Last Reviewed Date: 02/15/2022

Adoption Date: 07/19/1994

Revision History: 7/11/1995; 6/20/00; 1/20/04; 10/6/09; 2/27/18; 2/15/22

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 Brockport Central School. 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  and not more than fourteen 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 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.

Budget Notice

The District Clerk shall mail a School Budget Notice to all qualified voters of the District after the date of the Budget Hearing, but no later than six 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 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. The District will also include in the notice the school tax levy limit, the proposed school year tax levy (without permissible exclusions to the school tax levy limit), the total permissible exclusions, the proposed school year tax levy (including permissible exclusions to the school tax levy limit), and any other provisions as dictated by law.

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 under the existing 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:

Education Law Sections 1608(2), 1716(2), 2003(1), 2004(1), and 2601-a(2) Election and Budget Vote Education Law Sections 1804(4), 1906(1), 2002(1), 2017(5) and (6), 2022(1), and 2601-a(2) Budget Development and Attachments Education Law Sections 1608(3), (4), (5), (6), and (7); 1716(3), (4), (5), (6), and (7); 2022(2-a); and 2601-a(3) 8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(bb), 170.8, 170.9, and 170.11

Last Reviewed Date: 02/15/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 1/20/04;9/5/06;12/4/07; 2/10/09; 10/6/09; 2/27/18; 2/15/2022

Budget development is an integral part of program and activity planning of the Brockport Central School District. The budget development process should provide opportunities for public information and feedback.

The Superintendent of Schools will have overall responsibility for budget preparation, including the construction of and adherence to a budget calendar.

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 to use available resources to achieve the approved educational objectives of the school. Program budgets and school budgets will reflect state and federal requirements, special sources of funding, and District objectives and priorities.

The Board of Education will consider budget requests, and will review allocations for appropriateness and for their consistency with the District's educational priorities.

Budget documents for distribution to the public shall be clear and organized and contain sufficient detail to adequately inform the public regarding estimated revenues, proposed expenditures, transfers to other funds, fund balance information, and changes in such information from the prior year's budget.

In accordance with Commissioner's Regulations, the budget will be presented in three components which are to be voted upon as one proposition:

1. A program component which shall include, but need not be limited to, all program expenditures of the 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; 
2. 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; all facilities costs of the District, including facilities lease expenditures, the annual debt service and total debt for all facilities financed by bonds and notes of the District, and the costs of construction, acquisition, reconstruction, rehabilitation or improvement of school buildings; and 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 all expenditures associated with custodial salaries and benefits, service contracts, supplies, utilities, and maintenance and repairs of school facilities; and
3. 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, superintendents of schools and deputy, assistant, associate or other superintendents under all existing employment contracts or collective bargaining; all expenditures associated with the operation of the Board of Education, 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 shall append to the proposed budget the following documents: 

1. A detailed statement of the proposed total compensation to be paid to the Superintendent of Schools, and any Assistant Superintendent or Assistant to the Superintendent of Schools, including a delineation of the salary, annualized cost of benefits and any in-kind or other form of remuneration;
2. 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;
3. A School District Report Card, prepared pursuant to Commissioner's Regulations, which includes measures of the academic performance of the District, on a school by school basis, and measures of the fiscal performance of the District;
4. A Property Tax Report Card prepared in accordance with law and Commissioner's Regulations (see subheading Property Tax Report Card); and
5. A Tax Exemption Report prepared in accordance with law (see subheading Tax Exemption Report). 

The Board shall attest that 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. 

The proposed budget for the ensuing school year shall be reviewed by the Board 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. 

Property Tax Report Card

Each year, the Board 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:

1. 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 District budget for the preceding school year;
2. The projected enrollment for the school year for which the budget is prepared, and the percentage change in enrollment from the previous year; and
3. 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;
4. The projected amount of the adjusted unrestricted 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 District budget for the preceding school year, the percentage of the District budget for the preceding school year that the actual adjusted unrestricted fund balance represents, and a schedule of reserve funds providing the name of each reserve fund, a description of its purpose, the balance as of the close of the third quarter of the current fiscal year, and a brief statement explaining any plans for the use of each reserve fund for the ensuing fiscal year; and
5. 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 each year. If a voter override of the tax levy limit is necessary, the budget vote must be approved by sixty percent 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 NYSED 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, but no later than the third Tuesday in May.

Tax Exemption Report

A Tax Exemption Report shall be attached 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:

1. How much of the total assessed value of the final assessment roll(s) used in the budgetary process is exempt from taxation;
2. Every type of exemption granted as identified by statutory authority;
3. 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;
4. 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
5. 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 by the District for public notice.

Policy References:

Education Law Sections 1608(3)-(7), 1716(3)-(7), 2022(2-a), 2601-a(3) and 2601-a(7) General Municipal Law Section 36 Real Property Tax Law Sections 495 and 1318 (1) 8 New York Code of Rules and Regulations (NYCRR) Sections 170.8, 170.9 and 170.11 State Education Department Handbook No. 3 on Budget

Last Reviewed Date: 03/05/2024

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 2/27/18; 2/15/22; 03/05/24

The Board of Education shall review the recommended budget of the Superintendent of Schools and shall seek public input and feedback regarding the recommended budget. The Board may modify the recommended budget of the Superintendent prior to its submission to the voters of the Brockport Central School District. 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 such budget, or any proposition(s) involving the expenditure of money for that school year, shall 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 for public notice.

Contingency Budget

If a proposed budget or individual proposition is not approved at the Annual District Meeting and Election, the Board may resubmit this same budget or proposition, or a revised budget for voter approval 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.

Policy References:

Education Law Sections 1608, 1716, 1804(4), 1906(1), 2002(1), 2003(1), 2004(1), 2022, 2023, and 2601-a 8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(bb), 170.8, 170.9, and 170.11

Last Reviewed Date: 03/05/2024

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 2/27/18; 2/15/22; 03/05/24

The Chief Financial Officer of the Brockport Central School District shall be the Assistant Superintendent for Business, who shall be responsible to the Board of Education for the administration of the budget. This includes, but is not limited to:

1. Acquainting District employees with the final provisions of the program budget and guiding them in planning to operate efficiently and economically within these provisions; and
2. Providing direction to the District in maintaining such records of accounting control as are required by the New York State Uniform System of Accounts for School Districts, the Board, and such other procedures as are deemed necessary and shall keep the various operational units informed through periodic reports as to the status of their individual budgets.

Unless otherwise provided by law, no claim against the District will be paid unless that claim has been audited and approved by the Board or authorized claims auditor.

Budget Transfers

Within limits as established by the Board, the Superintendent of Schools is authorized to transfer funds within the budget. Whenever transfers are made, they shall be reported to the Board during a regular meeting.

Policy References:

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)

Last Reviewed Date: 02/15/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 4/24/18; 2/15/22

The Treasurer will have custody of all funds of the Brockport Central School District in accordance with the provisions of state law. The Treasurer will be authorized and directed by the Board of Education 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)

Last Reviewed Date: 10/15/24

Adoption Date: 02/02/1988

Revision History: 7/19/1994; 6/20/00; 4/24/18; 2/15/22; 10/15/24

Whenever the Brockport Central School 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 Assistant Superintendent for Business to invest such funds in accordance with all applicable laws and regulations and in conformity with the guidelines established by this policy.

Objectives

The District investment shall be guided by the following principles:

1. Investments shall be made in a manner so as to safeguard the funds of the District;
2. Bank deposits shall be made in a manner so as to safeguard the funds of the District;
3. Investments shall be sufficiently liquid so as to allow funds to be available as needed to meet the obligations of the District; and
4. Funds shall be invested in such a way as to earn the maximum yield possible given the first three investment objectives.

Authorization

The authority to deposit and invest funds is delegated to the Assistant Superintendent for Business. 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 Assistant Superintendent for Business may invest funds in the following eligible investments:

1. Obligations of the State of New York;
2. Obligations of the United States Government, or any obligations for which principal and interest are fully guaranteed by the United States Government;
3. Time Deposit Accounts placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law;
4. Transaction accounts (demand deposits) both interest bearing and non-interest bearing that do not require notice of withdrawal placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law;
5. Certificates of Deposits placed in a commercial bank authorized to do business in the State of New York providing the Certificates are collateralized as required by law, provided
   1. Deposits in excess of the amount insured by the Federal Deposit Insurance Company will be secured in accordance with subdivision 3 of the General Municipal Law Section 10(2)(a)(ii), and
   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); or
6. 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).

Implementation

Using the policy as a framework, regulations and procedures shall be developed which reflect:

1. A list of authorized investments;
2. Procedures including a signed agreement to ensure the District's financial interest in investments;
3. Standards for written agreements consistent with legal requirements;
4. Procedures for the monitoring, control, deposit and retention of investments and collateral which shall be done at least once a month;
5. Standards for security agreements and custodial agreements consistent with legal requirements;
6. Standards for diversification of investments including diversification as to type of investments, firms and banks with whom the District transacts business; and
7. Standards for qualification of investment agents which transact business with the District including, at minimum, the Annual Report of the Trading Partner.

Policy References:

General Municipal Law Section 39 Education Law Sections 1604-a, 1723(a) and 3652 Local Finance Law Section 165

Last Reviewed Date: 02/15/2022

Adoption Date: 07/19/1994

Revision History: 5/20/1997; 2/03/98; 6/20/00; 4/24/18; 2/15/22

The Board of Education may accept gifts, grants 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 Brockport Central School District. Such acceptance shall be in accordance with existing laws and regulations, and must be otherwise consistent with the District’s stated mission and priorities. 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 or gives an appearance of impropriety.

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 the District, or result in unreasonable additional or hidden costs to the District.

The Board will not formally consider the acceptance of gifts or grants until and unless it receives the offer in writing from the grantor. Any gifts or grants donated to the District must be by official action and resolution approved by the Board. The Board encourages all gifts or grants to be unencumbered, and suggests that the grantor work first with the school administrators to determine the nature of the gift or grant prior. 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 or school program.

The Board is prohibited, in accordance with the New York State Constitution, from making gifts or charitable contributions of District funds.

All gifts, grants or bequests shall become District property. A letter of appreciation will be sent to a grantor in recognition of their contribution to the District.

Policy References:

New York State Constitution Article 8, Section 1 Education Law Sections 1709(12) and (12-a) and 1718(2) General Municipal Law Section 805-a(1)

Last Reviewed Date: 03/16/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000, 4/24/18; 3/16/22

A tax collection plan, giving dates of warrant and other pertinent data, shall be prepared annually and submitted for review and consideration by the Assistant Superintendent for Business to the Board of Education. Tax collection shall occur in accordance with state law and as designated by the Board.

Policy References:

Real Property Tax Law Sections 1300-1342 Education Law Section 2130

Last Reviewed Date: 03/15/2022

Adoption Date: 02/27/1996

Revision History: 6/20/2000; 3/21/2006; 4/24/18; 3/15/22

Senior Citizens

Unless specifically exempted by law, real property used exclusively for residential purposes and owned by one or more persons, each of whom is sixty-five years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five years of age or over, shall be exempt from taxation by a certain percentage determined by the Board of Education of the  assessed property value as, if the owner(s) 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 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 years of age.

Citizens with Disabilities

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 by a certain percentage determined by the Board of Education of the assessed property value  if the owner(s) meet the criteria established annually by the Board. The Board must adopt a resolution allowing such an exemption following a public hearing.

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.

For purposes of this policy, and in accordance with law, a person with a disability is one who has a physical or mental impairment 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 467, 459-c Public Health Law Section 2801

Last Reviewed Date: 03/15/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 4/24/18; 3/15/22

Sale of School Property

No property owned by the Brockport Central School District 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

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 Assistant Superintendent for Business 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 they 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:

1. Sale of textbooks, but if reasonable attempts to dispose of surplus textbooks fail to produce monetary return to the District; then
2. Donation to charitable organizations; or
3. Disposal.

Policy References:

Education Law Section 1709(9) and (11) General Municipal Law Sections 51 and 800 et seq.

Last Reviewed Date: 03/15/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 9/5/2006; 6/19/07; 2/27/18; 3/15/22

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. They 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.

Claims lacking original receipts shall not be paid by the Brockport Central School District.

Policy References:

Arts and Cultural Affairs Law Section 57.19 Education Law Section 1720 and 2523 8 New York Code of Rules and Regulations (NYCRR) Section 185

Last Reviewed Date: 06/19/2007

Adoption Date: 03/21/2006

Revision History: 04/09/13; 2/27/18; 3/15/22;6/19/2007

The Brockport Central School District may issue a credit card or cards in its name for the use of its officers and designated employees for authorized, reimbursable, school business related expenses. The maximum credit limit on each card shall not exceed $25,000. Authorized personnel must submit purchase orders for those school business related expenses, such as tuition charges for attendance at conference, travel expenses, and lodging, where costs may be fairly and accurately estimated prior to the actual incurring of expenses.

The Superintendent of Schools and Assistant Superintendent for Business shall be designated as primary authorized personnel, of a District credit card.  Other staff may use the credit card but must be authorized in writing by one of the primary users noted above before use of the credit card.

Expenses incurred on each credit card shall be paid in such a manner as to avoid interest charges. The credit card(s) shall be locked in a secure place in the Business Office.

Use of District cards where original receipts are not presented as evidence of expenditure is strictly forbidden. Such expenditures shall become the responsibility of the card user, not the District.

Last Reviewed Date: 03/15/2022

Adoption Date: 03/21/2006

Revision History: 2/27/18; 3/15/22

Travel Outside of District/Emergency Meetings

Officials and employees of the Brockport Central School District are entitled to reimbursement for necessary expenses incurred in the performance of their official duties. However, meals of public officers and employees will not be reimbursed or paid by the District unless the officer or employee is traveling outside their 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.

Staff/Board Meetings and District Events

The Board of Education recognizes that at certain times it may be appropriate to provide meals or refreshments at District meetings or events which are being held for an educational purpose. Prior approval of the Superintendent of Schools or their designee must be obtained for food and beverages provided at meetings or activities which will be charged to the District.

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 or refreshments to conduct District business. These requirements must be met for meals and refreshments provided by the school lunch fund or local vendors, charged to District credit cards or reimbursed to a District official.

In no case will the costs for meals exceed the current Federal per diem meal rates for the geographic area.

Last Reviewed Date: 03/15/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 2/27/18; 3/15/22

The Brockport Central 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.

Last Reviewed Date: 03/15/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 9/5/2006; 2/27/18; 3/15/22

In accordance with New York State Education Law and the Commissioner's Regulations, the Board of Education directs that the Treasurer, the Tax Collector 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.

Other school personnel and members of the Board authorized or required to handle revenues of the Brockport Central School District may be covered by a blanket undertaking provided by the District in such amounts as approved by the Board based upon the recommendations of the Superintendent of Schools or their 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)

Last Reviewed Date: 10/15/24

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 11/5/02; 1/20/04; 6/19/07; 7/1/08; 1/5/10; 5/3/11; 12/20/11; 12/04/12; 4/1/2014; 4/6/21; 10/15/24

Except as otherwise provided by law, all contracts for public work involving an expenditure of more than thirty-five thousand dollars ($35,000) and all purchase contracts involving an expenditure of more than twenty thousand dollars ($20,000) shall be awarded by the Brockport Central School District to the lowest responsible bidder furnishing the required security after advertisement for sealed bids. However, the District may, in its discretion, award purchase contracts on the basis of "best value" to a responsive and responsible bidder or offered, provided the Board of Education has authorized such action by rule, regulation or resolution adopted at a public meeting.

No bid or offer shall be accepted that does not conform to specifications furnished unless such specifications are waived by Board action. The District may, in its discretion, reject all bids or offers and readvertise for new bids or offers in a manner consistent with New York State law.

All contracts requiring public advertising and competitive bidding or offering will be awarded by resolution of the Board.

Except as authorized by law, no Board member or employee of the District shall have a direct interest in any contract covered by this policy.

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 offeror 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.

"Piggybacking" Exception to Competitive Bidding

The District may, in its discretion, purchase certain goods and services at costs beyond the above-referenced thresholds through the use of contracts let by the United States or any agency thereof, or any state, 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:

1. Has been let by the United States or any agency thereof, any state (including New York State) or any other political subdivision or district therein;
2. Was made available for use by other governmental entities and agreeable with the contract holder; and
3. Was let in a manner that constitutes competitive bidding consistent with New York State law, or was awarded on the basis of best value, and is not in conflict with other New York State laws.

Policy References:

General Municipal Law Articles 5-A and 18 State Finance Law Sections 162, 163 and 163-b

Last Reviewed Date: 10/15/24

Adoption Date: 04/01/2014

Revision History: 4/6/21; 10/15/24

Purchasing Authority

The Brockport Central School 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 District 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 District shall have a direct interest in any contract covered by this policy.

Purchasing Process

The Board 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. In the case of goods and services procured by the District that are not subject to competitive bidding requirements, the District shall:

1. Assure the prudent and economical use of public moneys;
2. Facilitate the acquisition of goods and services of appropriate quality at or below fair market value;
3. Guard against favoritism, improvidence, extravagance, fraud and corruption; and
4. Purchase goods and services from vendors within the District if said purchase can be made in compliance with 1-3 above.

The Superintendent of School shall promulgate and maintain regulations that contain, at a minimum, provisions which:

1. Prescribe a process for determining whether procurement of goods and services is subject to competitive bidding and if it is not, documenting the basis for such determination;
2. 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;
3. Set forth when each method of procurement will be utilized;
4. Require adequate documentation of actions taken with each method of procurement;
5. Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons;
6. 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
7. Identify the individual or individuals responsible for purchasing and their respective titles. Such information shall be updated biennially.

An unintentional failure to comply with this policy shall not be grounds to void action taken or give rise to a cause of action against the District or any District employee.

Purchasing Conflict of Interest Statement:

No employee, officer or agent may participate in the selection, award, or administration of a contract supported by a Federal award if there is a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer or agent, or any member of his or her immediate family, 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. The officers, employees or agents can neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Disciplinary actions will be applied for violations of such standards.

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

Last Reviewed Date: 10/15/24

Adoption Date: 04/01/2014

Revision History: 10/15/24

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 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:

1. 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 including digital;
2. 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 ensuring compliance with the legally required ADA regulations for web content and mobile applications;
3. 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 including those defined as eligible for accessible formats;
4. Specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and
5. 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.
6. Ensure that all instructional materials meet the legally required Web Content Accessibility Guidelines (WCAG) standards, which include making content perceivable, operable, understandable, and robust for all users. This includes providing text alternatives for non-text content, ensuring content is accessible via keyboard, and making text readable and understandable. 

Policy References:

20 USC Section 1474(e)(3)(B) 8 NYCRR Sections 200.2(b)(10), 200.2(c)(2) and 200.2(i)

Last Reviewed Date: 04/25/2006

Adoption Date: 04/25/2006

In the course of business activity in the school district, there are occasions when it is appropriate to have food and/or refreshments. These conditions occur when the expectation is to conduct a meeting that works through a normally expected meal or break period; when a meeting is scheduled for a period of two or more consecutive hours; and when it is to the district’s advantage to keep meeting attendees engaged in the meeting with minimal interruption. In all cases, however, authorization must be provided prior to purchasing food and/or refreshments. Authorization information must include the meeting/event, the scheduled time period, the requested food/refreshment details, the number of meeting attendees, and the meeting coordinator. In addition, evidence of attendance must be completed for each approved meeting and forwarded to the Business Office.

Authorized purchases of food and/or refreshments must follow all applicable regulations for district purchasing.

Last Reviewed Date: 10/21/2008

Adoption Date: 10/21/2008

Related Policies: 1330

The Board of Education will make certain that professional services are secured in a manner that protects the integrity of the process, ensures the prudent use of taxpayer dollars and provides a high quality standard of service, in accordance with law and regulations. Professional services are defined as services requiring special skill and/or training such as legal services, medical services, auditing services, property appraisals or insurance.

Purchasing professional services does not require competitive bidding.The Board directs the Assistant Superintendent for Human Resources and the Assistant Superintendent for Business to take measures to ensure that a highly qualified professional is secured through the prudent and economical use of public money, which may include:

1. reviewing trade journals;
2. checking professional listings; and/or
3. inquiring of other districts or other appropriate sources.

The designated district staff will prepare a comprehensive written request for proposals (RFP), which will contain critical details of the services sought. The RFP will specify that the proposal include the structure of the relationship between the district and the provider, including, if applicable, the term of the retainer, the hourly fees and other associated costs.

In reviewing the RFP's the district will consider, at a minimum, the following factors:

1. the suitability of the individual/firm for the district's needs;
2. the special knowledge or expertise of the individual/firm;
3. the credentials and applicable certifications of the individual/firm;
4. cost and
5. the staffing available from the firm or the time available for the individual.

The district will, periodically, but not less frequently than every five years, issue professional service RFP's and may conduct interviews as part of the RFP process. The written proposals submitted by applicants shall be maintained for atleast six years.

The Superintendent, after a thorough review of the proposals,in consultation with the Assistant Superintendent for Human Resources and Assistant Superintendent for Business, will recommend the professional service provider best suited to the district to the Board of Education for its approval.

Regardless of when during the year the professional service provider was engaged by the Board, at the annual organization meeting, the Board will appoint the attorney, physician, external auditor, or other professional, as applicable. Professional service providers selected and appointed in this manner will not be considered employees of the district.

The Superintendent is charged with developing administrative procedures to implement this policy.

Policy References:

General Municipal Law 104-b 2 NYCRR 315.2, 315.3 Trane Co. v Broome County, 76 A.D.2d 1015 Appeal of Lombardo, 38 Educ. Dpt. Rep. 730 Opn. St. Comp. 92-33

Last Reviewed Date: 03/20/2018

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 10/19/2010; 3/20/2018

FISCAL ACCOUNTING AND REPORTING
5510 ACCOUNTING OF FUNDS

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 a separate established user name and password, will have the authority to process online banking transactions. The Assistant Superintendent for Business or designee, with a separate established user name and password, will be responsible for online banking transactions in the event the District Treasurer is not available.

Electronic 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. Authorization and transmitting functions will be segregated and whoever 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. 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.

Policy References:

Education Law Section 2116-a General Municipal Law Article 2 Section 5-a

Last Reviewed Date: 03/20/2018

Adoption Date: 02/01/2011

Revision History: 3/20/2018

Reserve funds (essentially a legally authorized savings account designated for a specific purpose) are an important component in the District's financial planning for future projects, acquisitions and other lawful purposes. To this end, the District may establish and maintain reserve funds in accordance with New York State Laws, Commissioner's Regulations and the rules and/or opinions issued by the Office of the New York State Comptroller, as applicable.

Any and all District reserve funds shall be properly established and maintained to promote the goals of creating an open, transparent and accountable use of public funds. The District may engage independent experts and professionals, including but not limited to, auditors, accountants and other financial and legal counsel, as necessary, to monitor all reserve fund activity and prepare any and all reports that the Board may require.

Periodic Review and Annual Report

The Board of Education will periodically review all reserve funds. The District will also prepare and submit an annual report of all reserve funds to the Board of Education. The annual report shall include the following information for each reserve fund:

1. The type and description of the reserve fund;
2. The date the reserve fund was established and the amount of each sum paid into the fund;
3. The interest earned by the reserve fund;
4. The total amount and date of each withdrawal from the reserve fund;
5. The total assets of the reserve fund showing cash balance and a schedule of investments; and
6. An analysis of the projected needs for the reserve fund in the upcoming fiscal year and a recommendation regarding funding those projected needs.

The Board shall utilize the information in the annual report to make necessary decisions to 
adequately maintain and manage the District's reserve fund balances while mindful of its role and responsibility as a fiduciary of public funds.

The Superintendent shall develop any necessary and/or appropriate regulations to implement the terms of the Board's policy.

Last Reviewed Date: 10/19/2010

Adoption Date: 08/28/1984

Revision History: 10/21/2008; 6/20/00; 8/13/02; 4/12/05; 4/25/06; 10/21/08; 10/19/2010

Related Policies: 7410

Extraclassroom activity funds are defined in the Regulations of the Commissioner of Education as "funds raised other than by taxation or through charges of a Board of Education, for, by, or in the name of a school, student body or any subdivision thereof." Basically, extraclassroom activity funds are those operated by and for the students. Monies are usually collected voluntarily by pupils and are spent by them as they see fit so long as they abide by established regulations.

Extraclassroom activities must not be confused with funds accounted for in accordance with the Uniform System of Accounts prescribed by the State Comptroller. Procedures discussed in this policy and applicable regulations apply only to extraclassroom activity funds.

The Board of Education recognizes that the fundamental task of the schools is to prepare young people for life. In order for this preparation to be done properly, the education program of the schools must be as wide as life itself. An integral part of such a program is extraclassroom activities. They represent an essential part of the educational experiences, which should be available to young people. In order to promote the organization and maintenance of extraclassroom activity funds, the Board of Education hereby adopts rules and regulations for the guidance of students, teachers, and principals.

All funds raised with the involvement of staff in support of their area of official responsibility, shall be considered extraclassroom and as such shall be subject to the accounting controls outlined in this policy.

Financial Procedures

All extraclassroom activity funds shall be handled in accordance with the financial procedures illustrated by Finance Pamphlet No. 2, The Safeguarding, Accounting and Auditing of Extraclassroom Funds, 2008, published by the New York State Education Department. All commitments and contracts shall be the sole responsibility of the extraclassroom activity club giving rise to the transaction, regardless of a change in advisors, membership or officers.

Payments from the extraclassroom activity fund shall be made only for expenditures that have been documented with an original receipt or invoice. Copies of receipts, faxes or vendor statements will not be accepted.

Inactive Clubs and Leftover Funds

An inactive extraclassroom activity shall be defined as one having no financial activity for one full school year. If an inactive club is identified, the District Treasurer is directed to liquidate the leftover funds of this club in accordance with the following. Leftover funds of inactive or discontinued extraclassroom activities and of graduating classes shall automatically revert to the account of the general student organization or student council. Inactive clubs must follow the organizational procedures set forth in this policy and in Policy #7410 to reactivate previously existing activities.

Sales, Campaigns and Fundraising Activities

The chief faculty advisor shall provide information to the Superintendent or designee on sales, campaigns and fundraising activities of all extraclassroom activity clubs, including the nature of the vent, dates of operations, duration of sale or campaign, and means of solicitation (e.g. door-to-door, direct mailing, etc.). The faculty advisor, together with the student treasurer, shall prepare a profit and loss statement at the end of each fundraising event.

Risk Management

The chief faculty advisor shall work with the business official to assure that the District's exposure to any risks resulting from club activities or fundraiser in minimized. In all cases where a vendor will be using District facilities to conduct its event, the District requires a certificate of insurance with the District named as an additional insured. Periodically, the District may request that a primary liability insurance carrier conducts a review of the activities and may prohibit certain events based on the review results.

Tax Exempt Status

The extraclassroom activities of the District are not included in the exemption granted to the School District from New York Sate sales tax.Without exemption, clubs and activities are prohibited from using the school's tax exemption.The taxable status of all fundraising events specified in the administrative regulations to this policy shall be enforced as listed by the District treasurer. Any event not specifically listed shall be deemed taxable unless a written determination that is non-taxable has been issued from the business official to the District Treasurer. The District Treasurer shall be responsible for filing the period sales tax returns for the extraclassroom activity funds.

Contracts, Commitments and Guarantees

As contracts, commitments and guarantees require approval of the District's purchasing agent.All commitments and contracts shall be the sole responsibility of the extraclassroom activity club giving rise to the transaction, regardless of change in advisors, membership or officers.

Policy References:

8 New York Code of Rules and Regulations

Last Reviewed Date: 03/20/2018

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 5/20/03; 12/04/12;05/19/15; 3/20/18

Petty Cash Funds

A petty cash fund of not more than one hundred dollars ($100)shall be maintained in the District Office, CEPACS, , and in each school building and not more than two hundred dollars ($200) shall be maintained in Transportation. 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. Such accounts shall be authorized by Board resolution at the Reorganization Meeting.

Appropriate regulations shall be developed for implementation of this policy.

Cash In School Buildings

Not more than $250, whether District or extraclassroom funds, shall be held in the vault 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 access the main office vault or safe.

Policy References:

Education Law Section 1709(29) 8 New York Code of Rules and Regulations (NYCRR) Section 170.4

Last Reviewed Date: 04/24/2018

Adoption Date: 07/19/1994

Revision History: 6/20/2000, 4/24/18

In compliance with Education Law, the Board of Education shall direct the District Clerk to publish annually as required by law a full and detailed account of all moneys received by the Board or the Treasurer of the District for its account and use, and all of the money expended therefore, giving the items of expenditure in full.

Policy References:

Education Law Sections 1610, 1721 and 2117 8 New York Code of Rules and Regulations (NYCRR) Section 170.2

Last Reviewed Date: 03/15/2022

Adoption Date: 06/20/2000

Revision History: 4/24/18; 3/15/22

AA 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 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:

1. Any expenditures for community services, capital outlay, and debt service;
2. 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 delegates to the Assistant Superintendent for Business 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 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

Last Reviewed Date: 03/15/2022

Adoption Date: 06/20/2000

Revision History: 3/21/2006, 3/20/2018; 3/15/22

The Board of Education prohibits the use of any funds (federal, state, local) for partisan political purposes or expenditures of any kind by any person or organization involved in the administration of federal, state and locally assisted programs.

This prohibition includes, but is not limited to, lobbying activities, publications, or other materials intended for influencing legislation or other partisan political activities.

In recognition of this stricture, the Board delegates to 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 involve in the administration of any federally-assisted programs.

Policy References:

Compliance Supplement for Single Audit of State and Local Governments (revised September 1990) supplementing OMB Circular A-128

Last Reviewed Date: 04/26/2022

Adoption Date: 12/21/2004

Revision History: 3/21/2006; 3/20/2007; 12/04/12; 3/20/18; 4/26/22

The Board of Education recognizes the importance of maintaining the public trust in school governance and its responsibility to provide oversight of the finances of the Brockport Central School District, to ensure the financial integrity of the institution. Toward that end, the Board adopts the following plan.

External Audit Reports: All audit reports and “management letters” will be provided directly to the Superintendent of Schools and the Board. The distribution of the audit report shall not involve employees whose work was the subject of the audit.

Audit Committee: The Board’s Audit Committee  will oversee each District response to audit findings and review the District’s internal and external audit procedures. This committee will consist of three members and will report to the Board.

Audit Evaluation: The Audit Committee will review the District contract for external audit services every five years and report its findings to the Board. This review may include a request for proposals as well as other methods determined to be appropriate by the Audit Committee.

Internal Auditing: The internal audit function of the District will be performed by an outside firm, consultant, or by an employee who holds no other audit duties in the District. The internal audit function must be independent of the influence of those being audited and report to the Board.

School Board Training: New Board members shall attend the Monroe County School Boards training. The President of the Board shall arrange such training as the Board or the Audit Committee may recommend.

The District will 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; operations are efficient and effective; assets are safeguarded; and accurate, timely and reliable data are maintained.

The Brockport Central School District's governance and control environment will include the following:

1. The District's code of ethics addresses conflict of interest transactions with Board members or District officials and employees. Transactions that are less-than-arm'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.
2. The Board requires corrective action for issues reported in the CPA's management letter, audit reports, the Single Audit, and consultant reports.
3. The Board has established the required policies and procedures concerning District operations.
4. The Board routinely receives and discusses the necessary fiscal reports including the:
   Treasurer's cash reports, Budget status reports, Revenue status reports, monthly extra-classroom activity fund reports, and Fund balance projections (usually starting in January).
5. The District has a three to five year financial plan for both capital projects and operating expenses.
6. 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.
7. The Board has an audit committee to assist in carrying out its fiscal oversight responsibilities.
8. The District's information systems are economical, efficient, current, and up-to-date.
9. All computer files are secured with passwords or other controls, backed up on a regular basis, and stored at an offsite location.
10. The District periodically verifies that its controls are working efficiently.
11. The District will provide appropriate staff during which time another staff member is absent to perform those duties when necessary.

Last Reviewed Date: 04/26/2022

Adoption Date: 03/21/2006

Revision History: 11/7/2006; 4/26/22

Reporting and Investigations of Allegations of Fraud

All Board of Education members, District employees and third-party consultants are required to abide by the Brockport Central School District's policies, administrative regulations and procedures in the conduct of their duties. Further, all applicable federal and state laws and regulations must be followed in the course of District operations and practices. Any individual who has reason to believe that financial improprieties, fraud or wrongful conduct is occurring within the District is to disclose such information according to the reporting procedures established by the District. For purposes of this policy “financial impropriety, fraud or wrongful conduct” will include but will not be limited to: theft of time, theft of property, falsification of an attendance record, time sheet or other District business record, making or influencing decisions of the District for personal gain, interference in the hiring process so as to secure employment, and a contract or a consultancy of a relative.

The reporting procedures will follow the chain of command as established within the department or school building or the District's Organizational Chart. If the allegations of financial improprieties, fraud or wrongful conduct concern the investigating official, 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, allegations of financial improprieties, fraud or wrongful conduct will be reported as applicable, to the Internal Auditor (if available), or the Independent (External) Auditor, or the School Attorney, or the Board.

Upon receipt of an allegation of financial improprieties, fraud or wrongful conduct, the Board or designated employee(s) will conduct a thorough investigation of the charges. However, even in the absence of a report of suspected wrongful conduct, if the District has reason to believe financial improprieties, fraud or wrongful conduct has occurred, the District will investigate such conduct promptly and thoroughly. To the extent possible, within legal constraints, all reports will be treated confidentially. However, disclosure may be necessary to complete a thorough investigation of the charges and to notify law enforcement officials as warranted, and any 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.

Based upon the results of this investigation, if the District determines that a Board member or employee has engaged in financial improprieties, fraud or wrongful conduct, appropriate disciplinary measures will be applied, up to and including termination of employment, in accordance with legal guidelines, District policy and regulation, and any applicable collective bargaining agreement. Third parties who are found to have engaged in financial improprieties, fraud 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 or criminal charges as may be warranted. Rather, when the District receives a report of alleged financial improprieties, fraud or wrongful conduct that may be criminal in nature, law enforcement should be immediately notified.

An appeal procedure will also be provided, as applicable, to address any unresolved complaints and unsatisfactory prior determinations by the applicable investigating officer(s).

Prohibition of Retaliation

The Board prohibits any retaliatory behavior directed against those individuals who, in good faith, report allegations of suspected financial improprieties, fraud or wrongful conduct, as well as against witnesses and other individuals who participate in the investigation of alleged financial impropriety, fraud or wrongful conduct. 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 subject to appropriate disciplinary action by the District.

Knowingly Makes False Accusations

Any individual who knowingly makes false accusations against another individual of financial improprieties, fraud or wrongful conduct may also face appropriate disciplinary action.

Policy References:

Civil Service Law Section 75-b

Last Reviewed Date: 04/26/2022

Adoption Date: 03/21/2006

Revision History: 9/5/2006; 4/24/18; 4/26/22

An Audit Committee shall be established by Board of Education resolution. The Audit Committee may consist of:

1. Three members of the Board; and
2. Individuals who, in the judgment of the Board, possess valuable accounting or auditing expertise.

Persons other than Board members who serve on the Audit Committee shall be independent and shall not:

1. Be employed by the Brockport Central School 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).

Members of the Audit Committee shall serve without compensation but shall be reimbursed for any actual and necessary expenditure incurred in relation to attendance at meetings. District employees are prohibited from serving on the Audit Committee.

The Audit Committee is advisory and any recommendations it provides to the Board shall not substitute for any required review and acceptance by the Board.

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:

1. The activities of the Audit Committee;
2. A summary of the minutes of the meeting;
3. Significant findings brought to the attention of the Audit Committee;
4. Any indications of suspected fraud, waste, or abuse;
5. Significant internal control findings; and
6. Activities of the internal audit function.

The responsibilities of the Audit Committee include the following:

1. Provide recommendations regarding the appointment of the External (Independent) Auditor for the District;
2. Meet with the External (Independent) Auditor prior to commencement of the audit;
3. 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;
4. 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;
5. Make a recommendation to the Board on accepting the annual audit report; and
6. Review every corrective action plan developed by the District and assist the Board in its implementation.

Corrective Action Plan

Within ninety days of receipt of the report or management letter, the Superintendent of Schools shall prepare a corrective action plan approved by the Board in response to any findings contained in:

1. The annual external audit report or management letter;
2. A final audit report issued by the District's internal auditor;
3. A final report issued by the State Comptroller;
4. A final audit report issued by the State Education Department; or
5. A final audit report issued by the United States or an office, agency or department.

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 than the end of the next fiscal year. The District will also timely publish a copy of this plan.

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 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:

1. To meet with the External (Independent) Auditor prior to commencement of the audit;
2. 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
3. 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.

Policy References:

5570 - FINANCIAL OVERSIGHT 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)

Last Reviewed Date: 04/26/2022

Adoption Date: 03/21/2006

Revision History: 9/5/2006; 12/04/12; 4/24/18; 4/26/22

Related Policies:

The internal audit function shall include:

1. Development of a risk assessment of operations including, but not limited to, a review of financial policies, procedures and practices;
2. An annual review and update of such risk assessment;
3. Annual testing and evaluation of one or more of the Brockport Central School District's internal controls, taking into account risk, control weaknesses, size, and complexity of operations; and
4. Preparation of reports, at least annually or more frequently as the Board of Education may direct, which analyze significant risk assessment findings, recommend changes for strengthening controls and reducing identified risks, and specify time frames for implementation of such recommendations.

The District is permitted to utilize existing District personnel to fulfill the internal audit function who do not have responsibility for other business operations of the District while performing internal audit functions. The District shall also be permitted to use inter-municipal 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.

Policy References:

Education Law Sections 1950, 2116-b and 2116-c 8 New York Code of Rules and Regulations (NYCRR) Section 170.12(d)

Last Reviewed Date: 04/26/2022

Adoption Date: 01/19/2010

Revision History: 11/16/2010; 4/24/18; 4/26/22

The Brockport Central School District shall comply with New York State and federal laws and regulations related to the District's participation as a provider of care, services or supplies under the Medicaid program.

The District, as a provider receiving or submitting Medicaid claims of at least $500,000 in any consecutive twelve-month period, has established and implemented a Medicaid Compliance Program designed to detect and prevent fraud, waste and abuse.

As required by the New York State Office of the Medicaid Inspector General (hereinafter referred to as the OMIG), the District's Medicaid Compliance Program is comprised of the following core elements:

1. Written policies and procedures that describe compliance expectations as embodied in a code of ethics applicable to all District personnel, including Board of Education members. Such compliance expectations or standards of conduct shall include provisions designed to: implement the operation of the Medicaid Compliance Programs; provide guidance to employees and others on dealing with potential compliance issues; identify how to communicate compliance issues to appropriate personnel; and describe how issues are investigated and resolved;
2. A designated employee who will be responsible for the day-to-day operation of the Medicaid Compliance Program. This employee's job duties may be exclusively related to Medicaid compliance issues or may be combined with other duties, provided that the Medicaid compliance portions of the employee's duties are satisfactorily fulfilled. The designated employee shall report directly to the Superintendent of Schools or their designee and shall also periodically report directly to the Board on the District's Medicaid Compliance Program activities;
3. Training and education of all affected District employees and other persons associated with the District's Medicaid Compliance Program, including, but not limited to, members of the Board. Such training shall occur periodically and shall be made a part of any required training or orientation for new employees, Board members, volunteers and others on dealing with the District's Medicaid Compliance Program;
4. Communication lines and processes directed to the District employee who will be responsible for the day-to-day operation of the Medicaid Compliance Program. Such communication lines and processes shall be accessible to all District employees, Board members, volunteers and others associated with the District's Medicaid Compliance Program. The communication lines and processes are designed to allow employees to report compliance issues, including the anonymous and confidential good faith reporting of any practice or procedure related to Medicaid reimbursement of school or preschool supportive health services, that an employee believes is inappropriate;
5. Disciplinary procedures that encourage good faith and fair dealing in the District's Medicaid Compliance Program by all affected individuals. Such disciplinary procedures shall include procedures that articulate expectations for reporting and assisting with the resolution of compliance issues and provide sanctions for the failure to report suspected problems and participating (either actively or passively) in non-compliant behavior;
6. A system for the routine identification of Medicaid compliance risk areas in the District's Medicaid Compliance Program. Self-evaluation of such risk areas may be accomplished by, but not necessarily limited to, internal audits and external audits, as appropriate;
7. A system for responding to, investigating, correcting and reporting compliance issues as they are raised, including the development of procedures and systems to reduce the potential for recurrence, identifying and reporting compliance issues to the OMIG and refunding over payments; and
8. A policy of non-intimidation and non-retaliation against any person for the good faith participation in any aspect of the administration of the District's Medicaid Compliance Program including, but not limited to, the reporting of potential issues, assisting as a witness with any investigation, evaluation, audit, remedial actions or reporting to appropriate officials as provided in Sections 740 and 741 of the New York State Labor Law.

Policy References:

Social Services Law Section 363-d 1 8 New York Code of Rules and Regulations (NYCRR) Part 521

Last Reviewed Date: 04/26/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 12/04/12; 4/24/18; 4/26/22

The objective of the Board of Education is to obtain adequate insurance at a reasonable cost, and to seek advice from an Insurance Appraisal Service (or other consultants skilled in assessment) to determine that adequate coverage is being provided regarding fire, boiler, general liability, and bus insurance.

The Board shall carry insurance to protect the Brockport Central School District's real and personal property against loss or damage. This property shall include school buildings, the contents of such buildings, school grounds and automobiles.

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 or under the direction of the Board.

All insurance policies, along with an inventory of the contents of the building, are to be kept in a fireproof depository or with the appropriate insurance agent for safekeeping and referral purposes. The Superintendent of Schools or their designee shall review the District's insurance program annually and make recommendations to the Board if more suitable coverage is required.

Policy References:

Public Officers Law Section 18 General Municipal Law Sections 6-n and 52 Education Law Sections 1709(8) and (26) and (34-b), 3023, 3028, and 3811

Last Reviewed Date: 04/26/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 10/19/2010; 2/04/12; 5/15/18; 4/26/22

The Superintendent of Schools or their designee will maintain a continuous and accurate inventory of fixed assets owned by the Brockport Central School District in accordance with applicable rules, standards, procedures, and best practices. Fixed assets  include 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 included in the accounting of general fixed assets according to the procedures outlined by the Uniform System of Accounts for School Districts and GASB Statement 34 Regulations.

The accounts will serve to:

1. Maintain an inventory of assets;
2. Establish accountability;
3. Determine replacement costs; and
4. Provide appropriate insurance coverage.

Fixed assets with a minimum value, not less than $1,500, established by the Board of
Education that have a useful life one year or more and physical characteristics not
appreciably affected by use of consumption shall be inventoried and recorded on an annual basis. Fixed assets shall include land, buildings, and equipment.

The Board shall establish a dollar threshold as a basis for considering which fixed assets are to be depreciated. Such threshold shall ensure that at least 80% of the value of all assets is reported. However, it is recommended that such threshold shall not be greater than $5,000. A standardized depreciation method and averaging convention shall also be established for depreciation calculations.

Fixed Assets will be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed assets shall 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:

1. Date of acquisition;
2. Description;
3. Serial or other identification number;
4. Any funding source and percentage contributed by the source;
5. Vendor;
6. Cost or value;
7. Location;
8. Asset type;
9. Condition and estimated useful life;
10. Replacement cost;
11. Current value;
12. Salvage value;
13. Sale price and date and method of disposition; and
14. Responsible official.

The Assistant Superintendent for Business shall arrange for periodic inventory and appraisal of District property, and equipment. 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 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. Those 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 shall reside with the District and be carried as an insurable asset of its list of insurable values. Such equipment shall be tagged as District property, but is available for exclusive use by the extraclassroom activity club acquiring the item.

Policy References:

Uniform System of Accounts for School Districts (Fiscal Section)

Last Reviewed Date: 04/26/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 12/20/11; 4/24/18; 4/26/22

Related Policies:

Operation and Maintenance

The Superintendent of Schools is charged with the responsibility for administering plant operations in an efficient and economical manner, while maintaining the health and safety of students and conservation of natural resources.

The Board of Education, through the Superintendent and their staff, is responsible for protecting the Brockport Central School District’s investment in plant and facilities through a systematic maintenance program. It is expected that the program shall 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.

Plans and specifications for the erection, enlargement, repair or remodeling of facilities of the District shall be submitted to the Commissioner when the contemplated construction costs of such work are $35,000 or more, and for all projects affecting the health and safety of students.

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 (19 NYCRR Parts 1220 through 1226) and the State Energy Conservation Construction Code (19 NYCRR Part 1240).

For remodeling or construction projects costing $10,000 or more, the District shall 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 shall retain the services of an architect or engineer licensed to practice in New York State.

For remodeling or construction projects costing less than $10,000, the District shall 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.

Inspections

The District shall cooperate with appropriate officials conducting health, fire, asbestos, bus, and boiler inspections.

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 the Asbestos Hazard Emergency Response Act (AHERA), the District will inform all employees and building occupants (or their legal guardians) annually 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 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 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 the following:

1. 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 non-disabled 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;
2. 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;
3. 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; and
   2. 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 shall require additional re-inspections until it is demonstrated to the satisfaction of the Commissioner that said violations have been corrected;
4. A building condition survey shall be conducted for all occupied school buildings once every five years by a team that includes at least one licensed architect or engineer;
5. 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; and
   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; and
6. Procedures to ensure the safety of the building occupants while a construction or 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 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 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.

Policy References:

Fire Inspection: 8 New York Code of Rules and Regulations (NYCRR) Section 155.4 Education Law Section 807-a Health Inspection: Education Law Section 906 Asbestos Inspection: Education Law, Article 9-A, 40 Code of Federal Regulations (CFR) Part 763, Subpart E Plans and Specifications: Education Law Sections 408, 408-a and 409, 8 NYCRR Sections 155.1 and 155.2 Structural Safety Inspections: Education Law Sections 409-d and 3602(6)(d)

Last Reviewed Date: 04/26/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 10/06/2009; 5/15/18; 4/26/22

The Board of Education recognizes the need to protect human health and the environment from damage resulting from the improper handling of hazardous waste.

The management of hazardous waste from its point of generation to the ultimate disposal is regulated through specific Federal and State laws.

The District shall maintain rules to ensure District implementation of applicable Federal and State laws pertaining to the identification, transportation, treatment, storage, and disposal of hazardous waste.

Hazard Communication Standard
All personnel shall be provided with 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 of Schools or their designee shall maintain a 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.

In addition, designated administrators will provide notice of hazardous materials within 72 hours of an employee request.

Policy References:

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) Section 1910.1200 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

Last Reviewed Date: 04/26/2022

Adoption Date: 04/20/2021

Revision History: 4/26/22

The Brockport Central School District is committed to creating and maintaining an inclusive educational and work environment. All single-occupancy bathroom facilities shall be designated as gender-neutral.

"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.

Policy References:

Education Law § 409-m Public Buildings Law § 145

Last Reviewed Date: 05/17/2022

Adoption Date: 05/05/1987

Revision History: 7/19/1994; 11/15/94; 6/20/00; 1/20/04; 6/15/10; 5/15/18; 5/17/22

Related Policies: 3280 - 3410 - 7320 - 8211

Tobacco use of any sort, including vaping, is prohibited on school grounds , within District vehicles, at any District-affiliated event or activities occurring off school grounds including those taking place in another state, and within one hundred feet of District property for purposes of this policy:

1. “Tobacco products” means a consumable item containing tobacco including, but not limited to, cigarettes, cigars, bidis, chewing tobacco, powdered tobacco, or nicotine water.
2. “Smoking” means the burning of a tobacco product.
3. “Vaping” means the use of an electronic cigarette.
4. “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.
5. “School grounds” means any building, structure, or surrounding outdoor grounds, including entrances or exits, within the Brockport Central School District’s legally defined property boundaries as registered in the County Clerk's Office, as well as all District vehicles.

This policy does not apply to smoking or vaping within the boundary lines of residential real property.

Posting/Notification of Policy

The District will prominently post signs prohibiting smoking and vaping on school grounds in accordance with applicable law. The District shall also ensure that this policy is communicated to staff, students, parents or guardians, volunteers, and visitors as deemed appropriate in order to orient all persons to the District's "No Smoking" Policy and environment.

All District officials are required to inform individuals who are in violation of this Policy of said violation, and as necessary, report said violation.

Prohibition of Tobacco Promotional Items/Tobacco Advertising

Tobacco promotional items (e.g., brand names, logos and other identifiers) are prohibited:

1. On school grounds;
2. At school-sponsored events, including those that take place off school premises and in
   another state;
3. In school publications;
4. On clothing, shoes, accessories, gear, and school supplies in accordance with the District

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:

Safe and Drug-Free Schools and Communities Act 20 United States Code (USC) Section § 6081-6084, 7971-7974 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) Sections 7181-7184, Public Health Law Article 13-E Public Health Law § 1399-n, 1399-0, 1399-p and 1399-aaEducation Law Sections 409 Education Law Sections 409 and 3020-a 8 NYCRR §§ 155.5, 156.3

Last Reviewed Date: 05/17/2022

Adoption Date: 10/22/1974

Revision History: 5/15/18; 4/24/1990; 7/19/94; 6/20/00; 2/23/21; 5/17/22

Environmental Sustainability

The Board of Education has determined that establishing and maintaining a robust environmental consciousness and sustainability program is a District initiative, as such matters may substantially impact the health and wellbeing of present and future Brockport Central School District students. 

In achieving this goal and to be a model for our community and other school districts, the District will maintain and implement innovative zero waste best practices throughout the District for the purpose of reducing waste, energy, and greenhouse gases.

The Superintendent of Schools or their designee shall implement practices that may include the following:

1. Educate students about the environment, the relationship between humans and our planet’s ecosystem, and sustainability best practices.
2. Promote initiatives addressing waste prevention, reuse, recycling, landfill diversion, and use of recycled supplies and materials.
3. Encourage waste prevention, recycling, composting, and use of recyclable materials through lease agreements, contractual relationships and purchasing practices with vendors, contractors, businesses, and government agencies that align with fiscally responsible and ethical purchasing processes.
4. Facilitate student leadership who display an aptitude for, and interest in, environmental consciousness and sustainability, and encourage their involvement in the District’s initiatives. 

Policy References:

General Municipal Law Section 120-aa

Last Reviewed Date: 10/17/2023

Adoption Date: 10/21/1986

Revision History: 7/19/1994; 6/20/00; 8/14/01; 11/5/02; 1/20/04; 9/5/06; 11/7/06; 6/15/10; 12/04/12; 11/20/18, 10/17/23

Related Policies: 3280 - 5662

The Board of Education has entered into an agreement with the New York State Education Department to participate in the National School Lunch Program, School Breakfast Program and 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 Brockport Central School District.

The Superintendent of Schools or their designee is responsible for carrying 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.

If applicable, 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. The District will also utilize the Direct Data Match Process to qualify students. 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

Due to 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:

1. What can be charged;
2. The limit on the number of charges per student;
3. The system used for identifying and recording charged meals;
4. The system used for collection of repayments; and
5. Ongoing communication of the policy to parents and students.
6. Meal Charging and Prohibition against meal shaming

The sale of sweetened foods is prohibited from the beginning of the school day until the end of the last scheduled meal period.

Sweetened foods include soft drinks, sweetened soda water, chewing gum, candy (including hard candy, jellies, gum, marshmallow candies, fondant, licorice, spun candy, candy coated popcorn), water ices (except those which contain fruit or fruit juices), and the like.

Restrictions on Sale of Milk Prohibited

The District shall not directly or indirectly restrict the sale or marketing of fluid milk products at any time or in any place on District premises or at District-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 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, 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.

Prohibition Against Adults Charging Meals

Adults shall 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 or School Breakfast programs are required to implement a food safety program based on Hazard Analysis and Critical Control Point (HACCCP) principles. The District shall maintain 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 food groups 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.

Policy References:

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) Part 15B and Part 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) Healthy Hunger-Free Kids Act of 2010

Last Reviewed Date: 05/17/2022

Adoption Date: 07/05/2006

Revision History: 11/17/2020; 5/17/2022

Related Policies: 5660

The Brockport Central School District is committed to providing a school environment that promotes and protects students' health, well-being and ability to learn, by fostering healthy eating and physical activity before, during, and after the school day.

Governance
District Wellness Committee

The District has established a wellness committee that meets at least four times per year to oversee and establish goals for school health and safety policies and programs, including the development, implementation, and periodic review and update of this policy. The District Wellness Committee will evaluate and make recommendations that reflect the specific needs of the District and its students.

The District will actively seek members for the Wellness Committee that will represent all school levels, and include (to the extent possible) representatives from the following groups:

1. Parents and caregivers;
2. Students;
3. Physical Education teachers;
4. School health professionals;
5. District food service program representatives;
6. The Board of Education
7. School administrators;
8. General Education teachers; and
9. Community Members.

The Superintendent of Schools will designate a District Wellness Coordinator to convene the Wellness Committee in order to facilitate the development of and any proposed updates to this policy, and will also ensure the District’s compliance with this policy.

Nutrition

The District seeks to ensure all students obtain the knowledge and skills necessary to make nutritious food selections and enjoy life-long physical activity.

School Meals

The District is committed to promoting student health and reducing childhood obesity by:

1. Serving meals that meet or exceed nutrition requirements established by local, state, and Federal statutes and regulations;
2. Ensuring all students have a scheduled lunch period;
3. Providing all students with adequate time to consume meals;
4. Promoting healthy food and beverage choices;
5. Preparing meals that are appealing and attractive to students;
6. Serving meals in clean and pleasant settings;
7. Having a recess period in grades K-8 to better support learning and healthy eating; and
8. Encouraging student participation in federal Child Nutrition Programs.

Child Nutrition Programs aim to improve the diet and health of school children, help mitigate childhood obesity, model healthy eating to support the development of lifelong healthy eating patterns and support healthy choices while accommodating cultural food preferences and special dietary needs.

All schools within the District participate in the following federal Child Nutrition Programs:

• National School Lunch Program;
• School Breakfast Program;

The District may operate additional nutrition-related programs and activities, including:

• FoodLink

Water

To promote hydration, free, safe, unflavored drinking water will be available to all students and staff throughout the school day and in every District building. The District will make drinking water available where school meals are served during mealtimes.

Competitive Foods and Beverages

All competitive foods will meet, at a minimum, the USDA Smart Snacks in School nutrition standards. The Smart Snacks in School nutrition standards aim to improve student health and well-being, increase consumption of healthful foods during the school day and create an environment that reinforces the development of healthy eating habits.

Competitive foods include all food and beverages available for sale to students on the school campus during the school day other than meals reimbursed through programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. This includes, but is not limited to, a la carte options in cafeterias, vending machines, school stores, and snack or food carts.

Fundraising

All foods and beverages available for sale to students through fundraisers during the school day will meet, at a minimum, the USDA Smart Snacks in School nutrition standards.

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 nonfood items. All school-sponsored fundraisers must be approved by the building principal or designee prior to being conducted.

Foods and Beverages Available for Sale at Events Outside of the School Day

The District is committed to ensuring that all foods and beverages available to students support healthy eating. Efforts will be made to ensure that the foods and beverages that are available for sale at school-sponsored events outside of the school day will meet or exceed the USDA Smart Snack in School nutrition standards.

Food and Beverages Marketing in Schools

All foods and beverages marketed or promoted to students during the school day will meet, at a minimum, the USDA Smart Snacks in School nutrition standards. Food marketing commonly includes oral, written, or graphic statements made for the purpose of promoting the sale of a food or beverage product.

Nutrition Promotion and Education

Nutrition promotion and education positively influences lifelong eating behaviors. The District will model and encourage healthy eating by:

1. Promoting healthy food and beverage choices for all students by using Smarter Lunchroom techniques which guide students toward healthful choices, as well as by ensuring that 100% of foods and beverages promoted to students meet the USDA Smart Snacks in School nutrition standards;
2. Promoting nutrition education activities that involve parents, students, and the community;
3. Promoting school and community awareness of this wellness policy through various means, such as publication on the District website;
4. Encouraging and promoting wellness through social media, newsletters, and an annual family wellness event;
5. Encouraging participation in federal Child Nutrition Programs;
6. Integrating nutrition education within the comprehensive health education curriculum and other instructional areas, as appropriate, and taught at every grade level, K through 12. Nutrition education follows applicable New York State Standards and is 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; and
   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;
7. Providing families and teachers with a list of healthy party ideas, including non-food celebration ideas;
8. Providing families with a list of classroom snacks and beverages that meet USDA Smart Snacks in School nutrition standards; and
9. Encouraging District staff to model healthy eating, drinking, and physical activity behaviors for students.

Physical Activity and Education

Physical Activity

Since physical activity affects students' emotional and physical well-being, as well as their cognitive development, the District is committed to ensuring that all students, including students with disabilities requiring adaptations or modifications, are provided the opportunity to participate in physical activity before, during, and after school. Physical activity opportunities will be in addition to, not in lieu of, physical education.

Recess or other physical activity time will not be cancelled for instructional make-up time, nor will it be withheld for disciplinary action unless the student is a danger to themselves or others. This does not include participation on sport teams that may have specific academic requirements. Classroom teachers will be provided with a list of ideas for alternative ways to discipline students.

The District is committed to encouraging physical activity through the following:

1. Classroom Physical Activity Breaks (Elementary)
   1. 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.
2. Recess (Elementary)
   1. All elementary students will be offered one daily period of recess. This requirement will not apply on days where students arrive late, leave early, or are otherwise on campus for less than a full day. Outdoor recess will be offered when weather permits.
3. Active Academics
   1. Teachers are encouraged to incorporate kinesthetic learning approaches into core learning subjects when possible to limit sedentary behavior during the school day.
4. Before and After School Activities
   1. The District will offer opportunities for all students to participate in physical activity before and/or after the school day through various methods, such as physical activity clubs, intramurals, and interscholastic sports.
5. Active Transport
   1. The District supports active transport to and from school, i.e. walking or biking. The District will provide secure storage facilities for bicycles and equipment. The District strongly encourages the use of appropriate protective wear, such as helmets.

Physical Education

The District will have a Board-approved Physical Education Plan on file with the New York State Education Department that meets or exceeds the requirements set forth in the Commissioner's regulations. All students will be required to fulfill the physical education requirements set forth in the Commissioner's regulations as a condition of graduating.

*Other School-Based Activities that Promote Student Wellness

The District is committed to establishing a school environment that is conducive to healthy eating and physical activity for all. The District will, therefore, pursue the following:

Community Partnerships

The District will develop, enhance, and continue relationships with community partners in support of the implementation of this policy. Existing and new community partnerships will be evaluated to ensure they are consistent with this policy and its goals. The District will provide all community partners with a copy of this policy.

Professional Development

When feasible, the District will offer professional development opportunities and resources for staff to increase knowledge and skills about promoting healthy behaviors in the classroom and school (e.g., increasing the use of kinesthetic teaching approaches or incorporating nutrition lessons into math class). Professional learning will help District staff understand the connections between academics and health and the ways in which health and wellness are integrated into ongoing district reform or academic improvement plans/efforts.

Policy References:

42 USC. §§ 1758, 1758b 7 CFR. §§ 210.10, 210.11, 210.18, 210.31, and 220.8 USDA, SP 24-2017, Local School Wellness Policy: Guidance and Q&As (Apr. 6, 2017) 81 Fed. Reg. 50,151 (July 29, 2016) (codified at 7 C.F.R. pts. 210 & 220) Education Law § 915 8 NYCRR § 135.4 Memorandum from N.Y. St. Educ. Department on Smart Snacks Standards and Fundraisers (Sept. 16, 2014)

Last Reviewed Date: 11/20/2018

Adoption Date: 11/20/2018

The District shall provide students with access to nutritious no- or low-cost meals each school day, and ensure that a student who is unable to pay for a meal and/or has unpaid meal charges is not shamed or treated differently.

Unpaid meal charges place a 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

1. Free meal benefit eligible students will be allowed to receive a free breakfast and lunch meal of their choice each day. A la carte items or other similar items must be paid/prepaid.
2. 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.
3. 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

1. 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.
2. Food service office 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 exhausted and has accrued unpaid meal charges within 7 days of the charge and then every 3 days/weeks thereafter.

Parent Outreach

1. Food service office staff will communicate with parents/guardians with five or more unpaid meal charges to determine eligibility for free or reduced price meals.
2. Food service office 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.
3. Food service office staff will 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

1. 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. For example, and without limitation:
   1. 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.
   2. 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.
2. Staff will not take any action directed at a student to collect unpaid meal charges.
3. Food service office staff will deal directly with parents/guardians regarding unpaid meal charges.

Ongoing Eligibility Certification

1. Food service office 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.
2. Food service office staff will provide parents/guardians with free and reduced price application and instructions at the beginning of each school year in a separate mailing from the enrollment packet.
3. The District will provide at least two additional free and reduced price applications throughout the school year to families identified as owing meal charges.
4. 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.
5. 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 (a) via the district website (b) with a check payable to Brockport Food Service, (c) or pay cash at the school cafeteria cash register. 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. Students who are graduating at the end of the year will be given the option to transfer any remaining money to a sibling's account through a written request. This request must include the name of the person payable to: and the mailing address.

Unclaimed funds must be requested within one school year. Unclaimed funds will then become the property of the District Food Service Program.

Last Reviewed Date: 05/17/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 5/15/18; 5/17/22

A records management officer shall be designated by the Superintendent of Schools, subject to the approval of the Board of Education. The 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.

Retention and Disposition of Records

The Brockport Central School District shall retain records for such a period and dispose of them in the manner described in Records Retention and Disposition ScheduleLGS-1, established pursuant to 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.

Policy References:

8 New York Code of Rules and Regulations

Last Reviewed Date: 05/17/2022

Adoption Date: 06/15/2010

Revision History: 5/15/18; 5/17/22

In accordance with Section 203-d of the New York State Labor Law, the Brockport Central School District will 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:

1. Publicly post or display an employee's social security number;
2. Visibly print a social security number on any identification badge or card, including any time card;
3. Place a social security number in files with unrestricted access; or
4. 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.

District staff shall 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" shall be evaluated; and employees who have access to such information as part of their job responsibilities shall be advised as to the restrictions on release of such information in accordance with law.

Policy References:

Labor Law Section 203-d

Last Reviewed Date: 05/17/2022

Adoption Date: 09/05/2006

Revision History: 5/7/2013; 5/15/18; 5/17/22

The Brockport Central School District values the protection of private information of individuals in accordance with applicable laws 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.

"Personal information" means any information concerning a person which, because of name, number, symbol, mark, or other identifier, can be used to identify that person.

“Private information” means either:

1. Personal information consisting of any information in combination with one or more of the following data elements, when either the  data element or the combination of personal information plus the data element is not encrypted or encrypted with an encryption key that has also been accessed or 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, or other information  which would permit access to an individual's financial account.
   4. Account number, or credit or debit card number, if circumstances exist where the number could be used to access an individual's financial account without additional identifying information, security code, access code, or password; or
   5. Biometric information, meaning data generated by electronic measurements of an individual's unique physical characteristics, such as fingerprint, voice print, retina or iris image, or other unique physical representation or digital representation which are used to authenticate or ascertain the individual's identity;
2. A username or email address in combination with a password or security question and answer that would permit access to an online 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.
3. "Breach of the security of the system," shall mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the District. Good faith acquisition of personal information by an 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, the District may consider the following factors, among others:

1. Indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information;
2. Indications that the information has been downloaded or copied;
3. Indications that the information was used by an unauthorized person, such as
   fraudulent accounts opened or instances of identity theft reported; or
4. System failures.

Notification Requirements

1. For any computerized data owned or licensed by the District that includes private information, the District shall 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, accessed or acquired by a person without valid authorization. The disclosure to affected individuals shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the integrity of the data system. The District shall consult with the New York State Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures. Within 90 days of the notice of the breach, the New York State Office of Information Technology Services will deliver a report to the District on the scope of the breach and recommendations to restore and improve the security of the system.
2. For any computerized data maintained by the District that includes private information which the District does not own, the District shall 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 shall be made after the law enforcement agency determines that such notification does not compromise the investigation.

Methods of Notification

The required notice shall be directly provided to the affected persons by one of the following methods:

1. Written notice;
2. 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 (in no case shall 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);
3. Telephone notification, provided that a log of each such notification is kept by the
   District when notifying affected persons by phone; or
4. 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 - consist 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 web page; and
   3. Notification to major statewide media.

Regardless of the method , the notice shall 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 shall notify the New York State Attorney General, the New York State Department of the Consumer Protection Board, and the New York State Office of Cyber Security 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 shall also notify consumer reporting agencies, as defined pursuant to State Technology Law Section 208, as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York State residents. A list of consumer reporting agencies shall be compiled by the State Attorney General and furnished upon request to school districts required to make a notification in accordance with Section 208(2) of the State Technology Law, regarding notification of breach of security of the system for any computerized data owned or licensed by the District that includes private information.

Policy References:

State Technology Law Sections 202 and 208

Last Reviewed Date: 05/17/2022

Adoption Date: 11/17/2020

Revision History: 5/17/22

As required by New York State Law, the Brockport Central School District is committed to maintaining the privacy and security of student, 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 its implementing regulations, the following terms, as used in this policy, will mean:

1. "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 that data.
2. "Building principal" means a building principal subject to annual performance evaluation review under the provisions of Education Law Section 3012-c.
3. "Classroom teacher" means a teacher subject to annual performance evaluation review under the provisions of Education Law Section 3012-c.
4. "Commercial or marketing purpose" means the sale of student data, its use or disclosure for purposes of receiving remuneration, whether directly or indirectly, or the use of student data for advertising purposes, or to develop, improve, or market products or services to students.
5. "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.
6. "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.
7. "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.
8. "Educational agency" means a school district, board of cooperative educational services (BOCES), school, or the New York State Education Department (NYSED).
9. "Eligible student" means a student who is eighteen years or older.
10. "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).
11. "FERPA" means the Family Educational Rights and Privacy Act and its implementing regulations, 20 USC Section 1232g and 34 CFR Part 99, respectively.
12. "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.
13. "Parent" means a parent, legal guardian, or person in parental relation to a student.
14. "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).
15. "Release" has the same meaning as disclosure or disclose.
16. "Student" means any person attending or seeking to enroll in an educational agency.
17. "Student data" means personally identifiable information from the student records of an educational agency.
18. "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.
19. "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.
20. "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:

1. 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.
2. 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.
3. 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:
   1. Juvenile delinquency records;
   2. Criminal records;
   3. Medical and health records; and
   4. 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 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.

Data Protection Officer

The District has designated a District employee to serve as the District's Data Protection Officer.

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. Additionally, some aspects of this role may be outsourced to a provider such as a BOCES, to the extent available.

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 District will protect the privacy of PII by:

1. 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.
      1. 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 and complies with and includes the required components as set forth under Part 121.6 of the Regulation of the Commissioner of Education.

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 enter into a Data Privacy Agreement (DPA) with the District which shall include various components to ensure data privacy and security as well as applicable restrictions and safeguards for the use and storage of student, teacher, and principal data as set forth under Education Law Section 2-d and Part 121 of the Commissioner’s Regulations.

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:

1. 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
2. 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:

1. 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;
2. 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;
3. 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
4. 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 Parent’s Bill of Rights for Data Privacy and Security shall include, but not be limited to, each of the elements as set forth under Education Law Section 2-d(3)(b). In addition, the District shall develop a Parent’s Bill of Rights with supplemental information applicable for each of its contracts with third-party contractors. The supplemental Bill of Rights shall include, but not be limited to, each of the elements as set forth under Section 121.3 of the Regulations of the Commissioner of Education.

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:

1. All complaints must be submitted to the District's Data Protection Officer in writing.
2. 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.
3. 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.
4. 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. The District and its third-party contractors will cooperate and comply with the Chief Privacy Officer as part of its review, investigation, and/or audit responsibilities as set forth under all relevant provisions of Education Law Section 2-d and Part 121 of the Regulations of the Commissioner of Education.

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:

1. A brief description of the breach or unauthorized release, the dates of the incident and the date of discovery, if known;
2. A description of the types of PII affected;
3. An estimate of the number of records affected;
4. District's investigation or plan to investigate; and
5. 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.

Policy References:

Education Law § 2-d 8 NYCRR Part 121

Last Reviewed Date: 05/15/2018

Adoption Date: 08/30/1979

Revision History: 7/19/1994; 6/20/00; 5/15/18

Related Policies: 5683

It shall be the policy of the District to take every reasonable precaution for the safety of the students, employees, visitors, patrons, and all others having business with this District.

It shall be the responsibility of the Superintendent of Schools to execute this policy. In order to have a comprehensive program which will meet the needs of the District:

1. The responsibility for developing the total safety program may be delegated to a competent, professional staff person who in this matter will be directly responsible to the Superintendent, and shall be provided with authority commensurate with the task.
2. This staff person, acting in an advisory capacity to all heads of major units within the District, shall be responsible for the promotion and development when requested, of an aggressive accident prevention and safety education program for professional and nonprofessional personnel employed by the District.
3. The general areas of responsibility include, but are not limited to in-service training,
   accident record keeping, plant inspection, driver education, vehicle safety programs, fire prevention, school site selection emergency procedures, and traffic safety problems related to employees, students, and community.

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.

Policy References:

Labor Law Section 27-a

Last Reviewed Date: 05/15/2018

Adoption Date: 08/22/1989

Revision History: 7/19/1994; 6/20/00; 12/04/12; 5/15/18

The Board of Education recognizes its responsibility to provide an environment which is
reasonably secure from known hazards. The Board therefore directs the Superintendent of Schools and all professional and support staff members to comply with occupational safety and health regulations.

It is the responsibility of the entire school community to report any unsafe building or
equipment conditions to the main office as soon as possible.

If students observe other students acting in an unsafe manner, this behavior should be
reported to the nearest staff member.

Policy References:

New York State Labor Law Sections 27-a and 879 12 New York Code of Rules and Regulations (NYCRR) Part 820 Article 28 Occupational Safety and Health Administration (OSHA) 29 Code of Federal Regulations (CFR) 1910.1200

Last Reviewed Date: 12/04/2012

Adoption Date: 10/17/1989

Revision History: 7/19/1994; 6/20/00; 12/04/12

The Brockport Central School District recognizes its responsibility to comply with Section 325 of the New York State Environmental Conservation Law and Education Law Section 409-k pertaining to pesticide applications.

Accordingly, the use of pesticides will be limited to New York State certified pesticide applicators, or those staff members under their direct supervision.

Other District employees shall not bring into the District or apply pesticides on any school property (internal or external) at any time.

Should a situation arise for which pesticides may need to be applied on an emergency basis (bees, lice, etc.), the Director of Buildings and Grounds shall be notified immediately to determine further action by certified personnel.

The School District shall make every effort to comply with the mandatory 2-hour notification procedure in emergency situations.

Last Reviewed Date: 01/20/2004

Adoption Date: 05/02/1989

Revision History: 7/19/1994; 1/17/95; 6/20/00; 1/20/04

The District has developed, and will update by July 1 of each succeeding year, as necessary, a comprehensive District-wide school safety plan and building-level school safety plans, as enumerated in Education Law and Commissioner's Regulations, and in a form as prescribed by the Commissioner of Education. These plans will be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the coordination of schools and the School District with local and county resources in the event of such incidents or emergencies.

Each plan shall be reviewed by the appropriate school safety team on at least an annual basis, updated as needed and recommended to the Board of Education for approval. However, District-wide and building-level school safety plans shall be adopted by the School Board only after at least one (1) public hearing that provides for the participation of school personnel, parents, students, and any other interested parties. Further, the Board shall make the District-wide and building-level school safety plans available for public comment at least thirty (30) days prior to its adoption, provided that only a summary of each building-level emergency response plan (i.e., building-level school safety plan) shall be made available for public comment.

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 School District, that addresses prevention and intervention strategies, 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 shall be developed by the District-wide school safety team appointed by the Board of Education. The District-wide team shall include, but not be limited to, representatives of the School Board, student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

Building-Level School Safety Plans

Building-level school safety plan means a building-specific school emergency response plan that addresses prevention and intervention strategies, emergency response and management at the building level and has the contents as prescribed in Education Law and Commissioner's Regulations.

The building-level plan shall be developed by the building-level school safety team. The building-level school safety team means a building-specific team appointed by the building principal, in accordance with regulations or guidelines prescribed by the Board of Education. The building-level team shall include, but not be limited to, representatives of teacher, administrator, and parent organizations, school safety personnel, other school personnel, community members, local law enforcement officials, local ambulance or other emergency response agencies, and any other representatives the School Board deems appropriate.

Filing/Disclosure Requirements

The District shall file a copy of its comprehensive District-wide school safety plan and any amendments thereto with the Commissioner of Education no later than thirty (30) days after their adoption. A copy of each building-level school safety plan and any amendments thereto shall be filed with the appropriate local law enforcement agency and with the state police within thirty (30) days of its adoption. Building-level emergency response plans shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other provision of law.

Policy References:

Education Law Section 2801-a Public Officers Law Article 6 8 New York Code of Rules and Regulations (NYCRR) Section 155.17

Last Reviewed Date: 06/20/2000

Adoption Date: 07/19/1994

Revision History: 6/20/2000

Related Policies: 5683

When a crisis arises no school district is immune to the negative, physical or mental effect on its students, staff and the local community. Immediate, effective and responsible management and communication can address the crisis and maintain a District's integrity and credibility. Therefore, the District shall develop and maintain a unified position by:

1. Identifying a crisis response team to develop a plan and maintain a strong, ongoing communications program in each school. This is the foundation for long range success;
2. Identifying a media spokesperson who will be briefed on all details. This spokesperson shall be the Superintendent or his/her designee. Only this spokesperson shall talk to and maintain a timely flow of information to the media.

The Superintendent/designee shall be responsible for informing staff of the crisis plan that is to be developed by both administration and the crisis response team.

Last Reviewed Date: 01/20/2004

Adoption Date: 01/20/2004

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 means 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

Last Reviewed Date: 02/05/2008

Adoption Date: 06/01/2004

Revision History: 2/14/2006; 2/5/08

The Board of Education recognizes its responsibility to promote and foster school safety and ensure a safer and effective learning environment. After having carefully considered and balanced the rights of privacy with the District's duty to promote discipline, health, welfare and safety of staff and students, as well as that of the general public who has occasion to use school facilities, the Board supports the use of surveillance cameras when necessary in its schools, its buses and/or on school grounds. District surveillance cameras will only be utilized in public areas where there is no "reasonable expectation of privacy." Audio recordings shall not be utilized by School District employees without the express permission of the Superintendent or his/her designee; such prohibition does not preclude the use of audio recordings by law enforcement officials in accordance with their official duties and/or as otherwise authorized by law.

To further the Board's objective, the School District's District-wide Safety Team shall meet as appropriate and/or deemed necessary to develop, implement and review District and building level safety practices. The Team shall also make recommendations to the Superintendent regarding the implementation and use of surveillance cameras as authorized by the Board of Education. The Superintendent shall retain final decision-making authority regarding the recommendations of the Safety Team; and he/she shall notify the Board as to the procedures to be implemented with regard to the use of surveillance cameras by the School District.

In determining the most appropriate use and implementation of surveillance cameras in the schools, school buses and/or on school grounds, the District-wide Safety Team's recommendation will be guided by, at a minimum, the following considerations:

1. Demonstrated need for the device at designated locations;
2. Appropriateness and effectiveness of proposed protocol;
3. The use of additional, less intrusive, means to further address the issue of school safety (e.g., restricted access to buildings, use of pass cards or identification badges, increased lighting, alarms);
4. Expense involved to install and maintain the use of surveillance cameras at designated locations, including school buses and/or on school grounds.

Any video recording used for surveillance purposes in school buildings, school buses and/or on school property, shall be the sole property of the District; and the Superintendent or his/her designee will be the custodian of such recordings. All video recordings will be stored in their original form and secured to avoid tampering and endure confidentiality in accordance with applicable laws and regulations.

Requests for viewing a video recording must be made in writing to the Superintendent or his/her designee and, if the request is granted, such viewing must occur in the presence of the District's designated custodian of the recording. Under no circumstances will the District's video recording be duplicated and/or removed from District premises unless in accordance with a court order, subpoena and/or in conjunction with an investigation conducted in cooperation with law enforcement agencies.

Signage/Notification Regarding Use of Surveillance Cameras in School Buildings, School Buses and/or on School Grounds

Appropriate signage will be posted at entrances to the school campus and/or at major entrances into school buildings notifying students, staff and the general public of the District's use of surveillance cameras.

Students and staff will receive additional notification, as appropriate, regarding the use of surveillance cameras in the schools, school buses and/or on school grounds. Such notification may include, but is not limited to, publication in the District calendar, employee handbook, and student handbook. Such notification does not preclude, as deemed appropriate by administration, the discussion of the use of surveillance cameras with staff and students to heighten awareness and help foster a sense of security.

Last Reviewed Date: 08/21/2007

Adoption Date: 07/06/2004

Revision History: 3/20/2007; 8/21/07

Related Policies: 6000 - 6430 - 6450 - 7380

The use of any cell phone with or without photographic capability, data, and/or text messaging capability, and all other devices creates the potential for violations of privacy, harassment, threats to testing/examination security, disruption to instruction, and safety hazards.

In order to ensure examination security and the privacy of individuals, the Board of Education prohibits the use of such devices as follows:

1. During any test, examination, etc. or in any way that involves plagiarism or cheating; and
2. In any bathroom, locker room or other area where individuals have an expectation of privacy.

Cell phones, pagers and other electronic devices will not be used by students or employees during the instructional day, meetings, etc. or during the work day, including school transportation,in such a way that interferes with the operational needs of the District or presents a safety hazard. An exception will be made for student cell phone use with permission from a staff member where extenuating circumstances exist that warrant such use.

Staff members who engage in unacceptable or inappropriate use of cell phones and other devices will be subject to corrective action, including discipline under the law and in accordance with applicable collective bargaining agreements.

This policy will be referenced in the District Code of Conduct as well as student handbooks.

Last Reviewed Date: 08/21/2007

Adoption Date: 07/20/2004

Revision History: 8/21/2007

Related Policies: 3280

The use of bonfires is prohibited on the District's campus. The use of charcoal or propane grills will be permitted only on the following conditions:

1. Persons using charcoal or propane grills shall be properly trained on use of these devices by the Brockport Fire Department. Proof of such training will be required.
2. Open flame cooking on campus by outside groups will be in accordance with Food Service Department guidelines, New York State and Monroe County Health Department rules and the facility use policies and regulations of the District.
3. The use of open flame cooking devices shall be 100' from any School District building. with the exception of district-owned stadium concession stand.
4. Students shall not operate or work with such open flame equipment.

This policy shall not apply to instances where an open flame device is used for purposes of providing emergency heating as directed by the Superintendent of Schools or his/her designee nor shall it apply to construction equipment utilizing an open flame.

Last Reviewed Date: 12/01/2009

Adoption Date: 10/19/2004

Revision History: 12/1/2009

Thunder and/or lightning necessitates that all outdoor activities be suspended. The occurrence of either thunder and/or lightning is not subject to interpretation or discussion. If thunder and/or lightning is observed, all outdoor activities will be suspended immediately. Participants and spectators shall be directed to a safe location. The officials and responsible authorities shall make every reasonable effort to resume and complete the activity, with full consideration of the weather and site conditions (as they affect safety). The official/coach/supervisor shall wait a minimum of thirty (30) minutes from the time of the interruption before considering the resumption of the activity.

1. If thunder and/or lightning is observed at the site of an outdoor activity by officials, thirty (30) or fewer minutes prior to the schedule start of that activity, the official, coach, supervisor and the responsible school authorities shall not permit the activity to begin on that date until the weather has cleared or the conditions become safe.
2. If thunder and/or lightning is observed at the site of an outdoor activity during the activity, the official/coach/supervisor shall immediately cease the activity for thirty (30) minutes, then re-evaluate the situation.

Last Reviewed Date: 10/18/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 10/18/22

The Brockport Central School District shall 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 OSHA standards, the program shall consist of:

1. Guidelines for maintaining a safe, healthy school environment to be followed by staff and students alike.
2. Written standard operating procedures for blood/body fluid clean-up.
3. Appropriate staff education/training.
4. Evaluation of training objectives.
5. Documentation of training and any incident of exposure to blood/body fluids.
6. A program of medical management to prevent or reduce the risk of pathogens, specifically hepatitis B and HIV.
7. Written procedures for the disposal of medical waste.
8. 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.

Policy References:

Occupational Safety and Health Administration (OSHA) 29 Code of Federal Regulations (CFR) 1910.10:30

Last Reviewed Date: 10/18/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 9/5/06; 10/18/22

Related Policies: 7560

Whenever, upon investigation and evaluation by the District Physician or other health professionals acting upon direction or referral of the District Physician, a student of the Brockport Central School District 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, they shall be excluded from school and sent home immediately, in a safe and proper conveyance. The District Physician shall 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 District Physician 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 District Physician, or other health professionals acting upon direction or referral of the District Physician, 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.

HIV is not regarded as a communicable disease under New York State Law.

Policy References:

Education Law Section 906 8 New York Code of Rules and Regulations (NYCRR) Section 136.3(h) and 136.3(i)

Last Reviewed Date: 10/18/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 10/18/22

It is the intent of the Board of Education to comply with the New York State Education Law, the regulations of the Department of Motor Vehicles and of the Department of Transportation and the Commissioner of Education's regulations and decisions pertinent to student transportation. These shall govern any questions not covered by specific declaration of policy herein.

The Board recognizes and assumes the responsibility for all aspects of the transportation of children where the health and safety of students are involved.

Student transportation is a major function of our educational process. It requires special attention so that the greatest benefit will accrue to the District from the dollars expended. The following shall guide the management of the student transportation program:

1. To furnish transportation to those students whose disabilities or distance from the school make the service essential.
2. To provide the safest possible transportation.
3. To operate the transportation program efficiently and economically.
4. To adapt transportation to the requirements of the instructional program.
5. To maintain conditions on the buses which are conducive to the best interest of the students.
6. To promote a public understanding of the entire transportation program, including safety, adequacy, efficiency, and standards of service.
7. To comply with all state laws, regulations, and mandates.

The purposes of the transportation program are to transport students to and from school, to transport them for extracurricular activities, to transport them on field trips, and to transport those requiring special services.

Policy References:

Education Law Sections 3602(7) and 3635 et seq.

Last Reviewed Date: 10/18/2022

Adoption Date: 07/19/1994

Revision History: 6/20/2000; 1/20/04, 3/21/06; 10/18/22

Related Policies: 7132

Requests for Transportation to and from Non-Public Schools

The parent or person in parental relation of a parochial or private school child residing in the Brockport Central School District who desires that the child be transported to a parochial or private school outside of the District during the next school year should submit a written request to the Board of Education no later than April 1 of the preceding year, or within thirty days of moving into the District. No late request of a parent or person in parental relation shall be denied where a reasonable explanation is provided for the delay.

Transportation of Students with Disabilities

Students with disabilities (a physical or mental impairment that substantially limits one or more of the major life activities of the student, whether of a temporary or permanent nature) in the District shall be transported up to fifty miles (one way) from their home to the appropriate special service or program, unless the Commissioner certifies that no appropriate nonresidential special service or program is available within fifty miles. The Commissioner may then establish transportation arrangements.

Student Information

 Any mode of transportation used on a regular basis to transport students with a disability on a regularly scheduled route shall, upon written consent of the parent or person in parental relation, have maintained on such mode of transportation the following information about each student being transported:

1. Student's name;
2. Nature of the student's disability;
3. Name of the student's parent or person in parental relation and one or more telephone numbers where such person can be reached in an emergency; and
4. Name and telephone number of any other person designated by such parent, guardian or person in a position of loco parentis as a person who can be contacted in an emergency.

This information shall be used only to contact the student's parent, person in a parental relation, or designee in the event of an emergency involving the student, shall be kept in a manner which retains the privacy of the student, and shall not be accessible to any person other than the driver or a teacher acting in a supervisory capacity. In the event that the driver or teacher is incapacitated, such information may be accessed by any emergency service provider for such purpose.

This information shall be updated as needed, but at least once each school year and shall be destroyed if parental consent is revoked, the student no longer attends such school, or the disability no longer exists.

Transportation of Non-Resident Students

Non-resident families must provide their own transportation.

Transportation to School Sponsored Events

Where the District has provided transportation to students enrolled in the District to a school-sponsored field trip, extracurricular activity or any other similar event, it shall provide transportation back to either the point of departure or to the appropriate school in the District unless the parent or legal guardian of a student participating in such event has provided the District with written notice, consistent with District policy, authorizing an alternative form of return transportation for such student or unless intervening circumstances make such transportation impractical. In cases where intervening circumstances make transportation of a student back to the point of departure or to the appropriate school in the District impractical, a representative of the District shall remain with the student until such student's parent or legal guardian has been contacted and informed of the intervening circumstances which make such transportation impractical; and the student has been delivered to his/her parent or legal guardian.

Transportation in Personal Vehicles

Personal cars of teachers and staff shall not be used to transport students except in the event of extenuating circumstances and authorized by the administration.

Policy References:

Education Law Sections 1604, 1709, 1804, 1903, 1950, 2503, 2554, 2590-e, 3621(15), 3623-a(2c), 3635, 4401(4), 4404 and 4405 Vehicle and Traffic Law Section 375(20)(1) and 375(21-i)

Last Reviewed Date: 10/18/2022

Adoption Date: 07/01/1965

Revision History: 7/19/1994; 6/20/00; 10/18/22

Upon formal application to and approval by the Board of Education, buses may be rented to:

1. a municipal corporation,
2. any senior citizen center recognized and funded by the Office for the Aging,
3. any not-for-profit organization serving those with disabilities, or
4. any not-for-profit organization which provides recreational youth services or neighborhood recreation centers. Such rentals can be made only for times when vehicles are not needed for student transport and must be made for a consideration acceptable to the Board.

Policy References:

Education Law Section 1501-b

Last Reviewed Date: 10/18/2022

Adoption Date: 07/19/1994

Revision History: 7/29/1997; 3/21/00; 6/20/00, 12/20/11; 10/18/22

Related Policies: 8212

The safe transportation of students to and from school is of primary concern in the administration of the school bus program. All state laws and regulations pertaining to the safe use of school buses shall be observed by drivers, students and school personnel.

Use of Cell Phones and Portable Electronic Devices Prohibited

Use of portable electronic devices by a school bus driver at times the vehicle is in operation poses a safety risk. All school bus drivers are prohibited from using portable electronic devices while the bus is in operation and students are on the bus.

Personal cell phones are to be placed in the "off" position when in the possession of the school bus driver while the bus is in operation. Cell phones may be used in case of emergency.

The following terms are defined as:

1. "Portable electronic device" shall mean any mobile telephone (hand held or "hands free"), personal digital assistant (PDA), portable device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game,  portable computing device, or any other device when used to input, write, send, receive, or read text for present or future communication.
2. "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or  for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.
3. "In operation" shall mean that the bus engine is running, whether the bus is in motion or not.

Safety Rules and Inspections

The Director of Transportation, in cooperation with the principals, has the responsibility of developing and publishing safety rules to be followed by drivers and passengers, including rules of student conduct. In order to ensure maximum safety to those riding school buses, it is necessary that students and drivers cooperate in this effort. There is no substitute for training to develop safe habits in pedestrian and vehicular traffic.

All buses and other vehicles owned and operated by the Brockport Central School District will have frequent safety inspections and will be serviced regularly. The head mechanic will maintain a comprehensive record of all maintenance performed on each vehicle.

Every bus driver is required to report promptly any school bus accident involving death, injury, or property damage. All accidents, regardless of damage involved, must be reported at once to the head mechanic.

Seat Belt Use

Seat belts on school buses provide an important safety benefit to student passengers. Students will receive school bus seat belt use training during school bus safety drills.

All those riding buses equipped with seat belts, including but not limited to bus drivers, students, teachers, and chaperones, shall wear their seat belts at all times except when boarding or exiting the bus. School bus monitors shall also wear seat belts when they do not need to be out of their seats for student management. At no time shall seat belts be released before the bus has come to a complete stop. Failure to comply with this seat belt use policy shall result in student or employee disciplinary action. Volunteers riding buses who do not comply will lose their privileges of riding District vehicles.

Policy References:

Education Law Section 3623 8 New York Code of Rules and Regulations (NYCRR) Section 156.3 Vehicle and Traffic Law Sections 509-a(7), 509-1(1-b), and 1174

Last Reviewed Date: 10/18/2022

Adoption Date: 05/17/2005

Revision History: 10/18/22

The Board of Education recognizes the need to promote the health and safety of Brockport Central School District students and staff and to protect the environment from harmful emissions found in bus exhaust. Each driver of a school bus or other vehicle owned, leased, or contracted for by the District shall turn off the engine of the bus or vehicle while waiting for passengers to load or off load on school grounds, or while the vehicle is parked or standing on school grounds or in front of or adjacent to any school.

Exceptions

Unless otherwise required by state or local law, the idling of a school bus or vehicle engine may be permitted to the extent necessary to achieve the following purposes:

1. For mechanical work; or
2. To maintain an appropriate temperature for passenger comfort or safety; or
3. In emergency evacuations and/or where necessary to operate wheelchair lifts.

Private Vendor Transportation Contracts

All contracts for pupil transportation services between the District and a private vendor will include a provision requiring the vendor's compliance with the provisions of reducing idling in accordance with Commissioner's regulations.

Policy References:

State Regulations: 6 New York Code of Rules and Regulations (NYCRR) Subpart 217-3 NYC Regulations: New York City Administrative Code Section 24-163

Last Reviewed Date: 10/18/2022

Adoption Date: 02/10/2009

Revision History: 10/18/22

Related Policies:

A person shall be qualified to operate a bus only if that person:

1. Is at least twenty-one years of age;
2. Has been issued an appropriate driver's license which is valid for the operation of a bus in New York State;
3. Has passed the annual bus driver physical examination administered pursuant to Regulations of the Commissioner of Education and the Commissioner of Motor Vehicles. In no case shall the interval between physical examinations exceed a thirteen-month  period;
4. Is not disqualified to drive a motor vehicle under any provision of law or regulation;
5. Has on file at least three statements from three different persons who are not related by either blood or marriage  to the driver/applicant pertaining to the moral character and to the reliability of such driver/applicant;
6. Has completed, or is scheduled to complete, required New York State Education Department safety programs;
7. Is in compliance with federal law and regulations, as well as District policy and/or regulations, as it pertains to meeting the standards governing alcohol and controlled substance testing of bus drivers if and when applicable;
8. Has taken and passed a physical performance test approved by the Commissioner of Education  at least once every two years and/or following  a period of being unavailable for service for sixty  or more consecutive days from his/her scheduled work duties. In no case will the interval between physical performance tests exceed twenty-five months; and
9. Is in compliance with all other laws and regulations for operating a school bus, including licensing and training requirements.

Special Requirements For New Bus Drivers

Before employing a new bus driver, the Superintendent or their designee shall:

1. Require such person to pass a physical examination within four weeks prior to the beginning of service;
2. Obtain a driving record from the appropriate agency in every state in which the person resided, worked, and held a driver's license or learner's permit during the preceding three years;
3. Investigate the person's employment record during the preceding three years;
4. Require such person to submit to the mandated fingerprinting procedures/criminal history background check;
5. Request the Department of Motor Vehicles to initiate a driving record abstract check; and
6. Require that newly hired bus drivers take and pass the physical performance test, as mandated by Commissioner's Regulations, before they transport students.

Occasional Drivers

Under Commissioner's Regulations, an occasional driver is defined as a certified teacher employed by a school district or Board of Cooperative Educational Services (BOCES) whose employment does not include serving as either a regular or substitute school bus driver or substitute bus driver. Occasional drivers used for other than regular routes are not required to fulfill the training required for regular school bus drivers.

Policy References:

Omnibus Transportation Employee Testing Act of 1991, (Public Law 102-143) 49 United States Code (USC) Section 521(b) Education Law Section 3624 Vehicle and Traffic Law Sections Article 19-A 8 New York Code of Rules and Regulations (NYCRR) Section 156.3 15 New York Code of Rules and Regulations (NYCRR) Part 6 and § 3.2

Last Reviewed Date: 11/15/2022

Adoption Date: 11/06/1990

Revision History: 12/18/1990; 7/19/94; 6/20/00; 4/20/04; 3/20/18; 12/18/18; 11/15/22

Brockport Central School District facilities may be named after persons who have attained national or local prominence in fields such as education, arts, sciences, athletics, and government; after past United States presidents or persons of local significance; or after the geographic characteristics of the area in which the facility is located.  The contribution must be significant and unusual in its enduring impact.

Community members, students and staff may submit nominations to the Superintendent of Schools at the conclusion of at least a five-year waiting period following death or separation from the District of the person to be honored. The Superintendent will review the nomination to ensure compliance with the criteria and determine whether a recommendation should be made to the Board of Education.

Should a recommendation be made to the Board, data regarding proposed names should be carefully prepared with sufficient information to enable the Board to make an appropriate decision regarding the nominee. 

The Board shall have absolute authority to rescind a naming right at any time.