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Remsenburg-Speonk

Union Free School District

Board of Education
Policy Manual
Updated July 17, 2012

TABLE OF CONTENTS
SERIES 0000
EDUCATIONAL PHILOSPHY
Educational Philosophy..
Equal Opportunity
Sexual Harassment.
Regulation.
Exhibit....................
Student Bullying Prevention and Intervention.
Regulation.
School District Goals and Objectives.
Goals for Instructional Program.
Evaluation of Professional Staff.
Evaluation of Instructional Programs....

0000
0100
0110
0110-R
0110-E.1,E.2,E.3
0115
0115-R
0200
0210
0330
0350

SERIES 1000
COMMUNITY RELATIONS
Annual District Meeting 1050
School District Records.... 1020
Regulation............. 1020-R
Exhibit......... 1020-E
News Media Relations.. 1130
Use of Students in Public Information Program.. 1140
School Budget and Bond Referenda Information 1150
Public Participation at Board Meetings. 1230
Citizens Assistance to School Personnel. 1310
Regulation 1310-R
Active Assistance by Volunteers to Professional Staff.. 1311
Regulation 1311-R
Public Complaints 1400
Complaints about Policies. 1410
Complaints about Curricula or Instructional Materials.. 1420
Regulation.. 1420-R
Exhibit.. 1420-E
Complaints about School Personnel. 1440
Public Use of School Facilities. 1500
Regulation 1500-R
Exhibit...... 1500-E.1, E.2
Smoking on School Premises... 1530
Relationship with Non-Public Schools. 1740

Parental Involvement.. 1900


Interpreters for Hearing-Impaired Parents.. 1925
Exhibit 1925-E.1, E.2
SERIES 2000
SCHOOL BOARD OPERATIONS
School Board Legal Status
School Board Officer and Employee Ethics.
Regulation
Exhibit....
Board Reorganization Meeting.
Board Committees..
Shared Decision-Making and School-Based Planning.
School Attorney...
School Board Meetings
Regular Meetings
Special Meetings
Executive Sessions
Notice of Meetings..
Agenda Format....
Agenda Preparation and Dissemination.
Board Meeting Procedures
Quorum.................
Rules of Order......
Voting Method.....
Minutes.................
News Media Services at Board Meetings
Board Hearings
School Board Policies
Regulation
School Board Conferences, Conventions,
Work Sessions, Workshops.
Membership in School Boards Associations..
Board Member Compensation and Expenses

2100
2160
2160-R
2160-E
2210
2250
2265
2270
2300
2310
2320
2330
2340
2341
2342
2350
2351
2352
2353
2360
2381
2390
2410
2410-R
2521
2530
2550

SERIES 3000
ADMINISTRATION
Superintendent of Schools.. 3100
Placement Decisions 3200

SERIES 4000
INSTRUCTION
Curriculum Management....
Display of the Flag
Regulation.....
Program Accessibility for Students with Disabilities
Programs for Students with Disabilities.......
Regulation.
Space Provision for Students with Disabilities
Preschool Special Education...
Regulation
Independent Educational Evaluations..
Impartial Hearing Officers...
Individualized Education Program Distribution..
Testing of Hearing Aids Worn by Students with Disabilities
Impartial Hearing Officer Appointment and Compensation..
Limited English Proficiency Instructions..
Regulation.
Library Media Selection..
Computer Network and Internet Use Policy
Exhibit
Field Trip Policy Guidelines
Regulation.
Pupil-Teacher Ratio.
Homework.............
Guidance...
Diploma Access for Students with Disabilities

4200
4311.1
4311.1-R
4320
4321
4321-R
4321.1
4321.2
4321.2-R
4321.3
4321.4
4321.5
4321.6
4321.8
4326
4326-R
4513
4526.1
4526.1-E
4531
4531-R
4532
4533
4600
4773

SERIES 5000
STUDENTS
Equal Educational Opportunities
Racial Harassment of Students
Regulation
Students with Disabilities pursuant to Section 504
Student Complaints and Grievances
Regulation..........
Student Attendance....
Regulation
Compulsory Attendance Ages..
Entrance Age.......
School Admissions...

5020
5020.2
5020.2-R
5020.3
5030
5030-R
5100
5100-R
5130
5140
5150

Admission of Non-Resident Students. 5152


Regulation.
5152-R
Truancy and Tardiness
5161
Student Early Dismissal Precautions
5162
Regulation.
5162-R
Released Time for Religious Instruction
5163
Students with HIV-Related Illness..
5191
Regulation........ 5191-R
Exhibit...................... 5191-E
Student Fundraising Activities 5251
Code of Conduct. 5300
Student Dress Code 5300.20
Care of School Property by Students.. 5300.25
Student Discipline.. 5300.35
Suspension of Pupils. 5300.36
Visitors to the Schools..
5300.6
Public Conduct on School Property.... 5300.65
Regulation .....
5300.65-R
Prohibited Conduct
5312
Wellness.................. 5405
Student Health Services 5420
Regulation........ 5420-R
Form. 5420-F
Concussion Management 5420.1
Requests for Exemption from Immunization.
5420.2
Regulation..
5420.2-R
Exhibit................. 5420.2-E
Drug and Alcohol Abuse 5440
Child Abuse Prevention & Reporting Procedures.. 5460
Student Records.. 5500
Confidentiality and Access to the Records
Of Students with Disabilities 5500.1
Regulation. 5500.1R
Student Privacy... 5550
SERIES 6000
FISCAL MANAGEMENT
ESEA Title I Program Parent Involvement
Investments..........
Regulation
Exhibit........
Petty Cash...........
Regulation

6231
6240
6240-R
6240-E
6670
6670-R

Purchasing...........
Regulation
Exhibit
Expense Reimbursement
Regulation.

6700
6700-R
6700-E
6830
6830-R

SERIES 8000
SUPPORT SERVICES
Prohibition of Firearms and Other Weapons
In School Facility and on School Grounds
Use of Cell Phones
Use of Credit Cards
Student Transportation..
Alcohol and Drug Testing of Bus Drivers
Regulation..
Exhibit.....
Use of Private Vehicles on School Business....
Student Meal Charge Policy.
Exhibit..
Staff Meal Charge Policy..
Computer Resources
Regulation..
Information Security Breach and Notification
Regulation..

8100
8332
8334
8400
8414.5
8414.5-R
8414.5-E
8422
8510
8510 E.1, E.2
8511
8630
8630-R
8635
8635-R

SERIES 9000
PERSONNEL
Staff Complaints and Grievances.
Regulation
Personnel Records.
Meals and Refreshments..
Conditional Appointment & Emergency Conditional
Appointment Student Safety Policy
Drug-Free Workplace
Regulation..
Staff Development of Special Education Staff...
Retirees Health Insurance Benefits

9140.1
9140.1-R
9160
9170
9260
9320
9320-R
9700.1
9701

0000
EDUCATIONAL PHILOSOPHY
The mission of the Remsenburg-Speonk School District in partnership with parents and community
is to prepare the student to be an informed, caring and productive member of our ever-changing
global society.
The Board of Education is dedicated to educating students to develop desired moral, ethical, and
cultural values, to stimulate and expand a continual learning process and to cultivate an
understanding and appreciation of the rights and responsibilities of American citizens, which will
enable them to function effectively as independent individuals in a democratic society.
The educational program will provide each child with the fundamental academic skills and basic
knowledge required for his/her maximum educational development, the opportunity for each child to
develop his/her interests and abilities to the fullest extent according to his/her individual potential,
and special services to promote the physical, mental and emotional development of each child. It is
the district's goal to foster in students good work habits, integrity, self-discipline, good
sportsmanship, self-confidence and a sense of purpose. Extracurricular activities will be offered
when possible to enhance the academic program.
The Board encourages parents and teachers to offer their expertise in helping to develop a school
environment that is academically challenging, psychologically satisfying and socially fulfilling for
students at all levels. The objectives of an educational program are best realized when mutual
understanding, cooperation, and effective communications exist among the home, community and
school.

Adopted: September 11, 2006

0100
EQUAL OPPORTUNITY
The Board of Education, its officers and employees, shall not discriminate against any student,
employee, or applicant on the basis of race, color, national origin, creed, religion, marital status, sex,
age, or disability.
This policy of nondiscrimination includes: access by students to educational programs, counseling
services for students, course offerings, and student activities; as well as recruitment and
appointment of employees and employment pay, benefits, advancement and/or terminations.
The Board authorizes the Superintendent of Schools to establish such rules, regulations and
procedures necessary to implement and maintain this policy.
Ref:

Americans with Disabilities Act, 42 U.S.C. 12133


Civil Rights Act of 1964, Title VI, 42 U.S.C. 2000C-d
Civil Rights Act of 1964, Title VII, 42 U.S.C. 2000C-e
Executive Order 11246, as amended by E.O.11375 Equal Pay Act, as
amended by the Education Amendments of 1972
Title IX, Education Amendments of 1972, 20 U.S.C. 1681
Rehabilitation Act of 1973 504, 29 U.S.C. 794
Education for All Handicapped Children Act of 1975

Adopted: September 11, 2006

0110
SEXUAL HARASSMENT
The Remsenburg-Speonk Union Free School District (the "School district") is committed to a policy
of non-discrimination within all programs and activities on the basis of race, creed, color, religion,
sex, age, disability, national origin or marital status. In addition, sexual harassment of employees
and students is specifically prohibited as a form of illegal discrimination under the terms of Title VII of
the Civil Rights Action of 1964, as amended, 42 U.S.C. 2000(e) et seq.; EEOC Guidelines on Sexual
Harassment; Title IX of the Education Amendments of 1972, and New York Executive Law 296. In
addition, sexual harassment of employees or students is specifically prohibited as a form of illegal
discrimination under the terms of Title VII of the Civil Rights Act of 1964, as amended, 42 SE
2000(e) et seq.
In keeping with this commitment, the school district hereby adopts a strict policy prohibiting sexual
harassment which is to be defined as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when (1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for employment decisions affecting such
individual, or (3) such conduct has a purpose or effect reasonably interfering with an
individual's work or learning performance or creating an intimidating, hostile or offensive
working or school environment.
Sexual harassment, as defined above, may include, but is not limited to the following:
A.
B.
C.
D.
E.
F.
G.
H.

uninvited letters, telephone calls or materials of a sexual nature;


uninvited or deliberate touching, leaning over, cornering or pinching;
uninvited sexually suggestive looks or gestures;
uninvited pressure for sexual favors;
uninvited pressure for dates;
uninvited sexual teasing, jokes, remarks or questions;
an "environment" which includes pictures or articles portraying men and women as sex
objects; and
attempt or actual rape or assault.

Sexual harassment, as interpreted by the courts, generally falls within one of two broad categories:
A.
B.

situations in which the person is confronted with an implied or explicit threat concerning the
terms and conditions of his or her employment or grades or participation in school activities.
situations in which harassment creates an offensive, abusive or hostile work or school
environment.

0110
It is the commitment of the Remsenburg-Speonk Union Free School District to create a climate free
of sexual harassment and, on that basis, will take those measures, on a continuing basis, which can
assure that, through education, information and sensitization, the staff and students of the School
district are aware of the unacceptable nature of sexual harassment in any of its forms. This
policy/commitment will be disseminated to all members of the Remsenburg-Speonk Union Free
School District community, including its professional and non-professional staff, as well as parents
and students. The district will, on a regular basis, discuss at faculty meetings, student assemblies,
and other appropriate forums, the matter of the need to establish and foster and environment which
would evidence no indications of sexual harassment afflicting any member of the school district
community, including employees and students.
Any person who believes that he or she has suffered sexual harassment shall report such to the
Assistant Superintendent for Personnel & Instruction who shall be the "complaint officer" for sexual
harassment complaints. It is recognized that reportings may be made by teachers,
non-professional staff members, students or parents who may have been informed of an incident or
circumstance which could rise to the level of sexual harassment.
Resolution Procedure
The Assistant Superintendent for Personnel & Instruction or Building Principal will initiate an
investigation within ten (10) working days of receiving a written or oral complaint (if oral, the
Assistant Superintendent for Personnel & Instruction or Building Principal is to reduce such to
writing).
The investigation may include, but not be limited to, interviews with relevant parties or other
individuals possessing information as to allegations of sexual harassment; examinations of all
pertinent employment records; and a considering of any other information able to be obtained
relating to the alleged complaint. The Title IX Compliance Officer may be asked to participate in the
investigation. The Assistant Superintendent for Personnel & Instruction or Building Principal is to
reduce to writing the specifics of the complaint, if such complaint was made to him/her orally.
The individual against whom allegations of sexual harassment have been made may file a written
response to the statement, or if the response is oral, the Assistant Superintendent for Personnel &
Instruction or Building Principal shall reduce to writing said response. Should the complaint be made
against a student, the student's parent or guardian will be given the opportunity to review the written
complaint and to assist in the written response to the complaint.
The Assistant Superintendent for Personnel & Instruction or Building Principal shall make a written
report of the investigation no later than twenty (20) working days from the receipt of the initial
reporting. The written report shall be submitted to the Superintendent of Schools.
The report shall include any recommended disciplinary action and any other proposed resolution of
the grievance.

0110
Upon completion of the investigation, the Assistant Superintendent for Personnel & Instruction or
Building Principal may attempt to affect a satisfactory resolution of the complaint among all relevant
parties. If a resolution is able to be agreed upon, such shall be reduced to writing and signed by the
Assistant Superintendent for Personnel & Instruction or Building Principal, the parties and the
Superintendent of Schools. Each signatory shall be provided with a copy of the agreement.
If a resolution is not able to be established, the complainant or the accused may appeal the written
findings of fact and recommendations of the Assistant Superintendent for Personnel & Instruction or
Building Principal to the Superintendent.
If the recommendation of the Assistant Superintendent for Personnel & Instruction or Building
Principal is upheld by the Superintendent, the proposed disciplinary measures, if any, are to then be
imposed in order to provide due process to the charged offender.
If the parties and the school district, acting through the Assistant Superintendent for Personnel &
Instruction or Building Principal, are unable to agree to the disposition of the matter, it shall be the
responsibility of the Superintendent to determine what further action should be taken. If termination
of employment or any other discipline provided for under the terms of 75 of the Civil Service Law, if
applicable, or 3020-a of the Education Law, if applicable is deemed appropriate, the statutory
procedures for such shall be commenced upon the recommendation of the Superintendent to the
Board.
If the investigation reveals that sexual harassment has occurred, appropriate sanctions will be
imposed in a manner consistent with any applicable law, district policies and regulations and
collective bargaining agreements. Depending on the gravity of the misconduct, sanctions may
range from a reprimand up to and including dismissal of an employee or suspension of a student.
Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to
disciplinary action in the manner prescribed by law and consistent with any applicable provisions in
the district's policy manual or collective bargaining agreements. If the investigation reveals that no
sexual harassment has occurred, or if the complainant is not satisfied with the remedial action taken
after a finding of sexual harassment, the complainant may appeal to the Superintendent. The
appeal must include a copy of the original complaint, all relevant reports, the specific action being
appealed, and an explanation of why the complainant is appealing.
Throughout the stages of the investigation and any appeal, confidentiality of the complainant,
witnesses, and the charged offender is to be respected.
It is to be specifically noted that under the terms of EEOC guidelines, retaliation against any person
who reports alleged sexual harassment or who testifies, assists or participates in an investigation is
in violation of the terms of the Federal act in implementing regulations pertaining to sex
discrimination, including sexual harassment.
Adopted: September 11, 2006

0110-R
SEXUAL HARASSEMENT REGULATION
In addition to any relevant procedures contained in policy 5030, Student Complaints and
Grievances, the following regulation will implement the Board of Educations policy concerning
sexual harassment of students.
A student can be subject to sexual harassment by a student, employee, Board member or any
individual who foreseeably might come in contact with the student on school grounds or at school
activities. Sexual harassment experienced by students is not always easily recognized. The
following are examples of sexual harassment one should be aware of when dealing with a complaint
of alleged sexual harassment:
1. unwanted sexual behavior, which may include touching, verbal comments, sexual name
calling, spreading sexual rumors, gestures, jokes, pictures, leers, overly personal
conversation, cornering or blocking student's movement, pulling at clothes, attempted
rape and rape;
2. a female student in a predominantly male class subjected to sexual remarks by students
or teachers who regard the comments as joking and part of the usual classroom
environment;
3. impeding a girl's progress in classes, such as industrial arts, by hiding her tools,
questioning her ability to handle the work or suggesting she is somehow "abnormal" for
enrolling in such a class;
4. purposefully limiting or denying female students access to educational tools, such as
computers; and
5. teasing a male student about his enrollment in a home economics class.
Procedures
The Board of Education shall designate a Compliance Officer to carry out the districts
responsibilities associated with compliance with Title IX pursuant to policy 5311.3, Student
Complaints and Grievances. In addition, the Board will designate a second individual for ensuring
compliance with Title IX in regard to sexual harassment so that students who believe that they have
been subjected to sexual harassment will have a second avenue of complaint, if the alleged
harasser is the Compliance Officer.
The Board shall notify all students and employees of the name, office address and telephone
number of both designees. In addition, the Board through this regulation has established grievance
procedures that provide for prompt investigation and equitable resolution of student sexual
harassment complaints.
The Superintendent of Schools shall implement specific and continuing steps to notify students,
parents, employees, and prospective students or employees that the school district does not
discriminate on the basis of sex in the educational programs or activities which it operates as

0110-R
required by Title IX. Such notification shall include publication in: local newspapers; newspapers
and magazines operated by the district or by student, alumnae, or alumni groups for or in connection
with the district; and memoranda or other written communications distributed to every student and
employee.
All reports of sexual harassment will be held in confidence, subject to all applicable laws and any
relevant provisions found in the district's policy manual and collective bargaining agreements.
Consistent with federal and state law, and all applicable provisions contained in the district's policy
manual and collective bargaining agreements, the following procedures shall be employed in
handling any report, investigation and remedial action concerning allegations of sexual harassment:
Students who believe they have been subjected to sexual harassment are to report the incident to
the Compliance Officer or the second designee as described above. The Compliance Officer or
designee shall notify the Building Principal and the Superintendent of all complaints. The student
can pursue his/her complaint informally or file a formal complaint.
Investigation of a Complaint
Upon receipt of a formal or informal complaint, a prompt, thorough and impartial investigation of the
allegations must follow. This investigation is to be conducted diligently. All witnesses shall be
interviewed and if requested, the victim shall speak with an individual of the same sex.
Complainants are to be notified of the outcome of the investigation.
Informal Complaints
In addition to notification to the Compliance Officer or the Boards designee as described above,
students who believe they have been subjected to sexual harassment may request that an informal
meeting be held between themselves and the Building Principal or Superintendent. The student
may also request a meeting with a counselor or administrator of the same sex. Parents or guardians
of the student shall be notified of their right to attend the interview with their child. The purpose of
such a meeting will be to discuss the allegations and remedial steps available.
The Building Principal or Superintendent will then promptly discuss the complaint with the alleged
harasser. The alleged harasser shall be informed of his/her right to representation by counsel.
Should the alleged harasser deny the allegations, the Building Principal or Superintendent is to
inform the complainant of the denial and request a formal written complaint to file with his/her report
to the next level of management on what has transpired to date. If the complainant submits a formal
complaint, a copy of the complaint shall accompany the Building Principals or Superintendent's
report with a recommendation for further action.
Should the harasser admit the allegations, the Building Principal or Superintendent is to obtain a
written assurance that the unwelcome behavior will stop. Depending on the severity of the charges,
the Building Principal or Superintendent may impose further disciplinary action. Thereafter, the

0110-R
Building Principal or Superintendent is to prepare a written report of the incident and inform the
complainant of the resolution. The complainant is to indicate on the report whether or not he/she is
satisfied with the resolution.
If the complainant is satisfied with the resolution, the incident will be deemed closed. However, the
complaint may be reopened for investigation if a recurrence of sexual harassment is reported. The
Building Principal or Superintendent is to inform the complainant to report any recurrence of the
harassment or any retaliatory action that might occur. Should the complainant be dissatisfied with
the resolution, he/she is to file a formal written complaint.
If during the Building Principal or Superintendent's informal attempt to resolve the complaint, the
alleged harasser admits the allegations but refuses to give assurance that he/she will refrain from
the unwelcome behavior, the Building Principal or Superintendent is to file a report with the next
appropriate level in the complaint procedure. The report is to indicate the nature of the complaint, a
description of what occurred when the Building Principal or Superintendent informed the alleged
harasser of the allegations against him/her, the harasser's response to the allegations, and a
recommendation that stronger corrective measures be taken. This report should be accompanied
by the student's formal complaint.
Formal Complaints
Formal complaints may be submitted either to initially report any incidence of sexual harassment, or
as a follow-up to an unsatisfactory resolution of an informal attempt to resolve a complaint. In the
latter case, the formal written complaint is to be submitted to the Building Principal or
Superintendent originally consulted, who will then forward it to the next appropriate level of
management, e.g., the Superintendent or the Board, for appropriate action.
The formal written complaint will consist of any appropriate forms and a copy of any applicable
Building Principal or Superintendent reports. The appropriate forms solicit the specifics of the
complaint, e.g., date and place of incident, description of sexual misconduct, names of any
witnesses, and any previous action taken to resolve the matter.
The Superintendent or the Board shall take immediate, appropriate and corrective action upon a
determination of sexual harassment. The Superintendent or the Board shall notify the complainant
of any findings and action taken.

0110-R
Remedial Action
If the investigation reveals that sexual harassment has occurred, appropriate sanctions will be
imposed in a manner consistent with any applicable law, district policies and regulations and
collective bargaining agreements. Depending on the gravity of the misconduct, sanctions may
range from a reprimand up to and including dismissal of an employee or suspension, or permanent
suspension of a student.
Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to
disciplinary action in the manner prescribed by law and consistent with any applicable provisions in
the district's policy manual or collective bargaining agreements. If the investigation reveals that no
sexual harassment has occurred, or if the complainant is not satisfied with the remedial action taken
after a finding of sexual harassment, the complainant may appeal to the next appropriate level in the
complaint procedure. The appeal must include a copy of the original complaint, all relevant reports,
the specific action being appealed, and an explanation of why the complainant is appealing.
Post Remedial Action
Following a finding of sexual harassment, victims will be periodically interviewed by the appropriate
Building Principal or Superintendent to ensure that the harassment has not resumed and that no
retaliatory action has occurred. In the discretion of the district, these follow-up interviews will
continue for an appropriate period of time. A report will be made of any victim's response.
Complaint Records
Upon written request, complainants should receive a copy of any resolution reports filed by the
Building Principal or Superintendent concerning his/her complaint. Upon substantiation, copies
should also be filed with the student or employment records of both the complainant and the alleged
harasser.
Investigation in the Absence of a Complaint
The Board will, in the absence of a victim's complaint, ensure that an investigation is commenced by
the appropriate individuals, upon learning of, or having reason to suspect, the occurrence of any
sexual harassment.
Adopted: September 11, 2006

0110E.1
SEXUAL HARASSEMENT FORMAL COMPLAINT FORM

Name________________________________________
Position of complainant________________________________
Address________________________________
Phone________________________
Date of complaint___________________
Name of alleged sexual harasser_____________________________
Date and place of incident_____________________________________

Description of misconduct

Name of witnesses (if any)


Has the incident been reported before?
If yes, when? To whom?
What was the resolution?
Reasons for dissatisfaction
Signature______________________________
Complaint received by _________________________
Date
Response received by the person accused of misconduct?
Yes

No

Adopted: September 11, 2006

Date

0110-E.2
SEXUAL HARASSEMENT COMPLAINT APPEAL FORM

Name
Position of complainant
Address

Phone
Date of appeal
Date of original complaint
Have there been any prior appeals?
If yes, when? To whom?
Description of decision being appealed

Why is this decision being appealed?

Signature
Received by
Date

Adopted: September 11, 2006

0110-E.3
SEXUAL HARASSMENT RESOLUTION FORM
RESOLUTION:

AGREED TO BY:
PARTIES
SUPERINTENDENT OF SCHOOLS

Adopted: September 11, 2006

0115
STUDENT BULLYING PREVENTION AND INTERVENTION
The Board of Education is committed to providing an educational and working environment that
promotes respect, dignity and equality. The Board recognizes that harassment, hazing, and
bullying is detrimental to student learning and achievement. It interferes with the mission of the
district to educate its students and disrupts the operation of the schools. Such behavior affects not
only the students who are its targets but also those individuals who participate and witness such
acts.
To this end, the Board condemns and strictly prohibits all forms of harassment, hazing and bullying
on school grounds, school buses and at all school-sponsored activities, programs and events
including those that take place at locations outside the district but that materially and substantially
disrupt the educational process of the school environment and impinge on the rights of others.
Definitions
For purposes of this policy, the term harassment is defined as the creation of a hostile environment
by conduct or by verbal threats, intimidation or abuse that has or would have the effect of
unreasonably and substantially interfering with a students educational performance, opportunities
or benefits, or mental, emotional or physical well-being; or conduct, verbal threats, intimidation or
abuse that reasonably causes or would reasonably be expected to cause a student to rear for his or
her physical safety. The harassing behavior may be based on a persons actual or perceived
race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual
orientation, or gender (identity or expression).
In some circumstances, bullying or harassment may constitute a violation of an individuals civil
rights. The district is mindful of its responsibilities under the law and in accordance with district
policy, 0100 Equal Opportunity and Nondiscrimination and 0110, Sexual Harassment.
For the purposes of this policy, bullying (which is subsumed under the term harassment), is
understood to be a hostile activity which harms or induces fear through the threat of further
aggression and/or creates terror. Bullying may be premeditated or a sudden activity. It may be
subtle or easy to identify, done by one person or a group. Bullying is characterized by:
1. Power imbalance occurs when a bully uses his/her physical or social power over a target.
2. Intent to harm the bully seeks to inflict physical or emotional harm and/or takes pleasure in
this activity.
3. Threat of further aggression the bully and the target believe the bullying will continue.
4. Terror when any bullying increases, it becomes a systematic violence or harassment used
to intimidate and maintain dominance. (Barbara Coloroso, The Bully, the Bullied, and The
Bystander, 2003)

0115
There are at least three kinds of bullying: verbal, physical, and social/relational.
Verbal bullying includes name calling, insulting remarks, verbal teasing, frightening phone
calls, violent threats, extortion, taunting, gossip, spreading rumors, racist slurs, threatening
electronic communications, anonymous notes, etc.
Physical bullying includes poking, slapping, hitting, tripping or causing a fall, choking, kicking
punching, biting, pinching, scratching, spitting, twisting arms or legs, damaging clothes and
personal property, or threatening gestures.
Social or relational bullying includes excluding someone from a group, isolating, shunning,
spreading rumors or gossiping, arranging public humiliation, undermining relationships,
teasing about clothing, looks, giving dirty looks, aggressive stares, etc.
In the remainder of this policy and associated regulation the term bullying will be used to refer to
harassing or hazing behaviors because that is the term most commonly used by students and
parents.
Prevention
The school setting provides an opportunity to teach children, and emphasize among staff, that
cooperation with and respect for others is a key district value. A program geared to prevention is
designed to not only decrease incidents of bullying, but to help students build more supportive
relationships with one another by integrating the bullying prevention program into classroom
instruction. Staff members and students will be sensitized, through district-wide professional
development and instruction, to the warning signs of bullying, as well as to their responsibility to
become actively involved in the prevention of bullying before overt acts occur. The components of
such an effort involve the following:
Learning about and indentifying the early warning signs and precursor behaviors that may
lead to bullying.
Gathering information about bullying at school directly from students.
Establishing clear school wide and classroom rules and bullying.
Training adults in the school to respond sensitively and consistently to bullying.
Providing adequate adult supervision, particularly in less structured areas such as in the
hallways, cafeteria and playground.
Raising parental awareness and involvement in addressing problems.
Providing instruction in civility, citizenship and character education that emphasizes
tolerance and respect for others.
In order to implement this program the Superintendent will establish a district wide Task Force on
Bullying Prevention, as well as Bullying Prevention Coordinating Committees in each school. The
district-wide task force and the school level committee will assist the administration in developing
and implementing specific procedures on early identification of bullying and other preventive

0115
strategies. In addition, the program will include reporting, investigating, remedying and tracking
allegations of bullying.
Intervention
Intervention by adults and bystanders is an important step in preventing escalation and resolving
issues at the earliest stages. Intervention will emphasize education and skill-building. In addition,
intervention will focus upon the safety of the target/victim. Staff is expected, when made aware of
bullying, to either refer the student to designated resources for assistance, or to intervene in
accordance with this policy and regulation.
Training
The Board recognizes that in order to implement an effective bullying prevention and intervention
program, professional development is needed. The Superintendent and the district Professional
Development Team will incorporate training to support this program in the annual professional
development plan, as needed. Training opportunities will be provided for all staff, including but not
limited to bus drivers, cafeteria and hall monitors and all staff who have contact with students. In
accordance with state law, the Superintendent shall ensure that at least on staff member is
thoroughly trained in human relations in the areas of race, color, weight, national origin, ethnic
group, religion, religious practice, disability, sexual orientation, gender and sex.
Reporting
Students who have been bullied, parents whose children have been bullied or other students who
observe bullying behavior are encouraged to make a verbal and/or written complaint to a teacher,
coach, bus driver, social worker, counselor, supervisor, or administrator in accordance with the
training and guidelines provided. At all times, complaints will be documented, tracked and handled
in accordance with the regulations and procedures accompanying this policy, or, if applicable,
district policy 0100, Equal Opportunity and Nondiscrimination or 0100, Sexual Harassment, and the
districts Code of Conduct. Incidents will be included in the Violent and Disruptive Incident
Reporting (VADIR) system, when applicable.
Disciplinary Consequences
While the focus of this policy is on prevention, bullying acts may still occur. In these cases,
offenders will be given the clear message that their actions are wrong and the behavior must
improve. Offenders will receive in-school guidance in making positive choices in their relationships
with others. If appropriate, disciplinary action will be taken by the administration in accordance with
the districts Code of Conduct, as applicable. If the behavior rises to the level of criminal activity,
law enforcement will be contacted.

0115
Non Retaliation
All complainants and those who participate in the investigation of a complaint in conformity with
state law and district policies, who have acted reasonably and in good faith, have the right to be free
from retaliation of any kind.
Dissemination, Monitoring and Review
This policy, or a plain language summary, shall be published in student registration materials,
student, parent and employee handbooks, and posted on the districts website.
Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to
assess its effectiveness and compliance with state and federal law. If changes are needed,
revisions will be recommended to the Board for its consideration.
In addition, the Board will receive the annual VADIR data report for each building and for the district
as a whole, with particular attention to the trends in the incidence of bullying. Based on the review
of the data, the Board may consider further action, including but not limited to modification of this
policy and additional training.
Cross-ref:

Ref:

0100, Equal Opportunity and Nondiscrimination


0100, Sexual Harassment
5300, Code of Conduct

Dignity for All Students Act, Education Law, 10 18


Americans with Disabilities Act, 42 U.S.C. 12101 et seq.
Title VI, Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.
Title VII, Civil Rights Act of 1964 42 U.S.C. 200e et.seq.; 34 CFR 100 et seq.
Title IX, Education Amendments of 1972, 20 U.S.C. 1681 et seq.
504, Rehabilitation Act of 1973, 29 U.S.C. 794
Individuals with Disabilites Education Law, 20 U.S.C. 1400 et seq.
Executive Law 290 et seq. (New York State Human Rights Law)
Education Law 313(3), 3201, 3201-a
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
Gebser v. Lago Vista Independent School District, 524 U.S., 274 (1998)
Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
Burlington Industries v. Ellerth, 524 U.S. 742 (1998)
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)
Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)

Adopted: February 28, 2011

0115-R
STUDENT BULLYING PREVENTION AND INTERVENTION
REGULATION
Reporting and Investigation
In order for the Board of Education to effectively enforce this policy and to take prompt corrective
measures, it is essential that all victims and persons with knowledge of bullying report such behavior
immediately to the Superintendent or the Director of Special Education as soon as possible after the
incident so that it may be effectively investigated and resolved. The district will promptly
investigate all complaints, either formal or informal, verbal or written. To the extent possible, all
complaints will be treated in a confidential manner, although limited disclosure may be necessary to
complete a thorough investigation.
In order to assist investigators, individuals should document the harassment, hazing, bullying as
soon as it occurs and with as much detail as possible including: the nature of the incident(s);
witnesses to the incident(s); and the victims response to the incident.
If, after appropriate investigation, the district finds that a student, an employee or a third party has
violated this policy, prompt corrective action will be taken in accordance with the code of conduct,
applicable collective bargaining agreement, district policy and state law. If the reported behavior
constitutes a civil rights violation, the complaint procedure associated with either policy 0100 or
0110 will be followed, as applicable.
Confidentiality
It is district policy to respect the privacy of all parties and witnesses to complaints of bullying. To
the extent possible, the district will not release the details of a complaint or the identity of the
complainant or the individual(s) against whom the complaint is filed to any third parties who do not
need to know such information. However, because an individuals need for confidentiality must be
balanced with the districts legal obligation to provide due process to the accused, to conduct a
thorough investigation, or to take necessary action to resolve the complaint, the district retains the
right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to
individuals with a need to know. The staff member responsible for investigating complaints will
discuss confidentiality standards and concerns with all complainants.
If a complainant requests that his/her name not be revealed to the individual(s) against whom a
complaint is filed, the staff member responsible for conducting the investigation shall inform the
complainant that:
1.
2.
3.
4.

the request may limit the districts ability to respond to his/her complaint;
district policy and federal law prohibit retaliation against complainants and witnesses;
the district will attempt to prevent any retaliation; and
the district will take strong responsive action if retaliation occurs.

0115-R
If the complainant still requests confidentiality after being given the notice above, the investigator
will take all reasonable steps to investigate and respond to the complaint consistent with the request
as long as doing so does not preclude the district from responding effectively to the bullying and
preventing the bullying of other students.
Investigation and Resolution Procedure
A. Initial (Building-level) Procedure
Wherever a complaint of bullying is received whether verbal or written, it will be subject to a
preliminary review and investigation. Except in the case of severe or criminal conduct, the
Superintendent or Director of Special Education should make all reasonable efforts to resolve
complaints informally at the school level. The goal of informal procedures is to end the bullying and
obtain a prompt and equitable resolution to a complaint.
As soon as possible, but no later than three working days following receipt of a complaint, the
Superintendent or Director of Special Education should begin an investigation of the complaint by:
Reviewing any written documentation provided by the victim(s).
Conducting separate interviews of the victim(s), alleged perpetrator(s), and witnesses, if any,
and documenting the conversations.
Providing the alleged perpetrator(s) a chance to respond and notify him/her that if
objectionable behavior has occurred, it must cease immediately and that the individual may
be subject to discipline.
Parents of student victims and accused students should be notified within one school day of
allegations that are serious or involve repeated conduct.
Where appropriate, informal methods may be used to resolve the complaint, including but not
limited to:
a) discussion with the accused, informing him or her of the districts policies and indicating
that the behavior must stop;
b) suggesting counseling, skill building activities and/or sensitivity training;
c) conducting training for the department or school in which the behavior occurred, calling
attention to the consequences of engaging in such behavior;
d) requesting a letter of apology to the victim;
e) writing letters of caution or reprimand; and/or
f) separating the parties.
Appropriate disciplinary action shall be recommended and imposed in accordance with district
policy, the applicable collective bargaining agreement or state law.

0115-R
The Superintendent or the Director of Special Education shall report back to both the victim and the
accused, notifying them in writing, and also in person, as appropriate, regarding the outcome of the
investigation and the action taken to resolve the complaint. The victim shall report immediately if
the objectionable behavior occurs again or if the alleged perpetrator retaliates against him/her.
If a complaint contains evidence or allegation of serious or extreme bullying, the complaint shall be
referred promptly to the Superintendent. In addition, where the Superintendent or the Director of
Special Education has a reasonable suspicion that the alleged bullying incident involves criminal
activity, he or she should immediately notify the Superintendent, who shall then contact the school
attorney, appropriate child protection and law enforcement authorities.
Any party who is not satisfied with the outcome of the initial investigation by the Superintendent or
the Director of Special Education may request a district-level investigation by submitting a written
complaint to the Superintendent within 30 days.
B. District Level Procedure
The Superintendent or his/her designee shall promptly investigate and resolve all bullying
complaints that are referred to him/her, as well as those appealed to the Superintendent following
an initial investigation by a Superintendent or the Director of Special Education. In the event the
complaint involves the Superintendent, the complaint shall be filed with or referred to the Board of
Education President, who shall refer the complaint to an appropriate individual for investigation.
The district level investigation should begin as soon as possible but not later than three working
days following receipt of the complaint by the Superintendent or Board President.
In conducting the formal district level investigation, the district will endeavor to use individuals who
have received formal training regarding such investigations or that have previous experience
investigation such complaints.
If a district investigation results in a determination that bullying did occur, prompt corrective action
will be taken to end the misbehavior.
No later than 30 days following receipt of the complaint, the Superintendent (or in cases involving
the Superintendent, the Board-appointed investigator) will notify the victim and alleged perpetrator,
in writing, of the outcome of the investigation. If additional time is needed to complete the
investigation or take appropriate action, the Superintendent or Board-appointed investigator will
provide all the parties with a written status report within 30 days following the receipt of the
complaint.

0115-R
Retaliation Prohibited
Any act of retaliation against any person who opposes bullying behavior or who has filed a
complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise,
retaliation against any person who has testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing of a bullying complaint is prohibited. For purposes of this
policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule,
bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other
form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to
and including suspension or termination.
Discipline/Penalties
Any individual who violates this policy by engaging in prohibited bullying will be subject to
appropriate disciplinary action. Disciplinary measures available to school authorities include, but
are not limited to the following:
Students:

Discipline may range from a reprimand up to and including suspension from


school, to be imposed consistent with the student conduct and discipline policy
and applicable law.

Employees:

Discipline may range from a warning up to and including termination, to be


imposed consistent with applicable contractual and statutory rights.

Volunteers:

Penalties may range from a warning up to and including loss of volunteer


assignment.

Vendors:

Penalties may range from a warning up to and including loss of district


business.

Other Individuals:

Penalties may range from a warning up to and including denial of future access
to school property.

Training
All students and employees shall be informed of this policy in student and employee handbooks, on
the district website and student registration materials. A poster summarizing the policy shall also
be posted in a prominent location at each school.
All employees shall receive information about this policy and regulation at least once a year.
Administrative employees and other staff, such as counselors or social workers, who have specific
responsibilities for investigating and/or resolving complaints of bullying shall receive yearly training
to support implementation of this policy, regulation and on related legal developments.

0115-R
Principals in each school shall be responsible for informing students and staff on a yearly basis of
the terms of this policy, including the procedures for filing a complaint and the impact of bullying on
the victim and bystanders.
Training needs in support of this bullying prevention and intervention program will be reflected in the
districts annual professional development plan, in curriculum and will be considered in the budget
process.
Adopted: February 28, 2011

0200
SCHOOL DISTRICT GOALS AND OBJECTIVES
To further its educational philosophy, the Board of Education establishes the following goals and
objectives:
1. To ensure that all students receive a highquality education; one that is appropriate
and successfully prepares students for the future.
2. To employ the best possible school staff, including both professional and support
personnel;
3. To encourage the development of positive and supportive interpersonal relationships
among the students, the staff and members of the community;
4. To ensure that staff, students, and parents are afforded opportunities for meaningful
participation in the development and evaluation of programs and policies;
5. To strive for maximum efficiency in the use of district resources to meet the goals and
objectives of the various programs and services;
6. To provide educational programs and services which fulfill the needs of the district and
comply with Commissioner's Regulations ; and
7. To promote the development of programs and services which encourage cooperative
interaction between the communityatlarge and district staff and students.

Adopted: September11, 2006

0210
GOALS FOR INSTRUCTIONAL PROGRAM
The specific statements of goals that follow are all in terms of the districts expectation for students.
Each student will master communication and computation skills as a foundation to:
think logically and creatively;
apply reasoning skills to issues and problems;
comprehend written, spoken, and visual presentations in various media;
speak, listen to, read, and write clearly and effectively in English;
perform basic mathematical calculations;
speak, listen to, read, and write at least one language other than English;
use current and developing technologies for academic and occupational pursuits; and
Determine what information is needed for particular purposes and be able to acquire, organize,
and use that information for those purposes.
Each student will learn methods of inquiry and knowledge gained through the following
disciplines and use the methods and knowledge in interdisciplinary applications:
A.
B.
C.
D.
E.

english language and literature;


history and social science;
mathematics;
natural sciences and technology; and
language and literature in at least one language other than English.

Each student will acquire knowledge, understanding, and appreciation of the artistic, cultural,
and intellectual accomplishments of civilization, and develop the skills to express personal
artistic talents. Areas include:
A. ways to develop knowledge and appreciation of the arts;
B. aesthetic judgments and the ability to apply them to works of art;
C. ability to use cultural resources of museums, libraries, theaters, historic sites, and performing
arts groups;
D. ability to produce or perform works in at least one major art form;
E. materials, media, and history of major art forms; and
F. understanding of the diversity of cultural heritages.
Each student will respect and practice basic civic values and acquire the skills, knowledge,
understanding and attitudes necessary to participate in democratic selfgovernment. Included are:
A. Understanding and acceptance of the values of justice, honesty, selfdiscipline, due process,
equality, and majority rule with respect for minority rights;

0210
B. Respect for self, others, and property as integral to a selfgoverning, democratic society; and
C. Ability to apply reasoning skills and the process of democratic government to resolve societal
problems and disputes.
Each student will develop the ability to understand and respect people of different race, sex, ability,
cultural heritage, national origin, religion, and political, economic, and social background, and their
values, beliefs, and attitudes.
Each student will acquire knowledge of the ecological consequences of choices in the use of the
environment and natural resources.
Each student will develop general career skills, attitudes, and work habits and make a
selfassessment of career prospects. Students not directly pursuing post secondary education will
acquire entrylevel employment skills.
Each student will learn knowledge, skills, and attitudes which enable development of:
A. selfesteem;
B. the ability to maintain physical, mental, and emotional health; and
C. an understanding of the ill effects of alcohol, tobacco, and other drugs.
Each student will develop a commitment to a lifetime learning with the capacity for undertaking new
studies, synthesizing new knowledge and experience with the known, and refining the ability to
judge.
The district fully accepts the concept that learning is a life long process, and toward this end actively
encourages people of all ages to participate in a wide range of activities. Responsibility for
education shall be shared by the family, schools and other organizations in the community.

Adopted: September 11, 2006

0330
EVALUATION OF PROFESSIONAL STAFF
Scope:

This policy relates to the evaluation of the teaching qualifications of the teachers in our
school.

Purpose:

The purpose of this policy is to inform and guide all concerned regarding teacher
evaluation in our school.

Policy:

It is the policy of the Board of Education of this school district to require regular and
consistent evaluation of each teacher in our school to measure teaching effectiveness
and personal interest in professional growth and improvement.

The Superintendent is responsible for making all teacher evaluations in accordance with the
recommendation and regulations of the New York State Department of Education and the demands
of each teaching situation.

Adopted: September 11, 2006

0350
EVALUATION OF INSTRUCTIONAL PROGRAMS
The Board of Education recognizes that education is a continuous process that can not be
satisfactorily achieved without the coordination and cooperation of all components of the entire
system. To achieve the highest quality of education on all levels, a critical appraisal of the
program as it operates in each school and at each level is essential. The Superintendent of
Schools shall develop standards and procedures for the evaluation of instructional programs.
The purposes of evaluating the instructional programs are to:
1. indicate instructional strengths and weaknesses;
2. provide information needed for advance planning;
3. provide data for public information;
4. show the relationship between achievement and the school system's stated goals;
and
5. Check on the suitability of the instructional program in terms of community
requirements.
The elements of evaluation may include but shall not be limited to:
1. testing programs, such as nationally standardized general achievement tests, national
standardized tests in specific subject areas, and tests administered by other agencies;
2. study of school achievement records and followup studies of students;
3. curriculum studies undertaken by faculty committees;
4. evaluation by State Education Department specialists and services;
5. evaluation by other organizations and agencies.
A continuing evaluation will be conducted at the school and systemwide level. Evaluation may be
expected to lead to recommendations for changes, modifications, and revisions of current practices,
content, courses, and instructional materials. The needs as shown by this evaluation will be listed
on a priority basis. School improvement programs will be aimed at meeting these needs.
The administration shall submit an annual report to the Board stating the strengths and weaknesses
of the school program. Plans for correcting the weaknesses will be a part of the report. This
report will be presented at the August Board of Education meeting in order that the Board may over

0350
see the development and maintenance of the educational program.
The employment of an independent evaluator for a particular service or function may be in the best
interest of the school district. The Superintendent may recommend Board approval of the
employment of an independent evaluator, the service to be evaluated, and the person to serve as
the evaluator.
The Board shall receive regular reports of the results of instructional program evaluations.
Adopted: September 11, 2006

1050
ANNUAL DISTRICT MEETING
The annual district meeting shall be held on the third Tuesday in May unless otherwise changed
by action of the Commissioner of Education to vote on the following items:
1. to adopt the annual budget;
2. to fill any vacancies on the Board of Education; and
3. to vote on any special propositions that have been properly presented.
The District Clerk shall publish a notice of the time and place of the annual meeting at least four
times within the seven weeks prior to the meeting. The first publication of the notice shall be at
least fortyfive (45) days prior to the meeting in two newspapers having general circulation within the
district.
At the annual meeting, the Board must present a detailed statement of the sums necessary for the
various expenditures of the district for the coming year. A budget hearing may also be held thirty
(30) days prior to the annual meeting and vote.
Copies of the budget will be available in each district school building for taxpayers upon request at
the time of the annual meeting and fourteen (14) days (other than Saturday, Sunday and holidays)
prior to the meeting. Notice of the availability of copies of the budget must be included in the notice
of the annual meeting. Additionally, the announcement and introduction of candidates for the Board
will be made, as well as the presentation and explanation of any special propositions contained in
the notice of the annual meeting. At a Board meeting held before the annual meeting, the Board
shall appoint assistant clerks and election inspectors necessary for the annual meeting and
election.
Propositions
The Education Law provides that school Boards have the authority to adopt reasonable rules
and regulations concerning the submission of petitions to the Board to place propositions on the
ballot which may amend the budget. Pursuant to those provisions, the Board establishes the
following guidelines:
1. Unless otherwise provided by the Education Law, petitions for the submission of a
proposition must contain a minimum of one hundred (100) signatures of qualified
voters of the district, or five percent (5%) of the number of voters at the last annual
election, whichever is greater.
2. Petitions must be presented to the District Clerk at least sixty (60) days prior to the
annual meeting to facilitate the preparation and printing of the ballots.

1050
3. Propositions must include the specific appropriations necessary for the purposes
listed.
4. Wording of a petition must comply with legal requirements. If not, it may be changed
or altered by the Board, or the Board may reject a petition for failure to comply.
Propositions received in accordance with these specifications will be placed on the ballot as
amendments and will be voted upon by the voters in the same manner as the proposed budget,
except that the Board shall not be required to place any proposition on the ballot which is within the
exclusive province of the Board, or otherwise forbidden by law.
The Board may also, on its own motion, submit propositions.
Ref: Education Law 1703(2); 1716; 2002; 2013; 2022(2); 2035(2); 2105
Adopted: September 11, 2006

1120
SCHOOL DISTRICT RECORDS
It shall be the policy of this school district to make available to the public all materials and records
required to be made public pursuant to Article 7 of the New York Public Officers Law, known as the
Freedom of Information Law of the State of New York.
The Superintendent of Schools shall develop regulations ensuring compliance with the Freedom of
Information Law and governing the procedures to be followed to obtain access to district records,
and submit such regulations to the Board for approval. The Superintendent shall designate, with
Board approval, a Records Access and Records Management Officer, pursuant to law.
Retention and Destruction of Records
The Board here by adopts as policy the Records Retention and Disposition Schedules as
promulgated by the Commissioner of Education, setting forth the minimum length of time school
district records must be retained.
Ref:

PublicOfficersLaw84etseq.
EducationLaw2116
ArtsandCulturalAffairsLaw57.11
Local Government Records Law, Article57A
8NYCRRPart185

Adopted: September 11, 2006

1120R
SCHOOL DISTRICT RECORD REGULATION
The following comprises the rules and regulations relating to the inspection and copying of school
district records:
Designation of Officers
1. The Records Access Officer shall be the Superintendent of Schools.
2. The Records Access Officer is designated to receive requests for records of the Board
of Education and make such records available for inspection or copying when such
requests are granted.
3. The Records Access Officer shall compile and maintain a detailed current list by
subject matter, of all records in the possession of the Board, whether or not available
to the public.
4. The Superintendent of Schools, with the Board's approval, shall design a Records
Management Officer for the district.
5. The Records Management Officer will develop and oversee a program for the orderly
and efficient management of district records.
6. The District Treasurer is here by designated the fiscal officer of the school district for
purposes of the Freedom of Information Law. Requests for inspecting or copying of
payroll records pursuant to the Freedom of Information Law shall be made to the said
fiscal officer.
Definition of Records
1. A record is defined as any information kept, held, filed, produced or reproduced by, with or for the
Board in any physical form whatsoever, including but not limited to reports, statements,
examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers,
designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or
codes.
2. The Records Access Officer will have the responsibility for compiling and maintaining
the following records:
a) a record of the final vote of each member of the Board on any proceeding or
matter on which the member votes;
b) a record setting forth the name, school or office address, title and salary of
every officer or employee of the Board. Such records shall be made available
for inspection under the supervision of the Records Access Officer; and

1120-R
c) a reasonably detailed current list by subject matter of all records in possession
of the Board, whether or not available for public inspection and copying.
3. No record for which there is a pending request for access may be destroyed.
However, nothing in these regulations shall require the Board to prepare any record
not possessed or maintained by it except the records specified in definitions above.
Access to Records
Time and Place to inspect records: Records may be requested from, and inspected or copied at the
Central Administration Office, or at a location specified by the Records Access Officer, during
regular business hours on any business day on which the Board of Education offices are open.
Fees: The fee for documents up to 8 x 14 inches is 25 cents per page. For documents larger than
8 x 14 inches, tape or cassette records, or computer print outs, the cost will be based on the cost
of reproduction or program utilized. Fees are subject to periodic review and change. However, no
fee shall be charged for the search for or inspection of records, certification of documents, or copies
of documents which have been printed or reproduced or distribution to the public. The number of
such copies given to any one organization or individual may be limited, in the discretion of the
Records Access Officer.
Procedures: Requests to inspect or secure copies of records shall be submitted in writing, either in
person or by mail, to the Records Access Officer or the Fiscal Officer, where appropriate. Persons
making such requests shall fill out a form there for, a copy of which follows this policy as exhibit
1120E. All requests for information shall be responded to with in five business days of receipt of
the request. If the request can not be fulfilled with in five business days, the Records Access Officer
or the Fiscal Officer shall acknowledge receipt of the request and advise of the approximate date
when the request will be granted or denied.
Denial of Access: When a request for access to a public record is denied, the Records Access
Officer or the Fiscal Officer shall indicate in writing the reasons for such denial, and the right to
appeal.
Appeal: An applicant denied access to a public record may file an appeal by delivering a copy of the
request and a copy of the denial to the District Clerk within 30 days after the denial from which such
appeal is taken. The appeal will be submitted to the Board for decision. The applicant and the
New York State Committee on Open Government will be informed of the Board's determination in
writing within ten business days of receipt of an appeal. The District Clerk shall transmit to the
Committee on Open Government photocopies of all appeals and determinations.

1120-R
Records Exempted from Public Access
The provisions of this regulation relating to information available for public inspection and copying
shall not apply to records that:
1. are specifically exempted from disclosure by state and/or federal statute;
2. if disclosed would constitute an unwarranted invasion of personal privacy;
3. if disclosed would impair present or imminent contract awards or collective bargaining
negotiations;
4. are confidentially disclosed to the Board and compiled and maintained for the
regulation of commercial enterprise, including trade secrets, or for the grant or review
of a license;
5. are compiled for law enforcement purposes and which, if disclosed, would:
a) interfere with law enforcement investigations or judicial proceedings;
b) deprive a person of a right to a fair trial or impartial adjudication;
c) identify a confidential source or disclose confidential techniques or procedures,
except routine techniques or procedures;
d) reveal criminal investigative techniques or procedures, except routine
techniques and procedures;
6. records which if disclosed would endanger the life or safety of any person;
7. records which are interagency or intraagency communications, except to the extent
that such materials consist of:
a) statistical or factual tabulations or data;
b) instructions to staff which affect the public;
c) final Board policy determinations; or
d) external audits, including but not limited to audits performed by the comptroller
and the federal government;
8. records which are examination questions or answers that are requested prior to the
final administration of such questions;
9. records which are computer access codes.
Prevention of Unwarranted Invasion of Privacy
To prevent an unwarranted invasion of personal privacy, the Records Access Officer may delete
identifying details when records are made available. An unwarranted invasion of personal privacy
includes but shall not be limited to:
1. Disclosure of confidential personal matters reported to the Board which are not
relevant or essential to the ordinary work of the Board;
2. Disclosure of employment, medical or credit histories or personal references of
applicants for employment, unless the applicant has provided a written release
permitting such disclosures;

1120-R
3. Sale or release of lists of names and addresses in the possession of the Board if such
lists would be used for private, commercial or fundraising purposes;
4. Disclosure of information of a personal nature when disclosure would result in
economic or personal hardship to the subject party and such records are not relevant
or essential to the ordinary work of the Board; or
5. Disclosure of items involving the medical or personal records of a client or patient in a
hospital or medical facility.
Unless otherwise deniable, disclosure shall not be construed to constitute an unwarranted invasion
of privacy when identifying details are deleted, when the person to whom records pertain consents
in writing to disclosure, or when upon representing reasonable proof of identify, a person seeks
access to records pertaining to him or her.
Listing of Records
Pursuant to Section 87(3)(c) of the Public Officers Law, the current records retention schedule for
school districts, published by the Commissioner of Education, shall serve as the list by subject
matter of all records in the possession of the school district, whether or not available under the law.
A public notice indicating the name, title, business address and business telephone number of the
designated Records Access Officer, where and when public records will be made available for
inspection and copying, and the right to appeal by any applicant denied access to a record for
whatever reason and the name and business address of the person to whom an appeal is to be
directed, shall be posted in a conspicuous place in each of the school buildings and the central
office of the school district.
Adopted: September 11, 2006

1120E
SCHOOL DISTRICT RECORDS EXHIBIT
Application for Public Access to Records
To: Records Access Officer_____________________________________________________
Board of Education
RemsenburgSpeonk Union Free School District
Remsenburg, New York
I hereby apply to inspect only or inspect and request reproduction of the following record @ 25 cents
per page: ___________________________________________________________
Signature_______________________________
Date ___________

I hereby acknowledge receipt of the reproduction of records.


Signature_______________________________
Date____________
Mailing Address ________________________________________________
FOR OFFICE USE ONLY
[ ] Approved
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 can not be found
[ ] Record is not maintained by this agency
[ ] Exempted by statute other than the Freedom of Information Law
[ ] Other (specify) ____________________________________________________________
Signature/Title
_________________________________________________Date___________________
NOTICE: You Have A Right To Appeal A Denial Of This Application To The Board of Education,
RemsenburgSpeonk Union Free School District, Who Must Fully Explain His/Her Reasons For
Such Denial In Writing Within Ten Days of Receipt Of An Appeal.
I hereby appeal______ Signature______________________________________
Date_________________
Adopted: September 11, 2006

1130
NEWS MEDIA RELATIONS
It is the policy of the Board of Education of the RemsenburgSpeonk Union Free School District to
cooperate with the news media in their legitimate interest of news publication by specifying those
who are authorized to speak for the Board and the School.
Authorized Spokespersons:
Board Matters
The President of the Board is authorized to speak for the Board regarding factual information
pertaining to matters acted upon or under consideration by the Board.
School Matters
The Superintendent/Principal of the School is authorized to furnish the news media with information
concerning the activities of the school, its schedule and programs and other matters of a similar
nature which do not involve the policy making and management prerogatives of the Board.
Adopted: September 11, 2006

1140
USE OF STUDENTS IN PUBLIC INFORMATION PROGRAM
The participation of students in interpreting the educational program of the schools to the
community shall be encouraged, with the understanding that:
a.
b.
c.
d.

Students shall not be exploited for the benefit of any individual or group;
Students shall participate only in appropriate situations;
The use of students shall always be evaluated in terms of the effect on the child; and
Students shall not solicit or promote school district issues without approval of the
Superintendent of Schools office.

The best possible community relations grow from a superior teaching job in the classroom.
Enthusiastic students with serious intentions, well directed by sympathetic and capable teachers,
are certain to communicate with the parents and the community. The district believes this is the
cornerstone of good community relations.
Adopted: September 11, 2006

1150
SCHOOL BUDGET AND BOND REFERENDA INFORMATION
The annual district budget shall be submitted for voter approval as required by law. Any
voterpresented propositions shall be submitted in accordance with the procedure specified by law
and district policy. The resubmission of any defeated budget or the submission of any propositions
by the Board of Education will be done at the discretion of the Board as permitted by law.
The Superintendent of Schools, with the advice and consent of the Board of Education, shall
approve all information regarding district expenditures submitted to the district voters for approval.
The Superintendent shall ensure that any document, newsletter, advertisement or other
communication prepared and/or distributed at district expense shall be factual in nature to the best
of his/her knowledge, and shall not exhort district voters to vote to approve or disapprove any matter
submitted for voter approval.
Ref: EducationLaw1716 Phillips v. Maurer, 67NY2d672 (1981)
Adopted: September 11, 2006

1230
PUBLIC PARTICIPATION AT BOARD MEETINGS

The Board recognizes its responsibility to hear and respond to public comment, and therefore
encourages public participation at Board meetings. There will be a specific agenda item at each
Board meeting to provide an opportunity to address the Board.
A reasonable period of time, not to exceed 10 minutes (which may be waived by a majority vote of
the Board), shall be set aside during the first part of each regular and special Board meeting during
which the taxpayers, community citizens, school personnel, and school students may openly
express themselves directly to the Board. Persons wishing to speak should first be recognized by
the President, then identify themselves, any organization they may be representing at the meeting
and the agenda topic they wish to discuss. Comments should be kept as brief as possible and relate
to school matters.
The President is responsible for the orderly conduct of the meeting and shall rule on such matters as
the time to be allowed for public discussion, the appropriateness of the subject being presented, and
suitability of the time for such a presentation. The Board as a whole shall have the final decision in
determining the appropriateness of all such rulings.
Adopted: September 11, 2006

1310
CITIZENS ASSISTANCE TO SCHOOL PERSONNEL
The Board of Education welcomes and encourages the interest of residents of the district in matters
of program and curriculum.
Any suggestions should be expressed in writing to the Superintendent for his/her consideration.
The Superintendent will make a recommendation to the Board of Education for its approval or
rejection in any instance that should require a policy development.
Adopted: July 11, 1974

1310R
CITIZENS ASSISTANCE TO SCHOOL PERSONNEL REGULATION
SCOPE: Since any matter concerned with program and/or curriculum affects children, teacher,
administrator and the Board of Education, the following procedure will be implemented as
suggestions from members of the community are received:
1. The administration will receive all suggestions only in writing.
2. The Superintendent will consider each request.
a. The Superintendent will request of a teacher committee and the teaching
staff guidance in these matters as required.
3. In matters that do not require policy adjustment, the Superintendent will make a
determination.
Adopted: July 11, 1974

1311
ACTIVE ASSISTANCE BY VOLUNTEERS TO THE PROFESSIONAL STAFF
The Board of Education encourages the use of citizens to assist in furthering the educational
program. Use of outside personnel and resources will be under the regulations as approved by the
Board of Education.
Adopted: July 11, 1974

1311R
ACTIVE ASSISTANCE BY VOLUNTEERS TO THE PROFESSIONAL STAFF IN THE ACTUAL
OPERATION OF CLASSES AND SERVICES WHERE THE STAFF DEEMS SUCH AID
VALUABLE
1. Aims of a program to implement volunteers as assistants to a professional staff
member:
To assist teachers in providing greater individualization in their classes.
To enrich the experience of pupils beyond that of the school through the unique
experience of volunteers from a wide variety of backgrounds.
To increase childrens motivation for learning.
To encourage attainments of educationally disadvantaged youngsters in the
communication skills.
To assist the teachers and provide a more efficient and effective utilization of teacher time
and skills.
To become involved in schoolcommunity partnerships, with one common purpose the
education of children and youth.
2. The administration will maintain a list of persons interested in being of assistance to the
professional staff and the qualifications of said persons. This list will be made available to all
staff members for their use.
3. The administration will be responsible for maintaining:
close contact with principals and/or teachers on needs assessment
liaison between teachers and volunteers
on going promotion and recruitment of volunteers
interview and placement of volunteers
maintenance of volunteers schedules and records
orientation of volunteers

1311-R
arrangements for orientation, pre service, and onthejob training
on going counseling and assistance to volunteers
evaluation of program and recommendations for its strengthening
4. Any person whose services are elicited by staff request will:
Meet with the Superintendent and the staff member involved to discuss the program,
alleviate apprehensions and identify needed services which can be provided by
volunteers.
Participate in a program of preparation of professional practices for volunteers, including
administrative expectations, health standards, legal responsibility and routine procedure.
5. Volunteers will be used only with the consent of the professional employee involved.
6. All volunteers must expect to perform their duties under the supervision of a licensed, paid,
professional employee in the academic area in which the service is to be rendered.
Adopted: July 11, 1974

1400
PUBLIC COMPLAINTS
The Board of Education recognizes the right of community members to register individual or group
concerns regarding instruction, district programs, materials, operations, and/or staff members.
Although no member of the community will be denied the right to bring his/her complaints to the
Board, the person will be referred back through the proper administrative channels prescribed in this
policy manual for solution before investigation or action by the Board. Exceptions may be made
when the complaints solely concern Board actions or Board operations.
The main goal of the district is to resolve such concerns with only the parties involved, whenever
possible. Public complaints about the school district will be directed to the proper administrative
personnel. Complaints about specific classroom practices shall be directed to the teacher
concerned. If the matter is not settled satisfactorily, the complainant shall then contact the Building
Principal; if there is no resolution on this level, the Superintendent of Schools shall be contacted.
The Superintendent shall refer the issue to the Board for final resolution.
All matters referred to the Superintendent and/or the Board must be in writing. Concerns registered
directly to the Board as a whole or to an individual Board member shall be referred as soon as is
reasonably possible to the Superintendent for investigation, report, and/or resolution.

Adopted: September 11, 2006

1410
COMPLAINTS ABOUT POLICIES
Complaints about Board of Education policies should be directed to the Superintendent of Schools.
Complaints shall be in writing, stating the specific objections to the specific policy(ies).
The Superintendent shall review any complaint and conduct whatever study or investigation he/she
deems appropriate. The Superintendent shall then submit the complaint and his/her
recommendation to the Board. The Board shall then review the policy, amend or repeal the policy, if
appropriate, and notify the complainant of the action taken.

Adopted: September 11, 2006

1420
COMPLAINTS ABOUT CURRICULA OR INSTRUCTIONAL MATERIALS
The Board of Education recognizes its responsibility for the purchase of instructional materials and
the need for free access to many different types of books and instructional materials. The Board
encourages district teachers and administrators to select books and other materials in accord with
sound educational principles and practices, and to use them effectively in the classrooms. However,
the Board also recognizes the right of community members to voice concerns and/or complaints
regarding the implementation of a particular curriculum and/or instructional material.
The Board will not permit any individual or group to exercise censorship over instructional materials
and library collections, but recognizes that at times a re-evaluation of certain material may be
desirable. All complaints concerning textbooks, library books and other instructional material shall
be submitted to the Superintendent of Schools.
Should an individual or group have a complaint about the curricula or instructional materials:
1. the individual or group may request an informal conference with the Superintendent;
2. the individual or group will be asked to sign a complaint on a standard form on which they will
document their criticism;
3. following receipt of the formal complaint, the Superintendent of Schools will provide for a
reevaluation of the material in question. He/She will arrange for the appointment of a review
committee from among the faculty to consider the complaint and to make a recommendation
to the Superintendent;
4. the Superintendent will review the complaint and the committees recommendation and will
render a decision in the matter. Should the decision be unsatisfactory to the complainant,
they may appeal it to the Board. The decision of the Board shall be final; and
5. if the Superintendents decision is to remove a book or alter the curriculum or otherwise take
action upon the complaint, he/she shall notify the Board of his/her decision. The final
decision shall rest with the Board.

Ref:

Education Law 1709(15); 1711(5)(f) Board of Educ., Island Trees UFSD v. Pico, 457 US
853 (1982)

Adopted: September 11, 2006

1420-R
COMPLAINTS ABOUT CURRICULA OR INSTRUCTIONAL MATERIALS REGULATION
Complaint procedures concerning textbooks, library material and other instructional material
The following procedures shall be employed in handling complaints concerning any textbook, library
book or material and any other instructional material used in district schools.
1. At the discretion of the Superintendent of Schools, an informal meeting may be held between the
complainant and the Superintendent.
2. If a complaint is not resolved informally, the complainant must file a written complaint with the
Superintendent on a form provided for this purpose.
3. Any written complaint will be presented to the Instructional Material Review Committee. The
membership of the committee shall consist of a library media specialist, who shall chair the
committee; a classroom teacher; a Principal or Assistant Principal; and a member of the
community. Members shall be appointed annually by the Board of Education on
recommendation of the Superintendent. The committee shall:
a)
b)
c)
d)

read and examine the challenged materials;


consider the specific objections to the material voiced by the complainant;
weigh the values and faults of the material as a whole;
consider oral presentations made to the committee. The committee will determine
whether any oral presentations will be beneficial to its deliberations;
e) where appropriate, solicit advice or opinion from other district faculty and staff; and
f) issue a report to the Superintendent containing its recommendations concerning any
complaint.
4. The Superintendent shall review the report of the committee, make a decision and notify the
complainant and appropriate staff.
5. If the complainant is not satisfied with the Superintendent's decision he/she may refer the
complaint to the Board. The Superintendent will deliver a copy of his/her decision and the
committee's report to the Board for its consideration.
Adopted: September 11, 2006

1420-E
REQUEST FOR REEVALUATION OF
INSTRUCTIONAL MATERIALS
Request initiated by ______________________________________________________________
Date________________________________ Telephone _________________________________
Address _______________________________________________________________________
Complainant represents: Self______ Group ___________________________________________
If Group (name) _________________________________________________________________
TITLE: ________________________________________________________________________
AUTHOR: _____________________________________________________________________
Publisher or Producer: ____________________________________________________________
Publisher's recommended grade level: ________
Book______ AV material (please specify format) ________________ Other__________________
1. Have you read/heard/seen the material in its entirety? ______________________________
2. To what do you specifically object? Please cite specific passages, pages, etc.
________________________________________________________________________
3. Is your objection to this material based upon your personal exposure to it, upon reports you
have heard, or both?
________________________________________________________________________
4. What do you believe is the theme or purpose of the material?
________________________________________________________________________
5. What do you feel might be the result of reading/viewing this work?
________________________________________________________________________
6. In its place, what work of equal value would you recommend that would convey as valuable a
picture and perspective of a society or a set of values?
________________________________________________________________________
7. Do you wish to make an oral presentation of 15 minutes or less to the Materials Review
Committee? ______________________________________________________________
Signature ___________________________________________ Date ______________________
Adopted: September 11, 2006

1440
COMPLAINTS ABOUT SCHOOL PERSONNEL
The intent of this policy is to maintain dialogue among residents, the Board of Education and the
administration while, at the same time, safeguarding employees from unfair criticism.
The Board believes that complaints and grievances are best handled and resolved as close to their
origin as possible and that the staff should be given every opportunity to consider issues and
attempt to resolve problems prior to Board involvement. Therefore, the proper channeling of
complaints will be as follows:
1.
2.
3.
4.
5.

Teacher or staff member;


Immediate supervisor;
Principal;
Superintendent of Schools; and
Board of Education

When a member of the public prefers disciplinary charges against a tenured employee, the charges
shall be filed with the District Clerk and immediately referred to the Board for a determination of
whether probable cause exists to act upon the charges.
Whenever a complaint is made directly to the Board as a whole or to a Board member as an
individual, it will be referred to the Superintendent for study and solution. Board members will
refrain from expressing any judgment until such complaint is submitted to the entire Board. The
Superintendent shall refer complaints to other staff members when appropriate.
If it appears necessary, the Superintendent or the person who made the complaint, or the employee
involved may request an executive session of the Board to discuss the matter.
Exceptions will be made only when complaints concern Board action or Board operations. In
addition, the Board will not act on complaints that have not been explored at the appropriate level.
Ref:

Education Law 3012; 3020-a


Civil Service Law 75
8 NYCRR Part 84

Adopted: September 11, 2006

1500
PUBLIC USE OF SCHOOL FACILITIES
The school buildings and grounds are maintained for the education and recreation of the school
children of the district, and no use shall be made of the buildings or grounds which would interfere or
disrupt their most effective use for the benefit of the school children. The use of school facilities is
under the control and supervision of the Board of Education. The Board wishes to do all that is
possible to make school facilities available to community organizations since the schools of the
community have been built with public funds and are supported by the citizens of the community.
The Board may permit the use of its schools and grounds and other property of the district when not
in use for school purposes (or when school is in use for school purposes, if use is not disruptive).
All uses of school buildings and grounds shall be consistent with Section 414 of the Education Law.
Both during and after school hours, all such use should pertain to the general welfare of the school
and/or community, in compliance with the Education Law. Any such use, however, shall not be
deemed an endorsement of the activity or purpose for which the facilities are used.
By way of guidance provided by the U.S. Supreme Court in Good News Club v. Milford Central
School District and Lambs Chapel v. Center Moriches USFD the proposed use of District facilities
by religious organizations will be reviewed by way of applying the below provisions; any particular
viewpoint to be espoused during the course of the proposed building use activity is not to be
considered in determining the Districts approval of building use requests.
All determinations of the Board of Education as relevant to a proposed use, will respect the First
Amendment/Free Speech entitlements (within the context of this policys regulations) of all
organizations proposing to use District facilities.
The Superintendent of Schools will provide forms to facilitate the use of the buildings that will identify
the purpose of the use, the responsible party and the insurance necessary to hold the district
harmless. The completed forms must be approved by the Building Principal and the Superintendent,
prior to the use of the facilities.
The Superintendent is instructed to prepare regulations consistent with this policy and to submit
them to the Board for its approval.
Ref:

Education Law 414

Adopted: September 11, 2006

1500-R
PUBLIC USE OF SCHOOL FACILITIES REGULATION
1. School activities shall have first preference.
2. The custodian on duty is to be regarded as the representative of the Board of Education.
3. There shall be no use, possession, sale or distribution of alcohol or controlled substances as
defined in Board Policy 5312.1, Drug and Alcohol Abuse, of intoxicating beverages at any
time in the school buildings or on school property.
4. A minimum charge, established by the Board, will be paid to the custodian on duty for the
performance of any duties above and beyond his/her regular work load.
5. There shall be no smoking.
6. Regular gym shoes must be worn when sports or games are conducted on the gymnasium
floors.
7. Children's activities must be under strict supervision of adult sponsors at all times.
8. Only authorized personnel shall operate kitchen equipment. A minimum charge, established
by the Board, per hour per person employed will be charged when use of the kitchen is
required.
9. Only authorized personnel shall operate stage, sound, and projection equipment. If a
member of the professional staff is required to be present, he/she shall be paid at the
negotiated rate.
10. Responsibility for order and safety must be assured by the applicant. Any damage to school
property shall be reimbursed by the organization using same.
11. The space used shall be vacated no later than 11 p.m., unless a specific exception is granted
in the permit.
12. A detailed financial statement showing total receipts and expenses for each use of
building(s) or grounds for which admission is charged must be available on request.
13. It shall be understood that the Superintendent of Schools or designee has sole authority to
grant or reject requests for the use of school facilities and equipment.
14. Use of the school buildings on Sunday is discouraged.
15. Any group using school facilities is required to present evidence of liability insurance, with the
district named as an additional insured, in an amount deemed adequate by the
Superintendent or School Business Administrator.
16. In case of an emergency, all buildings will be available to the American Red Cross.

1500-R
17. All individuals shall act in a manner consistent with all applicable federal and state laws and
regulations, as well as all policies, regulations and/or rules of the school district including
policy and regulation, 1520 and 1520-R, Public Conduct on School Property.
Uses Encouraged for District Residents
In accordance with state Education Law, the following uses of school buildings and grounds are
acceptable:
1. for instruction in any "branch of education, learning or the arts;"
2. for "social, civic and recreational meetings and entertainments, and other uses pertaining to
the welfare of the community;"
3. as polling places for holding primaries and elections and for the registration of voters;
4. for "civic forums and community centers;"
5. for graduation exercises held by not-for-profit elementary and secondary schools, provided
that no religious service is performed; and
6. to provide child care services during nonschool hours, provided that the cost of such care
shall not be a school district charge but shall be paid by the person responsible for the
support of such child; the local social services district as authorized by law; or any other
public or private voluntary source.
Prohibited Uses of School Buildings and Property
State Education Law and the New York State Constitution specifically prohibit the following uses of
school buildings and property:
1 for any purpose that will in any way interfere with the use of school buildings, grounds, or other
school property by the school; 2 by any person or profit-making organization for personal or private
gain, financial or otherwise; 3 for holding a social, civic or recreational meeting or other use
pertaining to the welfare of the community, unless such meeting, entertainment or use shall be
nonexclusive and open to the general public; 4 for a meeting, entertainment, or occasion where
admission fees are charged, unless the proceeds thereof are to be expended for an educational or
charitable purpose approved by the Board; and/or 5 for a meeting, entertainment or occasion where
admission fees are charged, if such meeting, entertainment or occasion is under the exclusive
control and the proceeds are to be applied for the benefit of a society, association, or organization of
a religious sect or denomination, or of a fraternal, secret or exclusive society or organization, other
than any organization of veterans or of volunteer firemen or volunteer ambulance services.

1500-R
Use of School Facilities by School Personnel
Any use of school facilities for school-related activities will be scheduled through the Building
Principal. Any other use outside the regular school week will be scheduled through the
Superintendent of Schools.
Recognized collective bargaining units may use school facilities to conduct meetings as specified in
the collective bargaining agreement(s).
No students are allowed in a school building unless appropriate school personnel are on duty.
Scheduling in advance will ensure that the space requested is available and not given to outside
groups.
Adopted: September 11, 2006

1500-E.1
REMSENBURGSPEONK
UNION FREE SCHOOL DISTRICT
Application for Use of Facilities of the RemsenburgSpeonk School
I hereby apply to the Board of Education of the RemsenburgSpeonk Union Free School District for
the use of certain facilities of the school as indicated below. I hereby supply the district with a
Certificate of Insurance specifying the certificate holder as the RemsenburgSpeonk UFSD, naming
the RemsenburgSpeonk UFSD as the additional insured, and stating the liability limit at a minimum
of one million dollars.
Purpose:
Facility (room, field, etc.):
Date(s) of desired use:
Hours of use:
Numbers of persons expected to attend:
Special arrangements necessary (setting up and removing chairs, equipment, etc.):
Name of organization, if any, under whose auspices the use is requested:
Applicants position in the organization:
Name of Person in charge of activity:
Telephone:
Applicants Name:
Address:
Telephone:

1500-E.1
Acceptance of Responsibility
I acknowledge by my signature below that I have received a copy of the standard administrative
regulations governing the use of the school facilities requested above, as well as any special
regulations considered necessary by the Superintendent for the protection of school property and
those attending and/or participating in the use. I agree to abide by these regulations and accept full
responsibility for making sure they are complied with and for reimbursing the district for any expense
incurred by the district as the result of the use of the school. I understand that the activity will be
supervised from start to finish by the person in charge of the activity. If a fee is applicable, I agree to
pay it upon receiving permission for the use requested. All requested insurance requirements have
been fulfilled.
Signature__________________________________ Date _________________________
Upon review by the Superintendent, a permit for use will be issued. The permit must be presented to
the school office or custodian upon entering the building by the person in charge specifically named
on this application.

Adopted: January 14, 1991

1500-E.1
REMSENBURG-SPEONK UNION FREE SCHOOL DISTRICT
Permit for the Use of Facilities of the Remsenburg-Speonk School
To: __________________________________________
Permission is hereby granted to you for the use of:
Remsenburg-Speonk School on (date/s) ______________________, during the hours of
____________, based upon the facts included in your application dated __________________.
A fee of $ ______________ (will) (will not) be applicable to reimburse the school district for
expenses incurred for light, heat and other services. Payment of the fee is due and payable upon
your receipt of this permit and before any use of the school facilities may be made under this permit.

Superintendent Approval________________________________
Date Approved _________________________
N.B. This permit must be presented to the school office or custodian upon entering the building by
the person in charge specifically named on the application.
Adopted: January 14, 1991

1530
SMOKING ON SCHOOL PREMISES
Due to the health hazards associated with smoking, and in accordance with federal and state law,
the Board of Education prohibits smoking or other tobacco use in all school buildings, on school
property, or at school-sponsored activities.
The Board designates the Superintendent of Schools or his/her designee as agent responsible for
informing individuals smoking in a non-smoking area that they are in violation of Article 13 of the
Public Health Law and/or federal Pro-Children Act of 1994.
Ref:

Education Law 409(2); 3020-a(4)


Goals 2000: Educate America Act 1041 et seq. (The Pro-Children Act of 1994)
Public Health Law Article 13-E 206; 340; 347

Adopted: September 11, 2006

1740
RELATIONSHIP WITH NONPUBLIC SCHOOLS
In recognition of its responsibility under state law and regulation, the Board of Education shall make
available required public school materials, equipment and services to resident students who attend
non public schools.
Textbook Loan
The Board recognizes that section 701 of the Education Law requires all Boards to purchase and to
loan, upon individual request, textbooks to all children residing in the district who are attending
grades kindergarten through twelve in any public or nonpublic school which complies with the
compulsory education law.
It is also understood that the textbooks must be loaned free to the children, but Boards may make
reasonable rules and regulations regarding such loan(s).
Therefore, the following rules and regulations shall govern the loan of textbooks to residents of the
district attending nonpublic schools:
1. The textbooks shall remain the property of the district.
2. The textbooks shall be returned at the end of the nonpublic school year.
3. If lost or destroyed, the textbooks shall be paid for in the same fashion as the students attending
district schools.
Instructional Computer Hardware and Software Loan
The Board recognizes its responsibility to loan instructional computer hardware and software, upon
request, to all pupils legally attending nonpublic elementary or secondary schools located in the
school district.
The district shall loan instructional computer hardware and software on an equitable basis, however
software and hardware purchased with any local, federal or state funds, other than Instructional
Computer Hardware or Software Aid funds, are not required to be loaned to nonpublic school
students.
In addition, the district will only purchase and loan software programs that do not contain material of
a religious nature.
The Board authorizes the Superintendent of Schools to establish any and all rules, regulations and
procedures necessary to implement and maintain this policy. The Superintendent will specify the
date by which requests must be received by the district and provide notice to all nonpublic schools
within the district of that date.

1740
Ref:

Education Law 701; 751754; 1709; 3204; 3602c


8NYCRR175.25; 21.3
Mitchell v. Helms530 U.S. 793(2000)
RussmanV.Sobol, 85 F. 3d1050(2dCir. 1996)
Zobrest v. Catalina Foothills Sch. Dist., 509U.S.1 (1993)
Aguilar v. Felton, 473 U.S. 402 (1985)
Board of Educ. V. Allen, 392U.S. 236(1968)

Adopted: January14, 2008

1900
PARENTAL INVOLVEMENT
Parents are the cornerstones upon which the foundation of their childrens success in school is built.
Their individual and collective knowledge concerning childrens emotional and educational needs is
recognized as an invaluable component in formulating policies and programs.
Parents serve as role models as their children strive to achieve their academic goals. Parents can
support these goals by serving as monitors regarding school attendance, and by developing a home
environment in which children can concentrate on homework without distractions such as frequent
television viewing. They can encourage a love for reading by reading to and with their children and
by visits to the library.
Parents are directly involved in the process of educational practice and program development
through formal and informal meetings regarding Title I instruction. Communication issues are
resolved through conferences, frequent progress reports, and reasonable access to staff including:
special teachers, the psychologist, and administration. Assessments are scheduled regularly, and
this information is shared with parents for mutual planning.
Adopted: September 11, 2006

1925
INTERPRETERS FOR HEARINGIMPAIRED PARENTS
The Board of Education recognizes that those district parents with hearing impairments which
prevent a meaningful participation in their childs educational program must be afforded an
opportunity equal to that afforded other parents to participate in meetings or activities pertaining to
the academic and/or disciplinary aspects of their childs education. Accordingly, and pursuant to
law, the school district will provide an interpreter for hearingimpaired parents for schoolinitiated
academic and/or disciplinary meetings or activities including, but not limited to:

Parent/teacher conferences
Child/study or building level team meetings
Planning meetings with school counselors regarding educational progress
Career planning
Suspension hearings or other conference with school officials relating to disciplinary actions

The school district will provide an interpreter for the hearingimpaired parent if a written request for
the service has been submitted to and received by the district within seven (7) days prior to the
scheduled meeting or activity. If an interpreter is unavailable, the district will then make other
reasonable accommodations which are satisfactory to the parents (e.g., note taker, transcript,
decoder, or telecommunication device for the deaf). These services will be made available by the
district at no cost to the parents.
The Board directs the Superintendent of Schools to maintain a list of available interpreters and to
develop procedures to notify parents of the availability of interpreter services, the time limitation for
requesting these services, and of the requirement to make other reasonable accommodations
satisfactory to the parents should an interpreter not be available.
Hearingimpaired parents are requested to submit the attached form to request
accommodation of their disability.
Ref:

AmericanswithDisabilitiesActof1990, 42U.S.C.1213112134
RehabilitationActof1973,29U.S.C.794
EducationLaw3230 8NYCRR100.2(aa)
Rothschild v. Grottenthaler, 907F.2d286 (2dCir.1990)

Adopted: September 11, 2006

1925E.1
INTERPRETERS FOR HEARINGIMPAIRED PARENTS EXHIBIT
Accommodation Request
Parents in need of interpreter services are asked to complete this form:
TO:

Superintendent of Schools
Remsenburg-Speonk Union Free School District

FROM:

_______________________________________
Name
_______________________________________
_______________________________________
Address

Please identify the type of interpreter needed:


___ Interpreter for the Hearing Impaired: ( ) American Sign; ( ) English
In the event an interpreter is not available, please identify the type of alternative
Service preferred:
___ Written Communication
___ Transcripts
___ Decoder
___ Telecommunication Device for the Deaf (TDD)
___ Other (please specify)

Adopted: September 24, 2001

1925E.2
INTERPRETERS FOR HEARINGIMPAIRED PARENTS EXHIBIT
Response to requests for accommodation
FROM:

Superintendent of Schools
Remsenburg-Speonk Union Free School District

TO:

_________________________________________
Name
_________________________________________
_________________________________________
Address

The RemsenburgSpeonk Union Free School District hereby:


_____ grants your request for accommodation of a hearing disability in accordance with Board
Policy 1920;
_____ denies your request for accommodation of a hearing disability for the following reason:
______________________________________________________________________________
______________________________________________________________________________
Adopted: September 11, 2006

2100
SCHOOL BOARD LEGAL STATUS
The Board of Education is a five (5)-member Board elected by district residents. Each member of
the Board serves for three (3) years. The terms of office of Board members shall not all expire in the
same year. Board members are responsible for school district management and policy-making.
The legal status of the Board is that of a corporate body established pursuant to the laws of New
York State. Any liability of the district is a liability of the Board of Education as a corporation and not
that of the members of the Board as individuals
Ref: Education Law 1701; 1702; 1703; 1804(1); 2105,
Adopted: September 11, 2006

2160
SCHOOL BOARD OFFICER AND EMPLOYEE ETHICS
The Board of Education recognizes that sound, ethical standards of conduct serve to increase the
effectiveness of school Board members and their staff, as educational leaders in their community.
Actions based on an ethical code of conduct promote public confidence and the attainment of
district goals. The Board also recognizes its obligation to set forth a code of ethics under the
provisions of the General Municipal Law.
The Board therefore adopts the following code of ethics, and its accompanying regulation, for the
guidance of its officers and employees. Board members and their staff commit themselves to:
ASSURING the opportunity for high quality education for every student and making the
well-being of students the fundamental principle in all decisions and actions;
REPRESENTING the entire community without fear or favor;
ACCEPTING all responsibilities as a means of unselfish service, while not using their
positions for personal gain;
ACTING as part of an educational team with mutual respect and regard for each others
respective responsibilities and duties, recognizing that the strength of a school Board is in
acting as a Board, not as individuals;
PRESERVING the obligation of having all issues considered fairly and without bias;
UPHOLDING the principles of due process and individual dignity, and protecting the civil
and human rights of all;
MAINTAINING high standards and the effectiveness of education through research and
continuing professional development;
OBEYING all national, state, and local laws and regulations pertaining to education and
public agencies;
INSTILLING respect for community, state, and nation; and
MAINTAINING confidentiality of privileged information.
Ref: General Municipal Law 806-808
Adopted: September 11, 2006

2160-R
SCHOOL BOARD OFFICER AND EMPLOYEE ETHICS REGULATION
Pursuant to the provisions of Section 806 of the General Municipal Law and Board Policy 2160, the
Board of Education promulgates these rules of ethical conduct for the officers and employees of
the school district. These rules shall not conflict with, but shall be in addition to any prohibition of
Article 18 of the General Municipal Law or any other general or special law relating to ethical
conduct and interest in contracts by municipal officers and employees.
Definitions
1. "Officer or Employee" means an officer or employee of the district, whether paid or unpaid,
including members of the Board of Education, and their professional or nonprofessional staff
and appointees.
2. "Interest" means a pecuniary or material benefit accruing to a municipal officer or employee
unless the context otherwise requires.
Standards of Conduct
Every officer and employee of the district shall be subject to and abide by the following standards of
conduct:
1. Gifts: An officer or employee shall not directly or indirectly solicit any gift or accept or receive
any gift having a value of $75 or more, whether in the form of money, services, loan, travel,
entertainment, hospitality, thing or promise, or any other form, under circumstances in which
it could reasonably be inferred that the gift was intended to influence him or her in the
performance of his or her official duties or was intended as a reward for any official action on
his or her part. However, the Board welcomes and encourages the writing of letters or notes
expressing gratitude or appreciation to staff members. Nothing herein should be construed
as prohibiting the traditional exchange of holiday gifts provided discretion is used to ensure
that gifts of value are not accepted by staff employees or officers. Gifts from children that are
principally sentimental in nature and of insignificant financial value may be accepted in the
spirit in which they are given.
2. Confidential information: An officer or employee shall not disclose confidential information
acquired by him or her in the course of his or her official duties or use such information to
further his or her personal interest. In addition, he/she shall not disclose information
regarding any matters properly discussed in an executive session of the Board whether
such information is deemed confidential or not.
3. Representation before the Board: An officer or employee shall not receive or enter in to any
agreement, express or implied, for compensation for services to be rendered in relation to
any matter before the school district.

2160
4. Representation before the Board for a contingent fee: An officer or employee shall not
receive or enter into any agreement, express or implied, for compensation for services to be
rendered in relation to any matter before the school district, whereby the compensation is to
be dependent or contingent upon any action by the school district with respect to such
matter, provided that this paragraph shall not prohibit the fixing at anytime of fees based
upon the reasonable value of the services rendered.
5. Disclosure of interest in matters before the Board: To the extent that he or she knows there
of, a member of the Board of Education and any officer or employee of the district, whether
paid or unpaid, who participates in the discussion or gives official opinion to the Board on
any matter before the Board shall publicly disclose on the official record the nature and
extent of any director in direct financial or other private interest he or she has in such matter.
6. Investments in conflict with official duties: An officer or employee shall not invest or hold any
investment directly in any financial, business, commercial or other private transaction that
creates a conflict with his or her official duties.
7. Private employment: An officer or employee shall not engage in, solicit, negotiate for or
promise to accept private employment when that employment or service creates a conflict
with or impairs the proper discharge of his or her official duties.
8. Future employment: An officer or employee shall not, after the termination of service or
employment with the Board, appear before the Board or any panel or committee of the
Board, in relation to any case, proceeding, or application in which he or she personally
participated during the period of his or her service or employment or that was under his or
her active consideration. This shall not bar or prevent the timely filing by a present or former
officer or employee of any claim, account, demand or suit against the district on his or her
own behalf or on behalf of any member of his or her family a rising out of any personal injury
or property damage or for any lawful benefit authorized or permitted by law.
Distribution of Code of Ethics
The Superintendent of Schools shall cause a copy of the Board's Code of Ethics and this
accompanying regulation to be distributed to every officer and employee of the school district. Each
officer and employee elected or appointed there after shall be furnished a copy before entering
upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that
a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under
the district's jurisdiction in a place conspicuous to the district's officers and employees.

2160
Penalties
In addition to any penalty contained in any other provision of law, any person who shall knowingly
and intentionally violate any of the provisions of the Board's code of ethics and its accompanying
regulation may be fined, suspended or removed from office or employment, as the case may be, in
the manner provided by law.
Ref:

General Municipal Law, Article18

Adopted: September 11, 2006

2160-E
SCHOOL BOARD OFFICER AND EMPLOYEES ETHICS EXHIBIT
As a member of my Board of Education, I will strive to improve public education, and to that end I
will:
attend all Board meetings insofar as possible, and become informed concerning the
issues to be considered at those meetings;
recognize that I should endeavor to make policy decisions only after full discussion at
publicly held Board meetings;
render all decisions based on the available facts and my independent judgment, and
refuse to surrender that judgment to individuals or special interest groups;
encourage the free expression of opinion by all Board members, and seek systematic
communications between the Board and students, staff, and all elements of the
community;
work with other Board members to establish effective Board policies and to delegate
authority for the administration of the schools to the Superintendent of Schools;
communicate to other Board members and the Superintendent expressions of public
reaction to Board policies and school programs;
maintain familiarity with educational issues through study and participation in
programs providing needed information, such as those sponsored by state and
national school Boards associations;
support the employment of those persons best qualified to serve as school staff, and
insist on a regular and impartial evaluation of all staff;
avoid being placed in a position of conflict of interest, and refrain from using my
Board position for personal or partisan gain;
take no private action that will compromise the Board or administration, and respect
the confidentiality of information that is privileged under applicable law; and
remember always that my first and greatest concern must be the educational welfare
of the students attending the public schools.
___________________________
Board Member Signature
Adopted: September 11, 2006

__________________
Date

2210
BOARD REORGANIZATIONAL MEETING
The Board of Education recognizes its obligation to hold an annual reorganizational meeting. The
purpose of the reorganizational meeting shall be to elect officers of the Board and make the proper
appointments and designations of other district employees for the proper management of the
school district during the school year. The Board shall also perform such annual functions as are
designated by law.
The annual reorganizational meeting of the Board of Education shall be held on the first Tuesday in
July unless the Board determines that the annual meeting be held anytime during the first fifteen
days in the month of July.
A temporary chairperson will be chosen who will preside over the election of the President. The
order of business to be conducted at the reorganization meeting shall include the following items
required or implied by state law and/or regulation:
I. Administration of Oath
The District Clerk shall administer the oath of office to newly-elected Board members. Such oath
shall conform to Article XIII-1 of the New York State Constitution, and Section 10 of the Public
Officers Law; the Clerk shall countersign the oath. No new Board member shall be permitted to
vote until he/she has taken the oath of office.
II. Election of Officers
The board shall elect a president and vice-president for the ensuing year, and administer the oath of
office to them. A majority of all members of the Board shall be necessary for a valid election.
III. Appointment of Officers
The Board shall appoint and the Board President administer the oath of office to the following
officials:
District Treasurer

Deputy Treasurer

Clerk of the Board

Internal Claims Auditor

2210
IV. Other Appointments
The Board shall appoint and establish the stipend (if any) for the following positions:
School Physician
School Attorney
Census Enumerator
Attendance Officer
District Auditor
Records Access Officer
Asbestos Designee
Records Management Officer
Insurance Consultant
Title IX/Section504HearingOfficer(s)
Central Treasurer, Extra classroom Activity Account
V. Bonding of Personnel
The Board may bond the following personnel handling district funds:
District Clerk School Attorney Internal Claims Auditor District Treasurer Deputy Treasurer Central
Treasurer of Student Activity Account
The Board shall, in each instance, specify the amount of the bond it intends to obtain.
The Board may include any of the above officers in a blanket undertaking, pursuant to law and
Commissioner's Regulations, rather than bond individuals.
VI. Designations
The Board shall designate:
Official depositories for district funds
Official district newspapers
The Board shall fix the day and hour for the holding of regular meetings, which shall be at least once
each month while school is in session, in the rooms provided for the Board, unless otherwise
ordered by the board.
VII. Authorizations:
The Board shall authorize:
a person to certify payrolls
a school purchasing agent
attendance at conferences, conventions, workshops, etc., with designated expenses
establishment of petty cash funds (and the amount of such funds)
a person(s) to authorize signatures of checks
the Superintendent of Schools to approve budget transfers

2210
VIII. Other Items:
a rate for mileage reimbursement
any other items it deems appropriate to enhance district operations
The Board shall conduct general business at this meeting before it adjourns, if it so desires.
Ref:

New York State Constitution, Article XIII, 1


Public Officers Law 10; 13
Education Law 1707; 1804(4); 2130 (4)

Adopted: September 11, 2006

2250
BOARD COMMITTEES
The Board of Education may, from time to time, establish committees whose membership will
consist of members of the Board. The president of the Board shall serve as an ex-officio member of
all committees. Board committees shall undertake studies and make reports as charged by the
Board, but shall not act on behalf of the Board.
The Board may establish standing or ad hoc committees which will terminate at the conclusion of
the school year. The Board may affirmatively vote to reauthorize said committees for additional
terms.
Any official policy-level action shall be in the sole discretion of the Board. The Board is in no way
obligated to follow committee recommendations. The Board has the right to accept, reject, or modify
all or any part of a committee recommendation.
Adopted: September 11, 2006

2265
SHARED DECISION-MAKING AND SCHOOL-BASED PLANNING
The Board of Education encourages the participation of the community in improving education in
our schools. In accordance with the regulations of the Commissioner, the Board has adopted a plan
for the effective participation of parents, teachers, administrators and the Board in shared
decision-making at the building level. This plan specifies:
1. the educational issues which will be subject to decision sharing and cooperative planning at
the school level;
2. the manner and extent of the expected involvement of all parties;
3. the means and standards by which all parties will evaluate improvement in student
achievement;
4. the means by which all parties will be held accountable for the decisions made;
5. the process whereby disputes will be resolved at the local level; and
6. the manner in which all state and federal requirements for the involvement of parents in
planning and decision-making will be coordinated with and met by the overall plan.
Every two years, the Board shall review the plan to determine its effectiveness and to recertify or
amend the plan, as needed. Any amendment or recertification of the plan will be developed and
adopted in accordance with section 100.11 of the Regulations of the Commissioner.
The amended or recertified plan together with a statement of the plan's success in achieving its
objectives, shall be submitted to the Commissioner of Education for approval no later than February
1st of each year in which biennial review takes place.
Adopted: September 11, 2006

2270
SCHOOL ATTORNEY
The Board of Education will appoint a School Attorney for the district, setting his/her fee and term of
service at the time of appointment. The Attorney must be admitted to the bar of New York State. The
Attorney will be the legal advisor to the Board. In that capacity, the Attorneys duties will be:
1. to render advice or written legal opinions from time to time to the Board with respect to all
legal matters relating to the district, including, but not limited to, interpretation of the
Education Law of the State of New York, and all other statutes, rules or regulations affecting
the district;
2. to represent the district in all legal matters, except in those matters that may involve a conflict
of interest.
3. to be easily accessible to the Board and the Superintendent of Schools (and, at the discretion
of the Superintendent, to his/her administrative staff), with respect to legal matters issuing
out of the day-to-day administration of the district;
4. to review and to represent the district in the preparation of any and all contracts which the
district may be obliged to execute (other than purchase orders usually issued for the
purchase of goods, equipment and services);
5. to advise and assist in matters of litigation pursuant to the retainer agreement;
6. to review the legality of all rules or regulations to be adopted by the Board;
7. to prepare Board resolutions that are of a legal nature;
8. to prepare all notices and documents necessary for the annual or special meeting of the
voters of the district;
9. to prepare any options and deeds of conveyance that the district might make, and the
examination of abstracts, titles, deeds, and other papers concerning any properties that the
district might acquire or dispose of in the normal course of its business operation;
10. to prepare agreements between the district and any other parties whom the district might be
obliged to contract with for whatever purpose;
11. to prepare notes and related instruments for short-term borrowing, including necessary legal
opinions; depending on the amount of the notes;
12. to attend, when requested, Superintendents Hearings concerned with discipline of students
or employees;
13. to review and advise with respect to any process served upon the district; and
14. to recommend retainment of such special counsel as he or she may deem necessary in the
circumstances, subject to the approval of the Board.

2270
Bond Issues and Building Programs
With respect to bond issues and building programs, the Attorneys duties will be to:
1. review, advise, prepare and/or respond to all notices, bids and contracts connected with the
project;
2. act as an intermediary with the bonding attorney;
3. represent the district in any litigation that might arise out of the project;
4. advise on the sale of bonds; and
5. represent the district in all legal matters related to the project.
Selection of an Attorney/Law Firm
The district, when seeking to retain a School Attorney, will first locate prospective qualifies
lawyers/law firms by:
1. advertising in trade journals
2. checking listings of lawyers/law firms; or
3. making inquiries of other districts or other appropriate sources
The district will then prepare a well-planned, written request for a proposal which will contain critical
details of the services sought and submit this request to prospective applicants.
In selecting a School Attorney, the district will consider the cost of a retainer (or hourly fee), as well
as such other factors as:
1.
2.
3.
4.

the special knowledge or expertise of the lawyer/law firm;


the quality of the service provided by the lawyer/law firm;
the staffing of the lawyer/law firm; and
the lawyers/law firms suitability for the districts needs.

The district will maintain documentation of the written proposals submitted by lawyer/law firm
applicants for the position of School Attorney.
In addition to the annual retainer (or hourly fee), the Attorney shall be reasonably compensated for:
1. all services rendered in connection with litigation and appeals to the Commissioner of
Education, state or federal courts, brought by or against the district, the Board or the
Superintendent, in additional to those rendered pursuant to the retainer agreement;
2. all services rendered in connection with bond issues or similar financial transaction;
3. assistance in contract negotiations with representatives of employees and in the drafting of
negotiated contracts;

2270
4. legal services with respect to any grievances that may be filed by employees or their
representatives;
5. tenure and related type hearings; and
6. such services as shall not be reasonably included within the specified duties enumerated as
attorney duties.
All communications between the school attorney and district personnel will be directed through the
Superintendent of Schools or the President of the Board of Education. If inquiries are addressed
directly to the attorney by other district personnel, responses, in writing, will be channeled through
the Superintendent or the President of the Board.
Adopted: September 11, 2006

2300
SCHOOL BOARD MEETINGS
School Board meetings will be held in order to conduct the necessary business to operate the
school district in an efficient and smooth manner. All meetings will adhere to the existing laws as
they pertain to open and executive sessions.
The residents of the school district are invited to attend all meetings of the Board of Education.
Ref:

Education Law 1606, 1707, 1708, 2504, 2563


Open Meetings Law, Public Officers Law 100 et seq.

Adopted: September 11, 2006

2310
REGULAR MEETINGS
In order to perform its duties in an open and public manner, and in accordance with state law, the
Board of Education shall hold regular business meetings twice a month.
The time, dates and place of regular Board of Education meetings shall be established at the annual
reorganizational meeting. In the event that the day appointed for a regular meeting falls on a legal
holiday, the meeting shall be rescheduled. Any changes in the schedule established at the
reorganizational meeting may be made at subsequent meetings. However, these shall be publicized
in advance in accordance with the statutory requirements for notice. All regular Board meetings are
open to the public, and meeting facilities shall provide access to persons with disabilities.
In addition to the members of the Board, the following individuals will regularly attend the business
meetings of the Board: the Superintendent of Schools, the Assistant Superintendent, and other
specified personnel as deemed necessary.
Ref:

Education Law 1708, 2504(2)

Adopted: September 11, 2006

2320
SPECIAL MEETINGS
In an effort to anticipate and respond to special circumstances which may arise during district
operations, any member of the Board of Education may call special and/or emergency meetings of
the Board. Notice of such meetings will be given at least 24 hours before the date of the meeting to
every Board member. The notice shall state the specific matter or matters to be presented for
consideration. If less than a week in advance, public notice of the meeting will be given to the extent
practicable.
If, in an emergency, a special meeting is held before the twenty-four hour notice can be given, each
member may be asked to sign a waiver of notice. A statement regarding the time of notice and
signature of such forms shall be entered in the minutes.
Ref:

Education Law 1606; 2504; 2563


Open Meetings Law, Public Officers Law 100 et seq.

Adopted: September 11, 2006

2330
EXECUTIVE SESSIONS
The Board of Education reserves the right, within the constraints of state law, to meet in executive
session. Such sessions can be requested by any member of the Board or the Superintendent of
Schools.
A Board member must make a motion during an open meeting to convene in executive session.
Upon a majority vote of its members, the Board may convene in executive session at a place which
the Board President or said members may designate within the district to discuss the subjects
enumerated below. Matters which may be considered in executive session are:
1. matters which will imperil the public safety if disclosed;
2. any matter which may disclose the identity of a law enforcement agent or informer;
3. information relating to current or future investigation or prosecution of a criminal offense
which would imperil effective law enforcement if disclosed;
4. discussions regarding proposed, pending or current litigation;
5. collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law);
6. the medical, financial, credit or employment history of a particular person or corporation, or
matters leading to the appointment, employment, promotion, demotion, discipline,
suspension, dismissal or removal of a particular person or corporation;
7. the preparation, grading or administration of examinations; and
8. the proposed acquisition, sale, or lease of real property or the proposed acquisition of
securities, or sale or exchange of securities, but only when publicity would substantially affect
the value thereof.
Matters which may only be considered in executive session are:
1. discussions concerning probable cause to bring disciplinary charges against a tenured
teacher; and
2. discussions concerning the evaluation and/or placement of students with disabilities.
Formal action or vote on matters enumerated in paragraphs 9 and 10 above may only be taken by
the Board during an executive session. No formal action or vote may be taken on any other matter.
The Board shall reconvene in open session to take final action on other matters discussed, and to
adjourn the meeting.
Minutes of executive sessions will reflect all actions and votes taken by the Board in executive
session without personally identifying employees or students affected thereby.

2330
The name of the person who called for the executive session will also appear in the minutes of the
public meeting. The Board may permit staff and other persons whose presence is deemed
necessary or appropriate to attend an executive session or any part thereof.
Ref:

Education Law 1708 (3); 3020-a


Open Meetings Law, Public Officers Law 100 et seq. 8 NYCRR Part 84
Formal Opinion of Counsel No. 239, 16 EDR 457 (1976)

Adopted: September 11, 2006

2340
NOTICE OF MEETINGS
The Board of Education believes that public notice of its activities is essential to ongoing, proactive
cooperation between the Board and the community it serves.
To this end, and in accordance with state law, notice of meetings shall be sent to all members of the
Board, Superintendent of Schools, District Treasurer, and to the newspapers of the district. The
time, date and place of regular Board meetings are established at the Reorganizational Meeting. If a
meeting is scheduled at least a week in advance, notice must be given to the public and news media
by posting in one or more designated public places not less than 72 hours prior to the meeting.
When a meeting is scheduled less than a week in advance the Board shall provide public notice to
the extent practicable. Said notice shall be conspicuously posted in one or more designated public
locations.
Ref:

Open Meetings Law, Public Officers Law 100 et seq.


Education Law 1606; 1708; 2504; 2563

Adopted: September 11, 2006

2341
AGENDA FORMAT
The President of the Board of Education, conferring with the Superintendent of Schools, will arrange
the order of items on meeting agendas so that the Board of Education may accomplish its business
as expeditiously as possible. The particular order may vary from meeting to meeting in keeping with
the business at hand.
The Board will follow the order of business established by the agenda, except as it may vote to
rearrange the order for the convenience of visitors, individuals appearing before the Board, or to
expedite Board business.
Adopted: September 11, 2006

2342
AGENDA PREPARATION AND DISSEMINATION
The responsibility of providing an agenda for all Board of Education meetings will be shared
cooperatively by the Board President and the Superintendent of Schools.
Board members, employees of the school district, and citizens may suggest agenda items by
submitting such to either the Board President or the Superintendent, in writing, at least seven days
prior to the meeting. The agenda, however, shall always allow for recognition and comments by
members of the public.
The agenda, together with supporting materials, shall be distributed to Board members and the
Superintendent at least five days in advance of the scheduled meeting, if at all possible, to allow
Board members to give items of business careful consideration. Advance dissemination of the
agenda shall be the responsibility of the District Clerk. The agenda and appropriate materials shall
also be made available to designated staff and to members of the news media, the public, students
and parents on the day of the meeting.
Adopted: September 11, 2006

2350
BOARD MEETING PROCEDURES
Each Board of Education meeting shall be conducted in an orderly manner which provides time for
and encourages community involvement. The order of business at each regular meeting shall be as
follows:
1. Call to order
2. Pledge of Allegiance
3. Educational Presentations when applicable
4. Public Participation
5. Approval of minutes of previous meeting
6. Reports and recommendations of the Superintendent of Schools
7. Personnel
8. Reports
9. Old business
10. New business
11. Executive session
12. Adjournment
The regular order of business may be changed at any meeting (and for that meeting only) by an
affirmative vote of a majority and voting for the proposed change in the regular order of business.
Except in emergencies, the Board shall not attempt to decide upon any question under
consideration before examining and evaluating relevant information. The Superintendent shall be
given an opportunity to examine and to evaluate all such information, and to recommend action
before the Board attempts to make a decision.
The Board may adjourn a regular or special meeting at any place in the agenda providing that
arrangements are made to complete the items of business on the agenda at a future meeting. The
minutes shall make notice of the adjournment, and the reconvened session shall be considered an
addition to these minutes.
Adopted: September 11, 2006

2351
QUORUM
A majority of the members of the Board of Education shall constitute a quorum for the transaction of
the business of a regular meeting.
Should there be fewer than a quorum present at a regular or special meeting, the members present
may:
a) properly recess;
b) adjourn until a specified time they set for an adjourned meeting, which will be deemed a
regular meeting; or
c) take measures to obtain a quorum.
Final action on any resolution shall be valid only upon vote of the majority of the total membership of
the Board.
Notice of rescheduled meetings shall be given to absent members pursuant to Policy 2340, Notice
of Meetings.
Ref:

Education Law 2590-j.4; 3016


General Municipal Law 902
General Construction Law 41
Matter of Miller and Cerniglia, 17 EDR 275 (1978)

Adopted: September 11, 2006

2352
RULES OF ORDER
Robert's Rules of Order, Revised shall govern all business procedures except where in conflict with
adopted Board of Education policy. The Board of Education, by way of unanimous vote, may
suspend a rule of order.

Adopted: September 11, 2006

2353
VOTING METHOD
The Board of Education may establish its own procedures concerning the method of voting. The
vote of each member present will be recorded in the minutes as required by the Freedom of
Information Law.
Ref:

Freedom of Information Law, Public Officers Law 87.3(a)


General Construction Law, 41
Matter of Miller, 17 EDR 275 (1978)

Adopted: September 11, 2006

2360
MINUTES
The Board of Education believes that open and accurate communication regarding its internal
operations enhances the district's public relations program and provides a record of the district's
progress towards its annual goals. Minutes of all regular and special meetings of the Board shall be
compiled and made available as prescribed by the New York State Open Meetings Law.
Therefore, the Board will maintain a complete and accurate set of minutes of each meeting. Such
minutes shall constitute the official record of proceedings of the Board and shall be open to public
inspection within one week of executive sessions and within two weeks of all other meetings.
Minutes which have not been approved by the Board within this time frame shall be marked,
"DRAFT." A draft of the minutes of each meeting is to be forwarded to each member of the Board
not later than the time the agenda for the next meeting is disseminated.
Minutes will consist of a record or summary of date, time, place, members and staff present,
financial reports, all motions, proposals and resolutions, and any other matters formally voted upon
by the Board as well as the vote itself. In recording such votes, the names of the Board members
shall be called in alphabetical order, and the record shall indicate the final vote of each Board
member.
If a Board member is not present at the opening of a meeting, the subsequent arrival time of such
member shall be indicated in the minutes.
Ref:

Open Meetings Law, Public Officers Law 100 et seq.


Freedom of Information Law, Public Officers Law 84 et seq.
Education Law 2121

Adopted: September 11, 2006

2381
NEWS MEDIA SERVICES AT BOARD MEETINGS
The Board of Education encourages the news media services to attend all its open meetings and
report accurately the actions taken by the Board in its deliberation of all matters under
consideration.
Adopted: September 11, 2006

2390
BOARD HEARINGS
The Board of Education shall schedule public hearings in accordance with the law and on occasions
when it wishes to gather information and seek opinions on important issues affecting the school
district. The Board shall take no formal action at a public hearing.
The time and place of the hearings shall be designated in the notice of the hearing. All interested
persons or their representatives shall have an opportunity to present facts, views, or arguments
relative to ideas or proposals under consideration.
At the beginning of each hearing the Board may present information on the topic of the hearing.
Speakers shall be required to give their name and address. Non-residents do not have the privilege
of speaking at public hearings except when permission is granted by the chair.
Speakers at public meetings, generally, will be limited to three minutes for their presentation.
However, this time limit may be adjusted by the chair if the size of the audience or the number of
requests to speak is small and an increase in the time would not unduly extend the length of the
hearing. Any adjustment in time shall apply to all speakers from the audience.
Any speaker who is out of order may be cautioned by the chair. If such remarks or behavior persists,
the speaker's privilege to address the Board may be terminated.

Ref:

Education Law 3214 Civil Service Law 75

Adopted: September 11, 2006

2410
ADOPTION OF NEW POLICIES OR THE REVISION OF
EXISTING POLICIES BY THE BOARD OF EDUCATION
The Board of Education of the Remsenburg-Speonk Union Free School District desires to set forth
and establish a procedure for the adoption of new policies or revision of existing policies. The
purpose of this procedure is to establish a standard method for an adoption and revision of policies;
to insure adequate consideration of the effects of the proposed policies; to protect the interests of all
concerned; and to prevent hasty and ill-considered action with respect to establishing policies.
The Board of Education prior to the adoption of a new policy or the revision of an existing policy shall
consider the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.

Determine a need for a policy


Establish the scope and purpose of the policy
Assign the responsibility for drafting a policy
Receive and review the draft of the proposed policy
Request the Superintendents comments on the proposed policy, including those of his/her
staff if he/she considers them appropriate to the subject matter of the policy
Receive and review the Superintendents comments and suggestions and revise the draft of
the policy, if required
Present the proposed or revised policy at least two regularly scheduled monthly meetings for
public discussion and comment
Adopt the policy at the next regularly scheduled Board meeting unless some valid reason is
presented for delaying its adoption
If the policy is adopted, it shall be duly recorded in the Clerks official minutes, shall be
assigned an appropriate classification system code, and shall be inserted in the Board Policy
manual
If not adopted, the policy may be eliminated from consideration or it may be resubmitted, with
or without modifications, as a newly recommended policy under the same procedures
enumerated above.

Adopted: August 22, 1994

2410-R
PROPOSED STANDARD PROCEDURE FOR THE ADOPTION OF
NEW POLICIES OR THE REVISION OF EXISTING POLICIES
BY THE BOARD OF EDUCATION
Scope:

This Procedure specifies the regular course of action to be observed in this School
District in the adoption of new policies or the revision of existing policies.

Purpose:

The purpose of this Procedure is:

1.
2.
3.
4.

To establish a standard method for the adoption and revision of policies


To insure adequate consideration of the effects of the proposed policy
To protect the interests of all concerned, and
To prevent hasty and ill-considered action with respect to establishing policies.

1. Board
a) Determine the need for a policy.
b) Establish the scope and purpose of the policy.
c) Assign the responsibility for drafting a policy to someone who is capable and available for this
purpose.
d) Receive the draft of the proposed policy and review it from the stand-point of the Boards
intentions.
e) Revise the draft, if desired.
f) Request the Superintendents comments on the proposed policy, including those of his/her
staff if she/he considers them appropriate to the subject,
g) Receive the Superintendents comments and suggestions and revise or approve the draft of
the policy
h) Adopt the policy at the next regular Board meeting following its approval unless some valid
reason for delaying its adoption or further revising it is offered by a qualified person.
2. Administrator
a) Advise and consult with the Board regarding the need for a Board policy, including its scope
and purpose.
b) Draft a policy, if requested to do so by the Board, in accordance with the Boards expressed
ideas.
c) Evaluate the draft of the policy after its consideration and revision by the Board. (This
evaluation may or may not include the comments of the school staff as the Superintendent
sees fit.)
d) Submit the evaluation of the policy to the Board for its consideration.
e) Establish the appropriate administrative regulations to implement the policy after its adoption
by the Board.

2410-R
f) Furnish copies of the administrative regulations to the Board (a copy for each Board member
and the Clerk) for information purposes.
g) Maintain a Handbook of Policies and a Handbook of Administrative Regulations for easy
reference by all those concerned, i.e. parents, qualified voters, etc., with provisions for
furnishing individual copies to those who may request them.
3. Clerk
Include a complete record of the policy in the Minutes of the meeting at which a policy is adopted.
Reproduce a sufficient number of copies of the policy, after its adoption, to provide one for each
as well as parents, qualified voters, etc., who may request a copy.
Adopted: December 13, 1973

2521
SCHOOL BOARD CONFERENCES,
CONVENTIONS, WORK SESSIONS, WORKSHOPS
In recognition of the need for continuing in-service training and development for its members, the
Board of Education encourages the participation of all members in meetings and activities of area,
state, and national school Boards associations, as well as in the activities of other educational
groups. Board members are encouraged to study and examine materials received from these
organizations as well as publications and tapes available in the Board's own library.
The Board shall have the prerogative to hold a work session or retreat for the purpose of Board
development and/or training, but without intent to take Board action. All expenses incurred by the
work session or retreat will be paid by the school district.
In order to control both the investment of time and funds necessary to implement this policy, the
Board establishes these principles and procedures for its guidance:
1. The Superintendent of Schools will compile, maintain, and distribute to each Board member
a calendar listing school Board conferences, conventions, and workshops, to help the Board
decide which meetings appear to be most promising in terms of producing direct and indirect
benefits to the school district.
2. The Board will reimburse conference attendees (Board members) for reasonable and
necessary expenses not paid for directly by the district (travel, hotel, meals, and registration).
3. Funds for participation at such meetings will be budgeted for on an annual basis. When funds
are limited, the Board will designate which of its members would be the most appropriate to
participate at a given meeting.
4. When any Board member attends a conference, convention, or workshop, the member will
be requested to share information, recommendations, and materials acquired at the meeting.
Ref:

General Municipal Law 77-b

Adopted: September 11, 2006

2530
MEMBERSHIP IN SCHOOL BOARDS ASSOCIATIONS
The Board of Education shall maintain memberships in local, state and national school Board
associations. The memberships shall include, but not be limited to, the Nassau-Suffolk School
Boards Association, New York State School Boards Association, and the National School Boards
Association.
Board members should take the responsibility to attend association meetings for the purpose of
Board development and gathering new information.
Ref:

Education Law 1618 General Municipal Law 77b

Adopted: September 11, 2006

2550
BOARD MEMBER COMPENSATION AND EXPENSES
A member of the Board of Education serves as a public servant and receives no compensation or
stipend for his/her service to his/her community. In the discharge of the members duty, certain
expenses will be incurred which will be completely reimbursable by the school district. These
expenses will be, but are not limited to, travel, meals, lodging, and fees for registration.

Adopted: September 11, 2006

3100
SUPERINTENDENT OF SCHOOLS
The Board of Education shall by a majority vote appoint a Superintendent of Schools for a term of no
less than three years and not to exceed five years. The Superintendent, as chief executive officer of
the Board, shall be responsible for all aspects of administration of the school system, and shall carry
out his/her administrative functions in accord with the policies adopted by the Board. The execution
of all decisions made by the Board concerning the internal operation of the school system shall be
delegated to the Superintendent.
Ref:

Education Law 1711; 2508

Adopted: September 11, 2006

3200
PLACEMENT DECISIONS
Placement within the school system, teacher, grade or special class, shall be at the discretion of the
schools administration and shall be subject to review and change at any time. In making these
decisions, the Superintendent will be guided by performance in the classroom, past records,
recommendations from parents/legal guardians and teacher, standardized test scores and any
other appropriate sources of information. However, the final decision shall rest with the district
administration.
Adopted: March 8, 2004

4200
SCIENCE CURRICULUM GUIDE PHILOSOPHY
Science education plays a viable role in the way we perceive and interact with the world around us.
As society continues to become more scientifically and technologically oriented, students must
become scientifically literate in order to understand the importance and application of scientific
knowledge and processes to their own lives, and the problems of society. Scientific knowledge is
everchanging and everpresent. Therefore, science education should not be taught in isolation, but
as an integrated part of the elementary curricula.
The teaching of science must include activities which require active participation on the part of each
student in an interdisciplinary manner. Individual curiosity, observation skills, problem solving, and
decision making must be respected and encouraged. In addition, group cooperation and sharing of
knowledge is an important part of the scientific process. Teachers are encouraged to use a variety
of resources and techniques in the teaching of science. It is necessary that science be viewed not
only as a body of knowledge, but in a broader sense, as a way of thinking. Thus a major goal of
science education is to lead youngsters in developing effective problem solving skills and guide
them toward informed decision making.
The science curriculum for the RemsenburgSpeonk UFSD will attempt to organize and aid the
teaching of science in the RemsenburgSpeonk Elementary School. In accordance with New York
State syllabus guidelines, the foundation of this curriculum is based on study in the areas of life
science, physical science and ecosystems. Emphasis will be placed on progressive development in
areas of scientific attitudes, skills, content and problem solving. In order to be successful, science
education must provide a continuum of interdisciplinary activities which address these fundamental
aspects of science today.
LANGUAGE ARTS CURRICULUM GUIDE PHILOSOPHY
The ability to use language effectively is appropriately described as a life long skill. Through
language, people share stories, traditions, and values; they inform, describe and explain; they
modify their behavior or the behavior of others; they provide and experience pleasure.
Students skilled in using the language arts of listening, speaking, reading and writing will be better
able to confront, assimilate and communicate information and experiences to others. To help
students use language effectively and appreciate fully the oral and written expression of others, a
welldesigned language arts program ensures that students will learn to use language to:
Gain information, discover meaning and make judgments through critical listening, and
reading;
speak, write and solve problems creatively;
communicate emotions, ideas, opinions, values, experiences and information;
discover both the power and beauty of literature as a mirror of human experience, reflecting
human motives, conflicts, values and traditions.

4200
We recognize the importance of basic skills and competencies, and place them within an integrated
program that teaches reading, writing, listening and speaking in a literate environment in contexts
that are meaningful to the students. In this environment, teachers serve as role models: reading
aloud from favorite books, sharing drafts of their favorite writing and eliciting comments, modeling
appropriate listening and speaking skills. In keeping with our Philosophy of Education, our
awareness of individual needs and developmental stages is reflected in verbal and written feedback
from assignments in all curricula areas.
To adhere to our Philosophy of Education, we plan to create a curriculum guide in which basic skills
are grouped appropriately to account for individual needs as well as goals for each area of
Language Arts.
Adopted:

August 8, 1988
FOREIGN LANGUAGE PROGRAM PHILOSOPHY

It is generally agreed among people in all walks of life that acquisition of a foreign language is not
only an asset but a very important part of a students education. It has been chronicled in recent
years, that rapidly growing expansion of foreign language as a basic subject has been incorporated
into elementary school curricula.
With the renewed emphasis in our country on global awareness, a foreign language program would
create interest in other languages and the people who speak them. This would subsequently
promote foreign language appreciation in the context of cultural diversity, embedded in
multiculturism. Therefore, a foreign language would not be foreign.
Research has revealed that pronunciation is learned more easily in the early years. It has been
found that, although older children can acquire a second language faster than younger children,
those students whose exposure to a second language begins in childhood generally achieve a
higher proficiency in the second language than those who begin as adults. In addition, more recent
indications are that an early introduction of foreign language has significant benefits. It serves as an
intellectual challenge for children, and improves students command of English through crossover
derivations and contrasts. It is believed that a foreign language can enhance students positive
selfimage as they become successful in daytoday language communication.
The two major components of a second language acquisition in children comprise, as one would
expect, the goals of communication and culture. The foreign language program would stress
listening and speaking skills, presented in a relaxed, enjoyable atmosphere. The expected degree
of language proficiency would be fundamental comprehension and expression of words and
phrases commonly used in conversation.
Adopted:

May 30, 1996

4311.1
DISPLAY OF THE FLAG
The Board of Education believes that the flag of the United States is a symbol of the values of our
nation, the ideals embedded in our Constitution and the spirit that should animate our district.
The district shall purchase a United States flag, flagstaff and the necessary appliances for its display
upon or near every school building. There shall be a flag on display in each classroom and
auditorium as well as in front of every school.
The flag shall be flown at fullor halfstaff pursuant to law. In addition, the flag may be flown at
halfstaff to commemorate the death of a present or former Board member, present employee,
teacher, student, clerk or custodian.
Consistent with national and state law and regulations and this policy, the Superintendent of
Schools shall develop rules and regulations for the proper custody, care and display of the flag.
Crossref:

4311, Citizenship Education

Ref:

Education Law418; 419; 420; 802


Executive Law, Article19
8 NYCRR Part 108
Lapolla v. Dullaghann, 63 Misc 2d 157 (1970)

Adopted:

September 11, 2006

4311.1R
DISPLAY OF THE FLAG REGULATION
Flags Displayed OutofDoors and on Movable Hoists Indoors
A United States flag shall be displayed in front of every school building in the district every day that
school is in session and at such other times as the Superintendent of Schools shall direct. Unless
otherwise stated, the flags shall be flown at fullstaff. The flags may also be displayed at night upon
special occasions, at the discretion of the Superintendent when it is desired to produce a patriotic
effect.
In addition to days when school is in session, the flags will be displayed on the following days: New
Years Day, Martin Luther King, Jr. Day, Lincolns Birthday, Washingtons Birthday, Memorial Day,
Flag Day, the Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Pearl
Harbor Day and Christmas Day. If any of these days (except Flag Day) falls on a Sunday, the flag
shall be displayed on the next day. In addition, the flag shall be displayed on each general election
day and each day appointed by the President of the United States or by the Governor of New York
as a day of general thanksgiving or for displaying the flag.
Flags shall be flown at halfstaff on Pearl Harbor Day, on days commemorating the death of a
personage of great importance, and on days designated by the President or the Governor.
The flags shall fly at halfstaff to commemorate the death of a present or former Board member,
present employee, teacher, student, clerk or custodian. Flags shall be flown at halfstaff for an
appropriate period of time in these instances. The flag will not be displayed on days when the
weather is inclement.
Hoisting of the Flag
The flag shall be hoisted briskly and lowered ceremoniously.
In half staffing the flag, it first should be hoisted to the peak for an instant and then lowered to the
halfstaff position. The flag shall be again raised to the peak before it is lowered for the day. The
flag shall never be put at half mast in the middle of the day. It must be put at halfmast in the
morning only.
Indoor Flags and Those Not on Movable Hoists
There shall be a United States flag in each assembly room of every school in the district. It is the
duty of the teacher or other person in charge of each assembly room to ensure that the flag in the
room is displayed from a staff standing at the audiences right as they face the stage. If the flag is
placed on the platform, it should stand at the right of the speaker as he/she faces the audience and
at the audiences left as they face the stage.
Adopted:

September 11, 2006

4320
PROGRAM ACCESSIBILITY FOR STUDENTS WITH DISABILITIES
No classified special education student will be excluded from the Remsenburg-Speonk School
because the facilities are inaccessible or unusable by disabled students.
In the implementation of this policy, the Board recognizes that a school need not make each and
every part of its existing facilities accessible if it can relocate or reschedule enough classes so as to
offer required courses in already accessible areas.
Adopted:

May 14, 1996

4321
PROGRAMS FOR STUDENTS WITH DISABILITIES

The Board of Education shall provide all students with disabilities a free appropriate education in the
least restrictive environment. The Board shall appoint a Committee on Special Education (CSE) to
identify, evaluate and recommend placement of students with disabilities who are in need of special
services or programs. The Board shall also appoint subcommittees, if necessary, to ensure the
timely evaluation and placement of students.
Each student with a disability shall have an equal opportunity to participate in the full range of
programs and services of the school district, including extracurricular programs and activities, which
are available to all other students enrolled in the districts public schools.
The Board will consider prospective members of the CSE and other personnel with regard to their
educational and personal qualifications, working knowledge of students with disabilities, objectivity
and dedication.
The Board directs the Superintendent of Schools to establish administrative practices and
procedures which shall include:
1. identifying and maintaining information about students with disabilities residing in the district;
2. ensuring that students with disabilities and their parent(s)/guardian(s) receive prior written
notice whenever the district proposes or refuses to initiate or change the identification,
evaluation or educational placement of a student;
3. ensuring that each student with a disability receives a comprehensive, nonbiased evaluation
to determine his/her educational needs;
4. developing an individualized education plan (IEP) for each student with a disability;
5. appointing and training appropriate qualified personnel including the members of the CSE;
6. maintaining lists of impartial hearing officers and of State Education Department-approved
special education programs within the county and adjoining counties in which the district is
located;
7. ensuring that adequate and appropriate space is available to meet the needs of students with
disabilities; and
8. reporting to the State Education Department the number of children with disabilities that are
being served, as well as those not served.
It is the responsibility of the Board to arrange for the appropriate, approved services recommended
by the CSE. Should the Board disagree with the recommendation of the CSE; the Board will either
return the recommendation to the original CSE for further consideration or establish a second CSE
to develop a new recommendation for the student within the time frames contained in State law and
regulations.

4321
Placement may be appealed by a parent/guardian to an impartial hearing officer appointed by the
Board. Mediation shall be offered to such parents/guardians to resolve complaints regarding the
education of students with disabilities; at the same time notice of the availability of an impartial
hearing is provided.
The CSE shall make an annual report on the status of each student with a disability and report on
the adequacy of special education programs and services to the Board.
The Board directs the Superintendent to develop and maintain a plan which incorporates
information concerning the provision of services for students with disabilities, pursuant to the
Regulations of the Commissioner of Education.
Ref:

Education Law 3602(19); 4401 et seq. (Article 89)


20 U.S.C. 1232g (FERPA)
20 U.S.C. 1400 et seq. (IDEA)
34 CFR 300.12; 300.503
8 NYCRR Part 200; 279.2
Opinion of Office of Special Education & Rehabilitative Services,
18 IDELR 527 (1991)
School Comm. Of Burlington v. Dept. of Education of Massachusetts, 471 U.S. 359 (1985)
Florence County School Dist. Four v. Carter, __U.S.__, 114 S. Ct. 361 (1993)
Matter of a Handicapped Child, 31 EDR 488 (1992)
Matter of a Handicapped Child, 31 EDR 17 (1991)
Matter of a Handicapped Child, 30 EDR 286 (1991)
Matter of a Handicapped Child, 30 EDR 178 (1990)
Matter of a Child With a Handicapping Condition, 30 EDR 129 (1990)
Matter of a Child with a Handicapping Condition, 26 EDR 439 (1987)
Matter of Child Suspected of Having a Handicapped Condition, 23 EDR 140 (1983)
Matter of Three Handicapped Children, 21 EDR 353 (1981)
rd

Matter of Wohl, 22 EDR 650 (1983); affd 105 AD2d 999 (3 Dept. 1984); affd 66
NY2d 818 (1985)
Matter of Board of Education of Sayville UFSD, 18 EDR 608 (1979)
Adopted:

September 11, 2006

4321-R
PROGRAMS FOR STUDENTS WITH DISABILITIES REGULATION
I.

The Committee on Special Education (CSE)

The Board of Education shall appoint a Committee on Special Education (CSE) composed of:
1. the childs teacher, as defined by applicable federal regulation;
2. a school psychologist;
3. a representative of the school district who is qualified to provide, administer or
supervise special education;
4. a school physician;
5. a parent/guardian of a child with a disability residing in the district, provided
6. the parent/guardian is not employed by or under contract with the district; and
7. such other persons designated by the Board.
II.

Identifying Children with Disabilities

The CSE shall identify students with disabilities who are in need of special services or programs and
develop an individualized educational program (IEP) for each student.
The district shall conduct a census in accordance with the Education Law to locate and identify all
children with disabilities who reside in the district and establish a register of those who are entitled to
attend the school district. The register shall be maintained and revised annually by the CSE. Such
census data shall be compiled and maintained in accordance with the Commissioners Regulations.
Upon receipt of written notification that a student is suspected of having a disability, the CSE
chairperson shall notify the childs parent(s) or guardian(s) that a referral has been made and to
request consent for the child to be evaluated. Such notice must include, among other things, the
following information: the right to consent or withhold consent to an initial evaluation or placement;
the right to a hearing; procedures for appeal; the availability of mediation to resolve complaints
regarding the education of a student with a disability; the acknowledgment that if consent is refused
there will be no evaluation and the student shall remain in his/her current placement, or receive
admittance to the requested school pending the outcome of a hearing; the availability of free or low
cost legal aid and reimbursement of reasonable attorneys fees if the parent(s)/guardian(s) win their
hearing. The notification shall be in the dominant language or mode of communication of the
parent(s)/guardian(s).
If parental consent is not obtained within 30 days of receipt of referral then the Board shall initiate an
impartial hearing to determine if the individual evaluation shall be conducted. The CSE chair shall
notify the parent(s)/guardian(s) of his/her right to request an informal conference at which the
parent(s)/guardian(s) may ask questions regarding the evaluation.

4321-R
III.

Individual Evaluation

The CSE shall ensure that an individual evaluation of the student is conducted at no cost to the
parent(s)/guardian(s). The district shall maintain a list of approved evaluators which shall be
provided to the parent(s)/guardian(s).
The evaluation shall include, at least: a physical examination, a social history, a classroom
observation, a psychological evaluation unless determined unnecessary by the school psychologist
and other appropriate assessments or evaluations as necessary to ascertain the physical, mental
and emotional factors which contribute to the suspected disabilities.
The evaluator shall submit a written report to the CSE which shall include a detailed statement of the
childs individualized educational needs, and if the child is determined to have a disability, a
recommendation as to the frequency and duration of services and the manner in which the child can
be provided with instruction in the least restrictive environment. The parent(s)/guardian(s) shall be
provided the results of the evaluation and a copy of the CSE recommendation in their dominant
language or mode of communication.
If the parent(s)/guardian(s) disagrees with the evaluation, he/she shall notify the district so the
district may initiate an impartial hearing to determine the adequacy of the evaluation. If the hearing
officer determines the evaluation was inadequate, then the parent(s)/guardian(s) may obtain an
independent evaluation at no cost to themselves. Even if the evaluation is determined to be
adequate by the hearing officer, the parent(s)/guardian(s) may obtain an independent evaluation,
but not at public expense.
IV.

Determining the Appropriate Placement and Program Least Restrictive Environment

Following the individual evaluation, if the CSE determines the student has a disability, the members
shall develop an Individual Education Plan (IEP) for the student. The IEP is a written plan which
contains:
1. a statement of the present levels of educational performance of such child and individual
needs;
2. a statement of annual goals, including short-term instructional objectives;
3. a statement of the specific educational services to be provided to such child, class size if
appropriate, and the extent to which such child will be able to participate in regular
educational programs;
4. a statement of the needed transition services for students beginning no later than age 16 and
annually thereafter (and, when determined appropriate for the individual, beginning at age 14
or younger);
5. the projected date for initiation and anticipated duration of such services;
6. appropriate objective criteria and evaluation procedures and schedules for determining, on at
least an annual basis, whether instructional objectives are being achieved;

4321-R
7. a description of any specialized equipment and adaptive devices;
8. a list of testing modifications; and
9. a recommended placement.
Before the development of a recommendation, the CSE shall ensure that the appropriateness of the
resources of the regular educational program, including educationally related support service, and
remedial instruction, have been considered. In developing the IEP, the CSE shall consider a
students academic or educational achievement, learning characteristics, social development,
physical development and management needs. To ensure the student is placed in the least
restrictive environment, the school district, with the input of the students parent(s)/guardian(s) and
teacher(s) and the student, when appropriate, must determine what placement is most appropriate:
placement in a general education program with supplementary aids and services, placement in a
special class or special school or a combination of general and special education classes. The CSE
must show that a general education program was considered when the student is not placed in such
a program.
If the Board disagrees with the recommendation of the CSE, the Board shall follow one of the
following procedures:
1. The Board may return the recommendation to the original CSE with a statement of the
Boards objections or concerns and request that a timely meeting be held to review Boards
objections or concerns. The CSE shall consider the Boards concerns, revise the IEP where
appropriate, and resubmit a recommendation to the Board. If the Board continues to
disagree, it may continue to send the recommendation to the CSE for additional reviews of its
objections or concerns or establish a second CSE; or
2. The Board may immediately establish a second CSE to develop a new recommendation for
the student. If the Board disagrees with the recommendation of the second CSE, the Board
may send the recommendation to the second CSE with a statement of their concerns and a
request that a timely meeting be held to review and consider the concerns. The second CSE
shall consider the Boards concerns, revise the IEP where appropriate, and resubmit a
recommendation to the Board. If the Board continues to disagree with the recommendation
of the second CSE, the Board may continue to remand the recommendation for additional
reviews of its concerns by the second CSE.
In either case, once the Board has established a second CSE, the Board can no longer select the
recommendation of the original CSE.
The parent(s)/guardian(s) shall be notified of the Boards approval or disapproval of the CSEs
recommendation, and provided notice of the meeting when the Board disapproved.

4321-R
The Board must arrange for appropriate special education programs and services to be provided in
accordance with the students IEP within 60 days of receipt of consent to evaluate for a student not
previously identified as having a disability, or within 60 days of the referral for review of a student
with a disability. However, if the recommendation is for placement in an approved in-state or
out-of-state private school, the Board shall arrange for such programs and services within 30 days
of the Boards receipt of the recommendation.
V.

Participation of Students with Disabilities in Extracurricular Programs and Activities

Students with disabilities residing in the district shall have the opportunity to participate in district
programs, including extracurricular programs and activities, which are available to all other students
enrolled in the districts public schools.
VI.

Due Process Provisions

In the event the parent(s)/guardian(s) disagrees with the CSEs recommendation, the CSE fails to
make a recommendation in accordance with the Commissioners Regulations or the Board fails to
effectuate the recommendation within 30 days of receipt of the recommendation, the
parent(s)/guardian(s) may request, in writing, a formal impartial hearing.
Parent(s)/Guardian(s) of students with, or suspected to have, disabilities shall have mediation
available to resolve complaints regarding the education of a student. The availability or use of
mediation shall not diminish or limit any rights of parents or guardians provided for in law, including
the right of a parent or guardian to request an impartial hearing subsequent to mediation. The
parent(s)/guardians will not be deemed to have failed to exhaust administrative remedies by
requesting an impartial hearing in the absence of or prior to mediation.
During the pendency of an appeal, unless the parent(s)/guardian(s) and Board otherwise agree, the
child will remain in the current educational placement.
Adopted:

September 11, 2006

4321.1
SPACE PROVISION FOR STUDENTS ENROLLED IN
DISTRICT SPECIAL EDUCATION PROGRAMS
The Board of Education guarantees that appropriate space will be available to meet the needs
of resident students with disabilities who attend special education programs provided by the
Board of Cooperative Educational Services (BOCES) or other school facilities. At least once
per year, a staff member from the Districts Special Education Department will visit the
placement of each resident student who attends a BOCES special education program or other
facility to assure the appropriateness of the space allocated for that placement.

Adopted:

May 14, 1996

Amended:

January 13, 1997

4321.2
PRESCHOOL SPECIAL EDUCATION
The Board of Education recognizes the value of special education and its responsibility in ensuring
that all resident preschool children with disabilities have the opportunity to participate in special
programs and services from which they may benefit. The Board authorizes the Superintendent of
Schools to establish administrative practices and procedures which shall include:
1. locating and identifying all preschool children with disabilities pursuant to the relevant
provisions of the Education Law. The register of children eligible to attend a preschool
program is to be maintained and revised annually by the Committee on Preschool Special
Education (CPSE);
2. ensuring that the parent(s)/guardian(s) of preschool age children with disabilities have
received and understand the request for consent for evaluation of their child;
3. developing an individualized education program (IEP) for each preschool age child with a
disability;
4. appointing and training appropriately qualified personnel including the members of a CPSE;
5. maintaining lists of impartial hearing officers and of State Education Department-approved
special education programs within the county and adjoining counties in which the district is
located; and
6. reporting to the State Education Department the number of children with disabilities that are
being served, as well as those not served.
The Board of Education hereby establishes the CPSE as required under the Education Law. Its
responsibilities will include the evaluation and recommendation for placement in appropriate
approved programs and the provision of appropriate special education programs and services for
each preschool child with a disability. The CPSE shall review, at least annually, the status of each
preschool child with a disability.
It is ultimately the responsibility of the Board to arrange for the appropriate approved preschool
program and services for the district children. Should the Board disagree with the CPSE's
recommendations, it shall send the recommendation back to the CPSE so that they may schedule a
timely meeting to review the Boards concerns and to revise the IEP as deemed appropriate.
Placement may be appealed by a parent/guardian to an impartial hearing officer, appointed by the
Board. Mediation shall be offered to such parents/guardians to resolve complaints regarding the
education of preschool children with disabilities; at the same time notice of the availability of an
impartial hearing is provided.
The CPSE shall make an annual report on the status of each preschool child with a disability and
report on the adequacy of preschool special education programs and services to the Board.

4321.2
The Board directs the Superintendent to ensure that the district considers that adequate and
appropriate space is made available for such programs and services.
The Board directs the Superintendent to develop and maintain a five-year plan which incorporates
information concerning the provision of services for preschool children with disabilities, pursuant to
the Regulations of the Commissioner of Education.
Ref:

Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.


34 CFR 300.12; 300.503
Education Law 4410
8 NYCRR Part 200

Adopted:

September 11, 2006

4321.2-R
PRESCHOOL SPECIAL EDUCATION REGULATION
1.

The Committee on Preschool Special Education (CPSE)

The Board of Education shall appoint a Committee on Preschool Special Education (CPSE)
composed of:
1. an appropriate professional employed by the school district who shall serve as the
chairperson of the committee;
2. a parent/guardian of a child with a disability who resides in the district and is enrolled in
preschool or elementary level education provided the parent/guardian is not employed by or
under contract with the district or county;
3. the childs teacher;
4. a professional who participated in the evaluation of the child; and
5. for a child in transition from programs and services provided pursuant to applicable federal
laws, the appropriately licensed or certified professional designated by the applicable
agency.
The chief executive officer of the county in which the district is located also may appoint an
appropriately licensed or certified professional to the CPSE.
The Board directs the Superintendent of Schools to ensure that all members of the CPSE are
appropriately trained for their responsibilities on the CPSE.
II.

Identifying and Evaluating Preschool Children with Disabilities

The district shall conduct a census in accordance with the Education Law to locate and identify all
children with disabilities who reside in the district and establish a register of children who are eligible
to attend a preschool program in accordance with Section 4410 of the Education Law. The register
shall be maintained and revised annually by the CPSE. Census data shall be compiled and
maintained in accordance with Section 200.2(a) of the Regulations of the Commissioner.
Age eligibility for preschool special education will be determined in the following manner: if the child
turns three between January 1 and June 30 of a calendar year, the child will be eligible for special
education as of January 2 of that year; if the child turns three on or after July 1 during that year, the
child will be eligible as of July 1.
Upon the receipt of written notification that a preschool child is suspected of having a disability, the
chairperson of the CPSE shall notify the childs parent(s)/guardian(s) that a referral has been made
and request consent for the childs evaluation. Such notification must include the following
information: the right to consent or withhold consent to an initial evaluation or placement; the right to
a hearing; procedures for appeal; the availability of mediation to resolve complaints regarding the
education of a preschool child with a disability; an acknowledgment that if consent is refused, there

4321.2-R
will be no evaluation and the student shall remain in his/her current placement, or receive
admittance to the requested school pending the outcome of a hearing; the availability of free or low
cost legal aid and reimbursement of reasonable attorney=s fees if the parent(s)/guardian(s) win
their hearing. The notification shall be in the dominant language or mode of communication of the
parent(s)/guardian(s).
If parental consent is not obtained within 30 days of receipt of referral, the Board shall initiate an
impartial hearing to determine if the individual evaluation shall be conducted. The CPSE
chairperson shall notify the parent(s)/guardian(s) of his/her right to request an informal conference
at which the parent(s)/guardian(s) may ask questions regarding the evaluation.
III.

Individual Evaluation

The CPSE shall ensure an individual evaluation of the preschool child is conducted at no cost to the
parent(s)/guardian(s). The district shall maintain a list of approved evaluators which shall be
provided to the parent(s)/guardian(s). The parents may select the evaluator from the list.
The evaluation shall include: a physical examination; a social history; a psychological evaluation
unless determined to be unnecessary by the school psychologist; and other appropriate
assessments or evaluations as necessary to ascertain the physical, mental and emotional factors
which contribute to the suspected disabilities.
The evaluator shall submit a written report to the members of the CPSE and to a person designated
by the county in which the preschool child resides. The report shall include a detailed statement of
the preschool childs individual needs, if any. The report shall not recommend the type, frequency
and duration of service; the manner in which the child could be provided with instruction and/or
related services; nor refer to any specific service provider. The parent(s)/guardian(s) shall receive a
summary of the evaluators findings. Upon request, the parent(s)/guardian(s) shall also receive a
copy of the evaluators statement and recommendation to the CPSE.
If the parent(s)/guardian(s) disagrees with the evaluation, he/she shall notify the district so the
district may initiate an impartial hearing to determine the adequacy of the evaluation. If the hearing
officer determines the evaluation was inadequate then the parent(s)/guardian(s) may obtain an
independent evaluation at no cost to themselves. Even if the evaluation is determined adequate by
the hearing officer, the parent(s)/guardian(s) may obtain an independent evaluation, but not at
public expense.
IV.

Determining the Appropriate Preschool Program in the Least Restrictive Environment and
Developing the Individualized Education Program (IEP)

Following the individual evaluation, if the CPSE determines the child has a disability, the members
shall recommend approved appropriate services and/or special programs and the frequency,
duration and intensity of such services including, but not limited to, the appropriateness of single

4321.2-R
serves or half-day programs based on the individual needs of the child.
Before the CPSE recommends any program, the members must first consider the appropriateness
of providing (1) related services only, (2) special education itinerant services only, (3) related
services in combination with special education itinerant services, (4) a half-day preschool program,
or (5) a full-day preschool program. If it is determined that a child needs a single related service, the
service must be provided as a related service only or, where appropriate, as a special itinerant
service.
Before recommending a program which provides special education services in a setting which
includes only children with disabilities, the CPSE must consider programs in which the child will be
placed with non-disabled children of a similar age. Settings which do not provide contact with
non-disabled children may only be considered when the nature or severity of the childs disability is
such that education in a less restrictive environment with the use of supplementary aids and
services cannot be satisfactorily achieved. In cases where the recommendation is for services to
be provided in a setting without regular contact with non-disabled peers, the recommendation must
contain a statement as to why less restrictive placements were not recommended.
Prior to making any recommendation that would place a child in an approved program owned or
operated by the same agency which conducted the initial evaluation of the child, the CPSE may
obtain an evaluation of the child from another approved evaluator. If the CPSE decides to obtain
another evaluation and the parent(s)/guardian(s) withdraws consent or otherwise chooses not to
have their child further evaluated, the CPSE shall inform the parent(s)/guardian(s) that their childs
review cannot proceed until such time as the additional evaluation has been completed.
Twelve-month special services and/or programs shall be provided to eligible preschool children
consistent with their individual needs, as specified in the IEP. The CPSE or the Board may
recommend services and programs that are different in type or intensity than the services and
programs provided during the school year.
Any recommended programs and services shall be selected from the list of approved preschool
programs within the county and adjoining counties or the municipalitys list of itinerant service
providers. The CPSE must provide the recommendation to the Board within 30 days of the date of
receipt of consent and shall notify the parent(s)/guardian(s) of the child of its recommendation. The
recommendation must state the reasons for the recommendation even if the CPSE determines the
child has no disability. In addition, if the CPSEs recommendation differs from the
parents(s)/guardians(s) preference with respect to the frequency, duration or intensity of services,
the recommendation must specify reasons why a program different than the
parents(s)/guardians(s) preference was recommended.
In developing and individualized education program (IEP), the CPSE must review all relevant
information, including but not limited to:

4321.2-R
1. information presented by the parent(s)/guardian(s) and the childs teacher(s);
2. the results of all evaluations; and
3. information provided by the appropriate licensed or certified professional designated by the
agency that is charged with the responsibility for the child pursuant to applicable federal laws,
if any.
Upon the parents(s)/guardians(s) request, the CPSE shall provide copies of all written
documentation to be considered by the committee in the development of the preschool childs IEP.
The Board shall arrange the appropriate services and/or program after receipt of the
recommendation of the CPSE. Should the Board disagree with the recommendation of the CPSE,
the recommendation shall be returned to the CPSE with notice to schedule a timely meeting to
review the Boards concerns. The parent(s)/guardian(s) and the county shall be notified of the
Boards disapproval of the recommendation and the need to schedule a meeting to discuss the
Boards reasons for disapproval and to revise the IEP as deemed appropriate.
Services of a program shall commence with the July, September or January starting date of the
approved program. Should the recommendation of the CPSE be given 30 days prior to, or after,
such starting date for the program selected for the child, services shall be provided no later than 30
days after the recommendation of the CPSE. The CPSE shall review at least annually the status of
each preschool child with a disability.
V.

Due Process Provisions

Should the parent(s)/guardian(s) of a preschool child disagree with the determination of the Board
or if the CPSE or the Board fails to make or effectuate such a recommendation within the time
periods set by the Commissioner, an impartial hearing may be requested.
Parents or guardians of preschool children with, or suspected to have, disabilities shall have
mediation available to resolve complaints regarding the education of a student. The availability or
use of mediation shall not diminish or limit any rights of parents or guardians provided for in law,
including the right of a parent or guardian to request an impartial hearing subsequent to mediation.
Parents or guardians will not be deemed to have failed to exhaust administrative remedies by
requesting an impartial hearing in the absence of or prior to mediation.
During the pendency of an appeal, unless the parent(s) or guardian(s) and Board otherwise agree,
the child will remain in the current educational placement at the time the Board made the decision
which is the subject of the appeal. If the child has not been previously served, he/she may enter the
Board recommended placement if the parent(s)/guardian(s) provides consent. Until his/her third
birthday, a preschool child who received services from an agency after having been placed by a
Family Court, may continue to receive services at the agency. The child may remain in such
placement until August 31 of that calendar year, and thereafter must be referred to the CPSE.
Adopted: September 11, 2006

4321.3
INDEPENDENT EDUCATIONAL EVALUATIONS
The Board of Education recognizes the right of parents or guardians of a student who has or is
thought to have a disability to receive an independent evaluation at public expense if they disagree
with the evaluation obtained by the Committee on Special Education (CSE) or the Committee on
Preschool Special Education (CPSE).
The independent examination shall be conducted by a qualified examiner who is not employed by
the school district responsible for the childs education. Upon request, parents will be provided with
a list of public and private agencies and professional resources where independent evaluations may
be obtained. These publicly-funded independent evaluations shall be limited to the same
geographic and fiscal limitations as used by the district when it initiates an evaluation.
Parents or guardians should file a written request within ninety (90) days from the date of the CSE or
CPSE evaluation. The district has the right to initiate an impartial hearing to demonstrate that its
evaluation is appropriate. If the hearing officer determines that the districts evaluation was
appropriate, a parent or guardian is not entitled to reimbursement at public expense.
The Board directs the Superintendent of Schools to develop regulations establishing maximum
allowable fees for specific tests, the geographic area in which such evaluations may take place, and
minimum qualifications of the professionals who administer and interpret various tests; and a
reasonable timeline for seeking reimbursement.
Ref:

34 CFR 300.503
7 NYCRR 200.1(u); 200.5(a)(l)(vi)(a); 200.5(b); 200.5(c)(6)
Application of a Child with a Handicapping Condition, SRO Dec. No. 93-26 (1993)
Application of a Child with a Handicapping Condition, 30 EDR 129 (1990)
Application of a Child with a Handicapping Condition, 30 EDR 108 (1990)
Application of a Child with a Handicapping Condition, 26 EDR 439 (1987)
Appeal of a Handicapped Child, 25 EDR 185 (1985)
Matter of a Child Suspected of Having a Handicapping Condition, 23 EDR 140 (1983)
Matter of Three Handicapped Children, 21 EDR 353 (1981)
Memorandum to District Superintendents Independent Evaluations; Updating on
Regulatory Requirements, State Education Department

Adopted: September 11, 2006

4321.5
INDIVIDUALIZED EDUCATION PROGRAM DISTRIBUTION
The Board of Education believes that in order for each student with disabilities to receive the full
benefit of his/her Individualized Education Program (IEP), individuals responsible for
implementing the IEP must fully understand the scope of their responsibility, and the specific
accommodations, modifications, and supports to be provided.
Therefore, and in accordance with state law, the Chairperson of the Committee for Special
Education (CSE) shall ensure that prior to implementation of such program, a copy of a
students IEP is provided to any and all persons responsible for implementing the students IEP,
including:
1.
2.
3.
4.

regular education teachers;


special education teachers;
related service providers; and
other service providers.

All copies of a students IEP provided under this policy must remain confidential, and shall not be
disclosed to any other person, in accordance with the Individuals with Disabilities Education Act
(IDEA) and the Family Educational Rights and Privacy Act (FERPA). To ensure such
confidentiality, the CSE Chairperson shall include with each IEP provided to the people listed above
a copy of the Boards policy on student records confidentiality. All IEP copies must remain in a
secured location on school grounds at all times.
In addition, for each student with an IEP, the CSE Chairperson shall designate a professional
employee of the school district with knowledge of that students disability and program to inform
teachers, service providers, assistants and support staff of their responsibilities under the IEP,
and the specific accommodations, modifications, and supports that must be provided for the
student, prior to implementation of the students program. The designated professional
employee shall obtain the signature of each person receiving an IEP and the Boards policy on
student records confidentiality. At the end of the school year, he/she shall collect all IEP copies
provided under this policy.
Ref:

Individuals with Disabilities Education Act (IDEA), 20 USC 1400 et seq.


Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g; 34 CFR Part
99
Education Law 4402(7)
12 NYCRR 200.2; 200.4

Adopted: September 11, 2006

4321.6
TESTING OF HEARING AIDS WORN BY
STUDENTS WITH DISABILITIES
All children with disabilities who wear hearing aids will be required to have their acoustical
equipment checked, at least annually, at district expense. This evaluation shall be conducted by a
local, licensed and authorized agency with the equipment necessary for calibration.
Procedures:
1.
2.
3.
4.
5.

Written notification by the school nurse to the parent at least 60 days prior to annual review.
Consent requested from parent for notification of Agency.
Upon receipt of consent, agency will be notified.
Parent asked to initiate contact within 30 days.
Upon receipt of the hearing aid evaluation, the results will be incorporated into all reports for
use by the CSE at annual review.

Adopted: May 14, 1996

4321.8
IMPARTIAL HEARING OFFICER
APPOINTMENT AND COMPENSATION
The Board of Education will appoint impartial hearing officers (IHO), as needed, to hear complaints
regarding the identification, evaluation, or placement of students with disabilities, or the provision of
a free appropriate public education to such a student in accordance with the rotational selection
process and other applicable procedures described in Commissioners regulations.
Selection
The updated list of certified IHOs for this county promulgated by the New York State Education
Department will be used in connection with requests for impartial hearings. The list shall also include
the names of those other certified IHOs whose names appear on the state list and who have
indicated to the district their interest in serving as an IHO in the district.
Upon receipt of a request for an impartial hearing, the rotational selection process for the IHO shall
be initiated immediately and always within two (2) business days after receipt by the district of such
written request. Should an IHO decline appointment or if within 24 hours the IHO fails to respond or
is unreachable after reasonable efforts by the District Clerk or designee, such efforts will be
documented through independently verifiable efforts. The district representative shall then
proceed through the list to determine availability of the next successive IHO.
The District Clerk or other person so designated, under the direction of the Board President, shall
initiate the selection process by contacting the impartial hearing officer whose name first appears
after the impartial hearing officer who last served. The District Clerk or designee shall canvass the
list in alphabetical order as prescribed by the Regulations of the Commissioner of Education until an
appointment is accepted.
An IHO on the districts rotational list may not accept appointment unless he or she is available to:
1. Make a determination on the sufficiency of the due process complaint that will be heard at the
hearing within five days of receiving such a request; and
2. Initiate the hearing within the first 14 days after either:
The date on which he or she receives written notice that the parents and the district
waived their right to hold are solution meeting to resolve their differences prior to
commencement of the hearing, or met but were unable to reach agreement; or
The expiration of the 30day period beginning with the receipt of the due process
complaint, which ever occurs first.

4321.8
Appointment
The Board President, or in his or her absence or inability the Vice President, will appoint an IHO
immediately after the IHO selected from the rotational list indicates he or she is available.
The Board will rescind the appointment of an IHO and appoint a new one if, the parties to the
hearing mutually agree that the IHO is either incapacitated or otherwise unavailable or unwilling to
continue the hearing or issue a decision. The appointment of a new IHO in such an instance will be
made in accordance with the selection and appointment procedures established by this policy.
Compensation
The district shall compensate an impartial hearing officer for his or her services at the maximum rate
established for such purpose by the Director of the Division of the Budget. Currently, this rate is
$100.00 per hour for prehearing, hearing, and posthearing activities. In addition, impartial
hearing officers may be reimbursed for reasonable, actual and necessary expenses for automobile
travel, meals and overnight lodging in accordance with the current district reimbursement rate set for
district employees. Mailing costs associated with the hearing will also be reimbursed. The District
will not reimburse impartial hearing officers for administrative assistance, secretarial or other
overhead expenses.
Cancellation
The district shall attempt to provide an Impartial Hearing Officer with two (2) business days advance
notice of the cancellation or rescheduling of an impartial hearing. Should the district request the
cancellation or rescheduling of a hearing date and fail to provide an Impartial Hearing Officer with
two (2) days notice, the district agrees to pay the Impartial Hearing Officer a fee of $100.00. The
district shall not be responsible for costs associated with a parent or guardians cancellation or
adjournment of a hearing.
A copy of this policy will be forwarded to the impartial hearing officer at the time of appointment.
Records relating to the IHO process including, but not limited to, the request for initiation and
completion of each impartial hearing will be maintained by the district and such information will be
reported to the Office of Vocational and Educational Services for Individuals with Disabilities of SED
as required by Commissioners regulations.
Ref:

8NYCRR200.2; 200.5; 200.21

Adopted: April14, 2008

4326
LIMITED ENGLISH PROFICIENCY INSTRUCTION
The Board of Education believes that students, who, by reason of foreign birth or ancestry, have
limited English proficiency, will be more effective learners of both the language and the curriculum if
they receive reading, writing, speaking, and listening instruction in both their native language and
English. The district recognizes that English Language Learners (ELL) students should be offered
equal opportunities to develop their fullest potential to become lifelong learners. The district will
therefore make every effort to ensure that ELL students are provided with an appropriate program of
transitional bilingual education or freestanding English as a second language program.
Pursuant to this policy and the regulations of the Commissioner of Education, the Superintendent of
Schools is directed to develop appropriate administrative regulations to ensure that ELL students
are:
1. Diagnostically screened for limited English proficiency, in accordance with Part 117 of the
Commissioners Regulations. Those students who, according to their scores, are identified
as ELL will be annually evaluated. Included in the evaluation shall be each students
performance in content areas to measure academic progress;
2. Assured of access to appropriate instructional and support services, including guidance
programs; and
3. Assured of having equal opportunities to participate in all school programs and extra
curricular activities as nonELL students.
The Superintendent shall be responsible for ensuring that the Commissioner is provided with all
information required under the Commissioners Regulations and that the district provides
appropriate schoolrelated information to the parents of ELL students in English, or when
necessary, in the language they understand. In addition, the Superintendent shall ensure that all
teachers employed for any bilingual and/or ESL program are properly certified in accordance with
the Commissioners Regulations.
Ref:

EducationLaw3204
Bilingual Education Act of 1974, 701et seq., 20U.S.C. 880b et seq.
EqualEducationalOpportunitiesActof1974, 201et seq., 20U.S.C.1701etseq.
8NYCRR80.9; 80.10; 117; 154 et seq.
Lau v. Nichols, 414 U.S. 563 (1974)
Rios v. Read, 480F.Supp. 14 (1978)
Cintron v. Brentwood UFSD, 455F. Supp 57 (1978)
Aspira of New York v. Board of Educ. (City of New York), 394 F. Supp. 1161(1974)

Adopted: September 11, 2006

4326R
ENGLISH LANGUAGE LEARNERS
(LIMITED ENGLISH PROFICIENCY)
INSTRUCTION REGULATION
In attempting to ensure that students who are limited English proficient ELL receive appropriate
schooling in English and curriculum areas, the school district shall:
1. in accordance with Part 117 of the Commissioner's Regulations, diagnostically screen every
new entrant to the schools to determine whether they are possibly ELL* in accordance with
subdivision 2a of section 3204 of the Education Law. It will also be determined through such
screening whether the student is of foreign birth or ancestry and comes from a home where a
language other than English is spoken as determined by the results of a home language
questionnaire and an informal interview in English;
2. ensure that students diagnostically determined to be ELL are annually evaluated. Such
evaluation will include evaluation of each student's performance in content areas to measure
the student's progress;
3. ensure that all ELL students have access to appropriate instructional and support services,
including guidance programs;
4. ensure that all ELL students have equal opportunities to participate in all school programs and
extra curricular activities as nonELL students;
5. annually provide the Commissioner with the following documents, in the form and by the dates
prescribed by the Commissioner:
a. a copy of the Board of Education's policy;
b. a report by building of students initially identified and annually evaluated as being ELL in
the preceding school year;
c. a report by building of the number of teachers and support personnel providing services
to ELL students;
d. a description by building of the curricular and extracurricular services provided to LEP
students; and
e. results of the annual evaluation of ELL students, including test data and any additional
data required by the Commissioner.
The district will also distribute to the parents or other persons in parental relation to ELL students,
schoolrelated information in English or when necessary, the language they understand, and refer
ELL students who are suspected of having a disability to the Committee on Special Education.
[In addition to the above requirements, districts which desire to receive state aid for the operation of
programs for ELL students must comply with the following additional requirements]
In order to receive state funds for the education of ELL students, the district shall submit to the State
Education Department by September 1 of each year a comprehensive plan to meet the educational
needs of such students.

4326-R
* A student who by reason of foreign birth or ancestry, speaks a language other than English, and
scores at or below the fortieth percentile on an English language instrument approved by the
Commissioner, is to be classified as "ELL."
Such plan shall include:
1. The criteria used to place ELL students in appropriate transitional bilingual or free standing
ESL programs;
2. A proposed budget for the operation of the stateaided program;
3. A description of the nature and scope of the bilingual and/or ESL services currently available
to ELL students;
4. An evaluation plan in the format specified by the State Education Department;
5. A description of procedures for the program's management, including: staff selection,
parental notification, coordination of funds, training, and program planning;
6. An assurance that all regulations and laws governing programs for ELL students will be
followed;
7. A description of the support services provided to ELL students;
8. A description of the transitional services provided to ELL students; and
9. A description of the inservice training plan for all school personnel.
Bilingual Instruction
Should 20 or more ELL students with the same native language at the same grade label all attend
the same school building in the district, such students shall be provided with a bilingual program.
Such program shall be composed of:
1. English as a second language (ESL) instruction which emphasizes listening, speaking,
reading, writing and communicating skills in English;
2. course content instruction in both English and the native language; and
3. native language arts instruction which emphasizes communication skills in the students
home language.
English as a Second Language Instruction
Should fewer than 20 ELL students with the same native language at the same grade level all attend
the same school building in the district, such students shall be provided with a freestanding English
as a Second Language (ESL) program. Such program shall be composed of:
1. instruction which emphasizes listening, speaking, reading, writing, and communicating skills
in English; and
2. course content area instruction using ESL methods.

4326-R
Such program need not provide a native language arts component designed to develop skills in the
native language.
Additional Concerns
The district reserves the right to contract with a Board of Cooperative Educational Services
(BOCES) or another school district to provide bilingual and/or ESL programs.
The district shall notify, in English or in the appropriate native language, the parent(s) or guardian(s)
of a student designated as ELL of the student's placement in a transitional bilingual or ESL program.
Such notification shall include program options, including the option of not having the student placed
in a transitional bilingual program. Should a parent wish to withdraw his/her child from a transitional
bilingual program, the parent/guardian shall meet with the Building Principal and Supervisor of
Bilingual Education. Such meeting shall be for the purpose of informing the parent/guardian of the
nature and value of the transitional bilingual program. Any child that withdraws from a transitional
bilingual program must participate in a freestanding ESL program.
Parents shall be informed that they have the option of transferring their child to another school within
the district, when the number of eligible students in the student's building does not require the
offering of a transitional bilingual education program. If a parent/guardian chooses not to exercise
this option, he/she shall be informed that the child will participate in a freestanding ESL program.
Support Services
The district shall provide appropriate support services to students who are participating in either
transitional bilingual or free-standing ESL programs in order for such students to achieve and
maintain a satisfactory level of academic performance. Such services may include, but shall not be
limited to, individual counseling, group counseling, home visits, and parental counseling. If
appropriate, such services shall be provided in the first language of the students and the students
parent(s)/guardian(s).
Transitional Services
The district shall ensure a transition for former ELL students who are transferring from a bilingual or
freestanding ESL program into an English main stream program. Transitional services shall be
provided for the first year after such students are placed in the English main stream instructional
program.
InService Training
The district shall provide inservice training to all personnel providing instruction or other services to
ELL students in order to enhance staff appreciation for such students' native languages and
cultures, and staff ability to provide instructional and support services.

4326-R
Services to ELL Students with Disabilities
If a student's score on an English language assessment instrument approved by the Commissioner
is the result of a disability, the student shall be provided special education programs and services in
accordance with the individualized education program (IEP) developed for such student(s). Such
student shall also be eligible for all services described above, if such services are recommended in
his/her IEP.
Appropriate district personnel shall meet at least twice a year with all parents of ELL students to
discuss the students' needs and progress.
Adopted: September 11, 2006

4513
Library Media Center Selection
Remsenburg-Speonk Union Free School District Mission Statement
The mission of the Remsenburg-Speonk School District is to prepare all students with the
knowledge, competencies, social responsibilities, and positive self-image to be life-long learners
and contributing members of society.
The Remsenburg-Speonk School District will provide programs and conditions that maximize
learning success so that all students meet individual high-level performance standards.
Remsenburg-Speonk Library Media Center Mission Statement
The mission of the Remsenburg-Speonk Library Media Center is to make available to faculty and
students a collection of materials that will enrich and support the curriculum and school mission and
meet the needs of the students and faculty served. The library recognizes that freedom of inquiry is
vital to education in a democracy. The library will provide students with a wide range of educational
materials on all levels of difficulty and in a variety of formats, with diversity of appeal, allowing for the
presentation of many different points of view.
Library Media Center Selection Policy
Books and Materials are selected for our library if they meet the following criteria:
Integral to the instructional program, curriculum, and school and library mission;
Appropriate for the reading level and understanding of students in the school;
Reflect the interests and needs of the students and faculty served by the media center;
Possess literary and/or artistic value and merit;
Present information with the greatest degree of accuracy and clarity possible;
Represent a fair and unbiased presentation of information. In controversial areas, the library
media specialist, in cooperation with the faculty, should select materials representing as
many shades of opinion as possible, in order that varying viewpoints are available to
students.
Library Deselection Policy
Books will be deselected, or weeded, using the University of Texas MUSTIE criteria:
Misleading: The item is misleading and/or factually inaccurate.
Ugly: The item is ugly, which means it is worn and beyond mending. Replacement copies will
be purchased for classics and extremely popular items.
Superseded: The information contained in the item is superseded by a truly new edition or
by a much better book on the subject.
Trivial: The item is trivial, or of no discernible literary or scientific merit.

4513
Irrelevant: The item is irrelevant to the needs and interests of our community. This may be
assessed through circulation and in-library usage statistics generated by the Follett
Circulation Software.
Elsewhere: The material may be obtained expeditiously elsewhere through interlibrary loan,
reciprocal borrowing, the Virtual Reference Collection, or the open Internet.
Reconsideration Policy
Reconsiderations must be submitted in writing and include detailed, well-researched supporting
reasons why the library material in question is inconsistent with the Library Selection Policy. A
committee will be formed of the Library Media Specialist, Superintendent/Principal, member of the
Board of Education, and member of the teaching faculty to review the item. The reconsideration
committee will bear in mind the Library Selection Policy. The committee will thoroughly study the
item and read available reviews. The general acceptance of the material will be checked by
consulting standard evaluation aids and local holdings in other schools. Passages or parts should
not be pulled out of context. The values and faults should be weighed against each other and the
opinions based on the materials as a whole.
If the committee determines that the item is consistent with the selection policy and should remain
part of the collection or assigned reading, the parent and child may choose not read the item. In this
case, a list of alternatives within the same genre and similar reading level will be provided.
Adopted: February 11, 2008

4526.1
COMPUTER, NETWORK AND INTERNET USE POLICY
The Remsenburg-Speonk Board of Education affirms the districts commitment to preparing
students for the 21st century. Students need to be technologically literate to become successful,
productive citizens and to succeed in an internationally competitive workforce.
Educational technology is to be integrated into instruction and management to promote student
learning, while enhancing both the teaching process and the operations of the school system.
Through the use of such technology, instruction will be delivered so that students and district
personnel can access and process information as well as manage and communicate information.
The applicable use of computers and technology will be communicated to all users throughout the
district. The use of computers and networks will provide for the facilitation of the exchange of
information to further communication, education and research; and is, accordingly, consistent with
the mission of the Remsenburg-Speonk Union Free School District. The messages and documents
residing within, created and/or transmitted on any computer network may be subject to the districts
monitoring and review. The district administration reserves the right to supervise the use of all
computers, networks and to inspect the information and content they contain. An authorization form
must be completed by each person requesting access to the districts computers or networks. Any
use without authorization is prohibited.
Use of district computers and networks for private or commercial business, or political or religious
purposes is prohibited. Use of district computers and/or networks for illegal activity or to access or
transmit obscene or pornographic material is prohibited. Transmitting or storing offensive or
objectionable material is prohibited on district computers or networks; the districts determination as
to whether the nature of the material is considered to be offensive or objectionable is to be
considered as final. Using programs that harass users or infiltrate a computing system and/or
damage the hardware or software components is prohibited.
Any use of district computers that access outside resources must conform to the terms and
conditions of the Remsenburg-Speonk Union Free School Districts Computer, Network and
Internet Use Policy. Subscribers to listservs, bulletin boards and on-line services must be
pre-approved by the district.
Responsibilities of all Computer Users of the Remsenburg-Speonk District Computer Network
Privileges, Rights and Responsibilities
The use of the districts computer and network resources is a privilege. It is expected that all
individuals utilizing the districts computers and networks will undertake responsibility for their
actions and words and will, furthermore, respect the rights and privileges of all network users. Users
need to familiarize themselves with these responsibilities. Failure to adhere to them may result in
the loss of network and/or computer privileges, suspension and possible legal actions.

4526.1
Exemplary behavior is expected while computers are being used.
Never share your password or account with anyone. Impersonation, anonymity, or
pseudonyms are not permitted. You have full responsibility for the use of your account, and
will be held responsible for any policy violations that are traced to your account. Do not leave
the account open or unattended.
Do not damage, abuse or break the hardware, software or the network.
Do not plagiarize or use copyrighted material without permission. Do not quote personal
communications without the original authors prior consent. Honor all rules of copyright and
personal property. Ownership of text, software, and other media is protected to the full extent
of the law and must be respected.
Use of computers for illegal activities or for commercial gain is prohibited.
Avoid the spread of computer viruses. You are responsible to take precautions to prevent
viruses on the schools equipment.
Use appropriate language. Profanity, pornography or obscenities are not permitted at any
time. Be courteous and polite. Avoid offensive or inflammatory speech.
You will be expected to respect the rights and property of others, and will not improperly
access, misappropriate or misuse the files, data or information of others.
Documents and/or mail should be deleted regularly in order to conserve space.
Interpretation, application and modification of this policy is within the sole discretion of the
Remsenburg-Speonk Union Free School District. Any questions or issues regarding this
policy should be directed to the Remsenburg-Speonk District Administration.
Installation of software is permitted only by the districts administration, and should not be
undertaken by any other user unless authorized by the administration.
Users are not permitted to work in or modify the Network Operating System.
Unauthorized exploration or changes to any system files is prohibited.
Acceptable Use
The purpose of the Internet is to support research and education in and among academic
institutions in the U.S. by providing access to unique resources and the opportunity for collaborative
work. The use of your account must be in support of education and research and consistent with the
educational objectives of the Remsenburg-Speonk Union Free School District.
Equal Access to Network and Computer Services
All approved users of the network or computer services have the right to equal access to resources.
Some uses, however, such as approved class work, have priority
Safety from Harassment
If you ever feel harassed or threatened by somebody on the network, bring it to the attention of the
system administrator immediately.

4526.1
The Remsenburg-Speonk Union Free School District will submit an Authorization Form to all
parents/guardians stating the Computer, Network and Internet Use Agreement. The district will
have the teacher/parent/guardian and student execute the release-user agreement, and the district
will provide for the promulgation of the guidelines stated in this policy.
Implementation of this policy and the consequences for infractions of the aforementioned guidelines
will be the responsibility of the Building Administrator and/or his/her designees. The policy and the
consequences for infractions will be clearly delineated, communicated and enforced.
Unacceptable uses of the districts computer resources may result in the suspension or revocation
of these privileges, as well as disciplinary and/or monetary consequences and possible legal
actions. Any appeal may be brought to the Superintendent of Schools whose decision will be final.
Adopted: August 15, 2005

4526.1-E
Remsenburg-Speonk Elementary School

* INTERNET CONTRACT *
I, _________________________, pledge to use the Character Standards and to follow these rules
while using computers or the Internet at school, at home, or elsewhere. If I break these rules in
school, I must agree to the following consequences:
First Time: 1 week loss of Computer and/or Internet privileges
Second Time: parental notification, 2 weeks loss of Computer and/or Internet
Third Time: parental notification, loss of Computer and/or Internet privileges
for a time to be determined by the principal
Please Note: Computer and/or Internet privileges may be revoked indefinitely
at any time by the principal, depending on the nature of any inappropriate use

1. I will never give out personal information such as my home address, telephone number,
home e-mail address, or the name and location of my school without my teachers
permission.
2. I will tell my teacher right away if I come across any information that makes me feel
uncomfortable. This includes text, pictures, music, or videos.
3. I will never send a person my picture or anything else without first checking with my teacher.
4. I will always treat people online with respect and treat them, as I would like to be treated.
5. I will not reply to any messages that are mean or in any way make me feel uncomfortable. It
is not my fault if I get a message like that. If I do, I will tell my teacher right away.
Please return to school by _________________
Students signature _______________________
Parents signature ________________________

4531
FIELD TRIPS AND EXCURSIONS
Type of trips covered
All rules apply to all trips sponsored or endorsed by school personnel, educational or recreational,
inside or outside the school day, and at school or private expense.
Number of trips permitted
No specified number of trips will be allocated to any teacher. The total number of trips is to be
determined by funds available.
Application
Field trips will be requisitioned at the same time and in the same manner as all other instructional
items needed to conduct class activities. Requisitions for field trips will be treated as all other
requisitions and will be entered in the budget upon approval.
Guidelines for approval:
1.
2.
3.
4.

The teacher must demonstrate how the field trip will be constructive to the curriculum.
The time is available.
Proper readiness has been carried out and that followup activities will be performed.
Funds for this purpose are available either through the budget, private funds or the
PTA.

It is the responsibility of the teacher to confer with the Superintendent prior to making specific
arrangements. After tentative approval, the teacher is to arrange the trip.
Guidelines:
1.
2.
3.
4.
5.

Contact the institution to arrange dates, times and entrance costs.


Request transportation from Superintendent for specified time.
Submit field trip application to be signed by Superintendent.
Arrange chaperones, as required.
Distribute permission slips to students containing complete itinerary.

Changes in schedules
When plans for a trip change for any reason the Superintendent will be notified in writing, and new
arrangements made at his/her discretion.

4531
Number of students
There is to be no minimum or maximum number of students required or approval of a trip.
Whenever entire classes or combined classes can travel together to the same point and achieve
constructive curriculum goals, such combined trips will be considered preferable to trips for small
groups.
Approval of student participation
Each student who is to participate in an off school grounds activity must have, in advance,
permission of the teacher, Superintendent and parent. Permission will be required for each trip.
Loading and unloading students
All students making a trip beginning and ending during school hours will board the bus and be
discharged at the
school. When a trip begins or ends outside of school hours, children may be picked up and left at
their regular bus stop but only with prior approval of the teacher, administrator and permission of
parents.
Supervision of students
At least one member of the school professional staff in addition to a driver who has had training as
required by
Regulations of the Commissioner of Education must travel in each bus used for a trip. In addition,
one chaperone shall be requested for every ten children, excluding the driver.
Authority of driver
The driver is responsible to demonstrate that the vehicle used has been approved by the Public
Service Commission as required by regulations of the Commissioner of Education. The driver is
authorized and responsible for discontinuance of a trip and return to RemsenburgSpeonk when in
his/her judgment continuing the trip would endanger the passengers.
Exception
Exceptions to these rules may be permitted by the Superintendent only.
Adopted: April 11, 1974
Revised: August 14, 2006

4531-R
FIELD TRIPS AND EXCURSIONS
The Board recognizes that field trips for educational purposes are an important part of the school
curriculum. Educational value and student safety shall be primary considerations.
The Board will encourage educational program field trips, provided they are well planned in class
prior to the trip as an integral part of the instructional program, carefully supervised, and
appropriately incorporated into the program upon return.
Factors relevant in consideration of approval of such field trips might include the relationship to the
curriculum, the distance of the trip, availability of transportation, costs involved, weather conditions,
and utilization of chaperones. Prior approval by the Superintendent is required before any
arrangements are discussed.
No charge will be made to students for such educational field trips, other than the normal admission
fee if one is involved. The Superintendent will ensure that no student is denied the opportunity for
the trip based on the inability to pay any such fee. In addition, students who do not participate are
expected to be in school and will be assigned appropriate work for the day.
A student will be excluded from a field trip if:
student is deemed a safety or security risk
student has a history of inappropriate behavior
student fails to return a signed permission slip one day prior to the trip
Overnight Trips
Overnight trips may not exceed one nights stay away from home. Participation is limited to sixth
grade students. Only one such trip may be scheduled. School personnel will chaperone the trip,
augmented with parent chaperones if necessary.
Field trips requiring an overnight stay away from home must be approved by the Superintendent.
Approval in principle must be received before any commitments or arrangements are made.
Requests for approval in principle must include:
1. a statement of educational objectives of the trip
2. a proposed budget including costs to students and sources of finance
3. a general plan and schedule for the trip

4531-R
The total cost of the trip should be met by the district with a portion paid by the students. The budget
will be submitted in advance to the Superintendent for approval. Any fund-raising activities will be
coordinated by the 6th grade teacher with approval by the Superintendent. The same conditions
that apply to day field trips and excursions also apply to overnight trips.
Adopted: November 15, 1993
Revised: August 14, 2006

4532
PUPIL-TEACHER RATIO
Scope:

This policy specifies the class size limits for this school.

Purpose:

The purpose of this policy is to protect our teachers from a teaching burden that
impairs their teaching efficiently, also to protect the students from impaired teaching
due to over-burdened teachers.

It is the policy of the Board of Education of this school district to control the ratio of pupils to teachers
for the purpose stated above. Therefore, the following ratios will be maintained:
Kindergarten
20 - 25 pupils- one teacher with a teaching assistant part-time or full-time as warranted
25 pupils - one teacher with a teaching assistant full-time
30 pupils - divide the class
Grades 1 & 2
20 - 25 pupils - one teacher with a teaching assistant part-time or full-time as warranted
25 pupils - one teacher with a teaching assistant full-time
30 pupils - divide the class
Grades 3 6
20 - 25 pupils - one teacher with a teaching assistant part-time or full-time as warranted
25 pupils - one teacher with a teaching assistant full-time
30 pupils - divide the class
The above plan will be executed in accordance with considerations of space, time of year, staffing,
and any other pertinent factors. Exceptions may be made. The decision to divide the classes or
assign additional staff rests with the Board of Education upon recommendation of the
Superintendent.

Adopted: January 10, 1974


Amended: May 12, 1975
Amended: March 14, 1977
Amended: July 8, 1991
Amended: December 14, 1992

4533
HOMEWORK
The Board of Education Acknowledges that homework, along with regular study and review of class
materials, is essential for making the most of ones educational opportunity. Homework also
provides students with a practical application of the character standards and gives parents authentic
opportunities to reinforce the Character Standards at home. In addition to the knowledge of subject
matter derived from doing homework and the reinforcement of school learning, completion of such
work develops independent thinking and good work habits, provides a measure of a students ability
to work alone, and helps the home and the school to understand better each others aims.
Therefore, homework will be assigned to assist students in achieving the following objectives:
1.
2.
3.
4.
5.
6.
7.
8.
9.

To provide essential practice in needed skills


To practice good work habits
To afford opportunities for increasing self-direction
To enrich and extend school experience
To learn to budget time
To encourage out-of-school learning
To promote growth in responsibility
To reinforce understanding
To provide opportunities to apply the Character Standards: Respect, Responsibility,
Self-Control, Perseverance, Courtesy and Tolerance

The Board of Education believes that parental involvement in students homework is essential to
making homework an integral part of the educational program. Parents are expected to support and
monitor homework assignments and to provide conditions that are conducive to their successful
completion.
Adopted: July 11, 2000

4600
GUIDANCE
Students will be provided the opportunity to:
1. Understand the interrelationship between personal responsibility, regular school attendance,
good work and study habits, and career/life planning.
2. Recognize the relationship between the development of personal life-styles and
environmental influences.
3. Explore interests while developing positive attitudes and values towards self, career/life
planning and the world of work.
4. Investigate career/vocational interest areas and consider preferred as well as alternate
choices.
5. Understand the roles of various business, community and government agencies.
Adopted: August 8, 1983

4773
DIPLOMA ACCESS FOR STUDENTS WITH DISABILITIES
The RemsenburgSpeonk Union Free School District assures that students with disabilities are
afforded appropriate opportunities to earn a high school diploma through the Special Education
programs and services provided by neighboring districts where RemsenburgSpeonk students
attend on a tuition basis. The needs of the individual student shall determine which services are
rendered. It is further affirmed that:

Students who have not obtained age 21 prior to September 1st and have not received a local
diploma can continue to receive appropriate educational opportunities for special education
services and programs approved by the State Education Department.

Students shall have access to the full range of programs and services set forth in Part 200 of
the Commissioners Regulations to the extent that such programs and services are appropriate to
such students special education needs.

Special education programs and services shall be provided according to the needs of each
student and shall be described in an approved Individual Educational Program (IEP) which will
guide the students teachers and parents in meeting the individual needs of the student and
assessing progress toward specific goals. Said plan will be reviewed at least annually.

Free appropriate education is provided through access to the full range of programs and
opportunities available in general and special education.
A students participation in general education shall be provided to the extent appropriate to his/her
individual needs. Instructional techniques and materials will be modified so as to provide the
opportunity for a student with a disability to meet requirements, as appropriate.
ISSUANCE OF A CERTIFICATE
Procedures and criteria for the issuance of a local certificate are instituted by local school districts
that provide Middle School and High School Education to RemsenburgSpeonk residents as
tuition students.
Adopted: May 14, 1996

5020
EQUAL EDUCATIONAL OPPORTUNITIES
The Board of Education mandates that every student shall be provided with equal educational
opportunities regardless of race, color, creed, sex, national origin, religion, age, economic status,
marital status, or disability.
An educational environment will be fostered that provides equal educational opportunity for all
students. Educational programs and services will be designed to meet the needs of all students and
shall not discriminate based upon any of the above-mentioned factors. No student will be excluded
on such basis from participating in or having access to any course offerings, student athletics,
counseling services, employment assistance, extracurricular activities or other school resources.
Ref:

Americans with Disabilities Act of 1990, 42 U.S.C. 12131-12134


Civil Rights Act of 1964, as amended in 1972, Title VI, Title VII
Executive Order 11246, 1965, amended by Executive Order 11375
Educational Amendments of 1972, Title IX; 45 CFR, Parts 81, 86
Education for all Handicapped Children Act (P.L. 94-142)
Vocational Rehabilitation Act of 1973, 504
Brown v. Board of Education, 347 U.S. 483 (1954)

Adopted: September 11, 2006

5020.2
RACIAL HARASSMENT OF STUDENTS
The Board of Education is committed to safeguarding the rights of all students within the school
district to learn in an environment that is free from racial* discrimination, including racial
harassment. The Board recognizes that racial harassment of students can originate from a person
of the same or different race of the victim including peers, employees, Board members or any
individual who foreseeably might come in contact with students on school grounds or at
school-sponsored activities.
Racial harassment of students consists of different treatment on the basis of race and is recognized
in two different forms:
1. when the district's employees or agents, acting within the scope of official duties, treat a
student differently than other students solely on the basis of race; or
2. when the education environment is not kept free from discrimination because the harassing
conduct is so severe, pervasive or persistent that it interferes with or limits the ability of a
student to participate in or benefit from the services, activities or privileges provided.
The Board also prohibits any retaliatory behavior against complainants or any witnesses.
Any student who believes that he/she has been subject to racial harassment should report the
alleged misconduct immediately, pursuant to 5020.2-R, so that corrective action, up to and including
discharge of an employee or suspension of a student, may be taken at once. The complainant shall
not be discouraged from reporting an incident of alleged racial harassment. In the absence of a
victims complaint, the Board, upon learning of, or having reason to suspect the occurrence of any
racial harassment, will ensure that an investigation is promptly commenced by appropriate
individuals.
The Superintendent of Schools is directed to develop and implement specific procedures on
reporting, investigating and remedying allegations of racial harassment. Such procedures are to be
consistent with any applicable provisions contained in the districts policy manual, collective
bargaining agreements, the tenure laws as well as other federal and state laws on racial
harassment. Training programs shall be established for students and employees to raise
awareness of the issues surrounding racial harassment and to implement preventative measures to
help reduce incidents of racial harassment.
A copy of this policy and its accompanying regulation is to be distributed to all personnel and
students and posted in appropriate places.
*For the sake of simplicity and clarity, the term race shall be used throughout this policy to refer to
all forms of discrimination prohibited by Title VI - - that is, race, color, and national origin.
Adopted: September 11, 2006

5020.2-R
RACIAL HARASSMENT OF STUDENTS REGULATION
The Board of Education will implement the following regulation concerning any racial* discrimination
or racial harassment of students. A student can be subject to racial harassment by a student,
employee, Board member or any individual who foreseeably might come in contract with the student
on school grounds or at school activities. The following are examples of the type of incidents racial
harassment which might constitute racial harassment:
1.
2.
3.
4.

unwanted verbal comments, racial name calling, racial or ethnic slurs, slogans, graffiti;
school security treating black students more severely than white students;
intimidating actions such as cross-burning or painting swastikas; and
teacher repeatedly treating minority students in a racially derogatory manner.

Procedures
The Board shall designate a Compliance Officer to carry out the districts responsibilities for
redressing grievances pursuant to policy 5311.3, Student Complaints and Grievances. In addition,
the Board will designate a second individual for ensuring compliance with Title VI so that students
who believe that they have been subjected to racial harassment will have a second avenue of
complaint, if the alleged harasser is the Compliance Officer.
The Superintendent of Schools shall notify all students and employees of the name, office address
and telephone numbers of both designees. In addition, the Board through this regulation has
established grievance procedures that provide for prompt investigation and equitable resolution of
student racial harassment complaints.
The Superintendent shall implement specific and continuing steps to notify students, parents,
employees, and prospective students or employees that the school district does not discriminate on
the basis of race in the educational programs or activities which it operates. Such notification shall
include publication in: local newspapers; newspapers and magazines operated by the district or by
student, alumnae, or alumni groups for or in connection with the district; and memoranda or other
written communications distributed to every student and employee.
All reports of racial harassment will be held in confidence, subject to all applicable laws and any
relevant provisions found in the districts policy manual and collective bargaining agreements.

5020.2-R
Consistent with federal and state law, and all applicable provisions contained in the districts policy
manual and collective bargaining agreements, the following procedures shall be employed in
handling any report, investigation and remedial action concerning allegations of racial harassment:
Students who believe they have been subjected to racial harassment are to
report the incident to the Compliance Officer or the second designee as
described above. The Compliance Officer or designee shall notify the Building
Principal and the Superintendent of all complaints. The student can pursue
his/her complaint informally or file a formal complaint.
Investigation of a Complaint
Upon receipt of a formal or informal complaint, a prompt, thorough and impartial investigation of the
allegations must follow. This investigation is to be conducted diligently. All witnesses shall be
interviewed and if requested, the victim shall speak with an individual of the same race.
Complainants are to be notified of the outcome of the investigation.
Informal Complaints
In addition to notification to the Compliance Officer or the Boards designee as described above,
students who believe they have been subjected to racial harassment may request that an informal
meeting be held between themselves and the Principal or Superintendent. The student may also
request a meeting with a counselor or administrator of the same race. Parents or guardians of the
student shall be notified of their right to attend the interview with their child. The purpose of such a
meeting will be to discuss the allegations and remedial steps available.
The Principal or Superintendent will them promptly discuss the complaint with the alleged harasser.
The alleged harasser shall be informed of his/her right to representation by counsel. Should the
alleged harasser deny the allegations, the Principal or Superintendent is to inform the complainant
of the denial and request a formal written complaint to file with his/her report to the next level of
management on what has transpired to date. If the complainant submits a formal complaint, a copy
of the complaint shall accompany the Building Principals or Superintendents report with a
recommendation for further action.
Should the harasser admit the allegations, the Principal or Superintendent is to obtain a written
assurance that the unwelcome behavior will stop. Depending on the severity of the charges, the
Principal or Superintendent may impose further disciplinary action. Thereafter, the Principal or
Superintendent is to prepare a written report of the incident and inform the complainant of the
resolution. The complainant is to indicate on the report whether or not she/she is satisfied with the
resolution.

5020.2-R
If the complainant is satisfied with the resolution, the incident will be deemed closed. However, the
complaint may be reopened for investigation if a recurrence of racial harassment is reported. The
Principal or Superintendent is to inform the complainant to report any recurrence of the harassment
or any retaliatory action that might occur. Should the complainant be dissatisfied with the resolution,
he/she is to file a formal written complaint.
If during the Principal or Superintendents informal attempt to resolve the complaint, the alleged
harasser admits the allegations but refuses to give assurance that he/she will refrain from the
unwelcome behavior, the Principal or Superintendent is to file a report with the next appropriate
level in the complaint procedure. The report is to indicate the nature of the complaint, a description
of what occurred when the Principal or Superintendent informed the alleged harasser of the
allegations against him/her, the harassers response to the allegations, and a recommendation that
stronger corrective measures be taken. This report should be accompanied by the students formal
complaint.
Formal Complaints
Formal complaints may be submitted either to initially report any incidence of racial harassment, or
as a follow-up to an unsatisfactory resolution of an informal attempt to resolve a complaint. In the
latter case, the formal written complaint is to be submitted to the Principal or Superintendent
originally consulted, who will then forward it to the next appropriate level of management, e.g., the
Superintendent or the Board, for appropriate action.
The formal written complaint will consist of any appropriate forms and a copy of any applicable
Principal or Superintendent reports. The appropriate forms solicit the specifics of the complaint,
e.g., date and place of incident, description of racial misconduct, names of any witnesses, and any
previous action taken to resolve the matter.
The Superintendent or the Board shall take immediate, appropriate and corrective action upon a
determination of racial harassment. The Superintendent or the Board shall notify the complainant of
any finds and action taken.
Adopted: September 11, 2006

5020.3
STUDENTS WITH DISABILITIES PURSUANT TO SECTION 504
The Board of Education shall ensure that no student is discriminated against in programs or
activities receiving federal financial assistance. Individuals protected by Section 504 of the
Rehabilitation Act of 1973 are those individuals who: have a physical or mental impairment which
substantially limits one or more major life activities (e.g. caring for ones self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and working); have a record of such
impairment; or are regarded as having such an impairment. Students who qualify for protection
under Section 504 are: of an age during which non-disabled children are provided preschool,
elementary or secondary education services; of an age during which it is mandatory under state law
to provide such educational services to disabled children; or to whom a state is required to provide a
free appropriate public education (e.g. under IDEA).
The Board shall identify, evaluate, refer, place, provide adaptations for and review all eligible
students with disabilities. Students with disabilities pursuant to Section 504 shall be provided a free
appropriate public education which may include, but is not limited to, providing a structured learning
environment; repeating and simplifying instructions about in-class and homework assignments;
supplementing verbal instructions with visual instructions; using behavioral management
techniques; adjusting class schedules; modifying test delivery; using tape recorders,
computer-aided instruction, and/or other audiovisual equipment; selecting modified textbooks or
workbooks and tailoring homework assignments or modification of nonacademic times such as
lunchroom, recess and physical education.
The Board shall adopt a grievance procedure to resolve Section 504 complaints and designate an
individual to coordinate compliance with Section 504. The Board shall ensure that students with
disabilities and their parents are notified annually of the Boards responsibilities under Section 504.
Ref:

Rehabilitation Act of 1973, 29 USC 794 et seq. (Section 504)


34 CFR Part 104
Individuals with Disabilities Education Act, 20 USC 1400 et seq. (IDEA)
Education Law, 4401 et seq. (Article 89)
7 NYCRR Part 200

Adopted: September 11, 2006

5030
STUDENT COMPLAINTS AND GRIEVANCES
The Board of Education believes it is necessary that students be made aware of the behavior that is
expected of them, as outlined in district policies on school conduct and discipline. They shall also be
given an opportunity to be heard on complaints and grievances they may have.
A student filing a complaint or grievance alleging that there is an action affecting them which is
prohibited by Title IX and/or Section 504 of the Rehabilitation Act or the Americans with Disabilities
Act shall be provided with information regarding the prompt and equitable resolution of the
complaint or grievance. Furthermore, a student shall have the right to present complaints and
grievances in accordance with the procedure free from coercion, interference, restraint,
discrimination or reprisal.
Building Principals are responsible for ensuring that due process and appeal procedures are
incorporated into discipline codes, explained to all students, and provided to all parents on an
annual basis.
Annual Notification
At the beginning of each school year, the district shall publish a notice of the established grievance
procedures for resolving complaints of discrimination due to sex and/or disability to
parents/guardians, employees, eligible students and the community. The public notice shall:
1. inform parents, employees, students and the community that vocational education programs
are offered without regard to sex, race, color, national origin or disability;
2. provide the name, address and telephone number of the person designated to coordinate
activities concerning discrimination due to sex and/or disability;
3. be included in announcements, bulletins, catalogues, and applications made available by the
district.
The Board delegates the Superintendent of Schools to establish regulations, procedures and
guidelines for presenting problems or appealing decisions which affect individual students, in
accordance with applicable statutory requirements, and for the resolution of complaints or
grievances which may affect the student body.
Cross-ref:
Ref:

0100, Equal Opportunity 5300, Code of Conduct


Americans with Disabilities Act, 42 U.S.C. 12133
Title IX, Education Amendments of 1972, 20 U.S.C. Chapter 38;
34 CFR Part 106; 45 CFR Part 86
Rehabilitation Act of 1973, 504, 29 U.S.C. 794; 34 CFR 104
Education Law 3214

Adopted: September 11, 2006

5030-R
STUDENT COMPLAINTS AND GRIEVANCES REGULATION
Definitions
1. Grievant shall mean a student who alleges that there has been a violation of Title IX or
Section 504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA) statute or
regulations which affect him/her.
2. Grievance shall mean any alleged violation of Title IX, Section 504 or the ADA statute or
regulations.
3. Compliance Officer shall mean the employee designated by the Board of Education to
coordinate efforts to comply with and carry out responsibilities under Title IX, Section 504 or
the ADA.
4. Representative shall mean any person designated by the grievant as his/her counsel or to
act in his/her behalf.
Individual complaints and grievances shall be handled in accordance with the following guidelines:
1. For informal conciliation, students should confer with the appropriate teacher or school
personnel to achieve prompt resolution. Students may appeal to the highest authority in the
school building, i.e., the Building Principal, who has the final determination on all such
matters.
2. For resolution of matters where appeal procedures are prescribed by statute, e.g. student
suspensions, the prescribed course of action will be followed.
3. On issues affecting the student body, students may address the student government or
student council in order to resolve such matters. Students may be afforded a conference with
the Principal in accordance with the rules and procedures established by the student
government.
4. The resolution of student complaints alleging any action prohibited by Title IX, Section 504 or
the ADA shall be dealt with in the following manner:
Stages
A.

Stage I - Compliance Officer


1. Within 30 days after the events giving rise to the grievance, the grievant shall file a grievance
in writing with the Compliance Officer. The Compliance Officer may informally discuss the
grievance with the grievant. He/She shall promptly investigate the complaint. All employees
of the school district shall cooperate with the Compliance Officer in such investigation.
2. Within 15 days of the receipt of the grievance, the Compliance Officer shall make a finding in
writing that there has or has not been a violation of Title IX, Section 504 of the Rehabilitation
Act or the ADA. In the event the Compliance Officer finds that there has been a violation,
he/she shall propose a resolution of the complaint.

5030-R
3. If the grievant is not satisfied with the finding of the Compliance Officer, or with the proposed
resolution of the grievance, the grievant may, within 15 days after he/she has received the
report of the Compliance Officer, file a written request for reviewed by the Superintendent.
B.

Stage II Superintendent of Schools

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

Stage III - Board of Education


1. When a request for review by the Board has been made, the Superintendent shall submit all
written statements and other materials concerning the case to the President of the Board.
2. The Board shall notify all parties concerned of the time and place when a hearing will be held.
Such hearing will be held within 15 school days of the receipt of the request of the grievant.
All parties concerned shall have the right to present further statements and testimony at such
hearing.
3. The Board shall render a decision in writing within 15 days after the hearing has been
concluded.

Distribution of the Grievance Procedure


A copy of the procedure shall be distributed to all employees and to all students or their
parents/guardians. A copy of this procedure shall be available for public inspection at reasonable
times with the District Clerk or at the office of the Compliance Officer.
Adopted: September 11, 2006

5100
Student Attendance
The Board of Education requires that students attend school regularly in accordance with the State
law. The Board of Education believes that consistent class attendance and punctuality are essential
factors in the academic process. The educational program offered by the district is based upon the
presence of the student and requires continuity of instruction and classroom participation. The
regular contact of students with one another, and students participation in a well-planned
instructional activity under the direction of a certified teacher are vital to this purpose.
Consistent attendance and punctuality are congruent with the Character Standards
taught/implemented in the school district. Unwarranted absences which are not in compliance with
the state regulations, especially those which occur at or near vacation periods, have a highly
adverse affect on the student and his/her classmates as well as the entire educational program.
Tardiness interrupts the teacher and the students, disrupts the classroom, and impedes the learning
process for all students.
There are times, however, when a student may legally and appropriately be excused from school
attendance, or may arrive late to school. Such excuses include:
1.
2.
3.
4.
5.
6.
7.
8.
Ref:

Sickness of the student


Death in the family
Impassable roads or weather making travel unsafe
Religious observance
Sickness of the student requiring attendance at a medical clinic
Approved school-sponsored trips or athletic or extra-curricular events
Quarantine
Required court appearances
Education Law Sections 3205, 3210, 3212

Adopted: May 8, 2001

5100-R
STUDENT ATTENDANCE REGULATION
The Board of Education requires that students attend school regularly in accordance with the State
law. The Board of Education believes that consistent class attendance and punctuality are essential
factors in the academic process. The educational program offered by the district is based upon the
presence of the student and requires continuity of instruction and classroom participation. The
regular contact of students with one another, and students participation in a well-planned
instructional activity under the direction of a certified teacher are vital to this purpose.
There are times, however, when a student may legally and appropriately be excused from school
attendance, or may arrive late to school. Such excuses include:
1.
2.
3.
4.
5.
6.
7.
8.

Sickness of the student


Death in the family
Impassable roads or weather making travel unsafe
Religious observance
Sickness of the student requiring attendance at a medical clinic
Approved school-sponsored trips or athletic or extra-curricular events
Quarantine
Required court appearances

Attendance Procedures
1. A phone call to the nurse is required between 9:00 and 10:00 A.M. on the first day of an
absence. If the nurse is not contacted, she will call the parent/guardian.
2. Upon returning to school, each student, by law, must bring a written excuse to his/her
teacher, signed by a parent or guardian, stating the date, length of time, and reason for
absence. If a not is not received within three school days, the absences is considered illegal.
3. When a student returns to school after an illness, If the parent provides a written request, the
student will be allowed to stay in for one recess period. If more than one day is needed, a
doctors note must be provided.
4. Students who are absent for more than five consecutive days due to illness must present a
written explanation from their doctor. If such students fail to present a written explanation, the
school nurse will call the parent(s)/guardian(s) to review the situation.
5. At the tenth absence a letter will be sent home to the parent/guardian, indicating the schools
concern, unless consultation with the school personnel deems it inappropriate.
6. At the fifteenth absence a conference will be arranged between the parent/guardian and
appropriate school personnel to discuss the student absences and develop a plan to
eliminate/minimize them, unless consultation with school personnel deems it inappropriate.

5100-R
7. At the twentieth absence a letter will be sent to the parent/guardian as notice that the school
authorities have alerted Child Protective Services (CPS) to possible educational neglect,
unless consultation with school personnel deems it inappropriate.
Lateness Procedures
1. Students who arrive at school after 9:00 A.M. must report to the main office for an Attendance
Pass before going to their classrooms.
2. Students who arrive at school after 9:15 A.M. must report to the main office for an Attendance
pass and check in at the school nurses office before going to their classroom.
3. At the tenth lateness a letter will be sent home to the parent/guardian, indicating the schools
concern, unless consultation with the school-personnel deems it inappropriate.
4. At the fifteenth lateness a conference will be arranged between the parent/guardian and
appropriate school personnel to discuss the students lateness and develop a plan to
eliminate/minimize them, unless consultation with the school personnel deems it
inappropriate.
5. At the twentieth lateness a letter will be sent to the parent/guardian as notice that the school
authorities have alerted Child Protective Services (CPS) to possible educational neglect,
unless consultation with school personnel deems it inappropriate.
Ref:

Education Law Sections 3205, 3210, 3212

Adopted: May 8, 2001

5130
COMPULSORY ATTENDANCE AGES
All children are required by New York State law to attend school full time, in a public, private or
parochial school, unless exempt from attendance in conjunction with current law or regulation, and
approved by the State Education Department from the first day of session in September of the
school year in which the minor becomes six years of age through the last day of the school year in
which such minor becomes 16 years of age, unless he/she has completed a four-year high school
course of study. A minor who has completed a four-year high school course of study is not required
to attend.
The Board of Education, through the Superintendent of Schools as chief administrative officer, is
responsible for enforcement of the Compulsory Education Law.
Ref:

Education Law 1711; 3201; 3202(1-a); 3205; 3206; 3208; 3225


8 NYCRR 101
Family Court Act 711 et seq.

Adopted: September 11, 2006

5140
ENTRANCE AGE
Children who reach their fifth birthday on or before December 1st of the year of matriculation are
entitled to attend school and may be admitted to kindergarten. Proof of age must be presented in the
form of a birth certificate, baptismal certificate, or passport.
A child who has regularly attended and satisfactorily completed a year's work in a kindergarten
which is duly registered with the State Education Department will be enrolled in the first grade.
The Board authorizes the Superintendent to establish any and all rules, regulations, and procedures
necessary to implement and maintain this policy.
Ref:

Education Law 1709; 1712; 2503; 2514; 2555; 3202; 3205; 3210

Adopted: September 11, 2006


Amended: June 14, 2010

5150
SCHOOL ADMISSIONS
In accordance with state law, all persons over five and under 21 years of age and all veterans
(except dishonorably discharged veterans) who are residents of the district will be eligible to attend
the public schools free of charge, if they have not already received a high school diploma.
A non-veteran under 21 years of age who has received a high school diploma shall be permitted to
attend school or BOCES upon payment of tuition.

Ref:

Education Law 903; 904; 3202; 3208


Public Health Law 2164

Adopted: September 11, 2006

5151
HOMELESS CHILDREN
The Board of Education recognizes its responsibility to identify homeless children within the district,
encourage their enrollment and eliminate existing barriers to their education which may exist in
district practices. The Board will provide that homeless children attending the districts schools
access to the same free and appropriate public education, including preschool education, as other
children.
A homeless child is a child who lacks a fixed, regular, and adequate nighttime residence or who has
a primary nighttime location in a public or private shelter designed to provide temporary living
accommodations, or a place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings. This definition also includes a child who shares the housing of
others due to loss of housing, economic hardship, or similar reason; lives in motels, hotels, trailer
parks, or camping grounds due to the lack of alternative adequate accommodations; lives in a car,
park, public space or abandoned building, substandard housing, bus or train station or similar
setting; has been abandoned in a hospital or is awaiting foster care placement; or is a migratory
child who qualifies as homeless. An unaccompanied youth is a homeless child for whom no parent
or person in parental relation is available.
A homeless child has the right to attend school in either the district of origin (i.e., where he/she
resided before becoming homeless), the district of current location, or a district participating in a
regional placement plan. The homeless child is entitled to attend the designated school district on a
tuition-free basis for the duration of his or her homelessness. If the child becomes permanently
housed, the child is entitled to continue to attendance in the same school building until the end of the
school year and for one additional year if that year constitutes the childs terminal year in such
building.
The Superintendent of Schools shall develop procedures necessary to expedite the homeless
child's access to the designated school. Such procedures shall include:
1. Admission: Upon designation, the district shall immediately admit the homeless child to
school, even if the child is unable to produce records normally required for enrollment, such
as previous academic records, medical records, proof of residency or other documentation
and even if there is a dispute with the childs parents regarding school selection or
enrollment. Homeless children will have the same opportunity as other children to enroll in
and succeed in the districts schools. They will not be placed in separate schools or programs
based on their status as homeless.
2. Transportation: The district shall provide transportation for homeless students currently
residing within the district as required by applicable law.
3. School Records: For homeless students attending school out of the district, the district
shall, within five days of receipt of a request for records, forward a complete copy of the
homeless child's records including proof of age, academic records, evaluation, immunization
records and guardianship paper, if applicable.

5151
The Superintendent shall also designate a liaison for homeless children and ensure that this person
is aware of his or her responsibilities under the law. The liaisons responsibilities shall include, but
not be limited to, ensuring that:
1.
2.
3.
4.
5.

parents or guardians of homeless children are informed of the educational and related
opportunities available to their children and are provided with meaningful opportunities to
participate in the education of their children;
parents and guardians and unaccompanied youth are fully informed of all transportation
services available to them, and are assisted in accessing them;
enrollment disputes involving homeless children are promptly mediated and resolved;
school personnel in coordination with shelters and social service agencies and other
appropriate entities identify homeless children, including homeless preschoolers;
homeless children receive educational services, including Head Start and preschool
services to which they are eligible, as well as referrals to health care and other
appropriate services;

In accordance with Commissioners regulations, the district shall collect and transmit to the
Commissioner information necessary to assess the educational needs of homeless children within
the State.
Ref:

42 USC 11431, et seq.


School Enrollment Guidelines on the McKinney-Vento Act, 67 Fed. Reg. 10,697-10,701
(March 8, 2002)
Education Law 207; 305; 3202; 3205; 3209
Executive Law 532-b; 532-e
Social Services Law 17; 62; 397
8 NYCRR 100.2; 175.6

Adoption date: February 8, 2010

5151-R
HOMELESS CHILDREN REGULATION
Each school in the district shall maintain forms provided by the Commissioner of Education for
designating a homeless childs district of attendance. These forms must be provided to any
homeless child or parent or guardian who seeks to enroll a child in school. The districts liaison for
homeless students shall assist the homeless child and/or parent or guardian in understanding their
rights under the law and provide them with information regarding the educational and related
opportunities available to them.
School placement decisions for homeless children will be based on the best interest of the child.
Unless doing so is contrary to the wishes of the childs parent or guardian, to the extent possible, a
homeless child will continue to attend the school of origin (the school the child attended when he or
she became homeless).
If the district wishes to send a homeless child to a school other than the school or origin or a school
requested by the parent or guardian, the Superintendent or designee shall provide the parent or
guardian with a written explanation of its decision, together with a statement regarding the right to
appeal the placement process. The Superintendent or designee shall refer any such dispute to the
districts liaison for the homeless for resolution. The homeless child must be enrolled in the school
sought by the parent or guardian pending resolution of the dispute.
Admission Procedures
Upon designation, the Superintendent of Schools or designee shall immediately:
1.
2.
3.
4.

review the designation form to ensure that it is complete;


admit the homeless child even if the child or his/her parent or guardian is unable to
produce records normally required for enrollment if there is an unresolved dispute
regarding school selection or enrollment;
where applicable, make a written request to the school district where a copy of the
childs records are located for a copy of the homeless childs school records
notify the liaison for homeless children of the childs admission. The liaison shall:

The Superintendent or designee shall forward a copy of the designation form to the Commissioner
of Education and the school district of origin where applicable.

5151-R
Transportation
Unless the homeless child is entitled to transportation provided by the Department of Social
Services or Office of Children and Family Services, the district shall provide transportation services
to the child in accordance with applicable law. A designated school district that must provide
transportation to a homeless child may not provide transportation in excess of 50 miles one way,
unless the Commissioner of Education determines that it is in the best interest of the child.
Dispute Resolution Process
The district establishes the following procedures for the prompt resolution of disputes regarding
school selection or enrollment of a homeless child or youth:
1. Provide a written explanation, including a statement regarding the right to appeal to the
homeless childs or youths parent or guardian, if the school district declines to either enroll
and/or transport such child or youth to the school or origin or a school requested by the
parent or guardian.
2. Delay for 30 days the implementation of a final determination to decline either to enroll in
and/or transport the homeless child or youth or unaccompanied youth to the school of origin
or a school requested by the parent or guardian of a homeless youth or unaccompanied
youth commences an appeal to the Commissioner with a stay application within 30 days of
such final determination.
Adoption date: February 8, 2010

5152
STUDENTS
NON-RESIDENT STUDENTS
NON-RESIDENT TUITION STUDENTS
The purpose of this policy is to define a non-resident student and set forth the terms, conditions, and
criteria under which such non-resident students will be enrolled or continued in enrollment in our
School District or in a School District designated by the Board of Education to receive our students
in grades 7 - 12.
1. Resident Students
Resident Students are those students whose parents and legal guardians maintain their permanent
residence within the boundaries of the School District from September 15th to May 15th during the
school year.
2. Non-resident Students
Those students whose parents or legal guardians (hereinafter referred to as a family) maintain their
permanent residence outside the boundaries of the School District or emancipated students who
are not bona fide permanent residents of the School District are considered non-resident students.
3. Future Residents
The children of families, who have signed a contract to buy, build, or lease a residence in the
Remsenburg-Speonk School District may be enrolled as students during the semester in which they
expect to become residents so long as they take up residence within 90 days of the beginning of the
semester (fall or spring). During the time the student is attending school within the District but his
family has not become a resident, tuition will be collected on a monthly basis up front and placed in
an escrow account held by the District. If the aforementioned family establishes residence within the
90 day period, the collected monies for tuition shall be refunded to the resident. However, if
residency has not been established upon the expiration of the 90 day period, the tuition shall be
deemed due and owing and the funds representing same being held in escrow shall be transferred
to the main account of the District and the children of the non-resident family shall be requested to
withdraw from school unless sufficient justification is presented to the School Board by the
non-resident family as to their failure to set up residency within the 90 day period. The issue of the
viability of the justification shall be left solely to the discretion of the School Board. Tuition fees will
be established annually and in accordance with the law. No transportation costs will be incurred by
the School District for any student residing outside the district.

5152
4. Former Residents
Regularly enrolled children of families who voluntarily move out of the School District may complete
the school year as tuition students. However, students may attend tuition free if they can
demonstrate that the removal of the parents or legal guardians residency in the School District was
caused by an emergency, destruction of the home by fire or an act of God, and that such re-location
is temporary (not more than 6 months). Upon the expiration of the 6 month period, tuition will
be charged if residency has not been reestablished. Tuition fees will be established annually in
accordance with the law. No transportation costs will be incurred by the School District for any
student residing outside the district.
5. Exchange Students
Non-resident students include foreign exchange students who are placed in the
Remsenburg-Speonk Union Free School District. These students are considered nonresident
students and in the event that these students desire to attend either the Remsenburg-Speonk
Elementary School or a designated receiving 7 - 12 district, they are responsible for paying the
tuition charge, if any, to the Remsenburg-Speonk Union Free School District on or before August
1st, of the year they elect to enroll in the respective school. After August 1st, payment must be made
in advance to the Remsenburg-Speonk Union Free School District for the remaining portion of the
tuition for the school year.
6. Non-Resident Tuition Students
Other than as provided above, non-resident students may be accepted on a tuition-paying basis
only upon the following terms and conditions:
a. the Board of Education must initially pass a formal resolution to accept nonresident
students on a tuition-paying basis at the Remsenburg-Speonk Union Free School
District. This resolution must be adopted by the Board on or before March 1st for
enrollment in September of the year in which the tuition-paying non-resident students
shall be accepted. The resolution is effective only for the school year that is
designated in said resolution.
b. tuition-paying non-resident students will only be considered for those classes that
have fewer than fifteen (15) students.
c. the fees for the tuition for these non-resident students shall be determined by the
Board of Education within thirty (30) days after public budget approval each year. Said
fee shall be set pursuant to the provisions of the New York State Education Law
Sections 2045 and 3202 and the Commissioners Regulations 8 NYCRR S174.
d. all non-resident students, who meet the above terms and conditions, must apply for a
position in the School District as a tuition-paying student, if available, on or before

5152
June 1, of the year in which he or she seeks to enroll in the School District.
Applications received after that date shall not be considered.
e. no transportation costs shall be incurred by the School District for any student residing
outside the district.
Adopted: October 4, 1973
Amended: February 14, 1977
Amended: March 13, 1981
Amended: January 9, 1995
Amended: August 18, 1997
Amended: December 14, 1998
Amended: May 10, 2005

5152-R
ADMISSION OF NON-RESIDENT STUDENTS REGULATION
Student Addresses: Verification and Investigation
1. The address of the parents must be the address of residence for each student. If a student
claims residence with a person other than his/her parent(s), evidence of legal guardianship
must be presented.
2. Should a students address change at any time during his/her enrollment, residency must be
confirmed by an acceptable document, e.g., a lease, a utility bill, a voter registration card.
3. If a students address is not the address of his/her parent(s) or legal guardian(s), the district,
based on a thorough investigation, will make a determination regarding a students
enrollment in the Westhampton Beach Schools.
4. If the evidence indicates that a students address has been purposefully changed in order for
him/her to attend a school in a district other than the one he/she is legally entitled to attend,
he/she shall be immediately transferred to the appropriate district.
5. Student admission shall not be delayed pending verification of the address. A verification
and/or investigation shall take place after student admission has been effected.
Adopted: September 11, 2006

5161
TRUANCY AND TARDINESS
Chronic tardiness and truancy are disruptive to both teachers and fellow students and therefore will
not be tolerated. The Board of Education believes it is important to ensure students are attending
class, as well as arriving to class on time, since these are essential aspects of ensuring an orderly
and conducive environment for learning.
Tardiness, whether the fault of the child or the parent, cannot be excused, except for the reasons
cited in Policy 5160. A note explaining the cause of lateness is required. Since excessive tardiness
and absences are not conducive to good work habits or learning, parents should make every effort
to have their children in school every day and on time.
Appropriate disciplinary action will be taken by the Building Principal for acts of truancy.
Adopted: September 11, 2006

5162
STUDENT EARLY DISMISSAL PRECAUTIONS
No student may be released from school to anyone other than the parent, guardian or child
protective services personnel and law enforcement officers pursuant to law, unless the individuals
name seeking release of the student appears on a list provided by the parent or guardian.
Parents are urged to make appointments with physicians, dentists, special tutors, etc., after school
hours. If a request is necessary, parents should make note of the date, time and reason for the
release. The district will request a written release from the parent/guardian.
A student may be released to either parent unless the district has been supplied with a certified copy
of a court order or divorce decree to the contrary.
The Superintendent of Schools shall develop procedures to enable parents and guardians to amend
the list of persons authorized to obtain the release of their children.
Ref: Education Law 3210(1)(c)
Adopted: September 11, 2006

5162-R
STUDENT EARLY DISMISSAL PRECAUTIONS REGULATION
The Superintendent of Schools or his/her designee shall maintain a list of individuals who are
authorized to obtain the release of students in attendance at the school. No student may be
released to the custody of any individual not the parent or guardian of the student, unless the
individuals name appears upon 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 childs enrollment. The signature of the parent or guardian
must be on or attached to such list.
A parent or guardian may amend a list submitted pursuant to this regulation at any time, in writing.
Certified copies of any court orders or divorce decrees provided by the custodial parent, which
restrict a parents ability to seek the release of their child, shall be maintained by the Superintendent.
If any individual seeks the release from school of a student he or she must report to the school office
and present identification deemed satisfactory by the Superintendent or his/her designee, who must
check the authorized list and relevant court orders or divorce decrees before a student may be
released. Particular caution should be exercised when the person seeking the release of a child
exhibits to the school official an out-of-state custody order.
Early excuses for emergency reasons should be requested in writing by a parent/guardian. Medical
releases are handled through the Nurses Office. All other reasons for release must go through the
Main Office, and students must be picked up in the Main Office. The person seeking the release
must sign the register in the office.
In the event of an emergency, the Superintendent and his or her designee may release a student to
some individual not appearing on the approved list only if the parent or guardian has been contacted
by the school district and has approved the release and the Superintendent and his or her designee
determines that an emergency exists.
Adopted: September 11, 2006

5163
RELEASED TIME FOR RELIGIOUS INSTRUCTION
A student will be released for religious instruction for a maximum of one hour each week upon the
presentation to his/her Building Principal of a parental request in writing.
Ref:

8 NYCRR 109.2
Zorach v. Clauson, 343 U.S. 306 (1952)

Adopted: September 11, 2006

5191
STUDENTS WITH HIV-RELATED ILLNESS
The Board of Education recognizes the public concern over the health issues surrounding Acquired
Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus Infection (HIV). The
Board also recognizes, based upon the current state of medical knowledge, that the virus
associated with AIDS is not easily transmitted and there is no evidence that AIDS or the HIV virus
can be transmitted by casual social contact in the open school setting.
The Board acknowledges the rights of those students diagnosed as having AIDS or HIV infection to
continue their education as well as the rights of all students in the school district to learn and
participate in school activities without being subjected to significant risks to their health. The Board
also takes notice that under current law and regulations the disclosure of confidential AIDS and/or
HIV-related information must be strictly limited.
Accordingly, it is the policy of the Board that no student shall be denied the opportunity to attend
school, continue his/her education or take part in school-related activities solely on the basis of
being diagnosed as having AIDS or HIV infection.
In accordance with current state law and regulations, it is also the policy of the Board to prevent any
student from being subjected to adverse or discriminatory treatment or stigma because he or she
has been diagnosed as having AIDS or being HIV-infected.
The Superintendent of Schools is hereby directed to develop administrative regulations in regard to
the education of students diagnosed as having AIDS or being HIV-infected.
The Superintendent also shall establish and implement, and all school personnel shall comply with,
guidelines and routine sanitary hygiene procedures for dealing with all spills of blood and other body
fluids in or on school premises and grounds. The Superintendent should consult public health
officials and/or the school physician, as appropriate, for the most current methods and information
pertaining to such procedures.
In addition, the Superintendent shall develop and immediately implement in-service education and
training for all school personnel concerning AIDS and HIV infection and the routine sanitary hygiene
procedures to be followed in the case of all spills of blood and other body fluids.
Ref:

Public Health Law, Article 27-F


Education Law 4401; 4401-a
8 NYCRR 200
10 NYCRR 63

Adopted: September 11, 2006

5191-R
STUDENTS WITH HIVRELATED ILLNESS REGULATION
Confidentiality
A.

Definitions

"HIVrelated illness" means any clinical illness that may result from or be associated with HIV
infection, including AIDS.
"Protected individual" shall mean a person who is the subject of an HIVrelated test or who has been
diagnosed as having HIVrelated illness.
"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.
II.

Confidentiality and Release of Information

School officials and employees shall keep HIVrelated information confidential, however obtained.
The information shall not be disclosed to any person, unless the protected individual (or a person
with capacity to consent) has completed and signed the Health Department Authorization for
Release form ("Authorization Form"), a court order granted under Public Health Law 2785 has
been issued, or the person to whom the information has been furnished is authorized to receive
such information under Public Health Law (PHL) 2782 without a release form. Persons authorized
to receive HIV information without a release include physicians providing care, agencies monitoring
such care, and insurance companies for payment purposes. Disclosure to school personnel staff
requires a release or court order.
If disclosure occurs pursuant to a signed release or order, the information shall only be released to
those listed on such form or order, for the time period specified and only for the purpose stated on
the form or order.
Such form shall be signed by the protected individual or when the protected individual lacks capacity
to consent, a person authorized pursuant by law to consent to health care for the individual.
Questions in regard to such capacity shall be referred to the school attorney.
III.

Testing

No HIVrelated testing of any student shall take place without first receiving the written informed
consent of the person to be tested on a form approved by the State Health Department. Such
consent shall only be given by an individual with capacity to consent as defined above.

5191-R
IV.

Penalties

Persons who disclose confidential HIV information to unauthorized parties or who fail to obtain
informed consent for the HIV test may be subject to a $5,000 penalty and a criminal misdemeanor
charge.
V.

Procedures
1. The procedure set forth here shall be followed in any instance where the school district
receives confidential HIVrelated information concerning a student from the student and/or
person in parental relation to the student without benefit of an Authorization Form or court
order.
a. The Superintendent of Schools or building administrator to whom the information has
been given shall request a meeting with the person in parental relation and/or the
student for the purpose of discussing the student's condition, concerns and, should
the situation arise, educational alternatives. Such alternatives may include home
bound instruction during periods of shortterm illness as well as provision of
educationally related support services. At this point, school or public health personnel
may be consulted provided that the appropriate Authorization Form is obtained. The
person in parental relation and/or the student should be apprised of this and asked to
sign such release form for personnel whose consultation is needed for delivery of
appropriate educational services.
b. If a school officer or employee who has not been made privy to confidential
HIVrelated information pursuant to an Authorization Form or court order reasonably
believes that a student may present a clear and imminent danger to an individual
whose life or health may unknowingly beat significant risk as a result of contact with
the person, he/she should express these concerns to the Superintendent who may
attempt to obtain an Authorization Form from the individual or someone else with the
capacity to consent. Should this request be refused, the Superintendent may
recommend to the school Board that the district seek an order for disclosure of
confidential HIVrelated information, pursuant to Public Health Law 2785.
2. The procedures set forth here shall be followed in any instance where the school district
receives confidential HIVrelated information concerning a student through the Authorization
Form or through a court order.
a. The Superintendent, or building administrator to whom the HIVrelated information
has been released, may request a meeting with the parent, or person in parental
relationship, and the student for the purpose of discussing educational alternatives.
Such alternatives may include home bound instruction during periods of shortterm
illness as well as provision of educationally related support services. The

5191-R
Superintendent or building administrator may enlist the expertise of the child's
physician, or any school or public health personnel, provided that the appropriate
release forms have been obtained. If a parent concurs in writing to the provision of
educational alternatives, no referral to the Committee on Special Education (CSE) will
be made.
b. (1) If a school officer or employee who has not been made privy to confidential
HIVrelated information pursuant to an Authorization Form or court order reasonably
believes that a student may present a clear and imminent danger to an individual
whose life or health may unknowingly be at significant risk as a result of contact with
the person, he/she should express these concerns to the Superintendent of Schools.
If the Superintendent has been given authority, through the authorization form, to
inform such person(s) who may be at significant risk, he/she should proceed to do so.
If the Superintendent does not have this authority, he/she should attempt to obtain an
Authorization Form from the individual or someone else with the capacity to consent.
Should this request be refused, the Superintendent may recommend to the school
Board that the district seek an order for disclosure of confidential HIVrelated
information, pursuant to Public Health Law 2785. (2)If a professional staff member of
a school district who has been made privy to confidential HIVrelated information
pursuant to an Authorization Form or court order reasonably believes that a student
may present a clear and imminent danger to an individual whose life or health may
unknowingly beat significant risk as a result of contact with the person, he/she should
make a referral of the student to the CSE, if appropriate. Staff member are also
expected to encourage students to seek advice from their physician and AIDS
counseling centers and to behave responsibly by contacting those persons with whom
they have engaged in behavior of significant risk.
3. If a professional staff member of a school district suspects that a student may have a
disability, whether or not the staff member has been made privy to confidential HIVrelated
information, the staff member shall refer such student in writing to the CSE, or to the building
administrator of the school which the student attends, in accordance with Part 200.4 of the
Commissioner's Regulations.
4. If a student has been referred to the CSE and the CSE reasonably believes either (a) that the
student may present a clear and imminent danger to an individual whose life or health may
unknowingly beat significant risk as a result of contact with the student, or (b) that the student
has or is suspected of having a disability and that the condition may be due, in whole or in
part, to HIVrelated illness, the CSE shall inform the Superintendent, who shall attempt to
obtain an Authorization Form from the student or someone else with the capacity to consent.
Should this request be refused, the Superintendent may recommend to the school Board that
the district seek an order for disclosure of confidential HIVrelated information, pursuant to
Public Health Law 2785. When seeking the confidential information through either said
Form or court order, the Superintendent shall attempt to have the person or court agree to

5191-R
disclose such information to the CSE, and may attempt to have the person or court agree to
disclose such information to the classroom teacher(s) and any other personnel the
Superintendent and the school attorney believe are appropriate.
5. If no such consent or court order is obtained, the district shall take no further action in this
matter and shall instruct the appropriate officers or employees not to disclose information in
regard to the case.
6. If confidential HIVrelated information is obtained, it shall be disclosed only to those
individuals listed on the form or pursuant to the court order and only for the purposes
specified, for the specified time period.
7. At such time as the CSE receives confidential HIVrelated information, it shall, on a
casebycase basis, review all of the medical information pertinent to the individual situation
and make a determination as to whether the current mode of instruction and classroom
setting for the student meets his or her current and on going needs or if it is appropriate. In
making its determination, the CSE shall consider the following factors: (1)the physical
condition of the student and any behavior which might increase the risk of transmission of the
virus; and (2)the expected type of interaction with others in the school setting. The CSE may
also consult with appropriate public health officials pursuant to article 27F of the Public
Health Law.
In all other respects, the CSE shall carry out its responsibilities and make recommendations
based upon a written evaluation setting forth the reasons for the recommendations, to the
student, parent or guardian of the student and Board of Education as it would with any other
student who has or is suspected of having a disability.
Because of the provisions in article 27F of the Public Health Law permitting physicians to
disclose confidential HIVrelated information under certain circumstances, the school
physician will be required to attend all meetings of the CSE in regard to students suspected
or diagnosed as having HIVrelated illness. The CSE shall also have the authority to invite
the appropriate professionals familiar with HIVrelated illness to any meeting concerning the
educational program for any such student, providing however, that such professional is
named on a completed and signed Authorization Form or a court order granted under Public
Health Law 2785.
8. If the student had previously been evaluated and been recommended for placement by the
CSE, and thereafter the student is deemed dangerous to himself or others, a shortterm
suspension (of five days or less) may be imposed, or other protective procedures maybe
invoked. However, where parents choose to exercise their due process rights under the
appeal procedures set forth in state and federal law, a student must remain in the current
placement until appeal procedures are completed, or parental consent or court order for
alternative placement is obtained. If the student had not been evaluated and recommended
for placement by the CSE, section 6 (above) shall apply.

5191-R
9. Pursuant to Public Health Law article 27F, a physician may, upon the consent of a parent or
guardian, disclose confidential HIVrelated information to a state, county or local health
officer for the purpose of reviewing the medical history of a child to determine the fitness of
the child to attend school.
Additional Matters
In the event of the presence of any contagious or communicable disease (such as chicken pox,
measles, etc) in the school population, which may constitute a risk to an infected individual, the
Superintendent or school nurse, with authorization to obtain the confidential HIV-related information
may inform the student, the students parents or legal guardian about such risk. Any temporary
decision or recommendation in such circumstances should be made by the individuals personal
physician and the students parents, in consultation with the Superintendent, school physician and
nurse.
Adopted: September 11, 2006

5191-E
STUDENTS WITH HIVRELATED ILLNESS EXHIBIT
The University of the State of New York
Education Department

Authorization for Release of Confidential


HIV* Related Information to the
Superintendent of Schools and the
Board of Education

Approved by:
New York State Department of Health
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 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 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.
SUPERINTENDENT'S NAME
STREET

CITY

STATE

ZIP CODE

NAME
*Human Immunodeficiency Virus that causes AIDS
STREET

CITY

STATE

ZIP CODE

NAME
STREET
NAME
STREET CITY STATE
STREET
NAME

CITY

STATE ZIP CODE

CITY

ZIP CODE
STATE ZIP CODE

*Human Immunodeficiency Virus that causes AIDS


NAME
STREET CITY STATE
STREET
CITY

STATE ZIP CODE

STREET

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

ZIP CODE

NAME
STREET
NAME
STREET

NAME
STREET

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

CITY

STATE ZIP CODE

NAME
STREET
NAME
STREET
NAME
STREET
NAME
STREET

NAME
STREET
NAME
STREET
NAME
STREET
NAME
STREET
NAME
STREET

5191-E
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 _____________________

Adopted: September 11, 2006

5251
STUDENT FUND-RAISING ACTIVITIES
Fund-raising projects in which students canvass the public, off school grounds, in connection with
school events and school-related fund-raising activities, will be kept to an absolute minimum.
Fund-raising for non-school purposes will not be permitted on school grounds.
No direct solicitation of students is permitted during school hours (including lunch hours).
Secondary school students may solicit funds for school-sponsored clubs and organizations that are
raising funds for curriculum-related purposes or to support the activities of the club or organization in
school buildings. All fund-raising activities must be voluntary and in accord with the Rules of the
Regents and the State Education Departments Guidelines Relating to Solicitation of Charitable
Donations from School Children. Students may solicit funds for charitable activities and
organizations which are school-sponsored, non-profitable and non-political with the prior approval
of the Superintendent of Schools.
All moneys collected must be accounted for in strict accordance with established procedures.
Ref:

Education Law 207


Rules of the Board of Regents 19.6
Guidelines Relating to Solicitation of Charitable Donations from School Children,
State Education Department, January, 1994

Adopted: September 11, 2006

5300
CODE OF CONDUCT
The Board of Education's goal is to provide an environment in which a student's rights and freedoms
are respected. The Board therefore assures district students that they shall have all the rights
afforded them by federal and state constitutions, statutes and regulations. The Board also
recognizes all federal, state and local laws in connection with these rights, and reminds students
that certain responsibilities accompany these rights.
It shall be the right of each district student:
1. To have a safe, healthy, orderly and courteous school environment;
2. To take part in all district activities on an equal basis regardless of race, sex, religion, national
origin, or disability;
3. To attend school and participate in school programs unless suspended from instruction and
participation for legally sufficient cause as determined in accordance with due process of law;
4. To experience the freedoms of expression, publication, dissent, petition, assembly and
privacy;
5. To have school rules and conditions available for review and, whenever necessary,
explanation by school personnel;
6. To be suspended from instruction only after his/her rights pursuant to Education Law 3214
have been observed; and
7. In all disciplinary matters, to have the opportunity to present his/her version of the facts and
circumstances leading to imposition of disciplinary sanctions to the professional staff
member imposing such sanction.
8. Not to submit to a survey, analysis, or evaluation that reveals information concerning:
a. political affiliations;
b. mental and psychological problems potentially embarrassing to the student or his/her
family;
c. sex behavior and attitudes;
d. illegal, antisocial, selfincrimination and demeaning behavior;
e. critical appraisals of other individuals with whom respondents have close family
relationships;
f. legally recognized privileged and comparable relationships, such as those of lawyers,
physicians, and ministers; or
g. income (other than that required by law to determine eligibility for participation in a
program or for receiving financial assistance under such program); without the prior
written consent of the student, if over 18 years of age, or without the prior written
consent of the parent/guardian for those students under 18 years of age. However,
such survey, analysis or evaluation may be conducted on a wholly voluntary basis,
provided that the student and his/her parent/guardian have been notified of their rights
and of their right to inspect all materials related to the above. All instructional material,
including teachers manual, films, tapes, or other supplementary instructional material
to be used shall be available for inspection by the parents or guardians of the children.

5300
It shall be the responsibility of each district student:
1. To be familiar with and abide by all district policies, rules and regulations pertaining to student
conduct;
2. To work to the best of his/her ability in all academic and extra curricular pursuits and strive
toward the highest level of achievement possible;
3. To conduct himself/herself, when participating in or attending schoolsponsored extra curricular
events, as a representative of the district and as such hold himself/herself to the highest
standards of conduct, demeanor, and sportsmanship, and accept responsibility for his/her
actions;
4. To respect the knowledge and authority of school personnel by following directions, using
acceptable and courteous language, avoiding actions that demonstrate contempt, and
appealing decisions through appropriate channels;
5. To seek help in solving problems that might lead to discipline procedures;
6. To report to school and to all scheduled classes regularly and on time, bring necessary school
materials, remain in classes until excused, pay attention to instruction, complete assignments to
the best of his/her ability, and request help when needed;
7. To show due respect to other persons and to property by avoiding any behavior detrimental to
the achievement of educational goals (i.e.,namecalling, fighting, deliberate attempts to
embarrass, intimidate or harm);
8. To cooperate in maintaining order on and taking care of school property to encourage a climate
of learning;
9. To dress in accordance with standards promulgated by the Board and the Superintendent; and
10. To make constructive contributions to the school, and to report fairly the circumstances of
schoolrelated issues.
Ref:

Goals 2000: Educate America Act, P.L. 103-227, 1017 (Pupil Privacy Protection Act)
8 NYCRR 100.2(I)(1)(i)
Education Law 3214

Adopted: September 11, 2006

5300.20
STUDENT DRESS CODE
The responsibility to come to school dressed appropriately for district students rests with
each student, his/her parents, the building administration, faculty and staff. Students and
parents have the right to determine school dress providing the attire complies with
requirements for health and safety, and does not interfere with the educational process.
Furthermore, it is expected that dress reflect current community standards and deportment.
Head coverings, with the exception of head coverings for religious and/or medical purposes, are
forbidden in the classroom. Head coverings may be worn in school hallways. Clothing and attire,
which bear an expression or insignia which can be interpreted as obscene or libelous, which
advocates racial or religious prejudice, or is disruptive, are forbidden. Examples of unacceptable
school attire, although not limited to the following, include:
1. Clothing or jewelry with markings of tobacco, alcohol or drugs.
2. Clothing or jewelry that conveys messages of nudity, lewdness, profanity, bias, violence
and/or poses a physical danger.
3. Short-shorts/short skirts and/or clothing that expose bare midriffs.
4. Torn, transparent (see through), and fishnet clothing that inappropriately exposes
undergarments or skin in a sexually suggestive manner.
5. Pants that are worn beneath the waist or which expose undergarments.
6. Gang related clothing or paraphernalia.
The Board requires students to wear appropriate protective gear in certain classes
(e.g. family & consumer science, technology, physical education).
In addition to the above guidelines, the school administration reserves the right to make
determinations regarding appropriateness of attire on an individual basis.
The Board authorizes the administration to take action in instances where individual dress does not
meet the stated requirements.

Adopted: September 11, 2006

5300.25
CARE OF SCHOOL PROPERTY BY STUDENTS
The Board of Education requires that all students respect and care for school property. Any damage
to property should be reported to the main office or the appropriate teacher.
The Board recognizes that acts of vandalism are crimes against the school district and the
community which supports the schools. Students who willfully destroy, damage, or deface school
property shall be subject to disciplinary action, as well as prosecution to the fullest extent possible
under the law. Students who damage school property, and/or their parents or guardian, shall
reimburse the district for the value of the damaged property up to the limit of the law.*
It shall be the responsibility of the Superintendent of Schools to establish and carry out written
regulations addressed to acts of vandalism.
Ref:

Education Law 1604(35); 1709(36)


*State law now permits parental liability for up to two thousand five hundred dollars ($2500)

Adopted: September 11, 2006

5300.35
STUDENT DISCIPLINE
The Board of Education believes that each student can reasonably be expected to be responsible
for his/her own behavior. The school administration shall develop and disseminate rules of conduct,
focusing on personal safety and respect for the rights and property of others to be consistently
applied in the classrooms and throughout the schools. Students who fail to meet this expected
degree of responsibility and violate school rules may be subject to appropriate disciplinary action
and more regulated supervision.
Discipline procedures shall be developed by the Building Principals under the supervision of the
Superintendent of Schools. Completed procedures shall be distributed to all students, staff, and
parents.
The administration may conduct an investigation into reports of misconduct which may include
conferences with the complainant, student, parents, teachers, other student service personnel, or
others as is deemed appropriate for the early identification and resolution of suspected discipline
problems.
Discipline is most effective when it deals directly with the problem at the time and place it occurs,
and in a way that is viewed as fair and impartial by the student. Therefore, before seeking outside
assistance, teachers will first use all their resources to create a change of behavior in the classroom.
When the teacher has made every effort to bring about positive behavioral change, and has been
unsuccessful, the teacher will bring the matter to the attention of the administration. Once done, the
teacher and Principal will develop a strategy for dealing with the problem.
Disciplinary action, when necessary, will be firm, fair, and consistent in order to be most effective in
changing behavior. Good discipline is usually positive rather than negative in nature.
Pursuant to section 100.2 of the Commissioners regulations, such action will be appropriate to the
seriousness of the offense. Extreme penalties (e.g., a oneyear suspension) will not be assigned
without first reviewing the students disciplinary records and considering the circumstances which
led to the improper behavior.
A student identified as having a disability shall not be disciplined for behavior related to his/her
disability. Any question relating to the discipline of such student will be referred to the Committee on
Special Education.
The Superintendent shall solicit the recommendations of the teaching staff and administrators
regarding inservice programs pertaining to the management and discipline of students. The Board
shall sponsor such programs annually.

5300.35
Ref:

Education Law 2801; 3214


8NYCRR100.2(l) 1 and 2
Easterbrook, Substance & Due Process, 1982 Supreme Court Review
Chapman v. Thomas, 105S.Ct.1866 (1985)
Tinker v. Des Moines Independent Community School Dist., 393 U.S.503 (1969)
Matter of Troy R., 29 EDR424 (1990)
Matter of Pellegrino, 22 EDR 462 (1983)
Matter of MacWhinnie, 20 EDR 145 (1980)
Matter of Port, 9 EDR 108 (1969)
State Education Department, Guidelines for Students Rights and Responsibilities (1979)

Adopted: September 11, 2006

5300.36
SUSPENSION OF PUPILS
Preface Suspension is a last resort. In most cases, it should follow counseling, parental
conferences and less stringent disciplinary action.
Short-term Out of School Suspension (5 school days or less)
1. The Superintendent may temporarily suspend students from attendance at school if:
A. They are insubordinate or disorderly; or
B. Their physical or mental condition endangers the health or safety of any student.
2. The length of temporary suspension may not exceed five school days.
3. The students are entitled to due process; that is, they shall receive oral, followed by written
notice of the charges against them, and if requested by them, any explanation of the
evidence school officials have and an opportunity to present their sides of the story.
4. The Superintendent shall contact the families immediately; confirm such suspensions and
the reasons therefore, as well as the desirability of a conference.
Long-term Out of School Suspension (more than 5 school days)
1. The Superintendent may suspend students for a period in excess of five (5) school days.
Parents will be contacted immediately. A written notice of the suspension from school will be
mailed to the parents with a copy of the statement of charges.
2. In the event that the parent and/or student wish to request a Superintendents hearing, they
must contact the Superintendent and arrange for the hearing.
3. Hearings pertaining to matters of a disciplinary nature shall comply with provisions of the
New York State Education Law. The students and the persons in parental relationship shall
have the right to be represented by counsel, the right to present witnesses and other
evidence on their behalf, and the right to question witnesses against them.
4. Decisions will be made based upon the needs of the student, the necessity for maintenance
of order, and the preponderance of evidence presented during the course of the hearing.
Adopted: May 14, 1996

5300.6
VISITORS TO THE SCHOOLS
To promote effective communication between the citizens of the community and the school system,
the Board of Education encourages parents and other citizens to visit their schools periodically
during the course of the school year.
The Board recognizes that many visits that occur are regularly scheduled events, e.g.,
parent-teacher organization meetings, public gatherings, registering of students, etc. There are also
occasions when parents or guardians desire to meet with their childs teacher. When such
visitations occur, they shall be made on the basis of a defined need and shall be made only with the
approval of the Superintendent. The Board views these visits as constructive; however, no such visit
shall be permitted to interfere with the educational process.
Many visitors may normally be expected on the campus of a public school during the school day.
Since the Superintendent is responsible for all persons on the campus, visitors shall be required to
proceed first to the school office for permission. These visitors may include parents of students,
interested citizens, invited speakers, central staff personnel, maintenance and repair people,
salespeople, representatives of the news media, students not now enrolled in school, and others.
The Superintendent of Schools is authorized to approve or deny the right of professional educators
to visit or observe in the district. Student visitors from other schools, unless they have a specific
reason and prior approval of the Superintendent, shall not be given permission to enter school
buildings. New students accompanied by their parents are always welcome.
Visits to school buildings are to be in accordance with the Board regulations posted in conspicuous
places. A violation of the visitation policy shall be prosecuted pursuant to New York State law.
Ref: Education Law 1708; 2801
Adopted: September 11, 2006

5300.65
PUBLIC CONDUCT ON SCHOOL PROPERTY
The Board of Education recognizes that the primary purpose of the district is to provide a superior
atmosphere for learning and education. Any action by an individual or group aimed at disrupting,
interfering or delaying the education process or having such effect, is hereby declared to be in
violation of Board policy. The Board shall approve rules and regulations to affect this policy as
required by Education Law 2801.
The Board also recognizes its responsibility to protect school property and declares its intent to take
any and all legal action to prevent its damage or destruction. The Board will also seek restitution
from, and prosecution of, any person or persons who willfully damage school property.
It is not the intent of this policy to limit freedom of speech or peaceful assembly. The Board
recognizes that free inquiry and free expression are indispensable to the objectives of a school
district. The purpose of the rules and regulations is to prevent abuse of the rights of others and to
maintain public order, not to prevent or restrain controversy or dissent.
Ref: Education Law 2801
Adopted: September 11, 2006

5300.65R
PUBLIC CONDUCT ON SCHOOL PROPERTY REGULATION
These rules govern the conduct of students, faculty and other staff, licensees, invitees, and all other
persons, whether or not their presence is authorized, upon district property, and also upon or with
respect to any other premises or property under the control of the district and used in its teaching
programs and activities, and in its administrative, cultural, recreational, athletic, and other programs
and activities.
Prohibited Conduct
No person, either singly or in concert with others, shall:
1. Obstruct or disrupt the teaching, research, administration, disciplinary procedures or other
school district activities;
2. 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;
3. Physically restrain or detain any other person, nor remove such person from any place where
he/she is authorized to remain, except that students may be restrained as permitted under
Policy 5314, Corporal Punishment Complaints, or when the person is acting in lawful defense
of him/herself or another person;
4. Harass or coerce any person;
5. Willfully damage or destroy property of the district or property under its jurisdiction, nor
remove or use such property without authorization;
6. Without permission, expressed or implied, enter into any private office of an administrative
officer, member of the faculty or staff member;
7. Enter upon and remain in any building or facility for any purpose other than its authorized
uses or in such manner as to obstruct its authorized use by others;
8. Without authorization, remain in any building or facility after it is normally closed;
9. Refuse to leave any building or facility after being directed to do so by an authorized
administrative officer, member of the faculty or staff member;
10. Obstruct the free movement of persons and vehicles in any place to which these rules apply;
11. Disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or
interfere with the freedom of any person to express his/her views, including invited speakers;
12. Have in his/her possession or use upon any premises to which these rules apply, any rifle,
shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the
Superintendent of Schools or his/her designee, whether or not a license to possess the same
has been issued to such person (peace officers are excluded from this prohibition);
13. Have in his/her possession or use upon any premises to which these rules apply, any razor,
ice pick, explosives, loaded cane, sword cane, machete, or any other object that reasonably
can be considered a weapon;
14. Use, possess, sell or distribute alcohol or controlled substances as defined in Board of
Education policy 5312.1, Drug and Alcohol Abuse;

5300.65R
15. Willfully incite others to commit any of the acts herein prohibited with specific intent to procure
them to do so; and/or
16. Violate any federal or state statute, local ordinance, or Board policy.
Penalties and Procedures
A person who violates any of the provisions of these rules shall be subject to the following penalties
and procedures:
1. If a licensee or invitee, his/her authorization to remain upon the grounds or other property
shall be withdrawn and he/she shall be directed to leave the premises. In the event of failure
to do so, he/she shall be subject to ejection.
2. If a trespasser or visitor without specific license or invitation, he/she shall be subject to
ejection.
3. If he/she is a student, he/she shall be subject to immediate ejection and to disciplinary action
as the facts of the case may warrant, including suspension, probation, loss of privileges,
reprimand or warning as prescribed by section 3214 of the Education Law, so long as the
provisions pertaining to notice and hearing have been met.
4. If a tenured faculty member, he/she shall be subject to immediate ejection, and to warning,
reprimand, suspension and/or other disciplinary action as prescribed by and in accordance
with section 3020-a of the Education Law.
5. If a staff member in the classified service of the civil service, he/she shall be subject to
immediate ejection and to the penalties and procedures prescribed in section 75 of the Civil
Service Law.
6. If a staff member other than one described in subdivisions 4 and 5, he/she shall be subject to
immediate ejection and to dismissal, suspension without pay or censure.
Enforcement Program
1. The Superintendent shall be responsible for the enforcement of these rules, and he/she shall
designate the other personnel who are authorized to take action in accordance with such
rules when required or appropriate to carry them into effect.
2. In the case of any apparent violation of these rules by such persons, which, in the judgment
of the Superintendent or his/her designee, does not pose any immediate threat of injury to
person or property, such school official may make reasonable effort to learn the cause of the
conduct in question and to persuade those engaged therein to desist and to resort to
permissible methods for the resolution of any issues which may be presented. In doing so
such school official shall warn such persons of the consequences of persistence in the
prohibited conduct, including their ejection from any district properties where their continued
presence and conduct is in violation of these rules.
3. In any case where violation of these rules does not cease after such warning and in other
cases of willful violation of such rules, the Superintendent or his/her designee shall cause the
ejection of the violator from any premises which he/she occupies in such violation and/or, if

5300.65R
appropriate, make recourse to police authorities. The school official may also initiate
disciplinary action as hereinbefore provided.
4. The Superintendent or his/her designee may apply to the public authorities for any aid which
he/she deems necessary in causing the ejection of any violator of these rules and he/she
may request the Board's Counsel to apply to any court of appropriate jurisdiction for an
injunction to restrain the violation or threatened violation of such rules.
This regulation and the penalties contained herein 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 law, state
law, or local ordinance and the imposition of a fine or penalty provided for therein.
Amendment
These rules and regulations may be amended or modified by the Board. All future amendments
shall be filed with the Board of Regents and Commissioner of Education not later than ten days after
adoption.
Adopted: September 11, 2006

5312
PROHIBITED CONDUCT
The following discipline code applies to the behavior of all district students while attending school,
and/or on school grounds, in school buildings, and/or participating in schoolsponsored activities.
Serious or flagrant violations of the district's code of conduct can result in an immediate hearing with
the Superintendent of Schools or Board of Education. A student may be suspended from school or
be subjected to other forms of disciplinary action when such student:
1. Engages in conduct which is:
a. Disorderly, e.g.:
(1) Fighting or engaging in violent behavior,
(2) Threatening an other with bodily harm,
(3) Intimidating students or school personnel,
(4) Making unreasonable noise,
(5) Using abusive language or gestures, including racial or ethnic remarks which are
improper,
(6) Obstructing vehicular or pedestrian traffic, or
(7) Creating a hazardous or physically offensive condition by any act which serves no
legitimate purpose; or is
b. Insubordinate, e.g., failing to comply with the lawful directions of teachers, school
administrators or other school employees in charge of the student, or missing or leaving
school without permission; or
2. Engages in any form of academic misconduct, e.g.:
a. Plagiarism, and/or
b. Cheating; or
3. Engages in conduct that violates the Board's rules and regulations for the maintenance of
public order on school property, e.g.:
a. Vandalism or any destruction of real and/or personal property (including graffiti or arson),
b. Theft,
c. Tardiness,
d. Missing or leaving school without permission,
e. Truancy,
f. Possession/use/sale of drugs or alcohol,
g. Possession of weapons or fireworks,
h. Possession or use of tobacco or tobacco products,
i. Gambling, or
j. Hazing.
Chronic cases of truancy shall necessitate a Person in Need of Supervision (PINS) petition.

5312
Trespassing
A student is not permitted in any school building, other than the one that he/she regularly attends,
without permission from the administrator in charge of the building. Should a student be found in a
building without permission, the necessary authorities may be called and trespassing charges may
be lodged against the student.
Adopted: September 11, 2006

5405
Wellness Policy
The Remsenburg-Speonk School District is committed to providing a school environment that
promotes and protects childrens health, well-being, and ability to learn by supporting healthy eating
and physical activity. The link between nutrition, physical activity, and learning is well documented.
Healthy eating patterns and physical activities are essential for students to achieve their full
academic potential and to maintain a healthy weight, thereby reducing childhood obesity and the
risk of many chronic diseases. Wellness shall be an integral part of a healthy school environment.
Policy Goals
All students in the Remsenburg-Speonk School District shall be instructed in the information and
skills necessary to make nutritious food choices and enjoyable physical fitness choices for a lifetime.
Nutrition
The school district will engage students, parents, teachers, food service professionals, health
professionals, and other interested community members in developing, implementing,
monitoring, and reviewing nutrition and physical activity policies.
Qualified child nutrition professionals will provide students with access to a variety of
affordable, nutritious, and appealing foods that meet the students health and nutrition needs;
will accommodate the religious, ethnic, and cultural diversity of the student body in meal
planning; and will provide clean, safe, and pleasant settings.
The school district will make available general nutrition information and resources for parents
to assist them in selecting nutritious food to serve at home.
Physical Activity
The school district will provide opportunities for every student to develop the knowledge and
skills of specific physical activities to maintain physical fitness, to regularly participate in
fitness activity, and to understand the short-term and long-term benefits of a physically active
and healthy lifestyle.
All students in grades K-6 will have opportunities, support, and encouragement to be
physically active on a regular basis.
To Achieve These Policy Goals Commitment to Nutrition
The school district shall operate all Child Nutrition Programs with food service staff who are
properly qualified according to current professional standards.
Child Nutrition Programs shall be accessible to all children and shall comply with federal,
state, and local requirements.
Make the meals attractive and appealing to children;
Offer a variety of fruits and vegetables;
Offer low-fat and non-fat milk, and other nutritionally equivalent beverages as defined by the
USDA; and
Offer foods that are high in fiber, low in added fats, sugar and sodium; and

5405
Provide portion sizes consistent with USDA standards.
The students shall be provided with adequate time to eat and enjoy school meals
(20minutes).
The school district shall make every effort to eliminate any social stigma attached to, and
prevent the overt identification of students who are eligible for free and reduced priced school
meals.
The school district shall encourage parents to provide healthy meals and snacks for their
children through newsletter articles, take home materials, or other means.
Sharing of food and beverages between students will be discouraged due to concerns
regarding allergies and other restrictions on childrens diets.
Cafeteria monitors shall be trained to respond quickly and effectively to food related
emergencies in the cafeteria. Ex., choking, allergic reaction.
Commitment to Physical Activity
Physical Education classes shall be provided to all students consistent with New York State
Education Department.
A state-certified physical education teacher shall teach physical education classes.
Time allotted for physical activities shall be consistent with research, national, and state
standards.
A daily recess period shall be provided.
A recess before lunch shall be considered and implemented when possible as research
indicates that physical activity prior to lunch can increase the nutrient intake and reduce food
waste.
Physical activity shall be encouraged outside of physical education classes. For example, a
walking club during recess could be structured to meet personal fitness goals.
Students shall be provided with various opportunities for enjoyment, challenge,
self-expression, and social interaction that will lead to a physically active lifestyle.
Physical Education shall include instruction in individual activities as well as competitive and
noncompetitive team sports. To encourage life-long fitness.
Students shall be encouraged and assisted in setting personal goals.
Recess or intramurals before the school day begins shall be provided.
Students shall be made aware of community physical activity programs and community
resources that support extracurricular physical activity programs.
Commitment to Nutrition/Health Education
Nutrition education will be taught by a certified Health teacher to grades K-6.
Nutrition professionals will be adequately prepared and participate regularly in professional
development activities to effectively deliver an accurate nutrition program.
Students will be instructed in proper hand sanitizing techniques and given opportunities to do
so prior to eating meals.
Efforts will be made to involve students in planning a healthy school environment through
meal suggestions that comply with USDA guidelines.
Students will be instructed in analyzing cultural influences and television, identifying and

5405
resisting negative pressure, and developing social support for healthy eating.
Information concerning appropriate services for counseling or medical treatment for nutrition
related health problems would be made available to students and staff.
Monitoring
The superintendent will ensure compliance with established district-wide nutrition and
physical activity wellness policy. School food service staff will ensure compliance and report
directly to the superintendent.
Policy Review
The policy will be assessed every three years by the wellness committee to review policy
compliance, assess progress, and determine areas in need of improvement.
Adopted: September 11, 2006

5420
STUDENT HEALTH SERVICES
The Board of Education recognizes that good student health is vital to successful learning and
realizes its responsibility, along with that of parent(s) or guardian(s), to protect and foster a safe and
healthful environment for the students.
The school shall work closely with students families to provide detection and preventive health
services. In accordance with law, the school will provide vision, hearing, dental inspection and
scoliosis screening. Problems shall be referred to the parent(s) or guardian(s) who shall be
encouraged to have their family physician/dentist provide appropriate care.
In order to enroll in school a student must have a health examination and submit a health certificate
within 30 calendar days after entering school, and upon entering second, fourth, seventh and tenth
grades. The examination must have been conducted no more than 12 months before the first day of
the school year in question. If a student is unable to furnish the health certificate, the school will
provide a physical examination by a licensed provider. A request for exemption from the physical
examination, or the requirement to provide a health certificate, must be made in writing to the school
principal or designee, who may require documents supporting the request. The only basis for
exemption is a claim that the physical examination is in conflict with the parent or guardians genuine
and sincere religious belief.
In addition, students will be asked to provide a dental health certificate in order to enroll in school
and in accordance with the same schedule as the health certificate.
Schools shall also provide emergency care for students in accidental or unexpected medical
situations.
A permanent student health record shall be part of a students cumulative school record and should
follow the student from grade to grade and school to school along with his/her academic record. This
record folder shall be maintained by the school nurse.
Communicable Diseases
It is the responsibility of the Board to provide all students with a safe and healthy school
environment. To meet this responsibility, it is sometimes necessary to exclude students with
contagious and infectious diseases, as defined in the Public Health Law, from attendance in school.
Students will be excluded during periods of contagion for time periods indicated on a chart
developed by the school nurse.
It is the responsibility of the Superintendent of Schools, working through district health personnel, to
enforce this policy and to contact the county or local health department when a reportable case of a
communicable disease is identified in the student or staff population.

5420
Administering Medication to Students
Neither the Board nor district staff members shall be responsible for the diagnosis or treatment of
student illness. The administration of prescribed medication to a student during school hours shall
be permitted only when failure to take such medicine would jeopardize the health of the student, or
the student would not be able to attend school if the medicine were not made available to him/her
during school hours, or where it is done pursuant to law requiring accommodation to a students
special medical needs (e.g., Section 504 of the Rehabilitation Act of 1973). Medication will
include all medicines prescribed by a physician.
Before any medication may be administered to or by any student during school hours, the Board
requires:
1. The written request of the parent(s) or guardian(s), which shall give permission for such
administration and relieve the Board and its employees of liability for administration of
medication; and
2. The written order of the prescribing physician, which will include the purpose of the
medication, the dosage, the time at which or the special circumstances under which
medication shall be administered, the period for which medication is prescribed, and the
possible side effects of the medication.
Both documents shall be kept on file in the office of the school nurse.
Regulations
The Superintendent shall develop comprehensive regulations governing student health services.
Those regulations shall include the provision of all health services required by law, procedures for
the maintenance of health records, and procedures for the administering of medication to students.
Ref:

Education Law 310 (provisions for appeal of child denied school entrance for
failure to comply with immunization requirements); 901 et seq. (medical, dental and
health services); 6909 (emergency treatment of anaphylaxis)
Public Health Law 613 (annual survey); 2164 (immunization requirements)
7 NYCRR 64.7 (administration of agents to treat anaphylaxis); Part 136 (school
health services program)
Administration of Medication in the School Setting Guidelines, State Education
Department, revised April 2002
Immunization Guidelines: Vaccine Preventable Communicable Disease Control,
State Education Department, revised August 2000

Adoption date: March 10, 2008

5420-R
STUDENT HEALTH SERVICES REGULATION
A. Immunization
Children must receive immunizations for diphtheria, polio, measles, mumps, rubella, hepatitis B,
Haemophilus Influenzas Type b (Hib), pertussis, tetanus, pneumococcal disease (for children born
on or after January 2008) and varicella prior to entering or being admitted to school.
Parents must provide acceptable proof indicating required receipt of all vaccines in accordance with
law and regulations. A child may be excluded from the immunization requirements based on a
physician determined health reason or condition. This medical exemption must be signed by a
physician licensed to practice in New York State. A child may also be excluded from the
immunization requirements because the childs parent/guardian holds a genuine and sincere
religious belief which is contrary to the practice of immunization.
A child will not be admitted to school or allowed to attend school for more than 14 days without an
appropriate immunization certificate or acceptable evidence of immunization. This period may be
extended to 30 days on a case-by-case basis by the Building Principal if the child is transferring from
another state or country and can show a good faith effort to get the necessary certification or other
evidence of immunization.
When a student transfers out of the district, the parent/guardian will be provided with an
immunization transfer record showing the students current immunization status which will be
signed by the school nursing personnel or the school physician. A transcript or photocopy of the
immunization portion of the cumulative health record will be provided to the new educational
institution upon request.
B. Administering Medication to Students in School
The administration of prescribed medication to a student during school hours is permitted only when
the medication is necessary to allow the student to attend school or failure to administer the
medication would seriously affect the student's health.
Parent(s) or guardian(s) must present the following information:
1. A note from the family doctor containing the following information: student's name, the date
and name of the medicine, dosage and time to be administered, and list of possible side
effects;
2. A note from the parent(s) or guardian(s) giving the school nurse, teacher, Principal or other
school staff permission to administer the medication; or
3. A medication request form filed with the school-nurse teacher.
The school nurse shall develop procedures for the administration of medication which require that:

5420-R
1. All medications will be administered by a licensed person unless the child is self-directed;
2. Medications shall be securely stored in the office and kept in their original labeled container,
which specifies the type of medication, the amount to be given and the times of
administration; the school nurse shall maintain a record of the name of the student to whom
medication may be administered, the prescribing physician, the dosage and timing of
medication, and a notation of each instance of administration; and
3. All medications shall be brought to school by the parent(s) or guardian(s) and shall be picked
up by the parent(s) or guardian(s) at the end of the school year or the end of the period of
medication, whichever is earlier. If not picked up within five days of the period of medication,
the medication shall be discarded.
An adult must bring the medication to school in the original container. The administering staff
member should clearly label the medication with the time to be given and dosage.
Administering medication on field trips and at after-school activities
Taking medication on field trips and at after-school activities is permitted if a student is self-directed
in administering their own medication. On field trips or at other after-school activities, teachers or
other school staff may carry the medication so that the self-directed student can take it at the proper
time.
If a student is going on a field trip but is not self-directed (i.e., fully aware and capable of
understanding the need and assuming responsibility for taking medicine), then the district may:
Permit the parent or guardian to attend the activity and administer the medication.
Permit the parent to personally request another adult who is not employed by the school
to voluntarily administer the medication on the field trip or activity and inform the school
district in writing of such request.
Allow the students health care provider to be consulted and, if he/she permits, order the
medication time to be adjusted or the dose eliminated.
If no other alternative can be found, a school nurse or licensed person must administer the
medication.
Administering epi-pen in emergency situations
The administration of epinephrine by epi-pen has become an accepted and extremely beneficial
practice in protecting individuals subject to serious allergic reactions (e.g., individual has an
anaphylactic reaction to a wasp sting or the ingestion of peanut butter).
Pursuant to Commissioners regulations, registered professional nurses may carry and administer
agents used in non-patient specific emergency treatment of anaphylaxis.

5420-R
In addition, pursuant to SED guidelines, school nurses may provide training to unlicensed school
staff in administering epi-pens, prescribed by a licensed prescriber, to a child who has been
diagnosed with the potential for a severe reaction, in the event of the onset of a serious allergic
reaction when a nurse is not available.
C. Student Medical Exams
In accordance with Section 903 of the state Education Law and section 136.3 of the Regulations of
the Commissioner of Education, each student shall have a physical exam given by the school doctor
or family physician (including a physician, physician assistant or nurse practitioner) upon initial
entrance to school and at grades pre-kindergarten or kindergarten, two, four, seven and ten.
Findings are to be kept on record at the school on forms that can be obtained from the school nurse.
In addition, the school will request a dental health certificate according to the same schedule.
A student may be excluded from the medical examination requirements because the childs
parent/guardian holds a genuine and sincere religious belief which is contrary to medical
examinations. The request for exemption must be in writing to the principal or his/her designee.
In the event that the students medical history reveals that they have a known life-threatening
allergy, the school nurse, in conjunction with the family, student, childs teacher, and other
appropriate staff, will develop and implement a prevention and response plan.
D. Illness in School
If a student becomes ill in school:
1. The nurse will determine if the student should remain in the dispensary or return to class.
2. The nurse will call the parent, guardian or substitute parent if he/she feels the student should
go home. In general, a parent or guardian will pick up the student from school.
3. The nurse will contact the Building Principal if he/she feels the child should be transported by
bus to the home.
4. If there is to be a change in bus routing in order to carry the student to his/her home, that
decision will be made by the administrator and the transportation supervisor.
5. If the route is to be changed, the transportation supervisor shall inform the bus driver.
6. If no parent, guardian or substitute parent picks up the student at school, or if no
parent/guardian or substitute parent will be home, the student will remain in the nurse's office
until such time as a parent, guardian or substitute parent becomes available to assume
responsibility for the child.
E. Medical Emergency Record
All students shall have on file a medical emergency record which shall state the name and
telephone numbers of the following:
1.

the student's parent(s) or guardian(s) at home and work;

2.
3.
4.
5.
6.

the student's next of kin;


a neighbor;
the family physician;
preferred hospital;
any allergies or serious health conditions.

Adopted: March 10, 2008

5420.1
CONCUSSION MANAGEMENT
The Board of Education of the Remsenburg-Speonk School District recognizes that concussions
and head injuries are commonly reported injuries in children and adolescents who participate in
sports and recreational activity and can have serious consequences if not managed carefully.
Therefore, the District adopts the following policy to support the proper evaluation and management
of head injuries.
Concussion is a mild traumatic brain injury. Concussions occur when normal brain functioning is
disrupted by a blow or jolt to the head. Recovery from a concussion will vary. Avoiding re-injury
and over-exertion until fully recovered are the cornerstones of proper concussion management.
While district staff will exercise reasonable care to protect students, head injuries may still occur.
Physical education teachers, coaches, nurses and other appropriate staff will receive training to
recognize the signs, symptoms and behaviors consistent with a concussion. This training will be
completed biannually. The School Nurse will organize the training and maintain completion records.
Any student exhibiting those signs, symptoms or behaviors while participating in a school
sponsored class, extracurricular activity, or interscholastic athletic activity shall be removed from the
game or activity and be evaluated as soon as possible by an appropriate health care professional.
The nurse will notify the students parents or guardians and recommend appropriate monitoring to
parents or guardians.
If a student sustains a concussion at a time other than when engaged in a school-sponsored
activity, the district expects the parent/legal guardian to report the condition to the nurse so that the
district can support the appropriate management of the condition.
The student shall not return to school or activity until authorized to do so by an appropriate health
care professional. The students health care provider possibly in consultation with the
Remsenburg-Speonk district physician will make the final decision on return to recess activities and
Physical Education class. Gradual return to physical education will be supervised by the Physical
Education teacher. Any student who continues to have signs or symptoms upon return to activity
must be removed from play and reevaluated by their health care provider. RS recognizes that a
concussion can affect the students ability to function in many activities in the school setting.
Therefore, assistance will be given to the student to modify his/her academic needs for the gradual
reintroduction of cognitive demands.
Concussion is a common consequence of trauma to the head in contact sports.
Concussions can occur from collisions or falls in all forms of athletic activity.
Injured athletes/students should be medically assessed to prevent the possibility of catastrophic
brain injuries.

Repeated concussions may cause cumulative brain injury in an individual injured over months or
years.
While any sport has a risk for injury a balance must be reached between competition and ensuring
athletes safety. Due to competition and enthusiasm over the sport, athletes, coaches and
spectators frequently lose their objectivity when it comes to concussion management. This fact
coupled with the insidious nature of head trauma and the multitude of symptoms head injury victims
may or may not present put physicians in the sometimes unpopular position of requiring diagnostic
testing (CT scan, neurology consults etc.) before allowing an athlete to return to participation.
Staff members should make sure that participation areas are clear of debris, safe, adequate space
provided, and plans and rules are implemented to create a safe environment. By ensuring that all
athletes/students wear properly fitted gear play with good sportsmanship at all times, and obey the
rules of safety, concussion prevention is possible. All staff are encouraged to follow these
preventive practices.
Symptoms of concussion:
Early: (within minutes or hours)
Headache
Dizziness
Lack of awareness or surroundings
Nausea or vomiting
Late: (within days to weeks)
Persistent low grade headache
Lightheadedness
Fatigue
Intolerance to bright lights or loud noises
Visual disturbance
Anxiety
Sleep disturbance
Other features of concussion frequently observed
Vacant stare or confused facial expression
Slow to answer questions or follow instructions
Confusion or easy distraction with regard to normal activities
Disorientation (unaware of time, date or place)
Slurred or incoherent speech (incomprehensible statements)
Stumbling, inability to walk a straight line
Memory deficits (repeatedly asking the same questions or inability to memorize and recall three
words or objects within 5 minutes)
Emotional outburst out of proportion to circumstances (distraught, crying)
Any period of loss of consciousness

The Board will appoint a Concussion Management Team (CMT) annually at the re-organization
meeting that will include, but not limited to the Athletic Coordinator, Nurse, and a building
administrator.
Information regarding Mild Traumatic Brain Injury will be posted to the District website.

Adopted: July 2, 2012

5420.2
REQUESTS FOR RELIGIOUS EXEMPTION FROM IMMUNIZATION
The Board of Education recognizes the need to balance the protection of public health against the
constitutional right of parents to raise their children in accordance with their own religious views. To
this end and in accordance with state law and regulation, parents have the right to request that their
child receive an exemption from immunization based upon their genuine and sincere religious
beliefs which are contrary to immunization.
The district has established a regulation for processing such requests. Parents who wish to request
an exemption from immunization on religious grounds are to contact the School Nurse or Building
Principal for information regarding the process and the type of information required.
Ref:

Public Health Law 2164(9)


Lewis v. Sobol, 710 F.Supp. 506 (S.D.N.Y. 1989)
Sherr v. Northport-East Northport UFSD, 672 F. Supp. 81 (E.D.N.Y. 1987)
Appeal of Quigley, 41 EDR 399 (2002)
Appeal of Swett, 34 EDR 492 (1994)

Adopted: September 11, 2006

5420.2-R
REQUESTS FOR RELIGIOUS EXEMPTION FROM IMMUNIZATION REGULATION
The following procedures shall be followed for implementing a parents request for religious
exemption to immunization:
1. Upon request, the school nurse or principals designee will provide the parent with:
The Request for Religious Exemption to Immunization FormParent/Guardian
Statement; and the
Centers for Disease Control/Department of Health informational immunization materials.
If requested, the school nurse or designee will meet with the parent to provide guidance
regarding the forms completion. However, such a meeting is not required.
2. The parent must return the signed and notarized form to the school nurse or designee. The
form must be signed by the parent and notarized by a notary public or it will not be accepted.
3. The Building Principal shall review each request for a religious exemption to immunization.
If, after review of the parents statement, questions still remain about the existence of a
sincerely held religious belief, the Principal may request supporting documents such as:
A letter or other literature from an authorized representative of a church, temple or other
religious institution explaining the doctrine/beliefs that prohibit immunization.
[NOTE: Parents do not necessarily need to be a member of an organized religion or
religious institution to obtain a religious exemption. However, the opposition to
immunization must be based on religious beliefs instead of merely framed in terms of
religious belief.]
Other writings or sources upon which the parent relied in formulating religious beliefs that
prohibit immunization;
A copy of any parental statements to health care providers or school district officials in a
district of prior residence explaining the religious basis for refusing immunization;
Any documents or other information the parent may be willing to provide that reflect a
sincerely held religious objection to immunization (e.g., disclosure of whether parent or
other children have been immunized, parents current position on allowing himself or
herself or his or her children to receive or refuse other kinds of medical treatment.)
The parent may request a meeting with the Principal to provide further information about his or
her sincerely held religious belief.
4. The Principal shall inform the parent, in writing, of the approval or denial of the exemption
request. If the request is denied, the notification letter must include the specific reason(s) for
denial. Copies of this notice must also be forwarded to the school nurse or designee and the
Superintendent of Schools.
5. If a request for a religious exemption is denied, a parent/guardian may appeal the denial to

the Commissioner of Education within 30 days of the decision.


Adoption date: September 11, 2006

5420.2-E
REQUEST FOR RELIGIOUS EXEMPTION TO IMMUNIZATION FORM
PARENT/GUARDIAN STATEMENT

Name of Student
Identification Number
Name of Parent(s)/Guardian(s)

School District and Building Name


This form is for your use in applying for a religious exemption to Public Health Law
immunization requirements for your child. Its purpose is to establish the religious basis for your
request since the State permits exemptions on the basis of a sincere religious belief.
Philosophical, political, scientific, or sociological objections to immunization do not justify an
exemption under Department of Health regulation 10 NYCRR, Section 66-1.3 (d), which requires
the submission of:
A written and signed statement from the parent, parents, or guardian of such child, stating that
the parent, parents or guardian objects to their childs immunization due to sincere and genuine
religious beliefs which prohibit the immunization of their child in which case the principal or
person in charge may require supporting documents.
In the area provided below, please write your statement. The statement must address all of the
following elements:
Explain in your own words why you are requesting this religious exemption.
Describe the religious principles that guide your objection to immunization.
Indicate whether you are opposed to all immunizations, and if not, the religious basis that
prohibits particular immunizations.
You may attach to this form additional written pages or other supporting materials if you so
choose. Examples of such materials are listed on page 3.

5420.2-E

5420.2-E
Please sign in the space provided below and have the document notarized by a notary
public where indicated.
I hereby affirm the truthfulness of the forgoing statement and have received and reviewed
the informational immunization materials provided to me by my childs school.

Signature of Parent/Guardian

Sworn to before me this

Date

day of

Notary Public Seal

You will be notified in writing of the outcome of this request. Please note that if your request
for an exemption is denied, you may appeal the denial to the Commissioner of Education
within thirty (30) days of the decision, pursuant to Education Law, Section 310.
SECTION BELOW FOR SCHOOL DISTRICT USE ONLY
To the Building Principal:
If, after review of the parental statement, questions remain about the existence of a sincerely held
religious belief, Department of Health regulation [10 NYCRR, Section 66-1.3(d)] permits the
principal to request supporting documents. Some examples include:
A letter from an authorized representative of the church, temple, religious institution, etc.
attended by the parent/guardian, literature from the church, temple, religious institution, etc.
explaining doctrine/beliefs that prohibit immunization (Note: Parents/guardians need not
necessarily be a member of an organized religion or religious institution to obtain a religious
exemption);
Other writings or sources upon which the parent/guardian relied in formulating religious
beliefs that prohibit immunization;
A copy of any parental/guardian statements to healthcare providers or school district officials

5420.2-E
in a district of prior residence explaining the religious basis for refusing immunization;
Any documents or other information the parent/guardian may be willing to provide that reflect
a sincerely held religious objection to immunization (for example: disclosure of whether
parent/guardian or other children have been immunized, parent/guardians current position
on allowing himself or herself or his or her children to receive or refuse other kinds of medical
treatment.)
Reviewer Name (Building Principal)
Indicate Result of Request Review:
APPROVED
Date of Approval
DENIED

Date of Denial

State Specifically Reason(s) for Denial:

5420.2-E

Reviewer Signature (Building Principal)

Parent/guardian must be notified in writing of the approval or denial of the request. If


the request is denied, the notification letter must include the specific reason(s) for
denial.
If a religious exemption request is denied, the parent/guardian may appeal the denial
to the Commissioner of Education within thirty (30) days of the decision, pursuant to
Education Law, Section 310.
Adopted: September 11, 2006

5440
DRUG AND ALCOHOL ABUSE
The Board of Education recognizes that the problem of drug use is a pervasive one in our society.
Schools must assume a greater responsibility for dealing with drug abuse as a social problem and
as a criminal problem; the first, because we must be concerned about the health and welfare of our
students; and second, because possession or sale of drugs is illegal. Therefore, policy must also
take two directions, education, and identification and evaluation.
1. Education: All teaching personnel will follow, without deviation, the guidelines for instruction
in dealing with drugs and other contemporary social problems that interfere with normal
growth and development of students as outlined in the district health curriculum.
2. Identification and Referral: The teaching staff is responsible for the identification and referral
of students exhibiting signs of behavioral problems that may interfere with normal learning.
A. Some types of behavior that may be associated with serious emotional problems include
a.
b.
c.
d.

loss of interest in school and social relationships with others


marked alteration in behavior
deterioration in physical and personal appearance
development of problems in dealing with school and parents

3. School personnel who suspect a student is experiencing serious emotional difficulty as a


result of experimenting with or the abuse of dangerous drug or alcohol, or personal conflict,
should immediately consult with the students counselor and/or nurse to determine the
nature, seriousness and extent of the problem.
4. If in the judgment of the teacher, nurse and counselor the student is suspected or
experimenting with or abusing dangerous drugs or alcohol, the matter must be reported to
the Superintendent immediately.
5. Evaluation: The Superintendent will evaluate the problem, and may initiate one or more of
the following steps:
a) Confer with the student.
b) Request an immediate conference with parents.
c) Refer the case to the pupil personnel team for further study and recommendations.
d) Report the matter to the proper police authorities.
e) Suspend the student until parents report for conference.
f) Assist parents and students to obtain outside medical and/or psychological assistance.
g) Contact appropriate county agency.
6. Followup: The pupil personnel team will assume the responsibility for monitoring the
students progress, modifying services as necessary, and maintaining communication with

all concerned until the case is concluded.


Adopted: December 10, 1990

5460
SUSPECTED CHILD ABUSE AND MALTREATMENT
The Board of Education recognizes that because of their sustained contact with schoolaged
children, employees are in an excellent position to identify abused or maltreated children and refer
them for treatment and protection. The purpose of mandatory reporting is to identify suspected
abused and maltreated children as soon as possible, so that such children determined to be abused
or maltreated can be protected from further harm and, where appropriate, can be offered services to
assist him or her and his or her family.
Pursuant to applicable law, any school official or employee who has reasonable cause to know or
suspect that a child has been subjected to abuse or maltreatment will immediately report this to the
Building Principal who will report the case to the New York State Child Abuse and Maltreatment
Register, as required by law. The report shall be made by telephone or by telephone facsimile
machine on a form supplied by the Commissioner of Social Services. A written report shall be made
within 48 hours to the appropriate local child protective service and to the statewide Central Register
for Child Abuse and Maltreatment.
School employees and officials will not contact the child's family or any other person to determine
the cause of the suspected abuse or maltreatment. It is not the responsibility of the school official or
employee to prove that the child has been abused or maltreated. Any school official or employee
who has cause to suspect that the death of any child is a result of child abuse or maltreatment must
report that fact to the appropriate medical examiner or coroner.
In accordance with the law, any employee who fails to report an instance of suspected child abuse
or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the damages
caused by the failure to report. The law grants employees and other persons who report instances of
child abuse immunity in good faith from any liability that might otherwise be incurred. The district will
cooperate to the extent possible with authorized child protective services workers in investigations
of alleged child abuse. The school district shall maintain an ongoing training program which will
address the identification and reporting of child abuse and maltreatment. Attendance at sessions
of this training program shall be required of all district employees who come in contact with students.
Attendance records shall be kept, and notations will be made in personnel files as to the dates of
attendance.
The Superintendent of Schools shall develop, with in put from appropriate personnel, a plan for
implementation of such training program, to be approved by the Board. In addition, the policy and
regulations will be included in all employee handbooks and distributed annually to all personnel who
are not covered under existing handbooks. The Superintendent will prepare and implement all
regulations as are necessary to accomplish the intent of this policy.
Crossref:5300, Student Conduct
5500, Student Records

Ref:

Child Protective Services Act of 1973, Social Services Law 411et seq.
Family Court Act 1012 Family Educational Rights and Privacy Act,
20U.S.C. 1232g, 45CFR 99.36
Education Law 3209a

Adopted: September 11, 2006

5500
STUDENT RECORDS
It is the policy of the Remsenburg-Speonk Union Free School District of the First Supervisory District
of Suffolk County to ensure that students files are available to parents of students under 18 years of
age, and to students over 18 years of age, and to ensure the confidentiality of such records with
respect to third parties.
Inspection and review of student records may be made by parents of students under 18 and
students themselves if they are over 18 years of age. Request to review the records must be made
in writing to the Clerk of the District, at least 20 days in advance, on a form provided.
In the event that the parent or student 18 or older desires to challenge records that they feel are
inaccurate, misleading, or otherwise an invasion of privacy or rights of the student, such a challenge
must be stated in writing to the Clerk of the District. Such a challenge must identify records believed
to be inaccurate, misleading, or otherwise in violation of the privacy or rights of the student and give
a statement of reasons for the challenge.
The Clerk must respond to the challenge in writing, within 20 days of such request. He/she may find
that the challenged record is inaccurate and agree to correct record accordingly, or he/she may
state that he/she finds no basis for correcting record in question, but that parent or student will be
given a hearing on request.
If a hearing is desired, the request must be in writing and will be held before the Superintendent or
his/her designee, within 20 days after receipt of request. The hearing officer shall render a written
decision on the results of the hearing within 10 days after hearing date.
Student education records are confidential and may not be released or made available to persons
other than parents or students without the written consent of such parents or students. Exceptions
to this are:
1. Other school officials, including teachers within the educational institution or local
educational agency who have legitimate educational interests.
2. Officials of another school in which the student seeks or intends to enroll, if the parents or
student are notified of the transfer of records, are given a copy if they desire one, and have an
opportunity for a hearing to challenge the content of the record.
3. Authorized representatives of certain designated Federal and State agencies, including
State educational authorities, for the purpose of the audit and evaluation of federally
supported programs, or in connection with the enforcement of Federal legal requirements.
4. In connection with a students application for or receipt of financial aid.
5. State and local authorities to which such information is specifically required to be reported or
disclosed pursuant to state statute adopted prior to November 19, 1974.

5500
6. Parents of a dependent student.
7. In an emergency, to appropriate persons, where the knowledge is necessary to protect the
health or safety of the student or other persons.
8. Pursuant to court order or subpoena, after notification to the parents or student.
If personally identifiable information is to be released to other third parties, a written consent is
required specifying the record to be released, the reasons for such release and the person or
persons to whom they are to be released.
Any requests for access to students records by anyone except employees of the school district with
legitimate educational interests must be kept in students file and shall become an educational
record and subject to provisions of this policy.
Adopted: November 10, 1975

5500.1
CONFIDENTIALITY AND ACCESS TO THE RECORDS OF
STUDENTS WITH DISABILITIES
The Board of Education, pursuant to Public Law 94-142, Sections 121 A.560-121 a. 576,
Confidentiality of Information, and the Regulations of the Commissioner of Education, Part 200.2,
Board of Education Responsibilities, recognizes the need to protect the privacy of classified
children with disabilities and to provide opportunity for access to the records of handicapped
children by their parent(s) or guardian(s). The Board of Education therefore directs the
Superintendent of Schools to adopt administrative procedures which will ensure the achievement of
these regulations and objectives.
Adopted: May 14, 1996

5500.1R
STUDENTS
SPECIAL EDUCATION
CONFIDENTIALITY AND ACCESS TO THE RECORDS OF STUDENTS WITH DISABILITIES
1. The RemsenburgSpeonk Union Free School District program adheres to the policy that the
children with disabilities within its program have a basic right to privacy. Written records are
kept by this agency in the strictest confidence. It is also the policy of this facility that parents
have the right to see information which the school maintains on a child.
2. All confidential records of special education students shall be maintained in a locked file
cabinet, located in the Special Education Office. The type of records contained in each
student folder will include copies of: initial referral; Superintendents notification; notice to
parents of referral and due process; consent for psychological/educational assessment;
social history; notification of CSE meeting; CSE recommendation; Individual Education
Program (IEP); Board of Education approval and Board of Education notification to the
parent.
3. Access to said cabinet is limited to those members posted on said file cabinet. The
individuals having access are as follows:
CSE and CPSE Chairperson
Special Education Teacher
Special Education Teacher Assistant
School Psychologist
Speech Therapist
Superintendent
School Nurse
Occupational Therapist
Special Education Teacher
Classroom TeacherAs approved by CSE Chairperson
4. Affixed to each students folder is an access log which is to be signed and dated by any
authorized individual upon access. The CSE Chairperson will be responsible for maintaining
storage of access logs.
5. For records including information on more than one student, parent access is limited only to
information which pertains to his/her own child.
6. Student records will be available to all parents. Parents have a right to request, inspect,
and review records without unnecessary delay and before any meeting regarding an
IEP or hearing relating to evaluation or placement of the student, and in no case, more

5500.1-R
than 45 days after the request has been made.
7. RemsenburgSpeonk Union Free School District will provide parents of eligible students
opportunity to seek correction of records through requests to amend the record on a hearing.
The parents of eligible students will also have the right to place a written rebuttal in the
record.
8. All agencies which receive records on students will be recorded.
9. In the event that the parent, or eligible student, desires to challenge records that they feel are
inaccurate, misleading, or otherwise an invasion of privacy or rights of the special education
student, such challenge must be stated in writing to the Superintendent of Schools. Such a
challenge must identify records believed to be inaccurate, misleading, or otherwise in
violation of privacy or the rights of the student, and must give a statement of reasons for the
challenge.
10. The Superintendent must respond to the challenge, in writing, within twenty (20) days of such
request. S/he may find that the challenged record is in accurate and agree to correct
accordingly, or s/he may state that s/he finds no basis for correcting record in question, but
that the student or parent will be given a hearing upon request.
11. If a hearing is desired, the request must be in writing, and will be held before the District
Superintendent or his/her designee, within twenty (20) days of receipt of request. The
hearing officer shall render a written decision on the results of the hearing with ten (10) days
of hearing date.
12. A copy of the decisions rendered as a result of a hearing will be maintained in the students
file.
13. RemsenburgSpeonk Union Free School District will not disclose information from a
students folder to anyone other than the school professionals and the CSE members who
are involved in the childs education without first obtaining the permission of the parents.
14. A list will be kept of the names of all staff members who have access to the records of
individual students. This list will be available to the parents.
15. RemsenburgSpeonk Union Free School District will maintain a record of requests for and
disclosures made from the educational records of a student, and permit the parent of an
eligible student to see that list of requests and disclosures.
16. RemsenburgSpeonk Union Free School District will make a students records available to
him/her, once the student reaches eighteen (18) years of age, the legal age established for
students. Written permission must be obtained from the student before records will be
released to others.

5500.1-R
17. RemsenburgSpeonk Union Free School District will keep records on students until the
students twentysixth (26th) birthday. After that date, all records will be destroyed. Before
records are destroyed, an attempt will be made to contact the student, and/or parents, to
inform them of their right to obtain a copy of said records.
18. Personally identifiable information is maintained, disclosed or destroyed in a manner which
ensures confidentiality and security.
19. The district will destroy personally identifiable information which is no longer required in
accordance with 34CFR300.573.
20. Confidential IEP information stored on a computer will only be accessed by personnel who
are authorized to have knowledge of the password. Such personnel are the members of the
Special Education evaluation team.
Adopted: May 14, 1996

5550
STUDENT PRIVACY
The Board of Education recognizes that student surveys are a valuable tool in determining student
needs for educational services. Parents have the right to inspect all instructional material that will be
used for a survey, analysis, or evaluation as part of a U.S. Department of Education (DOE)funded
program. In addition, no minor student may, without parental consent, take part in a survey, analysis
or evaluation funded in whole or in part by the U.S. DOE Education that reveals information
concerning:
1.
2.
3.
4.
5.

Political affiliations or beliefs of the student or the student's parent;


Mental or psychological problems of the student or the student's family;
Sex behavior or attitudes;
Illegal, anti-social, self-incriminating or demeaning behavior;
Critical appraisals of other individuals with whom respondents have close family
relationships;
6. Legally recognized privileged or analogous relationships, such as those of lawyers,
physicians and ministers;
7. Religious practices, affiliations or beliefs of the student or the student's parent; or
8. Income (other than that required by law to determine eligibility for participation in a program
or for receiving financial assistance under such program).
Parents/guardians shall have the right to inspect, upon request, any instructional material, used as
part of the educational curriculum for students. Instructional material is defined as: instructional
content that is provided to a student, regardless of format including printed or representational
materials, audio-visual materials, and materials in electronic or digital formats (such as materials
accessible through the Internet). It does not include tests or academic assessments.
A parent/guardian who wishes to inspect and review such instructional material shall submit a
request in writing to the Building Principal. Upon receipt of such request, arrangements shall be
made to provide access to such material to within 30 calendar days after the request has been
received.
It is the policy of the Board not to permit the collection, disclosure, or use of personal information
collected from students for the purpose of marketing or selling that information or providing it to
others for that purpose. This does not apply to the collection, disclosure, or use of personal
information collected from students for the exclusive purpose of developing, evaluating, or providing
educational products or services as permitted by law.
In the event of such collection, disclosure or use of personal information gathered from students,
student privacy shall be protected by the school district pursuant to the requirements of FERPA.
1. The collection, disclosure and use of personal information gathered from students for the
purpose of marketing or selling that information, or providing it to others for that purpose.
Upon request, parents/guardians have the right to inspect any such instrument before it is

administered or distributed to their child. This does not apply to the collection, disclosure, or
use of personal information collected from students for the exclusive purpose of developing,
evaluating or providing educational products or services for, or to students or educational
institutions, such as:
a.
b.
c.
d.

College or other postsecondary education recruitment, or military recruitment;


Book clubs, magazines and programs providing access to low-cost literary products;
Curriculum and instructional materials used in schools;
Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical,
aptitude, or achievement information for students or to generate other statistically useful
data for the purpose of securing such tests and assessments, and the subsequent
analysis and public release of the aggregate data from such tests and assessments;
e. Student recognition programs; and
f. The sale by students of products or services to raise funds for school-related activities.
In the event of such collection, disclosure or use of personal information gathered from
students, student privacy shall be protected by the school district pursuant to the
requirements of FERPA.
2. The administration of any survey revealing information concerning one or more of the
following:
a. political affiliations or beliefs of the student or the student's parent;
b. mental or psychological problems of the student or the student's family;
c. sex behavior or attitudes;
d. illegal, anti-social, self-incriminating or demeaning behavior;
e. critical appraisals of other individuals with whom respondents have close family
relationships;
f. legally recognized privileged or analogous relationships, such as those of lawyers,
physicians and ministers;
g. religious practices, affiliations or beliefs of the student or the student's parent; or
h. income (other than that required by law to determine eligibility for participation in a program
or for receiving financial assistance under such program).
Parents/guardians and eligible students, shall also have the right to inspect, upon their
request, a survey created by a party other than the U.S. DOE before the survey is
administered or distributed by a school to a student. Such requests must be submitted, in
writing, to the Building Principal with a response to be at least two weeks in advance of any
survey to be given.
3. The administration of any non-emergency, invasive physical examination or screening that is
required as a condition of attendance, administered by the school which is not necessary to
protect the immediate health or safety of the student or other students and not otherwise
permitted or required by state law.
Parents/guardians and eligible students shall be notified at least annually, at the beginning of the

5550
school year, and when enrolling students for the first time in district schools of this policy. The
school district shall also notify parents/guardians within a reasonable period of time after any
substantive change to this policy.
Cross-ref:

5420, Student Health Services


5500, Student Records

Adopted: April 14, 2008

6231
ESEA TITLE I PROGRAM - PARENT INVOLVEMENT

Parents are the cornerstone upon which the foundation of their childrens success in school is built.
Their individual and collective knowledge concerning childrens emotional and educational needs is
recognized as an invaluable component in formulating policies and programs.
Parents serve as role models as their children strive to achieve their academic goals. Parents can
support these goals by serving as monitors regarding school attendance, and by developing a home
environment in which children can concentrate on homework without distractions such as frequent
television viewing. They can encourage a love for reading by reading to and with their children and
by visits to the library.
Parents are directly involved in the process of educational practice and program development
through formal and informal meetings regarding Title I instruction. Communication issues are
resolved through conferences, frequent progress reports, and reasonable access to staff including:
special teachers, the psychologist, and administration. Assessments are scheduled regularly, and
this information is shared with parents for mutual planning.
Adopted: June 10, 1996

6240
INVESTMENTS
The Board of Education delegates the responsibility for the administration of the investments
program to the School Business Official. He/she shall establish written procedures for the
operation of the investment program consistent with investment guidelines.
The objectives of the districts investment policy are, in priority order, to:
1.
2.
3.
4.

conform with all applicable federal, state and other legal requirements (legal);
adequately safeguard principal (safety);
provide sufficient liquidity to meet all operating requirements (liquidity); and
obtain a reasonable rate of return (yield).

In accordance with this policy, the School Business Official or his/her designee is authorized to
invest and/or deposit all funds, including proceeds of obligations and reserve funds, in timedeposit
accounts, certificates of deposit, shortterm government securities, repurchase agreements or other
investment instruments permitted by law, subject to the investment regulations approved by the
Board.
To the extent feasible, investments and deposits shall be made in and through local or regional
financial institutions. Concentration of investments in a single financial institution should be avoided.
Diversification of investments and deposits by financial institution, by investment instrument, and by
maturity scheduling is encouraged.
This policy will be annually reviewed by the Board and may be amended from time to time in
accordance with the provisions of section 39 of the General Municipal Law.*
Ref:

Education Law 1604a; 1723a; 3651; 3652


Local Finance Law 165.00
General Municipal Law 6c6e; 6j6n; 10; 11; 39; 109b

Adopted:
Amended: September 11, 2006

6240-R
INVESTMENTS REGULATION
Authorized Investments
A. The School Business Official is authorized to invest all available district funds, including
proceeds of obligations and Reserve Funds, in the following types of investment instruments:
Savings Accounts or Money Market Accounts of designated banks; Certificates of Deposit
issued by a bank or trust company located in and authorized to do business in New York
State; Demand Deposit Accounts in a bank or trust company located in and authorized to do
business in New York State; Obligations of New York State; Obligations of the United States
Government (U.S. Treasury Bills and Notes); Repurchase Agreements involving the
purchase and sale of direct obligations of the United States;
B. All funds except Reserve Funds may be invested in Revenue Anticipation Notes or Tax
Anticipation Notes of other school districts and municipalities, with the approval of the State
Comptroller.
C. Only Reserve Funds may be invested in obligations of the school district.
Conditions
All investments made pursuant to this investment policy will comply with the following conditions:
A. Collateral
1.

2.

Savings accounts, money market accounts, time deposit accounts and certificates of
deposit will be fully secured by insurance of the Federal Deposit Insurance
Corporation or by obligations of New York State, the United States, New York State
school districts and federal agencies whose principal and interest are guaranteed by
the United States. The market value of collateral will at all times exceed the principal
amount of the certificate of deposit. Collateral will be monitored no less frequently than
on a weekly basis.
Collateral will not be required with respect to the direct purchase of obligations of New
York State, the United States and federal agencies, the

B. Delivery of Securities
1.

2.

Payment of funds may only be made upon receipt of collateral or other acceptable
form of security, or upon the delivery of government obligations whether such
obligations are purchased outright, or pursuant to are purchase agreement. Written
confirmation of delivery shall be obtained from the custodial bank.
Every Repurchase Agreement will make payment to the seller contingent upon the
sellers delivery of obligations of the United States to the Custodial Bank designated
by the school district, which shall not be the repurchaser, or in the case of a bookentry
transaction, when the obligations of the United States are credited to the Custodians

6240-R
Federal Reserve account. The seller will not been titled to substitute securities.
Repurchase agreements shall be for periods of 30 days or less. The Custodial Bank
shall confirm all transactions in writing to insure that the school districts ownership of
the securities is properly reflected in the records of the Custodial Bank.
C. Written Contracts
1. Written contracts are required for certificates of deposit and custodial undertakings and
Repurchase Agreements. With respect to the purchase of direct obligations of U.S., New
York State, or other governmental entities in which monies may be invested, the interests
of the school district will be adequately protected by conditioning payment on the physical
delivery of purchased securities to the school district or custodian, or in the case of
bookentry transactions, on the crediting of purchased securities to the Custodians
Federal Reserve System account. All purchases will be confirmed promptly in writing to
the school district.
2. The following written contracts are required:
a. Written agreements will be required for the purchase of all certificates of deposit.
b. A written contract will be required with the Custodial Bank(s).
c. Written contracts shall be required for all Repurchase Agreements. Only creditworthy
banks and primary reporting dealers shall be qualified to enter into a Repurchase
Agreement with the school district.
The written contract will stipulate that only obligations of the United States may be purchased and
that the school district shall make payment upon delivery of the securities or the appropriate
bookentry of the purchased securities. No specific repurchase agreement will be entered into
unless a master repurchase agreement has been executed between the school district and the
trading partners. While the term of the master repurchase agreement may be for a reasonable
length of time, a specific repurchase agreement will not exceed thirty (30) days.
D. Designation of Custodial Bank
1. The Board will designate a commercial bank or trust company authorized to do business
in the State of New York to act as Custodial Bank of the school districts investments.
However, securities may not be purchased through a Repurchase Agreement with the
Custodial Bank.
2. When purchasing eligible securities, the seller will be required to transfer the securities to
the districts Custodial Bank(s)/Trust Companies.
E. Selection of Financial Institutions
1. The School Business Official will periodically monitor, to the extent practical but not less
than annually, the financial strength, creditworthiness, experience, size and any other

6240-R
criteria of importance to the district, of all institutions and trading partners through which
the districts investments are made.
2. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at
the request of the school district.
3. Investments in time deposits and certificates of deposit are to be made only with
commercial banks or trust companies, as permitted by law.
VI.

Operations, Audit, and Reporting


1. The School Business Official or designee will authorize the purchase and sale of all
securities and execute contracts for investments and deposits on behalf of the school
district. Oral directions concerning the purchase or sale of securities will be confirmed in
writing. The school district will pay for purchased securities upon the simultaneous
delivery or bookentry thereof.
2. The school district will encourage the purchase and sale of securities through a
competitive process involving telephone solicitation for at least three quotations.
3. The independent auditors will audit the investment proceeds of the school district for
compliance with the provisions of this Investment Regulation.
4. Monthly investment reports will be furnished to the Board of Education.

VII.

Internal Control Structure


1. The School Business Official is responsible for establishing and maintaining an internal
control structure to: a) regulate the activities of subordinate employees; b) provide
reasonable, but not absolute, assurance that deposits and investments are safe guarded
against loss from unauthorized use or disposition; c) provide a satisfactory level of
accountability based on data which includes investment descriptions and amounts,
transaction dates, and other relevant information; d) ensure that transactions are
executed in accordance with managements authorization and recorded properly; and e)
ensure that transactions are managed in compliance with applicable laws and
regulations.
2. All moneys collected by any officer or employee of the school district shall transfer those
funds to the School Business Official with in one day of deposit, or within the time period
specified in law, whichever is shorter.

VIII.

Prudence
1. 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
school district to govern effectively.
2. Investments shall be made with judgment and care, under circumstances then prevailing,
which persons of prudent discretion and intelligence exercise in the management of their
own affairs, not for speculation, but for investment, considering the safety of the principal

6240-R
as well as the probable income to be derived.
3. 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.
Ref:

Education Law 1604a; 1723a; 3651; 3652


LocalFinanceLaw165.00
General Municipal Law 6c6e; 6j6n; 10; 11; 39

Adopted:
Amended: September 11, 2006

6240E
INVESTMENTS EXHIBIT
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 guaranteed by the International Bank for Reconstruction and
Development, the InterAmerican Development Bank, the Asian Development Bank, and the
African Development Bank.

iii.

Obligations partially insured or guaranteed by any agency of the United States of America, at
a proportion of the Market Value of the obligation that represents the amount of the insurance
or guaranty.

iv.

Obligations issued or fully insured or guaranteed by the State of New York, obligations
issued by a municipal corporation, school district or district 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.

v.

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.

vi.

Obligations of Puerto Rico rated in one of the three highest rating categories by at least one
nationally recognized statistical rating organization.

vii.

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.

viii.

Obligations of domestic corporations rated in one of the two highest rating categories by
at least one nationally recognized statistical rating organization.

ix.

Any mortgage related securities, as defined in the Securities Exchange Act of 1934, as
amended, which may be purchased by banks under the limitations established by bank
regulatory agencies.

x.

Commercial paper and bankers acceptances issued by a bank, other than the Bank, rated in
the highest short term category by at least one nationally recognized statistical rating
organization and having maturities of no longer than 60days from the date they are pledged.

6240-E
xi.

Zero coupon obligations of the United States government marketed as Treasury Strips.

xii.

By an irrevocable letter of credit issued by a federal home loan bank whose commercial
paper and other unsecured shortterm debt obligations are rated in the highest rating
category by at least one nationally recognized statistical rating organization. Such
irrevocable letter of credit to be issued in favor of the government for a term not to exceed 90
days with an aggregate value equal to 100% of the aggregate amount of deposits and the
agreed upon interest, if any.

Adopted:
Amended: September 11, 2006
Amended: November 9, 2009

6610
CAPITAL ASSETS ACCOUNTING POLICY
In order to provide for the proper control and conservation of District property, the Superintendent or
designee shall maintain Inventory Records and account for Capital Expenditures in accordance with
the following guidelines:
Inventory Records:
1. The Superintendent will assign an individual the responsibility for maintaining the inventory
system on a computerized system.
2. All equipment costing in excess of $500 shall be inventoried.
3. All equipment costing less than $500 shall be inventoried for accountability purposes if
requested by the responsible program administrator.
4. All non-equipment capital assets costing in excess of $15,000 shall be inventoried.
The following information must be maintained on the equipment/fixed asset inventory:
1.
2.
3.
4.
5.
6.
7.
8.

Assigned asset number from inventory tag


Name and description of property
Location of equipment
Serial number (if applicable)
Cost of the asset at acquisition
Acquisition date
Vendor Name purchased from
Invoice and Purchase Order Number
Relocation and Disposition of Assets:

1. An annual physical inspection will be performed to determine that all assets are present, in
usable condition, located in the assigned area, and accurately recorded on the fixed asset
inventory
2. The Board will be notified of all assets on the inventory scheduled for disposition by the
individual maintaining the inventory.
3. After Board approval the district clerk will notify the individual responsible for maintaining the
inventory of the approval and the individual will remove the asset from the inventory.
Capital Expenditure Accounting:
1. The District defines capital assets as non-consumable assets with a normal service life of
more than two years.
2. Fixed asset account values are recorded at cost or fair market value at the time of
acquisition.

6610
3. Depreciation will conform to Generally Accepted Accounting Principles and requires
documentation to be maintained.
4. Capitalization thresholds will be applied to individual fixed assets rather than groups of
fixed assets.
5. The threshold to be used for fixed assets is $1,500.
Note: Property inventory requirements and capitalization thresholds are different subjects that are
commonly confused because of their overlapping terminology.
An inventory is an itemized list for tracking and controlling property. Capitalization is an
accounting treatment whereby an item is recorded as a long-term asset on the balance sheet
rather than as a consumable expense of the current period.
Some assets individually may fall below the capitalization threshold but may be purchased in large
quantities by the District. Examples include library books, textbooks, and computers. The District
may choose to capitalize these assets as groups.
Donated items will be capitalized at a fair-market value on the date of the donation.
All assets will be depreciated using the straight-line method. Residual value will be considered.
Useful lives will be determined in the year of purchase based on general guidelines obtained from
professional organizations and assets present condition. Depreciation expense will be calculated
beginning in the year of acquisition.
Reference:

GASB 34

Adopted: December 12, 2009

6670
PETTY CASH/PETTY CASH ACCOUNTS
A petty cash account not to exceed $100 shall be established in the central administrative office,
cafeteria, and the business office.
The Superintendent shall designate a person to be responsible for the accounts in the central
administrative office, cafeteria, and the business office.
To ensure that petty cash account funds are properly managed, the following guidelines shall be
followed:
1. Receipts and cashonhand must always total the authorized fund amount. All disbursements
from such funds are to be supported by receipted bills, paid out slips or other evidence
documenting the expenditure.
2. Payments may be made from petty cash for materials, supplies, or services only when
payment is required on delivery. Sales tax on purchases will not be paid by the school district
from petty cash funds.
The district shall reimburse uses of petty cash funds up to the extent of expenditures, with
appropriate documentary support on an asneeded basis. Each fund will be closed at the end of
the school year.
Crossref:6700.Purchasing
Ref: Education Law 1604(26); 1709(29)8NYCRR170.4
Adopted: February 13, 2006

6670R
PETTY CASH ACCOUNTS REGULATION
The custodian appointed for each petty cash fund will be responsible for the following methods of
record keeping:
1. Deposits to petty cash accounts will be made in amounts which shall not exceed payments
made in cash from the fund;
2. Payments made from the funds will be indicated by receipts, receipted bills, or other evidence
of payments in form available for audit;
3. Disbursements will be acknowledged by the signature of the individual receiving payment;
4. Each disbursement will be properly budget Coded prior to the disbursement of funds; and
5. A request to replenish the petty cash fund will be accompanied by a summary sheet signed
by the custodian responsible for the fund, with all expenditures properly accounted.
The custodian will disburse petty cash only for payment for materials, supplies and services, only
when payment is required upon delivery.
Adopted: February 13, 2006

6700
PURCHASING
The Board of Education views purchasing as serving the educational program and various auxiliary
services by providing necessary supplies, equipment and related services. Since purchasing
represents a significant expenditure in the school budget, items must be procured efficiently and
economically.
Purchasing will be centralized in the Business Office under the general supervision of the
Purchasing Agent.
It is the goal of the Board to purchase competitively, without prejudice or favoritism, and to seek the
maximum educational value for every dollar expended. Competitive bids or quotations shall be
solicited in connection with purchases pursuant to law.
Purchase contracts for materials, equipment and supplies and public work contracts must be
awarded pursuant to the requirements of the General Municipal Law and only after responsible bids
have been received in response to a public advertisement soliciting formal bids. Similar
procurements to be made in a fiscal year will be grouped together for the purpose of determining
whether a particular item must be bid.
In accordance with law, the district shall give a preference in the purchase of instructional materials
to vendors who agree to provide materials in alternative formats. The term alternative format shall
mean any medium or format for the presentation of instructional materials, other than a traditional
print textbook, that is needed as an accommodation for a disabled student enrolled in the district (or
program of a BOCES), including but not limited to Braille, large print, open and closed captioned,
audio, or an electronic file in a format compatible with alternative format conversion software that is
appropriate to meet the needs of the individual student.
The Board is also aware of the need to reduce exposure of students and staff to potentially harmful
chemicals and substances used in cleaning and maintenance. In accordance with law, regulation
and guidelines set forth by the Office of General Services (OGS), the district will purchase and utilize
environmentally sensitive cleaning and maintenance products in its facilities whenever feasible.
Cleansers purchased must, first and foremost, be effective so that the district may continue to
purchase nongreen products as necessary. Environmentally sensitive cleaning and maintenance
products will be procured in accordance with standard purchasing procedures as outlined in this
policy and regulation.
Goods and services which are not required by law to be procured by the district through competitive
bidding will be procured in a manner so as to ensure the prudent and economical use of public
monies, in the best interests 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.

6700
Alternative proposals or quotations will be secured by requests for proposals, written
1.
2.
3.
4.

Under a county contract;


Under a state contract;
Of articles manufactured in state correctional institutions; or
From agencies for the blind and severely disabled.

The district's purchasing activity will strive to meet the following objectives:
1. To effectively supply all administrative units in the school system with needed materials,
supplies, and contracted services;
2. To obtain materials, supplies and contracted services at the lowest prices possible consistent
with the quality and standards needed as determined by the Purchasing Agent in cooperation
with the requisitioning authority. The educational welfare of the students is the foremost
consideration in making any purchase;
3. To ensure that all purchases fall within the framework of budgetary limitations and that they
are consistent with the educational goals and programs of the district;
4. To maintain an appropriate and comprehensive accounting and reporting system to record
and document all purchasing transactions; and
5. To ensure, through the use of proper internal controls, that loss and/or diversion of district
property is prevented.
Opportunities shall be provided to all responsible suppliers to do business with the school district.
Suppliers whose place of business is situated within the district may be given preferential
consideration only when bids or quotations on an item or service are identical as to price, quality and
other factors. Purchases will be made through available cooperative BOCES bids, state contracts of
the Office of General Services or county contracts whenever such purchases are in the best
interests of the district. In addition, the district will make purchases from correctional institutions and
severely disabled persons through charitable or nonprofitmaking agencies, as provided by law.
The district will provide justification and documentation of any contract awarded to an offer or other
than the lowest responsible dollar offer or, setting forth the reasons why such award is in the best
interests of the district and otherwise furthers the purposes of section 104b of the General
Municipal Law.
The Purchasing Agent will not be required to secure alternative proposals or quotations for:
1. Emergencies where time is a crucial factor;
2. Procurements for which there is no possibility of competition (sole source items); or
3. Procurements of professional services, which, because of the confidential nature of the
services, do not lend themselves to procurement through solicitation; or
4. Very small procurements when solicitations of competition would not be costeffective.

6700
The Superintendent of Schools, with the assistance of the Purchasing Agent, shall be responsible
for the establishment and implementation of the procedures and standard.
No Board member, officer or employee of the school district shall have an interest in any contract
entered into by the Board or the district, as provided in Article 18 of the General Municipal Law.
Comments will be solicited from those administrators involved in the procurement process before
enactment of the districts policies regarding purchasing and from time to time thereafter. The
policies must then be adopted by Board resolution. All district policies regarding the procurement
processes will be reviewed by the Board at least annually.
The unintentional failure to fully comply with the provisions of section 104b of the General Municipal
Law or the districts policies regarding procurement will not be grounds to void action taken nor give
rise to a cause of action against the district or any officer or employee of the district.
Ref: Education Law 305(14); 1709(9) (14) (22)
General Municipal Law 102; 103; 104b; 109a; 800 et seq.
Adopted: September 11, 2006
Amended: March 10, 2008

6700R
PURCHASING REGULATION
The following sets forth the procedures for the procurement of goods and services by the
RemsenburgSpeonk Union Free School District:
IX.

DEFINITIONS
1. Purchase Contract: a contract involving the acquisition of commodities, materials, supplies or
equipment.
2. Public Work Contract: a contract involving services, labor or construction.

II.

GENERAL MUNICIPAL LAW

The General Municipal Law requires that purchase contracts for materials, equipment and supplies
involving an estimated annual expenditure exceeding $20,000, and public work contracts involving
an expenditure of more than $35,000, will be awarded only after responsible bids have been
received in response to a public advertisement soliciting formal bids. Similar procurement to be
made in a fiscal year will be grouped together for the purpose of determining whether a particular
item must be bid.
III.

COMPETITIVE BIDDING REQUIRED


A. Method of Determining Whether Procurement is Subject to Competitive Bidding
1. The District will first determine if the proposed procurement is a purchase contractor a
contract for public work.
2. If the procurement is either a purchase contractor a contract for public work, the District
will then determine whether the amount of the procurement is above the applicable
monetary threshold as set forth above.
3. The District will also determine whether any exceptions to the competitive bidding
requirements (as set forth below) exist.
B. Contract Combining Professional Services and Purchase
In the event that a contract combines the provision of professional services and a purchase,
the District, in determining the appropriate monetary threshold criteria to apply to the
contract, will determine whether the professional service or the purchase is the predominant
part of the transaction.
C. Opening and Recording Bids; Awarding Contract
The Purchasing Agent will be authorized to open and record bids. Contracts will be awarded
to the lowest responsible bidder (as recommended by the Purchasing Agent), who has

6700-R
furnished the required security after responding to an advertisement for sealed bids.
D. Documentation of Competitive Bids
The District will maintain proper written documentation which will set forth the method in
which it determined whether the procurement is a purchase or a public work contract. Proper
written documentation will also be required when a contract is not awarded to the vendor
submitting the lowest quote, setting forth the reasons therefore. A quote which exceeds the
bid limit will be awarded only when such award is in the best interests of the district and
otherwise furthers the purposes of section 104b of the General Municipal Law. The District
will provide justification and documentation of any such contract awarded.
E. Purchase of Instructional Materials
In accordance with Education Law the district shall give a preference in the purchase of
instructional materials to vendors who agree to provide materials in alternative formats (i.e.,
any medium or format for the presentation of instructional materials, other than a traditional
print textbook, that is needed as an accommodation for a disabled student enrolled in the
district, including but not limit to Braille, large print, open and closed captioned, audio or an
electronic file in an approved format.)
The district will establish and follow a plan to ensure that every student with a disability who
needs his or her instructional materials in an alternative format will receive those materials at
the same time that they are available to nondisabled students.
F. Leases of Personal Property
In addition to the above mentioned competitive bidding requirements, section 1725 of the
Education Law requires that the District will be subject to competitive bidding requirements
for purchase contracts when it enters into a lease of personal property.
Documentation: The District will maintain written documentation such as quotes, costbenefit
analysis of leasing versus purchasing, etc.
G. EnvironmentallySensitive Cleaning and Maintenance Products
The district will purchase and utilize environmentally sensitive cleaning and maintenance
products whenever feasible. The purchasing agent will consult with the Green Guidelines
provided by the Office of General Services.
Any legal issues regarding the applicability of competitive bidding requirements will be
presented to the school attorney for review.

6700-R
IV.

EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS


The District will not be subject to competitive bidding requirements when the Board, in its
discretion, determines that one of the following situations exists:
1. emergency situations where;
a) the situation arises out of an accident or unforeseen occurrence or condition;
b) a District building, property, or the life, health, or safety of an individual on District
property is affected; or
c) the situation requires immediate action which cannot await competitive bidding.
However, when the Board passes are solution that an emergency situation exists, the
District will make purchases at that lowest possible cost, seeking competition by informal
solicitation of quotes or otherwise, to the extent practicable under the circumstances.
Documentation: The District will maintain records of verbal (or written) quotes:
2. when the district purchases surplus or secondhand supplies, materials or equipment
from the Federal or State governments or from any other political subdivision or public
benefit corporation within the State.
Documentation: The District will maintain market price comparisons (verbal or written
quotes) and the name of the government entity:
3. when the Board separately purchases eggs, livestock, fish and dairy products (other than
milk), juice, grains and species of fresh fruits and vegetables directly from producers or
growers. The amount expended in any fiscal year by the District may not exceed an
amount equal to fifteen cents multiplied by the number of days in the school year
multiplied by the total enrollment of the District.
Documentation: The District will maintain documentation consistent with sections 114.3
and 114.4 of the Regulations of the Commissioner of Education;
4. when the District purchases goods, supplies and services from municipal hospitals under
joint contract and arrangements entered into pursuant to section 2803a of the Public
Health Law.
Documentation: The District will maintain the legal authorization, Board authorization and
market price comparisons; or
5. when there is only one possible source from which to procure goods or services required
in the public interest.

6700-R
Documentation: The District will maintain written documentation of the unique benefits of
the item or service purchased as compared to other items or services available in the
market place; that no other item or service provides substantially equivalent or similar
benefits; and that, considering the benefits received, the cost of the item or service is
reasonable, when compared to conventional methods. In addition, the documentation will
provide that there is no possibility of competition for the procurement of the goods.
V.

QUOTES WHEN COMPETITIVE BIDDING NOT REQUIRED


Goods and services which are not required by law to be procured by the District through
competitive bidding will be procured in a manner so as to ensure the prudent and economical
use of public monies in the best interests of the taxpayers. Alternative proposal or quotations will
be secured by requests for proposals, written or verbal quotations, or any other appropriate
method of procurement, as set forth below.
A. Methods of Documentation
1. Verbal Quotations: the telephone log or other record will set forth, at a minimum, the date,
item or service desired, price quoted, name of vendor, name of vendors representative;
2. Written Quotations: vendors will provide, at a minimum, the dated, description of the item
or details of service to be provided, price quoted, name of contact. For example, with
regard to insurance, the District will maintain documentation that will include bid
advertisements, specifications and the awarding resolution. Alternatively, written or
verbal quotation forms will serve as documentation if formal bidding is not required.
Requests for Proposals (RFPs), documented in the same manner as described herein,
may also be used;
3. Requests for Proposals: the District will contact a number of professionals (e.g.,
architects, engineers, accountants, lawyers, underwriters, fiscal consultants, etc.) and
request that they submit written proposals. The RFPs may include negotiations on a fair
and equal basis. The RFPs and evaluation of such proposals will consider price plus other
factors such as:
a)
b)
c)
d)

the special knowledge or expertise of the professional or consultant service;


the quality of the service to be provided;
the staffing of the service; and
the suitability for the Districts needs.

The District will first locate prospective qualified firms by:


a) advertising in trade journals;
b) checking listings of professionals; or

6700-R
c) making inquiries of other districts or other appropriate sources.
The District will then prepare a wellplanned RFP which will contain critical details of the
engagement, including the methods which it will use in selecting the service.
B. Purchases/Public Work: Methods of Competition to be Used for NonBid Procurement
Documentation to be Maintained:
The District will require the following methods of competition be used and sources of
documentation maintained when soliciting nonbid procurements in the most costeffective
manner possible:
1. Purchases Contracts up to $20,000
a) Contracts from $1,000 to $4,999: Minimum of three verbal quotes. Documentation
will include notations of verbal quotes.
b) Contract from $5,000 to $19,999: Minimum of three written quotes.
2. Public Work Contracts up to $35,000
a) Contract for $1,000 to $9,999: Minimum of three verbal quotes. Documentation will
include notations of verbal quotes.
b) Contract for $10,000 to $19,999.00: Minimum of three written quotes.
3. Emergencies
a) Verbal quotes. Documentation will include notations of verbal quotes.
4. Insurance
Written quotes. Documentation will include bid advertisements, specifications and the
awarding resolution. Alternatively, written or verbal quotation form will serve as
documentation if formal bidding is not required. Requests for Proposals (RFPs),
documented in the same manner as described herein, may also be used.
5. Professional Services
Requests for Proposals (RFPs). Documentation will include written proposals.

6700-R
6. Leases of Personal Property
Written quotes. Documentation will include written quotes, cost-benefit analysis of leasing
versus purchasing, etc. The District will note that the contract is a true lease and not an
installment purchase contract.
7. Second Hand Equipment form Other Governments
Written quotes. Documentation will include market price comparisons (verbal or written
quotes) and the name of the government.
8. Certain Food and Milk Purchases
Written quotes. Documentation will be consistent with sections 114.3 and 114.4 of the
Regulations of the commissioner or Education.
9. Certain Municipal Hospital Purchases
Requests for Proposals (RFPs). Documentation will include the legal authorization, Board
authorization, and market price comparisons.
10. Sole Source
Written or verbal quotes. Documentation will include, among other things, the unique
benefits of the patented item as compared to other items available in the marketplace;
that no other item provides substantially equivalent or similar benefits; and that
considering the benefits received, the cost of the item is reasonable, when compared to
conventional methods. Notations of verbal quotes will be maintained by the District. In
addition, the District will document that there is no possibility of competition for the
procurement of the goods.
VI.

QUOTES NOT REQUIRED WHEN COMPETITIVE BIDDING NOT REQUIRED


The District will not be required to secure alternative proposals or quotations for those
procurement:
1.
2.
3.
4.

Under a county contract;


Under a State contract:
Of articles manufactured in State correctional institutions; or
From agencies for the blind and severely disabled.

6700-R
In addition, the District will not be required to secure such alternative proposals or quotations for:
1. Emergencies where time is a crucial factor;
2. Procurement for which there is no possibility of competition (sole source items)
3. Procurement of professional services which, because of the confidential nature of the
services, do not lend themselves to procurement through solicitation.
4. Very small procurement when solicitations of competition would not be costeffective.
VII.

PROCUREMENT FROM OTHER THAN THE LOWEST RESPONSIBLE DOLLAR


OFFEROR
The District will provide justification and documentation of any contract awarded to an offer or
other than the lowest responsible dollar offer or, setting forth the reasons why such award is in
the best interests of the District and otherwise furthers the purposes of Section 104b of the
General Municipal Law.

VIII.

INTERNAL CONTROL
The Board authorizes the Superintendent, acting as or with the assistance of the Purchasing
Agent, to establish and maintain an internal control structure to ensure, to the best of his/her
ability, that the Districts assets will be safeguarded against loss from unauthorized use or
disposition, that transactions will be executed in accordance with the law and District policies
and regulations, and recorded properly in the financial records of the District.
Comments will be solicited from personnel involved in the procurement process before
enactment of the Districts regulations regarding purchasing and from time to time thereafter.
The regulations must be adopted by Board resolution. All District regulations regarding the
procurement processes will be reviewed by the Board at least annually.
The unintentional failure to fully comply with the provisions of section104b of the General
Municipal Law or the Districts regulations regarding procurement will not be grounds to void
action taken or give rise to a cause of action against the District or any officer or employee of the
District.

Reference:
Adopted:
Amended:
Amended:
Amended:

Education Law Sections 305(14); 1709(9) (14) (22) General Municipal Law Sections:
102; 103; 104b; 109a; 800 et. seq.
8 NYCRR Sections: 114.3; 114.4; 170.2
May11, 1999
January12, 2004
March10, 2008
December 12, 2011

PURCHASING POLICY SUMMARY

Materials

Labor Services

Less than $1,000

$1,000-$4,999

No Quotes No Bid

Minimum of
three (3) verbal
quotes required

Less than $1,000

$1,000-$9,999

No Quotes No Bid

Minimum of
three (3) verbal
quotes required

6700-E

$5,000-$19,999
Minimum of three (3)
written quotes
required

$10,000 - $34,999
Minimum of three (3)
Written Quotes
Required

$20,000 +
Bid Required

$35,000 +
Bid Required

Exempt from Quotes or Bids:


Sole

Items and/or services available only form a single source (i.e. specific textbooks,

Source

speakers, certain curricular materials, uniforms to match existing stock, etc.)

State, County, Or
BOCES Contract

Pricing Established through State contract or appropriate cooperative bid.

Preferred

Purchases from State approved sources (i.e. Corcraft-prison made, NYS industries for the

Source

disabled, Industries for the Blind of NYS, etc.)

PURCHASE QUOTE SIGNOFF


Vendor Name &
Address

Item/Service

Qty

Unit Cost

1)
2)
3)
4)
5)

Adopted: July 11, 2011


Amended: December 12, 2011

Purchasing Agent Signature

Total
Cost

6830
EXPENSE REIMBURSEMENT
Authorized school district employees, officials and members of the Board of Education will be
reimbursed for reasonable, actual and necessary outofpocket expenses, which are legally
authorized and incurred while traveling for school related activities.
Only expenses necessary to the purpose of the travel shall be reimbursable. Transportation costs
such as taxi cabs are allowable only for essential transportation. Mileage will be paid at the rate fixed
by the Internal Revenue Service for business travel. Tax exemption certificates shall be issued and
utilized as appropriate.
The Board President or Superintendent shall determine and approve which meetings and
conferences Board members and the Superintendent of Schools may attend.
The Superintendent shall determine, in the first instance, whether attendance by district staff at any
conference or professional meeting is in the best interest of the district and eligible for
reimbursement of expenses under this policy.
To obtain reimbursement, the claimant must complete and sign an expense voucher, attach all
receipts or other expense documentation, together with a copy of the approved conference
attendance request form and evaluation report (if required), and submit the same to the appropriate
administrator, and after such claim has been audited and allowed.
Regulations concerning expense reimbursement shall be attached to this policy and shall be
reviewed annually and revised as appropriate.
Ref:

Education Law1604(27);1709(30);1804;2118;3023;3028
GeneralMunicipalLaw77b

Adopted: February 13, 2006

6830R
EXPENSE REIMBURSEMENT REGULATION
The district shall reimburse authorized school district employees, officials and members of the
Board of Education for reasonable, actual and necessary outofpocket expenses incurred while
traveling for schoolrelated business upon receipt of a completed voucher with itemized receipts
along with approved attendance form. The following rules shall guide the reimbursement of
schoolrelated travel expenses:
Transportation
Travel shall be by the most economical method, whether by private automobile, school
vehicle or common carrier such as bus, train or plane.
If travel is by private automobile, mileage shall be reimbursed at the level approved by the
Internal Revenue Service for business travel. Parking and tolls will also be reimbursed but
gasoline will not.
Rental car expenses will be reimbursed only if authorized in advance. Receipts must be
attached.
Air travel is only allowed when determined by the Board President or the Superintendent to
be in the districts best interest. Air travel shall be reimbursed at the lowest feasible fare
available and shall not exceed regular coach class fare. Travel arrangements should be
made as soon as reasonably practicable so as to avoid payment of a higher fare due to a late
booking.
Lodging
Persons traveling on districtrelated business are expected to secure the most reasonable
rate for necessary hotel accommodations. The district will reimburse for actual lodging fees
up to the maximum lodging fee set by the federal government for that location.
When the rate is predetermined by the organization sponsoring the event, the traveler shall
secure a room rate at no more than the predetermined rate not withstanding what the federal
travel reimbursement rate is. Hotel accommodations at a rate other than the most reasonable
rate or a predetermined rate described above will be reimbursed only if approved by the
Board President (for members of the board and the Superintendent) and the Superintendent
(for all others) prior to the stay.
Meals
Reimbursable meal charges, including gratuities, for persons traveling for districtrelated business
shall be as follows:
Breakfast $12.00
Lunch $18.00
Dinner $31.00
OR Daily Total $61.00

6830-R
Personal Expenses
The district does not reimburse persons traveling on districtrelated business for personal expenses
including, but not limited to, pay television, hotel health club facilities, alcoholic beverages, theater
and show tickets, and telephone calls and transportation costs unrelated to district business.
Adopted: February 13, 2006

8100
PROHIBITION OF FIREARMS AND OTHER WEAPONS IN
SCHOOL FACILITY AND ON SCHOOL GROUNDS
The Board of Education of the RemsenburgSpeonk Union Free School District, cognizant of its
responsibilities to provide for a safe and healthy environment where in students can learn, sets forth
and establishes a policy prohibiting dangerous instrumentalities and weapons in school. No student
shall bring on or possess upon school premises any dangerous instrumentality, firearm, dangerous
chemical, explosive device, or weapon.
For purpose of this policy, a firearm is defined, consistent with Section 921 of Title 18 of the United
States Code, as any weapon (including a starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon;
any firearm muffler or silencer, or any destructive device. The term does not include antique
firearms.
A weapon is defined as any instrument capable of inflicting bodily harm. Included within the
definition of a weapon, but not intended as a limitation on said definition are switch blade knives,
gravity knives, pilum ballistic knives, cane swords, electronic dart guns, chukka sticks and kungfu
stars. The aforementioned enumeration of weapons is not intended to be exhaustive, but merely
illustrative. Dangerous instrumentalities are defined as items or implements which under the
circumstances in which such instrumentalities are used, attempted to be used, attempted to be
used, or threatened to be used, are readily capable of inflicting bodily harm.
School premises shall mean school grounds, building and/or facilities whether owned by the school
district or leased to the school district and shall also include school buses.
An exception to the prohibition set forth in this policy may be made with prior approval and
arrangements with the Superintendent, in an instance where a weapon is part of a dramatic or music
performance, or is used as an artifact in an instructional unit.
In accordance with the GunFree School Act of 1194, any student who, after a hearing held
pursuant to Education Law Section 3214, is found guilty of bringing or possessing a firearm onto the
premises owned by or controlled by this School District will be subject to a penalty of at least a one
year suspension from school. However, in determining an appropriate penalty, the Superintendent
of the District may modify the suspension requirement on a casebycase basis, considering, among
other things, the totality of circumstances surrounding the offense and the students previous
record. Further, nothing in this subparagraph shall be construed as a limitation upon the
discretionary power of the Superintendent to recommend or impose disciplinary penalties in
Suspended students within the age of compulsory attendance as defined by Education Law Section
3205 will be immediately provided appropriate alternative instruction outside of the school from
which the student has been suspended for the duration of the suspension. Where a student has
been classified as disabled pursuant to the Individuals with Disabilities Education Act (IDEA), in
addition to the hearing required by Education Law 3214, such student shall not be suspended in

8100
excess of ten days unless the district extends such student the additional procedural protections
required by IDEA in connection with a change of placement.
Adopted: October 17, 1994

8332
USE OF CELL PHONES
The Board of Education recognizes that certain district employees will be required to carry
districtowned cell phones in order to meet their job responsibilities. Such phones should be
provided only when a less costly alternative (e.g., pager, radio) is not available or is not appropriate
in the circumstances.
A list of job titles requiring districtowned cell phones shall be maintained in the Business Office and
reported to the Board for its approval each year at its reorganizational meeting in July.
All cellular telephone contracts shall be secured through the appropriate purchasing process and
shall be subject to review and approval by the Board.
Cell phones are to be used for school district business purposes not to exceed the calling plan limits
set by the Board of Education at the reorganizational meeting in July. The employee shall
reimburse any cost exceeding these limits. Failure to follow these guidelines may result in
revocation of the phone and discipline of the employee.
As with any districtowned equipment, employees must take proper care of cell phones and take all
reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported
immediately to the Business Office. Since employees are responsible for the safe return of
districtowned cell phones, employees who use districtowned cell phones may be liable for
damages or loss that occur during the period of its use.
At least once per year, the Business Official shall evaluate and report to the Board on the cost and
effectiveness of the districts cellular telephone plan.
Adopted: February 13, 2006

8334
USE OF CREDIT CARDS
The Board of Education permits the use of district credit cards by certain school officials and Board
members to pay for actual and necessary expenses incurred in the performance of workrelated
duties for the district. A list of those individuals that will be issued a district credit card will be
maintained in the Business Office and reported to the Board each year at its reorganizational
meeting in July. All credit cards will be in the name of the school district.
The district shall establish a credit line not to exceed $2,000 for each card issued and an aggregate
credit limit of $5,000 for all cards issued to the district.
The relationship between the district and the credit card company is such that the district preserves
its right to refuse to pay any claim or portion thereof that is not expressly authorized, does not
constitute a proper district charge, or supersedes any laws, rules, regulations, or policies otherwise
applicable. In addition, the Board will ensure that no claim shall be paid unless an itemized voucher
approved by the officer whose action gave rise or origin to the claim, shall have been presented to
the Board and shall have been audited and allowed.
Credit cards may only be used for legitimate school district business expenditures. The use of credit
cards is not intended to circumvent the districts policy on purchasing.
Users must take proper care of these credit cards and take all reasonable precautions against
damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business
Office and to the appropriate financial institution. Failure to take proper care of credit cards or failure
to report damage, loss or theft may subject the employee to financial liability.
Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature or
violate the intent of this policy may result in credit card revocation and discipline of the employee.
Users must submit detailed documentation, including itemized receipts for commodities, services,
travel and/or other actual and necessary expenses that have been incurred in connection with
schoolrelated business for which the credit card has been used.
The Superintendent of Schools, in consultation with the Business Manager, shall establish
regulations governing the issuance and use of credit cards. Each cardholder shall be
apprised of the procedures governing the use of the credit card and a copy of this policy
and accompanying regulations shall be given to each cardholder.
The Business Manager shall periodically, but no less than twice a year, monitor the use of each
credit card and report any serious problems and/or discrepancies directly to the Superintendent and
the Board.

8334
Crossref:6700, Purchasing 6830, Expense Reimbursement
Ref: Education Law 1724(1); 2524(1) (itemized, audited, and approved vouchers required)
Opns.St.Compt.No.79202 (use of multipurpose credit cards by municipal employees)
Opns.St.Compt.No.79494 Opns.St.Compt.No.78897 (gas credit cards)
Adopted: February 13, 2006

8400
STUDENT TRANSPORTATION
The Board of Education affirms its goal of providing a safe and economical transportation system for
district students. All students are eligible for bus transportation to and from school.
Adopted: September 11, 2006

8414.5
ALCOHOL AND DRUG TESTING OF BUS DRIVERS
The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by
employees especially those in safetysensitive positions. To ensure the safety of its students and
incompliance with federal regulations, the Board requires alcohol and controlled substance testing
of school bus drivers and other covered employees.
The district shall directly, by contract, or through a consortium, implement and conduct a program to
provide alcohol and controlled substance testing of employees who operate a commercial motor
vehicle and perform in a safetysensitive position. Such employees include:
1. Drivers of buses designed to transport 15 or more passengers;
2. Drivers of commercial motor vehicles whose manufacturers rating is 26,001 lbs. or more; or
3. Drivers of vehicles that are used to haul hazardous materials.
Mechanics that work on and drive a commercial motor vehicle are also included. If no driving is
required, the mechanic is not subject to the regulations.
Controlled substance and alcohol tests* will be conducted at the time of employment and randomly
throughout the school year. In addition, testing will be conducted when a supervisor has a
reasonable suspicion that an employee has engaged in prohibited alcohol or controlled substance
use; after certain accidents; prior to return to duty when the employee has been found to violate
district policy and federal regulations; and after the employees return to duty.
In accordance with federal and state law, a bus driver will not be permitted to drive if he or she:
1. possesses, consumes or is reasonably believed to possess or have consumed alcohol or a
controlled substance, while on duty;
2. uses or is under the influence of alcohol or a controlled substance within six hours or less
before duty;
3. has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or
4. refuses to take a required alcohol or controlled substance test.
*The district has the option to require preemployment alcohol testing as part of district policy.
However, preemployment controlled substance testing and random alcohol and controlled
substance tests are mandatory under federal regulations.
Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in
which the bus driver was cited for a moving violation and a vehicle was towed from the scene or an
injury was treated away from the scene until he/she has been tested or 8 hours have passed,
whichever occurs first.
Any employee who is tested and found to have an alcohol concentration of at least 0.02, but less
than 0.04, shall be removed from the position until his or her next regularly scheduled duty period,

8414.5
but not less than 24 hours following administration of the test. Federal regulations do not mandate
any type of discipline be imposed upon such an employee. However, district policy or the collective
bargaining agreement may permit or require such an employee to be disciplined.
If a driver has engaged in prohibited alcohol or controlled substance use, he or she will be removed
from driving duties, and referred to a Substance Abuse Professional. The employee may be
required to complete a treatment program and/or be disciplined pursuant to district policy and/or
collective bargaining agreement. No driver who has abused controlled substances and/or alcohol
may return to duty unless he/she has successfully passed a required return to duty test. Thereafter,
the driver will be subject to followup testing.
The Superintendent of Schools shall ensure that a copy of this policy, the districts policy on misuse
of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment
resources and any other information prescribed by federal regulations is provided to all school bus
drivers and other appropriate personnel prior to the initiation of the testing program and to each
driver subsequently hired or transferred to a position subject to testing.
Ref:

Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. 31136; 31306 49U.S.C.
521(b) 49CFRPart382 49CFRPart40 49CFR395.20
Vehicle and Traffic Law, 5091; 1192; 1193

Adopted: September 11, 2006

8414.5R
ALCOHOL AND DRUGTESTING OF BUS DRIVERS REGULATION
Any employee who operates a commercial motor vehicle and is in a safetysensitive function shall
be subject to alcohol and controlled substance testing. An employee having any questions
concerning the districts policy or regulation, state law or the federal regulations shall contact the
Superintendent of Schools.
Any treatment, rehabilitation program or discipline will be provided in accordance with district policy
and/or collective bargaining agreements.
I. Covered Employees
Covered employees include district employees who operate a motor vehicle that:
1. Is designed to transport 15 or more passengers;
2. Has a manufacturers rating of 26,001 lbs. or more; or
3. Is designed to haul hazardous materials.
Such employees include, but are not limited to full time, regularly employed drivers; casual,
intermittent or occasional drivers; leased drivers and independent, owneroperator or contractors
who are either directly employed or under lease to an employer or who operate a commercial motor
vehicle at the direction or with the consent of the district.
Drivers will be removed from their safetysensitive functions if they violate the districts policy or
federal regulations pertaining to the possession or consumption of alcohol or controlled substances.
A driver is performing a safetysensitive function when:
1.
2.
3.
4.
5.
6.

Waiting to be dispatched, unless the driver has been relieved from duty;
Inspecting, servicing or conditioning any commercial motor vehicle;
Driving a commercial motor vehicle;
Attending a vehicle being loaded or unloaded;
Performing the driver requirements of the federal regulations pertaining to accidents
Attending to a disabled vehicle.

Covered employees are required to be in compliance with district policy and regulation:
When performing any onduty safetysensitive functions, including all time from the time a driver
begins to work or is required to be in readiness to work until the time the driver is relieved from
work and all responsibility; and
During all time spent providing a breath sample, saliva sample or urine specimen and travel time
to and from the collection site in order to comply with random, reasonable suspicion,
postaccident, returntoduty or followup testing.

8414.5-R
II.

Prohibitions and Consequences

The Supervisor of Transportation or his/her designee shall prohibit an employee from driving a
school bus or performing other safetysensitive duty if the employee:
1. possesses, consumes or is reasonably believed to possess or have consumed alcohol or a
controlled substance, while on duty;
2. has consumed or is under the influence of alcohol or a controlled substance within six hours
before duty;
3. has an alcohol concentration of 0.02 or higher, or tests positive for controlled substances; or
4. refuses to take a required alcohol or controlled substance test.
Refusal to submit shall mean the failure to provide adequate breath or urine without a valid
medical explanation or to engage in conduct that clearly obstructs the testing process, such
as a failure to arrive for the drug testing or failure to sign the alcohol testing form prior to
specimen collection.
An employee is prohibited from consuming alcohol within eight hours after being involved in an
accident, or before undergoing a postaccident test, if such a test is required. Illegal drug use by
drivers is prohibited on or off duty.
Any employee who tests 0.02 or greater but less than 0.04 will be removed from driving and other
safetysensitive duties until the start of the drivers next regularly scheduled duty period, but not less
than 24 hours following administration of the test.
In the event that an employee has a breath alcohol concentration of 0.04 or greater, has tested
positive for a controlled substance or has refused to take a test, he or she will, in addition to
immediate removal from driving and any other safetyrelated duties, not be returned to duty until he
or she:
Has been evaluated by a substance abuse professional;
Has complied with any treatment recommendations; and
Has received a satisfactory result from a return to duty test.
Upon return to duty, the employee will be subject to followup testing.
III.

Types of Testing

The Superintendent of Schools and the Director of Transportation shall ensure that the following
alcohol and drug tests are implemented and that any employee who is required to take an alcohol or
controlled substance test shall be notified prior to the test that it is required pursuant to federal
regulations or, in the case of preemployment alcohol testing, district policy.
1. Preemployment: Controlled substance and alcohol* tests will be conducted before applicants

8414.5-R
are hired or after an offer to hire, but before actually performing safetysensitive functions for the first
time. These tests will also be given when employees transfer to a safety-sensitive function.
2. Postaccident: Alcohol and controlled substance tests will be conducted if a driver is involved in
an accident in which:
a) there has been a fatality; OR
b) the driver has received a citation for a moving violation in connection with the accident
AND EITHER
There is an injury treated away from the scene of the accident; or
There is a disabled vehicle towed from the scene.
3. Reasonable Suspicion: Alcohol and controlled substance tests will be conducted if the
Transportation Supervisor or other school official who has completed the minimum two hours of
training has a reasonable suspicion that the driver has violated district policy and regulation. A
reasonable suspicion must be based on specific, contemporaneous, articulable observations
concerning the drivers behavior, appearance, speech or body odors that are characteristic of
controlled substance or alcohol misuse. Alcohol tests can only be done just before, during or just
after the employee drives a school bus or performs other safetysensitive duties. The supervisor
who makes the determination of a reasonable suspicion cannot do the testing.
4. Random Testing: Random alcohol tests shall be conducted annually at a minimum rate of 25
percent of the average number of positions subject to such testing pursuant to federal regulation.
Random alcohol tests must be conducted just before, during or just after the employee drives a
bus or performs other safetysensitive duties.
The district has the option whether to require preemployment alcohol testing as part of district
policy. However, preemployment controlled substance testing is mandatory under federal
regulations.
Random controlled substance tests shall be conducted annually at a minimum rate of 50 percent
of the average number of positions subject to such testing pursuant to federal regulation.
Random controlled substance tests may be conducted at any time. Random alcohol and
controlled substance tests must be unannounced and spread reasonably throughout the
calendar year.
5. ReturntoDuty Testing: An employee who refused to take a test or has engaged in prohibited
alcohol and controlled substance use, except for alcohol concentration of between 0.02 and
0.04, shall be required to take an alcohol or controlled substance test and achieve a satisfactory
result before returning to duty in the safetysensitive position. If removal was due to alcohol use,
a satisfactory result will be less than 0.02 alcohol concentration. If removal was due to controlled

8414.5-R
substance use, a satisfactory result will be one that it is verified as negative. The test will not be
administered until the employee has been evaluated by a substance abuse professional and has
complied with any treatment recommendations.
6. FollowUp Testing: After an employee who was found to violate the districts policy against
alcohol and controlled substance use returns to duty, he or she will be subject to at least six
unannounced tests in the first 12 months following the employees return to duty. Followup
testing may be extended for up to 60 months from the date of the employees return to duty.
Followup alcohol testing may only be conducted before, during or after the driver has performed
his or her driving duties.
IV. Testing Procedures
A. Alcohol Testing Procedures
Alcohol testing will be conducted with evidential breath testing (EBT) devices approved by the
National Highway Traffic Safety Administration. An approved nonevidential screening device may
be used to perform screening tests but not for confirmation alcohol tests. The employee and the
Breath Alcohol Technician conducting the test must complete the alcohol testing form to ensure that
the results are properly recorded.
1. Two breath tests are required to determine if a person has a prohibited alcohol concentration.
A screening test is conducted first. Any result less than 0.02 alcohol concentrations are
considered a negative test.
2. If the alcohol concentration is 0.02 or greater, a second or confirmation test must be
conducted. The confirmation test must be conducted using an EBT that prints out the results,
date and time, a sequential test number, and the name and serial number of the EBT to
ensure the reliability of the results.
3. If the confirmation test results indicate an alcohol concentration from 0.02 to 0.03999, the
employee will be restricted from duty for at least 24 hours from the time of the test.
4. If the confirmation test results indicate an alcohol concentration equal to or greater than 0.04,
the employee will be removed from all safetysensitive duties and no return to duty will be
permitted until the employee has successfully passed required returntoduty tests. The
employee must also be reviewed by a Substance Abuse Professional and comply with
his/her recommendations. Followup tests will also be required.
5. For postaccident testing, the results of breath or blood tests conducted by law enforcement
officials will be accepted as long as the testing conforms to federal and state requirements for
alcohol testing and the results are made available to the district.

8414.5-R
All testing procedures will conform to the requirements outlined in federal regulations
(49CFRPart40) for ensuring the accuracy, reliability and confidentiality of test results. These
procedures include training and proficiency requirements for Breath Alcohol Technicians, quality
assurance plans for the EBT devices including calibration, requirements for suitable test location,
and protection of employee test records.
B. Drug Testing Procedures
The employee must provide a urine specimen which will be analyzed at a laboratory certified and
monitored by the U.S. Dept. of Health and Human Services.
1. Regulations require that each urine specimen be divided into one a primary specimen and
one a split specimen.
2. All urine specimens are analyzed for the following drugs:
Marijuana (THC metabolite)
Cocaine
Amphetamines
Opiates (including heroin)
Phencyclidine (PCP)
3. If the primary specimen confirms the presence of one or more of these drugs, the employee
has 72 hours to request that the split specimen be sent to another certified lab for analysis.
[Note: The employee must be removed from driving duties at this timepursuant to federal
regulations; the drivers removal cannot await the result of split sample.]
4. If the screening test has a drugpositive result, a confirmation test will then be performed for
each identified drug using gas chromatography/mass spectrometry (GC/MS) analysis.
5. All drug test results will be reviewed and interpreted by a physician (also called a Medical
Review Officer) before they are reported to the district.
6. If the laboratory reports a positive result to the Medical Review Officer (MRO), the MRO shall
interview the employee to determine if there is an alternative medical explanation for the
drugs found in the employees urine specimen. If the employee provides appropriate
documentation and the MRO determines that it is legitimate medical use of a prohibited drug,
the drug test result is reported as negative.
7. If the MRO reports a positive drug result, the employee must be evaluated by a Substance
Abuse Professional and follow his/her recommendations prior to taking a return toduty test.
Followup testing is also required.
8. For postaccident testing, the results of urine tests conducted by law enforcement officials will
be accepted as long as the testing conforms to federal and state requirements for controlled

8414.5-R
substance testing and the results are made available to the district.
All controlled substance testing shall comply with the requirements of the federal regulations (49
CFR Part 40) including procedures for the proper identification, security and custody of the sample,
use of certified laboratories, gas chromatography/mass spectrometry analysis testing, assurance
that all drug test results are reviewed and interpreted by a physician, and ensuring confidentiality of
employee test records.
V. Training
The Supervisor of Transportation and every other person designated to determine whether
reasonable suspicion exists to require an employee to undergo reasonable suspicion testing must
receive at least one hour of training on alcohol misuse and at least one additional hour of training on
controlled substance use which they will use in making their determinations.
VI. Recordkeeping and Reporting
The Transportation Supervisor shall ensure that alcohol and drug testing records are maintained
and are available, if requested, for submission to the federal government or any State or local
officials with regulatory authority over the employer or any of its drivers.
VII. Required Notification
Every affected employee shall receive information about the signs, symptoms, and effects of
alcohol misuse and controlled substance use as well as a copy of the districts policy and
procedures, the consequences of testing positive and who to contact within the district to seek
further information and/or assistance.
Each covered employee is required to sign a statement certifying that he/she has received this
information. The district shall maintain the original signed certification until the employees
employment is discontinued. The district will provide a copy of the certification to the covered
employee upon request.
VIII. Penalties
Any employer or driver who violates the requirements of the federal regulations of the Omnibus
Transportation Employee Testing Act of 1991 may be subject to civil penalties.
In addition, in accordance with New York State law, a bus driver convicted of driving a school bus
with one or more student passengers while impaired by the use of drugs or alcohol will have his/her
license revoked for one year and is subject to fines ranging from $500 to $5,000 and/or
imprisonment. Any bus driver convicted more than once in ten years for such crimes will have
his/her license revoked for three years and is subject to a fine of $1,000 to $5,000 and/or

8414.5-R
imprisonment.
Adopted: September 11, 2006

8414.5-E

ALCOHOL AND DRUG TESTING PROGRAM


ACKNOWLEDGMENT FORM
I, ____________________, have received a copy, read and understand the Alcohol and Drug
Testing Program policy and regulation. I consent to submit to the alcohol and drug testing program
as required by law and district policy and regulation.
I understand that if I am being required to submit to a pre-employment alcohol test, such test is
required pursuant to district policy for employment with the district and not pursuant to federal
regulations.
I understand that if I violate district policy, regulation or the law, I may be subject to discipline up to
and including termination or I may be required to successfully participate in a substance abuse
evaluation and, if recommended, a substance abuse treatment program. If I am required to and fail
to or refuse to successfully participate in a substance abuse evaluation or recommended substance
abuse treatment program, I understand I may be subject to discipline up to and including
termination.
__________________________________
Signature of Employee
Adopted: September 11, 2006

____________
Date

8422
USE OF PRIVATE VEHICLES ON SCHOOL BUSINESS
The use of private vehicles to conduct school business shall only occur because of the unavailability
of a districtowned vehicle. Persons using their own vehicle shall be compensated for tolls, parking,
and mileage. Compensation rates for mileage reimbursement will be set at the Reorganizational
Meeting.
Adopted: September 11, 2006

8510
STUDENT MEAL CHARGE POLICY
The Board of Education recognizes that, on occasion, students may forget to bring meal money to
school. To ensure that students do not go hungry, but also to promote responsible student behavior
and to minimize the fiscal burden on the district, the following guidelines will be followed with regard
to meal charges.
No more than five meals per student may be charged;
Only regular meals may be charged, that is, only what is on the menu;
No snacks may be charged;
A computergenerated point of sale system shall be used for identifying and recording all charged
meals, as well as for collecting repayments.
This policy applies to all paying students whether they are paying fullprice or reducedprice.
Additionally, the district will send home to the parent/guardian a request for payment of the students
meal plan cost on a weekly basis. A student, who is remiss reimbursing the district monies owed in
the amount over $15.00, may be denied a meal but not before the parent/guardian is notified of the
possibility of the denial of the meal. The weekly letter will serve as notification of potential denial of
a meal as the student approaches the $15.00 limit.
The School District shall send a letter home to all parents on an annual basis, notifying them of the
requirements of this policy (8510E.2).
Ref:

Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.


National School Lunch Act, 42 U.S.C.1715 et seq.
Guidance document, State Education Department, Child Nutrition Program; Establishing a
Meal Charge Policy, August 2005

Adoption Date: October 19, 2009

8510 E.1
Meal Policy
Unpaid Balance Letter
Remsenburg-Speonk UFSD
School Lunch Program
11 Mill Road, P.O. Box 900
Remsenburg, NY 11960
631-325-0203
[Insert Date]
[Insert Student Name]
Grade: [Insert Homeroom]
Account Balance: [Insert Account Balance]
[Insert Parent Name]
[Insert Parent Address]
[Insert Parent Name],
This letter is to inform you that [Name] has a low balance in his/her cafeteria account. The cost of
lunch is $2.50 for full price students and $0.25 for reduce price students. Please send cash or a
check in an envelope clearly marked with your child's name.
You can monitor your child's account via the school website, www.rsufsd.org; the "LunchTime" link
is under the Cafeteria tab on the homepage. Please note an account must be set up for first time
users. Once an account is established you will have the ability to view your child's daily lunch
activity, monitor the daily balance, and make online payments.
If you have any questions, I can be contacted directly at:
[Insert Account Clerk Name]
P.O. Box 900
Remsenburg, NY 11960
631-325-0203, extension 203
Sincerely,
[Insert Account Clerk Name]
Account Clerk
Adoption Date: October 19, 2009

8510 E.2
MEAL POLICY PARENT
NOTIFICATION LETTER
Dear Parents/Guardians,
This notice is being shared to promote an understanding of the importance that the district places on
student nutrition, as well as the privilege to charge for a meal when a unique circumstance applies.
In the rare occasion that a youngster forgets or loses his/her meal money, the RemsenburgSpeonk
Union Free School District has adopted a Meal Charge Policy (see reverse side of this page).
The district has a number of procedures in place for notifying parents/guardians of negative meal
accounts, and parents/guardians can expect to receive written notices, and telephone notices of
outstanding balances. As per policy, student accounts with unpaid balances will put students at risk
of losing the privilege to charge a meal.
The school district also offers a Free and Reduced Meal Program for qualifying families, and also
prepaid meal accounts for families and students who find it easier to prepay for school meals
versus dealing with lunch money:
If your familys income status has impacted your ability to keep your childs meal account
uptodate, please contact the Main Office at 3250203.
For information on prepaid lunches or your childs school lunch account, please contact the
Business Office at 3250203 x203 or visit the schools website at www.rsufsd.org. Visit the
Cafeteria Tab and click on the Lunchtime link.
Please work with us to support your childs nutritional welfare by keeping school lunch accounts
balanced so we can continue to provide nutritional school meals to our students and children.
Adopted: October 19, 2009

8511
STAFF MEAL CHARGE POLICY
The Board of Education is aware that a successful school lunch program is a selffunding school
lunch program. To achieve this success it has become imperative that the Board adopt the policy of
a no charge policy for all staff at the RemsenburgSpeonk UFSD.
When adults receive meals at no charge, federal funds intended to subsidize the meals for children
are in appropriately subsidizing adult meals. Failure to do so is leaving the lunch program vulnerable
to audit findings.
Adults are required to pay for their meals at the time of service or set up a prepaid account.
Accounts can be set up through the cafeteria by paying in cash or check (made out to
RemsenburgSpeonk UFSD) or Visa/Master Card via the schools website, www.rsufsd.org and
clicking on the Cafeteria Tab and then the LunchTime link.
Ref: Child Nutrition Program; ChargesAdult Meals, May2006
Adopted: October 19, 2009

8630
Computer Resources
The Board of Education recognizes that computers are a powerful and valuable education and
research tool and as such are an important part of the instructional program. In addition, the District
depends upon computers as an integral part of administering and managing the schools resources,
including the compilation of data and record keeping for personnel, students, finances, supplies and
materials. This policy outlines the Boards expectations in regard to these different aspects of the
Districts computer resources.
General Provisions
The Superintendent shall be responsible for designating a Technology Director who will oversee the
use of District computer resources. The Technology Director, or designee, will prepare inservice
programs for the training and development of District staff in computer skills, appropriate use of
computers and for the incorporation of computer use in subject areas.
The Superintendent, working in conjunction with the Technology Director, will be responsible for the
purchase and distribution of computer software and hardware throughout the school. They shall
prepare and submit for the Boards approval a comprehensive multiyear technology plan which
shall be revised as necessary to reflect changing technology and/or District needs.
The Superintendent, working with the Technology Director, shall establish regulations governing the
use and security of the Districts computer resources. The security and integrity of the District
computer network and data is a serious concern to the Board and the District will make every
reasonable effort to maintain the security of the system. All users of the Districts computer
resources shall comply with this policy and regulation, as well as the Districts Technology Director.
Failure to comply may result in disciplinary action, as well as suspension and/or revocation of
computer access privileges.
All users of the Districts computer resources must understand that use is a privilege, not a right, and
that use entails responsibility. Users of the Districts computer network must not expect, nor does
the District guarantee, privacy for electronic mail (email) or any use of the Districts computer
network. The District reserves the right to access and view any material stored on District equipment
or any material used in conjunction with the Districts computer network.
Management of Computer Records
The Board recognizes that since District data is managed by computer, it is critical to exercise
appropriate control over computer records, including financial, personnel and student information.
The Superintendent, working with the Technology Director and the Business Manager, shall
establish procedures governing management of computer records. The procedures will address:
passwords,
system administration,
separation of duties,
remote access,
data backup,

8630
record retention, and
disaster recovery plans.
Review and Dissemination
Since computer technology is a rapidly changing area, it is important that this policy be reviewed
periodically by the Board and the Districts external auditor. The regulation governing appropriate
computer use will be distributed annually to staff and students and will be included in both employee
and student handbooks.
Crossref:

4526.1, Computer Network and Internet Use Policy


1120, School District Records
6700, Purchasing
8635, Information Security Breach and Notification

Adopted: February 11, 2008

8630R
Computer Resources Regulation
The following rules and regulations govern the use of the District's computer network system,
employee access to the Internet, and management of computerized records.
I.

Administration

The Superintendent of Schools shall designate a Technology Director to oversee the Districts
computer network.
The Technology Director shall monitor and examine all network activities, as appropriate, to
ensure proper use of the system.
The Technology Director shall develop and implement procedures for data backup and
storage. These procedures will facilitate the disaster recovery plan and will comply with the
requirements for records retention in compliance with the Districts policy on School District
Records (1120)
The Technology Director shall be responsible for disseminating and interpreting District
policy and regulations governing use of the Districts network at the building level with all
network users
The Technology Director shall provide employee training for proper use of the network and
will ensure that staff supervising students using the Districts network provide similar
training to their students, including providing copies of District policy and regulations
(including policy 5131, Computer, Network and Internet Use Policy) governing use of the
Districts network.
The Technology Director shall take reasonable steps to protect the network from viruses or
other software that would compromise the network.
All student and employee agreements to abide by District policy and regulations and parental
consent forms shall be kept on file in the Technology Lab.
Consistent with applicable internal controls, the Superintendent in conjunction with the
school business official and The Technology Director will ensure the proper segregation of
duties in assigning responsibilities for computer resources and data management.
2.

Backup Requirements
Backup of the network data will be accomplished weekly, via removable USB Hard Drive,
using Microsofts Back up Application. After the initial annual full backup is completed, an
incremental back up will be performed for the remainder of the school year. Once data is
successfully backed up, the USB Drive will be disconnected and moved offsite by the
Technology Director. A second drive will then be installed on the primary server in
preparation for the next weeks backup. After the second backup is completed, the original
USB drive will be reinstalled to the server. This operation will continue in this fashion for the
entire school year. At the end of the school year, a full backup will be run, and this will be
archived to DVD for future reference.

8630-R
The Finance System is kept on a separate server maintained by the Business Officer. For
that system, the backup will be performed before and after each payroll run, through the
Finance Application, and saved to the Finance Server. A back up will be performed of the
Administrative Functions of the finance system after completion of the payroll procedures for
any given period, and saved to the local Hard Drive. All three backups will then be forwarded
via File Transfer Protocol (FTP) to a website provided for this purpose, MediaMax.com.
The Finance Data will be reacquired from the website twice yearly, and reinstalled on a
local PC with the appropriate software installed to ensure the completeness and viability of
the data. That computer will be kept off the local network and not be permitted to be accessed
other than by the Business Manager and Technology Coordinator for testing purposes only.
III.

Disaster Recovery
In the event of a major disaster such as flooding, fire or earthquake, the following actions are
to be taken as deemed appropriate
eSchool, the student data management system, is maintained offsite by the provider and is
accessed through the Internet. Any access necessary can be done as soon as internet
access is restored.
IEP Direct, the Special Education Data System, is also maintained off site and accessed
through the internet, and can be acquired as soon as internet access is reacquired.
For local serverdriven resources (primarily teacher and staff files), the data may be
reacquired by obtaining the offsite backup run by the Technology Director on a weekly
basis. This information may be restored to any Microsoft Server 2003 server capable of
holding the same quantity of data.
For finance data, it will be necessary to acquire a computer that has access to the internet
and the appropriate Finance package of software. Once obtained, the data may be reloaded
from the Media Max web site described above and restored to that computer.
Arrangements have been made with the Westhampton Beach BOCES to allow users as
necessary on their computer network, using BOCES Resources, to permit the district to
perform any necessary emergency data drive operations.

IV.

Internet Access

Student Internet access is addressed in policy and regulation 5131, Computer, Network and
Internet Use Policy. District employees and third party users are governed by the following
regulations:
Employees will be issued an email account through the Districts computer network.
Employees are expected to review their email daily.
Employees may access the internet for educationrelated and/or workrelated activities.
Employees shall refrain from using computer resources for personal use.
Employees are advised that they must not have an expectation of privacy in the use of the

8630-R
Districts computers.
Use of computer resources in ways that violate the acceptable use and conduct regulation,
outlined below, will be subject to discipline.
III.

Acceptable Use and Conduct

The following regulations apply to all staff and third party users of the Districts computer system:
Access to the District's computer network is provided solely for educational and/or research
purposes and management of District operations consistent with the District's mission and
goals.
Use of the Districts computer network is a privilege, not a right. Inappropriate use may result
in the suspension or revocation of that privilege.
Each individual in whose name an access account is issued is responsible at all times for its
proper use.
All network users will be issued a login name and password. Passwords must be changed
periodically.
Finance Database users specifically must change passwords at a minimum of every 90 days,
and these passwords must be strong, or consist of nonsequential alpha numerics.
Only those network users with permission from the principal or Technology Director may
access the District's system from offsite (e.g., from home).
All network users are expected to abide by the generally accepted rules of network etiquette.
This includes being polite and using only appropriate language. Abusive language,
vulgarities and swear words are all inappropriate.
Network users identifying a security problem on the District's network must notify appropriate
staff. Any network user identified as a security risk or having a history of violations of District
computer use guidelines may be denied access to the District's network.
IV.

Prohibited Activity and Uses

The following is a list of prohibited activity for all staff and third party users concerning use of the
District's computer network. Any violation of these prohibitions may result in discipline or other
appropriate penalty, including suspension or revocation of a user's access to the network.
Using the network for commercial activity, including advertising.
Infringing on any copyrights or other intellectual property rights, including copying, installing,
receiving, transmitting or making available any copyrighted software on the District computer
network.
Using the network to receive, transmit or make available to others obscene, offensive, or
sexually explicit material.

8630-R
Using the network to receive, transmit or make available to others messages that are racist,
sexist, and abusive or harassing to others.
Use of anothers account or password.
Attempting to read, delete, copy or modify the electronic mail (email) of other system users.
Forging or attempting to forge email messages.
Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy
District equipment or materials, data of another user of the Districts network or of any of the
entities or other networks that are connected to the Internet. This includes, but is not limited
to, creating and/or placing a computer virus on the network.
Using the network to send anonymous messages or files.
Revealing the personal address, telephone number or other personal information of oneself
or another person.
Using the network for sending and/or receiving personal messages.
Intentionally disrupting network traffic or crashing the network and connected systems.
Installing personal software or using personal disks on the Districts computers and/or
network without the permission of the appropriate District official or employee.
Using District computing resources for fraudulent purposes or financial gain.
Stealing data, equipment or intellectual property.
Gaining or seeking to gain unauthorized access to any files, resources, or computer or phone
systems, or vandalize the data of another user.
Wastefully using finite District resources.
Changing or exceeding resource quotas as set by the District without the permission of the
appropriate District official or employee.
Using the network while your access privileges are suspended or revoked.
Using the network in a fashion inconsistent with directions from teachers and other staff and
generally accepted network etiquette.
V.

No Privacy Guarantee

Users of the Districts computer network should not expect, nor does the District guarantee, privacy
for electronic mail (email) or any use of the Districts computer network. The District reserves the
right to access and view any material stored on District equipment or any material used in
conjunction with the Districts computer network.
VI.

Sanctions

All users of the Districts computer network and equipment are required to comply with the Districts
policy and regulations governing the Districts computer network. Failure to comply with the policy or
regulation may result in disciplinary action as well as suspension and/or revocation of computer
access privileges.
Any information pertaining to or implicating illegal activity will be reported to the proper authorities.

8630-R
Transmission of any material in violation of any federal, state and/or local law or regulation is
prohibited. This includes, but is not limited to materials protected by copyright, threatening or
obscene material or material protected by trade secret. Users must respect all intellectual and
property rights and laws.
VII.

District Responsibilities

The District makes no warranties of any kind, either expressed or implied, for the access being
provided. Further, the District assumes no responsibility for the quality, availability, accuracy, nature
or reliability of the service and/or information provided.
Users of the Districts computer network and the Internet use information at their own risk. Each user
is responsible for verifying the integrity and authenticity of the information.
The District will not be responsible for any damages suffered by any user, including, but not limited
to, loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused
by its own negligence or any other errors or omissions. The District also will not be responsible for
unauthorized financial obligations resulting from the use of or access to the Districts computer
network or the Internet.
Further, even though the District may use technical or manual means to regulate access and
information, these methods do not provide a fool proof means of enforcing the provisions of the
District policy and regulation.
Adopted: February 11, 2008

8635
INFORMATION SECURITY BREACH AND NOTIFICATION
Note: Recognizing the rise in identity theft and the need for state residents to be notified of security
breaches which have or may have resulted in the release of personal, private information, the State
enacted the Information Security Breach and Notification Act. This Act, which added a new section
208 to the State Technology Law, requires municipalities and other local agencies, including school
districts and BOCES, to adopt a notification policy consistent with the policies of law. The following
policy and attendant regulations are meant to fulfill those notice requirements.
The Board of Education acknowledges the States concern regarding the rise in identity theft and
the need for prompt notification when security breaches occur. To this end, the Board directs the
Superintendent of Schools, in accordance with appropriate business and technology personnel, to
establish regulations which:
Identify and/or define the types of private information that is to be kept secure. For purposes
of this policy, private information does not include information that can lawfully be made
available to the general public pursuant to federal or state law or regulation;
The Superintendent and staff have determined that any information pertaining to employees
of RemsenburgSpeonk UFSD that would reveal individual Social Security Numbers or
Employee Identification numbers is private information. Any information which pertains to
payroll data or qualification data (such as level of College Degree or Specialized Training) is
also private information. None of this information will be released without the express written
consent of the individual concerned. At no time will information identifying students to other
than parental or guardian custodial individuals be released. The linking of names with
photographs or student identification numbers will be treated as private information.
Includes procedures to identify any breaches of security that result in the release of private
information; and
No information will be released from any agency of the RemsenburgSpeonk UFSD without prior
review and approval by the Superintendent. The intent of this effort is to ensure no information is
accidentally released by any agency of the RemsenburgSpeonk UFSD. Personal data concerning
Payroll is accessed only by three members of the staff, and no one else. The Finance Officer will be
responsible for determining if there has been any unauthorized access to the system by identifying
obvious errors or omissions of previously verifiable individual data. The student data is obtainable
on and off campus by the following individuals: administrators and teachers by class. The
Technology Director will verify that this information has not been breached through discussion with
the server maintainers (CCSI in Hauppauge) and by review previously verifiable data to ensure it
has not been corrupted by unauthorized access.
Include procedures to notify persons affected by the security breach as required by law.
When it has been determined that a breach of information has occurred, the first person to be
notified is the Superintendent. He/she will contact or cause to be contacted the Board of
Education immediately and apprise them of the situation. He/she will then attempt to contact

8635
the employee as soon as possible and will inform them of the breach. Either the Finance
Officer or the Technology Director, or both, will be present at the direction of the
Superintendent, if deemed appropriate.
In the case of student information breached, the Superintendent will telephonically notify the parent
or guardian of the student concerned. The Technology Director will be immediately on hand to
resolve any technical questions which may arise. This contact will be documented via paper trail for
future review and assurance.
NOTE: Although not required by law, it may be appropriate for both the Superintendent and the
Board to be notified when a security breaches occur. If should be noted, however, that good faith
acquisition of personnel information by an officer or employee or agent of the district for the
purposes of the district is not a breach of the security of the system, provided that the private
information is not used or subject to unauthorized disclosure.
Any breach of the districts computerized data which compromises the security, confidentiality, or
integrity of personal information maintained by the district shall be promptly reported to the
Superintendent and the Board of Education.
Ref:

State Technology Law, 208

Adopted: December 11, 2006

8635R
INFORMATION SECURITY BREACH
AND NOTIFICATION REGULATION
Definitions
Private information shall mean personal information (i.e., information such as name, number,
symbol, mark or other identifier which can be used to identify a person) in combination with one or
more of the following data elements, when either the personal information or the data element is
not encrypted or encrypted with an encryption key which has also been acquired:
Social security number
Drivers license number or nondriver identification card number or;
Account number, credit or debit card number, in combination with any required security code,
access code, or password which would permit access to an individuals financial account.
Note: Private information does not include publicly available information that is lawfully made
available to the general public pursuant to state and federal law or regulation.
Breach of the security system shall mean unauthorized acquisition or acquisition without valid
authorization of computerized data which compromises the security, confidentiality, or integrity of
personal information maintained by the district. Good faith acquisition of personal information by an
officer or employee or agent of the district for the purposes of the district is not a breach of the
security of the system, provided that the private information is not used or subject to unauthorized
disclosure. In the RemsenburgSpeonk UFSD, the systems to be concerned with are:
Finance Manager Provides employee payroll information including social security numbers
and employee ID numbers.
eSchool Data Management Systems The school student data base manager. It does not
include data pertaining to individual employees as such to cause a security breach, but does
contain data pertaining to students. This includes student names, ID numbers and photos.
IEP Direct The data base management system used to identify students with special needs. It
includes student names and ID numbers.
NOTE: To successfully implement this policy, it is recommended that districts inventory their
computer programs and electronic files to determine the types of personal, private information that
is maintained or used by the district, and review the safeguards in effect to secure and protect that
information.
Procedure for Identifying Security Breaches
In determining whether information has been acquired, or is reasonably believed to have been
acquired, by an unauthorized person or a person without valid authorization, the district shall
consider:

8635-R
1. indications that the information is in the physical possession and control of an unauthorized
person, such as a lost or stolen computer, or other device containing information;
2. indications that the information has been downloaded or copied;
3. indications that the information was used by an unauthorized person, such as fraudulent
accounts, opened or instances of theft reported; and/or
4. any other factors which the district shall deem appropriate and relevant to such
determination.
Security Breaches Procedures and Methods for Notification
Once it has been determined that a security breach has occurred, the following steps shall be
taken:
1. If the breach involved computerized data owned or licensed by the district, the district shall
notify those New York State residents whose private information was, or is reasonably
believed to have been acquired by a person without a valid authorization. The disclosure to
affected individuals shall be made in the most expedient time possible and without
unreasonable delay, consistent with the legitimate needs of law enforcement or any
measures necessary to determine the scope of the breach and to restore the reasonable
integrity of the system.
The district shall consult with the New York State Office of Cyber Security and Critical Infrastructure
Coordination (CSCIC) to determine the scope of the breach and restoration measures.
2. If the breach involved computer data maintained by the district, the district shall notify the
owner or licensee of the information breach immediately following discovery, if the private
information was or is reasonably believed to have been acquired by a person without valid
authorization.
Note: The notification requirement may be delayed if a law enforcement agency determines that
such notification impedes a criminal investigation. The required notification shall be made after the
law enforcement agency determines that such notification does not compromise the investigation.
The required notice shall include
(a) district contact information,
(b) a description of the categories information that were or are reasonably believed to have
been acquired without authorization and
(c) which specific elements of personal or private information were or are reasonably believed
to have been acquired.
The notice shall be directly provided to the affected individuals by either:
1. Written notice.

8635-R
2. Electronic notice, provided that the person to whom the notice is required has expressly
consented to receiving the notice in electronic form; and that the district keeps a written log
of each such electronic notification. In no case, however, shall the district require a person to
consent to accepting such notice in electronic form as a condition of establishing a business
relationship or engaging in any transaction.
3. Telephone notification, provided that the district keeps a log of each such telephone
notification.
However, if the district can demonstrate to the State Attorney General that:
(a) the cost of providing notice would exceed $250,000.00; or
(b) that the number of persons to be notified exceeds 500,000; or
(c) that the district does not have sufficient contact information, substitute notice may be
provided.
Substitute notice would consist of all the following steps:
1. Email notice when the district has such address for the affected individual;
2. Conspicuous posting on the districts website, if they maintain one; and
3. Notification to major media
Notification of State and Other Agencies
Once notice has been made to affected New York State residents, the district shall notify the State
Attorney General, the Consumer Protection Board, and the State Office of Cyber Security and
Critical Infrastructure Coordination as to the timing, content, and distribution of the notices and
approximate number of affected persons.
If more than 5,000 New York State residents are to be notified at one time, the district shall also
notify consumer reporting agencies as to the timing, content and distribution of the notices and the
approximate number of affected individuals. A list of consumer reporting agencies will be furnished,
upon request, by the Office of the State Attorney General.
Adopted: December 11, 2006

9140.1
STAFF COMPLAINTS AND GRIEVANCES
The Board of Education believes that a more harmonious and cooperative relationship between the
school district and its employees may be established through procedures for the settlement of
certain complaints and grievances in accordance with appropriate due process standards. Thus,
the district shall implement a multi-stage grievance procedure for the prompt and equitable
resolution of grievances pursuant to General Municipal Law Section 682(4), Title IX of the
Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973 which are not
covered by any applicable collective bargaining agreement. Staff members have the right to
present complaints and grievances in accordance with the established procedures free from
coercion, interference, restraint, discrimination or reprisal.
Annual Notification
At the beginning of each school year, the district shall publish a notice of the established grievance
procedures for resolving complaints of discrimination due to sex and/or disability to the
parents/guardians of students, employees, students and the community. The public notice shall:
1. state that the districts education programs are offered without regard to race, color, national
origin, creed or religion, sex, age, marital status, or disability;
2. provide the name, address and telephone number of the person designated to coordinate
activities concerning discrimination due to sex and/or disability; and
3. be included in announcements, bulletins, catalogues, and applications made available by
the district.
Ref:

Title IX, Education Amendments of 1972, 20 USC Chapter 38; 34 CFR Part 106
Rehabilitation Act of 1973, 504; 29 USC 794; 34 CFR Part 104
General Municipal Law, Article 15-c
Civil Service Law, Article 14
Matter of Gatje, 24 EDR 191 (1984)
City of Schenectady, 21 PERB 3022 (1988)
Pearl River UFSD, 11 PERB 3085 (1978)

Adopted: September 11, 2006

9140.1-R
STAFF COMPLAINTS AND GRIEVANCES REGULATION
Definitions
1. Grievance shall mean any alleged violation of Title IX of the Education Amendments of 1972
or Section 504 of the Rehabilitation Act of 1973 or any alleged grievance as that term is
defined in General Municipal Law Section 682(4), unless any such violation or grievance is
covered by an applicable collective bargaining agreement.
2. Grievant shall mean an employee who brings a grievance which affects him/her.
3. Compliance Officer shall mean the employee designated by the Board to coordinate the
district's efforts to comply with and carry out the responsibilities delegated under Title IX and
Section 504.
4. Designee shall mean the employee who is designated to assume the duties of the
Compliance Officer.
The resolution of staff grievances shall be dealt with in the following manner:
Stage I--Compliance Officer
1. Within 30 school days after the events giving rise to the grievance, the grievant shall file a
grievance in writing with the Compliance Officer or designee. The Compliance Officer or
designee shall promptly investigate the grievance. All employees of the school district shall
cooperate in such investigation.
2. Within 15 school days of the receipt of the grievance, the Compliance Officer or designee
shall make a finding in writing as to whether there is merit to the grievance and/or whether
there has been a violation of state or federal law. In the event the Compliance Officer or
designee finds that the grievance has merit or that there has been a violation of law, he/she
shall propose a resolution of the grievance.
3. If the grievant is not satisfied with the finding of the Compliance Officer or designee, or with
the proposed resolution of the grievance, the grievant may, within 15 school days after
he/she has received the report of the Compliance Officer or designee, file a written request
for review by the Superintendent of Schools.
Stage II--Superintendent of Schools
1. The Superintendent may request that the grievant, the Compliance Officer or designee, or
any member of the school district staff present a written statement to him/her setting forth
any information that such person has relative to the grievance and the facts surrounding it.
2. The Superintendent shall notify all parties concerned as to the time and place when an
informal hearing will be held where such parties may appear and present oral and written
statements supplementing their position in the case. Such hearing shall be held within 15
school days of the receipt of the appeal by the Superintendent.
3. Within 15 school days of the hearing, the Superintendent shall render his/her determination

9140.1-R
in writing as to whether there is merit to the grievance and/or whether there has been a
violation of state or federal law. If it is found that the grievance has merit or that there has
been a violation of state or federal law, he/she shall propose a resolution of grievance.
4. If the grievant is not satisfied with the determination of the Superintendent, the grievant may,
within 15 school days after its receipt, file with the Clerk of the Board of Education, a written
request for review by the Board.
Stage III-- Board of Education
1. When a request for review by the Board has been made, the Superintendent shall submit all
written statements and other materials concerning the case to the President of the Board.
2. The Board shall notify all parties concerned of the time and place when a hearing will be
held. Such hearing will be held within 15 school days of the receipt of the request of the
grievant. All parties concerned shall have the right to present further statements and
testimony at such hearing.
3. Within 15 school days of the hearing, the Board shall render its determination in writing as to
whether the grievance has merit and/or whether there has been a violation of state or
federal law. If it is found that the grievance has merit or that there has been a violation of
state or federal law, the Board shall propose a resolution of grievance.
Adopted: September 11, 2006

9160
PERSONNEL RECORDS
Information about staff is required for the daily administration of the school district, for
implementing salary and other personnel policies, for budget and financial planning, for responding
to appropriate inquiries about employees, and for meeting Board of Education, state and federal
educational reporting requirements. To these ends, the Board authorizes the Superintendent of
Schools to ensure that all personnel records are properly maintained and kept current under the
guidelines which follow.
1. Personnel files will be kept in a safe and secure place to ensure the confidentiality of each
present and former employee personnel file. These files will contain applications for
employment; references; and records relative to compensation, payroll deductions,
evaluations and such other matters as may be considered pertinent to the purposes of this
policy as cited above.
2. The Superintendent will be the records manager for personnel files and will have the overall
responsibility for maintaining and preserving the confidentiality of the files. The
Superintendent may, however, designate another official to perform the duties of records
management on the understanding that this official is to be held responsible for granting or
denying access to records on the basis of these guidelines.
3. Except for information required to be disclosed under the Freedom of Information Law, all
personnel records will be considered confidential and not open to public inspection, and
access to files will be limited to school and governmental officials authorized by the
Superintendent to use the files for purposes of this policy as cited above. No other persons
or agencies may have access to information in a staff member's file except when the staff
member has given written consent for the release of specific information to a specific person
or agency, or when such information is subpoenaed or ordered for release by a court of law.
4. Lists of district employees' names and home addresses will be released only to
governmental agencies as required for official reports.
5. All present and former staff members shall have the opportunity to review their personnel
records in the presence of the Superintendent or his/her designee. Such review may take
place at all reasonable times (i.e., during regular school hours) but with the exception that
access will not be granted to references provided to the district on a confidential basis prior
to employment. The right of access includes the right to make written objections to any
information contained in the file. Any written objection must be signed by the staff member
and will become part of the staff
6. No complaint, commendation, suggestion, or evaluation may be placed in the evaluation
section of a file unless it meets the following requirements:
a) the comment is signed by the person making the complaint, commendation, suggestion
or evaluation; and
b) the Superintendent or employee's Principal or other supervisor has notified the employee
that the comment is available in the district office for inspection prior to its placement in
the evaluation section.

The employee may offer a denial or explanation of the complaint, commendation, suggestion or
evaluation, and any such denial or explanation will become a part of the evaluation section. The
Board has the right of access to personnel records of district employees pursuant to the
procedures set out in Part 84 of the Regulations of the Commissioner of Education.
Crossref: 1120, School District Records
Ref: Education Law 3020a 8 NYCRR Part84
Adopted: April 14, 2008

9170
MEALS AND REFRESHMENTS
The Board of Education recognizes that, occasionally, it may be appropriate to provide
refreshments and/or meals at district meetings or events, which are being held for a district or
educational purpose. The Superintendent must approve any expenditure on such refreshments
and/or meals in advance. Meal requests may be approved when:
Officers and/or employees of the district will be prevented from taking time off for food
consumption due to a pressing need to complete the business at hand;
The district is faced with business of an immediate nature and meetings of district
employees are essential at meal time;
The district wishes to recognize the services provided by volunteers or other unsalaried
members of the district (in such cases, however, only the meals of those being recognized
may be reimbursed and the cost of the meals must be reasonable).
Examples of an authorized expenditure would be refreshments and/or meals for staff assigned to
participate in assessment day grading of standardized tests and/or Superintendents Conference
Day.
All expenses must be appropriately documented, including the date, purpose of the meeting and
the group in attendance, and submitted to the districts Business office for the purposes of audit
and possible reimbursement.
Ref:

NY Constitution, Art. VIII, 1(constitutional prohibition against gifts)


Education Law 2118 Ops. St. Compt. 77667; 79522; 8266; 8221382298; 8357; 982

Adopted: February 13, 2006

9260
CONDITIONAL APPOINTMENT & EMERGENCY CONDITIONAL APPOINTMENT
STUDENT SAFETY POLICY
The Board of Education recognizes that there may be instances in which it is necessary, upon
recommendation of the Superintendent of Schools, for the Board to make a conditional
appointment or an emergency conditional appointment of a prospective employee. In addition, the
Board of Education gives the Superintendent of Schools the authority to grant emergency
conditional clearance to prospective employees subject to the Board ratifying such clearance at the
next Board of Education meeting.
To provide for the safety of students who have contact with an employee holding a conditional
appointment, the Board adopts the following policy:
No district employee who holds a conditional or emergency conditional appointment shall be in
contact with students other than to provide the specific instruction or other services for which the
employee was hired, except as deemed appropriate by the Building Principal or his/her designee.
No district employee who holds a conditional or emergency conditional appointment shall teach a
class or provide services to students with his/her classroom or office door closed unless the
Building Principal or his/her designee has provided express prior permission to do otherwise. Such
permission may be appropriate, for example, during music class, band practice or testing
procedures.
In no event shall such employee be left alone with an individual student.
The Building Principal or his/her designee shall provide heightened administrative supervision of
such employees while on school district property during the period of their conditional or
emergency conditional appointment including, for example, unannounced visits to classrooms,
walking the hallways, and/or any other activities the Principal determines to be appropriate.
In addition, the district will ensure that all conditional and emergency conditional appointed
employees become aware of and receive training regarding the prohibition against child abuse in
an educational setting and of their responsibility for reporting any such abuse at the
commencement of their conditional or emergency conditional appointment.
Failure to comply with this policy will result in appropriate disciplinary action.
For purposes of this policy, the terms conditional appointment and emergency conditional
appointment shall refer to any employee holding conditional or emergency conditional
appointment, as defined in Section 1709 of the Education Law.
Ref:

Educational Law 11251133, 1604, 1709, 1804, 1950, 2503, 2554, 3035
NYCRR 100.2 (h h); Part87
Adopted: September 11, 2006

9320
DRUGFREE WORKPLACE
The Board of Education prohibits the illegal, improper or unauthorized manufacture, distribution,
dispensing, possession or use of any controlled substances in the workplace. "Workplace" shall
mean any site on school grounds, at schoolsponsored activities, or any place in which an
employee is working within the scope of his/her employment or duties. "Controlled substances"
shall include all drugs which are banned or controlled under federal or state law, including those for
which a physician's prescription is required, as well as any other chemical substance which is
deliberately ingested to produce psychological or physiological effects, other than accepted foods
or beverages.
The Superintendent of Schools or his/her designee shall implement related regulations which
outline the requirements of the federal DrugFree Workplace Act of 1988.
Ref:

DrugFree Workplace Act (DFWA), 41 U.S.C. 702707


Controlled Substances Act, 21 U.S.C. 812
21 CFR 1300.111300.15
34 CFR Part 85 (U.S. Dept. of Ed. Regulations under the DFWA)
Civil Service Law 75
Education Law 3020a
PatchogueMedford Congress of Teachers v. Board of Education, 70 NY 2d 57 (1987)

Adopted: September 11, 2006

9320R
DRUGFREE WORKPLACE REGULATION
1. The Superintendent of Schools shall certify to any federal agency making a direct grant to
the district that the district will provide a drugfree workplace, in accordance with the
DrugFree Workplace Act of 1988.
2. The Superintendent or his/her designee shall establish a drugfree awareness program to
inform Employees about:
a) the dangers of drug abuse in the workplace;
b) the district's policy of maintaining a drugfree 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.
3. The Superintendent or his/her designee shall publish a statement notifying district
employees that the unlawful manufacture, distribution, dispensation, possession or use of a
controlled substance is prohibited in the workplace (as defined by district policy). The
statement shall specify the actions that will be taken against employees for violations of
such prohibition. Each employee shall receive a copy of this statement and the DrugFree
Workplace Act of 1988.
4. Each employee, as a condition of employment on any direct federal grant, shall: a) abide by
the terms of the statement; and b) notify his/her immediate supervisor, who shall notify the
Superintendent, of any criminal drug statute conviction for a violation occurring in the work
place within five days of such conviction.
5. The Superintendent shall notify the Board of Education of any such conviction(s), and shall
notify the granting agency within 10 days after receiving notice of such conviction(s) from
any source.
6. Within 30 days of such conviction(s), the district shall initiate appropriate disciplinary action
against any employee so convicted in the manner provided for by law, up to and including
dismissal, and/or require his/her satisfactory participation 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. The district shall make a "good faith effort" to continue to maintain a drugfree work place
through implementation of these regulations.
Adopted: September 11, 2006

9700.1
STAFF DEVELOPMENT OF SPECIAL EDUCATION STAFF
The Board of Education recognizes the need for periodic educational training for special education
and support staff, including CSE members, in order to carry out the functions identified in Part
200.2 of the Regulations of the Commissioner of Education. Upon recommendation of the
Superintendent or when the regulations are modified significantly, the board will provide the
relevant in-service training opportunities and ensure that CSE and staff members receive copies of
all new regulations and notices of relevant meetings and conferences.
Adopted: May 14, 1996

9701
RETIREES HEALTH INSURANCE BENEFITS
RESOLVED: that the Remsenburg-Speonk Elementary School District provide a health insurance
plan with core plus medical and psychiatric enhancement, 100% coverage for all enrollees in our
employment, retirees and dependent survivors of retirees. (Currently the Empire Plan)
Also, included for active employees and retirees currently, is payment of excess major medical
insurance premium with $1,000,000. Catastrophic and vision care.
Adopted: December 12, 1988

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