5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5108 TRIBUTE MARKERS
The Board of Education retains authority for establishing honorary names of district facilities and components thereof, as well as for the content, nature, display and placement of commemorative plaques, inscriptions, or tribute markers on district property.
The establishment of an honorary name for a district facility or component or the display of a commemorative tribute marker will be for the purpose of recognizing outstanding service to the district or for substantial financial or material contribution. The establishment of a facility name or a tribute marker will support the district’s educational mission and must be deemed in the best interest of the district.
Eligibility Criteria
A facility may be named (or a tribute marker adopted) to honor or commemorate a person or organization of exemplary character, honor and integrity. Consideration of an honorary name or tribute marker must pose no conflict of interest within the district, nor shall it have any influence over district decision making with respect to educational policy or practice, staffing, fiscal integrity, or other district responsibilities except to support their proper discharge. A facility or component may be named, or a tribute or commemorative marker erected to honor a person or organization for service or support as indicated below:
Service: A former employee or other person (or organization) who has rendered extraordinary service or left a legacy worthy of commemoration to the district.
Support: Someone from whom (or on whose behalf) the district has received substantial financial or material support in exchange for the proposed honor. The support shall be expected to benefit the district in pursuit of its educational mission and culture.
Duration
The name of a facility/component will remain for the life of the facility/component, except in extenuating circumstances. Replacement or major renovation of the named unit may result in retiring the name and replacing it with a new name. In that case, a plaque can be installed to commemorate the outgoing name.
Tributes or commemorative markers will remain in place as long as the object on which they are contained and the context in which they are housed remain in place. The Board of Education will determine, on a case-by-case basis, when it is necessary or appropriate to move or retire them.
Action
Decisions to name a facility/component or to place, move or retire a tribute marker will be by majority action of the Board of Education, based on recommendations from the superintendent.
District Endorsement
Any facility or component name as well as any tribute marker associated with a material donation shall be considered a public expression by the Board of Education on behalf of the district. In adopting such expression, the Board will assure consistency with its policies and with its mission.
Regulations
The superintendent will be responsible for maintaining regulations that establish the process for receiving and reviewing proposals related to this policy. The regulations will also assure that the naming of facilities/components will be consistent with the terms of this policy.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5109 EMPLOYEE PERSONAL IDENTIFYING INFORMATION
Last Updated Date: 05/27/2009
Adoption Date: 5/26/2009
In accordance with Section 203-d of the New York State Labor Law, the District shall restrict the use and access to employee personal identifying information. As enumerated in law, "personal identifying information" shall include social security number, home address or telephone number, personal electronic mail address, Internet identification name or password, parent's surname prior to marriage, or driver's license number.
The District shall not unless otherwise required by law:
a) Publicly post or display an employee's social security number;
b) Visibly print a social security number on any identification badge or card, including any time card;
c) Place a social security number in files with unrestricted access; or
d) Communicate an employee's personal identifying information to the general public.
A social security number shall not be used as an identification number for purposes of any occupational licensing.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5110 BUDGET PLANNING AND DEVELOPMENT
Last Updated Date: 6/12/2013
Adoption Date: 12/12/2007
Budget planning and development for the District will be an integral part of program planning so that the annual operating budget may effectively express and implement programs and activities of the School System. Budget planning will be a year-round process involving participation of District-level administrators, Principals, Directors, Coordinators, teachers, and other personnel. The Board of Education will establish the District's budget goals and guidelines to help direct the administrators, Principals, Directors, Coordinators, teachers, and other personnel as they prepare the annual budget. The process of budget planning and development should allow for community input and contain numerous opportunities for public information and feedback.
The Superintendent will have overall responsibility for budget preparation, including the construction of and adherence to a budget calendar. Program managers will develop and submit budget requests for their particular areas of responsibility after seeking the advice and suggestions of staff members.
Principals will develop and submit budget requests for their particular schools in conjunction with the advice and suggestions of staff members and their own professional judgment. Each school's budget request will be the Principal's recommendation as to the most effective way to use available resources in achieving progress toward the approved educational objectives of the school. Program budgets and school budgets will reflect state and/or federal requirements, special sources of funding, and District objectives and priorities.
The Board will give consideration to budget requests, and will review allocations for appropriateness and for their consistency with the School System's educational priorities.
All budget documents for distribution to the public shall be in plain language and organized in a manner which best promotes public comprehension of the contents. Documents shall be complete and accurate and contain sufficient detail to adequately inform the public regarding such data as estimated revenues, proposed expenditures, transfers to other funds, fund balance information, and changes in such information from the prior year's submitted budget. The budget will be available in electronic downloadable form online or by individual request in addition to hard copies at each of the school buildings and the administration building.
In accordance with Commissioner's Regulations, the budget will be presented in three (3) components which are to be voted upon as one (1) proposition. The law prescribes the types of items to be included in each component and further prescribes that all relevant costs be included in the component.
a) A program component which shall include, but need not be limited to, all program expenditures of the School District, including the salaries and benefits of teachers and any school administrators or supervisors who spend a majority of their time performing teaching duties, and all transportation operating expenses;
b) A capital component which shall include, but need not be limited to, all transportation capital, debt service, and lease expenditures; costs resulting from judgments and tax certiorari proceedings or the payment of awards from court judgments, administrative orders or settled or compromised claims; and all facilities costs of the School District,
including facilities lease expenditures, the annual debt service and total debt for all facilities financed by bonds and notes of the School District, and the costs of construction, acquisition, reconstruction, rehabilitation or improvement of school buildings, provided that such budget shall include a rental, operations and maintenance section that includes base rent costs, total rent costs, operation and maintenance charges, cost per square foot for each facility leased by the District, and any and all expenditures associated with custodial salaries and benefits, service contracts, supplies, utilities, and maintenance and repairs of school facilities; and
c) An administrative component which shall include, but need not be limited to, office and central administrative expenses, traveling expenses and all compensation, including salaries and benefits of all school administration and supervisors, business administrators, superintendent of schools and deputy, assistant, associate, or other superintendents under all existing employment contracts or collective bargaining, any and all expenditures associated with the operation of the Office of the School Board, the Office of the Superintendent of Schools, General Administration, the School Business Office, consulting costs not directly related to direct student services and programs, planning and all other administrative activities.
Additionally, the Board of Education shall append to the proposed budget the following documents:
a) A detailed statement of the total compensation to be paid to the Superintendent of Schools, and any Assistant or Associate Superintendent of Schools in the ensuing school year, including a delineation of the salary, annualized cost of benefits and any in-kind or other form of remuneration;
b) A list of all other school administrators and supervisors, if any, whose annual salary for the coming school year will be at or above that designated in law for such reporting purposes, with the title of their positions and annual salary identified;
c) A School District Report Card, prepared pursuant to Commissioner's Regulations, which includes measures of the academic performance of the School District, on a school by school basis, and measures of the fiscal performance of the District (see subheading School District Report Card); and
d) A Property Tax Report Card prepared in accordance with law and Commissioner's Regulations (see subheading "Property Tax Report Card"); and
e) A Tax Exemption Report prepared in accordance with law (see subheading Tax Exemption Report).
The Board shall attest that unexpended surplus funds (i.e., operating funds in excess of the current school year budget, not including funds properly retained under other sections of law) have been applied in determining the amount of the school tax levy. Surplus funds shall mean any operating funds in excess of four percent (4%).
The proposed budget for the ensuing school year shall be reviewed by the Board of Education and publicly disseminated, in accordance with law, prior to its submission to District voters for approval.
District funds may be expended to inform the public regarding the annual budget and to present the annual budget to District voters; however, such funds shall not be utilized to promote either a favorable or negative opinion of the proposed budget.
School District Report Card
Each year the District shall supply data as required by the State Education Department (SED) and will receive a School District Report Card, sometimes referred to as a New York State Report Card. The Report Cards provide enrollment, demographic, attendance, suspension, dropout, teacher, assessment, accountability, graduation rate, post-graduation plan, career and technical education, and fiscal data for public and charter schools, districts and the State. The Report Cards are generated from the supplied data and are in a format dictated by SED. The School District Report Cards consist of three (3) parts:
a) Accountability and Overview Report - shows District/school profile data, accountability statuses, data on accountability measures such as ELA, Math, and Science scores, and graduation rates.
b) Comprehensive Information Report - shows non-accountability data such as annual Regents examination results and post-graduate plans of students completing high school.
c) Fiscal Accountability Supplement - shows expenditures per pupil and some information about placement and classification of students with disabilities.
School District Report Cards are also available online at the SED website: https://reportcards.nysed.gov/
Property Tax Report Card
Each year, the Board of Education shall prepare a Property Tax Report Card, pursuant to Commissioner's Regulations, and shall make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required by law, making it available for distribution at the Annual Meeting, and otherwise disseminating it as required by the Commissioner.
The Property Tax Report Card shall include:
a) The amount of total spending and total estimated school tax levy that would result from adoption of the proposed budget, and the percentage increase or decrease in total spending and total school tax levy from the School District budget for the preceding school year; and
b) The projected enrollment growth for the school year for which the budget is prepared, and the percentage change in enrollment from the previous year; and
c) The percentage increase in the average of the Consumer Price Indexes from January first of the prior school year to January first of the current school year as defined in Education Law.
d) The projected amount of the adjusted unrestrestricted fund balance that will be retained if the proposed budget is adopted; the projected amount of the adjusted restricted fund balance; the projected amount of the assigned appropriated fund balance; the percentage of the proposed budget that the adjusted unrestricted fund balance represents; the actual adjusted unrestricted fund balance retained in the School District budget for the preceding school year; and the percentage of the School District budget for the preceding school year that the actual adjusted unrestricted fund balance represents and,
e) The District’s school tax levy limit calculation. The District will submit its school tax levy limit calculation to the Office of the State Comptroller, NYSED, and the Office of Taxation and Finance by March 1 annually. If a voter override of the tax levy limit is necessary, the budget vote must be approved by sixty percent (60%) of the District’s qualified voters present and voting.
A copy of the Property Tax Report Card prepared for the Annual District Meeting shall be submitted to the State Education Department in the manner prescribed by the Department by the end of the business day next following approval of the Property Tax Report Card by the Board of Education, but no later than twenty-four (24) days prior to the statewide uniform voting day (i.e., the third Tuesday in May).
The State Education Department shall compile such data for all school districts whose budgets are subject to a vote of the qualified voters, and shall make such compilation available electronically at least ten (10) days prior to the statewide uniform voting day. Links to each school year's Property Tax Report Card can be found at: http://www.p12.nysed.gov/mgtserv/propertytax/
Tax Exemption Report
A Tax Exemption Report shall be annexed to any tentative or preliminary budget and shall become part of the final budget. This report shall be on the form as prescribed by the State Board of Real Property Services and shall show the following:
a) How much of the total assessed value of the final assessment roll(s) used in the budgetary process is exempt from taxation;
b) Every type of exemption granted as identified by statutory authority;
c) The cumulative impact of each type of exemption expressed either as a dollar amount of assessed value or as a percentage of the total assessed value on the roll;
d) The cumulative amount expected to be received from recipients of each type of exemption as payments in lieu of taxes or other payments for municipal services; however, individual recipients are not to be named; and
e) The cumulative impact of all exemptions granted.
Notice of this report shall be included in any notice of the preparation of the budget required by law and shall be posted on any bulletin board maintained by the District for public notices as well as on any website maintained by the District.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5120 SCHOOL DISTRICT BUDGET HEARING
Last Updated Date: 6/12/2013
Adoption Date: 11/10/2009
The Board of Education will hold an Annual Budget Hearing, in accordance with law, so as to inform and present to District residents a detailed written statement regarding the District's estimated expenditures and revenue for the upcoming school year prior to the budget vote which is taken at the Annual District Meeting and Election.
The Budget Hearing will be held not less than seven (7) nor more than fourteen (14) days prior to the Annual District Meeting and Election or Special District Meeting at which the budget vote will occur. The proposed budget will be completed at least seven (7) days prior to the budget hearing at which it is to be presented.
Notice of the date, time and place of the annual budget hearing will be included in the notice of the Annual Meeting and Election and/or Special District Meeting as required by law.
All School District budgets which are submitted for voter approval shall be presented in three (3) components: a program component, an administrative component, and a capital component; and each component will be separately delineated in accordance with law and/or regulation.
The Board of Education will also prepare and append to copies of the proposed budget a School District Report Card, pursuant to the Regulations of the Commissioner of Education, referencing measures of academic and fiscal performance. Additionally, the Board of Education shall also append to copies of the proposed budget a detailed statement of the total compensation to be paid to various administrators as enumerated in law and/or regulation, and a Property Tax Report Card prepared in accordance with law and Commissioner's Regulations.
All budget documents for distribution to the public will be written in plain language and organized in a manner which best promotes public comprehension of the contents. New York School District Report Cards and Property Tax Report Cards are also available online from the State Education Department.
Dissemination of Budget Information
Copies of the proposed annual operating budget for the succeeding year and all required attachments may be obtained by any District resident. Such a request shall be completed at least seven (7) days before the budget hearing at which it is to be presented and copies thereof shall be prepared and made available, upon request and at the School District offices, at any public library or associate library within the District during the period of fourteen (14) days immediately preceding the Annual Meeting and Election or Special District Meeting at which the budget vote will occur and also at such meeting, a hearing. Additionally, the Board will include notice of the availability of copies of the budget at least once during the school year in any District-wide mailing.
Budget Notice
The School District Clerk shall mail a School Budget Notice to all qualified voters of the School District after the date of the Budget Hearing, but no later than six (6) days prior to the Annual Meeting and Election or Special District Meeting at which a school budget vote will occur. The School Budget Notice shall compare the percentage increase or decrease in
total spending under the proposed budget over total spending under the School District budget adopted for the current school year, with the percentage increase or decrease in the Consumer Price Index from January first of the prior school year to January first of the current school year.
The Budget Notice shall include a description of how total spending and the tax levy resulting from the proposed budget would compare with a projected contingency budget, assuming that such contingency budget is adopted on the same day as the vote on the proposed budget. Such comparison shall be in total and by component (i.e., program, capital and administrative), and shall include a statement of the assumptions made in estimating the projected contingency budget. Beginning with the budget notice for the 2012-13 proposed budget, the District will also include in the notice:
a) The school tax levy limit;
b) The proposed school year tax levy (without permissible exclusions to the school tax levy limit);
c) The total permissible exclusions; and
d) The proposed school year tax levy (including permissible exclusions to the school tax levy limit)
The Notice shall also include, in a manner and format prescribed by the Commissioner of Education, a comparison of the tax savings under the basic school tax relief (STAR) exemption and the increase or decrease in school taxes from the prior year, and the resulting net taxpayer savings for a hypothetical home within the District with a full value of one hundred thousand dollars ($100,000) under the existing School District budget as compared with such savings under the proposed budget.
The Notice shall also set forth the date, time and place of the school budget vote in the same manner as in the Notice of the Annual Meeting. The School Budget Notice shall be in a form prescribed by the Commissioner of Education.
Policy References
Notice of Budget Hearing/Availability of Budget Statement: Education Law Sections 1608(2), 1716(2), 2003(1), 2004(1), 2023-a, and 2601-a(2) Election and Budget Vote: Education Law Sections 1804(4), 1906(1), 2002(1), 2017(5), 2017(6), 2022(1), 2023-a, and 2601-a(2) Budget Development and Attachments: Education Law Sections 1608(3), 1608(4), 1608(5), 1608(6), 1608(7), 1716(3), 1716(4), 1716(5), 1716(6), 1716(7), 2022(2-a), 2023-a, and 2601-a(3) 8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(bb), 170.8 and 170.9
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5130 BUDGET ADOPTION
The Board will review the recommended budget of the Superintendent and seek public input and feedback regarding the recommended budget including, but not limited to, holding a public budget hearing not less than seven nor more than 14 days prior to the Annual District Meeting and Election at which the budget vote is to occur. The Board may modify the recommended budget of the Superintendent prior to its submission to District voters. Final authorization of the proposed budget is dependent upon voter approval unless a contingency budget is adopted by the Board.
The District budget for any school year, or any part of the budget, or any proposition(s) involving the expenditure of money for that school year, will not be submitted for a vote of the qualified District voters more than twice.
The District budget, once adopted, becomes the basis for establishing the tax levy on real property within the District. The District will post its final annual budget and any multi-year financial plan adopted by the Board on its website.
Contingency Budget
In the event the original proposed budget is not approved at the Annual District Meeting and Election, the Board may resubmit the original proposed budget or a revised budget for voter approval, or individual propositions may be placed before District voters, at a special meeting held on the third Tuesday of June. If the voters fail to approve the second budget submittal, or budget proposition(s), or if the Board elects not to put the proposed budget to a public vote a second time, the Board must adopt a contingency budget with a tax levy that is no greater than the prior year's levy (i.e., 0% levy growth).
The administrative component of the contingency budget is capped at the lesser of:
Education Law Sections 1608, 1716, 1804, 1906, 1950, 2007, 2022, 2023, 2023-a, and 2601-a
8 NYCRR Section 170.3
NOTE: Refer also to Policy #5110 -- Budget Planning and Development
Adoption Date December 3, 2024
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5140 ADMINISTRATION OF THE BUDGET
The Superintendent, working in conjunction with the administrative staff, is responsible to the Board for the administration of the budget. This includes, but is not limited to:
Unless otherwise provided by law, no claim against the District will be paid unless such claims have been audited and approved by the Board of Education.
Budget Transfers
Within monetary limits as established by the Board, the Superintendent is authorized to transfer funds between and within functional unit appropriations for teachers' salaries and ordinary contingent expenses. Whenever changes are made, they are to be incorporated in the next Board agenda for informational purposes only.
Education Law Sections 1604(35), 1709(20-a), 1711, 1718, 1724, 1950(4)(k), 2508, 2523-2526, and 2554(2-a)
8 NYCRR Sections 170.12(c) and 170.2(l)
Adoption Date: December 3, 2024
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5150 CONTINGENCY BUDGET
Last Updated Date: 7/13/2012
Adoption Date: 6/12/2007
Revisions History: 7/2/2012
The School District budget for any school year or any part of such budget, or any proposition involving the expenditure of money for such school year, shall not be submitted for a vote of the qualified voters of the District more than twice in any school year.
If the original proposed budget is not approved by District voters at the Annual District Meeting and Election, the Board has the option of either resubmitting the original or revised budget for voter approval at a special meeting held at a later date; or the Board may, at that point, adopt a contingency budget. If the Board decides to submit either the original or a revised budget to the voters for a second time, and the voters do not approve the second budget submittal, the Board must adopt a contingency budget and the tax levy cannot exceed the total tax levy of the prior year (0% levy growth).
The administrative component of the contingency budget shall not comprise a greater percentage of the contingency budget exclusive of the capital component than the lesser of:
a) The percentage the administrative component had comprised in the prior year budget exclusive of the capital component; or
b) The percentage the administrative component had comprised in the last proposed defeated budget exclusive of the capital component.
The district will adhere to all other rules related to adoption of a contingency budget as prescribed by law.
Policy References
Education Law Sections 2002, 2023, 2023-a, 2024 and 2601-a
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5210 REVENUES
The School District Treasurer will have custody of all District funds in accordance with the provisions of state law. The Treasurer will be authorized and directed by the Board to invest the balances available in various District funds in accordance with regulations set forth in state law.
Policy References
Education Law Sections 1604(a) and 1723(a)
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5220 DISTRICT INVESTMENTS
Last Updated Date: 02/28/2024
Revisions History: 3/24/2015
Whenever the District has funds (including operating funds, reserve funds and proceeds of obligations) that exceed those necessary to meet current expenses, the Board of Education shall authorize the District Treasurer to invest such funds in accordance with all applicable laws and regulations and in conformity with the guidelines established by this policy.
Objectives
The objectives of this investment policy are four-fold:
a) Investments shall be made in a manner so as to safeguard the funds of the School District.
b) Bank deposits shall be made in a manner so as to safeguard the funds of the School District.
c) Investments shall be sufficiently liquid so as to allow funds to be available as needed to meet the obligations of the School District.
d) Funds shall be invested in such a way as to earn the maximum yield possible given the first three (3) investment objectives.
Authorization
The authority to deposit and invest funds is delegated to the District Treasurer. These functions shall be performed in accordance with the applicable sections of the General Municipal Law and the Local Finance Law of the State of New York.
The District Treasurer may invest funds in the following eligible investments:
1. Deposits in excess of the amount insured by the Federal Deposit Insurance Corporation will be secured in accordance with subdivision 3 of the General Municipal Law Section 10.
2. The District may, in its discretion, authorize the bank designated for the deposit of District funds to arrange for the redeposit of such funds in one (1) or more banking institutions, for the account of the District, through a deposit placement that meets the conditions set forth in General Municipal Law Section 10(2)(a)(ii).
f) Securities purchased pursuant to a Repurchase Agreement whereby one party purchases securities from a second party and the second party agrees to repurchase those same securities on a specific future date at an agreed rate of return (the interest rate).
g) Cooperative municipal investment programs providing there is collateralization as required by law
Implementation
Using the policy as a framework, regulations and procedures shall be developed which reflect:
a) A list of authorized investments;
b) Procedures including a signed agreement to ensure the School District's financial interest in investments;
c) Standards for written agreements consistent with legal requirements;
d) Procedures for the monitoring, control, deposit and retention of investments and collateral which shall be done at least once a month;
e) Standards for security agreements and custodial agreements consistent with legal requirements;
f) Standards for diversification of investments including diversification as to type of investments, and firms and banks with whom the School District transacts business; and
g) Standards for qualification of investment agents which transact business with the School District including, at minimum, the Annual Report of the Trading Partner.
This policy shall be reviewed and re-adopted at least annually or whenever new investment legislation becomes law, as staff capabilities change, or whenever external or internal issues warrant modification.
Policy References
Education Law Sections 1604-a, 1723(a), 2503(1) and 3652 General Municipal Law Sections 10 and 39 Local Finance Law Section 165
Adopted: February 27, 2024
Policy References
Education Law Sections 1604-a, 1723(a), 2503(1) and 3652 General Municipal Law Sections 10 and 39 Local Finance Law Section 165
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5230 ACCEPTANCE OF GIFTS, GRANTS AND BEQUESTS TO THE SCHOOL DISTRICT
Last Updated Date: 12/17/2019
Adoption Date: 6/12/2007
Revisions History: 7/03/2012
Refer also to Policies #5231 -- Gift Giving
#6110 -- Code of Ethics for All District Personnel
The Board may accept gifts, grants and/or bequests of money, real or personal property, as well as other merchandise which, in view of the Board, add to the overall welfare of the School District, provided that such acceptance is in accordance with existing laws and regulations. Donations to the school are fully tax deductible so long as the gift is used exclusively for public purposes in accordance with USC Section 170(c). However, the Board
is not required to accept any gift, grant or bequest and does so at its discretion, basing its judgment on the best interests of the District. Furthermore, the Board will not accept any gift, grant or bequest which constitutes a conflict of interest and/or gives an appearance of impropriety.
At the same time, the Board will safeguard the District, the staff and students from commercial exploitation, from special interest groups, and the like. The Board will not accept any gifts or grants which will place encumbrances on future Boards, or result in unreasonable additional or hidden costs to the District. The Board may, if it deems it necessary, request that gifts of equipment, facilities or any item that requires upkeep and maintenance include funds to carry out such maintenance for the foreseeable life of the donation.
The Board of Education will not formally consider the acceptance of gifts or grants until and unless it receives the offer in writing from the donor/grantor or their attorney/financial advisor. Any such gifts or grants donated to the Board and accepted on behalf of the School District must be by official action and resolution passed by Board majority. The Board would prefer the gift or grant to be a general offer rather than a specific one. Consequently, the Board would suggest that the donor/grantor work first with the school administrators in determining the nature of the gift or grant prior to formal consideration for acceptance by the Board. However, the Board, in its discretion, may direct the Superintendent of Schools to apply such gift or grant for the benefit of a specific school, school program, club or activity. In such cases and at the discretion of the Superintendent, the individual or corporate donor may be named as a sponsor of the activity. The District will develop regulations governing the gifting and sponsorship process.
Gifts and/or grants of money to the District shall be annually accounted for under the trust and agency account in the bank designated by the Board of Education.
All gifts, grants and/or bequests shall become School District property. A letter of appreciation, signed by a District representative, may be sent to a donor/grantor in recognition of his/her contribution to the School District.
Letters will be sent in a timely manner and will acknowledge the possible tax deduction available to donors whose gifts qualify under IRS regulations.
Additionally, all business contacts will be informed that gifts exceeding seventy-five dollars ($75) to District employees will be returned or donated to charity.
Policy References
New York State Constitution Article 8, Section 1 Education Law Sections 1709(12), 1709(12-a), 1718(2) General Municipal Law Section 805-a(1)
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5231 GIFT GIVING
Refer also to Policies #5230 -- Acceptance of Gifts, Grants and Bequests to the School District
#6110 -- Code of Ethics for All District Personnel
The Board, the District, and its employees are prohibited, in accordance with the New York State Constitution, from making gifts/charitable contributions with School District funds.
Additionally, all business contacts will be informed that gifts exceeding seventy-five dollars ($75) to District employees will be returned or donated to charity.
Policy References
New York State Constitution Article 8, Section 1 Education Law Sections 1709(12), 1709(12-a) and 1718(2) General Municipal Law Section 805-a(1)
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5241 PROPERTY TAX EXEMPTIONS
Senior Citizens
Unless specifically exempted by law, real property used exclusively for residential purposes and owned by one (1) or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five (65) years of age or over, shall be exempt from taxation to the extent of percentum of the assessed valuation determined by the Board if the owners meet the criteria established annually by the Board.
The real property tax exemption of real property owned by husband and wife, when one of them is sixty-five (65) years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least sixty-two (62) years of age.
The District may permit a property tax exemption to an otherwise eligible senior citizen even if a child who attends a public school resides at that address, provided that any such resolution shall condition such exemption upon satisfactory proof that the child was not brought into the residence in whole or in substantial part for the purpose of attending a particular school within the District. The Board must adopt a resolution allowing such an exemption following a public hearing on this specific issue.
Real Property Tax Law Section 467
Disabled Citizens
Unless specifically exempted by law, real property used exclusively for residential purposes and owned by one or more persons with disabilities; or owned by a husband, wife or both, or siblings, at least one of whom has a disability; and whose income, as defined pursuant to law, is limited by reason of such disability shall be exempt from taxation to the extent of percentum of the assessed valuation determined by the Board if the owners meet the criteria established annually by the Board. The Board must adopt a resolution allowing such an exemption following a public hearing on this specific issue.
No exemption shall be granted unless the real property is the legal residence of and is occupied in whole or in part by the disabled person; except where the disabled person is absent from the residence while receiving health-related care as an in-patient of a residential health care facility as defined in Public Health Law.
The District may permit a property tax exemption to an otherwise eligible disabled citizen even if a child who attends a public school resides at that address, provided that any such
resolution shall condition such exemption upon satisfactory proof that the child was not brought into the residence in whole or in substantial part for the purpose of attending a particular school within the District. The Board must adopt a resolution allowing such an exemption following a public hearing on this specific issue.
For purposes of this policy, and in accordance with law, a person with a disability is one who has a physical or mental impairment, not due to current use of alcohol or illegal drug use, which substantially limits such person's ability to engage in one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; and who is certified to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits under the federal Social Security Act or is certified to receive Railroad Retirement Disability benefits under the federal Railroad Retirement Act, or has received a certificate from the State Commission for the Blind and Visually Handicapped stating that such person is legally blind.
In accordance with Real Property Tax Law, any exemption provided by this policy shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed; provided however, that no parcel or real property may receive an exemption for the same tax purpose pursuant to both this policy and real property tax exemptions granted pursuant to the Real Property Tax Law for persons 65 years of age or over.
Policy References
Real Property Tax Law Sections 459-c Public Health Law Section 2801
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5250 SALE AND DISPOSAL OF SCHOOL DISTRICT PROPERTY
Sale of School Property
No school property shall be sold without prior approval of the Board of Education. However, the responsibility for such sales may be delegated. The net proceeds from the sale of school property shall be deposited in the General Fund.
Disposal of District Personal Property
Equipment
School District equipment that is obsolete, surplus, or unusable by the District shall be disposed of in such a manner that is advantageous to the District.
The Superintendent will be responsible for selling the equipment in such a way so as to maximize the net proceeds of sale which may include a bona fide public sale preceded by adequate public notice. If it is determined that reasonable attempts to dispose of the equipment have been made and such attempts have not produced an adequate return, the Superintendent or his/her designee may dispose of the equipment in any manner which he/she deems appropriate.
Textbooks
Textbooks may lose their value to the educational program because of changes in the curriculum or they contain outdated material and/or are in poor condition.
If textbooks are no longer useful or usable, the procedures for disposal shall adhere to the following order of preference:
a) Sale of textbooks. If reasonable attempts to dispose of surplus textbooks fail to produce monetary return to the School District; then
b) Donations; or
c) Disposal, or recycle as trash.
Policy References
Education Law Sections 1604(4), 1604(30), 1604(36), 1709(9), 1709(11), 2503, 2511 and 2512 General Municipal Law Sections 51 and 800 et seq.
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5310 BONDING OF EMPLOYEES AND SCHOOL BOARD MEMBERS
In accordance with New York State Education Law and the Commissioner's Regulations, the Board of Education directs that the Treasurer of the Board of Education and the Claims Auditor be bonded prior to assuming their duties. Such bonds shall be in the amounts as determined and approved by the Board of Education.
Other school personnel and members of the Board of Education authorized or required to handle School District revenues may be covered by a blanket undertaking provided by the District in such amounts as approved by the Board of Education based upon the recommendations of the Superintendent or his/her designee.
Policy References
Education Law Sections 1709(20-a), 1720, 2130(5), 2526 and 2527 Public Officers Law Section 11(2) 8 New York Code of Rules and Regulations (NYCRR) Section 170.2(d)
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5320 EXPENDITURES OF SCHOOL DISTRICT FUNDS
Refer also to Policies #5321 -- Credit/Purchasing Cards
#5322 -- Use of the District Cell Phone
#5323 -- Reimbursement for Meals/Refreshments
#6161 -- Conference Attendance and Travel/Expense Reimbursement
The Board of Education authorizes the Purchasing Agent to expend school funds as appropriated by approved operational and capital budgets, and by the adoption of special resolutions. He/she will make expenditures in accordance with applicable law and in a manner that will achieve the maximum benefit from each dollar expended.
All claims shall be properly audited before payment by the Claims Auditor who shall attest to the existence of evidence of indebtedness to support the claim.
Complete records of all expenditures shall be maintained for future analysis and reporting within the time frame required by the Records Disposition Law or regulation.
Policy References
Arts and Cultural Affairs Law Section 57.19 Education Law Sections 1720 and 2523 8 New York Code of Rules and Regulations (NYCRR) Section 185
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5320 CREDIT/PURCHASING CARDS
The District recognizes that credit/purchasing cards are an essential requirement for persons traveling/purchasing supplies or materials in the ordinary course of business. The District also recognizes that credit/purchasing cards must be carefully controlled to prevent the possibility of fraud and abuse. The Superintendent shall be responsible for developing regulations and procedures governing the use and distribution of credit/purchasing cards among District employees.
Policy References
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5322 USE OF THE DISTRICT CELL PHONE
Last Updated Date: 2/26/2016
Adoption Date: 6/12/2007
Revisions History: 7/2/2012
A District-owned cell phone will be issued to a District employee when required for that employee's job duties as determined by the Superintendent or designee. In lieu of providing a District-owned phone, the Superintendent is authorized to establish regulation and procedure for the reimbursement of personal cell phone use.
Employees issued a District-owned cell phone will be required to reimburse the District for personal calls at a rate set by the Superintendent.
Policy References
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5323 REIMBURSEMENT FOR MEALS/REFRESHMENTS
Refer also to Policy #6161 -- Conference Attendance Travel/Expense Reimbursement
Travel Outside of District/Emergency Meetings
School District officials and employees are entitled to reimbursement for necessary expenses incurred in the performance of their official duties. However, it is the position of the New York State Comptroller's Office that meals of public officers and employees generally should not be reimbursed or paid by the municipal entity unless the officer or employee is traveling outside his/her regular work area on official business for an extended period of time, or where events prevent them from taking off during mealtime for food consumption because of a pressing need to complete business. All requests for reimbursement must document who attended the meetings and how the meetings fit these conditions.
Staff/Board Meetings and District Events
However, the Board of Education recognizes that at certain times it may be appropriate to provide meals and/or refreshments at District meetings and/or events which are being held for an educational purpose. Prior approval of the Superintendent/designee must be obtained for food and beverages provided at meetings or activities which will be charged to the District.
Any such expenditures must be appropriately documented with an itemized receipt and information showing the date and purpose of the meeting, food served, who attended the meetings and why the attendees needed food and/or refreshments to conduct School District business. These requirements must be met for meals/refreshments provided by the school lunch fund or local vendors, charged to District credit cards and/or reimbursed to a School District official. All documentation must be submitted to the District's Business Office for the purposes of audit and possible reimbursement.
Policy References
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5340 BORROWING OF FUNDS
Last Updated Date: 8/6/2013
Adoption Date: 6/12/2007
The School District may borrow money only by means of serial bonds, bond anticipation notes, capital notes, tax anticipation notes, revenue anticipation notes and budget notes.
Policy References
Local Finance Law Article 2
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5410 PURCHASING
Last Updated Date: 08/14/2018
Adoption Date: 4/30/2014
Revisions History: 12/09/2008, 11/09/2010, 09/13/2011, 04/09/2013, 04/29/2014
SUBJECT: Purchasing
The District's purchasing activities will be part of the responsibilities of the Business Office, under the general supervision of the Purchasing Agent designated by the Board of Education. The purchasing process should enhance school operations and educational programs through the procurement of goods and services deemed necessary to meet District needs. The District will purchase recycled products when it is to the advantage of the District to do so.
Competitive Bids and Quotations
As required by law, the Superintendent will follow normal bidding procedures in all cases where needed quantities of like items will total the maximum level allowed by law during the fiscal year, (similarly for public works-construction, repair, etc.) and in such other cases that seem to be to the financial advantage of the School District.
The District shall establish guidelines for the procurement of goods and services that are not governed by General Municipal Law and rules shall be developed by the administration for the competitive purchasing of goods and services.
The District may designate certain vendors as "sole source" providers not subject to public bidding laws and maintain a separate file of these providers as stated in the Purchasing Policies and Procedures Manual.
A bid bond may be required if considered advisable by the Superintendent or his/her designee.
No bid for supplies shall be accepted that does not conform to specifications furnished unless specifications are waived by Board action. Contracts shall be awarded to the lowest responsible bidder who meets specifications. However, the Board may choose to reject any bid.
The Superintendent may authorize purchases within the approved budget without bidding if required by emergencies and are legally permitted.
The Superintendent is authorized to enter into cooperative bidding for various needs of the School District.
For all capital projects, and other bids the District may deem appropriate, the Board of Education shall require that each formal bid be accompanied by a certified check of the bidder, or by bid bond executed by the bidder as principal and issued by a surety company approved by the Board of Education, in an amount not less than five (5) percent of the base bid.
Procurement of Goods and Services
The Board of Education recognizes its responsibility to ensure the development of procedures for the procurement of goods and services not required by law to be made pursuant to competitive bidding requirements. These goods and services must be procured in a manner so as to:
These procedures shall contain, at a minimum, provisions which:
Any unintentional failure to fully comply with these provisions shall not be grounds to void action taken or give rise to a cause of action against the District or any District employee.
The Board of Education shall solicit comments concerning the District's policies and procedures from those employees involved in the procurement process. All policies and procedures regarding the procurement of goods and services shall be reviewed annually by the Board.
Alternative Formats for Instructional Materials
Preference in the purchase of instructional materials will be given to vendors who agree to provide materials in a usable alternative format (i.e., any medium or format, other than a traditional print textbook, for presentation of instructional materials that is needed as an accommodation for each student with a disability, including students requiring Section 504 Accommodation Plans, enrolled in the School District). Alternative formats include, but are not limited to, Braille, large print, open and closed captioned, audio, or an electronic file in an approved format as defined in Commissioner's Regulations.
District Plan
The District will ensure that all instructional materials used in the schools of the District are available in a usable alternative format for each student with a disability, including students requiring Section 504 Accommodation Plans, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students.
Environmentally Sensitive Cleaning and Maintenance Products
In accordance with Commissioner’s Regulations, State Finance Law and Education Law, effective with the 2006-2007 school year, the District shall follow guidelines, specifications and sample lists when purchasing cleaning and maintenance products for use in its facilities. Such facilities include any building or facility used for instructional purposes and the surrounding grounds or other sites used for playgrounds, athletics or other instruction.
Environmentally sensitive cleaning and maintenance products are those which minimize adverse impacts on health and the environment. Such products reduce as much as possible exposures of children and school staff to potentially harmful chemicals and substances used in the cleaning and maintenance of school facilities. The District shall identify and procure environmentally sensitive cleaning and maintenance products which are available in the form, function and utility generally used. Coordinated procurement of such products as specified by the Office of General Services (OGS) may be done through central state purchasing contracts to ensure that the District can procure these products on a competitive basis.
The District shall notify their personnel of the availability of such guidelines, specifications and sample product lists.
Standardization
Upon the adoption of a standardization resolution by a vote of at least three-fifths (3/5) of all Board members, purchase contracts for a particular type or kind of equipment, materials or supplies of more than twenty thousand dollars ($20,000) may be awarded by the Board to the lowest responsible bidder or offerer furnishing the required security after advertisement for sealed bids in the manner provided in law. Such resolution must state that, for reasons of efficiency or economy, there is a need for standardization and must contain a full explanation of those reasons. Upon the adoption of a valid standardization resolution, the District may provide in its specifications for a particular make or brand to the exclusion of others.
Best Value
Effective January 27, 2012, General Municipal Law (GML) Section 103 was amended to permit a school district or BOCES to award purchase contracts in excess of twenty thousand dollars ($20,000) on the basis of “best value,” rather than on the basis of the lowest responsible bid. The Board of Education must adopt a resolution at a public meeting authorizing the award of bids based on “best value.” The Board of Education may also approve “best value” bid award recommendations on an individual basis at a scheduled public meeting. A best value award is one that optimizes quality, cost and efficiency, typically applies to complex services and technology contracts and is quantifiable whenever possible.
"Piggybacking" Law - Exception to Competitive Bidding
The District may, in its discretion, purchase certain goods and services (apparatus, materials, equipment and supplies) at costs beyond the above-referenced thresholds through the use of contracts let by the United States or any agency thereof, any state, and any county, political subdivision or district of any state.
This method of procurement is permitted on contracts issued by other governmental entities, provided that the original contract:
Geographic Preference in Procuring Local Agricultural Products
Schools participating in Child Nutrition Programs such as the National School Lunch Program, School Breakfast Program and/or Special Milk Program are encouraged to purchase unprocessed locally grown and locally raised agricultural products. A School District may apply an optional geographic preference in the procurement of such products by defining the local area where this option will be applied. The intent of this preference is to supply wholesome unprocessed agricultural products that are fresh and delivered close to the source.
A geographic preference established for a specific area adds additional points or credits to bids received in response to a solicitation, but does not provide a set-aside for bidders located in a specific area, nor does it preclude a bidder from outside a specified geographic area from competing for and possibly being awarded a specific contract.
Professional Services
The Board of Education delegates to the Superintendent of Schools or his designee the authority to enter into contractual agreements with individuals and companies for professional services in amounts not to exceed $50,000 in a given fiscal year. The Board of Education recognizes “professional services” as legal services, medical services, insurance, and others requiring special skill, training or knowledge derived from experience. The determination to enter into such professional service contracts must be made according to the General Municipal Law standard that the expenditure of funds under the contract constitutes a “prudent and economical use of public moneys.
Construction Contracts
The bidding of all construction contracts, except in an emergency, will be in accordance with the provision of General Municipal Law Sections 103 and 105 and shall be awarded by public vote of the Board of Education. In the case of emergency performance contracts, New York State Energy Law Article 9 will apply. School District administration is authorized to take appropriate steps during emergency conditions to assure the health and safety of building users and the protection of District assets to the extent necessary including the awarding of contracts, provided the Board of Education is advised in a timely manner during and after such emergency.
The Board of Education shall approve all change orders exceeding $50,000 on all construction contracts resulting from the bidding process. Whenever possible, these change orders shall be approved in advance of actual work. Where the interests of the School District so dictate, the Board trustees appointed to the District’s Audit Committee may authorize the administration to proceed with the change order work pending approval by the Board of Education after the fact. The Audit Committee shall, minimally, shall ensure scope is within voter authorization and the estimate costs is reasonable and estimable.
Conflict of Interest
No employee, officer, or agent must participation in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. Such conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
Annual Review
Comments concerning the District's bidding and purchasing policies and procedures will be solicited from those District employees involved in the procurement process from time to time.
The Board of Education will annually review its bidding and purchasing policies and procedures. The School Business Official will be responsible for conducting an annual review of such policies and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
General Municipal Law Articles 5-A,
18 State Finance Law Sections 162 and 163, 163-b
Adopted 6/12/2007
Amended: 12/09/2008, 11/09/2010; 09/13/2011; 04/09/2013; 04/30/2014; 8/14/2018
Policy References
General Municipal Law Articles 5-A, 18 State Finance Law Sections 162 and 163, 163-b
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5411 PROCUREMENT OF GOODS AND SERVICES
Last Updated Date: 04/30/2014
Adoption Date: 4/29/2014
Purchasing Authority
The District's purchasing activities will be part of the responsibilities of the Business Office, under the general supervision of the Purchasing Agent designated by the Board of Education. The Purchasing Agent is authorized to enter into cooperative bidding and cooperative purchasing arrangements to meet the various needs of the District. No contracts for goods and services shall be made by individuals or organizations in the school that involve expenditures without first securing approval for such contract from the Purchasing Agent.
Except as authorized by law, no Board member or employee of the School District shall have an interest in any contract entered into by the School District.
Purchasing Process
The Board of Education recognizes its responsibility to ensure the development of procedures for the procurement of goods and services not required by law to be made pursuant to competitive bidding requirements. These goods and services will be procured in a manner so as to:
a) Assure the prudent and economical use of public moneys in the best interest of the taxpayer;
b) Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and
c) Guard against favoritism, improvidence, extravagance, fraud and corruption.
These procedures shall contain, at a minimum, provisions which:
a) Prescribe a process for determining whether a procurement of goods and services is subject to competitive bidding and if it is not, documenting the basis for such determination;
b) With certain exceptions, provide that alternative proposals or quotations for goods and services shall be secured by use of written request for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law Section 104-b;
c) Set forth when each method of procurement will be utilized;
d) Require adequate documentation of actions taken with each method of procurement;
e) Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons;
f) Set forth any circumstances when, or the types of procurement for which, the solicitation of alternative proposals or quotations will not be in the best interest of the District; and
g) Identify the individual or individuals responsible for purchasing and their respective titles. Such information shall be updated biennially.
Any unintentional failure to fully comply with these provisions shall not be grounds to void action taken or give rise to a cause of action against the District or any District employee.
The District will develop administrative regulations to establish procedures for the procurement of goods and services.
Policy References
Education Law Sections 1604, 1709, 1950, 2503, 2554 and 3602 General Municipal Law Articles 5-A and 18 General Municipal Law Section 119-o
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5412 PROCUREMENT: UNIFORM GRANT GUIDANCE FOR FEDERAL AWARDS
Adoption Date: 11/13/2018
The District will follow all applicable requirements in the Uniform Grant Guidance (2 CFR Part 200) whenever it procures goods or services using federal grant funds awarded through formula and/or discretionary grants, including funds awarded by the United States Department of Education as grants or funds awarded to a pass-through entity, such as the New York State Education Department, for subgrants.
Uniform Grant Guidance Requirements
Under the Uniform Grant Guidance, the District will, among other things:
a) Use its own documented procurement procedures which reflect applicable state, local and tribal laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in the Uniform Grant Guidance.
b) Establish and maintain effective internal controls that provide reasonable assurance that the District is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. Internal controls means a process, implemented by the District, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:
c) Comply with federal statutes, regulations, and the terms and conditions of the federal awards.
d) Evaluate and monitor the District's compliance with statutes, regulations, and the terms and conditions of federal awards.
e) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings.
f) Take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or pass-through entity designates as sensitive or the District considers sensitive consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g) Maintain oversight to ensure contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
h) Maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts.
i) Have procurement procedures in place to avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.
j) Award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to matters such as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
k) Maintain records that sufficiently detail the history of the procurement including, but not limited to:
l) Use time and material contracts, only after a determination that no other contract is suitable and the contract includes a ceiling price that the contractor exceeds at its own risk.
m) Conduct all procurement transactions in a manner providing full and open competition consistent with the standards of the Uniform Grant Guidance.
n) Conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference.
o) Have written procedures for procurement to ensure that all solicitations:
p) Ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition.
q) Use one of the following methods of procurement, which include:
r) Have a written method for conducting technical evaluations of the proposals received and for selecting recipients.
s) Take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
t) Include in all contracts made by the District the applicable provisions contained in Appendix II of the Uniform Grant Guidance -- Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
u) Perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications.
v) Negotiate profit as a separate element of the price for each contract in which there is not price competition and in all cases where an analysis is performed.
w) Comply with the non-procurement debarment and suspension standards which prohibit awarding contracts to parties listed on the government-wide exclusions in the System for Award Management (SAM).
2 CFR §§ 200.61, 200.303, 200.318, 200.319, 200.320, 200.321, 200.323, and 200.326
2 CFR Part 200, App. II
Policy References
Refer also to Policies #5410 -- Purchasing: Competitive Bidding and Offering
#5411 -- Procurement of Goods and Services
#5570 -- Financial Accountability
#5670 -- Records Management
#6110 -- Code of Ethics for Board Members and All
District Personnel
#6161 -- Conference/Travel Expense Reimbursement
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5413 ALTERNATIVE FORMATS FOR INSTRUCTIONAL MATERIALS
Preference in the purchase of instructional materials will be given to vendors who agree to provide materials in a usable alternative format (i.e., any medium or format, other than a traditional print textbook, for presentation of instructional materials that is needed as an accommodation for each student with a disability, including students requiring Section 504 Accommodation Plans, enrolled in the School District). Alternative formats include, but are not limited to, Braille, large print, open and closed captioned, audio, or an electronic file in an approved format as defined in Commissioner's Regulations.
The District has adopted the National Instructional Materials Accessibility Standard (NIMAS) to ensure that curriculum materials are available in a usable alternative format for students with disabilities. The District will be responsible to ensure that each student who requires instructional materials in an alternate format will receive it in a timely manner and in a format that meets NIMAS standards.
The District will establish a plan to ensure that instructional materials in a usable alternative format for each student with a disability (including students requiring Section 504 Accommodation Plans) are based upon the student's educational needs and course selections, and will be available at the same time as such instructional materials are available to non-disabled students.
Such Plan will:
a) Ensure that the District gives a preference in the purchase of instructional materials it has selected for its students to those vendors who agree to provide such instructional materials in alternative formats;
b) Specify when an electronic file is provided, how the format will be accessed by students and/or how the District will convert to an accessible format;
c) Specify the process to be used when ordering materials to identify the needs of students with disabilities residing in the District for alternative format materials;
d) Specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and
e) Include procedures so that when students with disabilities move into the School District during the school year, the process to obtain needed materials in alternative formats for such students is initiated without delay.
Policy References
20 USC Section 1474(e)(3)(B)
8 NYCRR Sections 200.2(b)(10), 200.2(c)(2) and 200.2(i)
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5510 ACCOUNTING OF FUNDS
Last Updated Date: 11/28/2012
Adoption Date: 5/26/2009
Accounting and reporting procedures shall be developed to facilitate analysis and evaluation of the District's financial status and fixed assets. The District will use the Uniform System of Accounts for School Districts.
Books and records of the District shall be maintained in accordance with statutory requirements. Provision shall be made for the adequate storage, security, and disposition of all financial and inventory records.
Online Banking
The Board has entered into a written agreement with designated banks and trust companies for online banking and electronic or wire transfers, which includes the implementation of a security procedure for all transactions. The District Treasurer, with a separate established user name and password, will have the authority to process online banking transactions. Business Office staff or Deputy Treasurer, with a separate established user name and password, will be responsible for online banking transactions in the event the District Treasurer is not available or as a job responsibility delegated to him/her by the District Treasurer. A monthly report of all online banking activity will be reviewed by staff independent of the online banking process and reconciled with the bank statement. Online banking will only take place on secure District computers located inside the Treasurer's or Business Office.
Token/keyfob devices not accessing Board authorized online banking systems will be locked in the Treasurer’s office to prevent unauthorized access. Token/Keyfob devices will not be taken from district offices for use on non-district computers.
Acceptance of Personal Checks
No School District funds shall be used to cash personal checks. Personal checks may be accepted for payment of obligations to the District provided that the amount of the check is no more than the obligation owed to the District.
Electronic Transactions and/or Wire Transfers
Procedures will be implemented specifying who is authorized to initiate, approve, transmit, record, review and reconcile electronic transactions. At least two individuals will be involved in each transaction when the electronic or wire transfer is made to any out-of-District account(s). For intra-district transfers between accounts, only one individual is required to be involved. Authorization and transmitting functions will be segregated and whenever possible the recording function will be delegated to a third individual.
The District will enter into written wire transfer security agreements for District bank accounts which will include established procedures for authenticating wire transfer orders.
All wire transfers must be authorized by the District Treasurer or his/her designee. Dual approval controls will be established for non-routine wire transfer orders.
The Internal Auditor will periodically confirm that wire transfers have appropriate signatures, verification and authorization of proper personnel.
Physical Security
Token/Keyfob devices for accessing Board authorized on-line banking systems will be locked in the Treasury Office safe when not in use to prevent unauthorized access. Token/Keyfob devices will not be taken from district offices for use on non-district computers.
Authorized on-line banking users will access District bank accounts from only District computers designated for on-line banking transactions. On-line banking transactions cannot be performed from non-district computers that are not subject to District security protections.
Policy References
Education Law Section 2116-a General Municipal Law Article 2, Section 5, 5-a, 5-b, 99-b NY UCC Section 4-A-201
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5511 MAINTENANCE OF FUND BALANCE
General Provisions
The Board of Education recognizes that the maintenance of a fund balance is essential to the financial integrity of the District insofar as it helps mitigate current and future risks and assists in ensuring stable tax rates. Consistent with this understanding, the Board adopts the following standards and practices.
Classification of Funds
The District will ensure that funds are classified consistent with Governmental Accounting Standards Board (GASB) Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions. Consequently, fund balance amounts will be categorized as non-spendable, restricted, committed, assigned, or unassigned.
Unassigned Fund Balance
In order to maintain financial stability and protect against cash flow shortfalls, the Board of Education will strive to maintain an unassigned fund balance at 4% of the current year's budgeted expenses. If it is anticipated that such balance will exceed the 4% ceiling prescribed in law, the Board of Education will evaluate current commitments and assignments in order to determine the final distribution of fund balance in any fiscal year. The District will ensure unexpended surplus funds are used to reduce taxpayer liability in conformance with Real Property Tax Law Section 1318.
Fund Balance and Budget Development
The District's ability to maintain its unassigned fund balance at the limit articulated above is contingent upon the development of a reasonable budget. Consequently, the District will develop and adopt budgets that, to the extent possible, reflect the anticipated revenues and expenditures inclusive of the inherent operating risks associated with providing a free and appropriate public education.
Likewise, the District will ensure that appropriate reserve funds are established and utilized, consistent with applicable law and District policy, to ensure the fund balance is sufficient to meet District needs.
Compliance
The District will adhere to the reporting requirements of Article 3 of the General Municipal Law of the State of New York, and the practices set forth in GASB Statement Number 54.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5520 EXTRACLASSROOM ACTIVITIES FUNDS
Last Updated Date: 10/12/2021
An extraclassroom activity fund shall be established for activities conducted by students whose financial support is raised other than by taxation or through charges of the Board. All funds in the extraclassroom activities fund shall be kept according to standards of good financial management as prescribed by regulations of the Commissioner of Education and specifically prescribed in the safeguarding, accounting and auditing of extraclassroom activity funds manual.
All transactions involving extraclassroom funds shall be on a cash basis and no accounts shall remain unpaid at the end of the school year. The building principals, with approval of the Superintendent, shall set up procedures for receipt and payment from the extraclassroom activities fund in their respective buildings in accordance with commissioner regulations.
8 NYCRR Part 172
Policy References
8 New York Code of Rules and Regulations (NYCRR) Part 172
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5530 PETTY CASH FUNDS AND CASH IN SCHOOL BUILDINGS
Petty Cash Funds
A petty cash fund of not more than one hundred dollars ($100) shall be maintained in the District Office, in each school building, and in other departments as needed and Board approved in a secure location. Payments from petty cash funds may be made for materials, supplies or services only when payment is required upon delivery. At the time of reimbursement, an itemized statement of expenditures, together with substantiating receipts, shall be submitted. Petty cash funds shall be authorized by Board resolution at their annual meeting.
Appropriate regulations shall be developed for implementation of this policy.
Cash in School Buildings
Cash, whether District or extraclassroom funds, shall be held in the safe in the Main Office of each District school building. Under no circumstances shall cash be left in classroom areas or desks. The District will not be responsible for funds left unprotected.
All funds, whether District or extraclassroom funds, shall be deposited prior to close of school each week. Only authorized personnel designated by the building administrator shall be allowed in the Main Office safe.
Policy References
Education Law Sections 1604(26), 1709(29) and 2503(1) 8 New York Code of Rules and Regulations (NYCRR) Section 170.4
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5540 PUBLICATION OF DISTRICT'S ANNUAL FINANCIAL STATEMENT
Last Updated Date: 09/11/2008
Adoption Date: 6/12/2007
In compliance with Education Law, as a Central School District, the Board of Education is required to publish a financial statement enumerating those items required pursuant to Commissioner's Regulations.
The law requires that the information be published in one public newspaper which is published in the District.
Policy References
Education Law Sections 1610, 1721, 2117, 2528 and 2577 8 New York Code of Rules and Regulations (NYCRR) Section 170.2
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5550 MAINTENANCE OF FISCAL EFFORT (TITLE I PROGRAMS)
A Local Educational Agency (LEA) may receive its full allocation of Title I funds if the combined fiscal effort per student or the aggregate expenditures of state and local funds with respect to the provision of free public education in the (LEA) for the preceding fiscal year was not less than ninety percent (90%) of the combined fiscal effort per student or the aggregate expenditures for the second preceding fiscal year.
In determining an LEA's compliance with the maintenance of effort requirement, the State Educational Agency (SEA) shall consider the LEA's expenditures from state and local funds for free public education. These include expenditures for administration, instruction, attendance, health services, student transportation services, plant operation and maintenance, fixed charges, and net expenditures to cover deficits for food services and student body activities.
The SEA shall not consider the following expenditures in determining an LEA's compliance with the maintenance of effort requirements:
a) Any expenditures for community services, capital outlay, and debt service;
b) Any expenditures made from funds provided by the federal government for which the LEA is required to account to the federal government directly or through the SEA.
The Board of Education assigns the Assistant Superintendent for Administration the responsibility of reviewing, as part of the budgeting process, combined fiscal effort so that expenditures of state and local funds with respect to the provision of free public education per student and in the aggregate for any fiscal year are not budgeted at less than ninety percent (90%) of the combined fiscal effort per student or the aggregate of expenditures for the preceding fiscal year.
Policy References
Title I of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 34 Code of Federal Regulations (CFR) Part 200
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5560 USE OF FEDERAL AND DISTRICT FUNDS FOR POLITICAL
Last Updated Date: 09/11/2008
Adoption Date: 6/12/2007
Related Policies & Documents: 6430
The Board of Education prohibits the use of federal funds received by the District, other District funds, and other District property for partisan political purposes of any kind. In addition, no District employee may:
a) Use his/her official authority or influence for the purpose of interfering with or affecting the result of any election or nomination for office; or
b) Directly or indirectly coerce, attempt to coerce, command, or advise another District employee to pay, lend or contribute anything of value to a party, committee, organization,
lobbyist, agency or person for partisan political purposes.
This policy refers generally but is not limited to, lobbying activities, publications, or other materials intended for partisan political activities.
The Board of Education assigns the Purchasing Agent the responsibility of monitoring
expenditures of federal funds so that said funds are not used for partisan political purposes by any person or organization involved in the administration of any federally-assisted programs.
Policy References:
Refer also to Policy #6430 -- Employee Activities
Policy References
OMB Circular A-87 Cost Principles for State, Local and
Indian Tribal Governments (revised May 10, 2004)
Compliance Supplement for Single Audit of State and
Local Governments (revised June 27, 2003)
supplementing OMB Circular A133
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5570 FINANCIAL ACCOUNTABILITY
Last Updated Date: 4/10/2013
Adoption Date: 6/12/2007
Revisions History: 4/9/2013
School districts must have internal controls in place to ensure that the goals and objectives of the District are accomplished; laws, regulations, policies, and good business practices are complied with; audit recommendations are considered and implemented; operations are efficient and effective; assets are safeguarded; and accurate, timely and reliable data are maintained.
The Brighton Central School District's governance and control environment will include the following:
a) The District's code of ethics addresses conflict of interest transactions with Board members and employees. Transactions that are less-than-arms's length are prohibited. Less-than-arm's length is a relationship between the District and employees or vendors who are related to District officials or Board members.
b) The Board requires corrective action for issues reported in the CPA's management letter, audit reports, the Single Audit, and consultant reports.
c) The Board has established the required policies and procedures concerning District
d) The Board routinely receives and discusses the necessary fiscal reports including the:
e) The District has a long-term (three to five years) financial plan for capital projects.
f) The District requires attendance at training programs for Board members, business officials, treasurers, claims auditors, and others to ensure they understand their duties and
responsibilities and the data provided to them.
g) The Board has an audit committee to assist in carrying out its fiscal oversight
h) The District's information systems are economical, efficient, current, and up-to-date.
i) All computer files are secured with passwords or other controls, backed up on a regular basis, and stored at an off-site location.
j) The District periodically verifies that its controls are working efficiently.
k) The District requires all staff to take leave time during which time another staff member
performs the duties of the staff on leave. Staff may also schedule transactions and other responsibilities to occur electronically before taking a leave.
Audit Response
Periodically, the District receives audit reports and risk assessments from the External (Independent) Auditor, the Internal Auditor and the Office of the New York State Comptroller. The Board will review all audit recommendations developed by the Superintendent, in consultation with the Audit Committee, and respond appropriately. Audit reports and the accompanying management letters will be made available for public inspection. Notice of the availability of audit reports will be published in the District's official newspaper or one having general circulation in the District. If there is no newspaper, notice must be placed in ten (10) public places within the District. Additionally, final audit reports from the Office of the NYS Comptroller should be posted on the District website, if one is available, for a period of five (5) years.
Policy References
8 New York Code of Rules and Regulations (NYCRR) Section 170.12
General Municipal Law Section 33(2)(e) and 35(1)(2)
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5571 ALLEGATIONS OF FRAUD
Last Updated Date: 6/16/2009
Adoption Date: 6/12/2007
Revisions History: 6/9/2009
Covered Offices and Employees
All Board members and officers, District employees and third-party consultants are required to abide by the District's policies, administrative regulations and procedures in the conduct of their duties. Further, all applicable federal and/or state laws and regulations must be adhered to in the course of District operations and practices. Any individual who has reason to believe that financial improprieties or wrongful conduct is occurring within the School System is to disclose such information according to the reporting procedures established by the District.
Reporting Process
The reporting procedures will follow the chain of command as established within the department or school building or as enumerated in the District's Organizational Chart. The report will be made to the employee's immediate supervisor. In the event that the allegations concern the immediate supervisor, the report shall be made to the next level of supervisory authority. If the chain of supervisory command is not sufficient to ensure impartial, independent investigation, the allegation will be reported as applicable to the Internal Auditor, or the Independent (External) Auditor, or the School Attorney, or the President of the Board of Education.
Investigation and Reporting
Upon receipt of an allegation of financial improprieties/fraud and/or wrongful conduct, the Board or its designated employee(s) will conduct a thorough investigation of the charges. To the extent possible, within legal constraints, all reports will be treated as confidentially and privately as possible. Disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law enforcement officials. Any such disclosure will be provided on a "need to know" basis. Written records of the allegation, and resulting investigation and outcome will be maintained in accordance with law.
If the District has knowledge of, or reason to know of, any occurrence of financial improprieties/fraud and/or wrongful conduct, the District will investigate such conduct promptly and thoroughly even in the absence of a report of suspected wrongful conduct.
Based upon the results of the investigation, if the District determines that a school employee, school official, or school officer has engaged in financial improprieties/fraudulent and/or wrongful actions, appropriate disciplinary measures will be applied. These measures will be in accordance with legal guidelines, District policy and regulation, and any applicable collective bargaining agreement and may include termination of employment. Third parties who are found to have engaged in financial improprieties/fraud and/or wrongful conduct will be subject to appropriate sanctions as warranted and in compliance with law. The application of
such disciplinary measures by the District does not preclude the filing of civil and/or criminal charges as may be warranted. Rather, when school officials receive a complaint or report of alleged financial improprieties/fraud and/or wrongful conduct that may be criminal in nature, law authorities should be immediately notified.
In the event of an unresolved complaint and/or unsatisfactory determination by the investigating officer(s), the employee may appeal the determination by notifying, as applicable, the Internal Auditor, or the Independent (External) Auditor, or the School Attorney, or the President of the Board of Education.
Prohibition of Retaliatory Behavior (Commonly Known as Whistle Blower Protection)
Any employee of the School District who has reasonable cause to believe that the fiscal practices or actions of an employee or officer of the District violates any local, state, federal law or rule and regulation relating to the financial practices of the District, and who in good faith reports such information to an official of the District, or to the Office of the State Comptroller, the Commissioner of Education, or to law enforcement authorities, shall have immunity from any civil liability that may arise from the making of such report. Further, neither the School District, nor employee or officer thereof, shall take, request, or cause a retaliatory action against any such employee who makes such a report.
The Board also prohibits any retaliatory behavior directed against any witnesses and/or any other individuals who participate in the investigation of an allegation of illegal or inappropriate fiscal practices or actions. Follow-up inquiries shall be made to ensure that no reprisals or retaliatory behavior has occurred to those involved in the investigation. Any act of retaliation is prohibited and subject to appropriate disciplinary action by the District.
Knowingly Makes False Accusations
Any individual who knowingly makes false accusations against another individual as to allegations of financial improprieties/fraud may also face appropriate disciplinary action.
Policy References
Education Law Section 3028-d
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5572 AUDIT COMMITTEE
An Audit Committee shall be established by Board resolution. The Audit Committee may consist of:
a) The Board of Education as a whole;
b) A subcommittee of the Board of Education; or
c) An Advisory Committee that may include, or be composed entirely of persons other than Board members if, in the opinion of the Board, such membership is advisable to provide accounting and auditing expertise.
Persons other than Board members who serve on the advisory committee shall be independent and shall not:
1. Be employed by the District;
2. Be an individual who within the last two years provided, or currently provides, services or goods to the District;
3. Be the owner of or have a direct and material interest in a company providing goods or services to the District; or
4. Be a close or immediate family member of an employee, officer, or contractor providing services to the District. A "close family member" is defined as a parent, sibling or nondependent child; an "immediate family member " is a spouse, spouse equivalent, or dependent (whether or not related).
The Audit Committee shall consist of at least three (3) members who should collectively possess knowledge in accounting, auditing, financial reporting, and School District finances. They shall serve without compensation, but shall be reimbursed for any actual and necessary expenditure incurred in relation to attendance at meetings. Employees of the District are prohibited from serving on the Audit Committee. Members of the Audit Committee shall be deemed School District Officers, but shall not be required to be residents of the School District.
The role of the Audit Committee shall be advisory unless the Audit Committee consists of at least a quorum of Board members, and any recommendations it provides to the Board shall not substitute for any required review and acceptance by the Board of Education.
The Audit Committee shall develop and submit to the Board for approval a formal, written charter which includes, but is not limited to, provisions regarding the committee's purpose, mission, duties, responsibilities and membership requirements.
The Audit Committee shall hold regularly scheduled meetings and report to the Board on the activities of the Committee on an as needed basis, but not less than annually. The report will address or include at a minimum:
a) The activities of the Audit Committee;
b) A summary of the minutes of the meeting;
c) Significant findings brought to the attention of the Audit Committee;
d) Any indications of suspected fraud, waste, or abuse;
e) Significant internal control findings; and
f) Activities of the internal audit function.
The responsibilities of the Audit Committee include the following:
a) Provide recommendations regarding the appointment of the External (Independent) Auditor for the District;
b) Meet with the External (Independent) Auditor prior to commencement of the audit;
c) Review and discuss with the External (Independent) Auditor any risk assessment of the District's fiscal operations developed as part of the Auditor's responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable;
d) Receive and review the draft annual audit report and accompanying draft management letter and, working directly with the External (Independent) Auditor, assist the Board of Education in interpreting such documents;
e) Make a recommendation to the Board on accepting the annual audit report; and
f) Review every corrective action plan developed by the School District and assist the Board in its implementation.
Corrective Action Plan
Within ninety days of receipt of the report or management letter, the Superintendent shall prepare a corrective action plan approved by the Board in response to any findings contained in:
a) The annual external audit report or management letter;
b) A final audit report issued by the District's internal auditor;
c) A final report issued by the State Comptroller;
d) A final audit report issued by the State Education Department; or
e) A final audit report issued by the United States or an office, agency or department thereof.
The corrective action plan must be filed with the State Education Department, and if appropriate, must include the expected date(s) of implementation. To the extent practicable, implementation of the corrective action plan should begin no later that the end of the next fiscal year.
Additional responsibilities of the Audit Committee include: assisting in the oversight of the Internal Audit Function including, but not limited to, providing recommendations regarding the appointment of the Internal Auditor; reviewing significant findings and recommendations of the Internal Auditor; monitoring the School District's implementation of such recommendations; and participating in the evaluation of the performance of the Internal Audit Function.
The Audit Committee may conduct an Executive Session pursuant to Public Officers Law Section 105 pertaining to the following matters:
a) To meet with the External (Independent) Auditor prior to commencement of the audit;
b) To review and discuss with the External (Independent) Auditor any risk assessment of the District's fiscal operations developed as part of the Auditor's responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable; and
c) To receive and review the draft annual audit report and accompanying draft management letter and, working directly with the External (Independent) Auditor, assist the Board of Education in interpreting such documents;
Any Board member who is not a member of the Audit Committee may be allowed to attend an Audit Committee meeting, including an executive session, if authorized by a Board resolution. However, if such Board member's attendance results in a meeting of a quorum of the full Board, any action taken by formal vote may constitute official Board action.
Policy References
Education Law Sections 2116-c, and 3811-3813 Public Officers Law Sections 105(b), 105(c) and 105(d) 8 New York Code of Rules and Regulations (NYCRR) Section 170.12(d)
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5573 INTERNAL AUDIT FUNCTION
Refer also to Policy #1339 – Duties of the Internal Auditor
The Internal Audit Function shall include:
a) Development of a risk assessment of District operations including, but not limited to, a review of financial policies, procedures and practices;
b) An annual review and update of such risk assessment;
c) Annual testing and evaluation of one or more of the District's internal controls, taking into account risk, control weaknesses, size, and complexity of operations;
d) Preparation of reports, at least annually or more frequently as the Board may direct, which analyze significant risk assessment findings, recommend changes for strengthening controls and reducing identified risks, and specify timeframes for implementation of such recommendations.
The District is permitted to utilize existing District personnel to fulfill the Internal Audit Function, but such persons shall not have any responsibility for other business operations of the District while performing Internal Audit Functions. The District shall also be permitted to use intermunicipal cooperative agreements, shared services to the extent authorized by Education Law Section 1950 or independent contractors to fulfill the Internal Audit Function as long as the personnel or entities performing this Function comply with any Regulations issued by the Commissioner of Education and meet professional auditing standards for independence between the auditor and the District.
Personnel or entities serving as the Internal Auditor and performing the Internal Audit Function shall report directly to the Board of Education. The Audit Committee shall assist in the oversight of the Internal Audit Function on behalf of the Board.
Policy References
Education Law Sections 1950, 2116-b and 2116-c 8 New York Code of Rules and Regulations (NYCRR)
Section 170.12(d)
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5610 INSURANCE
The objective of the Board of Education is to obtain the best possible insurance at the lowest possible cost.
The Board shall carry insurance to protect the District's real and personal property against loss or damage. This property shall include school buildings, the contents of such buildings, school grounds and vehicles.
The Board may also purchase liability insurance to pay damages assessed against Board members and District employees acting in the discharge of their respective duties, within the scope of their employment and/or under the direction of the Board.
All insurance policies, along with an inventory of the contents of the building, should be kept in a fireproof depository or with the appropriate insurance agent for safekeeping and referral purposes. The Superintendent shall review the District's insurance program annually and make recommendations to the Board if more suitable coverage is required.
Policy References
Education Law Sections 1709(8), 1709(26), 1709(34-b), 2503(10), 2503(10-a), 2503(10-b), 3023, 3028 and 3811 General Municipal Law Sections 6-n and 52 Public Officers Law Section 18
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5620 INVENTORIES
Last Updated Date: 11/12/2010
Adoption Date: 6/12/2007
Revisions History: 11/9/2010
The Superintendent or his/her designee shall be responsible for maintaining a continuous and accurate inventory of equipment owned by the District in accordance with "The Uniform System of Accounts for School Districts."
All supplies and equipment purchased and received by the School District shall be checked in and stored through an established procedure.
Equipment Acquired Under a Federal Government Grant
The School District shall comply with the U.S. Department of Education regulations governing the use, management requirements and disposition of any and all equipment acquired through a federal government grant. These federal Education Department General Administrative Regulations (collectively known or referred to as EDGAR) comprise parts 74 through 99 of Title 34 of the Code of Federal Regulations (CFR).
Equipment Purchased with Extraclassroom Funds
Title to all equipment acquired with extra-classroom activity funds shall reside with the District and be carried as an insurable asset on its list of insurable values. Such equipment shall be tagged as District property, but is available for exclusive use by the extra-classroom activity club acquiring the item.
Policy References
34 Code of Federal Regulations (CFR) 80.32 Uniform System of Accounts for School Districts (Fiscal Section)
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5621 FIXED ASSET INVENTORIES, ACCOUNTING, AND TRACKING
The Superintendent or his/her designee will maintain a continuous and accurate inventory of fixed assets owned by the District in accordance with applicable rules, standards, procedures, and best practices. Fixed assets are, generally, long-term, tangible resources intended to be continuously held or used, and may include land, buildings, improvements, machinery, and equipment.
All fixed assets purchased and received by the District will be checked, logged, and stored through an established procedure.
The School Business Official will account for assets on an annual basis according to applicable rules, standards, procedures, and best practices. These accounts will serve to:
The Board will establish a dollar threshold as a basis for considering which fixed assets are to be depreciated. This threshold will ensure that at least 80% of the value of these assets is reported. threshold will not be greater than $5,000. Standard methods and averaging conventions will be used in assessing, capitalizing, and depreciating fixed assets.
Fixed assets will be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed assets will be recorded at estimated fair value at the time of the gift. A property record will be maintained for each fixed asset and will contain, where possible, the following information:
f) Cost or value;
g) Location and use;
h) Asset type;
i) Condition and estimated useful life;
j) Replacement cost;
k) Current value;
l) Salvage value;
m) Sale price and date and method of disposition; and
n) Responsible official.
All fixed assets will be labeled. Any discrepancies between an inventory and the District's property records should be traced, explained, and documented.
Inventories will be maintained for assets acquired with funds obtained through federal grant programs. A separate inventory will be maintained for each program. Each inventory will record assets in the same manner as the District's fixed asset inventory. Assets will be labeled to specify the source of funds used to purchase the item. All Title I assets will include "Title I" on the label. These inventories will track assets for at least five years from the date of receipt.
When original or replacement assets acquired under a federal grant or subgrant are no longer needed for the original project or for other activities currently or previously supported by a federal agency, the District will dispose of the assets as follows:
School District will comply with the U.S. Department of Education regulations governing the use, management, and disposition of all equipment acquired through a federal government grant.
Title to all equipment acquired with extraclassroom activity funds will reside with the District and be carried as an insurable asset on its list of insurable values. This equipment will be tagged as District property but is available for exclusive use by the extraclassroom activity club acquiring it.
34 CFR Parts 74-99, 200
SED Finance Pamphlet, The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, 2015
Uniform System of Accounts for School Districts (Fiscal Section)
Adoption Date
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5622 ACCOUNTING FOR INFORMATION TECHNOLOGY SUPPLIES AND EQUIPMENT
Last Updated Date: 02/28/2023
Adoption Date: 02/28/2023
Information Technology (IT) assets’ portability and access to a district’s network and/or confidential data poses a distinct risk of loss or misuse. Given this risk, The District’s Director of Technology and Chief Information Officer is responsible for adopting comprehensive written regulations that sets forth guidelines and procedures for establishing and maintaining IT asset inventory.
The District’s Director of Technology and Chief Information Officer shall maintain detailed, up-to-date inventory records for all IT assets and develop regulations on:
Inventory records should include a description of each item including the make, model and serial number; the name of the individual to whom the device is assigned, if applicable; the physical location of the asset; and relevant purchase or lease information including the initial cost, depreciation and acquisition date.
In addition, the District’s Director of Technology and Chief Information Officer is responsible to verify the accuracy of IT asset inventory records through annual physical inventory counts. Devices shall be periodically examined to assess their condition and to verify accurate location information in the inventory records.
To safeguard IT assets from loss, theft or misuse, IT assets shall be in a locked and secured area with environmental controls such as smoke detectors, fire alarms and extinguishers, and protection from water damage.
Fixed Information Technology assets with a minimum value established by the Superintendent of Schools (but not greater than $5,000 as defined in Policy 5621 Fixed Asset Inventories, Accounting, and Tracking) that have a useful life of one (1) year or more and physical characteristics not appreciably affected by use or consumption shall be inventoried and recorded on an annual basis. Such items shall be identified as Trackable IT Assets.
An inventory record for Trackable IT Assets will be maintained for each asset and will contain, where possible, the following information:
Policy References
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5629 PEST MANAGEMENT AND PESTICIDE USAGE
Last Updated Date: 6/20/2011
Adoption Date: 11/9/2010
Revisions History: 6/19/2010
The Board of Education is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.
Structural and landscape pests can pose significant problems for people and property. Weeds and infestations can destroy playing fields and playgrounds and more importantly, cause severe allergic reactions. Pesticides can pose risks to people, property, and the environment. It is therefore the policy of the School District to incorporate Integrated Pest Management (IPM) procedures for control of weeds, structural and landscape pests. The objective of this program is to provide necessary pest control while using the least toxic approach to all pests, weeds and infestations.
Pest/Pesticide Management Plan
The District will manage weeds and pests to:
a) Reduce any potential human health hazard or threat to public safety.
b) Prevent loss or damage to school structures or property.
c) Prevent pests from spreading into the community, or to plant and animal populations beyond the site.
d) Enhance the quality of life for students, staff, and others.
Integrated Pest Management (IPM) Coordinator
An IPM Coordinator will be appointed by the Superintendent of Schools. The Coordinator will be responsible for implementing the IPM policy and plan. The coordinator's responsibilities will include the following:
a) Recording all pest sightings by school staff and students.
b) Recording all pesticide use and utilizing the least toxic approach.
c) Assuring that all of the Department of Environmental Conversation's recommendations on maintenance and sanitation are carried out where feasible.
d) Assuring that pesticide use is done when school is not in session or when the area can be completely secured against access by school staff and students for a standard seventy-two (72) hours, or as required by the pesticide being used.
e) Evaluating the school's progress in the IPM plan.
f) Notifying parents, staff and neighbors of any applications of pesticides forty-eight (48) hours before they occur. The IPM Coordinator will serve as the District's Pesticide Representative.
Pesticide Use on Common Areas
Pesticides will not be used on playgrounds, turf, athletic or playing fields, in effect, all lawn areas of the school. In these common areas where children gather and play, pesticide alternatives will be used whenever possible and effective. The prohibition does not apply to indoor use or the application to building structures.
An exception may be made for emergency applications of pesticide only when approved in advance by the School Board. The Board may consult with the local Health Department on public health related emergency determinations. They may also consult with the Department of Environmental Conservation (DEC) for environmental emergency determinations. Emergency determinations should only be sought for one-time pesticide application in a specific situation, which presents a true emergency. The guidance document from DEC provides clarification on emergency determinations. It can be found at: NY DEC Website
Some types of pesticides and alternatives, those deemed safe in federal regulation, may be allowable on playing fields and playgrounds in certain circumstances. The District will develop regulations governing the use of pesticides and their alternatives on school grounds.
Fertilizer Use
New requirements and restrictions regarding the use of phosphorus fertilizers on school grounds have been developed. Chapter 205 of the Laws of 2010 dictates the requirements which must be adhered to regarding grounds maintenance starting on January 1, 2012.
a) Fertilizer use is prohibited between December 1 and April 1 annually.
b) The use of fertilizers is prohibited within twenty (20) feet of any surface water except:
1. Where a continuous natural vegetation buffer, at least ten (10) feet wide, separates lawn and water.
2. Where a spreader guard, deflector shield or drop spreader is used, then the application may not occur within three feet of any surface water.
c) The use of phosphorus fertilizers are prohibited on lawns or other non-agricultural turf with the following exceptions:
1. The use of phosphorus fertilizers are needed to establish a new lawn; or
2. A soil test shows that phosphorus fertilizers are needed for growth.
d) Fertilizer cannot be used on any impervious surfaces and if such an application occurs, it must be cleaned immediately and legally applied or placed in an appropriate container.
Notification
The District's IPM Coordinator or designated Pesticide Representative will give prior written notice of all pesticide applications to anyone who has asked to receive such notice. The District will also notify parents, students and staff of periodic pesticide applications. The District will maintain a list of those people who wish to receive forty-eight (48) hour notice before pesticide applications and will ensure that a system is developed to deliver such notice in a timely fashion to all affected. The notification system may be by mail or email, and will ensure that a back-up method is available to notify those for whom the regular system is unworkable. The name and contact information for the District Pesticide Representative will be made available to all requesting it.
Sample forms for forty-eight (48) hour prior notification can be obtained at: http://www.emsc.nysed.gov/facplan/documents/PesticideNeighborNotificationGuidelineforSchools_091001.pdf.The
The District must also provide additional written notification to all parents and staff three (3) times per year to inform them of any pesticide applications that have occurred: within ten (10) days of the end of the school year, within two (2) school days of the end of winter recess and within two (2) days of the end of spring recess.
Recordkeeping
Records of pesticide use will be maintained on site for three (3) years. Records will be completed on the day of pesticide use. In addition, pest surveillance records will be maintained to help verify the need for pesticide treatments. Annual reports of any applications must be sent to DEC.
Policy References
6/19/2010
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5630 FACILITIES: INSPECTION, OPERATION AND MAINTENANCE
Last Updated Date: 05/31/2016
Adoption Date: 6/12/2007
Revisions History: 5/26/2009
Operation and Maintenance
The Board, through the Superintendent and his/her staff, has the responsibility of protecting the District's facilities through a systematic maintenance program. The program shall include periodic preventive maintenance activities, long-range maintenance schedules and emergency repair procedures. The District will make reasonable attempts to ensure that all maintenance work will be carried out in the least intrusive manner.
Construction and Remodeling of School Facilities
The District will ensure all capital projects and maintenance comply with the requirements of the New York State Uniform Fire Prevention and Building Code, the Manual of Planning Standards, and the Commissioner's regulations. Relevant documentation regarding all new buildings must be formally submitted to the State Education Department no matter the size or cost. The New York State Education Department Office of Facilities Planning has provided an Instruction Guide on their official website.
Plans and specifications for the erection, enlargement, repair or remodeling of facilities of the District shall be submitted to the Commissioner consistent with applicable law.
Plans and specifications submitted to the Commissioner shall bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications shall also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code.
For remodeling or construction projects, the District will ensure compliance with the requirements of the State Uniform Fire Prevention and Building Code and Commissioner's regulations. The District will also retain the services of an architect or engineer licensed to practice in New York State as required by law or regulation, or as necessary given the scope and cost of the project.
Carbon Monoxide Detection Requirements
All new and existing District buildings that have appliances, devices, or systems that may emit carbon monoxide, and all attached garages, must have a means to detect carbon monoxide. Buildings include school buildings, administrative buildings, bus maintenance facilities, concession stands, and field houses. Carbon monoxide may be produced by fuel-fired heating systems (boilers, HVAC units, and makeup air units), emergency or standby electric generation within a building, fuel-fired kitchen equipment (ranges, ovens, steamers, dishwashers, and makeup air units serving hoods), fuel-fired domestic hot water heaters, laboratory/shop equipment (gas outlets, torches, gas-fired kilns, and stationary or portable engines), maintenance and storage areas with fuel-fired equipment, and in garages.
The District may use a self-contained carbon monoxide alarm, a carbon monoxide detection system, or both. The District will comply with all laws and regulations regarding alarms/detectors, including where they must be located, their power sources, and labeling requirements. The District should develop written standard operating procedures to follow when a carbon monoxide detector is activated.
Inspections
The District is mindful of the health and safety of its students, staff, and visitors and, as such, the District administration will cooperate with officials conducting health, fire, water, asbestos, bus, and boiler inspections. In addition, the administration shall keep the Board of Education informed of the results of such inspections in a timely fashion.
In accordance with the Asbestos Hazard Emergency Response Act (AHERA), the District will inform all employees and building occupants (or their legal guardians) at least once each school year about all asbestos inspections, response actions, post-response action activities, as well as triennial re-inspection activities and surveillance activities that are either planned or in progress.
To help protect staff, students, and visitors from contracting Legionnaires' disease from Legionella bacteria, the District will register any cooling towers it owns with NYSED, providing the information in any form that the Department requires. The District will also adhere to the inspection, annual certification, and maintenance program and planning requirements mandated by NYSED. Further, the District will maintain records regarding all inspection results, corrective action, cleaning and disinfection, tests, and certifications for at least three years. The District will keep a copy of its required maintenance program and plan on the premises where the cooling tower is located.
To help protect staff, students, and visitors from exposure to lead in tap water, the District will strictly adhere to guidelines and regulations set forth by the Environmental Protection Agency and the Safe Water Drinking Act as well as any regulations applicable to schools that may be promulgated by the State of New York or its authoritative agencies.
The Superintendent of Schools is responsible for the development and administration of a comprehensive water testing protocol. The District will maintain records regarding all independent test results and corrective action on any device or source that exceeds the federal or state “action” level applicable to schools.
Comprehensive Public School Building Safety Program (Rescue)
To ensure that all District facilities are properly maintained and preserved and provide suitable educational settings, the Board of Education requires that all occupied school facilities which are owned, operated or leased by the District comply with the provisions of the Comprehensive Public School Building Safety Program, the Uniform Code of Public School Building Inspections, and the Safety Rating and Monitoring as prescribed in Commissioner's regulations. For this reason, the District shall develop a Comprehensive Public School Building Safety Program in accordance with Commissioner's regulations.
The program shall be reevaluated and made current at least annually, and shall include at a minimum, the following:
a) A five (5) year capital facilities plan which will include an appraisal of the following: the educational philosophy of the District, with resulting administrative organization and program requirements; present and projected student enrollments; space use and State-rated student capacity of existing facilities; the allocation of instructional space to meet the current and future education program and service needs, and to serve students with disabilities in settings with nondisabled peers; priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and the provision of additional facilities.
b) A District-wide building inventory, which will include information pertaining to each building including, but not limited to:
1. Type of building, age of building, size of building;
2. Rated capacity, current enrollment;
3. List of energy sources and major systems (lighting, plumbing, electrical, heating); and
4. Summary of triennial Asbestos Inspection reports.
c) A building condition survey shall be conducted for all occupied school buildings once every five (5) years by a team that includes at least one (1) licensed architect or engineer.
d) A District-wide monitoring system which includes:
1. Establishing a Health and Safety Committee;
2. Development of detailed plans and a review process of all inspections;
3. Procedures for a response in writing to all inquiries about building health and safety concerns, a copy of which will be sent to the District's Health and Safety Committee for oversight, and a copy kept on permanent file.
e) Procedures to ensure the safety of the building occupants while a construction/renovation project is taking place. These procedures will include:
1. Notification to parents, staff and the community at least two (2) months in advance of a construction project of ten thousand dollars ($10,000) or more to be conducted in a school building while the building is occupied; provided, however, that in the case of emergency construction projects, such notice shall be provided as far in advance of the start of construction as is practicable;
2. A plan to ensure that all contractors comply with all health and safety issues and regulations, and wear photo ID badges;
Policy References
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5631 HAZARDOUS WASTE AND HANDLING OF TOXIC SUBSTANCES BY EMPLOYEES
The Board of Education recognizes the need to protect human health and the environment from damage resulting from the improper handling of hazardous wastes.
The management of hazardous waste from its point of generation to the ultimate disposal is regulated through specific Federal and State laws.
The Board directs the Superintendent to adopt rules to ensure District implementation of applicable Federal and State laws pertaining to the identification, transportation, treatment, storage, and disposal of hazardous wastes.
Policy References
Environmental Protection Agency 40 Code of Federal Regulations (CFR) Parts 261 and 262 6 New York Code of Rules and Regulations (NYCRR) Part 371
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5631R.1 HAZARDOUS MATERIALS
Hazardous Materials, Storage, Purchase, Disposal
Purchase of Hazardous Materials
All materials (plants, animals, chemicals, solvents, solutions, and cleansers) should be presumed hazardous until they are declared not hazardous.
A material declared not hazardous will be approved for purchase without restriction.
A material declared hazardous will be approved for purchase with appropriate restrictions or will be prohibited.
A qualified science teacher, a qualified art teacher, and a qualified person from buildings and grounds will be appointed to screen materials. They will either prohibit the purchase of specified materials or approve such purchase stating the restrictions which apply.
Information about hazardous materials will be available to all employees through the District's Hazard Communication Plan (HazCom). State and Federal lists of prohibited, restricted and approved materials will be available to all appropriate employees.
Those employees will certify on all purchase orders that the materials ordered are approved for the conditions under which they are ordered. If the materials to be ordered are not on a list, the department head shall submit the materials to one of the persons designated for approval. The individual initiating the purchase must request the Material Safety Data Sheet(OSHA-20 form). The information on this form must be disseminated to all who use the material and the form must be kept on file within the department.
The appropriate employee will state who may use the material (cleaner, teacher, student) and the maximum quantity permitted for purchase.
Storage of Hazardous Materials
Chemicals or hazardous materials should be kept in a central location as per individual department or organization. This will ensure that the proper facilities and requirements for their storage (i.e., ventilation or flammability) will be available in a secure facility.
These materials should be grouped according to chemical compatibility and stored on proper shelving or in approved cabinets.
Quantities of a hazardous material or of any chemical should be limited to an as-needed basis or to be used up within one (1) year. This will prevent excess accumulation and ensure that fresh material is available.
Use of Hazardous Materials
Each department or organization must establish specific guidelines for dispensing, use and disposal of hazardous materials. These guidelines must be posted or otherwise available to people using the materials.
All employees using hazardous materials must be made aware of the hazards of the material, the proper use of these materials, and first aid measures to be taken in the event of accidents and emergencies. This information should be provided by the employee's supervisor as obtained from the "Material Safety Data Sheet."
All hazardous materials which are used will be approved for use subject to the conditions specified concerning:
1) The people who handle the materials.
2) The location and conditions where these materials are used.
3) The quantity to be used.
4) The quantity available from the dispenser.
5) The maximum allowed concentration of solutions.
6) The method of disposal to be used.
7) Other restrictions such as aprons, glasses, masks, ventilation, etc.
Disposal of Hazardous Materials
In order to be responsible in the use of hazardous substances, we must also be concerned with the safe disposal of dangerous, unwanted, or unlabeled materials.
While some materials may be disposed of easily through ordinary means, others require foresight, planning, and a safe method. Each department or organization will maintain a list of proper disposal methods for any hazardous materials it uses.
The disposal of any material denoted as hazardous must be planned before its use and/or purchase. The Director of Buildings and Grounds is to be contacted for removal of these substances for which there is no ordinary means of disposal.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5633 GENDER NEUTRAL SINGLE-OCCUPANCY BATHROOMS
Adoption Date: 04/13/2021
The District is committed to creating and maintaining an inclusive educational and work-environment. The District will ensure that all single-occupancy bathroom facilities are designated as gender neutral for use by no more than one occupant at a time or for family or assisted use.
"Single-occupancy bathroom" means a bathroom intended for use by no more than one occupant at a time or for family or assisted use and which has a door for entry into and egress from the bathroom that may be locked by the occupant to ensure privacy and security.
All gender neutral bathroom facilities will be clearly designated by the posting of signage either on or near the entry door of each facility.
Education Law § 409-m
Public Buildings Law § 145
Adoption Date: April 13, 2021
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5640 SMOKING/TOBACCO USE
Last Updated Date: 09/04/2018
Adoption Date: 6/12/2007
Revisions History: 7/6/2010; 11/28/2012
The use of tobacco products is prohibited on school grounds. Smoking and vaping are prohibited on school grounds and within one hundred (100) feet of the entrances, exits, or outdoor areas of any of the District's schools. In addition, the use of tobacco products, smoking, and vaping are prohibited at any school-sponsored event or activity that occurs off school grounds, including those taking place in another state or country.
For purposes of this policy, the following definitions apply:
a) Tobacco products means one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water, or any other tobacco products.
b) Smoking means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance containing tobacco.
c) Vaping means the use of an electronic cigarette.
d) Electronic cigarette (or e-cigarette) means an electronic device delivering vapor inhaled by an individual user, and includes any refill, cartridge, and any other component of such a device.
e) School grounds means any building, structure, and surrounding outdoor grounds, including entrances or exits, contained within the District's preschool, nursery school, elementary or secondary school's legally defined property boundaries as registered in the County Clerk's Office; as well as any vehicles used to transport children or school personnel.
This policy does not apply to smoking or vaping in a residence, or within the real property boundary lines of residential real property.
Public Notification of Policy
The District will prominently post signs prohibiting smoking and vaping on school grounds in accordance with applicable law. The District will also designate the Superintendent, School Principals, or their designees to tell individuals found smoking or vapinge in a non-smoking area that they are in violation of law and District policy.
The District will communicate this policy to staff, students, parents/guardians, volunteers, visitors, contractors and outside groups through means such as the District's Code of Conduct, student handbooks, newsletters, announcements, facilities use forms/agreements, and/or the prominent display of this policy in appropriate locations.
Prohibition of Tobacco Promotional Items/Tobacco Advertising
Tobacco promotional items (e.g., brand names, logos and other identifiers) are prohibited:
a) On school grounds;
b) In any vehicles used to transport students or school personnel;
c) At school-sponsored events or activities, including those that take place off school grounds, including in another state or another country;
d) In school publications;
e) On clothing, shoes, accessories, gear, and school supplies in accordance with the District Code of Conduct and applicable collective bargaining agreements.
This prohibition of tobacco promotional items will be enforced in accordance with the Code
of Conduct and applicable collective bargaining agreements.
The District will request, whenever possible, tobacco-free editions of periodical publications for school libraries and classroom use.
Policy References:
#7320 -- Alcohol, Tobacco, Drugs, and Other Substances (Students)
#8211 -- Prevention Instruction
#8230 – Comprehensive K-12 School Health and Mental Health Education Program
District Code of Conduct
Amended: 11/28/2017; 09/04/2018
Policy References
20 United States Code (USC) Sections 6081-6084, 7971-7974
Education Law Section 409
Public Health Law §§ 1399-n,1399-0, 1399-p and 1399-aa
8 NYCRR 155.5, 156.3
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5650 ENERGY/WATER CONSERVATION AND RECYCLING OF SOLID WASTE
Energy/Water Conservation
The Board of Education recognizes the importance of energy and water conservation and is committed to the analysis, development, and initiation of conservation measures throughout the District for the purpose of reducing energy consumption, particularly in these times of declining levels of natural energy resources and increasing cost of these resources. The Board will maintain an aggressive and responsible program to reduce consumption of energy by its facilities and to provide education on the conservation of energy.
The District will comply with the Property Maintenance Code of New York State, part of the New York State Uniform Fire Prevention and Building Code. Ventilation requirements only require fresh air, not cool air-conditioning.
Recycling
The Superintendent will develop a program for the source separation and segregation of recyclable or reusable materials in the District. This District-wide recycling plan shall include:
a) A conservation education program to teach students about their social responsibility for preserving our resources, and involvement of all students and personnel in a comprehensive effort to reduce, reuse and recycle waste materials;
b) A concerted effort to purchase recycled items and biodegradable rather than nonbiodegradable products;
c) Separation of waste into appropriate categories for the purpose of recycling, including mercury-added consumer products; and
d) A cooperative effort with community recycling programs.
Policy References
Environmental Conservation Law Sections 27-2101-27-2115 General Municipal Law Section 120-aa 19 New York State Code of Rules and Regulations (NYCRR) Sections 1220-1226
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5651 ZERO WASTE POLICY
Last Updated Date: 5/10/2017
Adoption Date: 5/9/2017
The Board of Education recognizes the importance of zero waste initiatives in the District and is committed to the development and implementation of a zero waste policy and process throughout the District for the purpose of reducing waste, energy, and greenhouse gases. The goal of this policy is to achieve 80% landfill diversion throughout the District. The District will maintain an aggressive and innovative program to reduce waste by its facilities and provide education for staff and students on zero waste best practices.
The Superintendent is tasked with developing regulations that address the following policy objectives:
Encourage waste prevention, recycling, composting, and use of recyclable materials through lease agreements, contractual relationships and purchasing practices with vendors, contractors, businesses, and other government agencies.
Adopt waste prevention, reuse, recycling, landfill diversion, and use of recycled supplies/materials as a District priority.
Serve as a model for the District and the community to influence zero waste practices, recycling and procurement efforts.
Educate students about the environment, the relationship between humans and the planet’s ecosystem, and zero waste best practices in and out of the classroom.
Develop and support a training program for all staff including teachers, administration, custodial staff, and parent volunteers in the facilities.
Incorporate zero waste education and best practices into appropriate curriculum for students in all grade levels.
In order to best support the development, implementation, and evaluation of zero waste policies and practices in the District, the Superintendent shall support and maintain the District Environment Committee that will include parents, teachers, administrators, classified staff, and key community partners who will meet on a regular basis to review the District’s environmental procedures and zero waste practices, suggest recommendations that promote zero waste awareness and education, and report to the Board of Education on its progress towards the achievement of the District’s goal of 80% landfill diversion across all facilities.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5660 MEAL CHARGING AND PROHIBITION AGAINST MEAL SHAMING
Adoption Date: 08/14/2018
SUBJECT: Meal Charging and Prohibition Against Meal Shaming
The District participates in the National School Lunch Program, School Breakfast Program and/or Special Milk Program to receive commodities and
subsidies from the U.S. Department of Agriculture. In return, the District provides free and reduced price meals to elementary and secondary students in its schools and serves meals that meet federal requirements. The Superintendent of Schools will promulgate procedures to ensure compliance with federal program requirements
It is the District's goal to provide students with access to nutritious no- or low-cost meals each school day and to ensure that a student whose parent/guardian has unpaid meal charges is not shamed or treated differently than a student whose parent/guardian does not have unpaid meal charges.
Unpaid meal charges place a large financial burden on the District. The purpose of this policy is to ensure compliance with federal requirements for the USDA Child Nutrition Program and to provide oversight and accountability for the collection of outstanding student meal balances to ensure that the student is not stigmatized, distressed, or embarrassed.
The intent of this policy is to establish procedures to address unpaid meal charges throughout the District in a way that does not stigmatize, distress, or embarrass students. The provisions of this policy pertain to regular priced reimbursable school breakfast, lunch and snack meals only. Charging of items outside of the reimbursable meals (a la carte items, adult meals, etc.) is expressly prohibited.
Access to Meals
a) Free meal benefit eligible students will be allowed to receive a free breakfast at participating school(s) and lunch meal of their choice each day. A la carte items or other similar items must be paid/prepaid.
b) Reduced meal benefit eligible students will be allowed to receive a breakfast of their choice for $.25 and lunch of their choice for $.25 each day. The charge meals offered to students will be reimbursable meals available to all students, unless the student's parent or guardian has specifically provided written permission to the District to withhold a meal. A la carte items or other similar items must be paid/prepaid.
c) Full pay students will pay for meals at the District's published paid meal rate each day. The charge meals offered to students will be reimbursable meals available to all students, unless the student's parent or guardian has specifically provided written permission to the District to withhold a meal. A la carte items or other similar items must be paid/prepaid.
Ongoing Staff Training
a) Staff will be trained annually and throughout the year as needed on the procedures for managing meal charges using the State Education Department (SED) Webinar or the District's training program.
b) Staff training will include ongoing eligibility certification for free or reduced price meals.
Parent Notification
Parents/guardians will be notified that a student's meal card or account balance is less than $5.00 or is exhausted, and when a student account has accrued unpaid meal charges within two days of the charge and then at least every five (5) days thereafter.
Parent Outreach
a) Staff will communicate with parents/guardians with five or more unpaid meal charges to determine eligibility for free or reduced price meals.
b) Staff will make two documented attempts to reach out to parents/guardians to complete a meal application in addition to the application and instructions provided in the school enrollment packet.
c) Staff will contact the parent/guardian to offer assistance with completion of meal application to determine if there are other issues within the household causing the student to have insufficient funds, offering any other assistance that is appropriate.
Minimizing Student Distress
a) Staff will not publicly identify or stigmatize any student in line for a meal or discuss any outstanding meal debt in the presence of any other students.
b) Students with unpaid meal charges will not be required to wear a wristband or handstamp, or to do chores or other work to pay for meals.
c) Staff will not throw away a meal after it has been served because of the student's inability to pay for the meal or because of previous unpaid meal charges.
d) Staff will not take any action directed at a student to collect unpaid meal charges.
e) Faculty or staff will deal directly with parents/guardians regarding unpaid meal charges.
Ongoing Eligibility Certification
a) Staff will conduct direct certification through the New York Student Identification System (NYSSIS) or using SED Roster Upload at least monthly to maximize free eligibility.
b) Staff will provide parents/guardians with free and reduced price application and instructions at the beginning of each school year in the school enrollment packet.
c) If the District uses an electronic meal application, it will provide an explanation of the process in the school enrollment packet and instructions on how to request a paper application at no cost.
d) The District will provide at least two additional free and reduced price applications throughout the school year to families identified as owing meal charges.
e) The District will use its administrative prerogative to complete an application on a student's behalf judiciously, and only after using exhaustive efforts to obtain a completed application from the student's parent/guardian. The District will complete the application using only available information on family size and income that falls within approvable guidelines.
f) The District will coordinate with the foster, homeless, migrant, and runaway coordinators at least monthly to certify eligible students.
Prepaid Accounts
Students/Parents/Guardians may pay for meals in advance via My SchoolBucks or with a check payable to Brighton School Lunch. Further details are available on the District's webpage. Funds should be maintained in accounts to minimize the possibility that a student may be without meal money on any given day. Any remaining funds for a particular student will be carried over to the next school year.
To obtain a refund for a withdrawn or graduating student, a written or e-mailed request for a refund of any money remaining in the student's account must be submitted. Unless otherwise requested, any remaining funds on account for students who are graduating at the end of the year will be transferred to a sibling's account.
Unclaimed funds must be requested within one school year. Unclaimed funds will then become the property of the District Food Service Program.
Adopted: 8/14/2018
Policy References
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5661 WELLNESS
Last Updated Date: 7/12/2016
Adoption Date: 6/12/2007
Revisions History: 7/12/2016
The District is committed to providing a school environment that promotes and protects children's health and well-being and the ability to learn by fostering healthy eating and physical activity.
The District has established a Wellness Committee to develop the District's proposed local Wellness Policy, making such policy recommendations for review and adoption by the Board of Education. The District's Wellness Committee includes, but is not limited to, representatives from each of the following groups: parents, students, District administrators, physical education teachers, food service representatives, school health professionals, Board of Education members and community members.
The District Wellness Committee will also be responsible for assessing current activities, programs and policies available in the District, and providing mechanisms for implementation, evaluation, and revision of the policy. In so doing, the Wellness Committee will evaluate and make recommendations which reflect the specific needs of the District and its students.
Goals to Promote Student Wellness
The District seeks to ensure all of its students obtain the knowledge and skills necessary to make nutritious food selections and enjoy life-long physical activity. To this end, the District sets forth the following goals relating to nutrition promotion and education, physical activity, and other school-based activities.
Nutrition Promotion and Education
a)Classroom Teaching: Nutrition topics will be integrated within the comprehensive health education curriculum and other instructional areas, as appropriate. Nutrition instruction will follow applicable New York State Standards and be designed to help students acquire:
b)Education, marketing, and promotion
c)Additional provisions
Physical Activity
b)The District will ensure that the following standards are met to achieve its goals relative to physical education and physical activity:
(a) Program goals and objectives;
(b) The way in which students are to be scheduled for physical education, and the length of time provided for physical education daily, weekly, monthly, or yearly;
(c) Program activities offered at each grade level or each year of instruction; and
(d) Assessment activities for determining the students' performance toward the goals and objectives of the program.
(a) All physical education classes are taught or supervised by a certified physical education teacher.
(b) All physical education staff receive professional development on a yearly basis.
(c) Students are afforded the opportunity to participate in moderate to vigorous activity for at least 60% of physical education class.
(d) It provides adequate space and equipment for physical education and conforms to all applicable safety standards.
(e) A sequential physical education course of study consistent with New York State standards for physical education is implemented, with a focus on students' development of motor skills, movement forms, and health related fitness.
(f) A physical and social environment is provided that encourages safe and enjoyable activity for all students, including those who are not athletically gifted.
(g) Activities are adapted to meet the needs of students who are temporarily or permanently unable to participate in the regular program of physical education. In doing so, the District will abide by specific provisions in 504 Plans and/or individualized education programs (IEP).
(h) All students will be encouraged to participate in physical fitness programs and competitions.
c)All classroom teachers are strongly encouraged to incorporate into the school day short breaks for students that include physical activity, especially after long periods of inactivity. Additionally, all elementary students will be offered one daily period of recess for a minimum of twenty (20) minutes. This requirement will not apply on days where students arrive late, leave early, or are otherwise on campus for less than a full day. Where weather and/or facilities allow, recess will be offered in a place that accommodates moderate to vigorous physical activity.
d)Physical activity will not be withheld for disciplinary action unless the student is a danger to him/herself or others. Recess or other physical activity time will not be cancelled for instructional make up time.
Other School-Based Activities
The District is committed to establishing a school environment that is conducive to healthy eating and physical activity for all. The District will, therefore, adopt the following standards:
a)Federal School Meal Programs
b)Access to School Nutrition Programs
The District will utilize a system of student payment that ensures all eligible students have access to free/reduced meals in a non-stigmatizing manner.
c)Meal Environment
The District will ensure:
d)Community Access to District Facilities for Physical Activities
School grounds and facilities will be available to students, staff, community members and organizations, and agencies offering physical activity and nutrition programs consistent with District policy, including provisions regarding conduct on school grounds and administrative approval of use by outside organizations.
e)Community Partnerships
The District will continue to develop and enhance relationships with community partners in support of this wellness policy's implementation. Existing and new community partnerships will be evaluated to ensure they are consistent with this policy and its goals.
Nutrition Guidelines
In an effort to encourage healthy life-long eating habits the District will generally comply with nutrition standards set by the federal government. However, the District will continue to support school-sponsored events that promote cultural diversity, has a curricular component, and is celebratory in nature. Such events may deviate from federal standards, where appropriate.
School Meals
School meals will, at a minimum, meet the program requirements and nutrition standards of the School Breakfast and National School Lunch Programs.
Fundraising
a)All food and beverages sold as a fundraiser during the school day will meet the nutritional requirements listed in the USDA Healthy, Hunger-Free Kids Act 'Smart Snacks in Schools' Rule.
b)School-sponsored fundraisers conducted outside of the school day will be encouraged to support the goals of this policy.
c)All fundraisers taking place during the school day must be approved by the appropriate Building Principal/Administrator prior to their being conducted and shall be consistent with the goals of this policy.
Competitive Foods
a)Competitive foods-which include all foods and beverages sold outside the school meal programs, on the school campus in student accessible areas, and at any time during the school day-will follow, at a minimum, the nutrition standards specified by the Healthy, Hunger-Free Kids Act. These standards will apply to all foods and beverages sold individually and outside of the reimbursable school meal, including vending machines, school stores and cafeteria a la carte lines.
b)Additionally, the District will not sell foods of minimal nutritional value in the student store, from a machine, or anywhere in the building from the beginning of the school day until the end of the last lunch period. Prohibited foods include: soda water, water ices (excluding ices containing fruit or fruit juices), chewing gum, hard candy, jellies, gums, marshmallow candies, licorice, fondants (soft mints, candy corn), cotton candy and candy coated popcorn.
Implementation and Evaluation of the Wellness Policy
a) The District will establish an implementation and evaluation plan for this policy in order to monitor its effectiveness and the possible need for modification over time. To this end, the District designates the following individuals to have operational responsibility for ensuring that the District meets the goals and mandates of this policy:
b)These designated staff members will also serve as liaisons with community agencies in providing outside resources to help in the development of nutritional education programs and promotion of physical activities.
c)The District will annually report on the progress each of its schools has made toward meeting the goals of this policy. Such report will include:
Such report will be provided to the Board of Education and also distributed to the Wellness Committee, parent-teacher organizations, Building Principals, and school health services personnel within the District. The report will be available to community residents upon request.
d)Evaluation and feedback from interested parties, including an assessment of student, parent, teacher, and administration satisfaction with the wellness policy, are welcomed as an essential part of the District's evaluation program.
e)The District will document the financial impact, if any, to the school food service program, school stores, and vending machine revenues based on the implementation of the wellness policy.
f)Assessments of the District's wellness policy and implementation efforts will be repeated on a triennial basis. The assessment will include:
Policy References
42 USC Section 1758b
7 CFR Section 210.11
79 FR 10693
Education Law Section 915
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5662 HOME-PREPARED FOOD ITEMS
The Board of Education recognizes the seriousness of diseases that may be transmitted through food which has not been prepared thoroughly or which has been prepared or handled in an unsanitary environment. Non-commercially prepared food items, including food prepared in homes, may not be sold at school fundraisers or other school-sponsored events. Non-commercially prepared food items or food that has been prepared in homes may not be served to students for any reason, including special occasions.
All classroom food projects, except for a school sponsored home and career instructional program, must receive prior approval from the Building Principal.
Concession Operations
District concession operations are covered under the Monroe County Department of Health. A minimum of one (1) person, who has attended the Monroe County Department of Health approved food worker training course and successfully completed the course exam, must be supervising concession operations at all times. At no time shall any home-prepared food items be brought into the concession stand.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5670 RECORDS MANAGEMENT
Last Updated Date: 01/05/2021
Adoption Date: 6/12/2007
Revisions History: 12/11/2008, 12/09/2008, 1/23/2018
Records Management Program
The District's records management program is an ongoing, coordinated, administrative effort to systematically manage its records from initial creation to final disposition. This program may include procedures and details regarding how to: legally dispose of obsolete records; identify, administer, and ensure access to records of enduring value; file and index information; use technology to create, manipulate, or store information; store and manage inactive records that are no longer needed for the District's day-to-day business; store and retain records on microform, electronically, or otherwise; oversee the creation and use of forms, correspondence, and other records; work with third parties to protect, preserve, or store records; and protect vital records.
Designation of Records Management Officer (RMO)
The Superintendent will initially designate a District employee to be the RMO. The Board will approve and appoint the RMO. If the RMO position becomes vacant, the District will designate a new RMO within 60 days. Within one month of any designation, the Board will notify the Commissioner of Education of the RMO's name, title, or position in the District, and contact information.
Records Management Officer Duties
The RMO will develop, coordinate, and promote, the District's records management program, in consultation and cooperation with other District officials. The RMO's duties include, but are not limited to:
The District will retain records and dispose of them in accordance with the Retention and Disposition Schedule for New York Local Government Records (LGS-1) or as otherwise approved by the Commissioner of Education. If any law specifically provides a retention period longer than that established by this schedule, the retention period established by the law will govern.
Records not listed on this schedule will not be disposed of without the Commissioner of Education's approval. Further, records whose retention periods have not expired that have been damaged by natural or manmade disaster, to the extent that the information contained in them is substantially destroyed or obliterated, or constitute a human health or safety risk, also require the Commissioner of Education's prior approval before disposition.
Replacing Original Records with Microforms or Electronic Images
The District will follow the Commissioner's regulations for replacing original records with microforms or electronic images. This includes ensuring that when a microform will replace an original record, the microform meets established resolution and density standards to ensure that the film and copies made from it will be clear and legible and that the film will be viable in the long-term.
Retention and Preservation of Electronic Records
Record Storage
The District will secure the Commissioner of Education's approval before entering into a contractual agreement to store its records in facilities that it does not own or maintain.
Policy References Arts and Cultural Affairs Law Article 57-a
8 NYCRR Part 185
Policy References
Arts and Cultural Affairs Law Article 57-a
8 NYCRR Part 185
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5671 DATA SYSTEM AND INFORMATION INTEGRITY
Last Updated Date: 11/28/2023
The Data Privacy Officer (DPO) and Director of Technology Services will select from the National Institute of Standards and Technology (NIST) SP800-53 control set, controls and procedures to implement these controls, in order to promote and protect the integrity of information held by Brighton Central School District (BCSD). The NIST Framework is guidance based on existing standards, recommendations, and practices for organizations to better manage and reduce cybersecurity risk. In addition to helping organizations manage and reduce risks, it was designed to foster risk and cybersecurity management communications amongst both internal and external organizational stakeholders.
BCSD is dependent upon having accurate, available and trustworthy information to both perform our mission and to rely upon to make decisions. Malicious code, corrupted data, network compromises, or flawed software and server patches all interfere with our operations. This policy seeks to promote the adoption of controls and procedures to minimize the risk of these occurrences.
BCSD shall implement controls and procedures that accomplish, where applicable, the following objectives:
NIST SP800-53: SI_1
Adoption Date: November 28, 2023
Policy References
The Fair Credit Reporting Act 15 United States Code (USC) Section 1681 et seq. The Fair and Accurate Credit Transactions Act of 2003 Public Law 108-159 Federal Trade Commission Disposal of Consumer Report Information and Records 16 Code of Federal Regulations (CFR) Part 682
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5672 INFORMATION SECURITY BREACH AND NOTIFICATION
Last Updated Date: 11/28/2023
Adoption Date: 6/12/2007
Revisions History: 4/9/2013
The District is required to comply with applicable law and regulations in how it handles and protects certain types of personal information that can be uniquely associated with a person. The District is required to notify affected individuals when there has been or is reasonably believed to have been unauthorized access to or acquisition of the individual's legally protected private information to comply with the Information Security Breach and Notification Act and Board policy.
Personally Identifiable Information (PII) means information concerning a person that, because of name, student number, or other identifier, can be used to uniquely identify that person. Protected PII is:
Protected PII does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
"Breach of the security of the system" means unauthorized acquisition, access, use, modification or disclosure of computerized data which compromises the availability, confidentiality, or integrity of protected PII maintained by the District. Good faith unauthorized access to or acquisition of protected PII by an employee or agent of the District for the purposes of the District is not a breach of the security of the system, provided that private information is not used or subject to further unauthorized disclosure.
Determining if a Breach Has Occurred
In determining whether protected PII has been or is reasonably believed to have been accessed or acquired without authorization, the District may consider the following factors, among others:
Notification Requirements
The notification requirement may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The required notification will be made after the law enforcement agency determines that the notification does not compromise the investigation.
Methods of Notification
The required notice will be directly provided to the affected persons by one of the following methods:
Regardless of the method by which notice is provided, the notice will include:
In the event that any New York State residents are to be notified, the District will notify the New York State Attorney General, New York State Department of State and New York State Office of Information Technology Services as to the timing, content, and distribution of the notices. In addition, the approximate number of affected persons will be shared along with a copy of the template of the notice sent to affected persons. This notice will be made without delaying notice to affected New York State residents.
In the event that more than 5,000 New York State residents are to be notified at one time, the District will also notify consumer reporting agencies as to the timing, content, and distribution of the notices and approximate number of affected persons. This notice will be made without delaying notice to affected New York State residents.
A list of consumer reporting agencies will be compiled by the New York State Attorney General and furnished upon request to any Districts required to make a notification in accordance with State Technology Law.
State Technology Law §§ 202 and 208
Adoption Date: November 28, 2023
Policy References
State Technology Law Sections 202 and 208
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5674 DATA NETWORKS AND SECURITY ACCESS
Last Updated Date: 05/28/2024
The District values the protection of private information of individuals in accordance with applicable law, regulations, and best practice. Accordingly, District officials and Information Technology (IT) staff will plan, implement, and monitor IT security mechanisms, procedures, and technologies necessary to prevent improper or illegal disclosure, modification, or denial of sensitive information in the District Computer System (DCS). Similarly, such IT mechanisms and procedures will also be implemented in order to safeguard District technology resources, including computer hardware and software. District network administrators may review District computers to maintain system integrity and to ensure that individuals are using the system responsibly. Users should not expect that anything stored on school computers or networks will be private.
In order to achieve the objectives of this policy, the Board of Education entrusts the Superintendent, or his/her designee, to:
a) Develop password standards for all users including, but not limited to, how to create passwords and how often such passwords should be changed by users to ensure security of the DCS;
b) Ensure that the District is able to determine on a regular basis who is accessing the DCS, and establish procedures for periodic review;
c) Develop procedures to control physical access to computer facilities, data rooms, systems, networks, and data to only authorized individuals; such procedures may include ensuring that server rooms remain locked at all times and the recording of arrival and departure dates and times of employees and visitors to and from the server room;
d) Establish procedures for tagging new purchases as they occur, relocating assets, updating the inventory list, performing periodic physical inventories, and investigating any differences in an effort to prevent unauthorized and/or malicious access to these assets;
e) Periodically grant, change, and terminate user access rights to the overall networked computer system and to specific software applications and ensure that users are given access based on, and necessary for, their job duties;
f) Limit user access to the vendor master file, which contains a list of vendors from which District employees are permitted to purchase goods and services, to only the individual who is responsible for making changes to such list, and ensure that all former employees' access rights to the vendor master list are promptly removed;
g) Determine how, and to whom, remote access should be granted, obtain written agreements with remote access users to establish the District's needs and expectations, as appropriate, and monitor and control such remote access;
h) Deploy software to servers and workstations to identify and eradicate malicious software attacks such as viruses and malware;
i) Develop a disaster recovery plan appropriate for the size and complexity of District IT operations to ensure continuous critical IT services in the event of any sudden, catastrophic event, including, but not limited to fire, computer virus or deliberate or inadvertent employee action.
j) Inventory and classify personal, private and sensitive information on the DCS to protect the confidentiality, integrity and availability of information;
k) Implement software based on client roles identified by the District to protect against loss of sensitive data.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5675 STUDENT GRADING INFORMATION SYSTEMS
Last Updated Date: 1/13/2016
Adoption Date: 6/12/2007
Student performance is assessed in many ways, but primarily through assigned grades. The District will help ensure the integrity of student grades by controlling access to its grading information system and by approving modifications to grades where warranted.
The System
The District utilizes an electronic software system that contains a record of student performance, credit accumulation, report cards, and a transcript. More specifically, the system includes class rosters where teachers enter student grades and track their students' academic progress. The system is used to generate student report cards and transcripts, and to maintain all student grading records.
To protect student data in the system, the District will first establish who has the authority to grant, change, or terminate user access. The personnel with this authority will be very limited. Further, if the grading system has a feature that allows one user or account to assume the identity of another user or account, the District will restrict or disable that feature. These types of features could allow a user greater access than intended, including inheriting permissions of another user that are greater than the user's.
System Access
The District will create categories of system users and assign appropriate system permissions to each. Users' permissions will be compatible with and restricted by their roles and job duties; their access will be as restrictive as possible. Typically, teachers will have the ability to enter, update, and modify grades each marking period before a pre-determined lockout date. The lockout function will be consistently used throughout the school year to help prevent grade modifications without authorization after a marking period closes. Through increased system permissions, other individuals—such as non-classroom teachers, guidance counselors, information technology (IT) staff, clerical staff, and support staff—will be able to view or modify grades.
The District will work with its IT, human resources, and other appropriate departments to determine how best to timely establish access rights, add users, deactivate or modify user accounts, and monitor user accounts. The District will develop further IT controls to protect against improper access, if needed.
Grade Changes
Once the lockout period begins, only authorized users identified by the District may change grades, and only under certain circumstances. The system will recognize when grades change, and a log of modified grades may then be viewed and printed. Any grade mismatches will be reconciled before the next marking period closes or before the end of the school year, whichever is earlier.
The staff member seeking to change a grade will submit a grade-change form signed by the requesting party, the teacher who assigned the original grade, and the appropriate administrator. This form and all other documents supporting a grade modification will be electronically filed in the grading system or filed in a non-electronic system—if electronic filing is impossible or impractical—and maintained for six years. The personnel seeking the modification should specify one or more reasonable grounds for the grade change on the form. There must be reasonable grounds to alter a grade. The reasons may include:
a) Data entry error;
b) Computational error;
c) A modification based on work submitted or considered after the lockout date;
d) Changing an incomplete grade to a regular grade because a student completed course
requirements;
e) Credit recovery coursework;
f) Administrative change; or
g) Other acceptable justifications.
Audit Log and Monitoring
The District's grading system will have an audit log or grade-change report function that records certain system activities, including modifications to grades. The District will periodically monitor audit logs or grade-change reports to confirm the integrity of the system, to ensure proper access by personnel, and to confirm that modifications within the system are appropriate and completed in a timely manner. The District will also periodically monitor user accounts and rights so that the permissions granted are proper and the minimum necessary for each user or user group. To the extent feasible, the District will make sure that user accounts are current and updated regularly. The District will be able to print user information, logs, reports, and other documents from the student grading information system, as needed.
Student Transcripts
Student transcripts may show all credit-bearing classes; final grades; test scores; grade-point average; diploma type; and graduation date. The same controls, protections, and monitoring applicable to student grading information apply equally to student transcripts.
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5676 PRIVACY AND SECURITY FOR STUDENT AND STAFF DATA
Last Updated Date: 11/28/2023
Adoption Date: 11/09/2021
PRIVACY AND SECURITY FOR STUDENT AND STAFF DATA
The District is committed to maintaining the privacy and security of student data and teacher and principal data and will follow all applicable laws and regulations for the handling and storage of this data in the District and when disclosing or releasing it to others, including, but not limited to, third-party contractors. The District adopts this policy to implement the requirements of Education Law Section
2-d and its implementing regulations, as well as to align the District's data privacy and security practices with the National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1).
Definitions
As provided in Education Law Section 2-d and/or its implementing regulations, the following terms, as used in this policy, will mean:
a) "Breach" means the unauthorized acquisition, access, use, or disclosure of student data and/or teacher or principal data by or to a person not authorized to acquire, access, use, or receive the student data and/or teacher or principal data.
b) "Building principal" means a building principal subject to annual performance evaluation review under the provisions of Education Law Section 3012-c.
c) "Classroom teacher" means a teacher subject to annual performance evaluation review under the provisions of Education Law Section 3012-c.
d) "Commercial or marketing purpose" means the sale of student data; or its use or disclosure for purposes of receiving remuneration, whether directly or indirectly; the use of student data for advertising purposes, or to develop, improve, or market products or services to students.
e) "Contract or other written agreement" means a binding agreement between an educational agency and a third-party, which includes, but is not limited to, an agreement created in electronic form and signed with an electronic or digital signature or a click-wrap agreement that is used with software licenses, downloaded, and/or online applications and transactions for educational technologies and other technologies in which a user must agree to terms and conditions prior to using the product or service.
f) "Disclose" or "disclosure" means to permit access to, or the release, transfer, or other communication of personally identifiable information by any means, including oral, written, or electronic, whether intended or unintended.
g) "Education records" means an education record as defined in the Family Educational Rights and Privacy Act and its implementing regulations, 20 USC Section 1232g and 34 CFR Part 99, respectively.
h) "Educational agency" means a school district, board of cooperative educational services (BOCES), school, or the New York State Education Department (NYSED).
i) "Eligible student" means a student who is eighteen years or older.
j) "Encryption" means methods of rendering personally identifiable information unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified or permitted by the Secretary of the United States Department of Health and Human Services in guidance issued under 42 USC Section 17932(h)(2).
k) "FERPA" means the Family Educational Rights and Privacy Act and its implementing regulations, 20 USC Section 1232g and 34 CFR Part 99, respectively.
l) "NIST Cybersecurity Framework" means the U.S. Department of Commerce National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1). A copy of the NIST Cybersecurity Framework is available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, New York 12234.
m) "Parent" means a parent, legal guardian, or person in parental relation to a student.
n) "Personally identifiable information (PII)," as applied to student data, means personally identifiable information as defined in 34 CFR Section 99.3 implementing the Family Educational Rights and Privacy Act, 20 USC Section 1232g, and, as applied to teacher or principal data, means personally identifying information as this term is defined in Education Law Section 3012-c(10).
o) "Release" has the same meaning as disclosure or disclose.
p) "Student" means any person attending or seeking to enroll in an educational agency.
q) "Student data" means personally identifiable information from the student records of an educational agency.
r) "Teacher or principal data" means personally identifiable information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not subject to release under the provisions of Education Law Sections 3012-c and 3012-d.
s) "Third-party contractor" means any person or entity, other than an educational agency, that receives student data or teacher or principal data from an educational agency pursuant to a contract or other written agreement for purposes of providing services to the educational
agency, including but not limited to data management or storage services, conducting studies for or on behalf of the educational agency, or audit or evaluation of publicly funded programs. This term will include an educational partnership organization that receives student and/or teacher or principal data from a school district to carry out its responsibilities pursuant to Education Law Section 211-e and is not an educational agency, and a not-for-profit corporation or other nonprofit organization, other than an educational agency.
t) "Unauthorized disclosure" or "unauthorized release" means any disclosure or release not permitted by federal or state statute or regulation, any lawful contract or written agreement, or that does not respond to a lawful order of a court or tribunal or other lawful order.
Data Collection Transparency and Restrictions
As part of its commitment to maintaining the privacy and security of student data and teacher and principal data, the District will take steps to minimize its collection, processing, and transmission of PII. Additionally, the District will:
a) Not sell PII nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.
b) Ensure that it has provisions in its contracts with third-party contractors or in separate data sharing and confidentiality agreements that require the confidentiality of shared student data or teacher or principal data be maintained in accordance with law, regulation, and District policy.
Except as required by law or in the case of educational enrollment data, the District will not report to NYSED the following student data elements:
a) Juvenile delinquency records;
b) Criminal records;
c) Medical and health records; and
d) Student biometric information.
Nothing in Education Law Section 2-d or this policy should be construed as limiting the administrative use of student data or teacher or principal data by a person acting exclusively in the person's capacity as an employee of the District.
Chief Privacy Officer
The Commissioner of Education has appointed a Chief Privacy Officer who will report to the Commissioner on matters affecting privacy and the security of student data and teacher and principal data. Among other functions, the Chief Privacy Officer is authorized to provide assistance to educational agencies within the state on minimum standards and best practices associated with privacy and the security of student data and teacher and principal data.
The District will comply with its obligation to report breaches or unauthorized releases of student data or teacher or principal data to the Chief Privacy Officer in accordance with Education Law Section 2-d, its implementing regulations, and this policy.
The Chief Privacy Officer has the power, among others, to:
a) Access all records, reports, audits, reviews, documents, papers, recommendations, and other materials maintained by the District that relate to student data or teacher or principal data, which includes, but is not limited to, records related to any technology product or service that will be utilized to store and/or process PII; and
b) Based upon a review of these records, require the District to act to ensure that PII is protected in accordance with laws and regulations, including but not limited to requiring the District to perform a privacy impact and security risk assessment.
Data Protection Officer
The District has designated a District employee to serve as the District's Data Protection Officer. The Data Protection Officer for the District is the Director of Technology Services.
The Data Protection Officer is responsible for the implementation and oversight of this policy and any related procedures including those required by Education Law Section 2-d and its implementing regulations, as well as serving as the main point of contact for data privacy and security for the District.
The District will ensure that the Data Protection Officer has the appropriate knowledge, training, and experience to administer these functions. The Data Protection Officer may perform these functions in addition to other job responsibilities.
District Data Privacy and Security Standards
The District will use the National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1) (Framework) as the standard for its data privacy and security program. The Framework is a risk-based approach to managing cybersecurity risk and is composed of three parts: the Framework Core, the Framework Implementation Tiers, and the Framework Profiles. The Framework provides a common taxonomy and mechanism for organizations to:
a) Describe their current cybersecurity posture;
b) Describe their target state for cybersecurity;
c) Identify and prioritize opportunities for improvement within the context of a continuous and repeatable process;
d) Assess progress toward the target state; and
e) Communicate among internal and external stakeholders about cybersecurity risk.
The District will protect the privacy of PII by:
a) Ensuring that every use and disclosure of PII by the District benefits students and the District by considering, among other criteria, whether the use and/or disclosure will:
1. Improve academic achievement;
2. Empower parents and students with information; and/or
3. Advance efficient and effective school operations.
b) Not including PII in public reports or other public documents.
The District affords all protections under FERPA and the Individuals with Disabilities Education Act and their implementing regulations to parents or eligible students, where applicable.
Third-Party Contractors
District Responsibilities
The District will ensure that whenever it enters into a contract or other written agreement with a third-party contractor under which the third-party contractor will receive student data or teacher or principal data from the District, the contract or written agreement will include provisions requiring that confidentiality of shared student data or teacher or principal data be maintained in accordance with law, regulation, and District policy.
In addition, the District will ensure that the contract or written agreement includes the third-party contractor's data privacy and security plan that has been accepted by the District.
The third-party contractor's data privacy and security plan must, at a minimum:
a) Outline how the third-party contractor will implement all state, federal, and local data privacy and security contract requirements over the life of the contract, consistent with District policy;
b) Specify the administrative, operational, and technical safeguards and practices the third-party contractor has in place to protect PII that it will receive under the contract;
c) Demonstrate that the third-party contractor complies with the requirements of 8 NYCRR Section 121.3(c);
d) Specify how officers or employees of the third-party contractor and its assignees who have access to student data or teacher or principal data receive or will receive training on the laws governing confidentiality of this data prior to receiving access;
e) Specify if the third-party contractor will utilize subcontractors and how it will manage those relationships and contracts to ensure PII is protected;
f) Specify how the third-party contractor will manage data privacy and security incidents that implicate PII including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the District;
g) Describe whether, how, and when data will be returned to the District, transitioned to a successor contractor, at the District's option and direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires; and
h) Include a signed copy of the Parents' Bill of Rights for Data Privacy and Security.
Third-Party Contractor Responsibilities
Each third-party contractor, that enters into a contract or other written agreement with the District under which the third-party contractor will receive student data or teacher or principal data from the District, is required to:
a) Adopt technologies, safeguards, and practices that align with the NIST Cybersecurity Framework;
b) Comply with District policy and Education Law Section 2-d and its implementing regulations;
c) Limit internal access to PII to only those employees or subcontractors that have legitimate educational interests (i.e., they need access to provide the contracted services);
d) Not use the PII for any purpose not explicitly authorized in its contract;
e) Not disclose any PII to any other party without the prior written consent of the parent or eligible student:
1. Except for authorized representatives of the third-party contractor such as a subcontractor or assignee to the extent they are carrying out the contract and in compliance with law, regulation, and its contract with the District; or
2. Unless required by law or court order and the third-party contractor provides a notice of the disclosure to NYSED, the Board, or the institution that provided the information no later than the time the information is disclosed, unless providing notice of the disclosure is expressly prohibited by law or court order;
f) Maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of PII in its custody;
g) Use encryption to protect PII in its custody while in motion or at rest; and
h) Not sell PII nor use or disclose it for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do so.
Where a third-party contractor engages a subcontractor to perform its contractual obligations, the data protection obligations imposed on the third-party contractor by law and contract apply to the subcontractor.
Cooperative Educational Services through a BOCES
The District may not be required to enter into a separate contract or data sharing and confidentiality agreement with a third-party contractor that will receive student data or teacher or principal data from the District under all circumstances.
For example, the District may not need its own contract or agreement where:
a) It has entered into a cooperative educational service agreement (CoSer) with a BOCES that includes use of a third-party contractor's product or service; and
b) That BOCES has entered into a contract or data sharing and confidentiality agreement with the third-party contractor, pursuant to Education Law Section 2-d and its implementing regulations, that is applicable to the District's use of the product or service under that CoSer.
To meet its obligations whenever student data or teacher or principal data from the District is received by a third-party contractor pursuant to a CoSer, the District will consult with the BOCES to, among other things:
a) Ensure there is a contract or data sharing and confidentiality agreement pursuant to Education Law Section 2-d and its implementing regulations in place that would specifically govern the District's use of a third-party contractor's product or service under a particular CoSer;
b) Determine procedures for including supplemental information about any applicable contracts or data sharing and confidentiality agreements that a BOCES has entered into with a third-party contractor in its Parents' Bill of Rights for Data Privacy and Security;
c) Ensure appropriate notification is provided to affected parents, eligible students, teachers, and/or principals about any breach or unauthorized release of PII that a third-party contractor has received from the District pursuant to a BOCES contract; and
d) Coordinate reporting to the Chief Privacy Officer to avoid duplication in the event the District receives information directly from a third-party contractor about a breach or unauthorized release of PII that the third-party contractor received from the District pursuant to a BOCES contract.
Click-Wrap Agreements
Periodically, District staff may wish to use software, applications, or other technologies in which the user must "click" a button or box to agree to certain online terms of service prior to using the software, application, or other technology. These are known as "click-wrap agreements" and are considered legally binding "contracts or other written agreements" under Education Law Section 2-d and its implementing regulations.
District staff are prohibited from using software, applications, or other technologies pursuant to a click-wrap agreement in which the third-party contractor receives student data or teacher or principal data from the District unless they have received prior approval from the District's Data Privacy Officer or designee.
The District will develop and implement procedures requiring prior review and approval for staff use of any software, applications, or other technologies pursuant to click-wrap agreements.
Parents' Bill of Rights for Data Privacy and Security
The District will publish its Parents' Bill of Rights for Data Privacy and Security (Bill of Rights) on its website. Additionally, the District will include the Bill of Rights with every contract or other written agreement it enters into with a third-party contractor under which the third-party contractor will receive student data or teacher or principal data from the District.
The District's Bill of Rights will state in clear and plain English terms that:
a) A student's PII cannot be sold or released for any commercial purposes;
b) Parents have the right to inspect and review the complete contents of their child's education record;
c) State and federal laws protect the confidentiality of PII, and safeguards associated with industry standards and best practices, including but not limited to encryption, firewalls, and password protection, must be in place when data is stored or transferred;
d) A complete list of all student data elements collected by the state is available for public review at the following website http://www.nysed.gov/student-data-privacy/student-data-inventory or by writing to the Office of Information and Reporting Services, New York State Education Department, Room 865 EBA, 89 Washington Avenue, Albany, New York 12234; and
e) Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed in writing to Privacy Complaint, Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, New York 12234. Complaints may also be submitted using the form available at the following website http://www.nysed.gov/student-data-privacy/form/report-improper-disclosure.
The Bill of Rights will also include supplemental information for each contract the District enters into with a third-party contractor where the third-party contractor receives student data or teacher or principal data from the District. The supplemental information must be developed by the District and include the following information:
a) The exclusive purposes for which the student data or teacher or principal data will be used by the third-party contractor, as defined in the contract;
b) How the third-party contractor will ensure that the subcontractors, or other authorized persons or entities to whom the third-party contractor will disclose the student data or teacher or principal data, if any, will abide by all applicable data protection and security requirements, including but not limited to those outlined in applicable laws and regulations (e.g., FERPA; Education Law Section 2-d);
c) The duration of the contract, including the contract's expiration date, and a description of what will happen to the student data or teacher or principal data upon expiration of the contract or other written agreement (e.g., whether, when, and in what format it will be returned to the District, and/or whether, when, and how the data will be destroyed);
d) If and how a parent, student, eligible student, teacher, or principal may challenge the accuracy of the student data or teacher or principal data that is collected;
e) Where the student data or teacher or principal data will be stored, described in a manner as to protect data security, and the security protections taken to ensure the data will be protected and data privacy and security risks mitigated; and
f) Address how the data will be protected using encryption while in motion and at rest.
The District will publish on its website the supplement to the Bill of Rights (i.e., the supplemental information described above) for any contract or other written agreement it has entered into with a third-party contractor that will receive PII from the District. The Bill of Rights and supplemental information may be redacted to the extent necessary to safeguard the privacy and/or security of the District's data and/or technology infrastructure.
Right of Parents and Eligible Students to Inspect and Review Students' Education Records
Consistent with the obligations of the District under FERPA, parents and eligible students have the right to inspect and review a student's education record by making a request directly to the District in a manner prescribed by the District.
The District will ensure that only authorized individuals are able to inspect and review student data. To that end, the District will take steps to verify the identity of parents or eligible students who submit requests to inspect and review an education record and verify the individual's authority to do so.
Requests by a parent or eligible student for access to a student's education records must be directed to the District and not to a third-party contractor. The District may require that requests to inspect and review education records be made in writing.
The District will notify parents annually of their right to request to inspect and review their child's education record including any student data stored or maintained by the District through its annual FERPA notice. A notice separate from the District's annual FERPA notice is not required.
The District will comply with a request for access to records within a reasonable period, but not more than 45 calendar days after receipt of a request.
The District may provide the records to a parent or eligible student electronically, if the parent consents. The District must transmit the PII in a way that complies with laws and regulations. Safeguards associated with industry standards and best practices, including but not limited to encryption and password protection, must be in place when education records requested by a parent or eligible student are electronically transmitted.
Complaints of Breach or Unauthorized Release of Student Data and/or Teacher or Principal Data
The District will inform parents, through its Parents' Bill of Rights for Data Privacy and Security, that they have the right to submit complaints about possible breaches of student data to the Chief Privacy Officer at NYSED. In addition, the District has established the following procedures for parents, eligible students, teachers, principals, and other District staff to file complaints with the District about breaches or unauthorized releases of student data and/or teacher or principal data:
a) All complaints must be submitted to the District's Data Protection Officer in writing.
b) Upon receipt of a complaint, the District will promptly acknowledge receipt of the complaint, commence an investigation, and take the necessary precautions to protect PII.
c) Following the investigation of a submitted complaint, the District will provide the individual who filed the complaint with its findings. This will be completed within a reasonable period of time, but no more than 60 calendar days from the receipt of the complaint by the District.
d) If the District requires additional time, or where the response may compromise security or impede a law enforcement investigation, the District will provide the individual who filed the complaint with a written explanation that includes the approximate date when the District anticipates that it will respond to the complaint.
These procedures will be disseminated to parents, eligible students, teachers, principals, and other District staff.
The District will maintain a record of all complaints of breaches or unauthorized releases of student data and their disposition in accordance with applicable data retention policies, including the Records Retention and Disposition Schedule ED-1 (1988; rev. 2004).
Reporting a Breach or Unauthorized Release
The District will report every discovery or report of a breach or unauthorized release of student data or teacher or principal data within the District to the Chief Privacy Officer without unreasonable delay, but no more than ten calendar days after the discovery.
Each third-party contractor that receives student data or teacher or principal data pursuant to a contract or other written agreement entered into with the District will be required to promptly notify the District of any breach of security resulting in an unauthorized release of the data by the third-party contractor or its assignees in violation of applicable laws and regulations, the Parents' Bill of Rights for Student Data Privacy and Security, District policy, and/or binding contractual obligations relating to data privacy and security, in the most expedient way possible and without unreasonable delay, but no more than seven calendar days after the discovery of the breach.
In the event of notification from a third-party contractor, the District will in turn notify the Chief Privacy Officer of the breach or unauthorized release of student data or teacher or principal data no more than ten calendar days after it receives the third-party contractor's notification using a form or format prescribed by NYSED.
Investigation of Reports of Breach or Unauthorized Release by the Chief Privacy Officer
The Chief Privacy Officer is required to investigate reports of breaches or unauthorized releases of student data or teacher or principal data by third-party contractors. As part of an investigation, the Chief Privacy Officer may require that the parties submit documentation, provide testimony, and may visit, examine, and/or inspect the third-party contractor's facilities and records.
Upon the belief that a breach or unauthorized release constitutes criminal conduct, the Chief Privacy Officer is required to report the breach and unauthorized release to law enforcement in the most expedient way possible and without unreasonable delay.
Third-party contractors are required to cooperate with the District and law enforcement to protect the integrity of investigations into the breach or unauthorized release of PII.
Upon conclusion of an investigation, if the Chief Privacy Officer determines that a third-party contractor has through its actions or omissions caused student data or teacher or principal data to be breached or released to any person or entity not authorized by law to receive this data in violation of applicable laws and regulations, District policy, and/or any binding contractual obligations, the Chief Privacy Officer is required to notify the third-party contractor of the finding and give the third-party contractor no more than 30 days to submit a written response.
If after reviewing the third-party contractor's written response, the Chief Privacy Officer determines the incident to be a violation of Education Law Section 2-d, the Chief Privacy Officer will be authorized to:
a) Order the third-party contractor be precluded from accessing PII from the affected educational agency for a fixed period of up to five years;
b) Order that a third-party contractor or assignee who knowingly or recklessly allowed for the breach or unauthorized release of student data or teacher or principal data be precluded from accessing student data or teacher or principal data from any educational agency in the state for a fixed period of up to five years;
c) Order that a third-party contractor who knowingly or recklessly allowed for the breach or unauthorized release of student data or teacher or principal data will not be deemed a responsible bidder or offeror on any contract with an educational agency that involves the sharing of student data or teacher or principal data, as applicable for purposes of General Municipal Law Section 103 or State Finance Law Section 163(10)(c), as applicable, for a fixed period of up to five years; and/or
d) Require the third-party contractor to provide additional training governing confidentiality of student data and/or teacher or principal data to all its officers and employees with reasonable access to this data and certify that the training has been performed at the contractor's expense. This additional training is required to be performed immediately and include a review of laws, rules, and regulations, including Education Law Section 2-d and its implementing regulations.
If the Chief Privacy Officer determines that the breach or unauthorized release of student data or teacher or principal data on the part of the third-party contractor or assignee was inadvertent and done without intent, knowledge, recklessness, or gross negligence, the Chief Privacy Officer may make a recommendation to the Commissioner that no penalty be issued to the third-party contractor.
The Commissioner would then make a final determination as to whether the breach or unauthorized release was inadvertent and done without intent, knowledge, recklessness or gross negligence and whether or not a penalty should be issued.
Notification of a Breach or Unauthorized Release
The District will notify affected parents, eligible students, teachers, and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release of PII by the District or the receipt of a notification of a breach or unauthorized release of PII from a third-party contractor unless that notification would interfere with an ongoing investigation by law enforcement or cause further disclosure of PII by disclosing an unfixed security vulnerability. Where notification is delayed under these circumstances, the District will notify parents, eligible students, teachers, and/or principals within seven calendar days after the security vulnerability has been remedied or the risk of interference with the law enforcement investigation ends.
Notifications will be clear, concise, use language that is plain and easy to understand, and to the extent available, include:
a) A brief description of the breach or unauthorized release, the dates of the incident and the date of discovery, if known;
b) A description of the types of PII affected;
c) An estimate of the number of records affected;
d) A brief description of the District's investigation or plan to investigate; and
e) Contact information for representatives who can assist parents or eligible students that have additional questions.
Notification will be directly provided to the affected parent, eligible student, teacher, or principal by first-class mail to their last known address, by email, or by telephone.
Where a breach or unauthorized release is attributed to a third-party contractor, the third-party contractor is required to pay for or promptly reimburse the District for the full cost of this notification.
Annual Data Privacy and Security Training
The District will annually provide data privacy and security awareness training to its officers and staff with access to PII. This training will include, but not be limited to, training on the applicable laws and regulations that protect PII and how staff can comply with these laws and regulations. The District may deliver this training using online training tools. Additionally, this training may be included as part of the training that the District already offers to its workforce.
Notification of Policy
The District will publish this policy on its website and provide notice of the policy to all its officers and staff.
Education Law § 2-d
8 NYCRR Part 121
Adoption Date: November 28, 2023
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5677 PRIVACY AND SECURITY FOR STUDENT AND STAFF DATA COMPUTER CONTROL FOR FINANCIAL NETWORK AND SYSTEMS
Adoption Date: 05/28/2024
The District will maintain regulations and procedures that ensure that financial networks, systems and data are adequately secured. To that end, the District shall develop a disaster recovery plan in the event of catastrophic loss of the District’s processing capabilities, as well as procedures to provide for appropriate segregation of duties, password schema, network security and access to financial and other sensitive data.
Policy References
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5680 SAFETY AND SECURITY
Related Policies & Documents: 5681
The Board of Education of the Brighton Central School District hereby declares that it is the policy of this School District to provide a safe and secure environment to all those persons, students, staff and visitors, who lawfully enter upon District property or who travel in District vehicles for the purposes of the District.
It shall be the responsibility of the Superintendent to establish written regulations.
Student Safety
All staff who are made aware of physical and/or verbal threats to students must immediately report these threats against students to the next level of supervisory authority for prompt action. The immediate supervisor must then inform the Superintendent/designee, including any action taken, after learning of such threats to students. The District shall disseminate this policy to all employees in order to ensure staff awareness.
Hazard Communication Standard
All personnel shall be provided with applicable training to comply with the New York State "Right-to-Know" Law and the Hazard Communication Standard.
The Superintendent/designee shall maintain a current record of the name, address and social security number of every employee who handles or uses toxic substances and which substance(s) were handled or used by the employee.
Rules and regulations will be developed to ensure District implementation of this policy which shall include awareness information, employee training and record keeping.
Occupational Safety and Health Administration (OSHA)
29 Code of Federal Regulations (CFR) Section 1910.1200
Labor Law Sections 27-a and 879
12 New York Code of Rules and Regulations (NYCRR)
Part 820, Article 28
Policy References:
Refer also to Policy #5681 -- School Safety Plans
Policy References
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5681 SCHOOL SAFETY PLANS
Last Updated Date: 10/12/2021
Adoption Date: 06/12/2007
Revisions History: 2/14/2017
The District considers the safety of its students and staff to be of the utmost importance and is keenly aware of the evolving nature of threats to schools. As such, it will address those threats accordingly through appropriate emergency response planning. The District-wide school safety plan and the building-level emergency response plan(s) will be designed to prevent or minimize the effects of violent incidents and emergencies and to facilitate the coordination of schools and the District with local and county resources in the event of these incidents or emergencies. These plans will be reviewed and updated by the appropriate team on at least an annual basis and adopted by the Board by September 1 of each school year.
The Board will make the District-wide school safety plan available for public comment at least 30 days prior to its adoption. The District-wide school safety plan may only be adopted by the Board after at least one public hearing that provides for the participation of school personnel, parents, students, and any other interested parties. The District-wide school safety plan and any amendments must be submitted to the Commissioner, in a manner prescribed by the Commissioner, within 30 days of adoption, but no later than October 1 of each school year.
Building-level emergency response plan(s) and any amendments must be submitted to the appropriate local law enforcement agency and the state police within 30 days of adoption, but no later than October 1 of each school year. Building-level emergency response plan(s) will be kept confidential and are not subject to disclosure under the Freedom of Information Law (FOIL) or any other provision of law.
District-Wide School Safety Plan
District-wide school safety plan means a comprehensive, multi-hazard school safety plan that covers all school buildings of the District, addresses crisis intervention, emergency response and management at the District level, and has the contents as prescribed in Education Law and Commissioner's regulations.
The District-wide school safety plan will be developed by the District-wide school safety team appointed by the Board. The District-wide school safety team will include, but not be limited to, representatives of the Board, teacher, administrator, and parent organizations, school safety personnel, and other school personnel including bus drivers and monitors. *At the discretion of the Board, a student may be allowed to participate on the District-wide school safety team.
The District-wide school safety plan will include, but not be limited to:
a. Policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel including bus drivers and monitors, and visitors to the school, including threats by students against themselves, which includes suicide;
b. Policies and procedures for responding to acts of violence by students, teachers, other school personnel including bus drivers and monitors, and visitors to the school, including consideration of zero-tolerance policies for school violence;
c) Appropriate prevention and intervention strategies, such as:
1. Collaborative arrangements with state and local law enforcement officials, designed to ensure that school safety officers and other security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited;
2. Nonviolent conflict resolution training programs;
3. Peer mediation programs and youth courts; and
4. Extended day and other school safety programs;
d) Policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident;
e) A description of the arrangements for obtaining assistance during emergencies from emergency services organizations and local governmental agencies;
f) Procedures for obtaining advice and assistance from local government officials, including the county or city officials responsible for implementation of Executive Law Article 2-B, State and Local Natural and Man-Made Disaster Preparedness;
g) The identification of District resources which may be available for use during an emergency;
h) A description of procedures to coordinate the use of District resources and manpower during emergencies, including identification of the officials authorized to make decisions and of the staff members assigned to provide assistance during emergencies;
i) Policies and procedures for contacting parents, guardians, or persons in parental relation to District students in the event of a violent incident or an early dismissal;
j) Policies and procedures for contacting parents, guardians, or persons in parental relation to an individual District student in the event of an implied or direct threat of violence by the student against themselves, which includes suicide;
k) Policies and procedures relating to school building security, including, where appropriate: the use of school safety officers, school security officers, and/or school resource officers; and security devices or procedures;
l) Policies and procedures for the dissemination of informative materials regarding the early detection of potentially violent behaviors, including, but not limited to, the identification of family, community, and environmental factors to teachers, administrators, school personnel including bus drivers and monitors, parents and other persons in parental relation to students of the District or Board, students, and other persons deemed appropriate to receive the information;
m) Policies and procedures for annual multi-hazard school safety training for staff and students, provided that the District must certify to the Commissioner that all staff have undergone annual training by September 15 on the building-level emergency response plan which must include components on violence prevention and mental health, provided further that new employees hired after the start of the school year will receive training within 30 days of hire or as part of the District's existing new hire training program, whichever is sooner;
n) Procedures for the review and conduct of drills and other exercises to test components of the emergency response plan, including the use of tabletop exercises, in coordination with local and county emergency responders and preparedness officials;
o) The identification of appropriate responses to emergencies, including protocols for responding to bomb threats, hostage-takings, intrusions, and kidnappings;
p) Strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as the establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or designating a mentor for students concerned with bullying or violence, and establishing anonymous reporting mechanisms for school violence;
q) A description of the duties of hall monitors and any other school safety personnel, the training required of all personnel acting in a school security capacity, and the hiring and screening process for all personnel acting in a school security capacity;
r) A system for informing all educational agencies within the District of a disaster;
s) The designation of the Superintendent or designee, as the District Chief Emergency Officer whose duties will include, but not be limited to:
1. Coordinating the communication between school staff, law enforcement, and other first responders;
2. Leading the efforts of the District-wide school safety team in the completion and yearly update of the District-wide school safety plan and the coordination of the District-wide school safety plan with the building-level emergency response plan(s) ;
3. Ensuring staff understanding of the District-wide school safety plan;
4. Ensuring the completion and yearly update of building-level emergency response plans for each school building;
5. Assisting in the selection of security related technology and development of procedures for the use of the technology;
6. Coordinating appropriate safety, security, and emergency training for District and school staff, including required training in the emergency response plan;
7. Ensuring the conduct of required evacuation and lock-down drills in all District buildings as required by law; and
8. Ensuring the completion and yearly update of building-level emergency response plan(s) by the dates designated by the Commissioner; and
t) Protocols for responding to a declared state disaster emergency involving a communicable disease that are substantially consistent with the provisions in Labor Law Section 27-c.
Building-Level Emergency Response Plan
Building-level emergency response plan means a building-specific school emergency response plan that addresses crisis intervention, emergency response and management at the building level and has the contents as prescribed in Education Law and Commissioner's regulations. As part of this plan, the District will define the chain of command in a manner consistent with the National Incident Management System (NIMS) /Incident Command System (ICS).
Building-level emergency response plan(s) will be developed by the building-level emergency response team. The building-level emergency response team is a building-specific team appointed by the building principal, in accordance with regulations or guidelines prescribed by the Board. The building-level emergency response team will include, but not be limited to, representatives of teacher, administrator, and parent organizations, school safety personnel and other school personnel including bus drivers and monitors, community members, local law enforcement officials, local ambulance, fire officials, or other emergency response agencies, and any other representatives the Board deems appropriate.
Classroom door vision panels will not be covered except as outlined in the building-level emergency response plan.
Education Law § 2801-a
Labor Law § 27-c
8 NYCRR § 155.17
Policy References
Homeland Security Presidential Directives - HSPD-5, HSPD-8
Homeland Security Act of 2002, 6 USC § 101
Education Law Section 807, 2801-a
Public Officers Law Article 6
8 New York Code of Rules and Regulations (NYCRR)
Section 155.17
5000 - NON-INSTRUCTIONAL/BUSINESS OPERATIONS
5682 CARDIAC AUTOMATED EXTERNAL DEFIBRILLATORS (AEDS) IN PUBLIC SCHOOL FACILITIES
The School District shall provide and maintain on-site in each instructional school facility functional cardiac automated external defibrillator (AED) equipment as defined in Public Health Law Section 3000-b for use during emergencies. Each such facility shall have sufficient automated external defibrillator equipment available to ensure ready and appropriate access for use during emergencies in quantities and types as deemed by the Commissioner of Education, in consultation with the Commissioner of Health. Determination of the quantity and placement of AEDs must be made with consideration of at least the factors enumerated in Commissioner's Regulations. An instructional school facility means a building or other facility maintained by the School District where instruction is provided to students pursuant to its curriculum.
Whenever an instructional School District facility is used for a school-sponsored or school-approved curricular or extracurricular event or activity and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for such school facility or athletic contest shall ensure that AED equipment is provided on-site and that there is present during such event, activity or contest at least one staff person who is trained in accordance with Public Health Law in the operation and use of an AED. School-sponsored or school-approved curricular or extracurricular events or activities mean events or activities of the School District that are, respectively, associated with its instructional curriculum or otherwise offered to its students. A school-sponsored athletic contest means an extraclass intramural athletic activity of instruction, practice and competition for students in grades 4 through 12 consistent with Commissioner's Regulations Section 135.4.
Where a school-sponsored competitive athletic event is held at a site other than a School District facility, School District officials shall assure that AED equipment is provided on-site by the sponsoring or host district and that at least one staff person who is trained, in accordance with Public Health Law, in the operation and use of the AED is present during such athletic event. A school-sponsored competitive athletic event means an extraclass interscholastic athletic activity of instruction, practice and competition for students in grades 7 through 12 consistent with Commissioner's Regulations Section 135.4.
School District facilities and District staff responsible for carrying out the duties enumerated in Education Law Section 917 are deemed a "public access defibrillation provider" as defined pursuant to Public Health Law Section 3000-b and subject to the Public Health Law requirements and limitations.
Therefore, it is the policy of our School District to provide proper training requirements for District AED users, to ensure the immediate calling of 911 and/or the community equivalent ambulance dispatch entity whenever the AED is used, to ensure ready identification of the location of the AED units as enumerated in the District's Public Access Defibrillation Collaborative Agreement.
The District will provide for regular maintenance and checkout procedures of the AED unit(s) which meet or exceed manufacturer's recommendations. Appropriate documentation will be maintained in accordance with law and/or regulation. Further, the District will participate in the required Quality Improvement Program as determined by the Regional Emergency Medical Services Council.
Pursuant to Public Health Law Sections 3000-a and 3000-b, the School District (as a public access defibrillation provider), or any employee or other agent of the School District who, in accordance with the provisions of law, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED to a person who is unconscious, ill or injured, shall not be liable for damages for injury or death unless caused by gross negligence.
Policy References
Education Law Section 917 Public Health Law Sections 3000-a and 3000-b 8 New York Code of Rules and Regulations (NYCRR) Sections 135.4 and 136.4
5000 - NONINSTRUCTIONAL/BUSINESS OPERATIONS
5683 FIRE AND EMERGENCY DRILLS, BOMB THREATS AND BUS EMERGENCY DRILLS
Last Updated Date: 2/15/2017
Adoption Date: 6/12/2007
Revisions History: 9/11/2012,
Fire Drills
The administration of each school building will instruct and train students on appropriate emergency responses through fire and emergency drills, in the event of a sudden emergency. Fire and emergency drills shall be held at least twelve (12) times in each school year; eight of these will be evacuation drills and will be completed by December 31. Four of these eight required drills will be through use of the fire escapes on buildings where fire escapes are provided or identified secondary exits, and the other four drills will be lock-down drills. Drills will be conducted at different times of the school day. Students will also be instructed in the procedures to be followed in the event that a fire occurs during the regular school lunch period or assembly, however, this additional instruction may be waived if a drill is held during the regular lunch period or assembly.
Summer School
At least two (2) additional drills will be held during summer school in buildings where summer school is conducted and one (1) of these drills shall be held during the first week of summer school.
After-School Programs, Events or Performances
The building principal or his/her designee will require those in charge of after-school programs, events or performances attended by any individuals unfamiliar with the school building, to announce at the beginning of such programs the procedures to be followed in the event of an emergency.
Bomb Threats
School Bomb Threats
A bomb threat, even if later determined to be a hoax, is a criminal action. No bomb threat should be treated as a hoax when it is first received. Upon receiving a bomb threat, the school has an obligation and responsibility to ensure the safety and protection of the students and other occupants of the school. This obligation takes precedence over a search for a suspect object. Prudent action is dependent upon known information about the bomb threat - location, if any; time of detonation; etc. Specific procedures can be found in the building level emergency response plan, as required by relevant law and regulation.
Police Notification and Investigation
Appropriate law enforcement agencies must be notified by the building administrator or designee of any bomb threat as soon as possible after receiving the threat. Law enforcement officials will contact, as the situation requires, fire and/or county emergency coordinators according to the county emergency plan.
Implementation
The Superintendent or his/her designee will develop written procedures to implement the terms of this policy. Additionally, these procedures will be incorporated in the District-wide School Safety Plan and the building level emergency response plan, with provisions to provide written information to all staff and students regarding emergency procedures by October 1 of each school year, an annual drill to test the emergency response procedures under each of its building level emergency response plans; and the annual review of the District-wide and building level emergency response plans, along with updates as necessary, by September 1, as mandated by law or regulation.
Bus Emergency Drills
The administration will conduct a minimum of three (3) emergency drills to be held on each school bus during the school year. The first drill will be conducted during the first seven days of school, the second drill between November 1 and December 31, and the third drill between March 1 and April 30. No drills will be conducted when buses are on routes.
Students who ordinarily walk to school will also be included in the drills. Students attending public and nonpublic schools who do not participate in regularly scheduled drills will also be provided drills on school buses, or as an alternative, will be provided classroom instruction covering the content of these drills.
Each drill will include practice and instruction in the location, use, and operation of the emergency door, fire extinguishers, first-aid equipment, and windows as a means of escape in the event of fire or accident. Similarly, students will be instructed on all topics mandated by relevant sections of the Education Law and Commissioner's regulations, including, but not limited to, the following:
a) Safe boarding and exiting procedures with specific emphasis on when and how to approach, board, disembark, and move away from the bus after disembarking;
b) Advancing at least ten feet in front of the bus before crossing the highway after disembarking; and
c) Orderly conduct as bus passengers.
Instruction on Use of Seat Belts
When students are transported on school buses equipped with seat safety belts, the District will ensure that all students who are transported on any school bus owned, leased, or contracted for by the District will receive instruction on the use of seat safety belts. This instruction will be provided at least three times each year to both public and nonpublic school students who are so transported and will include, but not be limited to:
a) Proper fastening and release of seat safety belts;
b) Acceptable placement of seat safety belts on students;
c) Times at which the seat safety belts should be fastened and released; and
d) Acceptable placement of t