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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 1 of 7 Non-Instructional/Business 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 2 of 7 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 3 of 7 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 4 of 7 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 4210R 5 of 7 Non-Instructional/Business Operations 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 7 of 7 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 1 of 2 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 2 of 2 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 1 of 3 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. 2000 4542R 1 of 2 Non-Instructional/Business Operations 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) 2000 4542R 2 of 2 Non-Instructional/Business Operations 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. 4542F 1 of 3 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) 4542F 2 of 3 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) 4542F 3 of 3 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 4542F.1 1 of 3 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) 4542F.1 2 of 3 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) 4542F.1 3 of 3 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 2000 4543R 1 of 5 Non-Instructional/Business Operations 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) 2000 4543R 2 of 5 Non-Instructional/Business Operations 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) 2000 4543R 3 of 5 Non-Instructional/Business Operations 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) 2000 4543R 4 of 5 Non-Instructional/Business Operations 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) 2000 4543R 5 of 5 Non-Instructional/Business Operations 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. 2005 4545R 1 of 6 Non-Instructional/Business Operations 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. 2005 4545R 2 of 6 Non-Instructional/Business Operations 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. 2005 4545R 3 of 6 Non-Instructional/Business Operations 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 2005 4545R 4 of 6 Non-Instructional/Business Operations 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 2005 4545R 5 of 6 Non-Instructional/Business Operations 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. 2005 4545R 6 of 6 Non-Instructional/Business Operations 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 2000 4560R 1 of 2 Non-Instructional/Business Operations 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) 2000 4560R 2 of 2 Non-Instructional/Business Operations 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. 2000 4560R.1 Non-Instructional/Business Operations 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 1 of 5 Non-Instructional/Business Operations 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 4560R.2 2 of 5 Non-Instructional/Business Operations 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) 2000 4560R.2 3 of 5 Non-Instructional/Business Operations 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 4 of 5 Non-Instructional/Business Operations 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 4560R.2 5 of 5 Non-Instructional/Business Operations 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 2 of 2 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 _________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 2000 4570R 1 of 2 Non-Instructional/Business Operations 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) 2000 4570R 2 of 2 Non-Instructional/Business Operations 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 1 of 2 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 2 of 2 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 2 of 2 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 1 of 3 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 2 of 3 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 3 of 3 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 1 of 3 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) 2000 7111R.1 3 of 13 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 4 of 13 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 5 of 13 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) 2000 7111R.1 6 of 13 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) 2000 7111R.1 8 of 13 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 9 of 13 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) 2000 7111R.1 10 of 13 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) 2000 7111R.1 11 of 13 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) 2000 7111R.1 12 of 13 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