absence or other leave from school without parental permission).
Extended Illness
Students who have an extended illness may be placed on home-tutoring and will not be counted
as absent during the extended illness.
1)
A doctor’s statement indicating the need for, the dates and the length of the home-tutoring
must be submitted by the parent/guardian before approval by the administration.
2)
The request for home tutoring will be forwarded to the Assistant Superintendent for
Instruction for approval, who will make the arrangements for the home-tutoring.
3)
Under the directions of the tutor, the student will complete all missed assignments and
continue assigned course work. When the assignments are satisfactorily completed and
approved by the teacher, the student will then be marked in attendance for the days missed
due to illness.
Truancy and Tardiness
Any student not in his/her assigned homeroom or first period class within five minutes after the
start of the scheduled school day is considered either absent or tardy. If a student arrives at school
after homeroom has begun, he/she should report immediately to the main office to sign in. A written
excuse is required explaining why the student is late. If the student does not have an excuse
explaining his/her tardiness, he/she must submit a note from his/her parents/guardians the following
day explaining the reason for his/her tardiness.
(Continued)
2000
6110R.1
3 of 3
Students
SUBJECT:
STUDENT ABSENCES AND EXCUSES (Cont’d.)
Student absence without prior knowledge and consent of a parent/guardian is considered truancy,
an illegal absence. Truancy will be dealt with as outlined in the Student Code of Conduct.
Skip Days: Occasionally students get together and organize a day or part of a day off from school.
The Nassau BOCES does not condone these activities. Students participating in such activities will be
subject to truancy regulations as outlined in the Student Code of Conduct.
2000
6110R.2
Students
SUBJECT:
STUDENT DISMISSAL PRECAUTIONS
The principal of each school in the BOCES shall maintain lists of individuals who are authorized
to obtain the release of students in attendance at the school. No student may be released in the custody
of any individual who is not the parent or guardian of the student unless the individual’s name appears
on the list.
Parents or guardians may submit a list of individuals authorized to obtain the release of their
children from school at the time of the child’s enrollment. A parent or guardian may amend, in
writing, a list submitted pursuant to this regulation at any time.
Certified copies of any court order or divorce decrees provided by the custodial parent/guardian,
which restrict a parent’s/guardian’s ability to seek the release of his/her child, shall be maintained by
the principal of each school.
Individuals seeking the release from school of a student must report to the school office and
present identification deemed satisfactory by the school principal. The principal must check the
authorized list and relevant court orders or divorce decrees before a student may be released.
The principal may release a student to an individual not appearing on the approved list only if the
principal has determined that an emergency exists and the parent or guardian has been contacted by
the principal and has approved the release.
2000
6211R
Students
SUBJECT: PHYSICAL FORCE/CORPORAL PUNISHMENT
Building principals are to file a written report (using Form #6211F) to the Superintendent of any
incident of an employee using physical force or corporal punishment within 5 days of knowledge of
the incident.
In addition, the Superintendent should be advised verbally of the incident as soon as possible
after the occurrence.
After consultation with the principal and, if necessary, the employee, parent/guardian and/or
student, the Superintendent will determine if action toward the employee is appropriate.
6211F
1 of 2
USE OF PHYSICAL FORCE/CORPORAL PUNISHMENT REPORT FORM
Please complete and return to the Superintendent of Schools.
1)
Employee administering physical force/corporal punishment (circle one)
_____________________________________________________________________________
2)
Name of student _______________________________________________________________
3)
Student’s grade level ____________________________________________________________
4)
Briefly describe the incident ______________________________________________________
5)
Why did the employee use physical force or corporal punishment? _______________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
6)
What complaint was filed by the parents/guardians, if any? _____________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
7)
Were there other actions that resulted from the complaint? ______________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
8)
Signature of building principal ____________________________________________________
Date ________________________________________
(Continued)
6211F
2 of 2
USE OF PHYSICAL FORCE/CORPORAL PUNISHMENT REPORT FORM (Cont’d.)
PART II (Completed by Superintendent)
1)
If a Superintendent conference was held, what was the outcome? _________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
2)
Other recommendations or steps taken: _____________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
3)
Signature of Superintendent ______________________________________________________
Date ___________________________________
Reported to SED Date __________________________
6211F.1
1 of 2
The University of the State of New York
THE STATE EDUCATION DEPARTMENT
Comprehensive Health and Pupil Services Team
Albany, New York 12234
SEMI-ANNUAL REPORT OF INCIDENTS OF COMPLAINTS
ABOUT THE USE OF CORPORAL PUNISHMENT
Please provide the information requested on this form and return it no later than ____________
to the Comprehensive Health and Pupil Services Team.
1)
School District/BOCES
Name
__________________________________________
2)
On the reverse side of this form, please set forth the substance of each complaint about the use of
corporal punishment received by your School District/BOCES during the reporting period of.
Check box if there were no complaints received concerning corporal punishment in this reporting
period.

Date ____/____/____
____________________________________________
Superintendent’s Signature
(Continued)
SEMI-ANNUAL REPORT OF INCIDENTS OF COMPLAINTS
ABOUT THE USE OF CORPORAL PUNISHMENT
In the space below, provide a summary of each complaint about the use of corporal punishment by personnel in this School District or
BOCES. This form may be reproduced if additional sheets are needed.
Reporting period: From ____________________________________ to _________________________________
COMPLAINT NO.
SUBSTANCE OF
RESULT OF
ACTION TAKEN,
AND DATE
COMPLAINT
INVESTIGATION
IF ANY
6211F.1
2 of 2
2000
6212R
Students
SUBJECT:
GUIDELINES FOR STUDENT SUSPENSION
1)
Keep careful records of all violations of school regulations. This should include names, dates,
circumstances, investigation and disposition.
2)
Utilize support personnel to find ways of helping the student and/or parents/person(s) in parental
relation to solve the problem (teachers, guidance, psychologists, social worker, attendance
officer, etc.).
3)
Utilize all school and community agencies which might prove helpful.
4)
Record all attempts to deal with problems, including conferences with parents/person(s) in
parental relation, teacher observations, record of referrals to other personnel and agencies and
their reports.
5)
When the principal has exhausted all available alternatives and resources and feels that the
student’s continued presence in school would constitute a threat or danger to himself/herself or
other students, the matter should be referred to the Superintendent of Schools.
6)
When a student has been suspended and is of compulsory attendance age, immediate steps shall
be taken to provide alternative instruction which is of an equivalent nature to that provided in the
student’s regularly scheduled classes.
7)
When a student is suspended from school for a period of five (5) school days or less,
administration shall immediately notify the parents/person(s) in parental relation in writing that
the student has been suspended. Notice will be sent to the last known address of the student’s
parents/person(s) in parental relation in such manner as to assure receipt of the notice within 24
hours of the student’s suspension. Where possible, notification shall also be provided by
telephone.
8)
The notice shall describe the incident(s) which resulted in the suspension and shall inform the
parents/person(s) in parental relation of their right to request an immediate informal conference
with the principal in accordance with the provisions of Education Law, Section 3214(3)(b). Both
the notice and informal conference shall be in the dominant language or mode of communication
used by the parents/person(s) in parental relation.
9)
Regardless of the length of a student’s suspension, if a parent/person in parental relation wishes
to appeal the suspension of such student by the principal and/or Superintendent, such appeal
must be made to the Board of Education, if necessary, prior to commencing an appeal to the
Commissioner of Education.
NOTE:
Refer also to #6216R -- Discipline and #6212R.1 -- Superintendent’s Hearing.
2000
6212R.1
Students
SUBJECT:
SUPERINTENDENT’S HEARING
A student may not be suspended for a period in excess of five (5) school days unless he/she and
the parent/person in parental relation to him/her shall have had an opportunity for a Superintendent’s
Hearing at which the student shall have the right to be represented by an attorney, the right to present
witnesses and other evidence on his/her own behalf and the right to cross-examine witnesses against
him/her. The notice of the hearing should advise the student of the grounds for the charges in specific
enough terms to enable him/her to anticipate reasonably the subject content of the proposed hearing
and to prepare a defense.
The student may bring a parent/person in parental relation with him/her to the hearing, and both
the student and the person invoking the hearing procedure may be represented by counsel. An
interpreter should be available, if needed.
At the hearing, persons having direct knowledge of the facts should be called to testify. Hearsay
evidence may be admitted but alone is not sufficient, notwithstanding the administrative nature of the
proceeding. There must be some direct evidence of guilt of the charges. The burden of proving guilt
rests upon the person making the charge, and the student is entitled to a presumption of innocence of
wrongdoing unless the contrary is proved. The student may testify in his/her own behalf and is free to
cross-examine witnesses against him/her.
Both the Superintendent of Schools and the Board of Education are authorized to appoint a
hearing officer to conduct student disciplinary hearings. The report of the hearing officer is advisory
only, and the Superintendent of Schools or Board may accept or reject all or any part of such report.
When a student has been suspended and is of compulsory attendance age, immediate steps shall
be taken to provide alternative instruction which is of an equivalent nature to that provided in the
student’s regularly scheduled classes. Although the alternative instruction need not match in every
respect the instructional program previously offered to the student, it must be adequate enough so that
the student may complete his/her course work.
In the case of a potential long term suspension of a student classified as having a disability, a
referral to the District Committee on Special Education will be made to determine if the behavior
giving rise to the suspension is directly related to the disability.
2000
6214R
1 of 4
Students
SUBJECT:
STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES
Program Implementation
The BOCES recognizes that effective use of technology is important to our students and will be
essential to them as adults. Consequently, the School System will provide access to various
computerized information resources through the BOCES’ computer system (DCS hereafter) consisting
of software, hardware, computer networks and electronic communications systems. This may include
access to electronic mail, so called “on-line services” and “Internet.” The BOCES shall provide
personnel support for such usage.
The DCS is for educational and/or research use only and must be consistent with the goals and
purposes of the BOCES. The standards of acceptable use as well as prohibited conduct by students
accessing the DCS, as outlined in BOCES policy and regulation, are not intended to be all-inclusive.
Students are responsible for good behavior on school computer networks just as they are in a
classroom or a school hallway. In addition to the specific standards of student conduct delineated in
this regulation, the general requirements of acceptable student behavior expected under the BOCES’
school conduct and discipline policy and the Student Discipline Code of Conduct also apply to student
access to the DCS. Communications on the network are often public in nature. General school rules
for behavior and communications apply.
Legal and ethical implications of software use will be taught to students of all levels where there
is such software use. In addition, the building principal or his/her designee and/or classroom teacher
will be responsible for informing BOCES students of rules and regulations governing student access to
the DCS.
In order to match electronic resources as closely as possible to the approved BOCES curriculum,
BOCES personnel will review and evaluate resources in order to offer “home pages” and menus of
materials which comply with Board guidelines governing the selection of instructional materials. In
this manner, staff will provide developmentally appropriate guides to students as they make use of
telecommunications and electronic information resources to conduct research and other studies related
to the BOCES curriculum. As much as possible, access to the BOCES’ computerized information
resources will be designed in ways which point students to those which have been reviewed and
evaluated prior to use. While students may be able to move beyond those resources to others which
have not been evaluated by staff, students shall be provided with guidelines and lists of resources
particularly suited to the learning objectives.
(Continued)
2000
6214R
2 of 4
Students
SUBJECT:
STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES
(Cont’d.)
Authorization
Students will not be permitted to use the DCS without specific authorization from the
appropriate administrator and/or instructor. Furthermore, only those students who have signed an
agreement form and provided written permission from parents/guardians may access the DCS,
including potential student access to external computer networks not controlled by the BOCES.
(Refer to Forms #6214F and #6214F.1.) Permission is not transferable and may not be shared. All
required forms must be kept on file in the BOCES Office.
Standards of Conduct Governing Student Access to the DCS
Inappropriate use of the DCS may result in disciplinary action, including suspension or
cancellation of access. Prior to suspension or revocation of access to the DCS, students will be
afforded applicable due process rights. Each student who is granted access will be responsible for that
usage. The DCS is provided for students in support of their educational program and to conduct
research and communicate with others. Student access to external computer networks not controlled
by the BOCES is provided to students who act in a considerate and responsible manner. Individual
users of the BOCES’ computerized information resources are responsible for their behavior and
communications over the BOCES computer network. It is presumed that users will comply with
BOCES standards and will honor the agreements they have signed.
A student is responsible for keeping a log of all contacts made on the BOCES’ computer
network. The full Internet address of each correspondence on the network must be included in this
log. A count of all mail received must be included in this log. The BOCES computer coordinator or
his/her designee will be responsible for placing a log book near each computer capable of accessing
the network.
Student data files and other electronic storage areas will be treated like school lockers. This
means that such areas shall be considered to be BOCES property and subject to control and inspection.
The computer coordinator may access all such files and communications to insure system integrity and
that users are complying with the requirements of BOCES policy and regulations regarding student
access to the DCS. Students should NOT expect that information stored on the DCS will be private.
During school, teachers will guide students toward appropriate materials. Outside of school,
parents/guardians bear responsibility for such guidance as they do with information sources such as
television, telephones, movies, radio and other potentially offensive/controversial media.
(Continued)
2000
6214R
3 of 4
Students
SUBJECT:
STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES
(Cont’d.)
Use of the DCS which violates any aspect of BOCES policy; the Student Discipline Code of
Conduct; and federal, state or local laws or regulations is strictly prohibited and may result in
disciplinary action in compliance with applicable BOCES guidelines and/or federal, state and local
law including, but not limited to, suspension and/or revocation of access to the DCS. In addition to
the BOCES’ general requirements governing student behavior, the following specific activities shall
be prohibited by student users of the DCS.
1)
Using the DCS to obtain, view, download, send, print, display or otherwise gain access to
or to transmit materials that are unlawful, obscene, pornographic or abusive.
2)
Use of obscene or vulgar language.
3)
Harassing, insulting or attacking others.
4)
Damaging, disabling or otherwise interfering with the operation of computers, computer
systems, software or related equipment through physical action or by electronic means.
5)
Using unauthorized software on the DCS.
6)
Changing, copying, renaming, deleting, reading or otherwise accessing files or software not
created by the student without express permission from the computer coordinator.
7)
Violating copyright law.
8)
Employing the DCS for commercial purposes, product advertisement or political lobbying.
9)
Disclosing an individual password to others or using others’ passwords.
10)
Transmitting material, information or software in violation of any BOCES policy or
regulation, the school behavior code, and/or federal, state and local law or regulation.
11)
Revealing personal information about oneself or of other students including, but not limited
to, disclosure of home address and/or telephone number.
Network accounts are to be used only by the authorized owner of the account. Any user of the
DCS that accesses another network or computer resources shall be subject to that networks acceptable
use policy.
(Continued)
2000
6214R
4 of 4
Students
SUBJECT:
STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES
(Cont’d.)
If a student or a student’s parent/guardian has a BOCES network account, a non-BOCES
network account, or any other account or program which will enable direct or indirect access to a
BOCES computer, any access to the DCS in violation of BOCES policy and/or regulation may result
in student discipline. Indirect access to a BOCES computer shall mean using a non-BOCES computer
in a manner which results in the user gaining access to a BOCES computer, including access to any
and all information, records or other material contained or stored in a BOCES computer.
Sanctions
1)
Violations may result in suspension and/or revocation of student access to the DCS as
determined in accordance with appropriate due process procedures.
2)
Additional disciplinary action may be determined at the building level in accordance with
existing practices and procedures regarding inappropriate language or behavior, as well as
federal, state and local law.
3)
When applicable, law enforcement agencies may be involved.
Security
Security on any computer system is a high priority, especially when the system involves many
users. Users of the DCS identifying a security problem on the BOCES’ system must notify the teacher
in charge. A student is not to demonstrate the problem to other users. Attempts to log on to the DCS
as a computer coordinator will result in cancellation of user privileges. Any user identified as a
security risk or having a history of problems with other computer systems may be denied access to the
DCS. Further, any violations regarding the use and application of the DCS shall be reported by the
student to the teacher in charge.
6214F
AGREEMENT FOR STUDENT USE OF BOCES
COMPUTERIZED INFORMATION RESOURCES
In consideration for the use of the BOCES’ Computer System (DCS), I agree that I have been
provided with a copy of the BOCES’ policy on student use of computerized information resources and
the regulations established in connection with that policy. I agree to adhere to the policy and the
regulations and to any changes or additions later adopted by the BOCES. I also agree to adhere to
related policies published in the Student Handbook.
I understand that failure to comply with these policies and regulations may result in the loss of
my access to the DCS. Prior to suspension or revocation of access to the DCS, students will be
afforded applicable due process rights. Such violation of BOCES policy and regulations may also
result in the imposition of discipline under the BOCES’ school conduct and discipline policy and the
Student Discipline Code of Conduct. I further understand that the BOCES reserves the right to pursue
legal action against me if I willfully, maliciously or unlawfully damage or destroy property of the
BOCES. Further, the BOCES may bring suit in civil court pursuant to General Obligations Law
Section 3-112 against my parents or guardians if I willfully, maliciously or unlawfully damage or
destroy BOCES property.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(Blank lines for items of student information)
____________________________________________
Student Signature
____________________________________________
Date
____________________________________________
School Building
6214F.1
PARENTAL/GUARDIAN CONSENT
I am the parent/guardian of _______________________________________________________,
the minor student who has signed the BOCES’ agreement for student use of computerized information
resources. I have been provided with a copy and I have read the BOCES’ policy and regulations
concerning use of the DCS.
I also acknowledge receiving notice that, unlike most traditional instructional or library media
materials, the DCS will potentially allow my son/daughter student access to external computer
networks not controlled by the BOCES. I understand that some of the materials available through
these external computer networks may be inappropriate and objectionable; however, I acknowledge
that it is impossible for the BOCES to screen or review all of the available materials. I accept
responsibility to set and convey standards for appropriate and acceptable use to my son/daughter when
using the DCS or any other electronic media or communications.
I agree to release the BOCES, the Board of Education, its agents and employees from any and all
claims of any nature arising from my son/daughter’s use of the DCS in any manner whatsoever.
I agree that my son/daughter may have access to the DCS and I agree that this may include
remote access from our home.
____________________________________________
Parent/Guardian Signature and Other Information
____________________________________________
Date
2000
6216R
1 of 10
Students
SUBJECT: DISCIPLINE
1)
All employees must constantly promote an honest and open communication system which
involves students, parents/guardians, all other employees, and the community-at large. Such a
system can result in a mutual understanding of the rights and responsibilities which belongs to
each and a more pleasant and successful climate can be created.
One means by which communication will be enhanced is through each school distributing
handbooks for students, parents/guardians and faculty. Such handbooks clearly define the law,
Board of Education policy, and administrative regulations as well as provide guidelines for the
development of self discipline and the maintenance of order. The content of such handbooks
must be consistent throughout the BOCES, yet recognize the need for which such handbooks are
intended. All policy and regulations pertaining to discipline and student behavior must be
contained therein and distributed and reviewed annually.
2)
Administrators and faculty must constantly seek to provide alternative educational programs and
facilities to respond to the needs of the disruptive student.
3)
Students must be properly supervised at all times by the proper individual charged with this
responsibility, i.e. teacher, bus driver, etc. If at any time it is necessary for the individual to be
away from the students, the responsible individual must make proper arrangements to ensure
temporary supervision.
4)
Building administrators are responsible for enforcing the laws, policies and regulations to ensure
appropriate student behavior and a conducive educational climate. In turn, the teachers are
responsible to maintain appropriate student behavior in their classrooms and throughout their
school. Classrooms and schools should be so administered that at all times the objectives of
training for self-discipline, individual responsibility and favorable climate for learning might be
realized.
5)
When a discipline problem occurs, the teacher should exhaust all possibilities and resources
available to him/her for its solution. Finding this unsuccessful, the teacher needs to seek further
assistance through the administration of the school. All parties to the problem, i.e. student,
teacher, parents/guardians, administrators, guidance, must be involved as early and as completely
as is necessary to resolve it. All problems are to be dealt with in a firm, fair, legal and timely
manner.
6)
The building administrator and staff must make every reasonable effort to assist students to
adjust properly, using to good advantage their experience and knowledge of child growth and
development. Depending on the nature of the case, they may discipline the student directly in
relation to the offense; they may call in the parents/guardians for a conference; they may refer
the case for the attention of the support personnel; or they may use a combination of these
procedures - as well as other resources or techniques - in accordance with their best judgment.
(Continued)
2000
6216R
2 of 10
Students
SUBJECT:
DISCIPLINE (Cont’d.)
7)
Administrators, teachers and counselors are to contact and involve the parents/guardians as early
as possible in the resolution of a problem. This is of extreme importance, as parents/guardians
can exert the most influence on the student in helping him/her adjust to school.
Parents/guardians are expected to cooperate with the schools in working toward a solution to the
problem.
8)
Whenever possible, administrators and teachers throughout the BOCES are to adhere to the
following for dealing with student misbehavior:
a.
The teacher must exhaust all resources in dealing with a problem. This means that there
must be at least one or more private conferences between the teacher, the student, and the
parent(s)/guardian(s), to attempt to resolve the problem. The administrator and/or
counselor should be informed of the problem.
b.
The teacher may consider detaining the student after school for a conference and
assistance, and parents/guardians are to be notified. Such detention may be scheduled for
the following day from the infraction in order to inform parents/guardians and provide
transportation.
c.
The teacher should refer a student to the administrator and/or counselor for a conference
and/or corrective measures. Parents/guardians are to be notified by school authorities and
involved in the resolution of the problem.
d.
The continuation of the student’s misbehavior can result in the following:
e.
(1)
Required parent/guardian conference.
(2)
Placement of student in an alternative program (a program for secondary students
who are denied attendance in the regular day school). Parents/guardians must be
notified and parent/guardian conference is required.
(3)
Suspension out of school by building principal for a period of time not to exceed five
(5) days. Parents/guardians must be notified within 24 hours, and parent/guardian
conference is required.
A student may be suspended:
(1)
Who is insubordinate or disorderly, or whose conduct otherwise endangers the safety,
morals, health and welfare of others, OR
(2)
Whose physical or mental condition endangers the health, safety or morals of
himself/herself or of other minors.
(Continued)
2000
6216R
3 of 10
Students
SUBJECT:
(3)
DISCIPLINE (Cont’d.)
a. When a student is suspended from school for a period of five days or less,
administration shall immediately notify the parents/guardians in writing that the
student has been suspended. Notice will be sent to the last known address of the
student’s parents/guardians in such manner as to assure receipt of the notice
within 24 hours of the student’s suspension. Where possible, notification shall
also be provided by telephone.
b. The notice shall describe the incident(s) which resulted in the suspension and
shall inform the parents/guardians of their right to request an immediate informal
conference with the principal in accordance with the provisions of Education
Law, Section 3214(3)(b). Both the notice and informal conference shall be in the
dominant language or mode of communication used by the parents/guardians.
(4)
Suspension out of school by the Superintendent of Schools for a period of time
exceeding five (5) days. Parents/guardians must be notified, presumably by
telephone and registered mail, that prior to the suspension in excess of five days, the
parent/guardian and student shall have the right to a hearing. At such hearing, the
student shall have the right to be represented by an attorney, the right to present
witnesses and/or other evidence on his/her own behalf, and the right to cross examine
witnesses against him/her.
(5)
When a student has been suspended and is compulsory attendance age, immediate
steps shall be taken to provide alternative instruction which is of an equivalent nature
to that provided in the student’s regularly scheduled classes.
(6)
The notice of the hearing must advise the student of the grounds for the charges in
specific enough terms to enable him/her to anticipate reasonably the subject content
of the proposed hearing and to prepare a defense.
(7)
The student should be allowed to remain in school prior to the hearing unless his/her
presence in school poses a clear danger to his/her physical or emotional safety, to
other students, faculty or institutional property, or to the continuation of the learning
process.
(8)
At the hearing, persons having direct knowledge of the facts should be called to
testify. Hearsay evidence alone is not sufficient. There must be some direct evidence
of guilt of the charges. As in court, the burden of providing guilt rests upon the
administrator making the charge, and the student is entitled to a presumption of
innocence of wrongdoing unless the contrary is proved. The student may testify in
his/her own behalf, and is free to cross-examine witnesses against him/her.
(Continued)
2000
6216R
4 of 10
Students
SUBJECT:
(9)
DISCIPLINE (Cont’d.)
The administrator bringing the charges must furnish the Superintendent of Schools
with all records and written report on the facts and charges.
(10) Both the Superintendent of Schools and the Board of Education are authorized to
appoint a hearing officer to conduct disciplinary hearings. The report of the hearing
officer is advisory only, and the Superintendent of Schools or Board of Education
may accept or reject all or any part of such report.
(11) A stenographic record and/or tape recording should be made of the entire hearing.
The student should be provided a copy upon his/her written request.
(12) Any decision by the Superintendent of Schools can be appealed to the Board of
Education, and from the Board of Education to the Commissioner of Education, or
through the courts.
If a suspended student is under the compulsory attendance age, the Board of
Education must provide alternative instruction for him/her.
9) Building administrators and/or the Transportation Director are empowered to suspend bus
transportation privileges of students who are disorderly or insubordinate. The parents/guardians
in these cases are then responsible for the safe transportation of their children to and from school.
(Refer also to Regulation #7340R -- Suspension From Bus Transportation.)
10) Student discipline records are to be maintained by building administrators, but all data more than
four year old should be destroyed.
11) The use of the term “corporal punishment” in this regulation shall be defined as any act of
physical force upon a student for the purpose of punishing that student. Corporal punishment is
prohibited. However, reasonable physical force can be used for any of the following purposes:
a.
To protect oneself from physical injury;
b.
To protect another student or teacher or any other person from physical injury;
c.
To protect the property of the school or of others; or
d.
To restrain or remove a student whose behavior is interfering with the orderly exercise and
performance of BOCES functions, powers or duties, if that student has refused to comply
with a request to refrain from further disruptive acts; provided that alternative procedures
and methods not involving the use of physical force cannot reasonably be employed to
achieve the purposes set forth above.
(Continued)
2000
6216R
5 of 10
Students
SUBJECT:
DISCIPLINE (Cont’d.)
Any use of corporal punishment must be reported both verbally and in writing just as soon
as possible to the individual’s immediate supervisor. Such report must include all
necessary facts leading to the use of corporal punishment as the means of correcting the
problem. Any use of corporal punishment or any complaint of such use must be
investigated by appropriate personnel of the BOCES and written report submitted to the
Superintendent.
12) Removal of a student with a disability for longer than ten (10) cumulative days or as otherwise
authorized in accordance with law is viewed as a “change in placement” and cannot take place
without appropriate involvement of the local district’s Committee on Special Education.
When a student with a disability is referred in writing to the local district’s Committee on
Special Education for disciplinary infractions which would result in long term suspension, the
referral shall document the infractions and request an immediate local district’s Committee on
Special Education meeting.
The local district’s Committee on Special Education meeting will be held within ten (10)
business days of commencing a removal that constitutes a change in placement in accordance
with federal and state law/regulation.
a.
Whether the student’s behavior was related to the disability.
b.
Whether the student’s behavior presents a serious danger to himself/ herself or others.
c.
Whether the student’s classification, placement, and/or program, needs to be changed to
better meet the student’s needs.
Where the local district’s Committee on Special Education determines that the student’s actions
are related to his/her disability, the Committee must provide alternate placement and/or program
changes. If the local district’s Committee on Special Education determines that the behavior is
not related to the disability, disciplinary action will be determined by normal disciplinary
procedures.
In all cases, the due process rights pertaining to the placement of a child with a disability and the
due process rights pertaining to suspension of a student will be granted to the student and his/her
parents/guardians.
13) Smoking by students in and on school property shall be prohibited. The Board of Education
supports a strong anti-smoking program within the school curriculum.
(Continued)
2000
6216R
6 of 10
Students
SUBJECT:
DISCIPLINE (Cont’d.)
14) Board of Education policy, administrative regulations and guidelines are to be given wide
dissemination. This is necessary so that all parties involved -- students, parents/guardians,
teachers and administrators -- will know what is expected of them.
Early Identification and Resolution of Student Discipline Problems
Many students referred to BOCES programs have significant identified behavior problems. IEPs
and other information from local districts will alter the expectations BOCES staff must have for these
students with special needs. For other general education students, these general guidelines will be
applied.
Pupil service personnel, administrators, teachers, and others should communicate about students
when they believe such students present a possible discipline problem. Appropriate personnel will
conduct an investigation of the reports and/or communicate, which may include conferences with the
student, parents/guardians, teachers, other pupil service personnel or others, as he/she deems
appropriate for the early identification and resolution of the suspected problem. If an administrator
suspects that the problem may be a manifestation of a disability, he or she will refer the matter to the
local district’s Committee on Special Education in the manner prescribed by 200.4 of the
Commissioner’s Regulations and by BOCES policy.
The Superintendent will direct the development of any forms necessary for the implementation
of this regulation after consulting with each building principal.
Discipline Code for Students
Students must conduct themselves at all times in the following manner:
1)
So as not to interfere with the teaching/learning process or the orderly operation of the
school;
2)
So as to obey laws and rules to respect others and the property of others;
3)
So as to maintain courteous relations with teachers and fellow students;
4)
So as to assume responsibility for themselves, their conduct and their learning;
5)
So as to maintain an excellent attendance record to class and school by avoiding
unnecessary absence or tardiness;
6)
So as to make a sincere effort to always perform in the best manner possible.
(Continued)
2000
6216R
7 of 10
Students
SUBJECT:
DISCIPLINE (Cont’d.)
The following list of student misbehaviors, though not intended to be all-inclusive, is cause for
disciplinary action by school authorities:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
Possession, use, distribution or sale of drugs on school grounds or at school events;
Possession, use, or sale of alcohol on school grounds or at school events;
Disrespectfulness;
Physical assault on teachers, students or school employees;
Vandalism;
Truancy or excessive tardiness;
Fighting;
Stealing;
Disobedience;
Continual disruptive misbehavior;
Profane and/or obscene language or actions;
Storing, possessing or carrying dangerous weapons;
Endangering another or impugning another’s rights;
Continual unexcused absenteeism;
Intimidation;
Extortion;
Immorality;
Acts of violence;
Forgery;
Arson;
Continual infractions of school rules;
Dishonesty;
Insubordination;
Smoking.
A student may be suspended from school or subjected to other disciplinary action when the
student:
1)
Engages in conduct which is:
a. Disorderly, i.e., intentionally causing public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, by:
1.
2.
3.
4.
Fighting or engaging in violent behavior;
Making unreasonable noise;
Using abusive or obscene language or gestures;
Obstructing vehicular or pedestrian traffic; or
(Continued)
2000
6216R
8 of 10
Students
SUBJECT:
DISCIPLINE (Cont’d.)
5. Creating a hazardous or physically offensive condition by any act which serves no
legitimate purpose; or
6. Vandalizing school property or property of others;
7. Stealing.
b. Insubordinate, i.e. failing to comply with the lawful directions of a teacher, school
administrator or other school employee in charge of the student, or
2)
Endangers the safety, morals, health or welfare of others by any act, including but not
limited to:
*a. Selling, using or possessing alcohol, drugs, or other controlled substances or drug
paraphernalia;
*b. Selling, using or possessing weapons, fireworks, or other dangerous instruments or
contraband;
c. Selling, using or possessing obscene materials;
d. Using profane, vulgar or abusive language (including ethnic slurs);
e. Smoking;
f. Gambling;
g. Hazing;
h. Engaging in lewd behavior, or any behavior unbecoming young adults in a public
school, i.e. excessive display of affection, or
*A violation of this nature is severe enough to automatically warrant a suspension.
3)
Engages in any of the following forms of academic misconduct:
a. Lateness for, missing or leaving school or class without permission or excuse;
b. Cheating (including but not limited to copying, using unauthorized help sheets and the
like, illegally obtaining tests in advance, substituting for a test-taker, and other forms of
unauthorized collusion), or
c. Plagiarism, or
(Continued)
2000
6216R
9 of 10
Students
SUBJECT:
4)
DISCIPLINE (Cont’d.)
Engages in conduct violating the Board’s rules and regulations and local laws for the
maintenance of public order on school property.
The range of disciplinary measures which may be imposed by staff and/or administration for
violations of the student disciplinary code include the following:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
Verbal warning;
Written warning;
Written notification to parents/guardians;
Counseling;
Probation;
Reprimand;
Detention;
In school suspension;
Suspension from transportation;
Suspension from athletics participation;
Suspension from social or extra curricular activities;
Suspension of other privileges;
Exclusion from a particular class;
Involuntary transfer;
Suspension from school.
Depending upon the nature of the violation, it is the Board’s desire that student discipline be
progressive, i.e., a student’s first violation should merit a lighter penalty than subsequent
violations. It is also the Board’s desire that the staff member/administrator take into account all
other relevant factors in determining an appropriate penalty. The above penalties may be
imposed either alone or in combination.
These regulations and penalties are not considered to be inclusive or to preclude in any way the
prosecution and conviction of any person for the violation of any federal or state law or local
ordinance and the imposition of a fine or penalty provided for therein.
Student Disciplinary Proceedings
1)
Any teacher, administrator, Board member, parent/guardian or other person may report a
violation of the student disciplinary code to the building principal or designee. The
principal or designee will then make an investigation of the charges as deemed appropriate
and institute an informal or disciplinary proceeding, and/or make a referral to the local
district’s Committee on Special Education, as he/she deems necessary.
(Continued)
2000
6216R
10 of 10
Students
SUBJECT:
2)
DISCIPLINE (Cont’d.)
This regulation and the Board’s rules and regulations for the maintenance of public order
on school property will be publicized and explained by the teaching staff to all students and
provided in writing to all parents/guardians on an annual basis. In order to insure the
effectiveness of this student disciplinary code, the Board of Education requests the
continuing assistance of parents/guardians in explaining and enforcing the code.
Professional Staff Development Opportunities for Effective Application of the Discipline Policy
and Regulations
Continuing professional growth and increasing effectiveness on the part of the entire staff are
essential for the success of educational programs and the effective application of the school conduct
and discipline policy and regulations. Inservice programs, to familiarize the professional staff with the
provisions and purposes of this policy and regulations, shall be conducted in each school of the
BOCES by the principal or other appropriate administrator at least annually. The professional staff
shall be encouraged to make use of available inservice opportunities. Such opportunities shall include,
within budgetary limitations, special inservice courses and workshops, summer study grants, school
visitations, and attendance at professional conferences and meetings.
The Superintendent will have the authority to approve released time for conferences and
visitations, and reimbursements for expenses, provided such activities are within budget allocations.
NOTE:
Refer also to Regulations #6212R -- Guidelines For Suspension and
#6212R.1 -- Superintendent’s Hearing.
2007
6219R
1 of 8
Students
_______________________________________________________________________
SUBJECT:
USE OF REDIRECTION ALTERNATIVES INCLUDING A HIERARCHY OF
BEHAVIORAL INTERVENTIONS AND TIME-OUT
To assist Nassau BOCES’Special Education sSchools in the implementation of the Redirection Ppolicy, the
following letters, forms, Functional Behavioral Assessment (FBA) consent and reports are attached. They
include:
1.
2.
3.
4.
5.
6.
7.
Confirmation of Screening, School Tour and Discussion of Program Components
Parent/Guardian Consent to Complete a Functional Behavioral Assessment
Letter to District Directors to Request the Use of Time-Out Be Included in the Individualized
Education Program (IEP) at the Annual Review
Letter to District Directors Related to FBAs and BIPs Requesting Time-Out
Emergency Intervention Report
Letters to Parents Related to FBAs and Behavioral Intervention Plans (BIPs) Requesting Time-Out
The following statement must be included in all BIPs from this day forward. The statement must read:
I acknowledge that I have received a copy of my child’s Behavioral Intervention Plan and I consent to
use all of the interventions outlined in the Plan.
____________________________
Parent/Guardian Signature
____________________________
Student’s Name
______________
Date
2007
6219R
2 of 8
Students
_______________________________________________________________________
CONFIRMATION OF SCREENING, SCHOOL TOUR AND
DISCUSSION OF PROGRAM COMPONENTS
My signature affirms that my child _____________________has been screened and that I have
(Student Name)
been on a tour with ______________________during school hours at ____________________.
(Staff Member)
(School Name)
I have seen typical student classrooms, the learning center, gym, art/music rooms and student support, positive
alternatives to suspension and time out rooms.
The screening staff has also discussed the instructional, clinical components and our school’s Redirection Plan.
I understand that, in unanticipated situations that pose an immediate concern for the physical safety of students
or others, physical restraint and/or time out may be used as an emergency intervention in order to ensure the
safety of students and staff (SED Memorandum relating to Behavioral Interventions, February 2007). If an
emergency intervention is used, parents will be informed, and a Functional Behavioral Assessment and
Behavioral Intervention Plan will be immediately developed.
_____________________________
Parent/Guardian Signature
cc: File
___________________
Date
2007
6219R
3 of 8
Students
_______________________________________________________________________
PARENT/GUARDIAN CONSENT TO
COMPLETE A FUNCTIONAL BEHAVIORAL ASSESSMENT
STUDENT'S NAME:
DATE OF BIRTH
Dear Parent/Legal Guardian:
Your school team would like to complete a Functional Behavioral Assessment (FBA), in
order to effectively address your child's behavioral difficulty and explore the possible
need for a Behavioral Intervention Plan (BIP). The evaluation consists of a review of
school records, data, classroom observations, teacher, child and parent interviews, and the
possible use of behavior rating scales. The goal of the FBA is to identify specific target
behaviors, triggers, setting events, perceived antecedents, warning signs, consequences,
staff actions and perceived functions of your child's behavior, that interferes with his/her
learning, in order to develop an effective BIP to reduce problematic behavior and increase
more appropriate behavior.
We ask that you provide your consent by signing below to indicate that you have been
informed of the purposes of the FBA and agree that a FBA be completed.
Please sign the consent statement below and return to us as soon as possible.
PARENT CONSENT:
I consent that a FBA be completed by appropriate staff as described above.
Signature of parent/guardian
Date:
Thank you for your cooperation in this matter. Should you have any questions or concerns, please
do not hesitate to call.
Very truly yours,
Principal
C: Student File
2007
6219R
4 of 8
Students
_______________________________________________________________________
LETTER TO DISTRICT DIRECTORS TO REQUEST THE USE OF
TIME-OUT BE INCLUDED IN THE IEP AT THE ANNUAL REVIEW
February 15, 2007
District
Dear Ms.:
Re:
Enclosed please find a copy of the Behavior Intervention Plan for ___________________. We hope to
review it at the upcoming CSE Annual Review. As you will note, the plan utilizes a time out strategy both
within the classroom and the time out room, in order to insure his/her safety and the safety of others. As such,
we would ask that the use of time out procedures be discussed at the Annual Review and that a notation
regarding its use and the maximum duration of its use be included in his/her IEP.
Please feel free to contact me at _____________should you have any questions or require further
information.
Thank you for your continued efforts and continued support.
Respectfully,
Principal
2007
6219R
5 of 8
Students
_______________________________________________________________________
LETTERS TO DISTRICT DIRECTORS RELATED TO
FBAs AND BIPs REQUESTING TIME-OUT
RE:
___________________
DOB: _______________
Dear District Director,
We have contacted the above student’s parents/guardian about significant behaviors he/she
demonstrated which endangered the health and safety of your student and/or other students/ staff in
the program. These behaviors warrant redirection, support and the development of a Behavior
Intervention Plan (BIP). We have created and attached the Behavioral Intervention Plan which
indicates the use of time-out/support room as a reactive strategy.
Kindly amend your student’s IEP to include time-out/support room and the maximum amount of time
the student will need to be in time-out. If you have any other questions about this matter, please
contact me.
Thank you for your cooperation.
Sincerely,
2007
6219R
6 of 8
Students
_______________________________________________________________________
EMERGENCY INTERVENTION REPORT
Date of Emergency Intervention: ______________________
Student’s Name: _______________________
Time:________________
Date of Birth: ____________________
Setting / Location of the Incident:
____________________________________
Names of Staff Involved in the Incident:
___________________________________________________________________
________________________________
□
□
Does the student have a current BIP?
Yes
No
Description of the Incident and the Emergency Intervention Used (include injuries if any):
Duration of the Intervention Used (minutes): __________________
Name Parent/Guardian Contacted: __________________Date: ______: □ Phone (time: ______)
□ Letter
Staff Member Completing Report: _______________________
Interventions Recommended (check all that apply):
□
□
□
□
□
□
EMS and police called
District called
Contacted: _____________ Date: ____________
Physical review/examination by the nurse
Develop FBA and BIP
Modify BIP
Other: ______________________________
Reviewed by Principal/Administrator ________________________
Principal Signature_______________________________________
Filed and Maintained by the Principal
2007
6219R
7 of 8
Students
_______________________________________________________________________
LETTERS TO PARENTS RELATED TO FBAs AND BIPs REQUESTING TIME-OUT
Dear Parent/Guardian,
I tried to reach you by phone, on ______________ at _________ to inform you that your child,
___________________, demonstrated significant behaviors which endangered his/her health and
safety in the program. These behaviors warrant redirection, support and the development of a
Behavior Intervention Plan (BIP).
Please contact your child’s counselor, _____________, at 608-________, so that we may discuss
this incident and work together to create the BIP to help your child.
Sincerely,
Principal
C: District
2007
6219R
8 of 8
Students
_______________________________________________________________________
The following statement must be included in all Behavioral Intervention Plans (BIPs) from this day forward and
in BIPs that our clinical staff are modifying or will modify. Our goal is to have this statement on all BIPs by
September of 2007.
I acknowledge that I have received a copy of my child’s Behavioral Intervention Plan and I consent to use all of
the interventions outlined in the Plan.
________________________________
Parent/Guardian Signature
________________________________
Student’s Name
_________________
Date
6219F
Support Room / Time Out Log
Date
School
* - Severity Behavior Rating Scales
Initiated By
Major
Problem
Behavior
Staff
Supervising
Student
Support
Room
Time
of
Entry
Behavior in Support Room
(Describe briefly)
Time
of Exit
Behavior Upon Exiting
Support Room
Describe briefly
Severity*
Name
Rate on a scale of 1 to 10, 1 = mild, yet too severe to remain in setting; 10 = severe, or danger to self and/or others
Rate on a scale of 10, 1 = calm, 10 = highly agitated
Severity*
Upon Entry
Upon Exit
Staff Exit
with Stud
2000
6220R
1 of 3
Students
SUBJECT: ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES
The BOCES will use the following principles as guides for the development of its substance
use/abuse prevention efforts and for any disciplinary measures related to alcohol and other substances:
1)
While the BOCES can and must assume a leadership role in alcohol, tobacco, and other
substance use/abuse prevention, this goal will be accomplished only through coordinated,
collaborative efforts with parents/guardians, students, staff, and the community as a whole.
2)
Alcohol, tobacco, and other substance use/abuse is preventable and treatable.
3)
Alcohol and other substance use/abuse inhibits the BOCES from carrying out its central
mission of educating students.
4)
The behavior of the Board of Education, the administration, and all school staff should
model the behavior asked of students.
The intent of primary prevention education is to provide information to prevent the onset of
alcohol, tobacco, and other substance use by students. The components of this education shall include:
1)
A sequential K-12 prevention curriculum that provides for:
a. Helping students develop a positive self-concept.
b. Accurate and age-appropriate information about alcohol, tobacco, and other substances,
including the physical, psychological, and social consequences of their use/abuse.
c. Information about the relationship of alcohol and other substance use/abuse to other
health-compromising behaviors such as AIDS, teenage pregnancy, eating disorders,
child abuse, suicide, and dropping out of school.
d. Helping students develop appropriate life skills to resist the use of alcohol and other
substances and to promote healthy life styles.
e. Helping students identify personal risk factors for alcohol and other substance
use/abuse and the steps needed for risk reduction.
f. Helping students identify when they are under stress and how to manage or reduce
stress through non-chemical means.
2)
Educating parents and guardians to use the information and skills necessary to reinforce the
components of Board policy and administrative regulations in the home and community.
(Continued)
2000
6220R
2 of 3
Students
SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (Cont’d.)
3)
Community education about the issues of alcohol, tobacco, and other substance use/abuse
as a basis for providing a consistent message to BOCES youth.
4)
Positive alternatives to alcohol and other substance use/abuse, such as peer leadership
programs, service projects, and recreational and extra-curricular activities. Such activities
will be planned collaboratively with students, parents/guardians, community members, and
agencies.
The intent of intervention programs is to eliminate any existing use/abuse of alcohol and other
substances, and to identify and provide supportive services to kindergarten through 12th grade
students at high risk for such use/abuse. The components of such programs shall include:
1)
Providing alcohol and other substance use/abuse assessment and counseling services for
students.
2)
Developing a referral process between BOCES schools and community providers.
3)
Identifying and referring students to appropriate agencies when their use/abuse of alcohol
and/or other substances requires counseling and/or treatment.
4)
Providing services to students in or returning from treatment to assure that the school
environment supports the process of recovery initiated in the treatment program.
5)
Providing individual, group, and family counseling targeted at students at high risk for
alcohol and/or other substance use/abuse.
6)
Educating parents/guardians on when and how to access the BOCES’ intervention services.
7)
Confidentiality.
Disciplinary measures for students found to have used or to be using, in possession of, selling, or
distributing alcohol and/or other substances and for students possessing drug paraphernalia are
outlined in the BOCES’ policy on Student Rights and Responsibilities. Similar disciplinary measures
for BOCES staff are addressed in Education Law 1711 (5)(e), 2508 (5), 3020-a, and 913.
Students who are disciplined for any of these infractions will be mandated to the intervention
services established by Board policy and administrative regulations. In the case of BOCES staff,
employees will be referred to the Employee Assistance Program.
(Continued)
2000
6220R
3 of 3
Students
SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (Cont’d.)
The Board recognizes that if the administrative, instructional, and non-instructional staff are to
be responsible for implementing and modeling this Board policy and administrative regulations, they
must be trained about the components of an effective alcohol and other substance prevention program.
Staff training will be an on-going process including the following:
1)
For all staff: (a) awareness of personal risk factors for alcohol and other substance
use/abuse so that they may identify personal use/abuse problems and seek assistance, (b)
their role in implementing this Board policy and administrative regulations which includes
how to identify students who exhibit high risk behaviors or who are using/abusing alcohol
and other substances, and (c) referral of students to the appropriate services established by
this Board policy and administrative regulations.
2)
Additionally for teachers: the knowledge and skills necessary to implement the BOCES’
K-12 alcohol and other substance prevention curriculum.
3)
For intervention staff: appropriate staff training for those identified to carry out the
intervention function to assure that their assessment, individual, group, and family
counseling and referral skills support the needs of high risk, using, and abusing youth.
The Board of Education charges the Superintendent to collaborate with BOCES staff,
parents/guardians, students, community members, organizations, and agencies, including alcohol and
other substance abuse service providers, in developing the specific programs and strategies necessary
to implement this Board policy and administrative regulations.
Copies of this Board policy and administrative regulation will be distributed to and reviewed
with all BOCES staff, students, and parents/guardians annually and will be disseminated to the
community through its organizations.
The Superintendent is responsible for providing the Board with an annual review of this Board
policy and administrative regulations, the programs and strategies implementing it, and his or her
recommendations for revisions.
2000
6225R
1 of 3
Students
SUBJECT:
PROTECTION OF PUPIL RIGHTS AMENDMENT
The Protection of Pupil Rights Amendment (PPRA) applies to programs that receive funding
from the U.S. Department of Education. The PPRA requires that the BOCES and/or contractors make
instructional materials available for inspection by parents/guardians if those materials will be used in
connection with a Department of Education-funded survey, analysis, or evaluation in which their
children participate. The PPRA further requires that the BOCES and/or contractors obtain written
parental/guardian consent before unemancipated minors are required to participate in any Department
of Education-funded survey, analysis, or evaluation that reveals information enumerated below in
accordance with law. If the student is an adult or emancipated minor, prior consent of the student is
necessary before his/her participation in any survey, analysis, or evaluation governed by the PPRA.
All instructional materials including teacher’s manuals, films, tapes, or other supplementary
material which will be used in connection with any survey, analysis, or evaluation as part of any
program funded, in whole or in part, by the U.S. Department of Education shall be available for
inspection by the parents or guardians of those students who will participate in such survey, analysis
or evaluation that reveals information concerning:
1.
Political affiliations;
2.
Mental and psychological problems potentially embarrassing to the student or his/her
family;
3.
Sex behavior and attitudes;
4.
Illegal, anti-social, self-incriminating and demeaning behavior;
5.
Critical appraisals of other individuals with whom respondents have close family
relationships;
6.
Legally recognized privileged or analogous relationships, such as those of lawyers,
physicians, and ministers; or
7.
Income (other than that required by law to determine eligibility for participation in a
program or for receiving financial assistance under such program).
(Continued)
2000
6225R
2 of 3
Students
SUBJECT:
PROTECTION OF PUPIL RIGHTS AMENDMENT (Cont’d.)
Any determination concerning the applicability of the PPRA must, at a minimum, include a
review of the following factors:
1.
Whether the development and/or administration of the survey, analysis, or evaluation is
funded, in whole or in part, with federal education funds;
2.
Whether students are required to participate in the survey, analysis, or evaluation; and
3.
Whether the survey, analysis or evaluation seeks to reveal information about one or more
of the seven categories of information listed above and enumerated in law and/or
regulation.
Whether or not a given survey, analysis, or evaluation is anonymous and/or confidential is not a
determining factor under the PPRA.
Additionally, under the PPRA, whether a survey, analysis, or evaluation is “required” depends on
the facts and circumstances of a particular case.
For example, if students are told that they must participate in a survey, analysis, or evaluation,
their participation can only be characterized as “required.” Similarly, even if students are told they
need not complete all or a portion of a survey, analysis, or evaluation, but the option is presented to
them in circumstances that prohibit a free and informed choice, administration of that survey, analysis,
or evaluation will also be deemed “required.”
The Family Policy Compliance Office of the Department of Education will provide general
guidance to schools and/or contractors on a case-by-case basis as to what constitutes “voluntary”
versus “required” participation.
Furthermore, under the PPRA, the prior written consent of the parent or guardian of an
unemancipated minor must be affirmative. In other words, acquiescence by parents or guardians who
do not exercise their right to affirmatively state that their child may not participate in any given
survey, analysis, or evaluation is not sufficient under the PPRA to constitute prior written consent.
Therefore, if the PPRA applies to the survey, analysis, or evaluation, parents or guardians must
provide their prior written “active” consent in order for an unemancipated minor to participate in such
a survey, analysis, or evaluation. Passive or presumed consent by the parent or guardian will not work
under the PPRA. (Passive or presumed consent would constitute, for example, sending a letter to
parents/guardians stating that if the BOCES does not receive a response from the parent/guardian by a
certain date, the BOCES will presume that such parental/guardian consent is given.)
(Continued)
2000
6225R
3 of 3
Students
SUBJECT:
PROTECTION OF PUPIL RIGHTS AMENDMENT (Cont’d.)
The BOCES shall give parents/guardians and students effective notice of their rights under the
PPRA.
Parents/guardians or students who believe their rights under the PPRA may have been violated
may file a complaint with the Department of Education by writing the Family Policy Compliance
Office. Complaints must contain specific allegations of fact giving reasonable cause to believe that a
violation of the PPRA has occurred.
Additional information or technical assistance regarding the PPRA can be obtained by contacting
the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W.,
Washington, D.C. 20202-4605 or by calling (202) 260-3887.
Adopted: 11/15/00
2000
6230R
Students
SUBJECT: STUDENT INTERROGATIONS
Interviews of students by police authorities will be allowed only when:
1)
The officer has a warrant; or,
2)
Written or verbal permission from a parent or guardian is obtained; or,
3)
The questioning of students concerns a crime committed on school property.
Removal of students by police authorities will be allowed only when:
1)
Written permission from a parent or guardian is obtained; or,
2)
The officer has a warrant; or,
3)
The parent or guardian is present and gives consent.
In each instance, the building administrator must notify the Superintendent. In matters regarding
a school request for investigation of an incident, an administrator must be present at all times. Due
process shall be followed and parents/guardians shall be notified at any point where criminal
involvement by their child is suspected. Whenever possible, and if appropriate, the parents/guardians
will be present. The building administrator will provide a private place for all interrogations.
2000
6230R.1
Students
SUBJECT: SEARCHES BY SCHOOL PERSONNEL
It is a student’s responsibility to abide by the school’s standards of conduct. These include the
proper utilization of lockers as storage space for clothing, books and other school paraphernalia.
When principals have a reasonable suspicion that illegal objects or substances that threaten the
health or welfare of the occupants of a school are on a student’s person or in a student’s locker, they
may search the student or locker. The student may be informed of such search but his/her consent is
not necessary.
When school officials have a reasonable suspicion that contraband is secreted upon a student or
in a student’s locker, they may act upon that suspicion and conduct a search. When a locker search is
going to be conducted, the student should be informed that his/her locker is to be opened, told of the
source of the request, be permitted to telephone a parent/guardian (or other person of choice) and be
present when the locker is opened. School officials may request other persons to be present when the
locker is opened.
If the student is absent or the presence of weapons, explosives or poisonous materials is
suspected, such previous notification is not necessary.
The principal or a delegate shall be present during a search.
Any material found on the student or taken from the locker shall be labeled and preserved until
legal decision is made on its disposition. Police authorities may be summoned to the school grounds
to prevent personal injury and serious property damage or to take appropriate legal actions.
2000
6240R
Students
SUBJECT:
FIREARMS OR OTHER DANGEROUS WEAPONS
Firearms or other dangerous weapons have absolutely no place on school grounds. It is the
responsibility of all of us to protect the health and safety of all our staff and students. A person in
possession of a rifle, shotgun, knife, firearm or other dangerous weapon while in or upon the grounds
or buildings of a school, college or university without proper authorization may be guilty of a Class A
misdemeanor and will be reported to the police.
2000
6241R
1 of 2
Students
SUBJECT:
REGULATIONS REGARDING GUN-FREE SCHOOLS
In accordance with the Gun-Free Schools Act of 1994 and BOCES policy, any student found
guilty of bringing a firearm, as defined in federal law, either onto school premises or having such a
firearm in his or her possession on school premises, after a hearing by the home school district
superintendent and/or CSE has been provided under Education Law Section 3214, will be suspended
from school for a period of not less than one year, unless the Superintendent imposes a lesser penalty
on a case-by-case basis.
In addition, any student who brings a firearm, as defined in federal law, onto school property, or
has such a firearm in his/her possession on school premises, or brings such a firearm to any setting that
is under the control or supervision of the BOCES, will be referred by the Superintendent to the
appropriate agency or authority for a juvenile delinquency proceeding in accordance with Article 3 of
the Family Court Act when the student is under the age of sixteen and will be referred by the
Superintendent to the appropriate law enforcement officials when the student is sixteen years of age or
older.
To implement the terms of BOCES policy and the Gun-Free Schools Act of 1994, the following
regulations shall apply:
1)
In reviewing the one-year suspension, the Superintendent may modify the penalty based on
factors set forth in Section 100.2 of the Regulations of the Commissioner of Education and
in Commissioner’s Decisional Law. Those factors may include, but are not limited to, the
following:
a.
b.
c.
d.
The age of the student;
The student’s grade in school;
The student’s prior disciplinary record;
A decision that other forms of discipline may be more effective for this particular
student;
e. Any other extenuating circumstances.
2)
A student with a disability who is determined to have brought a firearm to school may be
placed in an interim alternative educational setting, in accordance with state law, for not
more than 45 calendar days. If the parent or guardian requests an impartial hearing, the
student must remain in the interim alternative placement until the completion of all
proceedings, unless the parent or guardian and BOCES can agree on a different placement.
(Continued)
2000
6241R
2 of 2
Students
SUBJECT:
REGULATIONS REGARDING GUN-FREE SCHOOLS (Cont’d.)
3)
A student with a disability may be given a long term suspension pursuant to the GFSA only
if a group of persons knowledgeable about the student, as defined in federal regulations
implementing the IDEA, determines that the bringing of a firearm to school was not a
manifestation of the student’s disability. Such long term suspension may only be imposed
in accordance with applicable procedural safeguards. During the period of disciplinary
exclusion from school, the student with a disability must continue to be provided a program
of appropriate educational services that is individually designed to meet his/her unique
learning needs.
4)
If it is determined that the student’s bringing of a firearm to school was a manifestation of
the student’s disability, the Superintendent must exercise his/her authority under the GunFree Schools Act to modify the long term suspension requirement, and determine that the
student may not be given a long term suspension for the behavior. The Local district’s
Committee on Special Education may review the student’s current educational placement
and initiate change in placement proceedings, if appropriate, subject to applicable
procedural safeguards.
5)
If the parent/guardian of a child with a disability disagrees with the ultimate determination
of the CSE concerning the student’s placement, in accordance with Part 200 of the
Commissioner’s Regulations the parent/guardian shall have the right to request an impartial
hearing.
6)
In addition to the obligation under the IDEA to provide educational services to students
with disabilities who are suspended pursuant to the Gun-Free Schools Act, the BOCES will
provide appropriate alternate instruction to non-disabled students of compulsory school age
during the period of the student’s suspension.
2000
6320R
1 of 4
Students
SUBJECT:
ACCESS TO STUDENT RECORDS
Parent/Guardian Access Rights
1)
The Nassau BOCES, hereinafter referred to as “the BOCES”, shall, upon request of a
parent/guardian, permit the parent/guardian to inspect, review, or copy any education record
relating to the child or children of that parent/guardian when such record is collected,
maintained, or used by the BOCES. The BOCES shall fulfill the request within 45 days after the
request is received.
2)
The right to inspect, review, or copy education records includes:
a.
The right of a parent/guardian to request of and receive from the BOCES a reasonable
explanation of information contained in the education records of the child;
b.
The right of a parent/guardian to be provided, on request, with a copy of all or part of the
education records of the child; and
c.
The right of a parent/guardian to designate a representative who will inspect, review, or
copy the records.
3)
If a parent/guardian requests copies of education records from the BOCES, the BOCES may
charge the parent/guardian a reasonable cost which will not exceed the actual expense of the
duplication. However, no cost shall be charged to a parent/guardian for inspecting and
reviewing the record or records. No cost shall be charged to a parent/guardian for the search for
or retrieval of records.
4)
A parent/guardian shall have the right to request a list of the types and the location of the child’s
educational records collected, maintained, or utilized by the BOCES.
5)
At the discretion of the BOCES and for verification and record keeping purposes only, the
BOCES may require all parents/guardians to put into writing:
a.
Their oral requests to inspect, review, copy or receive copies of education records;
b.
Their oral designations of a representative; and
c.
Their oral requests for a list of the types and location of records.
(Continued)
2000
6320R
2 of 4
Students
SUBJECT:
6)
ACCESS TO STUDENT RECORDS (Cont’d.)
Student access rights
Whenever a student has attained 18 years of age or is attending an institution of post-secondary
education, the rights accorded to and the consent required of the parent/guardian of the student
shall thereafter only be accorded to and required of the student.
Access Record
1)
The BOCES shall keep a record of parties who have obtained access to the education records of
a student. The access record shall include the name of the party, the date of access, and the
purpose for which the party was allowed to use the records.
2)
A parent/guardian shall have the right to inspect the access record for the education records of
his/her child.
3)
The BOCES shall maintain, for public inspection, a current list of the names and positions of
those employees who are authorized by the BOCES to have access to personally identifiable
information.
Maintenance of Records
1)
Officials: The BOCES shall designate an employee of the BOCES as the official who shall be
responsible for insuring that the education records confidentiality policies and procedures are
enforced and administered. This official shall:
a.
Notify parents/guardians of the policies and procedures regarding student education records
and their rights regarding access.
b.
Develop the plan for education records, including safeguards which protect the
confidentiality of personally identifiable information at the point of collection, storage,
release, and destruction.
c.
Provide inservice training to all staff in the implementation of Federal and State record
access and confidentiality policies.
d.
Maintain the current listing of employees who are authorized to have access to personally
identifiable information.
(Continued)
2000
6320R
3 of 4
Students
SUBJECT:
2)
ACCESS TO STUDENT RECORDS (Cont’d.)
Destruction
a.
The BOCES shall inform the parents/guardians of a student when personally identifiable
information in the records of the student is no longer relevant to the educational services
provided to the student.
b.
Upon the request of the parents/guardians, information no longer relevant for the provision
of educational services to the student will be destroyed. However, a written record of a
student’s grades, attendance record, class attended, grade level completed, and year
completed will be maintained.
c.
Prior to the destruction of the information referred to in paragraphs (a) and (b) of this
subsection, the agency shall send written notification to the parents/guardians which shall
inform the parents/guardians of their rights to receive a copy of the material to be
destroyed.
Release of Information
1)
Parental/Guardian consent required:
Written parental/guardian consent shall be obtained by the BOCES before education records or
personally identifiable information contained therein is released to any party unless:
2)
a.
Such release is authorized by the Family Educational Rights and Privacy Act, or its
implementing regulations;
b.
The information released is directory information. Directory information includes the
following information relating to a student: the student’s name; address; telephone number;
date and place of birth; participation in school clubs, activities, sports; weight and height of
members of athletic teams; dates of attendance; degrees and awards received; the most
recent previous educational institution or agency attended by the student; and other similar
information.
Records Hearing:
The BOCES shall, on parent/guardian request, provide the parent/guardian with an opportunity
for a hearing to challenge information in education records if the parent/guardian alleges that
such information is inaccurate, misleading, or otherwise in violation of the privacy or other
rights of the child. The hearing shall be conducted according to the following provisions:
a.
The hearing shall be held at a mutually agreed upon time and place within a reasonable
time after the BOCES receives the request for a hearing from the parent/guardian.
(Continued)
2000
6320R
4 of 4
Students
SUBJECT:
ACCESS TO STUDENT RECORDS (Cont’d.)
b.
The parent/guardian shall be notified in writing of the date, place and time of the hearing.
c.
The hearing shall be conducted by a party who does not have a direct interest in the
outcome of the hearing.
d.
The parent/guardian shall be afforded a full and fair opportunity to present evidence
relevant to the issues in subsection (2) of this section.
e.
The parent/guardian may, at the hearing, be assisted or represented by persons at his/her
expense; such persons may include legal counsel.
3)
Decision after hearing: The hearing officer shall render a written decision on the issues
presented at the hearing within a reasonable time after the conclusion of the hearing. The
decision shall be based solely upon evidence presented at the hearing and shall include a
summary of the evidence and the reasons for the decision.
4)
Decision to amend: If, as a result of the hearing, the hearing officer decides that the information
is inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, the
BOCES shall amend the education records accordingly and so inform the parent/guardian in
writing.
5)
Decision not to amend: If, as a result of the hearing, the hearing officer decides that the
information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights
of students, the BOCES shall inform the parent/guardian of his/her right to place in the education
record of the student a statement which sets forth the written comments of the parent/guardian
regarding the information in the education records or reasons for disagreeing with the decision of
the hearing officer or both written comments and reasons.
6)
a.
The statement of the parent/guardian shall be appended by the agency to the education
records so long as the record or the contested portion thereof is maintained by the BOCES.
b.
If the education records of the students or the contested portion thereof are released by the
BOCES to any party, the statement of the parent/guardian shall also be released to the
party.
Nothing in this section shall be interpreted to mean that the parent/guardian and the BOCES may
not, by mutual agreement, meet prior to either a parent/guardian request for a hearing or the
hearing itself in order to discuss the concerns of the parent/guardian regarding the accuracy or
inaccuracy of the records of the student.
6320F
REQUEST BY PARENT/GUARDIAN OR ELIGIBLE STUDENT
TO EXAMINE AND COPY RECORDS
TO: RECORDS ACCESS OFFICER
I,____________________________________________________________, hereby request that
I be allowed to review and make copies of the following records pertaining to:
[ ] myself
[ ] my son/daughter _________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Dated _____________________________
__________________________________________________________________________________
Signature of Parent/Guardian or Eligible Student
(To be kept by the Records Access Officer so as to indicate the date a particular record was requested
for the purpose of the 45-day period. If a person refuses to fill out a written request, access cannot be
denied. In those cases, the Records Access Officer should complete this form.)
6320F.1
AUTHORIZATION FOR RELEASE OF RECORDS
I, _____________________________________________________________, hereby authorize
the _________________________________________________________________ to release copies
(name of school)
of _______________________________________________________________________________
(list records)
which are part of the records of ________________________________________________________
and to furnish them to _______________________________________________________________
for the purpose of ___________________________________________________________________
____________________________________________
Signature
Sworn before me, this ________ day of ________________________ 19 _____
____________________________________________
Notary Public
(This form must be signed by the parent/guardian or eligible student prior to the release of personally
identifiable student information to a third party at the request of the parent/guardian or eligible
student.)
6320F.2
NOTICE OF COURT ORDER OR SUBPOENA
Dear Parent/Guardian or Student:
This is to
________________________________________________________
Name of BOCES
inform
you
that
received a Court Order/Subpoena requesting that the following records which are part of your
__________________________________________________________________________________
relationship
name
confidential records be presented to ____________________________________________________
name
at _______________________________________________________________________________
time and place
Please be advised that said records will be provided in accordance with the Court
Order/Subpoena.
Very truly yours,
(This letter is to be used to notify parents/guardians or eligible students of a Court Order or Subpoena
to examine and make copies of personally identifiable student records. It must be sent prior to
compliance with the Court Order or Subpoena.)
6320F.3
STATEMENT OF PURPOSE FOR VIEWING STUDENT RECORDS
I, _____________________________________________________, for myself and on behalf of
_______________________________________________________________ do hereby certify that I
will/have receive(d) copies of _________________________________________________________
(list records)
relating to _________________________________________________________________________
(student’s name)
from ____________________________________________ on _____________________________.
(name of school)
(date)
That said records were provided to me pursuant to the permission of __________________________
__________________________________________________________________________________
(name of parent/guardian or student)
(date)
for the purpose of ___________________________________________________________________
I further agree that said records will not be made available to any other organization, body or
person in any manner whatsoever without the written consent of the parents/guardians of
__________________________________________________________________________________
____________________________________________
(Signature)
Sworn to before me, this ________ day of ___________________________, 19 ________
_________________________________________
Notary Public
(This must be signed by the person authorized by a parent/guardian or eligible student to examine and
make copies of student records.)
6320F.4
NOTIFICATION TO PARENTS/GUARDIANS THAT RECORDS ARE TO BE
TRANSFERRED TO AN EDUCATIONAL INSTITUTION
Dear Parent/Guardian or Student:
This is to advise you that school records relating to you(r) ______________________________
(relationship and name)
will be transferred to ________________________________________________________________.
If you desire, you may see or be given copies of those records to be transferred. They will
be available between _______________________________ at ______________________________.
If you feel the content of those records is incorrect, you have the right to challenge them at
a hearing.
If ___________________________________________________________________________
is not contacted by _______________________________________ the BOCES will assume that you
do not want copies of those records and that you do not wish a hearing to object to their content.
Very truly yours,
6320F.5
REQUEST TO CONTEST RECORDS
I __________________________________________________________ hereby request a hearing to
challenge the contents of the school record(s) of __________________________________________.
My reason for requesting a hearing to challenge the content of these school record(s) is as follows
(check as many as apply):

The record(s) contain information that is inaccurate. Explain (be as specific as possible)
_____________________________________________________________________________
_____________________________________________________________________________

The record(s) contain information that is misleading. Explain (be as specific as possible)
_____________________________________________________________________________
_____________________________________________________________________________

The record(s) contain information that is in violation of the privacy or other rights of the student.
Explain (be as specific as possible)
_____________________________________________________________________________
_____________________________________________________________________________
It is my understanding that I will be notified within a reasonable time of my request as to the date,
time, and place of the hearing.
I also understand that I shall receive a written response by the hearing officer as to the disposition of
the hearing within a reasonable time of the hearing.
Signed ______________________________________
Date ________________________________________
2000
6430R
1 of 5
Students
SUBJECT: CHILD ABUSE
Pursuant to Board of Education Policy and Social Services Law, BOCES staff should be on the
alert for the purpose of identifying abused and maltreated children and reporting such findings as
required. For the purpose of discerning whether or not a child is abused or maltreated the following
definitions should be considered.
Definitions
An “abused child” means a child less than 18 years of age whose parent or other person legally
responsible for care, inflicts or allows to be inflicted upon such child physical injury, by other than
accidental means, which causes or creates a substantial risk of death, serious protracted disfigurement,
protracted impairment of physical or emotional health or protracted loss of impairment of the function
of any bodily organ. Child abuse also refers to the situation where the parent, or other person legally
responsible, creates or allows to be created a substantial risk of physical injury to a child, by other than
accidental means, which would be likely to cause death or serious protracted disfigurement, or
protracted impairment of physical or emotional health, or protracted loss or impairment of the function
of any bodily organ. Sex offenses against a child, as defined in the Penal Law, shall also constitute a
basis for finding that a child has been abused.
A “maltreated child” includes a child under the age of 18 defined as a neglected child under the
Family Court Act or who had serious physical injury inflicted upon him/her by other than accidental
means. In general terms, a neglected child is one whose physical, mental or emotional condition has
been impaired or is in imminent danger of becoming impaired as a result of neglect by a parent, or
other person legally responsible for his/her care, to exercise a minimum degree of care in the areas of
providing food, clothing, shelter, education, medical, dental, optometric or surgical care. Child
neglect is also indicated where there has been the unreasonable infliction of harm, or substantial risk
thereof, including the infliction of excessive corporal punishment, drug misuse or abuse, alcohol abuse
or abandonment of the child. Additionally, a child may be considered “maltreated” if a parent/legally
responsible person fails to exercise a minimum degree of care in supplying medical, dental,
optometrical or surgical care when they are financially capable of doing so or are offered financial
assistance to do so. Finally, alcohol abuse on the part of a parent/legally responsible adult will be
considered neglect or maltreatment if such conduct results in loss of control of one’s actions.
(Continued)
2000
6430R
2 of 5
Students
SUBJECT:
CHILD ABUSE (Cont’d.)
1) Persons Obligated to Report Cases of Suspected Child Abuse or Maltreatment
School officials working in the BOCES are under an obligation, pursuant to Section 413 of the
School Services Law, to report cases of suspected child abuse or maltreatment when a child who
comes before them in their official capacity is reasonably suspected to be an abused or
maltreated child, or when they have reasonable cause to suspect such abuse or maltreatment
when the parent or other legal custodian comes for them in their official capacity and states from
personal knowledge facts, which if accurate, would render the child abused or maltreated.
School officials are considered to include teachers, substitute teachers, school nurses, guidance
counselors, school social workers, school psychologists, school and district administrators,
school board members, and other school personnel referred to hold a teaching or administrative
license or certificate.
2)
Reporting Procedure
Reports of suspected child abuse, maltreatment or neglect shall be made immediately, by
telephone or by telephone facsimile machine on a form supplied by the Commissioner of Social
Services. The oral report shall be made to the Statewide Central Register of Child Abuse. The
telephone facsimile report shall be made to a special telephone facsimile number for use only by
persons mandated by law to make reports, as set forth below. (Section 415, Social Services
Law). The written report shall be made within 48 hours after the oral report to the appropriate
Local Child Protective Service on forms prescribed by and supplied by the Commissioner of
Social Services.
Oral Report to: New York State Central Register of Child Abuse and Maltreatment (1-800-3423720) and County Department of Social Services, Child Protective Services.
Written Report to: County Department of Social Services, Child Protective Services.
Telephone Facsimile Report to: Special telephone facsimile number: 1-800-635-1554.
3)
Report Requirements
Each report shall include the following information:
The name and address of the child and his/her parents/guardians or other person responsible for
his/her care, if known; the child’s age, sex and race; the nature and extent of the child’s injuries,
abuse or maltreatment, including any evidence of prior injury, abuse or maltreatment to the child
or his/her siblings; the name of the person or persons responsible for causing the injury, abuse or
maltreatment, if known; family composition; the source of the report; the person making the
report and where he/she can be reached; the actions taken by the reporting source, including the
(Continued)
2000
6430R
3 of 5
Students
SUBJECT:
CHILD ABUSE (Cont’d.)
taking of photographs and any other information which the Commissioner may, by regulation,
require or the person making the report believes might be helpful in the furtherance of the
investigation.
4)
Taking Photographs
The law allows for the photographing at public expense of the areas of trauma visible on a child
who has been abused or maltreated. All photographing should be conducted with the
authorization of the building principal who shall, to the extent practicable, do so upon
notification of the Superintendent or his/her designee. All photographs shall be sent to the Child
Protective Service at the time that the written report, referenced in paragraph "3" above, is sent
or as soon thereafter as possible.
5)
Access to School Records by the Child Protective Services
The BOCES may disclose personally identifiable information from the educational records of a
student to Child Protective Services personnel when it is necessary to protect the health or safety
of the student or other individuals. In deciding whether or not the disclosure should be made, the
seriousness of the threat to the health or safety of the student or other individuals, the need for
the information to meet the emergency and the extent to which time is of the essence should be
considered. (Family Educational Rights and Privacy Act of 1974). Mandated reporters must
comply with all requests for records made by Child Protective Services relating to the report,
including records relating to any diagnosis, prognosis or treatment, and clinical records that are
essential for a full investigation of the abuse or maltreatment allegations.
6)
Student Interviews by Child Protective Services Personnel on School Property
After carefully examining and verifying the credentials of the CPS worker prior to any interview,
the building principal may allow a Department of Social Services Child Protective Services
employee to interview, in school, any student concerning whom a report of suspected abuse or
maltreatment has been made regardless of the source of the report. A school official should be
present during the interview unless it is decided that the presence of the school official is not
essential to protect the interests of the student and that the Department of Social Services
worker’s job can best be accomplished by conducting the interview without the school official
present.
7)
Taking a Child into Protective Custody
School officials and staff members do not have the power to take a child into protective custody
under the Social Services Law or Education Law. A peace officer, police officer, law
enforcement official, agent of a duly incorporated society for the prevention of cruelty to
children or a designated employee of the County Department of Social Services may take a child
(Continued)
2000
6430R
4 of 5
Students
SUBJECT:
CHILD ABUSE (Cont’d.)
into protective custody without the consent of a parent or guardian. The school official shall
cooperate with any of the officials referenced above who produces official documentation
indicating that a student be taken into protective custody when such official has reasonable cause
to believe that return of the child to the custody of the parent or legally responsible person
presents an imminent danger to the child’s life or health. Release of a child to such official(s)
must be authorized by the Superintendent of Schools.
Obligations for Provision of Services and Procedures to Safeguard Life and Health
8)
If, during the course of an investigation of suspected child abuse, the building principal
determines that a child’s health or safety is threatened, the building principal shall immediately
contact the Superintendent who will immediately contact the Child Protective Service and police
to recommend having the child placed in protective custody pursuant to paragraph “7”, above.
9)
Confidentiality of Reports
Reports of suspected child abuse and maltreatment are confidential and may only be made
available to those individuals who are specified by law. Prior to the release of a report, the
Freedom of Information Law Records Access Officer should consult with the Superintendent of
Schools and the school attorney regarding the propriety of releasing the report even to one
specified by law as being entitled to receive the report. The Commissioner of Social Services
may intervene to prohibit the release of a report by determining that to do so would be
detrimental to the safety interests of the reporter.
10) Reporting of a Child’s Death
A post-mortem report must be made to the medical examiner or coroner in the event that a child
dies as a result of abuse or maltreatment. If such death occurs at school, the report shall be made
by the Superintendent of Schools to the appropriate medical authority. (Section 418, Social
Services Law).
11) Immunity from Liability
The law provides school officials who act in good faith in the making of a report or the taking of
photographs with immunity from liability. The immunity from liability extends to civil or
criminal liability that might otherwise result from such actions. The law establishes a
presumption of immunity from liability. (Section 419, Social Services Law).
12) Penalties for Failure to Report
Willful failure to report a suspected case of child abuse, maltreatment and neglect is a Class A
Misdemeanor. In addition, there may be civil liability for damages proximately caused by such
failure to report. (Section 420, Social Services Law).
(Continued)
2000
6430R
5 of 5
Students
SUBJECT:
CHILD ABUSE (Cont’d.)
13) Training Programs for Staff and New Hirees
The Superintendent shall establish and implement, on an ongoing basis, a training program for
all current school officials and newly hired employees regarding child abuse and the procedures
described hereinabove. In addition, the policy and regulation will be distributed to all school
officials. (Section 3209-a, Education Law).
14) Distribution of Policy and Regulations
The Superintendent shall distribute copies of the policy and regulations regarding child abuse
reporting requirements to all current employees and new employees. (Section 413, Social
Services Law).
6430R.1
PHYSICAL AND BEHAVIORAL INDICATORS OF CHILD ABUSE AND NEGLECT
The finding of any of the “Physical or Behavioral Indicators” given in this table does not inescapably imply the presence of child abuse or
neglect. Rather, these indicators represent behavioral patterns or features which are often found in abused and neglected children. The presence
of one or more of these indicators should simply alert the clinician to the possibility that abuse or neglect have occurred.
TYPE OF CA/N
PHYSICAL INDICATORS
Physical Abuse
Unexplained Bruises and Welts:
-on face, lips, mouth
-on torso, back, buttocks, thighs
-in various stages of healing
-clustered, forming regular patterns
-reflecting shape of article used to inflict
(electric cord, belt buckle)
-on several different surface areas
-regularly appear after absence, weekend or vacation
Frightened of Parents/Guardians
Unexplained Burns:
-cigar, cigarette burns, especially on soles,
palms, back or buttocks
-immersion burns (sock-like, glove-like, doughnut
shaped on buttocks or genitalia)
-patterned like electric burner, iron, etc.
-rope burns on arms, legs, neck or torso
BEHAVIORAL INDICATORS
Wary of Adult Contacts
Apprehensive When Other Children Cry
Behavioral Extremes:
aggressiveness, or
-withdrawal
Afraid to go Home
Reports Injury to Parents/Guardians
Unexplained Fractures;
-to skull, nose, facial structure
-in various stages of healing
-multiple or spiral fractures
Physical Neglect
Sexual Abuse
Emotional
Maltreatment
Unexplained Lacerations or Abrasions:
-to mouth, lips, gums, eyes
-to external genitalia
Consistent Hunger, Poor Hygiene
Begging, Stealing Food
Inappropriate Dress
Extended Stays at School (early arrival and late departure)
Consistent Lack of Supervision, Especially in
Constant Fatigue, Listlessness or Falling Asleep in Class
Dangerous Activities or Long Periods
Alcohol or Drug Abuse
Unattended Physical Problems or Medical Needs
Delinquency (e.g. thefts)
Abandonment
States There is no Caretaker
Unwilling to Change for Gym or Participate in Physical
Education Class
Difficulty in Walking or Sitting
Withdrawal, Fantasy or Infantile Behavior
Torn, Stained or Bloody Underclothing
Bizarre, Sophisticated, or Unusual Sexual Behavior or
Pain or Itching in Genital Area
Knowledge in Young Children
Bruises or Bleeding in External Genitalia, Vaginal
Poor Peer Relationships
or Anal Areas
Delinquent or Run Away
Veneral Disease, Especially in Pre-teens
Reports Sexual Assault by Caretaker
Pregnancy
Speech Disorders
Habit Disorders (Sucking, biting, rocking, etc.)
Lags in Physical Development
Conduct Disorders (Anti-social, destructive)
Failure to Thrive
Neurotic Traits (Sleep disorders, inhibition of play)
Psychoneurotic Reactions (Hysteria, obsession,
Compulsion, phobias, hypochondria)
Behavior Extremes:
-compliant, passive
-aggressive, demanding
Overly Adaptive Behavior:
-inappropriately adult,
-inappropriately infant
Development Lags (Cognitive, emotional)
Attempted Suicide
2000
6430P
1 of 2
Students
SUBJECT:
CHILD ABUSE AND NEGLECT
Reporting of Suspected Child Abuse
Responsibility
Staff Member
Action
1) Notify the school nurse if the student requires
medical attention.
2) a) Immediately report suspected abuse to
the New York State Central Register
(SCR) of Child Abuse and Maltreatment
by telephone (1-800-635-1522) to give oral
report of suspected abuse.
b) When calling SCR, give the following
information if known:
(1) Name, title and contact information for
every staff person believed to have direct
knowledge regarding the allegations in the
report;
(2) Name and address of the child and child’s
parent’s/guardian’s, their age, sex and
race;
(3) Nature and extent of child’s injuries,
abuse or maltreatment;
(4) Name of person or persons believed to be
responsible for causing injury, abuse or
maltreatment;
(5) Family composition;
(6) Name of staff member making the report
and where they can be reached;
(7) Any action taken by the reporting source;
(8) Any additional information that may be
helpful.
3) Obtain the SCR number assigned to this report
if the report was accepted.
4) Immediately notify the building principal or
his/her designee of the report of suspected
child abuse or maltreatment and provide the
SCR number.
5) Immediately complete form DSS 2221A and
send the original report to Health and Allied
Services.
2000
6430P
2 of 2
Students
SUBJECT:
CHILD ABUSE AND NEGLECT (Cont’d.)
Building Principal
Supervisor of Health and
Allied Services
1) Notify the Superintendent or his/her designee
of all incidents involving child abuse.
2) Notify the Director of the department within
which the student is enrolled.
3) Confirm with the reporter that a call to the
SCR was made by obtaining the SCR number
from the reporter.
4) The principal will gather all information from
all staff members with direct knowledge of the
incident, if they exist, and determine if a
subsequent call to the SCR should be made to
provide additional or follow-up information.
5) If the principal cannot confirm that a call was
made to the SCR and believes that there is
reasonable cause to suspect child abuse or
maltreatment then he/she must immediately
personally make a report to the SCR.
6) Ensure that form DSS 2221A has been
forwarded to Health and Allied Services.
1) Review all forms for completeness and
legibility.
2) Ensure that the report is mailed to the County
Department of Social Services within 48
hours.
3) Send a copy of the report to the
Superintendent and maintain a copy on file.
Training Programs
Each Department, which has enrolled students, is responsible for ensuring that a training program for
current staff and new employees is established and implemented. In addition, each such department
will ensure that the policy, regulation and procedures are distributed to all mandated reporters working
in those departments.
Revised: 10/9/09
(Continued)
6430F
DSS-2221-A (Rev 8/96)
Oral Report Date
REPORT OF SUSPECTED
CHILD ABUSE OR MALTREATMENT
NEW YORK STATE
 AM
 PM
Time
DEPARTMENT OF SOCIAL SERVICES
State Register No.
Local Register No.
Local Case No.
Local District/Agency
Subjects of Report
List all children in household, adults responsible for household, and alleged perpetrators.
Line
No.
Last Name
First Name
M.I.
Sex
(M, F,
Unk.)
Birthdate
or Age
Mo. Day Yr.
Ethnic
Code
(*Over)
Aliases
Susp. or
Relation
Code
(**Over)
Check ()
if Alleged
Perpetrator
1
2
3
4
5
6
7
 MORE
LIST ADDRESSES AND TELEPHONE NUMBERS
HOUSHOLD
OTHERS
(Give Line Nos.)
TELEPHONE NO.
TELEPHONE NO.
TELEPHONE NO.
Basis of Suspicions
Alleged consequences or evidence of abuse or maltreatment. Give child(ren)’s line number(s). if all children write “ALL”.
____________ DOA/Fatality
____________ Child’s Drug/Alcohol Use
____________ Educational Neglect
____________ Fractures
____________ Drug Withdrawal
____________ Emotional Neglect
____________ Subdural Hematoma, Internal Injuries ____________ Lack of Medical Care
____________ Lack of Food, Clothing, Shelter
____________ Lacerations, Bruises, Welts
____________ Malnutrition, Failure to Thrive
____________ Lack of Supervision
____________ Burns, Scalding
____________ Sexual Abuse
____________ Abandonment
____________ Excessive Corporal Punishment
____________ Other (specify) ______________________________________________________
State reasons for suspicion. Include the nature and extent of each child’s injuries, abuse or
maltreatment, any evidence of prior injuries, abuse or maltreatment to the child or his siblings
and any evidence or suspicions of “Parental” behavior contributing to the problem.
(If known, give time and date of alleged incident):
Mo.
Day
Yr.
 (AM)
Time __________  (PM)
Sources of This Report
NAME
PERSON MAKING THIS REPORT
TELEPHONE NO.
NAME
SOURCE OF THIS REPORT IF DIFFERENT
TELTPHONE NO.
ADDRESS
ADDRESS
AGENCY/INSTITUTION
AGENCY/INSTITUTION
RELATIONSHIP ( for Reporter, X for Source)
 Med. Exam./Coroner
 Physician
 Hospital Staff
 Law Enforcement
 Neighbor
 Relative
 Social Services
 Public Health
 Mental Health
 School Staff
 Other (specify) ____________________________
For Use By
Medical Diagnosis on Child
Signature of Physician Who Examined/Treated Child
TELEPHONE NO.
Physicians
X
Only
HOSPITALIZATION REQUIRED: 0  None
1  Under One Week
2  One - Two Weeks
3  Over Two Weeks
ACTIONS TAKEN OR
0  Medical Exam
2  X-Ray
4  Removal/Keeping
6  Not. Med Exam./Coroner
ABOUT TO BE TAKEN
1  Photographs
3  Hospitalization
5  Returned Home
7  Notified DA
SIGNATURE OF PERSON MAKING THIS REPORT
X
TITLE
DATE SUBMITTED
Mo
Day
Yr.
2000
6432R
1 of 2
Students
SUBJECT:
NOTIFICATION OF SEX OFFENDERS
When the BOCES receives information from local police authorities in accordance with New
York State’s Sex Offender Registration Act (“Megan’s Law”) regarding the presence of sex offenders
in our school community, it will be BOCES regulation to inform those designated staff members who
may have contact with the sex offender in the course of their BOCES responsibilities of data received
regarding such offenders. To ensure uniformity in complying with this regulation, the following
guidelines will apply:
1)
Each school principal/supervisor shall make certain designated staff members aware of the
information provided by local police authorities to the BOCES in accordance with the Sex
Offender Registration Act. Such staff members may include, but are not limited to,
teachers, office personnel, custodians, bus drivers, coaches, security personnel, and other
staff as deemed appropriate by the applicable building principal/supervisor.
2)
Such designated staff members will be allowed to view all information provided.
3)
All other BOCES employees will be notified of the availability of this information, and
requests for information received by the BOCES pursuant to “Megan’s Law” are to be
directed to the appropriate building principal/supervisor.
4)
Such information which may be disseminated to the BOCES from local law enforcement
agencies may include, at such agencies’ discretion, the offender’s zip code or exact
address, a photograph, background information including the offender’s crime of
conviction, modus of operation, type of victim targeted, and the description of special
conditions imposed on the offender to any entity with vulnerable populations related to the
nature of the offense committed by such sex offender.
5)
Each principal/supervisor shall maintain a file in his/her office that includes all information
received from local law enforcement agencies regarding the presence of such sex offenders
in the school community.
6)
If an employee believes that he/she has seen such an offender within the school building,
on school property, at school activities, on or near BOCES bus routes, or believes the
offender has come in contact with children, the employee is required to report such
sightings to his/her building principal/supervisor. The building principal/supervisor shall
then immediately inform the Superintendent who will contact local law enforcement
authorities.
(Continued)
2000
6432R
2 of 2
Students
SUBJECT:
NOTIFICATION OF SEX OFFENDERS (Cont'd.)
7)
If for some reason the building principal/supervisor is not able to immediately contact the
Superintendent, the building principal/supervisor shall be authorized to then inform the
local law enforcement agency regarding this possible sighting of such paroled/released sex
offender.
8)
Employees will not be allowed to automatically make personal copies of such information
disseminated by local police. If an employee wants a personal copy of this information,
he/she must file a written request with his/her building principal/supervisor.
9)
a. All non-school groups which regularly use BOCES facilities and have children in
attendance shall be identified by the administration, and the notification information
shall be disseminated to the adult who has been identified as the supervisor of each
such group. BOCES administration will also forward such notification information to
the Chief School Officer of each private and parochial school within the geographic
boundaries of the BOCES; or, in the alternative,
b. BOCES administration may, in their discretion, provide applicable law enforcement
officials with a list of the names and addresses of all non-school groups which regularly
use BOCES facilities and have children in attendance, and request that such law
enforcement officials disseminate to such groups the information that has been released
to the BOCES in accordance with Megan’s Law.
10) Administration shall refer all questions for further specifics concerning information on the
paroled/released sex offender to the appropriate law enforcement agency and/or parole
officer.
Dissemination of Information to the Public
In addition to the guidelines enumerated in this Regulation, all information contained within the
Sex Offender Registry that is disseminated to the BOCES pursuant to Megan’s Law may be disclosed
by the BOCES in its discretion. Records acquired by the BOCES from a source other than the
Registry are subject to the provisions of the Freedom of Information Law, and written requests for
such information are to be directed to the BOCES Records Access Officer.
2000
6440R
1 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS
The School District is committed to creating and maintaining a working and learning
environment which is free of discrimination and intimidation. Based upon the principle that every
employee and student are entitled to be treated with dignity and respect, and a recognition that sexual
harassment is a violation of law and District policy, the District strictly prohibits conduct which
constitutes sexual harassment in any form.
Anyone who is in violation of District policy and/or regulation will be subject to sanctions and/or
disciplinary action as warranted. Should the offending individual be a student, appropriate
disciplinary measures will be applied, up to and including suspension, in accordance with District
policy and regulation, the Student Code of Conduct, and applicable laws and/or regulations. Should
the offending individual be a school employee, appropriate disciplinary measures will be applied, up
to and including termination of the offender’s employment, in accordance with legal guidelines,
District policy and regulation, and the applicable collective bargaining agreement(s). Third parties
(such as school volunteers, vendors, etc.) who are found to have violated District policy and/or
accompanying regulations will be subject to appropriate sanctions as warranted and in compliance
with law.
Retaliation against any individual for filing a sexual harassment charge or making a sexual
harassment complaint is illegal and prohibited. Similarly, retaliation against any person who
participates in an investigation or proceeding and/or hearing of a sexual harassment complaint is also
prohibited. Any employee or student who retaliates against another shall be subject to disciplinary
action, as warranted, in accordance with legal guidelines and applicable contractual mandates.
The District strictly prohibits all forms of sexual harassment on school grounds and at all schoolsponsored programs, activities and events including those which take place off school premises.
Definitions/Examples of Prohibited Conduct
Sexual harassment consists of unwanted and unwelcome sexual or gender-based behavior
including but not limited to overt or implicit bribes, requests for sexual favors, and other verbal or
physical conduct or communication of a sexual nature or that is based on sexual/gender stereotypes
which has the purpose or effect of substantially or unreasonably interfering with a student’s academic
performance or participation in an educational or extracurricular activity, or creating an intimidating,
hostile or offensive learning environment; and/or effectively bars the student’s access to an
educational opportunity or benefit.
Sexual harassment does not depend on the “voluntary” nature of the behavior or activity, but
instead focuses on whether the alleged advances or behavior was unwelcome.
(Continued)
2000
6440R
2 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
Sexual harassment can originate from a person of either sex against a person of the opposite or
same sex, and from third parties such as visitors and school volunteers. Sexual harassment may occur
from student-to-student, from staff-to-student, from student-to-staff, as well as staff-to-staff.
Prohibited conduct can be verbal, non-verbal, or physical (the latter may qualify as criminal sexual
assault). Examples of such conduct include, but are not limited to, the following:
1)
Verbal abuse or ridicule, including innuendos, stories and jokes, which are of a sexual
nature and/or gender-related. This might include inappropriate sex-oriented comments on
appearance, including dress or physical features.
2)
Direct or indirect threats or bribes for unwanted sexual activity.
3)
Asking or commenting about a person’s sexual activities.
4)
Unwelcome and unwanted physical contact of a sexual nature including, but not limited to,
physical acts such as assault, impeding or blocking movement, offensive touching, or any
physical interference with normal work or movement.
5)
Displaying or distributing pornographic or other sexually explicit materials such as
magazines, pictures, internet material, cartoons, etc.
6)
The use of profanity and/or other obsenities that are sexually suggestive or degrading in
nature.
7)
Demanding sexual favors of a student, insinuating that refusal to acquiesce in such favors
will adversely affect a student’s grades, references, academic/scholastic placement, and/or
participation in extracurricular activities.
8)
Unwelcome staring, leering, or gesturing which is sexually suggestive in nature.
9)
Unwelcome and/or offensive public displays of sexual/physical affection.
10) Clothing that reflects sexually obscene and/or sexually explicit messages, slogans, or
pictures.
11) Any other unwelcome and unwanted sexually oriented and/or gender-based behavior which
is sexually demeaning, belittling, intimidating, or perpetrates sexual stereotypes and
attitudes.
Behavior shall be considered unwelcome and unwanted if the student did not initiate, request or
invite such conduct or communication and/or regarded such conduct or communication as undesirable
or offensive.
(Continued)
2000
6440R
3 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
Authority and Responsibility
It is the responsibility of all School District employees and students to ensure that their behavior
and environment are maintained free of sexual harassment. Furthermore, each administrator and
supervisor has the responsibility to maintain a non-threatening environment which includes discussing
the District’s policy and regulation pertaining to sexual harassment with all employees and students,
and assuring students and staff that they are not required to endure insulting, degrading or exploitative
sexual treatment.
All complaints of sexual harassment, whether written or verbal, formal or informal, will be
thoroughly investigated to determine whether the totality of the alleged behavior and circumstances
may constitute sexual harassment. It is recommended that any employee and/or student who believes
he/she has been subjected to sexual harassment, or has reason to know of and/or witnesses any
incident of sexual harassment, submit a written complaint; however, complaints may be filed verbally
and the absence of a written complaint does not negate the District’s responsibility to investigate such
allegations as thoroughly as possible. School officials are required to provide a written report of
investigation findings and any action taken to resolve the complaint within time frames as established
by the District.
Any student who believes he or she has been subjected to sexual harassment in the school
environment, as well as any other person who is aware of and/or who has knowledge of or witnesses
any possible occurrence of sexual harassment, shall promptly report such occurrence; the report is to
be directed to or forwarded to the District’s designated complaint officer(s) or as otherwise indicated
in this regulation. If the individual is in doubt as to the “seriousness” of the incident and/or whether
such behavior constitutes sexual harassment, he/she is still encouraged to immediately report such
conduct for resolution. If the complaint officer is the alleged offender, the report shall be directed to
the next level of supervisory authority as indicated below. Allegations of sexual harassment may be
reported through informal and/or formal complaint procedures; and utilization of the District’s
grievance guidelines does not preclude a student from pursuing other avenues of legal recourse
including the right to register complaints with the U.S. Department of Education’s Office for Civil
Rights. These regulations are further not to be construed as to limit the right of any individual to file a
lawsuit in either federal or state court.
If there is some reason why a student cannot make a report to the designated complaint officer,
the student may report the matter to the next level of supervisory authority or building administrator as
appropriate. However, if the student reports such occurrence to any other school employee, the
student shall be informed of the employee’s obligation to report the complaint to administration. The
administrator who is made aware of the occurrence of possible sexual harassment, whether or not a
complaint has been filed, is required to promptly report the incident(s) to the Superintendent and/or
designated complaint officer as appropriate.
(Continued)
2000
6440R
4 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
Complaints of sexual harassment will be investigated thoroughly, promptly and impartially in
accordance with applicable law and regulations as well as any applicable collective bargaining
agreement(s).
The Superintendent is to be informed as soon as possible regarding all complaints and/or reports
regarding sexual harassment, and the status of any investigations.
Reporting of Complaints by Students: General Guidelines
Any student who believes that he or she has been subjected to sexual harassment or who is made
aware of and/or witnesses any possible occurrence of sexual harassment shall report such complaint as
soon as possible after the alleged incident occurs in order to help the District effectively and promptly
investigate and resolve the complaint. In order to assist in the investigation, victims and/or witnesses
should document the harassment as soon as it occurs, providing as much detail as possible including,
but not limited to, the following:
1)
The name, address and telephone number of the complainant.
2)
The name and/or description of the alleged offender or offenders.
3)
The specific nature of the alleged harassment including the complainant’s explanation of
why he/she believes it to be harassment.
4)
A thorough and detailed account of the actions and/or dialogue which occurred between the
alleged harasser and the complainant. This account should include the frequency of the
conduct, the date, time, location of the incident, and the complainant’s actions and
responses during the incident(s).
5)
The names of witnesses or of persons who have knowledge of the incident, including the
names of persons with whom the complainant discussed the incident, and the time and date
of this discussion.
6)
Written material, documents, or other evidence related to the incident.
In investigating the complaint, the designated complaint officer will meet separately with the
complainant and the alleged harasser, and will follow applicable law and regulations as well as any
applicable collective bargaining agreement(s).
(Continued)
2000
6440R
5 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
All parties will be assured that complaints and discussions will remain as confidential as
possible, and will be disclosed only on a “need to know” basis in order to effectively investigate the
complaint and/or as mandated by law or court order. However, a written record of the investigation
and any action taken will be established. Additionally, parents of students subjected to possible sexual
harassment and/or students filing a sexual harassment complaint, as well as parents of accused
students, may be notified by the appropriate administrator of such occurrence and/or allegations as
warranted and in accordance with legal guidelines. If the accused student has been identified as
having a disability (or is suspected of having a disability) pursuant to Section 504/Individuals with
Disabilities Education Act, a student referral shall be made to the Section 504 Team/Committee on
Special Education for evaluation/assessment and/or a manifestation determination, as may be
applicable in accordance with state and federal law and regulations, to determine whether the student’s
conduct is caused or affected by his/her disability.
The complainant, the alleged harasser and any witnesses will be directed to refrain from talking
about the investigation while it is pending.
The designated complaint official will begin investigating the allegations of sexual harassment
no later than three (3) working days following receipt of the complaint; and will report the findings of
the investigation to the Superintendent no later than twenty (20) working days following receipt of the
complaint. In the case of extenuating circumstances, the complaint officer will file a status report with
the Superintendent/designee if it becomes necessary to extend the timeline for completion of the
investigation.
During the course of the investigation and thereafter, the complaint officer will instruct the
alleged harasser to have no contact or communication regarding the complaint with the victim and/or
any witnesses; and that retaliation, whether direct or indirect, against the victim and/or witnesses is
prohibited and may be subject to disciplinary action. Similarly, the complaint officer will instruct the
victim and/or witnesses to refrain from contacting or communicating with the alleged harasser
regarding the complaint. The complaint officer will ask the victim what specific action the victim
wants taken by the District in order to satisfactorily resolve the complaint.
If the complainant attempts to withdraw a complaint, the complaint officer will determine that
the withdrawal is not caused by retaliation and then document the complainant’s reasons and ask the
complainant to sign the documentation. A copy of all written material pertaining to the
case/investigation will be retained in a separate confidential file.
(Continued)
2000
6440R
6 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
Step 1 – Informal Complaints
A student who believes that he/she has been subjected to sexual harassment or anyone who is
aware of or who has knowledge of or witnesses an occurrence of sexual harassment may file an
informal complaint, whether verbal or written, by requesting a meeting between himself/herself and
the complaint officer (or by reporting such occurrence as otherwise indicated in this regulation) in
order to discuss the allegations and further appropriate actions, if any. The complaint officer will next
discuss the complaint with the alleged offender; if the alleged offender is a District employee, the
investigation will be in accordance with any applicable collective bargaining agreement. All
complaints, whether formal or informal, concerning allegations of sexual harassment are to be
reported immediately to the building principal* and Superintendent for his/her information; and the
complaint officer will keep the building principal and Superintendent informed throughout all stages
of the investigation. The principal and Superintendent will be kept informed of the complainant’s
and/or accused’s response and recommended course of action, if any.
If the initial investigation results in a finding that sexual harassment did occur, the complaint
officer will notify the building principal and Superintendent of his/her recommendations. If the
Superintendent concurs with the report of the complaint officer, the Superintendent will then take
prompt disciplinary action in accordance with the terms of District policy and regulations, federal and
state law and regulations, and/or the applicable collective bargaining agreement. The complaint
officer will notify the complainant and the accused, in person and in writing, as to the finding and/or
course of action within twenty (20) working days following receipt of the complaint.
If the complainant is satisfied with the report of the complaint officer, the complainant will so
indicate in writing. If not satisfied with the complaint officer’s report, the complainant and/or the
accused may proceed to file a formal complaint.
Informal complaint procedures will generally take place at the building level and involve
resolution steps short of a comprehensive investigation and/or formal hearing. For example, in
attempting to resolve a complaint informally, the complaint officer may interview the alleged harasser,
inform the alleged harasser of the complaint, question the harasser about the alleged incidents, and
review the District’s policy and regulations regarding sexual harassment. The complaint officer will
inform the alleged harasser that he or she must immediately stop any offensive conduct or face
appropriate disciplinary action. The complaint officer will follow the provisions of any applicable
collective bargaining agreement(s) throughout the course of such investigation(s).
(Continued)
*If the building principal is the alleged offender, then the complaint officer shall designate another
school official who will take the place of the building principal in all applicable phases of the
complaint process.
2000
6440R
7 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
Some types of informal actions which may be instituted if agreeable to the victim include the
following:
1)
Conducting a workshop on the recognition and prevention of sexual harassment for the
building or department.
2)
Speaking to the alleged offender.
3)
Separating the parties, if possible and appropriate.
Mediation
Where appropriate, the designated complaint officer may suggest mediation as an alternative
means of resolving the complaint. The use of mediation is not intended to replace but, rather, is a
supplement to utilization of the District’s informal/formal complaint procedures. If mediation is
requested and agreed to by the victim and the accused, the District will use qualified mediators as
provided by an outside agency to help resolve the complaint.
Step 2 – Formal Complaint
A student may file a formal complaint of sexual harassment as an initial step or as a result of an
unsatisfactory resolution of an informal complaint. The formal complaint should include all
applicable information as indicated in this regulation as well as any other pertinent information which
may be helpful in the course of the investigation.
As noted above, the complainant, the alleged harasser and any witnesses will be directed to
refrain from talking about the investigation while it is pending. Disclosure of information will be on a
“need to know” basis.
The formal complaint will be filed with the designated complaint officer who will submit a copy
of the complaint to the building principal and Superintendent of Schools. The complaint officer will,
in accordance with federal or state laws and regulations and any applicable collective bargaining
agreement(s), conduct a prompt and thorough investigation no later than three (3) working days
following receipt of the complaint.
If the formal investigation results in a finding that sexual harassment did occur, the complaint
officer will notify the building principal and Superintendent of his/her recommendations. If the
Superintendent concurs with the report of the complaint officer, the Superintendent will then take
prompt disciplinary action in accordance with the terms of District policy and regulations, federal and
state law and regulations, and/or the applicable collective bargaining agreement. The complainant
officer will notify the complainant and the accused, in person and in writing, as to the finding and/or
course of action within twenty (20) working days following receipt of the formal complaint.
(Continued)
2000
6440R
8 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
If the complainant is satisfied with the report of the complaint officer, the complainant will so
indicate in writing. If not satisfied with the complaint officer’s report, the complainant and/or the
accused may appeal the determination to the Superintendent of Schools. The appeal should be in
writing and submitted no later than ten (10) working days following receipt of the complaint officer’s
decision.
Step 3 – Appeal to the Superintendent of Schools
All formal complaints, if not satisfactorily resolved at the initial stage of investigation, may be
appealed by any party to the Superintendent of Schools.
If the Superintendent of Schools issues a finding that no sexual harassment has occurred, the
complainant, if not satisfied with this resolution, may appeal the decision to the Board of Education
within ten (10) working days following receipt of the report. If the complainant is satisfied with the
Superintendent’s finding, the complainant will so indicate in writing.
Should the Superintendent determine that corrective action is necessary, the Superintendent will
follow all applicable law and regulations, District policy and guidelines, and appropriate collective
bargaining agreements in the resolution of the complaint. If the accused is not satisfied with this
resolution; he/she may appeal the decision to the Board of Education within ten (10) working days
following receipt of the report.
The complainant and the accused will receive a copy of any and all reports issued by the
Superintendent pertaining to the investigation/outcome of the formal complaint within thirty (30)
working days following receipt of the complaint. If additional time is necessary to either complete the
investigation or institute disciplinary/remedial action, the Superintendent will provide all parties and
the Board of Education with a written status report requesting additional time to complete the
investigation.
Step 4 – Appeal to the Board of Education
In the event that a complainant and/or accused files an appeal with the Board of Education
following an investigation by the Superintendent of Schools, such appeal must be submitted within ten
(10) working days of receipt of the Superintendent’s report. The Board of Education will conduct a
hearing and issue a written response to the complainant and the accused following completion of the
hearing within thirty (30) days of receipt of the complaint. If additional time is needed, a written
status report shall be submitted to all parties, indicating the need for additional time.
(Continued)
2000
6440R
9 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
Prohibition of Retaliation
Regardless of the stage of the investigation, the victim will be instructed by the complaint officer
to report immediately if the offensive behavior occurs again and/or if the alleged harasser retaliates
against him/her. Any witnesses who cooperated in the investigation of the complaint will be similarly
instructed to report to the complaint officer immediately as to any retaliatory action(s). Additionally,
the designated complaint officer will make follow-up inquiries to ensure that harassment has not
resumed and that no reprisals or retaliatory behavior has occurred to those involved in the
investigation. Any act of retaliation is prohibited and subject to appropriate disciplinary action by the
District.
Discipline/Penalties for Non-District Employees
Vendors/contractors and other individuals who do business with the District, who have been
found to violate the terms of the sexual harassment policy and/or regulation by engaging in prohibited
conduct, will be subject to appropriate sanctions up to and including loss of District business. School
volunteers who are found to have violated District policy and regulation may face loss of volunteer
status. The application of such disciplinary measures by the District does not preclude the appropriate
filing of civil and/or criminal charges as may be warranted.
Knowingly False Accusations
Employees and/or students who knowingly make false accusations against another individual as
to allegations of sexual harassment may also face appropriate disciplinary action.
District Responsibility/Training
Regardless of whether a complaint has been filed, if the District knows of the occurrence or the
possible occurrence of any sexual harassment, the District will require a prompt and thorough
investigation by appropriate personnel.
Principals in each school building and/or program supervisors will be responsible for informing
students and staff on a yearly basis of District policy and regulations regarding the prohibition of
sexual harassment, including the procedures established for the investigation and resolution of sexual
harassment complaints, the general legal issues pertaining to sexual harassment, and the rights and
responsibilities of employees and students.
Those administrators and/or supervisors who have specific responsibilities for the investigation
and resolution of sexual harassment complaints will receive specialized training on conducting such
investigations and application to applicable laws and collective bargaining agreements.
(Continued)
2000
6440R
10 of 10
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont’d.)
Dissemination of District Policy/Regulation and Evaluation
A copy of District policy and regulations pertaining to prohibition of sexual harassment will be
available upon request. A copy of District policy and regulations may be posted in various locations
throughout each school building. Additionally, the District’s policy and regulations will be published
in appropriate school publications such as teacher/employee handbooks, student handbooks, and/or
school calendars.
The Superintendent of Schools, or his/her designee(s), has a responsibility to review District
policy and regulations to ensure continued effectiveness and compliance with applicable law. The
Superintendent will recommend revisions as may be warranted to the Board of Education.
2000
6452R
1 of 8
Students
SUBJECT:
GUIDELINES FOR ADMINISTRATION OF MEDICATION IN SCHOOLS
Glossary
1)
Licensed Practical Nurse
An individual licensed pursuant to Article 139 of the Education Law (“The Nurse Practice Act”)
performing tasks and responsibilities within the framework of case finding, health teaching, health
counseling and the provision of supportive and restorative care under the direction of a registered
professional nurse or licensed physician, dentist or other licensed health care provider.
2)
Licensed Prescriber
Health care professionals who have authority to prescribe medications in their practice including
physicians, dentists, podiatrists, nurse practitioners, physician assistants or specialist assistants, and
optometrists.
3)
Medication
As used in these guidelines will refer to both prescription and nonprescription drugs.
4)
Nonprescriptions Drugs
Medications which may be obtained over the counter without a prescription. These medications
are sometimes referred to as over-the-counter (OTC) drugs and include, but are not limited to, oral,
inhalation, and topical forms.
5)
Prescription Drugs
Drugs requiring a written order for dispensing signed by a licensed prescriber.
6)
PRN
As needed.
7)
Route of Administration
Route through the body whereby a medication is administered including oral, subcutaneous,
intramuscular, intravenous, inhalant.
(Continued)
2000
6452R
2 of 8
Students
SUBJECT:
8)
GUIDELINES FOR ADMINISTRATION OF MEDICATION IN SCHOOLS
(Cont'd.)
School Nursing Personnel
Registered professional nurses licensed pursuant to Article 139 of the Education Law including
school nurses, school nurse practitioners, or other specialty nurse practitioners.
9)
Self-directed
An individual who is capable and competent to understand a personal care procedure, can
correctly administer it to himself/herself each time it is required, has the ability to make choices about
the activity, understands the impact of these choices, and assumes responsibility for the results of the
choices. A self-directed individual may also include an individual who knows the correct procedure or
method of administration but is unable to physically self-administer the medication.
Procedures
A program for the administration of medication to students in school must be managed and
supervised by school nursing personnel.
1)
Only those medications which are necessary to maintain the student in school and which
must be given during school hours should be administered. Any student who is required to
take medication during the regular school day or while participating in school-sponsored
activities (e.g., field trips, athletics) should comply with all procedures.
2)
Any prescribed medication which requires administration through a subcutaneous,
intramuscular, intravenous or rectal route or prescribed medications being administered
through pumps, tubes or nebulizers or oral, topical or inhalant medication needed by nonself-directed students must be given by school nursing personnel or licensed practical
nurses under the direction of school nursing personnel. Administration of such prescribed
medications may not be performed by unlicensed persons.
3)
Unlicensed persons in the school setting following assignment and in conjunction with
approval by school nursing personnel may assist self-directed students with the taking of
their own oral, topical and inhalant medication. School nursing personnel should assure
that the unlicensed person receives the training and supervision needed to perform these
tasks in a safe and effective manner.
(Continued)
2000
6452R
3 of 8
Students
SUBJECT:
GUIDELINES FOR ADMINISTRATION OF MEDICATIONS IN SCHOOLS
(Cont'd.)
A Written Order From a Licensed Prescriber Is Required
All medications, including nonprescription drugs, given in school shall be prescribed by a
licensed prescriber on an individual basis as determined by the student’s health status.
1)
Written order for prescription and nonprescription medications should minimally include:
Student’s name and date of birth
Diagnosis
Name of medication
Dosage and route of administration
Self-administration orders -- if indicated
Frequency and time of administration
For prn (as necessary) medications -- conditions under which medication should be
administered.
h. Date written
i. Prescriber’s name, title, and signature
j. Prescriber’s phone number.
a.
b.
c.
d.
e.
f.
g.
2)
Special considerations
a. Medication orders must be renewed annually or when there is a change in medication
or dosage.
b. The pharmacy label does not constitute a written order and cannot be used in lieu of a
written order from a licensed prescriber.
c. When a properly labeled medication comes to the health office accompanied by a
written request from the parent/guardian for administration of the medication, but
without a written order from a licensed prescriber, the following procedure should be
followed:
(1) Contact parent/guardian regarding need for written order from a licensed
prescriber.
(2) Contact licensed prescriber to obtain verbal permission to administer medication.
(3) Request fax or written orders to be received within 48 hours.
(4) Contact parent/guardian and discontinue medication if written orders are not
received in 48 hours.
(5) Document above steps.
(Continued)
2000
6452R
4 of 8
Students
SUBJECT:
GUIDELINES FOR ADMINISTRATION OF MEDICATION IN SCHOOLS
(Cont'd.)
d. A school physician may authorize through a written and signed protocol the
administration of certain over-the-counter medications to relieve minor discomfort in
certain specific situations upon parent permission.
A written statement from the parent or guardian requesting administration of the
medication in school as ordered by the licensed prescriber is required.
The parent or guardian must assume responsibility to have the medication delivered
directly to the health office in a properly labeled original container.
1)
Prescription medications
The pharmacy label must display:
a.
b.
c.
d.
e.
f.
g.
Student name
Name and phone number of pharmacy
Licensed prescriber's name
Date and number of refills
Name of medication/dosage
Frequency of administration
Route of administration and/or other directions.
2)
Over-the-counter medications must be in the original manufacturer's container/package
with the student's name affixed to the container. The same applies to drug samples.
3)
For certain medications, especially controlled substances, the school nurse might find it
advantageous to count the medication upon receipt from the parent/guardian and
periodically thereafter. This is not a legal requirement but constitutes a sound practice
when handling controlled substances.
4)
Medications should not be transported daily to and from school. Parents/guardians should
be advised to ask the pharmacist for two containers -- one to remain at home and one at
school.
Medication is to be stored in a locked cabinet or separate locked drawer in the health office.
Medication requiring refrigeration should be refrigerated in a secure area.
All students requiring medication during school hours should receive their medication in the
health office except in those instances where students are allowed to carry their own medication and
self-administer.
(Continued)
2000
6452R
5 of 8
Students
SUBJECT:
GUIDELINES FOR ADMINISTRATION OF MEDICATION IN SCHOOLS
(Cont'd.)
Carry and Self-Administer Medication
School nursing personnel may receive a request to permit a student to carry and self-administer
his/her own medication. Under certain conditions this may be allowed. Such decisions should be
made on an individual basis. The criteria for determining when a student can self-administer
medication are:
1)
Severity of health care problems, particularly asthmatic or allergic conditions.
2)
Prescriber's order directing that the student be allowed to carry his/her medication and selfadminister.
3)
Parent/guardian statement requesting compliance with prescriber's order.
4)
Student has been instructed in the procedure of self-administration and can assume
responsibility for carrying properly labeled medication in original container on his or her
person or keeping in school or physical education locker.
5)
School nursing assessment that student is self-directed to carry and self-administer his/her
medication properly.
6)
Parent/guardian contact made to clarify parental/guardian responsibility regarding the
monitoring of the child on an ongoing/daily basis to insure that the child is carrying and
taking the medication as ordered. This contact should be documented.
Any student self-administering medication without proper authorization should be counseled by
the school nursing personnel. In addition, the parents/guardians should be notified. In some instances
school administration should also be informed. Periodic reevaluation of the effectiveness of procedure
should be instituted.
Emergency Medication
The administration of emergency medication (injectable and/or oral) to a student for extreme
hypersensitivity may be performed by any school staff member responding to the emergency. Such a
response would fall under the "Good Samaritan Act" for rendering emergency care during a life
threatening situation.
(Continued)
2000
6452R
6 of 8
Students
SUBJECT:
GUIDELINES FOR ADMINISTRATION OF MEDICATION IN SCHOOLS
(Cont'd.)
Responsibilities of School Nursing Personnel
1)
General
a. Facilitate policies and procedures regarding the administration of medication in
schools.
b. Ensure proper and appropriate techniques for the administration of medication in
schools.
c. Provide and/or document adequate in-service education for unlicensed persons assisting
students with self-medication.
d. Maintain adequate and secure storage of all medications.
e. Document or assure documentation by other licensed or unlicensed persons for each
dose of medication given or taken on a daily log and periodically summarize in each
student's cumulative health record.
f. Perform intermittent evaluation of the practices and procedures related to the
administration of medications and modify as needed.
2)
Specific for each student
a. Inform appropriate school staff of potential benefits and side effects of student's
medication if indicated.
b. Observe and evaluate the student's health status and response to medication, informing
parents/guardians or prescriber as deemed necessary.
c. Educate the student regarding the importance of medication and encourage the student's
self-directed involvement in the process including coming to the health office on time
and receiving or taking medications. If a student forgets, it is recommended that the
school nurse call for the student to ensure that medication is not omitted.
Parents/guardians should be advised if their child is not fully participating in the
established school procedure.
(Continued)
2000
6452R
7 of 8
Students
SUBJECT:
GUIDELINES FOR ADMINISTRATION OF MEDICATION IN SCHOOLS
(Cont'd.)
Procedures for Taking Oral, Topical or Inhalant Medications Off School Grounds or After
School Hours While Participating in a School-Sponsored Activity
The school nursing personnel should assure:
1)
Oversight of self-administration to
a. Student who is self-directed;
b. Voluntary staff member who has been appropriately instructed by the school nursing
personnel to assist self-directed student. (Note: Consistent with good practice, the
employee's willingness to perform the task should be considered in making the
assignment.)
2)
Preparation of medication
When oral medication is to be given off school grounds or after school hours, it should be
placed in a single dose medication envelope by school nursing personnel and properly
labeled with:
a.
b.
c.
d.
e.
Student's name
Name of medication and dosage
Date and time to be given
Special instructions
Possible side effects.
Administration of oral, topical or inhalant medications to non-self-directed students or
injectable medications must remain the responsibility of the school nurse, licensed practical
nurse, physician, or parent/guardian, except for Epi Pen type injectables which are premeasured and self-inject in emergency situations.
Disposal of Medications
If a medication regimen is changed or discontinued, and/or at the end of each school year, the
medication must be returned to the parent/guardian or disposed of. Parents/guardians should be
notified of options such as:
1)
Disposal of medication by flushing in presence of witness;
2)
Parent/guardian or responsible designee picking up medication from health office; or
3)
Medication being mailed to parent/guardian.
(Continued)
2000
6452R
8 of 8
Students
SUBJECT:
GUIDELINES FOR ADMINISTRATION OF MEDICATION IN SCHOOLS
(Cont'd.)
Disposal of Needles and Syringes
Needles and syringes should be disposed of in a manner consistent with the following
guidelines:
1)
Needles should not be recapped and should not be purposely bent or broken.
2)
Disposable syringes and needles (and other sharp items) should be placed in approved
sharps’ containers and labeled “BIOHAZARD.”
3)
Arrangements should be made with custodial staff or other agent to dispose of containers at
periodic intervals according to established procedures of the school regarding regulated
medical waste.
Record Keeping
School nursing personnel should maintain accurate records of the medication administered, any
special circumstances related to the procedure, and student's reactions/responses.
The following procedure for record keeping is recommended:
1)
2)
3)
4)
5)
Retain the written order from the prescriber.
Retain the parent/guardian request letter.
Retain pertinent information about medication on cumulative health record.
Maintain an individual daily medication record for each student taking medication during
time frame medication is being given.
Periodically summarize daily medication record on cumulative health record.
Student and Parent/Guardian Education
School nursing personnel can avoid many communication problems by widely circulating the
requirements for administration of medication in school. Suggestions for publicizing the requirements
for administration of medication in school include:
1)
2)
3)
4)
5)
6)
Student-parent handbook
School publications
Local newspapers
Insert with report cards
Mailing to physicians
Individual parent or guardian/student counseling.
6452F
SAMPLE AUTHORIZATION FORM
PARENT AND PRESCRIBER’S AUTHORIZATION FOR ADMINISTRATION OF
MEDICATION IN SCHOOL
AUTHORIZATION FOR ADMINISTRATION OF MEDICATION
A. To be completed by the parent or guardian:
I request that my child _____________________________________ grade ________ receive the
medication as prescribed below by our licensed health care prescriber. The medication is to be
furnished by me in the properly labeled original container from the pharmacy. I understand that
the school nurse, or other assigned person, will administer the medication.
Signature (Parent or Guardian) _____________________________________________________
Address: ______________________________________________________________________
Telephone: Home ___________________ Work ________________ Date __________________
B. To be completed by the licensed health care prescriber:
I request that my patient, as listed below, receive the following medication:
Name of Student: ________________________________ Date of Birth: ___________________
Diagnosis: _____________________________________________________________________
Name of Medication: ____________________________________________________________
Prescribed Dosage, Frequency and Route of Administration:
______________________________________________________________________________
Time to Be Taken During School Hours:
____________________________________________
Duration of Treatment: ___________________________________________________________
Possible Side Effects and Adverse Reactions (if any): ___________________________________
______________________________________________________________________________
Other Recommendation __________________________________________________________
______________________________________________________________________________
Name of Licensed Prescriber and Title (please print): ___________________________________
Prescriber’s
Signature: ________________________________________ Date: ________________________
Address: _________________________________________ Phone: _______________________
6452F.1
DAILY MEDICATION LOG
Name __________________________________ Grade _________ School _____________________
Medication and Dosage ______________________________________________________________
Frequency and Time _______________ Date Begun ________________ Date to End ____________
Prescriber’s Name ______________________________________ Telephone Number ____________
Parent’s Name _________________________________________ Telephone Number ____________
DATE
TIME
DOSAGE
SIGNATURE
DATE
TIME
DOSAGE
SIGNATURE
6452F.2
SELF-MEDICATION RELEASE FORM
Date: _________________________________
Child’s Name: _____________________________________________________________________
has been instructed in the proper use of the following medication procedures: ___________________
__________________________________________________________________________________
We (Physician’s signature) __________________________________________________________
and (Parent or Guardian’s signature) _________________________________________________
request that (Child’s name) __________________________________________ be permitted to carry
the medication on his/her person or to keep same in his/her locker or physical education locker, as we
consider him/her responsible. He/she has been instructed in and understands the purpose and
appropriate method and frequency or use.
Note:
This form must be completed in addition to the routine BOCES medication form for those
students who request permission to carry their own medication on campus or keep this
medication in a school or physical education locker.
6452F.3
BOARD OF COOPERATIVE EDUCAITONAL SERVICES OF NASSAU COUNTY
OCCUPATIONAL AND PHYSICAL THERAPY REFERRAL
(To be completed by student’s physician)
STUDENT’S NAME _____________________________ DOB _______________ DATE_______
PROGRAM ________________________________________________________________________
DIAGNOSIS _______________________________________________________________________
RECOMMENDATIONS _____________________________________________________________
__________________________________________________________________________________
PRECAUTIONS ____________________________________________________________________
__________________________________________________________________________________
ANY HISTORY OR SEIZURE ACTIVITY
_____YES
_____NO
PHYSICIAN’S SIGNATURE _________________________________________________________
PHYSICIAN’S LICENSE# ___________________________________________________________
PHYICIAN’S NAME (PRINT) ________________________________________________________
PHYSICIAN’S ADDRESS____________________________________________________________
PHYSICIAN’S TELEPHONE# ________________________________________________________
(An occupational therapist cannot initiate services until this form is completed and signed by a
physician. Completed form should be returned to the school administrator.)
*PLEASE COMPLETE IN FULL
2092
2000
6461R
1 of 2
Students
SUBJECT:
STUDENT DISCRIMINATION GRIEVANCE GUIDELINES
General Statement
The Nassau BOCES does not discriminate on the basis of sex, age, marital status, political
affiliation, race, creed or religion, color, national origin, or disability in the employment and
educational opportunities it offers, including vocational educational opportunities as required by Title
IX of the 1972 Educational Amendments and Section 504 of the Rehabilitation Act of 1973.
Guidelines
Students of the Nassau BOCES are protected from discrimination in the following areas:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
Admission to schools
Access to enrollment in courses
Access to and use of school facilities
Counseling and guidance materials, tests, and practices
Vocational education
Physical education
Competitive athletics
Graduation requirements
Student rules, regulations, and benefits
Treatment as a married and/or pregnant student
Financial assistance
Health services
School-sponsored extracurricular activities
Most other aids, benefits, or services
Any student suspecting discrimination on the basis of sex, age, marital status, political
affiliation, race, creed or religion, color, national origin, or disability may make a claim of rights
denied. This claim or grievance is filed with the Superintendent/designee, who will assist with the
grievance process if necessary. The following information should be included on the grievance.
1)
The exact nature of the grievance - actions, policies, or practices believed to be
discriminatory and any person believed to be responsible.
2)
The date, time and place of the alleged discriminatory action(s).
3)
The names of witnesses or persons who have knowledge about the grievance.
4)
Any available written documentation or evidence that is relevant to the grievance.
5)
The actions that could be taken to correct the grievance.
(Continued)
2000
6461R
2 of 2
Students
SUBJECT:
STUDENT DISCRIMINATION GRIEVANCE GUIDELINES (Cont’d.)
The Superintendent/designee shall cause a review of the grievance to be conducted (including
necessary meetings and interviews) and a written response mailed to the complainant within ten school
days after receipt of the complaint.
If it is agreed that discrimination occurred, corrective action will be taken to restore denied rights.
If there is not agreement, a written appeal may be submitted to the Board of Education indicating
the reasons for disagreement. The Board of Education shall consider the appeal at its next regularly
scheduled meeting following receipt of the appeal.
A complaint of illegal discrimination may also be filed with the Federal Office for Civil Rights,
United States Department of Education.
2000
7000
Nassau BOCES
SECTION VI
INSTRUCTION
NUMBER
SAFETY CONDITIONS AND PROGRAMS
Regulation: Eye Safety Devices ..................................................................................... 7110R
FIRE DRILLS, BOMB THREATS AND BUS EMERGENCY DRILLS
Regulation: School Building Fire Emergencies ............................................................. 7111R
Regulation: Bomb Threat Response Guidelines ............................................................. 7111R.1
Regulation: Bus Emergency Drills: Emergency Guidelines .......................................... 7111R.2
Form: Bomb Threat Report Form ................................................................................... 7111F
Form: New York State School Bomb Threat Report Data Sheet .................................... 7111F.1
PREVENTION INSTRUCTION
Regulation: Human Immunodeficiency Virus (HIV) Related Instruction in
the Classroom ............................................................................................. 7113R
STUDENTS WITH DISABILITIES
Form: Request for Preschool (Ages 3-5) ........................................................................ 7120F
Form: Request for Placement (Ages 5-21) ..................................................................... 7120F.1
RELIGIOUS CONTENT OF AWARDS CEREMONIES AND HOLIDAY PROGRAMS
Regulation ........................................................................................................................ 7170R
CONTROVERSIAL ISSUES
Regulation ........................................................................................................................ 7220R
USE OF COPYRIGHTED MATERIALS
Regulation: Regulations Regarding the Fair Use of Copyrighted Materials .................. 7230R
Regulation: Guidelines for Off-Air Recording of Broadcast Programming
for Educational Purposes ............................................................................ 7230R.1
Regulation: Guidelines for Classroom Copying ............................................................. 7230R.2
Regulation: Guidelines for Educational Uses of Music ................................................. 7230R.3
2000
7000
Nassau BOCES
SECTION VI
INSTRUCTION (Cont’d.)
NUMBER
USE OF COPYRIGHTED MATERIALS (Cont’d.)
Regulation: Guidelines for Audiovisual Material........................................................... 7230R.4
Regulation: Guidelines for Use of Copyrighted Materials
as it Relates to Computer Software ............................................................ 7230R.5
Procedure: Obtaining Permission to Use Copyrighted Materials ................................... 7230P
Form: Request for Obtaining Permission to Use Copyrighted Material ........................ 7230F
Form: Letter to Permissions Department ........................................................................ 7230F.1
Regulation: Computer Equipment Replacement… ........................................................ 7231R
TEXTBOOKS/WORKBOOKS
Regulation: Textbook Selection and Adoption .............................................................. 7240R
Form: Basal Text Adoption Form .................................................................................. 7240F
FIELD TRIPS
Regulation: General Guidelines ...................................................................................... 7310R
Regulation: Out-of-Country Trips .................................................................................. 7310R.1
Regulation: Parental Permission: School Sponsored Trips ............................................ 7310R.2
Procedure: Field Trips (During School Hours) .............................................................. 7310P
Procedure: Field Trips (Overnight) ................................................................................ 7310P.1
Procedure: Out-of-Country Trips ................................................................................... 7310P.2
Form: Field Trip Instructional Plan ................................................................................ 7310F
Form: Field Trip Parent/Guardian Consent/Medical Information .................................. 7310F.1
Form: Request for Transportation Field Trip ................................................................. 7310F.2
2000
7110R
1 of 2
Instruction
SUBJECT: EYE SAFETY DEVICES
Every teacher, student and visitor is required to wear industrial quality eye protective devices
whenever he or she is participating or observing in an instructional or experimental program in a shop
or laboratory involving:
1)
Hot solids, liquids, or molten metals;
2)
Milling, sawing, turning, shaping, cutting, or stamping any solid materials;
3)
Heat treatment, tempering, or kiln firing of any metal or other materials;
4)
Gas or electric arc welding;
5)
Repair or servicing of any vehicle;
6)
Caustic or explosive chemicals or materials.
Eye safety devices within the meaning of this regulation shall include face shields, goggles,
safety glasses, welding helmets, hoods and other specialized equipment meeting the standards of the
American National Standard Practice for Occupational and Educational Eye and Face Protection,
Z87.1-1968, promulgated by the American National Standards Institute, Inc.
All safety devices are to be properly repaired, cleaned and stored. Also, said devices must be
sterilized or otherwise treated to prevent the spread of germs or diseases when the user changes.
Regulations for Specific Areas
Industrial Arts Shops
An eye protective device as supplied by the school shall be worn over the eyes at all times by
students, teachers, and visitors except for the following situations:
1)
During chalkboard lessons.
2)
While student is drawing or planning at an approved planning station.
3)
While welding, brazing, or torch cutting at which times other special eye and face
protection is mandated.
(Continued)
2000
7110R
2 of 2
Instruction
SUBJECT:
EYE SAFETY DEVICES (Cont’d.)
Elementary Schools
Teachers and students must wear an eye protective device during lessons and demonstrations
involving any situation coming under those listed in the general regulations.
Science Department
1)
The eye protective device will be worn at all times by students in chemistry labs.
2)
The eye protective device will be worn by all students in all other laboratory situations
where:
a. The heating of solutions is part of the lab.
b. The handling of acids or caustic solutions is part of the lab.
c. Cutting, bending, or breaking of glass tubing or plate is part of the lab.
3)
All teachers will wear eye protective devices in any situation where:
a. Any of the above situations are being demonstrated by a teacher for a class.
b. A teacher is supervising a class participating in any of the above activities.
Any exceptions to the Regulations for Specific Areas will require approval of the principal and
the Assistant Superintendent for Instruction.
2000
7111R
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Instruction
SUBJECT:
SCHOOL BUILDING FIRE EMERGENCIES
At the moment a building fire emergency occurs, swift and appropriate action must be
undertaken to assure the personal safety of each of the building occupants. This regulation provides
the guidelines for developing school procedures to assure that all school staff and students will be
prepared to act, without confusion or delay, during a fire.
General
Any person discovering a fire or smoke condition must immediately sound the fire alarm. This
discovery constitutes a fire emergency. There can be no hesitation about making such a decision.
There must be no time lost while reporting to, or seeking further direction from, the building
administrator or other authority before sounding the alarm. The alarm must also start the evacuation
procedure automatically without the need for official confirmation or direction.
Where a gas leak is discovered the fire alarm system should not be used, as possible sparking or
mechanical components of the bell system could cause the gas to explode. In such cases, the main
office should be notified by voice immediately and direction to evacuate should be given over the P.A.
system. In the event of a bomb threat the P.A. system should also be used to initiate building
evacuation.
Preparation
1)
A planned “command post”, an outside area known to all teachers and staff, should be
established where the building administrator should go at the sound of the alarm. From this
point, the administrator can be quickly available to staff for any necessary decisions.
2)
One or more outdoor waiting areas should be designated where teachers and students are to
gather following the evacuation of the building. Each area must be large enough to
accommodate the school population planned for it, and must be well away from the
building to allow firefighters ample room for their equipment and activity. Such areas
must be made familiar to all, so that any students separated from class at the time of the
alarm will know exactly where to report to be accounted for.
3)
A plan should be in place to provide for the physical protection of the evacuated building
occupants if an extended outside wait is expected.
This is necessary as an emergency may occur during a period of wet or freezing weather
and occupants should not delay building evacuation to don coats or other outer clothing.
Provisions should include the choice of a shelter or go-home direction, as conditions
warrant.
(Continued)
2000
7111R
2 of 3
Instruction
SUBJECT:
SCHOOL BUILDING FIRE EMERGENCIES (Cont’d.)
Occupant Action
1)
Any building occupant, upon discovering a fire or unexplained smoke condition, must pull
the fire alarm to warn all other building occupants to evacuate the building immediately. If
a student, he/she then must report directly to the assigned class waiting area. If a teacher or
other staff person, he/she must institute the appropriate planned tasks for a fire emergency.
Brief descriptions of various staff tasks follow.
2)
Each teacher in charge of a class must immediately, upon hearing the fire alarm, lead the
class out of the building to the outdoor waiting area assigned to the class. Alternate routes
to the outdoors must be known and practiced by means of drills. Students must not delay
building evacuation for coats or other outer clothing. The teacher should take the class
register to the waiting area.
Once at the assigned outdoor area, the teacher should be certain that each student in school
on that day is accounted for. If any student is missing at this point, the teacher must inform
the building administrator of this so that a building search may be undertaken. Students
must be instructed to report directly to their outdoor waiting area if the fire alarm occurs
during a time when the student is out of his or her classroom.
3)
Special activities for teachers and other staff not in direct charge of evacuation of students:
a. A staff member (with a backup person to cover for absences) must be assigned to call
the fire department immediately upon hearing the fire alarm. This call must be made
even when the building alarm automatically transmits an alarm to the fire department.
b. Specific instruction and practice must be given to assigned staff (with backup)
regarding any special help for the careful, yet rapid evacuation of persons with
disabilities from the building.
c
An office staff person (again with backup) must be assigned to properly store or
remove designated records from the building.
d. Specific staff members should be assigned to monitor building entrances to prohibit
entry by unauthorized persons during the fire emergency.
e. Staff should not attempt to extinguish a fire unless they have received training from
professional fire personnel.
(Continued)
2000
7111R
3 of 3
Instruction
SUBJECT:
SCHOOL BUILDING FIRE EMERGENCIES (Cont’d.)
Drills
Education Law requires that eight school fire drills be held before the first of December of each
school year, with a total of twelve drills to be held for the entire school year. After the first drill or
two, during which building occupants can become familiar with general escape routes and waiting
area, drills should become more complex, including “missing” student exercises and “blocked”
corridors, to duplicate as closely as possible conditions that may be encountered in a real fire
emergency. Practice of this nature can be invaluable, helping to prevent unwanted “surprises” if a real
fire emergency were to occur.
The local fire department may welcome the opportunity to participate in school fire drills. Fire
professionals can often offer suggestions that could speed up building evacuation, improve placement
of occupants during drills, or make suggestions that may improve the entire procedure. The presence
of fire trucks, and firefighters in turnout gear, also imparts a sense of the seriousness of the exercise.
2000
7111R.1
1 of 13
Instruction
SUBJECT:
BOMB THREAT RESPONSE GUIDELINES
Introduction
Recent bomb threats and other acts of violence in schools have increased awareness concerning
the importance of response actions and coordination among school officials, law enforcement officials,
and local emergency management officials. This guideline provides clarification regarding the roles
of educators, staff, and law enforcement officials related to bomb threats in schools. This document
should be used as a guide in the development of the section of the School Emergency Management
Plan which addresses bomb threats.
Proper planning and prudent actions are necessary to protect the safety of students and staff.
Therefore, it is critically important that school officials have a consistent, unified plan of action to deal
with the threat of bombs and explosive materials in schools. Section 155.13 of the Commissioner’s
Regulations requires schools to maintain a School Emergency Management Plan to ensure the safety
and health of children and staff and to ensure the integration and coordination with similar emergency
planning at the municipal, county, and State levels. This plan must be updated no later than October 1
of each school year. Planning for a bomb threat is clearly an emergency, which must be included
within the School Emergency Management Plan.
School Bomb Threats
A bomb threat, even if later determined to be a hoax, is a criminal action. No bomb threat
should be treated as a hoax when it is first received. The school has an obligation and responsibility to
ensure the safety and protection of the students and other occupants upon the receipt of any bomb
threat. This obligation must take precedence over a search for a suspect object. Prudent action is
dependent upon known information about the bomb threat - location, if any; time of detonation; etc. If
the bomb threat is targeted at the school parking lot or the front of the school, building evacuation may
not be an appropriate response. If the bomb threat indicates that a bomb is in the school, then building
evacuation is necessary unless the building has been previously inspected and secured as described in
these guidelines (see page 7).
The decision to evacuate a building or to take shelter is dependent upon information about where
the bomb is placed and how much time you have to reach a place of safety. Prudent action dictates
that students and other occupants be moved from a place of danger to a place of safety. Routes of
egress and evacuation or sheltering areas must be thoroughly searched for suspicious objects before
ordering an evacuation. Failure to properly search evacuation routes before an evacuation takes place
can expose students and staff to more danger than remaining in place until the search has taken place.
Assistance is available from local police agencies and the New York State Police to train staff to check
evacuation routes.
(Continued)
2000
7111R.1
2 of 13
Instruction
SUBJECT:
BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
Police Notification and Investigation
A bomb threat to a school is a criminal act, which is within the domain and responsibility of law
enforcement officials. Appropriate State, county, and/or local law enforcement agencies must be
notified of any bomb threat as soon as possible after the receipt of the threat. Law enforcement
officials will contact, as the situation requires, fire and/or county emergency coordinators according to
the county emergency plan.
Police agencies, provided they have the proper resources available, may conduct building
searches with the permission of the school official responsible for the building. It is not unusual
during a bomb threat for police officers, when present, to request volunteer assistance from school
employees. People who can be the most helpful in looking for suspicious objects are the school
employees themselves. This is due to the fact that employees may be able to quickly recognize objects
which do and do not belong in the building. A stranger to the building does not have the advantage of
the employee in conducting this type of building search.
It should be noted that the search for something unusual does not involve touching or handling
the suspect object. Only specified and highly trained law enforcement officials are authorized to
handle the suspect object when located. School officials and/or employees are not trained or
authorized to touch, handle, or move any suspected explosive device. Law enforcement officers, upon
finding suspicious objects, will call for appropriate bomb technicians.
School officials should be aware that law enforcement agencies generally do not initially send
out bomb sniffing dogs and/or trained bomb technicians until a suspect device is located. It should
also be noted that bomb-sniffing dogs have a limited time of efficiency so that their use is carefully
considered.
Receiving Threatening Information
Anyone receiving information about a bomb threat - by way of telephone, written note, or
through observing a suspicious object, must immediately notify the school building administrator or
his/her designee, as described in the School Emergency Management Plan. School personnel should
not try to determine if a telephoned bomb threat or suspicious package or letter is a hoax. School
personnel must proceed as if the threat is real. Bombs can be constructed to look like almost anything.
Most bombs are homemade and the probability of finding a bomb that looks like a stereotypical bomb
is almost nonexistent. Therefore, the administrator or designee is to notify local law enforcement
officials and initiate the planned actions to move all occupants out of harm’s way. Bomb threat
information is not to be treated as a hoax and an official search must be conducted.
(Continued)
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7111R.1
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
Written Bomb Threats
If a written bomb threat is received, the handling of the note and its envelope should be kept to
an absolute minimum since it will be used as evidence in the criminal investigation. Fingerprints will
be taken from the note to help determine its source. If the note is contaminated with the fingerprints of
the recipients, the value of this evidence will be significantly compromised.
Mail Bombs/Suspicious Packages
Mail bombs have been contained in letters, books, and parcels of varying sizes, shapes, and
colors. The New York State Police and the Federal Bureau of Alcohol, Tobacco, and Firearms have
provided the following characteristics and instructions regarding mail bombs.









Letter bombs may feel rigid, appear uneven or lopsided, or are bulkier than normal.
The container is irregularly shaped, asymmetrical, and has soft spots and bulges.
There may be oil stains on the wrapper. The wrapper may emit a peculiar odor.
The package may be unprofessionally wrapped and be endorsed with phrases such as
“Fragile - Handle with Care”, “Rush - Do Not Delay”, “To Be Opened in the Privacy
of ______”, “Prize Enclosed”, or “Your Lucky Day is Here.”
There may be cut and paste lettering on the address label.
The package may have no postage or non-cancelled postage.
The package may exhibit protruding wires, foil, string, or tape.
The package may emit a buzzing or ticking noise.
A suspect letter or package may arrive immediately before or after a telephone call from an
unknown person asking if the item was received.
If you suspect a letter or package of being a bomb:





Do not open or squeeze the envelope or package.
Do not pull or release any wire, string, or hook.
Do not turn or shake the letter or package.
Do not put the letter or package in water or near heat.
Do not touch the letter or package, thereby compromising fingerprint evidence.


Do move people away from the suspected envelope or package.
Do notify the State and/or local police, depending on which law enforcement agency
covers your geographic area.
Do activate your Emergency Plan for dealing with bombs.

(Continued)
2000
7111R.1
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
Telephone Bomb Threats
Handling a telephone bomb threat requires training and preparation for the person answering the
call. The bomb threat caller is the best source of information about the bomb. Therefore, it is
important to remain calm and try to get as much information as possible about the bomb from the
person on the telephone. If possible, the person answering the call should signal co-workers of the
threatening call while the call is still in progress. It is also desirable that more than one person listen
in on the call.
Persons receiving threatening calls in a school should have a list of emergency agency telephone
numbers available, as well as the telephone numbers of school officials to be immediately contacted.
Individuals who are likely to be the first to respond to a threatening telephone call should receive
training offered by the New York State Police or local law enforcement agencies. The local BOCES
Health and Safety Office may be contacted for assistance in coordinating this training.
The New York State Police recommend that, if possible, the telephone threat be taped. Caller
identification or other types of tracing devices should also be considered. The New York State Police
Bomb Threat Instruction Card should be placed next to telephones that are most likely to receive
such calls. Information to be asked of the caller includes:






Where is the bomb located?
When will the bomb go off?
What does the bomb look like?
What kind of explosive is involved?
Why was the bomb placed?
What is your name? (Sometimes the caller may be caught off guard and will give you his
or her name.)
Other information which should be noted includes: the time of the call; language used by the
caller; gender and approximate age of the caller (child or adult); speech characteristics (slow, fast,
loud, soft, disguised, intoxicated, accented, etc.); and any noticeable background noises such as music,
motors running or street traffic.
Bomb Threat Response Actions
The following three actions may be used by school administrators when coping with a bomb
threat in a school building. These actions require planning, preparation, and training.
1)
Evacuation of the building after searching exit routes and evacuation areas;
(Continued)
2000
7111R.1
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
1)
2)
Sheltering students in an area which has been “sanitized and cleared”; and
3)
Preclearance of the building and maintenance of security to ensure no suspicious objects
have been brought into the building by students, visitors, or staff.
Building Evacuation
When school officials receive information that a bomb threat has been received and the building
has not been precleared and kept secure, the school bomb threat procedures are to be immediately
activated. This may or may not warrant immediate building evacuation. If the bomb threat indicates
that an explosive has been placed outside the building, sheltering may be the most appropriate course
of action. (See page 9, “Sheltering in the School - Potential Explosive Device Outside the Building.”)
If the threat indicates that the device is in the building or is non-descript in nature, building evacuation
procedures are to be immediately activated.
The School Emergency Management Plan for bomb threats should establish a process for
determining who will be responsible for performing an initial search of the stairwells, lobby,
entrances, exits, and evacuation areas for suspicious objects. The immediate checking of these areas
prior to evacuation is necessary so that a safe and expeditious evacuation may proceed.
Simultaneously, all school employees should take a quick look around their work areas for any
suspicious items. School Emergency Plans should make it clear that any suspicious items found must
be left alone and must be immediately reported to the school administrator. Under no circumstances
are school personnel to touch or move any suspect items.
Based upon information known or not known about a bomb threat, and after it has been
determined that reasonably safe passage of students and other occupants can be made to exit the
building, an immediate evacuation signal must be given. The School Emergency Plan should identify
the type of signal(s) used to denote a building evacuation in case of a bomb threat. Staff, teachers, and
students are to be familiar with such signals so they can respond without hesitation or confusion.
Local law enforcement officials should be consulted as to options for signals during a bomb threat.
a.
Persons evacuating the building should remain calm and orderly in order to prevent panic
and confusion, which may result in an increased evacuation time, endangering lives, and
increasing the chances of injuries occurring.
b.
The School Emergency Plan shall identify volunteer floor wardens and alternate volunteer
floor wardens to ensure an orderly process for clearing each floor, including restrooms.
When floor wardens have cleared their areas of responsibility, they should report to the
command area in the evacuation assembly area.
(Continued)
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7111R.1
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
c.
Elevators are not to be used for evacuation purposes.
d.
Occupants are to proceed to the designated safe evacuation assembly area. After
accounting for all students and staff, the principal will determine next steps, as the situation
requires. Designated evacuation areas should not be located near areas of incoming
emergency responders. Open play fields, removed from the activity, are suitable
evacuation assembly areas.
e.
The Superintendent/principal should designate an easily accessible location and known
position as a command post for coordination with emergency responders and receiving
information and communications related to the incident
Evacuation of Students, Staff and Teachers with Disabilities
School Emergency Plans must provide evacuation procedures for all persons with disabilities.
Assigned responsibilities and procedures to assist those individuals with disabilities should be
identified in the School Emergency Plan. Local emergency responders must be familiar with the
school’s plan for persons with disabilities and the School’s Emergency Management Plan as a whole.
Evacuation Areas
Evacuation areas must be identified in the School Emergency Plan. The School Emergency Plan
should address procedures for informing parents and/or guardians of actions to protect and provide
safety for their children. Teachers and staff should know the location of evacuation areas where
students will be taken, if necessary, during emergencies until dismissal time and/or parental/guardian
pick-up. Students and parents should only be notified of that location, as needed, due to security
considerations and confidentiality,
Weather Conditions and Evacuation
The possibility always exists that students, faculty and staff may have to evacuate a school
during inclement weather conditions. School Emergency Management Plans should address
procedures for prolonged outdoor exposure. Students must not be permitted to access their lockers to
obtain their coats. Therefore, administrators at each school must determine how best to provide
temporary shelter should the time outside be prolonged.
(Continued)
2000
7111R.1
7 of 13
Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
Reoccupancy of a School Building
After a bomb search has been concluded, by or with law enforcement, the school administrator is
the person responsible for making the decision to reenter the school building. Unlike fire chiefs
during a fire, police officials have no legal authority to declare the building safe for reoccupancy.
They will not be able to conclusively state that there is no bomb, only that the search did not reveal
any.
Based upon information received from the building search, one of three decisions may be
considered by the school administrator: (1) reoccupy the building and resume classes, (2) relocate the
building occupants to another facility (sheltering); or (3) activate the plan for early dismissal.
2)
Sheltering in Sanitized and Cleared Areas
School administrators have the option of “sanitizing and clearing” an area in the school building,
such as a gymnasium, to subsequently shelter students, faculty and staff while a full building search is
conducted. This option is most appropriate in the following circumstances:
a.
An assembly space, such as a gymnasium, is thoroughly searched by volunteer school
personnel and law enforcement personnel for suspect objects. This includes searching
areas such as bleachers, locker rooms (including lavatory facilities), equipment storage
areas, etc.
b.
Inclement weather conditions are such that a full-scale building evacuation may endanger
students, faculty, and staff. Severe cold weather is an example of such a condition.
It is strongly recommended that school officials carefully coordinate this option in cooperation
with local law enforcement officials.
3)
Pre-Clearance and Security Screening in Lieu of Evacuation
This option may only be implemented prior to the receipt of an actual bomb threat. This option
is appropriate when a school reasonably anticipates the receipt of a bomb threat or if there is a
particular concern over the possibility of a bomb threat. An example of this may be during the
administration of Regents examinations or during other school-wide events, such as dances,
homecoming events, etc. This option may not be reasonable during other times. If the school
administrator chooses to enact the prudent procedures outlined below, and there is reasonable
accountability for ensuring the safety of students and other building occupants, then evacuation is not
required. This approach may also be particularly helpful in the event of multiple bomb threats or
bomb threats directed at all schools in a county or the BOCES.
(Continued)
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7111R.1
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
School administrators who choose this option must ensure that all steps for ensuring the security
of the building are followed completely. Local law enforcement officials and the New York State
Police are available for consultation in preparing such a plan and for training school staff on screening
techniques.
a.
Staff must be assigned to do a “walk-through” of the buildings and grounds prior to the
arrival of students in the morning to assure that there are no suspicious objects in the
building.
b.
Staff who complete the “walk-through” must report findings to the school principal.
Monitors must also be assigned to walk around the outside of the building if State
examinations are being administered.
c.
A single point of entry to each building for students and staff must be established, and
monitored by a school official.
d.
School staff must monitor all exits.
e.
In the case of State examinations, students must not be admitted to the building for a State
examination more than thirty (30) minutes before the start of that examination.
f.
Students may only be admitted to the building after passing through a checkpoint to ensure
that they are bringing with them only lunch/snacks and other preapproved items. This
includes items such as inhalers (for medical purposes), pens, pencils, and specific materials
appropriate to the exam, such as a calculator or a compass. Student book-bags and
knapsacks must be inspected. It may be appropriate to send a notice home prior to the
event to clearly state that book-bags will not be permitted for that particular event.
g.
During State examinations, exam locations are to be clearly marked. Except in those
schools where regular interaction is occurring during the exam period, students must be
allowed only in the specific areas of the building where the exams are being administered.
h.
All lockers, including unassigned lockers, must have locks.
i.
A reporting procedure must be in effect for sighting any unusual object or behavior.
j.
Parking adjacent to buildings is not permitted,
k.
In the event it is necessary to evacuate the building, the steps outlined in the preceding
sections must be followed.
(Continued)
2000
7111R.1
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
In summary, evacuation is not required provided the building and grounds have been “cleared”
at the start of the day and continually monitored throughout the day. Please note that if the procedures
are not completely and correctly put into effect, then the building must be evacuated to a “sanitized
and cleared” area or completely evacuated upon the receipt of a bomb threat.
State Examinations
If it is necessary to evacuate the building during State examinations, the students must not be
allowed to talk to each other and they must be given extra time when they return to the examination to
compensate for the time lost during the evacuation process. School personnel are advised to refer to
page 16, item 7-Emergency Evacuation of a School Building, in the booklet entitled, “Regents
Examinations, Regents Competency Tests, and Proficiency Examinations, School Administrator’s
Manual (Spring 1996 edition).”
Sheltering in the School - Potential Explosive Device Outside the Building
A bomb threat which indicates that an explosive device is in a car, in the school parking lot, or
somewhere else outside of the building, requires that building occupants remain inside the building.
Building occupants should be moved to areas within the school which are free of glass, such as
gymnasiums and auditoriums. Persons outside the building in parking lots, playgrounds, etc. should
be moved further away or to a location that takes students out of harm's way. The New York State
Police advise that there be at least 1,000 feet between individuals and the suspected area of a bomb.
Preventive Measures Checklist
Depending upon the needs of a BOCES, policies, procedures, and informational materials should
be developed to discourage the reporting of any incident designed to threaten life and property, such as
a bomb threat. Preventive measures may include the following:
1)
Install a Caller ID System on school telephone lines and/or tape record incoming calls.
Arrange to have the local telephone company provide for the immediate tap and trace of a
telephoned bomb threat. (Cell phones are traceable.)
2)
Install a video camera in places where public telephones are located.
3)
Make all employees responsible for scanning their areas of work for suspicious objects.
4)
Establish an immediate reporting system for students and staff to report the presence of
“strangers” in the building and/or unusual or suspicious objects.
(Continued)
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
5)
Establish a policy whereby all “lost time” due to disruptive hoaxes will be made up.
6)
To insure testing integrity, develop contingency plans for bomb scares during times of
academic examinations.
7)
Train all persons in a school who would generally be the first recipient of a telephone bomb
threat. Training should include the procedures established by the New York State Police.
Law enforcement agencies are a good training source.
8)
Conduct assembly programs on the School Emergency Plan procedures.
9)
Invite law enforcement personnel to discuss the legal implications of calling in false alarms
and bomb threats with students and staff.
10)
Use trash receptacles of the wire basket type with clear plastic bags as liners.
11)
Lock unassigned lockers with school locks turned backwards to identify those not occupied
by students.
12)
Lock custodial closets and rooms that are not occupied in order to limit access.
13)
Keep lobby areas free of trash receptacles (other than wire mesh) and furniture that would
allow for placing objects out of view.
14)
Replace telephone booths with wall telephones.
15)
Reconfigure display cases so as to prevent easy placement of explosive devices above or
beneath them.
16)
Place fire extinguishers in recessed areas with extinguishers in glass containers that require
breakage to be used.
17)
Eliminate parking areas immediately adjacent to the building, except for official school
vehicles.
18)
Have school health and safety committees discuss with the State Police or the local law
enforcement agency other measures to ensure the building security.
(Continued)
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7111R.1
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
School Employee Involvement
To prepare for school emergencies such as a bomb threat, schools may form teams of volunteers
from administration, faculty and staff to assist in looking or sweeping a building or grounds for
suspect objects. Volunteer school teams familiar with the building would shorten the time needed to
look for suspect items. Prior to an emergency incident, school officials should make certain volunteer
personnel are trained and aware of their responsibilities and are willing to carry out such activities.
School employees who volunteer or by job duty are assigned to assist should have access to building
keys, floor plans, and information about shut-off valves for heat, electricity, and water.
Reporting Bomb Threats
School officials must inform parents and guardians as soon as possible of an incident that results
in the activation of the School Emergency Management Plan, along with actions taken to protect the
safety and well-being of students, staff, and property.
Schools receiving bomb threats should send the following information to the State Education
Department Office of Facilities Planning at fax (518) 486-5918 or send an e-mail to
[email protected] when it is safe to do so:
1)
Name of school;
2)
Time and nature of the threat;
3)
Action taken; and
4)
School contact person’s name, telephone number, and e-mail address.
(Refer also to Form #7111F.1 - - New York State School Bomb Threat Report Data Sheet.)
Regulatory Basis for School Bomb Threat Actions
Section 155.13 of the Commissioner’s Regulations requires BOCES and BOCES Boards of
Education to prepare and annually update a School Emergency Management Plan to ensure the safety
and health of children and staff, and to insure integration and coordination with local, county, and
State emergency plans. This Plan further requires annual instruction and drills to ensure its
effectiveness. In updating the School Emergency Plan, conducting drills and training, and providing
education and notification, the following issues should be considered:
1)
Formulating guidelines specifying how students and employees are to leave the school
premises during an emergency.
(Continued)
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7111R.1
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Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
2)
Formulating guidelines regarding how to provide security for school premises during an
emergency (i. e., public access, emergency responders, etc.).
3)
Media intervention guidelines.
4)
Communication procedures and access of details.
School emergencies have an impact on many people and other community operations. School
administrators must cooperate and coordinate plans with their local and county emergency
coordinators to insure that the School Emergency Plan is congruent with local and county plans and
procedures. Issues of mutual concern might include:
1)
Traffic routing for emergency vehicles;
2)
Emergency area perimeter security;
3)
Parents or guardians rushing to school; and
4)
Telephone and communication overload.
Case law under liability and negligence has established that a Board of Education has the duty to
exercise due care toward its students, as would a reasonable, prudent parent under comparable
circumstance [Mirand vs. City of New York, 84 NY2d 44 (1994)]. Based upon Duty of Reasonable
Care, a BOCES’ responsibility begins when a child is picked up and ends when a child is dropped off.
Section 807 of the Education Law1 imposes a duty on the “principal or other person in charge of
the school” to instruct and train the students by means of drills so that they may, in a sudden
emergency, be able to leave the school building in the shortest time possible without confusion or
panic. An Attorney General’s opinion declares a bomb threat as a potential emergency.
(Continued)
Section 807 is headed “Fire Drills” but the section itself speaks to emergencies, not fires. A section
heading does not restrict broader language contained in the body of the section.
[People v. Long Island R.R. Co., 194 NY 130 (1909)]
1
2000
7111R.1
13 of 13
Instruction
SUBJECT: BOMB THREAT RESPONSE GUIDELINES (Cont’d.)
Criminal Penalties: False Reporting of Emergencies
Schools need to educate the entire school community about the seriousness and penalties of
reporting a false bomb threat. Information should be disseminated informing students and employees
that the mere reporting of a false bomb threat is a crime that may result in imprisonment and/or civil
penalties being imposed against the individual. When a person reports a false bomb threat, they
commit a crime that is punishable by up to one-year imprisonment and a fine of up to $1,000. (Falsely
Reporting an Incident in the Second Degree: Section 240.55 subsection 1 of the New York State
Penal Law: Class “A” Misdemeanor).
Recently, laws dealing with this issue have been expanded to include instances where someone
places a device fashioned to resemble or contain a bomb, when in fact it is an inoperative facsimile or
imitation. In these circumstances, a person would also be guilty of a crime punishable by up to one
year imprisonment and up to a $1,000 fine (Placing a False Bomb: Section 240.61 of the New York
State Penal Law: Class “A” Misdemeanor).
If an emergency worker is seriously injured or killed while responding to or performing duties in
connection with a bomb threat, the crime is elevated to a much more serious offense (Falsely
Reporting an Incident in the First Degree: Section 240.60 subsection 2 of the New York State Penal
Law: Class “E” Felony). This crime is punishable by imprisonment up to four years and/or a fine of
up to $5,000.
2000
7111R.2
1 of 2
Instruction
SUBJECT:
1)
BUS EMERGENCY DRILLS: EMERGENCY GUIDELINES
Operation of school bus exits to be used in an emergency:
a.
Emergency door(s);
b.
Windows as a means of escape;
(1) Push-out,
(2) Pop-out (windows mounted in rubber).
2)
3)
4)
Location and use of:
a.
Fire extinguishers;
b.
First aid equipment;
c.
Reflective devices;
d.
Ignition switch;
e.
Parking brake;
f.
Radio.
Exiting guidelines:
a.
Do not take books, lunch boxes, etc.;
b.
Take emergency equipment;
c.
Wear coats, jackets, etc.;
d.
Use the front door.
Emergency Evacuation Guidelines for Physically Impaired Students:
a.
Physically impaired students are those students who are visually impaired, possess limited
mobility or are non-ambulatory. These students are not necessarily classified as students
with disabilities.
(Continued)
2000
7111R.2
2 of 2
Instruction
SUBJECT:
BUS EMERGENCY DRILLS: EMERGENCY GUIDELINES (Cont’d.)
b.
The building principal at each school will assign an aide for each physically impaired
student during an emergency evacuation. The assigned aide should be given a copy of the
student’s schedule to facilitate evacuation. The school nurse in each building should serve
as an alternative escort should the need arise.
c.
The assigned aide should escort the student to a designated area.
7111F
BOMB THREAT CALL CHECKLIST
FILL OUT COMPLETELY, IMMEDIATELY AFTER BOMB THREAT
QUESTIONS TO ASK:
1.
2.
3.
4.
5.
6.
7.
8.
9.
When is the bomb going to explode? ________________________________________________
Where is it right now? ___________________________________________________________
What does it look like? __________________________________________________________
What kind of bomb is it? _________________________________________________________
What will cause it to explode? _____________________________________________________
Did you place the bomb? _________________________________________________________
Why? ________________________________________________________________________
What is your address? ___________________________________________________________
What is your name? _____________________________________________________________
EXACT WORKING OF THE THREAT: ______________________________________________
__________________________________________________________________________________
Sex of Caller: ________ Race: __________ Age: ____________ Length of Call ___________
Number at which call is received: _________________ Time: __________ Date: ____/____/____
CALLERS VOICE:
_____Calm
_____Angry
_____Excited
_____Slow
_____Rapid
_____Soft
_____Loud
_____Laughing
_____Crying
_____Normal
_____Distinct
_____Slurred
_____Nasal
_____Stutter
_____Lisp
_____Raspy
_____Deep
_____Ragged
_____Clearing Throat
_____Deep Breathing
_____Cracking Voice
_____Disguised
_____Accent
_____Familiar
If voice is familiar, who did it sound like? _______________________________________________
BACKGROUND SOUNDS:
_____Street Noises
_____Music
_____Crockery
_____House Noises
_____Voices
_____Motor
_____PA System
_____Office Machinery
_____Factory Machinery
_____Animal Noises
_____Clear
_____Static
_____Local
_____Long Distance
_____Booth
_____Other _______
THREAT LANGUAGE:
_____Well Spoken
_____Foul
(educated)
_____Irrational
_____Incoherent
_____Taped
_____Message Read
by Threat Maker
REMARKS: _______________________________________________________________________
__________________________________________________________________________________
Report call immediately to: ______________________________
Principal/Building Incident Coordinator
Date: ____/____/____
_________________________
Phone Number
Name: ______________________________________
Phone Number: __________________________ Position: ________________________________
7111F.1
THE STATE EDUCATION DEPARTMENT/THE UNIVERSITY OF THE STATE OF NEW YORK/ALBANY, NY 12234
Office for Elementary, Middle, Secondary and Continuing Education
New York State
School Bomb Threat and Serious Incident
Report Form
Name of School District:
Building:
Incident Type: (please circle all that apply to this event)
Arson
Bioterrorism
Bomb
Bomb Threat
Knife/Blade
Gun
Incident Delivery Method: (please circle all that apply to this event)
Telephone
E-Mail
FAX
Verbal
Written
Other
Date of Incident:
Time of Incident:
School District Contact person:
Contact Person Telephone #
Description of Incident:
Name of Law Enforcement Agency Notified
of Incident:
Law Enforcement Contact Person &
Telephone Number
Actual Class Time Lost as a Result of this Incident:
Actions Taken by the School District in Response to Incident:
Attach Additional Sheets as Needed
Return Completed Report To:
Laura Sahr
NYS Education Department
Office of Facilities Planning
Room 1060 Education Building Annex
Other
Albany, New York 12234
or FAX to: 518-486-5918
2000
7113R
Instruction
SUBJECT:
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED INSTRUCTION
IN THE CLASSROOM
1)
Instruction concerning HIV/AIDS shall provide accurate information to students concerning the
nature of the disease, methods of transmission and methods of prevention.
2)
No student shall be required to receive instruction concerning “the methods of prevention” of
HIV/AIDS if the parent or guardian makes such request.
3)
The parent or guardian who wishes to have a student excluded from instruction concerning the
methods of prevention of HIV/AIDS must file such request in writing with the building principal
of the school which the student attends.
4)
The written request for exclusion from instruction in “methods of prevention” of HIV/AIDS
must include an assurance that the student will receive such instruction at home.
5)
The principal shall provide instructional material on “methods of prevention” of HIV/AIDS to
parents/guardians who request exclusion from instruction. These materials shall be appropriate
for home instruction.
6)
Excluded students will be provided with alternative curriculum by the teacher during the period
of exclusion from instruction on the “methods of prevention” of HIV/AIDS but will not be
exempt from testing on all aspects of HIV/AIDS instruction, including “methods of prevention.”
7120F
BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF NASSAU COUNTY
718 THE PLAIN ROAD  P.O. BOX 1034
WESTBURY, NEW YORK 11590-0114
white - Student folder
yellow - district superintendent
pink - local district superintendent
gold - office of referral
FOR CHILDREN AGES 3-5 REQUEST FOR A NASSAU BOCES PRESCHOOL
EVALUATION

PLACEMENT

Student’s Name _________________________________________
Date of Birth ____________________
Social Security # ___________________________
Medicaid eligible ___Yes ___No __________________
Medicaid Number
Home Address _______________________________________________________________________________
Parent/Person in Parental Relationship ____________________________________________________________
Phone Mother (Home) __________________________
(Work) ____________________________
Father (Home) __________________________
(Work) ____________________________
Dominant Language ____________________________
Is an interpreter needed
____Yes ____No
Sign language required _____Yes _____No
TTY ________________________________________________
Alternate Parental Contact Person ______________________________
Phone # _______________________
Reason for Referral
speech/language _____
developmental delays ______
behavior _____
vision ______
hearing _____
orthopedic_____
other (please explain) ___________________________________________________________________
Nassau BOCES Program/Evaluation Site Requested _________________________________________________
Alternate Placements 1. ________________________________ 2. ___________________________________
No alternative placement to be considered __________(Check if applicable.)
School year recommendation _______10 month _______12 month
Has the child received Early Intervention services ____Yes ____No (If yes, fill out service information below)
Name of EI Service Coordinator (where applicable) _________________________________________________
Has the child ever received other special services? (Evaluation and/or treatment: medical psychological, speech,
hearing, vision services, etc.) _____Yes ____No (if yes, fill out service information below.)
Types of Services
Date Received
Service Provider
Agency Address
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
District _____________________________________________________________________________________
District Contact Person____________________________________________
Phone #___________________
______________________________
District Representative Signature
_________________________
Date
___________________________
Position
To be completed by Nassau BOCES
Evaluation Site ____________________________________________
Date_____________________
Recommendation _________________________________________________________________________
Placement Site ___________________________________________________________________________
Date Admitted ________________________
Student ID# ____________________________________
7120F.1
BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF NASSAU COUNTY
718 THE PLAIN ROAD  P.O. BOX 1034
WESTBURY, NEW YORK 11590-0114
white - Student folder
yellow - Office of Referral
pink - School District
REQUEST FOR PLACEMENT - STUDENTS AGES 5-21
Student’s Name _________________________________________
Date of Birth ____________________
Social Security # ___________________________
Medicaid eligible ___Yes ___No __________________
Medicaid Number
Home Address _______________________________________________________________________________
Parent/Person in Parental Relationship ____________________________________________________________
Phone Mother (Home) __________________________
(Work) ____________________________
Father (Home) __________________________
(Work) ____________________________
Dominant Language ____________________________
Is an interpreter needed
____Yes ____No
Sign language required _____Yes _____No
TTY ________________________________________________
Alternate Parental Contact Person ______________________________
Phone # _______________________
Disability Classification _______________________________________________________________________
Nassau BOCES Program Requested ______________________________________________________________
Alternate Placement __________________________________________________________________________
Alternate Placement __________________________________________________________________________
No alternative placement to be considered __________(Check if applicable.)
School year recommendation _______10 month _______12 month
The parents/legal guardians are aware of this referral for out-of-district placement and agree _____ do not agree
with it. ______
LRE Statement - Having exhausted all placement options in less restrictive environments, the CSE is
recommending placement out of district for the following reasons. (LRE statement if not included in IEP or
attached).
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Special Alerts/Scheduling Instructions
See directions sheet.
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
District _____________________________________________________________________________________
District Contact Person____________________________________________
Phone #___________________
The district understands that, although the student may have been accepted and placed in a BOCES program,
should additional information become available that makes such placement inappropriate, the student will be
referred to his/her CSE.
______________________________________________________________
District Representative Signature
Position
_________________________
Date
2000
7170R
1 of 4
Instruction
SUBJECT:
RELIGIOUS EXPRESSION IN THE PUBLIC SCHOOLS
These regulations have been developed to provide guidance to BOCES staff and students
regarding religious expression in the public schools. Guidance beyond the statements in these
regulations may be found in four basic principles which would apply to the topic of teaching about
religion in schools: (1) Is it constitutionally permissible; (2) Is it educationally sound; (3) Is it
culturally sensitive; and (4) Is it age appropriate?
Student Prayer and Religious Discussion
The Establishment Clause of the First Amendment does not prohibit purely private religious
speech by students. Students, therefore, have the same right to engage in individual or group prayer
and religious discussion during the school day as they do to engage in other comparable activity. For
example, students may read their Bibles or other scriptures, say grace before meals, and pray before
tests to the same extent they many engage in comparable nondisruptive activities. School authorities
possess substantial discretion to impose rules of order and other pedagogical restrictions on student
activities, but they may not structure or administer such rules to discriminate against religious activity
or speech.
Generally, students may pray in a nondisruptive manner when not engaged in school activities or
instruction, and subject to the rules that normally pertain in the applicable setting. Specifically,
students in informal settings, such as cafeterias and hallways, may pray and discuss their religious
views with each other, subject to the same rules of order as apply to other student activities and
speech. Students may also speak to, and attempt to persuade, their peers about religious topics just as
they do with regard to political topics. School officials, however, should intercede to stop student
speech that constitutes harassment aimed at a student or a group of students.
Students may also participate in before or after school events with religious content on the same
terms as they may participate in other noncurriculum activities on school premises. School officials
may neither discourage nor encourage participation in such an event.
The right to engage in voluntary prayer or religious discussion free from discrimination does not
include the right to have a captive audience listen, or to compel other students to participate. Teachers
and school administrators should ensure that no student is in any way coerced to participate in
religious activity.
Graduation Prayer And Baccalaureates
Under current Supreme Court decisions, school officials may not mandate or organize prayer at
graduation, nor organize religious baccalaureate ceremonies. If a school generally opens its facilities
to private groups, it must make its facilities available on the same terms to organizers of privately
sponsored religious baccalaureate services. A school may not extend preferential treatment to
baccalaureate ceremonies and may, in some instances, be obliged to disclaim official endorsement of
such ceremonies.
(Continued)
2000
7170R
2 of 4
Instruction
SUBJECT:
RELIGIOUS EXPRESSION IN THE PUBLIC SCHOOLS (Cont’d.)
Official Neutrality Regarding Religious Activity
Teachers and school administrators, when acting in those capacities, are representatives of the
state and are prohibited by the establishment clause from soliciting or encouraging religious activity,
and from participating in such activity with students. Teachers and administrators also are prohibited
from discouraging activity because of its religious content, and from soliciting or encouraging antireligious activity.
Teaching About Religion
Public schools may not provide religious instruction, but they may teach about religion,
including the Bible or other scripture: the history of religion, comparative religion, the Bible (or other
scripture)-as-literature, and the role of religion in the history of the United States and other countries
all are permissible public school subjects. Similarly, it is permissible to consider religious influences
on art, music, literature, and social studies. Although public schools may teach about religious
holidays, including their religious aspects, and may celebrate the secular aspects of holidays, schools
may not observe holidays as religious events or promote such observance by students.
Student Assignments
Students may express their beliefs about religion in the form of homework, artwork, and other
written and oral assignments free of discrimination based on the religious content of their submissions.
Such home and classroom work should be judged by ordinary academic standards of substance and
relevance, and against other legitimate pedagogical concerns identified by the school.
Religious Literature
Students have a right a distribute religious literature to their schoolmates on the same terms as
they are permitted to distribute other literature that is unrelated to school curriculum or activities.
Schools may impose the same reasonable time, place, and manner or other constitutional restrictions
on distribution of religious literature as they do on nonschool literature generally, but they may not
single out religious literature for special regulation.
Religious Exemptions From Instruction
Subject to applicable state laws, schools enjoy substantial discretion to excuse individual
students from lessons that are objectionable to the student or the students’ parents/guardians on
religious or other conscientious grounds. However, students generally do not have a federal right to be
excused from lessons that may be inconsistent with their religious beliefs or practices. School officials
may neither encourage nor discourage students from availing themselves of such a religious
exemption. However, if such exemption is granted, alternative activities may be provided that are of
comparable instructional value.
(Continued)
2000
7170R
3 of 4
Instruction
SUBJECT:
RELIGIOUS EXPRESSION IN THE PUBLIC SCHOOLS
Released Time
Subject to applicable state laws, schools have the discretion to dismiss students to off-premises
religious instruction, provided that schools do not encourage or discourage participation or penalize
those who do not attend. Schools may not allow religious instruction by outsiders on school premises
during the school day.
Teaching Values
Though schools must be neutral with respect to religion, they may play an active role with
respect to teaching civic values and virtue, and the moral code that holds us together as a community,
The fact that some of these values are held also by religions does not make it unlawful to teach them in
school.
Student Dress
Schools enjoy substantial discretion in adopting rules and regulations relating to student dress
and school uniforms. Students generally have no federal right to be exempted from religiously neutral
and generally applicable school dress rules based on their religious beliefs or practices; however,
schools may not single out religious attire in general, or attire of a particular religion, for prohibition
or regulation. Students may display religious messages on items of clothing to the same extent that
they are permitted to display other comparable messages. Religious messages may not be singled out
for suppression, but rather are subject to the same rules as generally apply to comparable messages.
The Equal Access Act
The Equal Access Act is designed to ensure that, consistent with the First Amendment, student
religious activities are accorded the same access to public school facilities as are student secular
activities.
General Provisions
Student religious groups at public secondary schools have the same right of access to school
facilities as is enjoyed by other comparable student groups. Under the Equal Access Act, a school
receiving federal funds that allows one or more student noncurriculum related clubs to meet on its
premises during noninstructional time may not refuse access to student religious groups.
Prayer Services and Worship Exercises Covered
A meeting, as defined and protected by the Equal Access Act, may include a prayer service,
Bible reading, or other worship exercise.
(Continued)
2000
7170R
4 of 4
Instruction
SUBJECT:
RELIGIOUS EXPRESSION IN THE PUBLIC SCHOOLS (Cont’d.)
Equal Access to Means of Publicizing Meetings
A school receiving federal funds must allow student religious groups meeting under the Equal
Access Act to use the school media -- including the public address system, the school newspaper, and
the school bulletin board -- to announce their meetings on the same terms as other noncurriculum
related student groups are allowed to use the school media. Any policy, rule or regulation concerning
the use of school media must be applied to all noncurriculum related student groups in a
nondiscriminatory manner. Schools, however, may inform students that certain groups are not school
sponsored.
Lunch Time and Recess Covered
A school creates a limited open forum under the Equal Access Act, triggering equal access rights
for religious groups, when it allows students to meet during their lunch periods or other
noninstructional time during the school day, as well as when it allows students to meet before and after
the school day.
2000
7220R
Instruction
SUBJECT: CONTROVERSIAL ISSUES
1)
Opportunities should be provided within the instructional program to study controversial issues
under competent guidance. At all grade levels these opportunities should be provided students
according to their maturity.
2)
The study of controversial issues should at all times be objective and scholarly with a minimum
emphasis on opinion. The teacher must approach the issue in an impartial and unprejudicial
manner and must refrain from using the classroom to promote a partisan point of view. All sides
to any issue should be presented.
3)
Planning for the teaching of any controversial issue must be carried out with the
acknowledgment of the building administrator as to the topic, materials used, guest speakers, etc.
The administrator, being informed, is better able to support the teacher and the instruction
regarding concerns, questions, and/or challenges to what is being attempted.
Students and/or parents/guardians are to be informed before beginning a planned unit of study
which may be controversial in nature.
The intent of this regulation in no way implies that a spontaneous discussion of an issue can not
be held when the occasion arises.
4)
In discussing controversial issues, the teacher should keep in mind that the classroom is a forum
and not a committee for producing resolutions or solutions. The class should feel no
responsibility for reaching an agreement.
5)
The consideration of any issue should require only as much time as is needed for satisfactory
study by the class, but sufficient time should be provided to cover the issue adequately.
6)
It is the teacher’s responsibility to bring out the facts concerning controversial questions. He/she
has the right to express an opinion, but in doing so it is important that students understand it is
his/her opinion and is not to be accepted by them as an authoritative answer.
7)
Any criticism and/or challenge to the teaching of a controversial issue is to be handled by the
building principal with the teacher involved. If the complaint includes a challenge to
instructional materials, the procedure for requesting reconsideration of library or instructional
materials may be initiated.
2000
7230R
Instruction
SUBJECT: REGULATIONS REGARDING THE FAIR USE OF COPYRIGHTED
MATERIAL
Pursuant to Section 107 of the Copyright Law (the Fair Use provisions), the use of copyrighted
material for criticism, comment, news reporting, teaching, scholarship, or research may be permitted
under certain circumstances.
The following must be considered when applying the Fair Use provisions of the copyright law:
1)
The purpose and character of the use, including whether such use is of a commercial nature
or is for nonprofit educational purposes;
2)
The nature of the copyrighted work;
3)
The amount and substantiality of the portion used in relation to the copyrighted work as a
whole; and,
4)
The effect of the use upon the potential market for or value of the copyrighted work.
These guidelines are not intended to define all possible practices that come within the standard of
fair use but represent the minimum permissible standards of educational fair use under Section 107 of
Title 17 of the United States Code.
It is advisable that written permission be obtained from the owners of the copyright before using
any copyrighted material.
2000
7230R.1
Instruction
SUBJECT:
GUIDELINES FOR OFF-AIR RECORDING OF BROADCAST
PROGRAMMING FOR EDUCATIONAL PURPOSES
The purpose of these guidelines is to provide standards for both owners and users of copyrighted
television programs. These guidelines apply only to off-air recording by non-profit education
institutions.
1)
A broadcast program may be recorded off the air simultaneously with broadcast
transmission. The program may be retained for a period of 45 consecutive calendar days
after the day of broadcast. Upon conclusion of this period, all off-air recordings must be
erased or destroyed immediately.
2)
During the first ten (10) consecutive school days the off-air recordings may be used once
by individual teachers in the course of relevant teaching activities, and repeated once only
when instructional reinforcement is necessary.
3)
Off-air recordings may be made only at the request of and used by individual teachers. A
program may be recorded only once for the same teacher.
4)
A limited number of copies may be reproduced to meet the needs of all the teachers. Each
copy shall be subject to the provisions governing the original recording.
5)
After the first ten (10) consecutive days, off-air recordings may be used only for evaluation
purposes; e.g. to determine curriculum needs and possible purchase of the recording.
6)
An off-air recording need not be used in its entirety; however, alterations may not be made
in the original recording.
7)
All copies of the off-air recording must include the copyright notice from the broadcast
program as recorded.
8)
Educational institutions are expected to establish appropriate control procedures to
maintain the integrity of these guidelines.
2000
7230R.2
1 of 2
Instruction
SUBJECT: GUIDELINES FOR CLASSROOM COPYING IN NOT-FOR-PROFIT
EDUCATIONAL INSTITUTIONS
A single copy may be made, for a teacher’s use to aid in teaching or preparing to teach, of the
following:
1)
A chapter from a book;
2)
An article from a periodical or newspaper;
3)
A short story, short essay or short poem;
4)
A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
Multiple copies (not more than one (1) per student in the course) may be made if:
1)
It is a poem of not more than 250 words;
2)
It is an excerpt from a longer poem, not to contain more than 250 words;
3)
It is an article, story or essay of less than 2500 words;
4)
It is an excerpt from any prose work not to exceed 1000 words or 10% of the complete
work, whichever is less;
5)
It is one chart, graph, diagram, drawing, cartoon or picture per book or periodical issue;
6)
The copying is at the instance and inspiration of the individual teacher, and the inspiration
and decision to use the work and the moment that it is to be used are so close together in
time that permission for use would not be received in time;
7)
The copying of material is for one course in the school in which the copies are made;
8)
It is not more than one short poem, article, story, essay or two excerpts from the same
author, nor more than three works from the same collective works;
9)
It does not exceed 9 instances of such multiple copying for one course during one class
term.
(Continued)
2000
7230R.2
2 of 2
Instruction
SUBJECT: GUIDELINES FOR CLASSROOM COPYING IN NOT-FOR-PROFIT
EDUCATIONAL INSTITUTIONS (Cont’d.)
A teacher or other staff member may not copy:
1)
To create or replace or substitute for anthologies, compilations or collective works;
2)
Works that are termed “consumable” such as workbooks, exercises, tests, and answer
sheets;
3)
To substitute for the purchase of books, publishers’ reprints, or periodicals;
4)
Materials in violation of the copyright law, even if directed by higher authority;
5)
If it is the same item by the same teacher from term to term;
6)
If students are charged more than the actual cost of the copying;
7)
Without including the copyright notice.
2000
7230R.3
Instruction
SUBJECT:
GUIDELINES FOR EDUCATIONAL USES OF MUSIC
1)
Only emergency copies may be made to replace lost or damaged purchased copies to be used at a
performance when a purchased replacement would not arrive on time. This may be done
provided a replacement copy is purchased in due course.
2)
Sheet music may not be copied unless the music is on order and has not yet been received by the
teacher. Any copies must be destroyed once the purchased materials are received.
3)
Printed copies which have been purchased may be edited or simplified provided that the
fundamental character of the work is not changed or altered.
4)
A single copy of recordings of performances by students may be made for evaluation or
rehearsal purposes. This may be retained by the institution or teacher.
5)
A single copy of a sound recording (tape, disc or cassette) or copyrighted music may be made
from sound recordings owned by an educational institution or individual teacher for the purpose
of constructing aural exercises or examinations and may be retained by the educational
institution or teacher.
Music
A teacher or other staff member may not:
1)
Copy to create or replace or substitute for anthologies, compilations or collective works.
2)
Copy works or from works intended to be "consumable" in the course of study or of
teaching such as workbooks, exercises, standardized test answer sheets and similar
material.
3)
Copy for the purpose of performance.
4)
Copy for the purpose of substituting for the purchase of music.
5)
Copy without the inclusion of the copyright notice which appears on the printed copy.
2000
7230R.4
Instruction
SUBJECT:
GUIDELINES FOR AUDIOVISUAL MATERIALS
A teacher or other staff member may:
1)
Create a slide or overhead transparency series from multiple sources as long as creation
does not exceed 10 percent of photographs in one source (books, magazine, filmstrips, etc.)
unless the source forbids photographic reproduction.
2)
Create a single overhead transparency from a single page of a “consumable” workbook.
3)
Reproduce selected slides from a series as long as reproduction does not exceed 10 percent
of total nor excerpting “the essence”.
4)
Excerpt sections of a film for a local videotape (not to be shown over cable) if excerpting
does not exceed 10 percent of the total nor “the essence” of the work.
5)
Copy stories or literary excerpts on tape and duplicate them as long as similar material is
not available for sale.
A teacher or other staff member may not:
1)
Duplicate tapes unless reproduction rights were given at time of purchase.
2)
Reproduce musical works or convert to another format (e.g., - record to tape).
3)
Reproduce commercial materials individually or in sets (including multimedia kits), if
available for sale separately.
4)
Reproduce any AV work in its entirety for any purpose.
5)
Convert one media format to another unless permission is secured, including reading a
story onto cassette tape for reading motivation.
2006
7230R.5
Instruction
SUBJECT: GUIDELINES FOR USE OF COPYRIGHTED MATERIALS
AS IT RELATES TO COMPUTER SOFTWARE
A teacher or other staff member may create:
1) another copy of a computer program already owned by Nassau BOCES if the new copy created is an
essential step in the utilization of the computer program in conjunction with a machine and that it is not used
in any other manner; or
2) another copy of a computer program already owned by Nassau BOCES if the new copy is for archival
purposes only to be held in the event that the working copy is destroyed or no longer functions; however, all
archival copies must be destroyed in the event that Nassau BOCES’ continued, rightful possession of the
computer program ceases.
A teacher or other staff member may not:
1) Create new copies while using a disk-sharing system.
2) Create replacement copies from an archival or back-up copy.
3) Load a copyrighted program into several computers or a network from the same diskette and use them at the
same time.
4) Make multiple copies of the printed documents that accompany copyrighted software.
5) Use illegally copied software in the schools or offices.
2000
7230P
1 of 2
Instruction
SUBJECT:
OBTAINING PERMISSION TO USE COPYRIGHTED MATERIALS
Responsibility
Action
User
1)
a. Locates a source containing the desired
material.
b. Submits information to the BOCES’ copyright
officer on the request form (7230F).
Copyright Officer
2)
a. Determines by looking in the source if the
publisher owns the copyright or attributes
it to someone else.
b. Writes to the owner of the copyright for
written permission to use the material
(7230F.1).
Includes in the letter:
(1)
Request for written permission to use the
material.
(2)
Specific information related to the
material to be used.
(3)
Nature of the publication or use in which
the material will be included.
(4)
Number of editions of publication to be
published (if applicable).
(5)
Number of copies to be printed.
(6)
Approximate length of
publication will be in use.
(7)
People to whom publication will be
distributed.
(Continued)
time
the
2000
7230P
2 of 2
Instruction
SUBJECT:
OBTAINING PERMISSION TO USE COPYRIGHTED MATERIALS (Cont’d.)
Responsibility
Action
Copyright Officer (Cont’d.)
(8)
Price of publication or intention to
distribute gratis.
(9)
Request for the acknowledgment from
the publisher.
(10) Date by which information is needed.
Publishing Company
3)
Responds in writing, granting or
permission to use copyrighted material.
Copyright Officer
4)
After receiving response from the owner of the
copyright, notifies user of decision.
User
5)
a. If granted permission, uses the material
requested as per conditions outlined in the
request or according to conditions set forthby
the publishing company granting permission.
b. If denied, does not use the material.
denying
7230F
REQUEST FOR OBTAINING PERMISSION TO USE COPYRIGHTED MATERIAL
TO:
BOCES’ Copyright Officer
FROM:
Name ___________________________________________________________________
School __________________________________________________________________
Address _________________________________________________________________
Department _______________________________________________________________
I am seeking permission to use the following copyrighted material:
Title ____________________________________________________________________
Author __________________________________________________________________
Publisher ________________________________________________________________
Address _________________________________________________________________
City __________________________ State ________________ Zip ________________
Copyright Date ____________________________________________________________
Nature of publication or use in which the material will be included ____________________________
__________________________________________________________________________________
__________________________________________________________________________________
Number of editions of publication to be published (if applicable) _____________________________
Number of copies to be printed or reproduced ____________________________________________
Approximate length of time the publication will be in use ___________________________________
People to whom publication will be distributed ___________________________________________
Price of Publication:
__________ Distributed Free of Charge
__________ Fee Charged $_________.
7230F.1
TO:
Permissions Department
We request permission to copy the following copyrighted materials:
Materials to be copied _______________________________________________________________
Number of copies to be made ________________________
Number of editions of publication to be published (if applicable) _____________________________
Copy medium ______________________________________________________________________
Intended use of copies _______________________________________________________________
Anticipated date of first use ___________________________________________________________
Intended distribution of copies ________________________________________________________
If we have not heard from you within 45 days, we shall assume that permission to duplicate has
been granted.
Thank you for your cooperation. I am enclosing a copy of this request for your files with my
signature and a self-addressed envelope for the return of the original request.
____________________________________________
(Signature)
TO BE COMPLETED BY COPYRIGHT OWNER/PUBLISHER AND RETURNED TO THE
ADDRESS ABOVE:
Title _______________________________________ Date ________________________________
Permission granted
Permission denied 
Conditions or details ________________________________________________________________
__________________________________________________________________________________
Signature _________________________________________________________________________
2006
7231R
Instruction
SUBJECT:
COMPUTER EQUIPMENT REPLACEMENT
Overview
The computer is an important instructional tool. Generally speaking, computers will be
upgraded every four years unless it is determined by the department staff in question that the computes
can be used for a longer period of time. It is understood that some computers may be useable for
programs after the recommended replacement period.
Requests for a new computer are based upon one or more of the following:
 Capability to run all applications being taught in the lab or classroom.
 Capability to run new applications that might be taught within the next academic year.
 Age of computer.
Adopted: 2/28/07
2000
7240R
Instruction
SUBJECT:
TEXTBOOK SELECTION AND ADOPTION
Overview
The textbook is an important instructional tool. It provides a common body of subject matter
material designed to implement an approved course of study.
Procedure
1)
Requests for a new or supplementary textbook may originate with the individual teacher,
administrator, department or grade level.
2)
Requests for a change or addition in textbook material together with justification are to be
directed to the building principal for review. If the request is approved by the building
principal, the Selection Process as outlined will be used.
Selection Process
1)
As curriculum is under constant review and change, concurrent studies should be
conducted to find and to select the necessary texts and other instructional materials to
support that curriculum.
2)
When needs are defined, the securing of sample texts and related material from various
sources is an important first step in the selection process.
3)
Every effort should be made to utilize a selection committee. Teachers from related fields,
reading and library specialists, and building administrators are other appropriate sources for
committee membership.
4)
An evaluation form is available for use in the review of textbooks.
Approval
A requisition describing the selected material is to be submitted to the building principal for
approval.
The requisition is then submitted to the BOCES Office for consideration in formulating a
proposed budget. As required by law, any textbook being requisitioned that supersedes one that has
been in use for a period of less than five years must be approved by a majority vote of the Board of
Education.
7240F
BASAL TEXT ADOPTION FORM
________________
Date
__________________________
Department
_______________________________
Submitted by:
Current Text _______________________________________________________________________
Author(s) ________________________________________ Edition _________________________
Publishing Co. ____________________________________ Copyright _______________________
Proposed Text _____________________________________________________________________
Author(s) ________________________________________ Edition _________________________
Publishing Co. ____________________________________ Copyright _______________________
Readability Level _________________________________
Grade level of targeted population ____________ Approximate Number of Students ____________
Cost of each text: $ _____________ Total Cost: $_______________
Reasons for adoption of new text: (State the weaknesses of the current text and strengths of the new
text. Also indicate what other texts were reviewed.)
List any auxiliary materials you plan to purchase along with the text. (Teacher’s Manual, audiovisual
aids, tests for duplication, workbooks, etc.) Indicate the expense involved for each and specify whether
that expense is a one-time expense or annual.
Item _________________ Cost ___________
Item _________________ Cost ___________
Item _________________ Cost ___________
Item _________________ Cost ___________
Item _________________ Cost ___________
Approval:
$ ______
$ ______
$ ______
$ ______
$ ______
( ) Once ( ) Annual
( ) Once ( ) Annual
( ) Once ( ) Annual
( ) Once ( ) Annual
( ) Once ( ) Annual
Department Chairperson: _________________________________________________
Building Principal: ______________________________________________________
Superintendent/Board: ___________________________________________________
2000
7310R
1 of 2
Instruction
SUBJECT:
FIELD TRIP/GENERAL GUIDELINES
The following information is provided to assist staff in planning for field trips and transmitting
requests for approval. All transportation involving BOCES students must be processed and approved
by the Building Principal, and in cases in which BOCES vehicles and/or drivers are to be used,
approval of the Superintendent or his/her designee is also required.
The approved Field Trip Request Form must be on file in the principal’s office prior to the
beginning of the trip. A copy is also to be on file in the Pupil Transportation Office before
transportation can be scheduled. The forms must be kept on file for the duration of the school year.
Definitions
1)
A field trip is an approved BOCES sponsored and planned activity, involving students,
which takes place away from the traditional school setting. Included are all events and
activities outside of the school for which participation, cooperation, or support of the
activity is under the control of the school principal. When a field trip is considered, it must
be examined to assure that the trip is:
a. Appropriate to the curriculum;
b. Appropriate to the level of maturity of the students; and
c. Within a reasonable distance from the school.
2)
Student transportation includes any mode of transportation necessary to transport students
on an approved educational and/or recreational field trip. Such forms of transportation may
include:
a. Private Contractor Charter Buses etc.
b. BOCES School Buses
c. Private Passenger Car
3)
A volunteer driver may be a community volunteer, an employee of the Nassau BOCES, or
an employee of another agency, who transports BOCES students on school sponsored trips
in a passenger vehicle registered to the driver and/or the driver’s spouse, or another agency,
not to the BOCES. A volunteer driver must:
a. Be 25 years of age or older.
b. Give no reasonable evidence of impaired ability to drive.
c. Possess and present non-probationary driver’s license, auto registration, and proof of
auto insurance.
d. Give evidence of compliance with any restrictions noted on the driver’s license (e.g.,
eyeglasses).
e. Present the vehicle for inspection by the building principal.
(Continued)
2000
7310R
2 of 2
Instruction
SUBJECT:
4)
FIELD TRIP/GENERAL GUIDELINES (Cont’d.)
Emergency situations are those instances when a staff member may be asked to provide
transportation for a student under some unexpected emergency circumstances. An
emergency covers those instances which occur without prior notice and for which neither
the parent/guardian or the BOCES is able to provide transportation.
Although not mandated as a condition of employment, the cooperation of all staff is sought
in providing emergency transportation for students in need.
5)
A Walking Field Trip is defined as those excursions that involve taking students off school
grounds but within walking distance of the school so that no other form of transportation is
needed.
6)
Overnight Field Trips include local, out of state or out of country trips which require that
students obtain overnight accommodations.
The following guidelines should be adhered to if a field trip or other group absence is planned:
1)
Obtain and complete proper forms three (3) weeks prior to the trip during school hours and
six (6) weeks prior to the trip if overnight.
2)
Secure parent/guardian permission.
3)
Notify cafeteria staff of the number of students who will be out of the building at lunch
time. If you wish to order milk for a field trip, please contact the cafeteria two (2) days in
advance.
4)
If students are left behind, it is the teacher’s responsibility to provide coverage by other
faculty members and to provide any materials (plans) needed.
5)
Please prepare and submit to the Attendance Officer by the morning before a scheduled trip
a list of all students who will be on the field trip or other activity. Attendance should be
taken at the beginning of the trip and the Attendance Officer notified of any students who
are missing.
2000
7310R.1
Instruction
SUBJECT: OUT OF COUNTRY TRIPS
1)
All out of country trips that use BOCES funds, equipment, or personnel must be sanctioned by
the Board of Education.
2)
Federal funds will not be used for any out of country trips.
3)
Students involved in out of country trips will be expected to behave in an exemplary manner at
all times.
4)
All out of country trips will be supervised by a staff member of the Nassau BOCES.
5)
Reports on out of country trips will be given to the Superintendent by the staff member in charge
within a reasonable time after the trip has been concluded.
2000
7310R.2
Instruction
SUBJECT:
PARENTAL PERMISSION: SCHOOL SPONSORED TRIPS
Authorized school sponsored trips are considered an integral part of the student’s education.
Attendance rules, therefore, are the same as for a regular school day - mandatory.
Building principals are responsible for authorizing school trips. Decisions are to be based on
educational value, safety of staff and students, and availability of funds.
Parental permission must be received for each school trip which includes any trip off the school
premises.
2000
7310P
Instruction
SUBJECT:
FIELD TRIPS (DURING SCHOOL HOURS)
Responsibility
Teacher
Action
1)
a. Discusses field trip with principal.
b. Completes field trip request form if necessary
and submits formal written request to
principal at least three weeks before trip.
c. Submits Field Trip Instructional Plan to
principal at least three weeks prior to the
scheduling of a trip during school hours.
Principal
2)
a. Approves field trip.
b. Forwards field
Superintendent.
Superintendent
3)
trip
request
form
to
a. Approves or disapproves request.
b. If disapproves, notifies principal.
or
c. If
approves,
forwards
Transportation Supervisor.
Teacher
4)
a. Secures parental permission.
b. Selects chaperones.
c. Collects any fees.
d. Makes final arrangements.
request
to
2000
7310P.1
Instruction
SUBJECT:
FIELD TRIPS (OVERNIGHT)
Responsibility
Teacher
Action
1)
a. Submits field trip request form, if necessary,
with details regarding lodging, meals,
chaperones, etc. to the building principal.
b. Submits Field Trip Instructional Plan to
Principal at least 6 weeks prior to the
scheduling of an overnight field trip.
Principal
2)
a. If disapproves, returns field trip request and
informs teacher of decision.
b. If approves, forwards
Superintendent.
Superintendent
3)
request
to
the
request
to
a. Approves or disapproves request.
b. If
approves,
forwards
Transportation Supervisor.
c. If disapproves, returns request to building
principal who notifies teacher of rejection.
d. Notifies building principal of Board action.
Principal
4)
Submits Superintendent’s decision to teacher. If
approved, makes appropriate arrangements with
teacher.
Teacher
5)
Makes final arrangements for trip.
2000
7310P.2
Instruction
SUBJECT:
OUT OF COUNTRY TRIPS
Responsibility
Action
Organization
1)
Submits request and rationale for out-of-country
trip to the building administrator at least three
months prior to proposed trip.
Building Administrator
2)
Notifies Superintendent of request for trip along
with recommendation of rejection or approval.
Superintendent
3)
a. Reviews request and recommendations of
building administrator.
b. Provides School Board with information
regarding the request and rationale.
School Board
4)
Makes decision on request for trip.
Superintendent
5)
Notifies appropriate building administrator of
Board decision.
Building Administrator
6)
Notifies organization of Board decision.
7310F
1 of 3
FIELD TRIP INSTRUCTIONAL PLAN
INSTRUCTIONS
Prepare in triplicate and submit via the principal to the Superintendent for approval at least six
(6) weeks prior to the scheduling of an overnight field trip and three (3) weeks prior to the
scheduling of a trip during school hours.
IDENTIFICATION
School ________________________________ Submitted by _______________________________
Destination ________________________________________________________________________
Departure ____________________
Date
________________
Time
________________________________
Location
Return
______________
Time
________________________________
Location
____________________
Date
Number of participating staff _______ Name(s) __________________________________________
__________________________________________________________________________________
Is bus transportation needed? ________ Approximate number of miles round trip _______________
Are substitutes needed? ____________
Will consent forms be secured from all parents/guardians? ___________
INSTRUCTION OBJECTIVES (Be specific. Include prerequisites, proficiency level desired and
measurement)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
ACTIVITIES
Preparation (How will the students be prepared for the trip as an instructional activity?)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(Continued)
7310F
2 of 3
FIELD TRIP INSTRUCTIONAL PLAN (Cont’d.)
ACTIVITIES (Cont’d.)
On trip (What instructional activities will occur on the trip?)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Follow-up (Upon return, what activities will occur to enrich the experience and to determine if the
objectives were achieved?)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
CORRELATION (Name the subject matter area(s) to which the experiences of this trip will
correlate; explain in what way the trip correlates)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
PROVISIONS FOR CONTINUITY OF SCHOOL WORK
What instructional provisions have been made to help participants keep up with other classes that they
will miss?
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
What specific plans have been made for the continued instruction of those students who will not
participate in the field trip project?
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
(Continued)
FIELD TRIP INSTRUCTIONAL PLAN (Cont’d.)
7310F
3 of 3
PRINCIPAL’S REMARKS
Approved ____________ Not Approved __________
__________________________________________________________________________________
Signature
Date
Comments: ________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
SUPERINTENDENT’S REMARKS
Approved __________ Not Approved __________
__________________________________________________________________________________
Signature
Date
Comments: ________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
7310F.1
NASSAU TECHNOLOGICAL CENTER
NORTH CENTER
234 Glen Cove Road
Carle Place, NY 11514
(516)622-5600
FIELD TRIP PERMISSION SLIP
Dear Parents:
As an integral part of the curriculum, the class will take various field trips throughout the school
year. By signing this form you give your child permission to attend these trips and no other form will
be required if the trip is conducted within the BOCES schedule.
No fee is incurred. I understand that your child may go only if his/her homework, notebooks and
conduct have been acceptable prior to the date of the trip.
This trip has been planned as part of the students’ classroom activity. Transportation will be
provided. BOCES is not responsible for accidental injury to any child as we do not carry medical
reimbursement insurance and coverage.
**********************************************************************************
PARENTAL PERMISSION
I grant permission for my son/daughter ____________________________________________ to
attend Educational Field Trips during the course and agree to the conditions noted in the special
instructions above.
Date _____________________________
Course ___________________________
Teacher’s Signature ________________________________________________
Parent/Guardian Name and Contact Phone Number:
__________________________________________________________________________________
__________________________________________________________________________________
Parent/Guardian Signature
Date
7310F.2
1 of 2
Board of Cooperative Educational Services
Nassau County
REQUEST FOR TRANSPORTATION FIELD TRIP
Environmental Education _______
Occupational Education _______
Special Education______
Person Booking Trip ________________________________________
Today’s Date _________
District _________________________________
School _________________________________
Age level _______________________________
Program ________________________________
Day of the week __________________________
Pick-up at ______________________________
Date(s) of trip ____________________________
Departure time from school ________________
Departure time from location ________________
For overnight trips:
Departure date __________________________
Departure time from school _________________
Anticipated time of arrival at site _______________________________________________________
Departure date from site __________________
Departure time from site ____________________
Anticipated time of arrival at school _____________________________________________________
Name of teacher(s) making trip ________________________________________________________
Name of teacher in charge ____________________________________________________________
Number of different classes ________________
Total number of children ___________________
Number of additional adults ___________________________________________________________
Exact name and address of trip location __________________________________________________
__________________________________________________________________________________
Person to contact at location ___________________________________________________________
Purpose of trip ______________________________________________________________________
Special requests/needs _______________________________________________________________
__________________________________________________________________________________
(Continued)
7310F.2
2 of 2
Board of Cooperative Educational Services
Nassau County
REQUEST FOR TRANSPORTATION FIELD TRIP (Cont’d.)
To be completed by department chairman, coordinator, or assistant principal
Approved by ________________________
Title ___________________
Date _______________
To be completed by Transportation Department
Date received ______________________________
Date given to contractor _________________
Approved by _______________________________
Contractor ____________________________
Rejected by _________________________________
Phone _______________________________
Reason ____________________________________
Cost per bus __________________________
___________________________________________
Total cost ____________________________
NASSAU BOCES ADMINISTRATIVE INDEX
Indicator Number
ACCIDENTS .................................................................................................................................... 7520
ADVERTISING IN THE SCHOOLS .............................................................................................. 3272
AIDS/HIV ......................................................................................................................................... 5141
ALCOHOL, DRUGS AND OTHER SUBSTANCES .................................................................. 5160
and
6220
ATTENDANCE ................................................................................................................................ 6110
ATTENDANCE (MINIMAL) .......................................................................................................... 7111
ATTENDANCE AREAS.................................................................................................................. 7130
ATTENDANCE RECORDS ............................................................................................................ 7122
BOCES EXTRACLASSROOM ACTIVITIES FUND .................................................................... 4443
BOMB THREATS, FIRE DRILLS AND BUS EMERGENCY DRILLS ....................................... 7111
BOOSTER CLUBS .......................................................................................................................... 3260
BUDGET PLANNING AND DEVELOPMENT ............................................................................. 4110
BUS DRIVER QUALIFICATIONS ................................................................................................. 5760
BUS EMERGENCY DRILLS .......................................................................................................... 7111
BUS RULES AND REGULATIONS: DRIVERS ........................................................................... 5750
BUS RULES AND REGULATIONS: STUDENTS ........................................................................ 7340
CENSORSHIP OF SCHOOL SPONSORED STUDENT PUBLICATIONS AND
ACTIVITIES ......................................................................................................................... 7411
CHAPERONES ................................................................................................................................ 7410
CHILD ABUSE ................................................................................................................................ 6430
CLASS ATTENDANCE AND COURSE COMPLETION ............................................................. 7111
COMMITTEE ON SPECIAL EDUCATION (CSE)........................................................................ 7640
COMMUNICABLE DISEASES ...................................................................................................... 4543
COMMUNITY USE OF SCHOOL FACILITIES ........................................................................... 2220
COMPENSATION AND RELATED BENEFITS ........................................................................... 5320
NASSAU BOCES ADMINISTRATIVE INDEX (Cont’d.)
Indicator Number
COMPETITIVE BIDS AND QUOTATIONS ................................................................................. 4311
COMPLAINTS AND GRIEVANCES BY EMPLOYEES .............................................................. 5170
COMPLAINTS AND GRIEVANCES BY STUDENTS ................................................................. 6461
CONTESTS FOR STUDENTS, STUDENT AWARDS AND SCHOLARSHIPS ......................... 7430
CONTROVERSIAL ISSUES ........................................................................................................... 7220
CORPORAL PUNISHMENT .......................................................................................................... 6211
COPYRIGHTED MATERIALS (USE OF) ..................................................................................... 7230
CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES ........................................... 7222
CRISIS RESPONSE ......................................................................................................................... 5682
DISCIPLINE (STUDENT CONDUCT) .................................................................................... 6216 and
6219
DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND
OTHER SAFETY-SENSITIVE EMPLOYEES .................................................................. 4521.3
DRUG-FREE WORKPLACE .......................................................................................................... 5161
EARLY GRADUATION.................................................................................................................. 7221
EARLY WARNING SIGNS OF STUDENT VIOLENCE .............................................................. 2412
EMERGENCY CLOSINGS ............................................................................................................. 3510
EMERGENCY MANAGEMENT PLAN ........................................................................................ 4542
EMPLOYEE PERSONNEL RECORDS AND RELEASE OF INFORMATION .......................... 5220
EVALUATION OF THE SUPERINTENDENT AND OTHER ADMINISTRATIVE
STAFF................................................................................................................................... 3120
EVALUATION OF PERSONNEL: PURPOSES ............................................................................ 5130
EXPOSURE CONTROL PROGRAM ............................................................................................. 4560
EXTRACURRICULAR ACTIVITIES ............................................................................................ 7410
EXTRACURRICULAR ACTIVITIES FUNDS .............................................................................. 4443
FACILITIES: INSPECTION, OPERATION AND MAINTENANCE ........................................... 4511
FAMILY AND MEDICAL LEAVE ACT ....................................................................................... 5340
FIELD TRIPS ................................................................................................................................... 7310
NASSAU BOCES ADMINISTRATIVE INDEX (Cont’d.)
Indicator Number
FIRE DRILLS, BOMB THREATS AND BUS EMERGENCY DRILLS ....................................... 7111
FLAG DISPLAY .............................................................................................................................. 2130
FUND RAISING BY STUDENTS ................................................................................................. 2251 and
7450
GRADUATION REQUIREMENTS
(SELECTION OF VALEDICTORIAN AND SALUTATORIAN) ..................................... 7220
GUIDELINES FOR USE OF COPYRIGHTED MATERIALS AS IT RELATES TO
COMPUTER SOFTWARE .............................................................................................................. 7230
GUN-FREE SCHOOLS .................................................................................................................... 6241
HOME INSTRUCTION (PERMANENT) ....................................................................................... 8470
HOME TUTORING (TEMPORARY) ............................................................................................. 8450
HOMEWORK................................................................................................................................... 8440
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES ................................. 5141
IMMUNIZATION OF STUDENTS ................................................................................................. 7511
INDEPENDENT STUDY ................................................................................................................ 8430
INDEPENDENT EDUCATIONAL EVALUATIONS .................................................................... 7680
INSTRUCTION FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY ....................... 8280
INVESTMENTS ............................................................................................................................... 4210
LETTERS OF REFERENCE ........................................................................................................... 5180
LIMITED ENGLISH PROFICIENCY INSTRUCTION ................................................................. 8280
MAINTENANCE OF PUBLIC ORDER ON BOCES PROPERTY ............................................... 2410
MINIMAL ATTENDANCE ............................................................................................................. 7111
NEWS MEDIA RELATIONS .......................................................................................................... 2111
NON-RESIDENT STUDENTS ........................................................................................................ 7131
NOTIFICATION OF SEX OFFENDERS ........................................................................................ 6432
OBJECTION TO INSTRUCTIONAL MATERIALS ...................................................................... 8330
OPERATION OF MOTOR DRIVEN VEHICLES ON BOCES PROPERTY ................................ 3290
PERSONAL PROPERTY ACCOUNTABILITY ............................................................................ 4320
PETTY CASH FUNDS AND CASH IN SCHOOL BUILDINGS .................................................. 4450
NASSAU BOCES ADMINISTRATIVE INDEX (Cont’d.)
Indicator Number
PRESCHOOL SPECIAL EDUCATION PROGRAM ..................................................................... 7614
PRESCRIPTIVE MEDICATION .................................................................................................... 6452
PREVENTION INSTRUCTION ...................................................................................................... 7113
PRINCIPLES OF PURCHASING ................................................................................................... 4310
PROFESSIONAL GROWTH/STAFF DEVELOPMENT .......................................................
PROTECTION OF PUPIL RIGHTS AMENDMENT ..................................................................... 6225
PUBLIC ACCESS DEFIBRILLATION (“PAD”) PROGRAM ...................................................... 4545
PUBLIC ACCESS TO RECORDS .................................................................................................. 2310
PUBLIC COMPLAINTS .................................................................................................................. 2240
QUALIFICATIONS OF BUS DRIVERS ........................................................................................ 5760
RACIAL HARASSMENT (STUDENTS) ....................................................................................... 7550
RECORDS MANAGEMENT .......................................................................................................... 4570
RECRUITMENT .............................................................................................................................. 5150
RELIGIOUS CONTENT OF AWARDS CEREMONIES AND HOLIDAY PROGRAMS ........... 7170
REQUEST FOR PART 100 VARIANCE OR PART 200 INNOVATIVE PROGRAM
WAIVER FROM COMMISSIONER’S REGULATIONS .................................................. 8120
SAFETY CONDITIONS AND PROGRAMS ................................................................................. 7110
SAFETY AND HEALTH MANAGEMENT ................................................................................... 4540
SAFETY AND SECURITY ............................................................................................................. 4530
SALE AND DISPOSAL OF BOCES PROPERTY ......................................................................... 4431
SCHOOL BUS SAFETY PROGRAM ............................................................................................. 5750
SCHOOL CONDUCT AND DISCIPLINE ...................................................................................... 6216
SCHOOL FOOD SERVICE PROGRAM (LUNCH AND BREAKFAST) ..................................... 5660
SCHOOL SPONSORED MEDIA .................................................................................................... 2111
SCHOOL VOLUNTEERS ............................................................................................................... 2230
SCREENING OF NEW SCHOOL ENTRANTS ............................................................................. 7121
SEARCHES AND INTERROGATIONS ........................................................................................ 6230
SELECTION OF LIBRARY AND AUDIOVISUAL MATERIALS .............................................. 8320
SEX OFFENDERS -- NOTIFICATION OF ................................................................................... 6432
BASE ADMINISTRATIVE INDEX (Cont’d.)
Indicator Number
SEXUAL HARASSMENT (BOCES PERSONNEL) ...................................................................... 5121
SEXUAL HARASSMENT (STUDENTS) ...................................................................................... 6440
SOLICITATION OF CHARITABLE DONATIONS FROM SCHOOL CHILDREN ................... 2251
SPORTS AND THE ATHLETIC PROGRAM ................................................................................ 7420
STAFF USE OF COMPUTERIZED INFORMATION RESOURCES ........................................... 5260
STUDENT INDIVIDUALIZED EDUCATION PROGRAM ......................................................... 7640
STUDENT RECORDS: ACCESS AND CHALLENGE ................................................................. 6320
STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES..................................... 6214
STUDENTS WITH DISABILITIES ................................................................................................ 7120
SUICIDE ........................................................................................................................................... 7540
SUSPENSION .................................................................................................................................. 6212
TARDY MEDICAL INSURANCE PREMIUMS ............................................................................ 5311
TEMPORARY PERSONNEL.......................................................................................................... 5151
TEXTBOOKS/WORKBOOKS ........................................................................................................ 7240
TRANSITION SERVICES .............................................................................................................. 7641
TUTORING ...................................................................................................................................... 8450
USE OF COPYRIGHTED MATERIALS ........................................................................................ 7230
USE OF BOCES-OWNED MATERIALS AND EQUIPMENT ..................................................... 2221
USE OF NASSAU BOCES VEHICLES ...................................................................................... 4521.2
VISITORS TO BOCES FACILITIES, SCHOOLS AND PROGRAMS ......................................... 2210
VOLUNTEERS ................................................................................................................................ 2230
WEAPONS IN SCHOOL ................................................................................................................. 6240