The objective of the Board is to obtain the best possible insurance at the lowest possible cost, and to seek advice from an Insurance Appraisal Service to determine that adequate coverage is being provided regarding fire, boiler, general liability, vehicle and student accident insurance as authorized by voters.
The Board will carry insurance to protect the District’s real and personal property against loss or damage. This property will 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 and/or his or her designee will review the District’s insurance program annually and make recommendations to the Board if more suitable coverage is required.
Education Law Sections 1709(8), 1709(26), 1709(34-b), 2503(10), 2503(10-a), 2503(10-b), 3023, 3028
General Municipal Law Sections 6-n and 52
Public Officers Law Section 18
INVENTORIES AND ACCOUNTING OF FIXED ASSETS
The Superintendent or designee will 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 District will be checked, logged, and stored through an established procedure.
The School Business Official will be responsible for accounting for general fixed assets according to the procedures outlined by the Uniform System of Accounts for School Districts and GASB Statement 34 Regulations.
These accounts will serve to:
a) Maintain a physical inventory of assets;
b) Establish accountability;
c) Determine replacement costs; and
d) Provide appropriate insurance coverage.
Fixed assets with a minimum value established by the Board that have a useful life of one year or more and physical characteristics not appreciably affected by use or consumption will be inventoried and recorded on an annual basis. Fixed assets will include land, buildings, equipment and materials.
The Board will establish a dollar threshold as a basis for considering which fixed assets are to be depreciated. Such threshold will ensure that at least 80% of the value of all assets is reported. However, it is recommended that such threshold will not be greater than $5,000. A standardized depreciation method and averaging convention will also be established for depreciation calculations.
Fixed assets acquired having a value equal to or greater than the established threshold are considered depreciable assets and will be inventoried for the purposes of GASB 34 accounting practices and placed on a depreciation schedule according to its asset class and estimated useful life as stipulated by the New York State Comptroller’s Office or the Internal Revenue Service (IRS).
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 asset and will contain, where possible, the following information:
a) Date of acquisition;
c) Cost or value;
e) Asset type;
f) Estimated useful life;
g) Replacement cost;
h) Current value;
i) Salvage value;
j) Date and method of disposition; and
k) Responsible official.
The School Business Official will arrange for the annual inventory and appraisal of District property, equipment and material. Any discrepancies between an inventory and the District’s property records on file should be traced and explained.
Equipment Acquired Under a Federal Government Grant
The District will 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 extraclassroom activity funds will reside with the District and be carried as an insurable asset on its list of insurable values. Such equipment will be tagged as District property but is available for exclusive use by the extraclassroom activity club acquiring the item.
34 Code of Federal Regulations (CFR) 80.32
FACILITIES: INSPECTION, OPERATION AND MAINTENANCE
Operation and Maintenance
The Superintendent is charged with the responsibility for administering plant operations in the most efficient and economical manner possible, while placing high priority on health and safety of students and conservation of natural resources.
The Board, through the Superintendent and his or her staff, has the responsibility of protecting the District investment in plant and facilities through a systematic maintenance program.
It is expected that the program will include periodic preventive maintenance activities, long-range maintenance schedules and emergency repair procedures. It is further expected that all maintenance work will be carried out in a manner that will cause the least interference with the educational program.
Construction and Remodeling of School Facilities
All capital projects and maintenance must assure compliance with the requirements of the New York State Uniform Fire Prevention and Building Code, the Manual of Planning Standards and the Regulations of the Commissioner of Education. All new buildings must be formally submitted no matter the size or cost. The New York State Education Department Office of Facilities Planning has provided an Instruction Guide at http://www.emsc.nysed.gov/facplan/ProjMgmt.htm.
Plans and specifications for the erection, enlargement, repair or remodeling of facilities of the District will be submitted to the Commissioner when the contemplated construction costs of such work are $10,000 or more, and for all projects affecting the health and safety of students.
Plans and specifications submitted to the Commissioner will bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications will also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1220 through 1226) and the State Energy Conservation Construction Code (19 NYCRR Part 1240).
For remodeling or construction projects costing $5,000 or more, the District will assure compliance with the requirements of the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1220 through 1226) and Commissioner’s Regulations Part 155, and will retain the services of an architect or engineer licensed to practice in New York State.
For remodeling or construction projects costing less than $5,000, the District will assure compliance with the requirements of the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1220 through 1226) and Commissioner’s Regulations Part 155.
The administration of the School System will cooperate with appropriate officials conducting health, fire, asbestos, vehicle, and boiler inspections. The administration will keep the Board informed of the results of such inspections in a timely fashion.
In accordance with law, local building inspectors may not enter District premises at any time they wish. Only the Fire Safety Inspector conducting the Annual Fire Safety Inspection may enter District premises for inspections.
In addition, per the requirements of PESH, the Asbestos Hazard Emergency Response Act (AHERA), the District will at least once each school year inform all employees and building occupants (or their legal guardians) 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. Written notice will be provided in the District calendar and will be filed in the District asbestos management plan.
Comprehensive Public School Building Safety Program (Rescue)
To ensure that all school facilities are properly maintained and preserved and provide suitable educational settings, the Board requires that all occupied school facilities which are owned, operated or leased by the District comply with the provisions of the Comprehensive Public School Safety Program and the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring as prescribed in Commissioner’s regulations. For this reason, the District will develop a Comprehensive Public School Building Safety Program in accordance with Commissioner’s regulations.
The program will be reevaluated and made current at least annually, and will include the following:
a) A five 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) Annual Visual Inspections:
1. An annual visual inspection of each occupied building and assignment of a safety rating score. The inspection committee must include a state certified code enforcement official, the District’s Facility Director or designee, and a member of the District’s Health and Safety Committee.
2. The Commissioner will require a re-inspection of school buildings where a report of inspection identified violations that, if uncorrected, would cause the department to deny an annual Certificate of Occupancy to such school building, and will require additional re-inspections until it is demonstrated to the satisfaction of the Commissioner that said violations have been corrected.
d) A building condition survey will be conducted for all occupied school buildings once every five years by a team that includes at least one licensed architect or engineer.
e) 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.
f) 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 months in advance of a construction project of $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 will 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 identification badges;
3. An opportunity for the District’s Health and Safety Committee to conduct a walk-through inspection of newly renovated or constructed areas to confirm that the area is ready to be reopened for use; and
4. An emergency plan which will address potential concerns with the capital project including, but not limited to, evacuation procedures, fire drills, and structural failures.
School Facility Report Cards
The District will prepare an annual School Facility Report Card for each occupied school building, including a description of the activities of the District’s Health and Safety Committee.
The School Facility Report Card for each building will be reviewed annually by the Board. The Board will report in a public meeting on the status of each item set forth in Commissioner’s regulations for each facility located in the District.
HAZARDOUS WASTE AND HANDLING OF TOXIC SUBSTANCES BY EMPLOYEES
The Board 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.
Pesticides and Pest Management
The Board is concerned about the potential health and safety risks posed by the indiscriminate use of pesticides in and around the schools and school children. To this end, the Board adopts the Integrated Pest Management System (IPM) as a method of trying to eliminate or significantly reduce the use of pesticides. IPM relies on the least toxic and most natural methods to control pests.
The Superintendent or the Superintendent’s designee will implement the Integrated Pest Management Program and will disseminate this policy and organize any training necessary to inform the staff about the techniques of IPM.
Since there may be instances in which the use of pesticides cannot be avoided, the District, in accordance with Department of Environmental Conservation (DEC) regulations, will maintain a copy of the label of each pesticide used in or outside the school at the school where it is being used or stored and this information will be available to anyone who requests it.
Information on pesticides will also be incorporated into the District’s Hazard Communication Standard program and the Superintendent will ensure that any potential pesticide-related emergencies and the methods for handling such emergencies are included in the district’s emergency management plan.
The Board will allow the application of fertilizers on the District’s sports fields in order to maintain the facilities in a manner that is safe for its students/staff. No fertilizers will be applied to lawn areas. When lawn and sports field areas abut, the minimal area will be treated. The application of fertilizers will only be administered in strict accordance with DEC regulations and Integrated Pest Management (IPM) principles and only by licensed certified applicators. The Board stresses the importance of having no applications done during the school day when students/staff are in buildings. Fields will be closed to students, staff and community members, with proper postings and notifications required by the DEC and Integrated Pest Management procedures for an appropriate period of time, as determined by the weather. Applications will be done at times when they will not impact students/staff to the best of the District’s abilities (e.g., before the first frost/snow, beginning of spring after snow melts, and after the end of the school year).
Hazard Communication Standard
All personnel will be provided with applicable training to comply with the New York State “Right-to-Know” Law and the Hazard Communication Standard. Both the “Right to Know” poster and the “Labor Law Information Relating to Public Employees” poster must be posted in common areas informing workers of relevant work hazards and associated rights.
The Superintendent/designee will 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 will include awareness information, employee training and record keeping.
Environmental Protection Agency, 40 Code of Federal Regulations (CFR) Parts 261 and 262
Occupational Safety and Health Administration (OSHA), 29 Code of Federal Regulations (CFR)
Labor Law Sections 875-883
Public Health Law Sections 4800-4808
6 New York Code of Rules and Regulations (NYCRR) Part 371
9 New York Code of Rules and Regulations (NYCRR) Part 1174
PEST MANAGEMENT AND PESTICIDE USE
The Board is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.
Structural and landscape pests can pose significant problems for people and property. Weeds and infestations can destroy playing fields and playgrounds and more importantly, cause severe allergic reactions. Pesticides can pose risks to people, property, and the environment. It is therefore the policy of the District to incorporate Integrated Pest Management (IPM) procedures for control of weeds, structural and landscape pests. The objective of this program is to provide necessary pest control while using the least toxic approach to all pests, weeds and infestations.
Pest/Pesticide Management Plan
The District will manage weeds and pests to:
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. 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) Meeting with a local pest control expert, such as a pesticide contractor to share information on what pest problems are present in the school.
d) Assuring that all of the expert’s recommendations on maintenance and sanitation are carried out where feasible.
e) 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 72 hours, or as required by the pesticide being used.
f) Evaluating the school’s progress in the IPM plan.
g) Notifying parents, staff and neighbors of any applications of pesticides 48 hours before they occur. The IPM Coordinator will serve as the District’s Pesticide Representative.
Pesticide Use on Common Areas
Pesticides will not be used on playgrounds, turf, athletic or playing fields, in effect, all lawn areas of the school. In these common areas where children gather and play, pesticide alternatives will be used whenever possible and effective. The prohibition does not apply to indoor use or the application to building structures.
An exception may be made for emergency applications of pesticide only when approved in advance by the Board. The Board may consult with the local Health Department on public health related emergency determinations. They may also consult with the Department of Environmental Conservation (DEC) for environmental emergency determinations.
Emergency determinations should only be sought for one-time pesticide application in a specific situation, which presents a true emergency. The guidance document from DEC provides clarification on emergency determinations. It can be found at: https://www.dec.ny.gov/regulations/76010.html
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.
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 20 feet of any surface water except:
1. Where a continuous natural vegetation buffer, at least ten 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.
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 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 48 hour prior notification can be obtained at: http://www.p12.nysed.gov/facplan/documents/PesticideNeighborNotificationGuidelineforSchools_091001.pdf
The District must also provide additional written notification to all parents and staff three times per year to inform them of any pesticide applications that have occurred: within ten days of the end of the school year, within two school days of the end of winter recess and within two days of the end of spring recess.
Records of pesticide use will be maintained on-site for three 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.
Education Law Sections 409-k, 409-h
Environmental Conservation Law Sections 17-2103, 33-0303
40 Code of Federal Regulations (CFR) Part 152.25
7 United States Code Section 136(mm), 136q(h)(2) (FIFRA)
NYCRR Part 155.4(d)(2)
Tobacco use will not be permitted and no person will use tobacco on school grounds or within 100 feet of the entrances, exits, or outdoor areas of any public or private elementary or secondary schools. However, this will not apply to smoking in a residence, or within the real property boundary lines of such residential real property. For purposes of this policy, “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 all District vehicles, including vehicles used to transport children or school personnel.
For purposes of this policy, tobacco is defined to include any lighted or unlighted cigarette, cigar, cigarillo, pipe, bidi, clove cigarette, spit/spitless tobacco and any other smoking or tobacco product, (smokeless, dip, chew, snus and/or snuff) in any form.
The use of e-cigarettes and any other products containing nicotine, except for current FDA-approved smoking cessation products, are also prohibited.
Tobacco use is prohibited by students at any school-sponsored event or activity off school grounds.
Posting/Notification of Policy
In compliance with the New York State Clean Indoor Air Act, the District will prominently post its Smoking/Tobacco Use policy and signs prohibiting all forms of tobacco products in District buildings and other appropriate locations; and will supply a copy upon request to any current or prospective employee. The District will also designate a school official to tell individuals who smoke in a non-smoking area that they are in violation of the New York State Public Health Law, Education Law, the federal Pro-Children Act of 1994 and District policy.
The District will also ensure that this policy is communicated to staff, students, parents/guardians, volunteers, and visitors as deemed appropriate in order to orient all persons to the District’s “No Smoking” Policy and environment.
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 school vehicles;
c) At school-sponsored events, including those that take place off school premises and in another state;
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 implemented in accordance with the Code of Conduct and applicable collective bargaining agreements.
In addition, tobacco advertising is also prohibited in all school-sponsored publications and at all school-sponsored events. The District will request, whenever possible, tobacco free editions of periodical publications for school libraries and classroom use.
Safe and Drug-Free Schools and Communities Act, 20 United States Code (USC) Section 7101 et seq.
Pro-Children Act of 2001, as amended by the No Child Left Behind Act of 2001, 20 United States Code (USC)
Education Law Sections 409, 2801(1) and 3020-a
Public Health Law Article 13-E
ENERGY CONSERVATION IN THE SCHOOLS
The Board recognizes the importance of energy conservation and is committed to the analysis, development, and initiation of conservation measures throughout the District for the purpose of reducing energy consumption, particularly in these times of declining levels of natural energy resources and increasing cost of these resources. The Board maintains an aggressive and responsible program to reduce consumption of energy by its facilities and to provide education to both staff and students on the conservation of energy.
The District is committed to an energy conservation program that addresses not only capital-related energy projects but ongoing, day-to-day energy related issues as well. All staff are urged to participate actively in a program of energy conservation by assisting in the efforts to eliminate the wasteful use of energy in the operation of the District’s buildings. Cooperation will be required of each employee and each student to achieve a meaningful energy conservation program that results in a more efficient use of energy resources. Involvement of staff and students is essential to a successful program of energy conservation.
The Director of Facilities and Operations is designated as the Energy Manager of the District and he or she will report directly to the Board and the Superintendent, or their designee, on matters pertaining to energy conservation.
Energy Conservation Task Force
The Board further directs the Superintendent to establish an energy conservation task force consisting of at least two Board members, the Superintendent, the School Business Official, the Director of Facilities and Operations, and such other individual(s) as may be deemed necessary. The duties of this task force will include, but are not limited to, the following:
a) Analyzing the District’s energy consumption patterns and cost data;
b) Selecting and recommending to the Board an energy audit or technical assistance study to determine where the District can save;
c) Consider financing energy improvements with an energy performance contract. A technical assistance study can evaluate a proposed performance contract before the District enters into an agreement;
d) Consider cost savings from cooperative purchasing arrangements with other municipalities and school districts.
Progress reports on the implementation of energy conservation measures will be made to the Board at least annually.
Minimum Indoor Air Temperature
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, which requires that indoor occupiable work spaces be maintained at a minimum temperature of 65 degrees from September 14 to May 31 during the period the spaces are occupied. There are exceptions for areas of vigorous physical activities such as gymnasiums as well as processing spaces such as coolers or freezers. However, by law, code or regulation there is no maximum temperature specified. Ventilation requirements only require fresh air, not cool air-conditioning.
The energy conservation program is an important factor to be considered in planning effective use of school facilities, new construction, remodeling or rehabilitation programs, and modernization projects.
Environmental Conservation Law Sections 27-2101- 27-2117
General Municipal Law Section 120-aa
19 New York State Code of Rules and Regulations (NYCRR) Sections 1221-1228 and Section 1240
Energy Conservation Code of New York State 2007
SCHOOL FOOD SERVICE PROGRAM (LUNCH AND BREAKFAST)
School Food Service Program (Lunch and Breakfast)
The Board has entered into an agreement with the New York State Education Department to participate in the National School Lunch Program, School Breakfast Program and/or Special Milk Program to receive commodities donated by the Department of Agriculture and to accept responsibility for providing free and reduced price meals to elementary and secondary students in the schools of the District.
The Superintendent or designee will have the responsibility to carry out the rules of the School Lunch and Breakfast Programs. The determination of which students are eligible is the responsibility of the Reviewing Official and Verification Official. Appeals regarding eligibility should be submitted to the Hearing Official of the District.
Free or reduced price meals may be allowed for qualifying students attending District schools upon receipt of a written application from the student’s parent or guardian or a “Direct Certification” letter from the New York State Office of Temporary and Disability Assistance (OTDA). Applications will be provided by the District to all families.
Procedures for the administration of the free and reduced price meal program of this District will be the same as those prescribed in current state and federal laws and regulations.
Child Nutrition Program/Charging Meals
Although not required by law, because of the District’s participation in the Child Nutrition Program, the Board approves the establishment of a system to allow a student to charge a meal. The Board authorizes the Superintendent to develop rules which address:
a) What can be charged;
b) The limit on the number of charges per student;
c) The system used for identifying and recording charged meals;
d) The system used for collection of repayments; and
e) Ongoing communication of the policy to parents and students.
Restriction of Sweetened Foods in School
The sale of sweetened foods will be prohibited from the beginning of the school day until the end of the last scheduled meal period.
Sweetened foods consist of sweetened soda water, chewing gum, candy, including hard candy, jellies, gum, marshmallow candies, fondant, licorice, spun candy, candy coated popcorn, and water ices except those which contain fruit or fruit juices.
Restrictions on Sale of Milk Prohibited
Schools that participate in the National School Lunch Program may not directly or indirectly restrict the sale or marketing of fluid milk products at any time or in any place on school premises or at school-sponsored events.
Food Substitutions for Children with Disabilities
Federal regulations governing the operation of Child Nutrition Programs, Part B of the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act of 1973 require that children with disabilities be offered the opportunity to participate in all academic and nonacademic activities including the school nutrition programs. The District will make reasonable accommodations to those children with disabilities whose disabilities restrict their diets, such as providing substitutions and/or modifications in the regular meal patterns. Such meal substitutions for students with disabilities will be offered at no extra charge. A student with a disability must be provided substitutions in food when that need is supported by a statement signed by a physician attesting to the need for the substitutions and recommending alternate foods.
However, the school food service is not required to provide meal services (for example, School Breakfast Program) to students with disabilities when the meal service is not normally available to the general student body, unless a meal service is required under the student’s individualized education program (IEP) or Section 504 Accommodation Plan as mandated by a physician’s written instructions.
Food Substitutions for Nondisabled Children
Though not required, the District will also allow substitutions for non-disabled children who are unable to consume the regular meal because of medical or other special dietary needs if the request is supported by a statement signed by a recognized medical authority.
The District may also allow substitutions for fluid milk with a non-dairy beverage that is nutritionally equivalent (as established by the Secretary of Agriculture) to fluid milk and meets nutritional standards for students who are unable to consume fluid milk because of medical or other special dietary needs if the request is supported by a statement signed by a recognized medical authority or by the student’s parent or legal guardian.
Prohibition Against Adults Charging Meals
Adults should pay for their meals at the time of service or set up pre-paid accounts.
HACCP-Based Food Safety Program
Schools participating in the National School Lunch and/or School Breakfast programs are required to implement a food safety program based on Hazard Analysis and Critical Control Point (HACCP) principles. The District must develop a written food safety program for each of its food preparation and service facilities that is based on either traditional HACCP principles or the “Process Approach” to HACCP. (The “Process Approach” simplifies traditional HACCP by grouping foods according to preparation process and applying the same control measures to all menu items within the group, rather than developing an HACCP plan for each item.) Regardless of the implementation option that is selected, the District’s written food safety program must also include: critical control points and critical limits; monitoring procedures; corrective actions; verification procedures; recordkeeping requirements; and periodic review and food safety program revision.
Child Nutrition and WIC Reauthorization Act of 2004, PL 108-265
Child Nutrition Act 1966, 42 United States Code (USC) Section 1771 et seq.
Richard B. Russell National School Lunch Act 1946, 42 United States Code (USC) Section 1751 et seq. Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq
Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Sections 1400-1485
7 Code of Federal Regulations (CFR) Parts 15B, 210 and 220
Education Law Sections 902(b), 915, 918, 1604(28), 1709(22), 1709(23) and 2503(9)(a)
8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(1) and 200.2(b)(2)
The Pine Bush Central School District is committed to providing a school environment that promotes and protects children’s health, 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. The District Wellness Committee includes, but is not limited to, representatives from each of the following groups:
c) Physical Education teachers;
d) School health professionals;
e) The District’s food service program;
f) The Board;
g) School administrators; and
h) Members of the public.
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, and taught at every grade level, K through 12. Nutrition instruction will follow applicable New York State Standards and be designed to help students acquire:
1. Nutrition knowledge, including, but not limited to: the benefits of healthy eating; essential nutrients; nutritional deficiencies; principles of healthy weight management; the use and misuse of dietary supplements; and safe food storage, handling, and preparation.
2. Nutrition related skills, including, but not limited to: planning healthy meals; understanding and using food labels; critically evaluating nutrition information, misinformation, and commercial food advertising; assessing personal eating habits; and setting and achieving goals related to these concepts.
b) Education, marketing, and promotion
1. As appropriate, the District will promote nutrition education activities that involve parents, students, and the community.
2. The District will promote school and community awareness of this policy through various means, such as a publication on the District website.
3. The District will encourage and promote wellness through social media, newsletters, and an annual family wellness event.
4. Marketing and advertising on school campuses during the school day will be consistent with nutrition education and health promotion. As such, schools will restrict food and beverage marketing to the promotion of those foods and beverages that meet the nutrition standards set forth by the Healthy, Hunger-Free Kids Act’s Smart Snacks in School Rule.
5. The District is cognizant of the fact that certain scoreboards, signs, and other durable equipment it employs may market foods and beverages in a way that is inconsistent with the aims of this policy. While the immediate replacement of such equipment may be impossible due to existing contracts or prohibitive costs, the District will consider replacing or updating such equipment over time to ensure the message it delivers to students regarding nutrition, health, and well-being is consistent.
c) Additional provisions
1. Parents will be encouraged to send in healthy treats for classroom celebrations.
2. School personnel are strongly discouraged from using food as a reward or withholding food as punishment under any circumstance.
a) The Pine Bush Central School District will provide opportunities for every student to participate in physical education and to be involved in physical activities. In doing so, the District aims to promote among students the development of knowledge and skills for specific physical activities, the maintenance of physical fitness, regular participation in physical activity, and an understanding of the short-term and long-term benefits from a physically active and healthy lifestyle.
b) The District will ensure that the following standards are met to achieve its goals relative to physical education and physical activity:
1. The District will have a Board-approved Physical Education Plan on file with the New York State Education Department that includes at minimum:
(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.
2. The District recognizes the importance of physical education classes in providing students with meaningful opportunities for physical exercise and development. Consequently, the District will ensure:
(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) Interscholastic sports, intramural sports, and recess do not serve as substitutes for a quality physical education program;
(d) Students are afforded the opportunity to participate in moderate to vigorous activity for at least 60% of physical education class;
(e) It provides adequate space and equipment for physical education and conforms to all applicable safety standards;
(f) A sequential physical education course of study consistent with national standards for physical education is implemented, with a focus on students’ development of motor skills, movement forms, and health-related fitness;
(g) A physical and social environment is provided that encourages safe and enjoyable activity for all students, including those who are not athletically gifted;
(h) 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);
(i) All students, including students in need of adaptive physical education, will be encouraged to participate in physical fitness programs and competitions.
3. All students will be required to fulfill the physical education requirements set forth in the Commissioner’s regulations as a condition of graduating from the District’s schools.
c) All classroom teachers, and particularly those engaged in the instruction of K through 5 students, 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 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 himself or 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
1. The District will participate to the maximum extent practicable in available federal school meal programs (including the School Breakfast Program, National School Lunch Program, and Summer Food Service Program). Food served through these programs will meet all applicable federal and state standards.
2. The District will ensure that food service directors, managers, and staff are provided with annual professional development in the areas of food and nutrition consistent with USDA Professional Standards for State and Local Nutrition Programs. District food service staff will meet with students in grades 4 through 12 twice annually to solicit feedback on the school breakfast and/or school lunch program(s).
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:
1. School dining areas have sufficient space for students to sit and consume meals.
2. School dining areas are clean, safe, and pleasant environments that reflect the social value of eating.
3. Enough serving areas are provided to ensure student access to school meals with a minimum of wait time.
4. All students have a scheduled lunch period.
5. Lunch times are scheduled near the middle of the school day.
6. Students are given adequate time to eat healthy meals.
7. Students and staff have access to free, safe, and fresh drinking water throughout the school day and where school meals are served.
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 develop, enhance, and continue 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.
In an effort to encourage healthy life-long eating habits by providing foods that are high in nutrients, low in fat and added sugars, and of moderate portion size, the District Wellness Committee will recommend nutrition standards to be set for all foods and beverages available on school campus. For purposes of this section, the school day is defined as the period from the midnight before, to 30 minutes after the end of the official school day.
School meals will, at a minimum, meet the program requirements and nutrition standards of the School Breakfast and National School Lunch Programs.
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 by promoting the sale of healthy food items (fresh fruit and produce) and/or non-food items, such as water bottles, plants, etc., and by promoting events involving physical activity.
c) School administrators, with the assistance of the District Wellness Committee, will create and promote a list of approved fundraising activities. All fundraisers taking place during the school day must be approved by the appropriate building principal prior to their being conducted.
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.
Foods and Beverages Sold or Served at Events Outside of the School Day
a) All foods and beverages sold or served at school-sponsored events will be a single serving.
b) At events where food and beverages are sold, 50% of items sold must meet the USDA Healthy, Hunger-Free Kids Act “Smart Snacks in Schools” Standards.
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:
Superintendent, Director of Food Service, Director of Health and Physical Education,and Nurse Chairperson
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:
1. The website address for the wellness policy and/or information on how the public can access a copy;
2. A description of each school’s progress in meeting the wellness policy goals;
3. A summary of each school’s local school wellness events or activities;
4. Contact information for the leader(s) of the Wellness Committee; and
5. Information on how individuals can get involved in the Wellness Committee’s work.
Such report will be provided to the Board 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:
1. Compliance with the wellness policy;
2. How the wellness policy compares to model wellness policies; and
3. Progress made in attaining the goals of the wellness policy.
g) The District will, as necessary, revise this wellness policy and develop work plans to facilitate its implementation.
A Records Management Officer will be designated by the Superintendent, subject to the approval of the Board. Such Records Management Officer will coordinate the development of and oversee a program for the orderly and efficient management of records, including the legal disposition or destruction of obsolete records, and be given the authority and responsibility to work with other local officials at all levels in the development and maintenance of the records management program.
In addition, a Records Advisory Board may be created to assist in establishing and supporting the records management program. The District’s legal counsel, the fiscal officer, and the Superintendent/designee may comprise the Advisory Board.
Retention and Disposition of Records
The Superintendent will retain records for such a period and dispose of them in the manner described in Records Retention and Disposition Schedule ED-1, established in accordance with Part 185, Title VIII of the Official Compilation of Codes, Rules and Regulations of the State of New York and Article 57-A of the Arts and Cultural Affairs Law.
Special Approvals for Disposition of Records Not Included in Schedule/Records Damaged by Natural or Manmade Disasters
Records not listed on a records retention and disposition schedule will not be disposed of without the approval of the Commissioner of Education.
Records that have been damaged by natural or manmade disaster and constitute a human health or safety risk also require the Commissioner’s prior approval before disposition.
Replacing Original Records with Microforms or Electronic Images
Digital images of public records may be stored on electronic media, and such electronic records may replace paper originals or micrographic copies of these records. To ensure accessibility and intelligibility for the life of these records, the District will follow the procedures prescribed by the Commissioner of Education.
Retention and Preservation of Electronic Records
The District will ensure that records retention requirements are incorporated into any plan and process for design, redesign, or substantial enhancement of an information system that stores electronic records.
Arts and Cultural Affairs Law Section 57.19
8 New York Code of Rules and Regulations (NYCRR) Part 185
DISPOSAL OF CONSUMER REPORT INFORMATION AND RECORDS
In accordance with the Federal Trade Commission’s (FTC) “Disposal Rule,” and in an effort to protect the privacy of consumer information, reduce the risk of fraud and identity theft, and guard against unauthorized access to or use of the information, the District will take appropriate measures to properly dispose of sensitive information (i.e., personal identifiers) contained in or derived from consumer reports and records. Any employer who uses or possesses consumer information for a business purpose is subject to the Disposal Rule. According to the FTC, the standard for proper disposal of information derived from a consumer report is flexible, and allows the District to determine what measures are reasonable based on the sensitivity of the information, the costs and benefits of different disposal methods, and changes in technology.
The term “consumer report” will include information obtained from a consumer reporting company that is used – or expected to be used – in establishing a consumer’s eligibility for employment or insurance, among other purposes. The term “employment purposes” when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
The FTC Disposal Rule defines “consumer information” as “any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report. Consumer information also means a compilation of such records. Consumer information does not include information that does not identify individuals, such as aggregate information or blind data.”
Information Covered by the Disposal Rule
The FTC has not included a rigid definition of the kinds of information that would be considered to identify particular individuals. In accordance with FTC guidance, there are a variety of personal identifiers beyond simply a person’s name that would bring information within the scope of the Disposal Rule, including, but not limited to, a social security number, driver’s license number, phone number, physical address, and email address. Depending upon the circumstances, data elements that are not inherently identifying can, in combination, identify particular individuals.
The FTC Disposal Rule defines “dispose,” “disposing,” or “disposal,” as:
a) “The discarding or abandonment of consumer information,” or
b) “The sale, donation, or transfer of any medium, including computer equipment, upon which consumer information is stored.”
The District will utilize disposal practices that are reasonable and appropriate to prevent the unauthorized access to – or use of – information contained in or derived from consumer reports and records. Reasonable measures to protect against unauthorized access to or use of consumer information in connection with District disposal include the following examples. These examples are not exclusive or exhaustive methods for complying with the Disposal Rule.
a) Burning, pulverizing, or shredding of papers containing consumer information so that the information cannot practicably be read or reconstructed.
b) Destroying or erasing electronic media containing consumer information so that the information cannot practicably be read or reconstructed.
c) After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material, specifically identified as consumer information, in a manner consistent with the Disposal Rule. In this context, due diligence could include:
1. Reviewing an independent audit of the disposal company’s operations and/or its compliance with the Disposal Rule;
2. Obtaining information about the disposal company from several references or other reliable sources;
3. Requiring that the disposal company be certified by a recognized trade association or similar third party;
4. Reviewing and evaluating the disposal company’s information security policies or procedures;
5. Taking other appropriate measures to determine the competency and integrity of the potential disposal company; or
6. Requiring that the disposal company have a certificate of registration from the New York Department of State issued on or after October 1, 2008.
d) For persons (as defined in accordance with the Fair Credit Reporting Act) or entities who maintain or otherwise possess consumer information through their provision of services directly to a person subject to the Disposal Rule, monitoring compliance with policies and procedures that protect against unauthorized or unintentional disposal of consumer information, and disposing of such information in accordance with examples a) and b) above.
Implementation of Practices and Procedures
The Board delegates to the Superintendent/designee(s) the authority and responsibility to review current practices regarding the disposal of consumer information; and to implement such further reasonable and appropriate procedures, including staff training as necessary, to ensure compliance with the FTC’s Disposal Rule.
The Fair Credit Reporting Act, 15 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
General Business Law Article 39-G
INFORMATION SECURITY BREACH AND NOTIFICATION
The District values the protection of private information of individuals in accordance with applicable law and regulations. Further, the District is required to notify affected individuals when there has been or is reasonably believed to have been a compromise of the individual’s private information in compliance with the Information Security Breach and Notification Act and Board policy.
a) “Private information” will mean **personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:
1. Social security number;
2. Driver’s license number or non-driver identification card number; or
3. Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual’s financial account.
“Private information” does not include publicly available information that is lawfully made available to the general public from federal, state or local government records.
**”Personal information” will mean any information concerning a person which, because of name, number, symbol, mark or other identifier, can be used to identify that person.
b) “Breach of the security of the system,” will mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the District. Good faith acquisition of personal information by an employee or agent of the District for the purposes of the District is not a breach of the security of the system, provided that private information is not used or subject to unauthorized disclosure.
Determining if a Breach Has Occurred
In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or person without valid authorization, the District may consider the following factors, among others:
a) Indications that the information is in the physical possession or control of an unauthorized person, such as a lost or stolen computer or other device containing information; or
b) Indications that the information has been downloaded or copied; or
c) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported; or
d) System failures.
a) For any computerized data owned or licensed by the District that includes private information, the District will disclose any breach of the security of the system following discovery or notification of the breach to any New York State resident whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure to affected individuals will be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The District will consult with the State Office of Information Technology Services to determine the scope of the breach and restoration measures.
b) For any computerized data maintained by the District that includes private information which the District does not own, the District will notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization.
The notification requirement may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The required notification will be made after the law enforcement agency determines that such 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:
a) Written notice;
b) Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and a log of each such notification is kept by the District when notifying affected persons in electronic form. However, in no case will the District require a person to consent to accepting such notice in electronic form as a condition of establishing any business relationship or engaging in any transaction;
c) Telephone notification, provided that a log of each such notification is kept by the District when notifying affected persons by phone; or
d) Substitute notice, if the District demonstrates to the State Attorney General that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds 500,000, or that the District does not have sufficient contact information. Substitute notice will consist of all of the following:
1. Email notice when the District has an email address for the subject persons;
2. Conspicuous posting of the notice on the District’s website page, if the District maintains use; and
3. Notification to major statewide media.
Regardless of the method by which notice is provided, the notice will include contact information for the notifying District and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired.
In the event that any New York State residents are to be notified, the District will notify the New York State Attorney General (AG), the New York State Division of Consumer Protection, and the New York State Office of Information Technology Services as to the timing, content and distribution of the notices and approximate number of affected persons.
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 defined in accordance with State Technology Law Section 208, as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice will be made without delaying notice to affected New York State residents. A list of consumer reporting agencies will be compiled by the State Attorney General and furnished upon request to school districts required to make a notification in accordance with State Technology Law Section 208(2), regarding notification of breach of security of the system for any computerized data owned or licensed by the District that includes private information.
State Technology Law Sections 202 and 208
EMPLOYEE PERSONAL IDENTIFYING INFORMATION
In accordance with Section 203-d of the New York State Labor Law, the District will restrict the use and access to employee personal identifying information. As enumerated in law, “personal identifying information” will 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 will 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 will not be used as an identification number for purposes of any occupational licensing.
District staff will have access to this policy, informing them of their rights and responsibilities in accordance with Labor Law Section 203-d. District procedures for safeguarding employee “personal identifying information” will be evaluated; and employees who have access to such information as part of their job responsibilities will be advised as to the restrictions on release of such information in accordance with law.
Labor Law Section 203-d
SAFETY AND SECURITY
The Board of the Pine Bush Central School District hereby declares that it is the policy of this 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 will be the responsibility of the Superintendent to establish and carry out written regulations that will:
a) Identify those staff members who will be responsible for the effective administration of the regulations;
b) Provide staff time and other necessary resources for the effective administration of the regulations;
c) Establish periodic written review of the activities of the staff to ensure compliance with applicable laws and regulations;
d) Provide an on-going mechanism for the effective review of safety and security concerns of the staff, students and affected public;
e) Provide for reports to the Board regarding the significant aspects of safety and security of the District.
Labor Law Section 27-a
12 New York Code of Rules and Regulations (NYCRR) Part 820, Article 28
SCHOOL SAFETY PLANS
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 will be designed to prevent or minimize the effects of serious 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 by the appropriate team on at least an annual basis and updated as needed by September I. Specifically, the Board will make each District-wide school safety plan available for public comment at least 30 days prior to its adoption. The District-wide school safety plans 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. Additionally, the District-wide school safety plan will designate the Superintendent or designee as the chief emergency officer responsible for coordinating communication between school staff and law enforcement and first responders, and for ensuring staff understanding of this plan. Similarly, the Superintendent will be responsible for ensuring the completion and yearly updating of building-level emergency response plans.
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 team will include, but not be limited to, representatives of the Board, teacher, administrator, and parent organizations, school safety personnel, and other school personnel.
The plan will further address, among other items as set forth in Education Law and Commissioner’s regulations, how the District will respond to implied or direct threats of violence by students, teachers, other school personnel as well as visitors to the school, including threats by students against themselves (e.g. suicide).
Building-Level Emergency Response Plan
Building-level emergency response plan means a 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).
The building-level emergency response plan 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 team will include, but not be limited to, representatives of teacher, administrator, and parent organizations, school safety personnel and other school personnel, community members, law enforcement officials, fire officials, or other emergency response agencies, and any other representatives the Board deems appropriate.
The District will submit certification to the New York State Education Department that all District and school staff have received annual training on the emergency response plan, and that this training included components on violence prevention and mental health. 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.
The District will file a copy of its District-wide school safety plan and any amendments with the Commissioner of Education no later than 30 days after its adoption. A copy of each building-level emergency response plan and any amendments will be filed with the appropriate local law enforcement agency and with the state police within 30 days of its adoption. Building-level emergency response plans will be kept confidential and are not subject to disclosure under the Freedom of Information Law (FOIL) or any other provision of law.
Homeland Security Presidential Directives – HSPD-5, HSPD-8
Homeland Security Act of 2002, 6 USC § 101
Education Law§§ 807, 2801-a
Public Officers Law Article 6
8 NYCRR § 155.17
CARDIAC AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs) IN PUBLIC SCHOOL FACILITIES
The District will 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 will 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 District where instruction is provided to students in accordance with its curriculum.
Whenever an instructional 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 will 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 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 District facility, District officials will 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.
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 in accordance with Public Health Law Section 3000-b and subject to the Public Health Law requirements and limitations.
Therefore, it is the policy of our 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.
The District will post a sign or notice at the main entrance to the facility or building in which the AED unit(s) is stored, indicating the exact location where the unit(s) is stored or maintained on a regular basis.
In accordance with Public Health Law Sections 3000-a and 3000-b, the District (as a public access defibrillation provider), or any employee or other agent of the 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, will not be liable for damages for injury or death unless caused by gross negligence.
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
FIRE AND EMERGENCY DRILLS, BOMB THREATS, AND BUS EMERGENCY DRILLS
The administration of each school building shall provide instruction for and training of students.
Fire and emergency drills will be held at least 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.
At least two additional drills will be held during summer school in buildings where summer school is conducted and one of these drills will be held during the first week of summer school.
The building principal or designee will require those in charge of after-school programs, attended by any individuals unfamiliar with that school building, to announce at the beginning of such programs the procedures to be followed in the event of an emergency.
School Bomb Threats
A bomb threat, even if later determined to be a hoax, is a criminal act. No bomb threat should be treated as a hoax when it is first received. The school has an obligation and responsibility to ensure the safety and protection of the students and other occupants upon the receipt of any bomb threat. This obligation must take precedence over a search for a suspect object. Prudent action is dependent upon known information about the bomb threat location, if any; time of detonation; etc. Specific procedures can be found in the building-level emergency response plan, as required by relevant law and regulation.
Police Notification and Investigation
A bomb threat to a school is a criminal act, which is within the domain and responsibility of law enforcement officials. Appropriate state, county and/or local law enforcement agencies must be notified of any bomb threat as soon as possible after the receipt of the threat. Law enforcement officials will contact, as the situation requires, fire and/or county emergency coordinators according to the county emergency plan.
The Board of Education directs the Superintendent or designee to develop written procedures to implement the terms of this policy. Additionally, these procedures are to 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 pursuant to law and/or regulation.
Bus Emergency Drills
The Board of Education directs the administration to conduct a minimum of three 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 instruction in all topics mandated by Education Law and Commissioner’s regulations and will include, but will not be 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) The location, use and operation of the emergency fire door, fire extinguishers, first aid equipment and windows as a means of escape in case of fire or accident;
c) Orderly conduct as bus passengers.
Instruction on Use of Seat Belts
When a school bus is equipped with seat safety belts, the District will ensure that all students who are transported on such school bus owned, leased, or contracted for by the District will receive instruction on the use of seat safety belts. Such 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 the seat safety belts when not in use.
Education Law §§ 807, 2801-a and 3623
Penal Law §§ 240.55, 240.60 and 240.62
8 NYCRR §§ 155.17, 156.3(f), 156.3(g), and 156.3(h)(2)
EXPOSURE CONTROL PROGRAM
The District will establish an exposure control program designed to prevent and control exposure to bloodborne pathogens. According to the New York State Department of Labor’s Division of Safety and Health and Occupational Safety and Health Administration (OSHA) standards, the program will consist of:
a) Guidelines for maintaining a safe, healthy school environment to be followed by staff and students alike.
b) Written standard operating procedures for blood/body fluid clean-up.
c) Appropriate staff education/training.
d) Evaluation of training objectives.
e) Documentation of training and any incident of exposure to blood/body fluids.
f) A program of medical management to prevent or reduce the risk of pathogens, specifically hepatitis B and Human Immunodeficiency Virus (HIV).
g) Written procedures for the disposal of medical waste.
h) Provision of protective materials and equipment for all employees who perform job-related tasks involving exposure or potential exposure to blood, body fluids or tissues.
29 Code of Federal Regulations (CFR) Section 1910.10:30
Whenever, upon investigation and evaluation by the Director of School Health Services or other health professionals acting upon direction or referral of the director, a student in the public schools shows symptoms of any communicable or infectious disease reportable under the public health law that imposes a significant risk of infection of others in the school, he or she will be excluded from the school and sent home immediately, in a safe and proper conveyance. The Director of School Health Services will immediately notify a local public health agency of any disease reportable under the public health law.
Following absence on account of illness or from unknown cause, the Director of School Health Services may examine each student returning to a school without a certificate from a local public health officer, a duly licensed physician, physician assistant, or nurse practitioner.
The Director of School Health Services, or other health professionals acting upon direction or referral of the director, may make evaluations of teachers and any other school employees, school buildings and premises as, in their discretion, they may deem necessary to protect the health of the students and staff.
Regulations and procedures will be developed for dealing with communicable diseases in ways that protect the health of both students and staff while minimizing the disruption of the education process.
Education Law Section 906
8 New York Code of Rules and Regulations (NYCRR) Sections 136.3(h) and 136.3(i)
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES
The Board contends that a student will not be denied the right to attend school or continue his or her education nor will an employee be denied the right to continue his or her employment who has been diagnosed or identified as having a positive blood test for the antibodies to the Human Immunodeficiency Virus (HIV). The Board further contends that under current law and regulations, the disclosure of confidential HIV-related information will be strictly limited.
Administrative regulations and procedures will be developed and implemented by the administration based on recommendations from the New York State Education Department and from consultation with appropriate professional and medical staff in the District.
The Superintendent will also establish protocols for routine sanitary procedures for dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff awareness.
Public Health Law Article 27-F
ANTHRAX AND OTHER BIOLOGICAL TERRORISM: PREVENTION PROTOCOLS FOR MAIL HANDLING
The District will assess and review their protocols for handling mail or packages. Common sense and care should be used in inspecting and opening mail or packages: Whenever feasible, the opening of mail should be limited to one individual staff member in an area that is separate from other accessible areas within the school building, including the Main Office.
Additionally, precautions will be taken for those staff members responsible for handling letters or packages such as making available protective gloves to be worn when handling mail and providing appropriate training and protocols for the handling of mail and identifying suspicious envelopes or packages.
The building administrator; should limit the area and persons exposed to the threat. Immediately after identifying the threat the building administrator/designee will notify the Superintendent/designee, dial 911 and/or the local law enforcement authorities according to the procedures identified in the applicable School Safety Plan (whether District-wide or Building-level plans.) The local FBI field office and the county health department will also be notified, if not otherwise provided for the in the applicable School Safety Plan.
As far as possible, the school will attempt to limit the area and the persons exposed to the threat and will not allow anyone other than qualified emergency personnel to enter. Custodial, maintenance personnel and greeters will, follow established procedures for quickly shutting down the building(s) heating/air conditioning/and ventilation systems if possible and as may be deemed necessary.
Furthermore, the building administrator/designee will, as soon as possible, make a list of all persons who have been identified as having actual contact with the powder or other suspicious element, such as anthrax, for investigating authorities.
Administration will review and revise, as appropriate, their school safety plans; and provide information regarding applicable safety prevention and response procedures to all staff.
All threats to school buildings and/or its occupants will be treated seriously. All threats will be treated as criminal actions and measures will be taken to preserve the evidence.
Under no circumstances, will students be permitted to organize and/or handle District mail; nor will students be present in the room/area during that time that District mail is being opened by school staff.