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7000 STUDENTS

  • Last Reviewed Date: 06/4/2024

    Adoption Date: 06/18/2002

    Revision History: 6/1/2004; 11/02/04; 02/01/2011; 02/04/2014; 1/5/16; 12/18/18; 6/4/24

    School attendance is both a right and a responsibility. The Brockport Central School District is an active partner with students and parents or legal guardians in the task of ensuring that all students meet or exceed the New York State Learning Standards. Because consistent school attendance, academic success and school completion have a positive correlation, the District has developed, will annually review and, if necessary, revise this Comprehensive Student Attendance Policy to meet the following objectives:

    1. To increase academic performance and school completion for all students;
    2. To identify individual and group attendance patterns in order to design attendance improvement efforts;
    3. To provide data to develop interventions to help close the gap in student performance, given the high correlation between attendance and achievement;
    4. To know the whereabouts of every student for safety and other reasons;
    5. To verify that individual students are complying with education laws relating to compulsory attendance; and
    6. To determine the District's average daily attendance (ADA) for State aid purposes.

    Ages of Attendance

    All District residents between the ages of four* years and twenty-one  years and who have not received a high school diploma may enroll in the District.
     

    Excused/Unexcused Absences

    The following are considered excused absences:

    1. Long-term or recurring illness, injuries, and health treatment.
    2. Religious observances.
    3. Court appearances.
    4. Bereavement.
    5. College visits.
    6. In-school supervision and out-of-school suspensions when the student has participated in tutoring.
    7. Scheduled appointments with school personnel.
    8. Home instruction pursuant to Board of Education Policy.
    9. Absences which result from conflicts in school scheduling of academic, athletic and educationally related field trips and activities.
    10. Approved externship, internship and volunteer activity.
    11. Approved work programs.
    12. Scheduled appointments with physicians, health clinics or other agencies.

    Unexcused absences are any absence, tardiness or early departure that are not excused.

    Responsibilities

    Student:

    1. To make every reasonable effort to attend school and to be present for all instruction.
    2. To report to the designated office who handles attendance upon returning to school.
    3. To inform parents or legal guardian of the need for a written, dated and signed statement explaining the reason for any absence within one school day of returning to school.
    4. To make up missed work.

    Parent or Legal Guardian:

    1. To be knowledgeable of the student's daily attendance patterns.
    2. To inform the school of the student's absence for part or all of a school day.
    3. To provide a written statement explaining the reason for the absence within one school day of returning to school.

    Teachers:

    1. To annually inform all students of the Comprehensive Student Attendance Policy and corresponding procedures at the beginning of the school year or the course.
    2. To fairly and consistently carry out the Comprehensive Student Attendance Policy and corresponding procedures.
    3. To accurately keep attendance records.
    4. To provide assignments and opportunities to make up work and class time in a reasonable manner.
    5. To inform the appropriate administrator or District personnel  of excessive unexcused student absences.

    Building Administrator:

    1. To annually inform the parent or legal guardian and student of the Comprehensive Student Attendance Policy and corresponding regulation at the beginning of each year.
    2. To consistently and fairly carry out the Comprehensive Student Attendance Policy and corresponding regulation.
    3. To contact a parent or legal guardian of the student in writing when a student has excessive absences.
    4. To notify the student and parent or legal guardian in the event a recommendation is made to deny credit in the course and to inform them of their right to a Superintendent's Hearing.

    Superintendent of Schools (or their designee):

    1. Conduct a Superintendent's Hearing pursuant to Section 3214 of the Education Law* , if requested, subsequent to denial of course credit.

    Interventions

    1. Administrative procedures will be developed to improve student attendance and tardiness by Identify causes for absences and developing a leveled approach to intervention.

    Student Attendance Recordkeeping/Data Collection

    The record of each student's presence, absence, tardiness and early departure shall be kept in a register of attendance in a manner consistent with Commissioner's Regulations. An absence, tardiness or early departure will be entered as "excused" or "unexcused" along with the District code for the reason.

    Disciplinary Consequences

    Consequences for excessive unexcused absences, tardiness or early departures may include, but are not limited to, in-school suspension, detention and denial of participation in interscholastic and extracurricular activities. Parents or legal guardians will be notified by designated District personnel at periodic intervals of their child's excessive unexcused absences, tardiness or early departures and the importance of class attendance and appropriate interventions.

    Building Review of Attendance

    The building principal or their designee will work in conjunction with the building attendance clerk or other designated staff to review attendance records at the end of each report card period. This review is conducted to identify individual and group attendance patterns and to initiate appropriate action to address the problem of unexcused absences, tardiness or early departures.

    Appeal Process

    A parent or legal guardian may request a building level review of their child's attendance record at any time. The building level principal will make the final determination.

    Policy References:

    Education Law Section 3024, 3025, 3202, 3205, 3206, 3210, 3211, and 3213 8 New York Code of Rules and Regulations (NYCRR) Sections 104.1, 109.2 and 175.6

  • Last Reviewed Date: 10/3/2023

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 1/20/04; 4/4/06; 9/5/06; 4/1/08; 1/5/16; 12/18/18; 10/3/23

    The Board of Education will provide screening of every new entrant to school after enrollment. Such diagnostic screening will be conducted:

    1. By appropriately trained and qualified personnel
      1. In the student's native language, if the language of the home is other than English; and
      2. In the case of new entrants, no later than December 1 of the school year of entry or within fifteen days of transfer of a student into a New York State public school should the entry take place after December 1 of the school year.

    This screening will include, but not be limited to:

    1. A physical examination by a physician or submission of a health certificate in accordance with Sections 901, 903, and 904 of the Education Law, including proof of immunization as required by Section 2164 of the Public Health Law; and
    2. An assessment of motor development, of receptive and expressive language development, articulation skills, and cognitive ability in the student's native language, if the language of the home is not English.

    If this screening indicates a possible disability, giftedness, or limited English proficiency, a referral for services will be made no later than fifteen days after completion of the screening.

    Reporting to Parents

    The child’s parent(s) or guardian(s) will receive information in advance explaining the purpose of screening, the areas to be screened, and the referral process. The information will be provided during the registration interview either orally or in writing in the recipient’s primary language(s). The child’s parent(s) or guardian(s) may request information regarding the child's performance during screening, will have access to the screening results, and will be provided  those results on request.

    Confidentiality of Information

    The Family Educational Rights and Privacy Act of 1974, and the Board’s confidentiality policies  will be applied to protect all screening information collected about a child.  The child’s parent(s) or guardian(s) will be informed of their right to privacy, right to access records, and right to challenge those records should they be inaccurate, misleading or otherwise inappropriate.

    Policy References:

    Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232(g) Education Law Sections 901, 903, 904, 905, 914 and 3208(5) Public Health Law Section 2164 8 New York Code of Rules and Regulations (NYCRR) Parts 117, 136, 142.2 and 154

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 09/01/1992

    Revision History: 7/19/1994; 6/20/00; 1/20/04; 11/20/10; 1/5/16; 12/18/18; 11/17/20; 10/17/23

    Entitlement to Attend

    All residents of Brockport Central School District who are between the ages of five* years and twenty-one years and who have not obtained a high school diploma are entitled to enroll in the District. 

    *A student who is four years old by December 1 may apply for the pre-kindergarten program.  

    A student who turns six years old  by December 1  must attend full-time instruction from the first day of that school year. A student who turns six years old after December 1 is not required to attend full-time instruction until the next school year.

    Each student must attend full-time instruction until the last day of the school year in which they turn sixteen. Additionally, any student who is sixteen or seventeen and who is not employed must attend full-time instruction until the end of the school year in which they turn seventeen  years of age. Students who are seventeen and have not finished the school year in which they turn seventeen, and for whom the General Education Development (GED)program has been deemed to be best educational placement, may be allowed to attend upon approval of the Superintendent of Schools. Any student who is a parent will have access to the GED program to support a pathway to academic success, with approval of the Superintendent. 

    Determination of Student Residency

    Evidence of a prospective student's age and residency must be presented in such form as is permitted by state and federal law and regulation.

    Proof of residency can include items such as:

    • Copy of lease
    • Copy of utility bill
    • Copy of cellphone bill

    *Documents used to determine proof of residency cannot be older than 30 days.

    "Residence," means a child's physical presence as an inhabitant within the District and their intention to reside in the District.

    A child's residence is presumed to be that of their parent(s) or guardian(s). Where a child's parents live apart, the child can have only one legal residence. When parents have joint custody, the child's time is divided between two households, and both parents assume responsibility for the child, the child's resides for purpose of this policy is determined by the family. If parents claim joint custody, but do not produce proof of the child's time being divided between both households, residency will be determined on the basis of the child's physical presence and intent to remain within the District.

    The presumption that a child resides with their parent(s) or guardian(s) may be rebutted by proof that custody of the child has been totally and permanently transferred to another individual. The District will not acknowledge living arrangements with persons other than a child's parent(s) or guardian(s) which are made for the sole purpose of taking advantage of the District's schools.

    The presumption that a child resides with their parent(s) or guardian(s) may also be rebutted by proof that the child is an emancipated minor. To establish emancipation, a minor may submit documentation of their means of support, proof of residency, and an explanation of the circumstances surrounding the student's emancipation, including a description of the student's relationship with their parent(s) or guardian(s).

    Undocumented Children

    The District will not request or require any documentation or information regarding or tending to reveal the immigration status of a child, a child's parent(s) or guardian(s). If the District is required to collect this information, the District will do so after the child has been enrolled. This information will not be required as a condition of enrollment or continued attendance.

    Children of Activated Reserve Military Personnel
    Students temporarily residing outside the boundaries of the District, because a parent or guardian is on active duty will be allowed to continue to attend the District’s schools. However, the District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.

    Homeless Children

    Determinations regarding whether a child is entitled to attend the District's schools as a homeless child or youth will be made in accordance with Section 100.2(x) of the Commissioner's Regulations, as well as applicable District policy and regulation.

    The Superintendent will designate a school official responsible for determinations of student residency.

    Policy References:

    McKinney - Vento Homeless Education Assistance Act Section 722, as reauthorized by the No Child Behind Act of 2001 Domestic Relations Law Section 74 Education Law Sections 2045, 3202, 3205, 3209, and 3212(4) and 3218 (1)(b), 3218(I)(d) Family Court Act Section 657 8 New York Code of Rules and Regulations(NYCRR) Sections 100.2(x) and (y) Policy Cross References:

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 09/01/1992

    Revision History: 7/19/1994; 6/20/00; 2/25/2014; 1/5/16; 12/18/18; 10/17/23

    Nonresident Students

    Those who otherwise are entitled to a public education but who do not reside legally within the Brockport Central School District may be admitted to District schools upon written application on a District-provided form and upon payment of tuition, provided they are admissible under the District's regulations.

    Tuition

    Nonresident students are required to pay tuition at a rate that is determined annually by the Board of Education. If the parent(s)or guardian(s) of a nonresident student own property within the District, the amount of school tax paid by the parent/guardian must be deducted from the tuition bill.

    Exceptions to Payment of Tuition

    In order to ensure the educational continuity of students whose parent(s) or guardian(s) enter or move from the District after the beginning of a school year, such nonresident students will be permitted to attend District schools under the following circumstances:

    1. A student in Kindergarten through eleventh grade whose parent(s) or guardian(s)moves out of the District during any semester may complete that semester on a non-tuition basis.
    2. A students who is in or entering twelfth grade when their parent(s) or guardian(s) move from the District may complete that school year on a non-tuition basis.
    3. Non-Resident Children of Employees

    Non-resident children of full-time employees (works a minimum of 29 hours per week/ten months per year) of the District may enroll their non-resident children in District schools without the imposition of a tuition charge. In the event that a staff member is no longer employed by the District, and their child is in grades Pre-k through eleventh they may complete that semester.  If their child is entering twelfth grade, they may complete that school year.

    Non-resident children of employees may be admitted to attend the District schools under the following conditions:

    1. Space is available within the grade level and classes to which the student will be assigned.  A non-resident student shall not be approved if acceptance of that student’s admission will create the need to employ additional staff or cause class size to increase beyond what is desirable, as determined by the District.
    1. The student’s admission will not create stress on the use of the facilities in the District.
    2. The student is not serving a period of suspension or expulsion from their home district.
    1.  Admission of the student will not result in displacement of a resident student.
    1. Transportation to and from school shall not be the responsibility of the District, but rather of the employee and the student.
    1. The non-resident student shall meet all academic and behavioral standards of the District.
    1. There will be no tuition charges for the costs of the education program offered by the District’s instructional staff within the District’s schools (except on the same basis as fees may be charged to the District’s resident students for special programs such as driver education).
    1. The non-resident employee will be charged for the cost of any non-District education service or program utilized by their child which is a direct cost to the District, such as services, classes or programs offered by BOCES, other school districts, or other agencies, whether or not located at the District’s school. This does not affect students enrolled in a specific program in the 2022-2023 school year that continues into subsequent school years.  The charge will be equal to that charged to the District for the student’s participation in the service, class or program, less the District’s anticipated New York State aid, if any, associated with the service, class or program.  The charge must be pre-paid by the employee.
    1. The Superintendent reserves the right to reject any application for admission.

    Applications by non-resident employees for admission of their children to the District must be submitted, in writing, to the Superintendent no later than the April 1 preceding the school year for which enrollment is requested.  For employees hired after April 1, requests for attendance of their children within the District must be received within 15 calendar days of the date of hire.

    Transportation

    The District does not provide transportation for nonresident students.

    Policy References:

    Education Law Sections 1709(13), 2045 and 3202 8 New York Code of Rules and Regulations (NYCRR) Section 174.2

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 01/20/2004

    Revision History: 1/16/2007; 1/5/16; 12/18/18; 10/17/23

    The Board of Education recognizes the unique challenges that face homeless students and is committed to eliminating barriers to the identification, enrollment, attendance, and success of those students. The Brockport Central School District will provide these students with equal access to free and appropriate public education, including public preschool education, as well as access to educational and other services necessary to be successful in school.

    Identification of Students in Temporary Housing

    The District will identify homeless students by using a housing questionnaire to determine the nighttime residence of all newly enrolled students and all students whose address changes during the school year. Not all homeless students can be identified through social service agencies or shelters, as children may be sharing the housing of other persons, such as family or friends, due to loss of housing, economic hardship, or other similar reason. For this reason, the housing questionnaire asks for a description of the current living arrangements of the child or youth to determine whether the child or youth meets the definition of a homeless child. 

    In addition to using the housing questionnaire, the District will also contact the local department of social services to identify students in temporary housing, as well as the local runaway and homeless youth shelter, and any other shelters located within District boundaries to ensure all students in temporary housing are properly identified and served.

    The McKinney-Vento Liaison for Students in Temporary Housing

    The District will designate an appropriate staff person, who may also be a coordinator for other federal programs, as the District liaison for students in temporary housing (the McKinney-Vento liaison). The District's McKinney-Vento liaison serves as one of the primary contacts between families experiencing homelessness and school staff, district personnel, shelter workers, and other service providers. The McKinney-Vento liaison coordinates services to ensure that homeless children and youth enroll in school and have the opportunity to succeed.

    School District and School Designations

    A designator will make the initial decision about which school district and school a student in temporary housing will attend.

    A student in temporary housing is entitled to attend the schools of the school district of origin without the payment of tuition for the duration of their homelessness through the remainder of the school year in which the student becomes permanently housed and for one additional year if that year constitutes the student's terminal year in that school building, subject to a best interest determination.

    Dispute Resolution Process

    The District will establish and maintain procedures for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth.

    The McKinney-Vento Liaison's Dispute Resolution Responsibilities

    The District's McKinney-Vento liaison must assist the homeless student’s parent(s) or guardian(s) or unaccompanied youth in bringing an appeal to the Commissioner of a final school district decision regarding enrollment, school selection and transportation. 

    Policy References:

    McKinney-Vento Homeless Assistance Act, as amended by the Every Student Succeeds Act (ESSA) of 2015, 42 USC § 11431, et seq. Education Law §§ 902(b) and 3209 Executive Law Article 19-H 8 NYCRR § 100.2(x)

  • Last Reviewed Date: 10/3/2023

    Adoption Date: 10/21/1997

    Revision History: 6/20/2000; 02/25/2014; 1/5/16; 12/18/18; 10/3/23

    The Board of Education is committed to membership in the Urban-Suburban Interdistrict Transfer Program as the first voluntary integrated multicultural education program in the nation.

    The Board is dedicated to enhancing and enriching our District and the Districts of the Greater Rochester Area by:
         1. Voluntarily reducing racial isolation; 
         2. Deconcentrating poverty; 
         3. Enhancing opportunities for students; 
         4. Encouraging intercultural learning; 
         5. Promoting academic excellence; and 
         6. Fostering responsible civic leadership. 

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 06/18/1968

    Revision History: 7/19/1994; 6/20/00; 1/5/16; 12/18/18; 10/17/23

    All students enrolled shall have equal educational opportunity. In order to carry out this policy it may be necessary, from time to time, to transfer a student from one building to another within the Brockport Central School District.

    Policy References:

    Education Law Sections 1709(3) and 3214(5)

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 12/21/04; 1/5/16; 12/18/18; 10/17/23

    Married and Pregnant Students

    The Board of Education will comply with state law in reference to married and pregnant students attending school.

    The Superintendent of Schools or their designee shall consult with the school physician and the student's personal physician in determining the form of instruction.

    The form of instruction may be any of the following or a combination of the following:

    1. Remain in school with provisions for special instruction, scheduling, and counseling where needed.
    2. Receive home instruction.
    3. Attend BOCES programs.

    Policy References:

    Education Law Sections 1604(20), 3202-1, 3205-1, 4401-1, and 4402-2

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 10/21/1986

    Revision History: 7/19/1994; 3/21/95; 6/20/00; 3/20/2007; 1/5/16; 12/18/18; 10/17/23

    The Board of Education recognizes and encourages the cultural enrichment achieved by welcoming foreign exchange students into the High School program.

    Students who have been accepted into United States Department of State approved programs and who are placed with host families who are residents of the Brockport Central School District may be permitted to attend District schools as foreign exchange students without payment of tuition during their authorized stay.

    Foreign exchange students will be eligible for free and reduced lunches pursuant to Policy #5660. 

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 07/19/1994

    Revision History: 04/09/2013, 10/01/2013; 2/23/16; 2/26/19;6/20/2000; 10/17/23

    The Brockport Central School District will comply with all state and federal laws and regulations regarding student evaluation, promotion, and placement.

    Placement

    Student placement with respect to building, teacher, grade, and out-of-district education shall be at the sole discretion of the school administration and shall be subject to internal review and change at any time. In making these decisions, the administrator or principal will be guided by performance in class, past records, parent/guardian and teacher recommendations, standardized test scores, and any other appropriate sources of information. In all cases, the final decision shall rest with the school administration. Parents will be provided an opportunity, through a parent input form, to share information about their child and the type of teacher who, in the parent’s judgment, would best serve their child’s needs. Parent input information will be considered in making placement decision. Requests for specific teachers will not be honored.

    Promotion and Retention

    The procedures to be followed by the staff regarding promotion and retention will be developed by the Superintendent of Schools and will be continually evaluated. Principals may establish written standards for promotion or retention within the school units to which the students are assigned, subject to the guidelines of the Superintendent and the approval of the Board of Education.

    Testing Program

    The District utilizes various ability, achievement, diagnostic, readiness, interest and guidance tests for the purpose of complying with state and federal law and aiding the implementation of quality educational services.

    Pursuant to New York State Education Law, the District will not make any student promotion or placement decisions based solely or primarily on student performance on the state administered English language arts and mathematics assessments for grades 3 through 8. The District may, however, consider student performance on such assessments in making student promotion and placement decisions provided that multiple measures be used in addition to such assessments and that such assessments do not constitute the major factor in such determinations.

    Alternative Testing Procedures

    The use of alternative testing procedures shall be limited to:

    1. Students identified by the Committee on Special Education or Section 504 Team as having a disability. Alternative testing procedures shall be specified in a student's Individualized Education Program or Section 504 Accommodation Plan.
    2. Students whose native language is other than English  in accordance with State Education Department Guidelines.

    The alternative testing procedures employed shall be based upon a student's individual needs and the type of test administered.

    The District shall report the use of alternative testing procedures to the State Education Department on a form and at a time prescribed by the Commissioner.

    Reporting to Parents and Guardians

    Parents and guardians shall receive an appropriate report of student progress at regular intervals.

    Report cards shall be used as a standard vehicle for the periodic reporting of student progress and appropriate school related data. Report cards, however, are not intended to exclude other means of reporting progress, such as interim reports, conferences, phone conversations, etc.

    When necessary, the District will provide interpreters for non-English speaking parents and guardians.

    Policy References:

    Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq. Education Law Section 1709(3) 8 NYCRR Sections 100.2(g), 117 and 154

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 2/23/2016; 2/26/2019; 10/17/23

    The Board of Education assures that parents and guardians who are hearing impaired will have meaningful access to school-initiated meetings or activities pertaining to the academic or disciplinary aspects of their children's education at no cost. School- initiated meetings or activities are defined to include, but are not limited to, parent-teacher conferences, child study or building-level team meetings, planning meetings with school counselors regarding educational progress and career planning, suspension hearings or any conferences with school officials relating to disciplinary actions. The term "hearing impaired" shall include any hearing impairment, whether permanent or fluctuating, which prevents meaningful participation in District meetings or activities.

    Parents and guardians shall be notified of the availability of interpreter services to be provided at no charge, provided that a written request is made to the District within fourteen days of the scheduled event. Exceptions to the time frame request may be made for unanticipated circumstances as determined by the principal or their designee. The District shall also notify appropriate school personnel as to the terms and implementation of this policy.

    If interpreter services are requested, the District shall appoint an interpreter for the hearing impaired to interpret during the meeting or activity. The District will arrange for interpreters through a District-created list or through an interpreter referral service. The District shall also develop interagency agreements, as appropriate, to ensure that sign language interpreters are provided for eligible parents or persons in parental relationship when District students attend out-of-District schools or programs.

    In the event that an interpreter is unavailable, the District shall make other reasonable accommodations which are satisfactory to the parents or persons in parental relationship. Examples of what constitutes reasonable accommodations in the event an interpreter cannot be located may include, but are not limited to, the use of:

    1. Written communications, transcripts, notetakers, etc; and
    2. Technology, such as a decoder or telecommunication device for the deaf, assistive listening devices, or closed or open captioning.

    Policy References:

    Education Law Section 3230 8 New York Code of Rules and Regulations (NYCRR) Section 100.2(aa)

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 1-3-06; 2/25/2014; 2/23/16; 2/26/19; 10/17/23

    In order to graduate from Brockport Central School District, a student must meet the requirements set forth in Part 100 of the Commissioner's Regulations, as well as any other requirements the Board of Education may adopt. Furthermore, in order to participate in commencement exercises, a student must earn all credits needed for graduation or through alternative credential options (see Policy #7222) and pass the required State examinations.

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Sections 100.1(i) and 100.5

  • Last Reviewed Date: 2/23/2016

    Adoption Date: 12/03/1970

    Revision History: 7/19/1994; 6/20/00;6/6/06; 2/23/16

    A student shall be eligible for early graduation in fewer than eight semesters upon completion of all requirements for graduation, excluding physical education, as mandated by Commissioner's Regulations. A student shall not be required to continue enrollment for the sole purpose of completing physical education requirements.

    The District, upon request from the student's parent/guardian, may choose to grant the student a high school diploma prior to his/her completion of the eighth semester. The application must be addressed to and approved by the high school principal after discussions with the student and his/her family.

    The application (see form 7221F) should be signed by the student and his/her parents/guardians. If requesting to graduate inJanuary, the application must be made by November 1 in the school year in which graduation is to take place. The Board of Education will be informed of the decision of the High School Principal.

    Students who graduate in January will be permitted to take part in graduation ceremonies the following June provided they fulfill all of the obligations of the regular June graduates. Those who desire to take part should indicate in writing to the high school principal by March 1.

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Section 100.5(a) and (e)

  • Last Reviewed Date: 02/26/2019

    Adoption Date: 08/05/1986

    Revision History: 7/19/1994; 10/21/97; 6/20/00; 3/6/07; 2/2/10; 11/16/10; 12/20/11; 02/05/13; 10/01/2013; 2/23/16; 2/26/19

    The District is committed to ensuring that students with disabilities are provided appropriate opportunities to earn a Regents or Local Diploma or other exiting Commencement Credential in accordance with the Commissioner's Regulations. To this end, graduation and transition plans shall take into account the various pathways available to these students.

    Where appropriate, the District will also award other diplomas and/or credentials that are authorized by and specified in Commissioner’s Regulations, to students with disabilities who earn them.

    The Committee on Special Education will determine the appropriate credential(s) for students with disabilities to pursue and will assure students meet the criteria for such credentials. The high school counselors of students with disabilities will monitor each student’s plan and program to assure the student enrolls in required courses and completes all requirements for the credential he/she has been designated by the CSE to receive.

    Students with disabilities will be provided access to the required courses and testing programs needed for achieving the diploma and/or commencement credentials available to them until they have earned a regular high school diploma or through the end of the school year in which they reach age 21, whichever is earlier.

    Policy References:

    Education Law Sections 3202 and 4402(5) 8 New York Code of Rules and Regulations (NYCRR) Sections 100.1, 100.2, 100.5, 100.6, 200.4 and 200.5

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 09/01/1975

    Revision History: 7/19/1994; 6/20/00; 4/20/04; 2/23/16; 2/26/19; 10/17/23

    In accordance with Education Law Section 3202, subdivision 1, students who have received a high school diploma are not entitled to attend courses given by the high school of residence or by the appropriate Board of Cooperative Educational Services without the payment of tuition.

    Accordingly, the Board of Education establishes the following tuition rates for post-graduate students:

    1. In the case where a post-graduate student is a resident of the District, the cost per credit hour is to be calculated on the basis of one-fifth the tuition as determined by Part 174 of the Commissioner’s Regulations.
    2. In cases of one-fourth or one-half credit, requests for tuition will be pro-rated based on the same formula.
    3. In no case will tuition exceed the maximum as computed by the Commissioner’s Regulations.
    4. In the case where a non-District resident requests permission to enter school as a post-graduate, the tuition will be determined on the basis of per pupil cost minus transportation.
    5. In the event that a post-graduate student attends the BOCES Occupational School, the tuition will be determined by BOCES and will be the responsibility of the student or their parent or guardian. An exception to this rule will be made for cosmetology students who have successfully completed two years of the cosmetology program, have graduated from Brockport High School and are short of the state mandated participation requirement by 100 hours or less. These students will be admitted as tuition free students.
    6. Post-graduate students are not eligible for transportation.
    7. Any student holding a Test Assessing Secondary Completion diploma may attend Brockport High School as a non-tuition student to obtain a high school diploma until age 21.
    8. A veteran of any age who has served a member of the Armed Forces of the United States and who has been discharged under conditions other than dishonorable may attend any of the public schools of the District free of charge.

    Policy References:

    Education Law Section 3202, subdivision 1 Part 174 of the Commissioner’s Regulations

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 03/25/1986

    Revision History: 7/19/1994; 6/20/00; 2/23/16; 2/26/19; 10/17/23

    In accordance with Commissioner’s Regulations, students may receive course credit by examination. Students must apply to the principal for such credit and must meet all criteria set forth in Commissioner’s Regulation 100.5 (d)(1).

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Section 100.5(d)(1) (NYCRR) Section 100.5(d)(1)

  • Last Reviewed Date: 6/20/2023

    Adoption Date: 10/22/2015

    Revision History: 3/15/16; 2/26/19; 3/15/22; 6/20/23

    The Board of Education requires each student in grades 9 through 12 to be enrolled in 6 ½  credits each school year.

    The Board acknowledges that the 6 ½ credit minimum requirement may not be feasible in particular circumstances. Each individual case will be referred to the Principal for consideration and final determination. This process will involve consultation with the Superintendent and their designee.

  • Last Reviewed Date: 10/17/2023

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 7/20/04; 2/23/16; 2/26/19; 10/17/23

    All students may choose to take college-level courses at accredited colleges or universities. Such opportunities may include early admission to college, collegiate-level work offered in the High School, or other means of providing advanced work.  Students may choose to matriculate in any one of the colleges that have a cooperative agreement with the Brockport Central School District.

    The District will not pay tuition and other related costs for those high school students enrolled in college courses.* Students who wish to enroll in college-level coursework shall meet all academic, grade level and coursework requirements as set forth by administrative rules and regulations.

    *Some students may be eligible for a scholarship or a fee waiver through the institution offering the course directly. Students should inquire directly through the institution for specific details.

  • Last Reviewed Date: 12/19/2023

    Adoption Date: 05/10/1978

    Revision History: 7/19/1994; 6/20/00; 7/1/08; 2/23/16; 7/26/19; 12/19/23

    The Brockport Central School District will comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA) which protects the privacy of student records.

    FERPA provides parents and eligible students the right to inspect, review, and to challenge their education records. It also requires written parent or eligible student consent to disclose the student’s records (in which the student is personally identifiable) to third parties, except for parties or in situations for which FERPA authorizes disclosure without consent.

    Definitions

    Under FERPA, the term “parent” includes guardians, and the term “eligible student” means a student who is eighteen years of age or older or who is attending an institution of post-secondary education.

    Once a student becomes “eligible,” the FERPA rights to privacy, access, and challenge transfer from the parents to the eligible student. However, parents who claim the student as a dependent for federal income tax purposes may continue to have access to the student’s records without the student’s consent.

    The term "education records" is defined as all District records, files, documents and other materials, regardless of medium, containing information directly related to a student. It does not include exclusions permissible under law, such as personal notes made by teachers or other staff when such notes are kept in the sole possession of the maker not accessible or revealed to any other person except a temporary substitute, and used only as a memory aid.

    Additionally, FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official's personal knowledge or observation and not from the student's education records. Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded.

    Release of Information to the Noncustodial Parent

    The District will presume that a noncustodial parent has the authority to request and receive information concerning their child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent's access to the records, they must provide a legally binding instrument that prevents the release of said information.

    Exceptions

    Pursuant to FERPA, the District may release student records including personally identifiable information  without parent/eligible student consent in certain circumstances, such as:

    • disclosures made to school officials with legitimate educational interests;
    • disclosures made to another school at which the student intends to enroll; or
    • disclosures made to state or local education authorities for auditing or evaluating federal- or state-supported education programs, or enforcing federal laws that relate to those programs; and disclosures including information the school has designated as "directory information."

    Policy References:

    Family Educational Rights and Privacy Act of 1974 20 United States Code (USC) Section 1232(g) 34 Code of Federal Regulations (CFR) Section Part 99

  • Last Reviewed Date: 12/19/2023

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 5/20/03; 1/20/04; 7/5/06; 12/4/07; 2/23/16; 2/26/19; 12/19/23

    The Brockport Central School District will publish an annual public notice informing parents or eligible students (i.e., a student 18 years of age or older or who is attending an institution of post-secondary education) of (1) the District's definition of directory information; (2) the parent or eligible student's right to opt-out of, in writing, the release of student directory information; and (3) indication of the time period to do so.

    Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Following this public notice and a reasonable period to opt-out, the District may release this information to an outside group without individual consent.

    Student directory information is:

    • Student's name
    • Address
    • Telephone number
    • Date and place of birth
    • Major field of study
    • Grade level
    • Participation in officially recognized activities and sports
    • Weight and height (for members of athletic teams)
    • Dates of attendance
    • Honors, degrees and awards received
    • Email address
    • Photograph
    • Name of educational institution previously attended
    • Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.
    • Student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

    Parents and eligible students may not, by opting out of disclosure of directory information, prevent a school from requiring a student to wear or present a student identification card or a badge that displays information that may be directory information. A student's social security number, in whole or part, will not be designated as directory information.

    Policy References:

    Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232(g) 34 Code of Federal Regulations (CFR) Part 99

  • Last Reviewed Date: 12/19/2023

    Adoption Date: 05/20/2003

    Revision History: 1/20/2004; 9/18/07; 12/4/07; 2/23/16; 2/26/19; 12/19/23

    The Brockport Central School District will comply with requests from military recruiters and institutions of higher education (IHEs) for access to the name, address, and telephone listing of each secondary school student, except for any student whose parent (or the student, if they are at least eighteen years of age) has submitted a written request to opt out of this disclosure, in which case the information will not be released without the parent's (or student's, if they are at least eighteen years of age) prior written consent.

    Annual Notification and Opt Out Opportunity

    The District will annually notify parents of a secondary student (or the student, if they are at least eighteen years of age) of the opportunity to submit a written request to opt out of disclosure of the student's name, address, and telephone listing to military recruiters and IHEs. If a written opt out request is submitted, the District will not disclose the student's information to military recruiters or IHEs.

    Military Recruiter Access

    The District will provide military recruiters the same access to secondary school students as is provided generally to IHEs or prospective employers of those students.

    Policy References:

    Elementary and Secondary Education Act of 1965, § 8529, 20 USC § 7908 as amended by the Every Student Succeeds Act (ESSA) of 2015 10 USC § 503 34 CFR § 300.571 Education Law § 2-a

  • Last Reviewed Date: 12/19/2023

    Adoption Date: 01/20/2004

    Revision History: 2/23/16; 12/19/23

    The Protection of Pupil Rights Amendment (PPRA) governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:

    1. Political affiliations or beliefs of the student or the student's parent/guardian;
    2. Mental or psychological problems of the student or the student's family;
    3. Sex behavior or attitudes;
    4. Illegal, anti-social, self-incriminating, or demeaning behavior;
    5. Critical appraisals of other individuals with whom respondents have close family relationships;
    6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
    7. Religious practices, affiliations, or beliefs of the student or student's parent/guardian; or
    8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

    PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors.

    General Provisions

    The requirements of PPRA do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). Further, PPRA does not supersede any of the requirements of the Family Educational Rights and Privacy Act (FERPA).

    The rights provided to parents and guardians under PPRA transfer from the parent or guardian to the student when the student turns eighteen years old or is an emancipated minor under applicable State law.

    Annual Parental Notification of Policies/Prior Written Consent/"Opt Out" Provisions

    The Brockport Central School District shall provide reasonable notice of the adoption or continued use of this policy directly to parents, guardians, and eligible students enrolled in the District. At a minimum, the District shall provide such notice at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy.

    Further, in the notification, the District shall offer an opportunity for parents and guardians to provide written consent or opt their child out of participation in the following activities in accordance with law and the surveys conducted:

    1. U.S. Department of Education (DOE)-Funded Surveys: Prior written consent from parents must be obtained before students are required to submit to the survey.
    2. Surveys funded by sources other than DOE: Notification may indicate the specific or approximate dates during the school year when surveys will be administered and provide an opportunity for the parent to opt his/her child out of participating upon receipt of the notification.
    3. Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).
    4. Any non-emergency, invasive physical examination or screening that is required as a condition of attendance; administered by the school and scheduled by the school in advance; and not necessary to protect the immediate health and safety of the student, or of other students. The term "invasive physical examination" means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision or scoliosis screening.

    Specific Notification

    In the event that the District does not identify the specific or approximate dates of the activities or surveys to be administered in the general annual notification, it shall directly notify  the parents of students who are scheduled to participate in the specific activities or surveys prior to participation and provide an opportunity for the parent to provide written consent or opt their child out of participation in accordance with law and the surveys conducted.

    U.S. Department of Education-Funded Surveys

    The District is committed to protecting the rights and privacy interests of parents, guardians, and students with regard to surveys funded in whole or part by any program administered by the U.S. Department of Education DOE.

    The District shall make instructional materials available for inspection by parents and guardians if those materials will be used in connection with a DOE-funded survey, analysis, or evaluation in which their children participate. In addition, the District shall obtain prior written consent from parents or guardians before minor students are required to participate in any DOE-funded survey, analysis, or evaluation that reveals information concerning any of the eight protected areas.

    Surveys Funded by Sources Other than U.S. Department of Education

    Requests by parents and guardians to inspect surveys from a source other than DOE are to be submitted, in writing, to the Building Principal at least ten  days prior to the administration or distribution of any survey. Further, the District shall grant a request by a parent or guardian for reasonable access to such survey within a reasonable period of time after the request is received by the District.

    Arrangements shall be provided by the District to protect student privacy in the event of the administration or distribution of a survey to a student containing one or more of the eight protected areas, including the right of the parent or guardian of the student to inspect, upon request, any survey containing one or more of the eight protected areas. Such requests must be submitted by the parent or guardian, in writing, to the Building Principal at least ten days prior to the administration or distribution of any survey.

    Parents and guardians shall be granted, upon request, reasonable access and the right to inspect instructional materials used as part of the educational curriculum for the student within thirty days after such request is received by the District. Requests shall be submitted by parents or guardians, in writing, to the Building Principal. The term "instructional material" means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audiovisual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.

    This policy does not apply to any physical examination or screening that is permitted or required by State law, including physical examinations or screenings that are permitted without parental notification.

    Unless mandated or authorized by Federal or State law or regulation, the District prohibited from  collecting, disclosing, or using of personal information (individually identifiable information including a student's, parent’s or guardian's first and last name; home address; telephone number; or Social Security number) collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose). Questions regarding the collection, disclosure, or use of personal information collected from students for such marketing purposes may be referred to the school attorney as deemed necessary by the Superintendent of Schools.

    This policy does not preempt applicable provisions of State law that require parent or guardian notification.

    This policy also does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as :

    1. College or other postsecondary education recruitment, or military recruitment;
    2. Book clubs, magazines, and programs providing access to low-cost literary products;
    3. Curriculum and instructional materials used by elementary schools and secondary schools;
    4. Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
    5. The sale by students of products or services to raise funds for school-related or education-related activities; and
    6. Student recognition programs.

    Policy References:

    20 United States Code (USC) Section 1232h(b) and (c), as amended by the No Child Left Behind Act of 2001 34 Code of Federal Regulations (CFR) Part 98 Part A of Title V of the Elementary and Secondary Education Act of 1965 Protection of Pupil Rights Amendment (PPRA) Family Educational Rights and Privacy Act of 1974 (FERPA) National Defense Authorization Act for Fiscal Year 2002

  • Last Reviewed Date: 12/19/2023

    Adoption Date: 12/03/1985

    Revision History: 7/19/1994; 1/04/00; 6/20/00; 1/20/04; 5/04/04; 11/02/04; 4/4/06; 3/6/07; 4/1/08; 1/19/16; 1/22/19; 12/19/23

    The Brockport Central School District shall establish procedures for the discipline of students that will be in accordance with section 3214 of the Education Law and Part 201 of the Regulations of the Commissioner of Education.

    Suspension From BOCES:

    The BOCES Principal may suspend District students from BOCES classes for a period not to exceed five school days when student behavior warrants such action.

    In-School Suspension:

    In-school suspension will be used as a lesser discipline to avoid an out-of-school suspension. The student shall be considered present for attendance purposes.

    BOCES Activities:

    BOCES activities, such as field trips and other activities outside the building itself, are considered an extension of the school program. Therefore, an infraction handled at BOCES is to be considered as an act within the District itself.

    A student who is ineligible to attend a District school on a given day may also be ineligible to attend BOCES classes. The decision rests with the Superintendent or their designee.

    Exhaustion of Administrative Remedies:

    A parent or guardian may appeal the decision of the Building Principal to suspend a student from school to the Superintendent of Schools, and then to the Board of Education. Regardless of the length of the student's suspension, the parent or guardian must appeal to the Board of Education prior to commencing an appeal to the Commissioner of Education.

    Procedure After Suspension:

    When a student has been suspended and is of compulsory attendance age, immediate steps shall be taken to provide alternative instruction which is of an equivalent nature to that provided in the student's regularly scheduled classes.

    When a student has been suspended, the suspension may be revoked by the Board whenever it appears to be for the best interest of the District and the student to do so. The Board may also condition a student's early return to school and suspension revocation on the student's voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where applicable.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 615(k)(l)] 18 United States Code (USC) Section 921 Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq. 20 United States Code (USC) Section 7151, as reauthorized by the No Child Left Behind Act of 2001 34 Code of Federal Regulations (CFR) Part 300 Education Law Sections 2801(1), 3214 and 4402 Penal Law Section 265.01 8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(l)(2), 200.4(d)(3)(i), 200.22 and Part 201

  • Last Reviewed Date: 12/19/2023

    Adoption Date: 06/19/1990

    Revision History: 8/8/1995; 6/20/00; 1/19/16; 1/22/19; 12/19/23

    The Board of Education recognizes a student’s right to free speech, and encourages student expression in its many forms, including, but not limited to, student newspapers, yearbooks, concerts, shows, and art exhibits. It also encourages the development of journalistic, theatrical and other skills, including writing, research, critical evaluation and analysis.

    A student’s exercise of their rights of free expression must be consistent with the Brockport Central School District’s objectives to develop in its students sound skills and values and to maintain an educational environment that is conducive to such development and respectful of the rights and sensibilities of others. All District-sponsored student expressive activities will comply with the rules set forth in this policy and in the Code of Conduct.

    All student publications, theatrical productions or other similar forms of expression shall be subject to faculty review prior to publication, production or other expression. Any material that, in the opinion of Superintendent of Schools or their designee, violates the Code of Conduct, may be removed. In taking such action, the Superintendent or their designee will provide the reason(s) for removal to the student(s) responsible for the material. Materials not produced under the guidance of a faculty advisor which are to be distributed or made available to students must be submitted to the Building Principal for permission prior to distribution. Such permission may include designation of the time and place during which such materials may be distributed or made available.

  • Last Reviewed Date: 12/19/2023

    Adoption Date: 06/24/1975

    Revision History: 5/2/1989; 7/19/94; 6/20/00; 1/20/04; 9/4/07; 12/04/12; 1/19/16; 1/22/19; 12/19/23

    The Board of Education recognizes that the misuse of alcohol, drugs, tobacco, and other illegal substances is a serious problem with legal, physical, emotional and social implications for our students, as well as the entire community. Therefore, the consumption, sharing and/or selling, use and/or possession of alcoholic beverages, tobacco products, illegal and prohibited drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited at any Brockport Central School District-sponsored or District-authorized function, on District grounds, or on school buses. Non-medical or otherwise inappropriate use of prescription and over-the-counter drugs is also prohibited.

    Smoking/Vaping:

    Smoking or vaping of any substance, shall not be permitted and no person shall smoke/vape on District property. The Commissioners regulations require strict enforcement of this policy on public District property.

    Persons Entering District Grounds:

    Persons shall be banned from entering District grounds or District-sponsored events (whether occurring on or outside of District grounds) when exhibiting behavioral, personal, or physical characteristics indicative of having used or consumed alcohol or other intoxicating or illegal and prohibited substances.

    The District will abide by Penal Law Section 220.00 for purposes of controlled substances offenses:

    Prevention and Intervention:

    The District shall create regulations regarding prevention and intervention regarding drug and alcohol abuse.

    Disciplinary Measures:

    Disciplinary measures for students consuming, sharing and/or selling, using and/or possessing alcoholic beverages, tobacco products, illegal and prohibited drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs shall be outlined in the District's Code of Conduct.

    Policy References:

    Safe and Drug-Free Schools and Communities Act, as reauthorized by the No Child Left Behind Act of 2001, 20 United States Code (USC) Section 7101 et seq. Education Law Section 2801(1) Penal Law Sections 70.70(2)(a)(i), 220.00(17), and 220.44(5) Vehicle and Traffic Law Section 142

  • Last Reviewed Date: 12/19/2023

    Adoption Date: 06/24/1975

    Revision History: 5/2/1989; 7/19/94; 6/20/00; 1/20/04; 2/1/11; 1/19/16; 1/22/19; 12/19/23

    A student may be searched and prohibited items seized on Brockport Central School District grounds, a school bus, or at a District-sponsored event by an authorized District official only when they have a reasonable suspicion that the student has engaged in or is engaging in activity which is in violation of the law or Code of Conduct.

    Searches and Seizure of School Property:

    Students have no reasonable expectation of privacy with respect to District property. Student desks, lockers, textbooks, computers, and other materials, supplies or storage spaces loaned by the District to students remain the property of the District, and may be opened and inspected by District employees at any time without prior notice to students and without their consent.

    Parent Notification

    The student’s parent or guardian will be notified if any illegal, prohibited, or dangerous articles or materials are found as a result of a search conducted in accordance with this policy.

    Questioning of Students by School Officials:

    District officials have the right to question students regarding any violations of the Code of Conduct or illegal activity. In general, administration may conduct investigations concerning reports of misconduct which may include, but are not limited to, questioning students, staff, parents/guardians, or other individuals as may be appropriate and, when necessary, determining disciplinary action in accordance with applicable due process rights.

    Law Enforcement Officials:

    The District shall cooperate with law enforcement agencies. Law enforcement officials may be summoned to conduct an investigation of alleged criminal conduct on District premises or during a District-sponsored activity, for the purpose of maintaining or restoring order when the presence of such officers is necessary to prevent injury to persons or property, or to otherwise maintain the educational environment.  

    Administrators have the responsibility and the authority to determine when the assistance of law enforcement officers is necessary within their respective jurisdictions.

    Interrogation of Students by Law Enforcement Officials:

    If police are involved in the questioning of students on District premises, whether or not at the request of District authorities, it will be in accordance with applicable law and due process rights afforded students.

    Child Protective Services' Investigations:

    From time to time, Child Protective Services may desire to conduct interviews of students on District property. Such interviews generally pertain to allegations of suspected child abuse or neglect. The Board of Education encourages cooperation with Child Protective Services in accordance with applicable law.

    Policy References:

    Education Law Sections 1604(9), 1604(30), 1709(2), 1709(33) and 2801 Family Court Act Section 1024 Social Services Law Sections 411-428 8 New York Code of Rules and Regulations (NYCRR) Section 100.2(l)

  • Last Reviewed Date: 3/5/2024

    Adoption Date: 03/26/1985

    Revision History: 7/19/1994; 6/20/00; 1/19/16; 1/22/19; 3/5/24

    Overview

    The District prohibits the use of corporal punishment, aversive interventions and seclusion. The District authorizes the limited use of timeout and physical restraint in schools to address student behaviors subject to conditions in law, regulation and this policy.

    Definitions

    For purposes of this policy, the following definitions apply:

    1. Aversive intervention means an intervention that is intended to induce pain or discomfort for the purpose of eliminating or reducing student behavior.
    2. Corporal punishment means any act of physical force upon a student for the purpose of punishing that student. The term does not include the use of physical restraints to protect the student, another student, teacher, or any other person from physical injury when alternative procedures and methods not involving the use physical restraint cannot reasonably be employed to achieve these purposes.
    3. Seclusion means the involuntary confinement of a student alone in a room or space that they are physically prevented from leaving or they may perceive that they cannot leave at will. Seclusion does not include timeout.

    Physical Restraint

    Physical restraint will only be used in a situation in which immediate intervention involving the use of reasonable physical force is necessary to prevent imminent danger of serious physical harm to the student or others.

    Notification Following the Use of Timeout and/or Physical Restraint

    Parent(s) or guardian(s) to the student will be notified on the same day when timeout, physical restraint, and/or mechanical restraint is used. The District will maintain documentation on the use of timeout and/or physical restraint.

    Policy References:

    Rules of the Board of Regents Section 19.5 8 New York Code of Rules and Regulations (NYCRR) Section 100.2(l)(3)

  • Last Reviewed Date: 3/5/2024

    Adoption Date: 02/14/1995

    Revision History: 8/8/1995; 1/16/96; 6/20/00; 1/20/04; 3/6/07; 5/6/14; 1/19/16; 1/22/19 ; 3/5/24

    No student may bring in or possess a "firearm" (as defined in 18 U.S.C. § 921(a)) or "weapon" (as defined in 18 U.S.C. § 930(g)(2)) on Brockport Central School District property, on a school bus or District vehicle, in District buildings, at District-sponsored activities, or settings under the control or supervision of the District, regardless of location. Any student who has been found guilty of bringing in or possessing a firearm or weapon in violation of this policy will be disciplined in a manner consistent with state and federal law and the District's Code of Conduct. This may include a mandatory suspension for a period of at least one calendar year for a student who is determined to have violated the federal Gun-Free Schools Act and its implementing provisions in the New York State Education Law, provided that the Superintendent of Schools may modify the suspension requirement on a case-by-case basis.

    Students who violate this policy will be referred by the Superintendent to either the agency or authority responsible for presenting a juvenile delinquency proceeding, or to appropriate law enforcement officials as dictated by law.

    Students with disabilities continue to be entitled to all rights enumerated in the Individuals with Disabilities Act and Education Law Article 89.

    This policy does not limit the authority of the Board of Education to offer courses in instruction in the safe use of firearms consistent with Education Law Section 809-a or authorize competitive or extracurricular target shooting clubs.

    Policy References:

    Gun-Free Schools Act as reauthorized by the No Child Left Behind Act of 2001 18 United States Code (USC) Sections 921(a) and 930 Criminal Procedure Law Section 1.20(42) Education Law Sections 310, 809-a, AND 3214

  • Last Reviewed Date: 6/4/2024

    Adoption Date: 06/05/2001

    Revision History: 1/20/2004; 11/02/04; 1/19/16; 1/22/19; 6/4/24

    In compliance with The Children's Internet Protection Act (CIPA) and Regulations of the Federal Communications Commission (FCC), the Brockport Central School District will use technology protection measures to filter or block access to certain prohibited material on all District computers with Internet access. Prohibited materials include, but is not limited to, visual depictions that are obscene, child pornography or, in the case of student computers, depictions that are considered harmful to minor students. Further, appropriate monitoring of online activities of minors, as determined by the Director of Information Technology in conjunction with building principals, will also be enforced to ensure the safety of students when accessing the Internet.

    However, because filtering technology cannot guarantee that staff and students will be prevented from accessing all prohibited materials, additional safety procedures, as deemed appropriate by the Director of Information Technology, in conjunction with building principals, will be implemented provided to ensure compliance with the CIPA, including implementation of an Acceptable Use Policy, which will include a prohibition on unauthorized access and other unlawful activities

    Internet Safety Instruction

    In accordance with New York State Education Law, the District may provide  age-appropriate instruction to all students designed to promote the proper and safe use of the Internet.

    Under the Protecting Children in the 21st Century Act, students will also be educated on appropriate online interactions with other individuals, as well as cyberbullying awareness and response.

    Access to Inappropriate Content/Material and Use of Personal Technology or Electronic Devices

    The District has made best efforts to restrict access to inappropriate content on District devices and networks. The District is not responsible for inappropriate material accessed via District-provided technology.

    Notification/Authorization

    The District's Acceptable Use Policy will be provided to parents or legal guardians and students.

    The District's Internet Safety and Internet Content Filtering Policy will be made available to the FCC and the public on request.

    Policy References:

    47 United States Code (USC) Sections 254(h) and (l) 47 Code of Federal Regulations (CFR) Part 54 Accessibility The Children's Internet Protection Act (CIPA) Regulations of the Federal Communications Commission (FCC) Acceptable Use Policy (AUP)

  • Last Reviewed Date: 6/4/2024

    Adoption Date: 04/22/1997

    Revision History: 6/20/2000; 12/7/04; 8/21/07; 1/19/16; 6/4/24

    By accessing the Brockport Central School District network, all users must comply with the acceptable use policy.

    Rules and Responsibilities

    Students are responsible for good behavior on school computer networks just as they are in a classroom or school hallway. Communications on the network are often public in nature. General school rules for behavior and communications apply as outlined in the students handbook and the District Code of Conduct.

    Internet access is provided for students to conduct research and communicate with others in relation to school work. Access to network services is given to students who agree to act in a considerate and responsible manner. Parent permission is required. the District may deny access at any time based on violations of the acceptable use policy.

    The use of network resources must be in support of education and research and must be consistent with academic expectations of the District. Use of other organizations' networks or computing resources must comply with rules appropriate for that network. Transmission of any material in violation of federal or state law including copyrighted, threatening, or obscene materials is prohibited. Use of District resources for commercial activities by for-profit organizations, product promotion, political lobbying, or illegal activities is also prohibited.

    The user is expected to abide by the following network rules of etiquette. The user will:

    1. Be polite and do not transmit abusive messages.
    2. Use appropriate language (swearing, use of vulgarities or any other inappropriate language is prohibited).
    3. Not transmit obscene materials or receive offensive messages or pictures from any source.
    4. Not reveal their personal address or phone number or of others.
    5. Not communicate any credit card number, bank account number, or any other financial information.
    6. Not assume that all electronic mail is private.
    7. Not send inflammatory or derogatory messages.
    8. Not tamper with or copy school-owned software or load personal software onto school-owned computers.
    9. Not download non-educational software from the Internet.
    10. Not use the network in a way that would disrupt the use of the network by other users.
    11. Not commit acts of vandalism.
    12. Not use school computers for unauthorized purposes.
    13. Confine printing to school related materials.
    14. Not post personal web pages as part of the District's website.

    Violation of any of the above mentioned rules and responsibilities may result in a loss of access and may result in other disciplinary or legal actions.

  • Last Reviewed Date: 6/4/2024

    Adoption Date: 07/19/2004

    Revision History: 10/7/2008; 6/20/00; 8/13/02; 11/7/06; 10/7/08; 1/5/16; 12/18/18; 6/4/24

    The Board of Education considers extraclassroom activities to be a valuable part of education and supports these activities. Extraclassroom activities shall provide students with opportunities for broadening and strengthening their educational experiences and will be available to K-12 students who attend the Brockport Central School District or an alternate school or program.
     

    Approved Extraclassroom Activities

    All extraclassroom activities shall be approved by the Board.

    Faculty Advisor

    Each extraclassroom activity shall have a faculty advisor recommended by the Superintendent of Schools and approved by the Board of Education. The faculty advisor shall attend all meetings of the extraclassroom activity and provide guidance on governance of a club.

    Travel and Transportation

    All overnight trips and foreign travel must be approved by the building principal and the Board. 

    The faculty advisor shall provide a written itinerary to each student, along with a copy of the code of acceptable conduct and secure written permission from a student's parent or legal guardian for all overnight and foreign travel.

    The Board prohibits student organizations whose activities may be unlawful or may cause disruption or interference with the orderly conduct of the educational process.

    Eligibility for Participation

    Participation at extraclassroom activities shall be based on the following:

    1. Students who are suspended from school on a day of an athletic game or practice session, extraclassroom activity, party, school dance, or any other school event scheduled outside regular school hours are not eligible for participation or attendance at such events.
    2. For a student to attend a school-sponsored function, it is necessary that the student attend classes for at least half of the school day on the day of the activity. One-half of the school day is defined as follows: from 7:30 a.m. until 11 a.m. or from 11 a.m. until the end of the school day.
    3. Students in the middle and high school must maintain a minimum academic record for participation in extraclassroom activities.

    Policy References:

    8 New York Code of Rules and Regulations(NYCRR) Sections 172.1 and 172.2 Education Law Sections 1709, 1709-a, 2503-a, and 2554-a Equal Access Act, 20 United States Code (USC)Sections 4071-4074

  • Last Reviewed Date: 6/18/24

    Adoption Date: 07/19/1994

    Revision History: 1/16/1996; 6/20/00, 9/3/13, 9/2/2014; 1/5/16; 6/7/16; 1/4/22; 6/18/24

    The Board of Education encourages students to fulfill their academic responsibilities while attending or participating in extraclassroom activities. The Board believes that participation in extracurricular activities contributes to the development of health, physical skills, emotional maturity, responsibility, and social competence in our students.

    Participation in extracurricular activities is a privilege that carries with it responsibilities to the school, club or team, the student body, and the community. As a requirement for participating in extracurricular activities, students are expected to satisfy all academic requirements provided in regulation by the Superintendent of Schools, and follow the Code of Conduct and NYSPHSAA Code of Ethics (as applicable).

    All coaches and extracurricular advisors are to be knowledgeable of the requirements for extracurricular eligibility, and to certify to the Superintendent that they have reviewed those requirements with students at the first team or club meeting each academic year.
     

    See Regulation 7411R. 

  • Last Reviewed Date: 6/18/24

    Adoption Date: 08/24/1972

    Revision History: 1/23/1974; 5/11/76; 5/78; 7/19/94; 6/20/00; 4/06/04; 1/5/16; 12/18/18; 6/20/23; 6/18/24

    The Board of Education believes that all students should have the opportunity to participate in some form of interscholastic or intramural athletic competition.
    The Board believes that athletic competition provides opportunities for students to grow physically and intellectually through their experience in self-discipline and their contributions to a team effort. The actual competition is believed to be the culmination of many aspects of athletic instruction.

    The teaching of basic fundamentals, rules and conditioning as well as the fostering of a healthy attitude toward competition are felt to be the primary and essential goals in athletic instruction.

    It is recognized that a well-organized and well-conducted athletic program is a potent factor in the morale of a high school student body and an important phase of good community-school relations. Too great an emphasis on winning contests is harmful to the development of good attitudes among students and the public. The Board believes that students should develop a positive attitude toward both winning and losing. A gracious winner and a good loser are both important goals to the educational aspect of athletics. To this end, the Board recognizes that the various athletic levels have differing goals:

    Intramurals

    Intramurals will be operated as a recreational program. It is expected that all athletes participate fully in practices, games, and contests, with an emphasis on engagement rather than solely on winning.

    Modified B/Modified A/Freshman

    This program of competitive sports focuses on the fundamentals of the game, rules, training and basic skills.

    It is expected that all athletes participate fully in practices, games, and contests, with an emphasis on engagement rather than solely on winning.

    Junior Varsity

    The junior varsity level of competition is the program where increased emphasis is placed on team play, physical conditioning and refinement of basic skills. Winning at the junior varsity level is considered important and participants should be taught how to cope with losing and crowd influence during contests.

    It is expected that all athletes participate fully in practices, games, and contests, with a balanced emphasis on engagement and winning.

    Varsity

    The varsity level of competition is the culmination of the high school athletic program. Team play, sportsmanship, individual physical ability, motivation and mental attitude are very important aspects of competition at the varsity level. The goal of varsity play is to win the contest, but varsity contestants should accept the fact that important lessons are to be learned from losing.

    Although everyone may not experience that same amount of playing time, participation for all athletes in practices, games and contests is desired.

    Athletic Placement Process for Interschool Athletic Programs (APP)

    The APP is a method for evaluating students who want to participate in sports at higher or lower levels, consistent with their physical and emotional maturity, size, fitness level, and skills. The Board approves the use of the APP for all secondary school interscholastic team members. The Superintendent of Schools will implement procedures for the APP, and will direct the athletic director to maintain records of students who have successfully completed the APP.

    Student Athletic Injuries

    No student should be allowed to practice or play in an athletic contest if they are injured. The diagnosis of and prescription of treatment for injuries is strictly a medical matter and should under no circumstances be considered within the province of the coach. A coach's responsibility is to see that injured players are given prompt and competent medical attention, and that all details of the Athletic Trainer or a doctor's instructions concerning the student's functioning as a team member are carried out. No student will be allowed to practice or compete if there is a question whether they are in adequate physical condition.

    A physician's certificate is required before an athlete is permitted to return to practice or competition. Student athletes who suffer a concussion must complete the Return to Play concussion protocol before they are allowed to compete.

    Athletic Program - Safety

    The District will take reasonable steps to see that physical risks to students participating in the interscholastic athletic program shall be kept at a minimum by:

    1. Requiring medical examinations of participants;
    2. Obtaining certificated officials to coach all varsity, junior varsity, and modified games;
    3. Ensuring that equipment is both safe and operative within approved guidelines; and
    4. Scheduling a reasonable number of interscholastic contests at appropriate times and locations.

    Overnight Athletic Trips

    Overnight Athletic Trips include local or out-of-state trips (excluding postseason contests such as sectionals and state contests) which require that students obtain overnight accommodations. All overnight trips will require the approval of the Board prior to the commencement of any fundraising. Final approval for overnight trips will require: (a) an itinerary, (b) a statement of how the trip is funded, and (c) a list of the Board approved chaperones at least three weeks prior to the trip (with the exception of sectional/state contests may have a shorter timeline).

    The Superintendent shall prepare procedures for the operation of overnight athletic trips. Regardless of the fiscal support for field trips, the rules of the District for approval and conduct of such trips shall apply.

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Section 135

     

  • Last Reviewed Date: 12/18/2018

    Adoption Date: 04/24/1980

    Revision History: 3/21/1989; 7/19/94; 6/20/00; 1/5/16; 12/18/18

    Distribution of educational material, essay contests, and poster contests must be approved in advance by the building principals if the sponsoring organization wishes to involve students in the project on school time. Samples of informational material should accompany the request. Upon the judgment of the principal, the request may be forwarded to the Superintendent or his/her designee for approval.

    Student Awards and Scholarships

    The District may obtain and award to its students awards and scholarships. The Board of Education, having been entrusted by law, will hold in trust gifts, grants, bequests and legacies given or bequeathed to the District and shall apply the same and/or their interest and proceeds according to the instruction of the donors and according to the procedures established by the administration.

    Policy References:

    Education Law Section 1709(12-a)

  • Last Reviewed Date: 12/18/2018

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 1/5/16; 12/18/18

    Students working on any activity must be supervised by the teacher or staff member in charge of the activity. This applies to all in school and extracurricular activities as well as sports activities and events. Permission to hold practices or meetings must not be granted unless a teacher or staff member is physically present and in charge.

    1. District personnel will be fully responsible for the supervision of all students in either their class or their after school activities. The appropriate District personnel member will maintain supervision over the locker rooms by personally being present during the changing periods or will have an appropriate coach or assistant monitor outside the locker room.
    2. Coaches are responsible for the supervision of their athletes at the end of practice. This may entail supervision of the locker rooms, bus duty, or making sure students have transportation home.
    3. Teachers and/or assigned school personnel in the elementary grades will be responsible for the playground supervision of all the children under their jurisdiction during the recess periods. The principal is responsible for developing the expectations so that the playground situation will be properly supervised.
    4. Students are not to be sent on any type of errand away from the building without the consent of the principal. 

  • Last Reviewed Date: 6/4/2024

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 1/5/16; 12/18/18; 6/4/24

    The Board of Education endorses the participation of district students in the District’s music program. School-owned instruments will be distributed by the instrumental music staff. Decisions will be dependent upon the individual student's talent and merit and the need for a balanced instrumentation at each grade level.

    Students and parents or legal guardians are responsible for proper care of school-owned instruments and will pay for damages to same.

    The District will only transport in its vehicles those instruments meeting certain safety standards as indicated in the New York State Department of Transportation Regulations.
     

    Policy References:

    17 New York Code of Rules and Regulations (NYCRR) Section 720.22

  • Last Reviewed Date: 6/4/2024

    Adoption Date: 6/20/2000

    Revision History: 5/20/2003; 4/20/04; 9/5/06; 1/5/16; 12/18/18; 6/4/24

    Fundraising projects in which students sell merchandise, provide services, or in other ways solicit money for school activities may be sponsored by school organizations only after approval of the building principal and Student Council. All fundraising plans will have a clearly defined purpose, shall contribute to the educational experience of students, and shall not conflict with instructional programs or state mandates. No fundraising activity will be approved where a conflict of interest exists involving an employee or member of the Board of Education. 

    Fundraising activities away from school property should be held to a minimum. Door-to-door sales are prohibited. All materials must have district approval when the fundraising is scheduled and administration has the authority to prevent distribution of materials if they are different from materials that were approved. Non-participation in fundraising will not prohibit a student from the educational benefit of the activity.

    Fundraising by students or employees cannot be used to defray a portion of the District's educational program. In addition, employees will not deposit fundraising proceeds in personal bank accounts.

    All fundraising should be in accordance with state and federal law.

    Policy References:

    New York State Constitution, Article 8, Section 1 Education Law Section 414 8 New York Code of Rules and Regulations (NYCRR) Section 19.6

  • Last Reviewed Date: 6/4/2024

    Adoption Date: 7/19/1994

    Revision History: 5/2/1995; 6/20/00; 3/7/2018; 6/4/24

    Direct solicitation of charitable donations from children in the Brockport Central School District while on school property during regular school hours is prohibited.

    However, this policy does not prevent the following types of fundraising activities:

    1. Arms-length transactions, where the purchaser receives a consideration for their donation. For example, the sale of goods or tickets for concerts or social events, where the proceeds go to charity, shall not be prohibited as the purchaser will receive consideration - the concert or social event - for the funds expended;
    2. Indirect forms of charitable solicitation on school premises that do not involve coercion, such as placing a bin or collection box in a hallway or other common area for the donation of food, clothing, other goods or money. However, collection of charitable contributions of food, clothing, other goods or funds from students in the classroom or homeroom is prohibited.

    The Board of Education shall determine which organizations may solicit charitable donations and for what purposes, as long as the activities comply with the terms of this policy and the Rules of the Board of Regents.

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Section 19.6 New York State Constitution Article VIII, Section 1 Education Law Section 414

  • Last Reviewed Date: 6/4/2024

    Adoption Date: 07/24/2012

    Revision History: 8/15/2012; 10/01/2013; 1/22/19; 1/27/23; 6/4/24

    In accordance with the Dignity for All Students Act, the Brockport Central School District will strive to create an environment free of discrimination and harassment and will foster civility in the schools to prevent and prohibit conduct which is inconsistent with the District's educational mission.

    The District condemns and prohibits all forms of bullying, discrimination and harassment of students whether based on actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, or other protected category by District employees or students, on District property, at District-sponsored activities, and events that take place at locations off District property. All administrators, faculty, staff, parents or legal guardians, families, volunteers, and students shall not tolerate harassment, hazing, and bullying in any form, and must model behavior that is respectful and civil.

    In addition, any act of bullying (including cyberbullying) discrimination or harassment, off/outside of District property or sponsored events, which can reasonably be expected to materially and substantially disrupt the educational process may be subject to discipline.

    Employees must, when made aware of potential bullying, discrimination or harassment, to intervene in accordance with this policy.

    Dignity Act Coordinator

    At least one employee at every school shall be designated as the Dignity Act Coordinator. Dignity Act Coordinators will be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (identity or expression) and sex. The Board of Education shall appoint the Dignity Act Coordinators and share the names and contact information with all school personnel, students, and parents or legal guardians.

    If a Dignity Act Coordinator vacates their position, another employee shall immediately be designated for an interim appointment as Coordinator, pending approval from the Board, within thirty days of the date the position was vacated. In the event a Coordinator is unable to perform the duties of the position for an extended period, another employee shall promptly be designated for an interim appointment as Coordinator, pending return of the previous Coordinator to the position.

    Training and Dissemination

    Training will be provided each school year for all employees in conjunction with existing professional development training to raise staff awareness and sensitivity of bullying, harassment and discrimination directed at students that are committed by students, employees, or others on school property or at a school function. Training will include ways to promote a supportive school environment that is free from bullying, discrimination and harassment, emphasize positive relationships, and demonstrate prevention and intervention techniques to assist employees in recognizing and responding to bullying, harassment and discrimination, as well as ensuring the safety of the victims.

    Instruction in Kindergarten through Grade 12 shall include a component on civility, citizenship and character education. This component shall instruct students on the principles of honesty, tolerance, personal responsibility, respect for others, observance of laws and rules, courtesy, dignity and other traits which will enhance the quality of their experiences in, and contributions to, the community. For the purposes of this policy, "tolerance," "respect for others" and "dignity" shall include awareness and sensitivity to discrimination or harassment and civility in the relations of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, genders and sexes.

    Rules against bullying, discrimination and harassment will be included in the Code of Conduct, publicized District-wide and disseminated to all employees, volunteers and parents or legal guardians. An age-appropriate summary shall be distributed to all students at a school assembly at the beginning of each school year.

    Reports and Investigations of Discrimination and Harassment

    The District cannot effectively address inappropriate behaviors if incidents are not reported. Students who have been subjected to bullying, harassment or discrimination, parents or legal guardians whose children have been subjected to bullying, harassment or discrimination, or others who observe potential bullying, harassment or discrimination are encouraged and expected to make a verbal or written complaint to any school personnel.

    The District has adopted a reporting form that may be used to report any complaints regarding bullying, harassment or discrimination under this policy. This form is accessible on the District’s website.

    All District staff who are aware of potential bullying, harassment and/or discrimination, are required to orally report the incident(s) within one school day to the principal, Superintendent of Schools or their designee and report it in writing within two school days after making an oral report.

    The District will investigate all complaints of bullying, harassment and discrimination, either formal or informal, and take prompt corrective or remedial measures, as determined by the District to be necessary and appropriate. A principal, the Superintendent or their respective designees will supervise the investigation. If, after an investigation, the District finds that this policy has been violated, corrective, disciplinary, and remedial action will promptly be taken in accordance with District policies and regulations, the Code of Conduct, and all appropriate federal or state laws. Such actions will be reasonably calculated to end the harassment, bullying or discrimination, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and verify the safety of the student(s) against whom such harassment, bullying or discrimination was directed.  If this behavior rises to the level of criminal activity, law enforcement will be contacted.

    Prohibition of Retaliatory Behavior

    The Board prohibits retaliation against a complainant and those who participate in the investigation of a complaint who have acted reasonably and good faith.

    Dissemination, Monitoring, Review, and Reporting

    Principals shall make a regular report on data and trends related to bullying, harassment and discrimination to the Superintendent.

    The District will annually report all verified material incidents of discrimination and harassment to the State Education Department in accordance with the state’s reporting protocols.

    Policy References:

    Dignity for All Students Act, Education Law, §10 – 18

  • Last Reviewed Date: 10/15/24

    Adoption Date: 08/30/1979

    Revision History: 7/19/1994; 6/20/00; 3/6/07; 3/15/16; 7/2/19; 10/15/24

    Every child entering or attending a District school must present proof of immunization in accordance with Public Health Law Section 2164 unless:

    A New York State licensed physician certifies that such immunization may be detrimental to the child's health.

    Except for a medical exemption, the District may not permit a student lacking evidence of immunization to remain in school for more than fourteen (14) days, or more than thirty (30) days for an out-of-state or out-of-country transferee who can show a good faith effort to get the necessary certification or other evidence of immunization.

    The administration will notify the local health authority of the name and address of excluded students and provide the parent/person in parental relation a statement of their duty regarding immunization as well as a consent form prescribed by the Commissioner of Health. The school shall cooperate with the local health authorities to provide a time and place for the immunization of these students.

    Parents, guardians or other persons in parental relation may appeal to the Commissioner of Education if their child is denied school entrance or attendance for failing to meet health immunization standards.

    The District will provide an annual summary of compliance with immunization requirements to the Commissioner of Health.

    Policy References:

    Education Law Sections 310 and 914 Public Health Law Section 2164 8 New York Code of Rules and Regulations (NYCRR) Part 136 10 New York Code of Rules and Regulations (NYCRR) Subpart 66-1

  • Last Reviewed Date: 10/15/24

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 9/5/06; 9/18/07; 2/10/09; 11/16/10, 12/20/11; 3/15/16; 4/23/19; 10/15/24

    Health Examination

    Each student enrolled in District schools must have a satisfactory health examination conducted by the student's physician, physician assistant or nurse practitioner within twelve (12) months prior to the commencement of the school year of:

    1. The student's initial and re-entrance in a District school at any grade level;
    2. Currently in the following grades: UPK or K, 1, 3, 5, 7, 9, and 11;
    3. Yearly for sports participation 7th through 12th grade.

    The District may also recommend an examination of a student when it is determined by the District that it would promote the educational interests of the student.

    In addition, the District requires a certificate of physical fitness for:

    1. All athletes prior to their first sport of the school year, then only those who were injured or ill during their first sport before participating in a second sport during the school year; and
    2. All students who need work permits.
    3. All students either suspected of or sustaining a mild traumatic brain injury (concussion) must receive a written and signed authorization from a licensed physician before returning to athletic activities in school. (Addition of specific injury to clarify the concussion protocol in Board policy)

    Health Certificate

    Each student must submit a health certificate attesting to the health examination within thirty (30) days after their entrance into:

    1. A District school at any grade level;
    2. Prekindergarten or kindergarten; and
    3. 1st, 3rd, 5th, 7th, 9th, and 11th grades.

    If a student does not submit the required health certificate within 30 calendar days after their entrance, the building principal or designee will send a notice to the student's parent or legal guardian stating that if the required health certificate is not submitted within 30 calendar days from the date of the notice, the Director of School Health Services will conduct an examination by health appraisal of the student.

    The health certificate must:

    1. Describe the condition of the student when the examination was given;
    2. State the results of any test conducted on the student for sickle cell anemia;
    3. State whether the student is in a fit condition of health to permit their attendance at public school and, where applicable, whether the student has defective sight or hearing, or any other physical disability which may tend to prevent the student from receiving the full benefit of school work or from receiving the best educational results, or which may require a modification of such work to prevent injury to the student;
    4. Include a calculation of the student's body mass index (BMI) and weight status category. BMI is computed as the weight in kilograms divided by the square of height in meters or the weight in pounds divided by the square of height in inches multiplied by a conversion factor of 703. Weight status categories for children and adolescents shall be defined by the Commissioner of Health. BMI collection and reporting is required every two years.
    5. Be signed by a duly licensed physician, physician assistant, or nurse practitioner, who is authorized by law to practice in New York State consistent with any applicable written practice agreement; or authorized to practice in the jurisdiction in which the examination was given, provided that the Commissioner of Health has determined that such jurisdiction has standards of licensure and practice comparable to those of New York. A certificate signed by a chiropractor is not acceptable except for a scoliosis evaluation.

    Dental Certificate

    The dental certificate law became effective on September 1, 2008. This law applies to new entrants in PreK, K, Grades 2, 4, 7 and 10. In accordance with this law, a notice of request for a dental health certificate shall be distributed at the same time that the parent/person in parental relation is notified of health examination requirements, such certificate to be furnished at the same time the health certificate is required. At this time, students will be permitted to attend school regardless of whether or not they have a dental certificate.

    The dental certificate shall be signed by a duly licensed dentist authorized by law to practice in New York State or one who is authorized to practice in the jurisdiction in which the examination was performed, provided that the Commissioner has determined that the jurisdiction has standards of licensure and practice comparable to New York State. The certificate shall describe the dental health condition of the student upon examination, which shall not be more than twelve (12) months prior to the commencement of the school year in which the examination is requested, and shall state whether the student is in fit condition of dental health to permit their attendance at the public schools.

    Requests are not to be retroactive (i.e., any physical requested prior to September 1, 2008 does not need to have an additional notice sent requesting the dental certificate). Requests are not required when the student or parent/person in parental relation objects on the grounds of conflict with their genuine and sincere religious beliefs. Within thirty (30) days following the student's entrance in the school or grade, the certificate, if obtained, shall be filed in the student's cumulative health record.

    Examination by Health Appraisal

    The Principal or the Principal's designee will send a notice to the parents of, or person in parental relationship to, any student who does not present a health certificate, that if the required health certificate is not furnished within thirty (30) days from the date of such notice, an examination by health appraisal will be made of such student by the Director of School Health Services.

    The Director of School Health Services shall cause such students to be separately and carefully examined and tested to ascertain whether any such student has defective sight or hearing, or any other physical disability which may tend to prevent the student from receiving the full benefit of school work or from receiving the best educational results, or which may require a modification of such work to prevent injury to the student.

    The physician, physician assistant or nurse practitioner administering such examination shall determine whether a one-time test for sickle cell anemia is necessary or desirable and, if so determined, shall conduct such test and include the results in the health certificate.

    Unless otherwise prohibited by law, if it is ascertained that any students have defective sight or hearing, or a physical disability or other condition, including sickle cell anemia which may require professional attention with regard to health, the Principal or Principal's designee shall notify, in writing, the student's parents or persons in parental relation as to the existence of such disability. If the parents or persons in parental relation are unable or unwilling to provide the necessary relief and treatment for such students, such fact shall be reported by the Principal or Principal's designee to the Director of School Health Services, who then has the duty to provide relief for such students.

    District Reporting of BMI and Weight Status Category

    Each school year, the New York State Department of Health randomly selects a certain number of districts across New York State to report, in the aggregate, students' BMI and weight status categories. Selected districts must report this information online. A student's parent or person in parental relation may refuse to have the student's BMI and weight status category included in this survey.

    Lead Screenings

    Prior to or within three months after initial enrollment of a student under six years old, the District will obtain from the student's parent or person in parental relation evidence that the student has been screened for lead. If the District does not receive evidence that the student has been screened for lead, the District will provide the student's parent or person in parental relation with information on lead poisoning in children and lead poisoning prevention, as well as refer the parent or person in parental relation to a primary care provider or the local health authority for a blood lead test.

    Health Screenings

    The District will provide:

    1. Scoliosis screening at least once each school year for all students in grades 5 through 9. The positive results of any such screening examinations for the presence of scoliosis shall be provided in writing to the student's parent or person in parental relation within ninety (90) days after such finding;
    2. Vision screening to all students who enroll in school including at a minimum color perception, distance acuity, near vision and hyperopia within six (6) months of admission to the school. In addition, all students shall be screened for distance acuity in grades Kindergarten, 1, 2, 3, 5, 7 and 10 and at any other time deemed necessary. The results of all such vision screening examinations shall be in provided in writing to the student's parent or person in parental relation and to any teacher of the student. The vision report will be kept in a permanent file of the school for at least as long as the minimum retention period for such records;
    3. Hearing screening to all students within six (6) months of admission to the school and in grades Kindergarten, 1, 3, 5, 7 and 10, as well as at any other time deemed necessary. Screening shall include, but not be limited to, pure tone and threshold air conduction screening. The results of any such hearing tests shall be provided in writing to the student's parent or person in parental relation and to any teacher of the student.

    The results of all health screenings (dental, hearing, vision and scoliosis) shall be recorded on appropriate forms signed by the health professional making the examination, include appropriate recommendations, and be kept on file in the school. The health records of individual students will be kept confidential in accordance with the federal Family Educational Rights and Privacy Act (FERPA) and any other applicable federal and State laws.

    Accommodation for Religious Beliefs

    No health examinations, health history, examinations for health appraisal, screening examinations for sickle cell anemia and/or other health screenings shall be required where a student or the parent or person in parental relation to such student objects thereto on the grounds that such examinations, health history and/or screenings conflict with their genuine and sincere religious beliefs. A written and signed statement from the student or the student's parent or person in parental relation that such person holds such beliefs shall be submitted to the Superintendent and/or his/her designee, in which case the Superintendent or Superintendent’s designee may require supporting documents.

    Homeless Students

    For homeless children, the enrolling school must immediately refer the parent or guardian of the student to the District's homeless liaison, who must assist them in obtaining the necessary medical records.

    Policy References:

    Family Educational Rights and Privacy Act of 1974 (FERPA), 20 United States Code (USC), Section 1232(g) Education Law, Sections 901 to 905, 912, and 3217 8 NYCRR Part 136

  • Last Reviewed Date: 10/15/24

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 1/20/04; 7/1/2008; 12/04/12; 3/15/16;04/23/2019; 10/15/2024

    The school's registered professional nurse may administer medication to a student during school hours under certain conditions. (For the purpose of this policy "medication" includes prescription and non-prescription). Per New York State Education Department (NYSED) requirements, the school must receive the following before medication is given to a student:

    1. The original written order from the student's physician stating the name of the medication, precise dosage, frequency and time of administration;
    2. A written, signed consent from the student's parent or legal guardian requesting the administration of the medication, as prescribed by the physician, to the student in school; and
    3. The medication, properly labeled in its original container, must be delivered to the School Health Office by the student's parent or legal guardian. (The term "properly labeled" in the context of this policy means that the container must include the following information: the student's name, name of medication, dosage, frequency and prescribing physician.) A student is not permitted to carry any medication on his/her person in school, or on the school bus, or keep any medication in his/her school locker(s). An exception to this policy may apply for a student's asthma inhaler or epi-pen which a student may carry and use under certain conditions.

    All medication orders must be reviewed annually or whenever there is a change in dosage.

    Procedures governing the School District's receipt, storage and disposal of medication, as well as those pertaining to the administration of medication to a student after school hours and/or off school grounds during a school-sponsored activity will be in accordance with NYSED guidelines.

    Emergency Medication

    The administration of emergency medication (injectable, including "epi-pens," and/or oral) to a student for extreme hypersensitivity may be performed by a school staff member responding to an emergency situation when such use has been prescribed by a licensed prescriber. However, a registered professional nurse/nurse practitioner/physician/physician's assistant must have trained the staff member to administer the emergency medication for that particular emergency situation (e.g., "epi-pen") and given him/her approval to assist the student in the event of an emergency anaphylactic reaction. Such a response would fall under the Good Samaritan exemption for rendering emergency care during a life threatening situation.

    Use of Asthma Inhalers in Schools

    A student may carry and use an asthma inhaler if the School Health Office has on file: the physician's written order/diagnosis that the student has a severe asthma condition and may be subject to sudden and debilitating asthmatic attacks; and written permission from the student's parent or legal guardian. Upon written request of the student's parent or legal guardian, the school must allow a student to maintain an extra asthma inhaler in the care and custody of the school's registered professional nurse.

    Health Office personnel will maintain regular parental contact in order to monitor the effectiveness of such self-medication procedures and to clarify parental responsibility as to the daily monitoring of their child to ensure that the medication is being utilized in accordance with the physician's or provider's instructions. Additionally, the student will be required to report to the Health Office on a periodic basis as determined by Health Office personnel so as to maintain an ongoing evaluation of the student's management of such self-medication techniques, and to work cooperatively with the parents and the student regarding such self-care management.

    Students who self-administer medication without proper authorization, under any circumstances, will be referred for counseling by school nursing personnel. Additionally, school administration and parents will be notified of such unauthorized use of medication by the student, and school administration may also be involved in determining the proper resolution of such student behavior.

    Blood Glucose Monitoring

    Children with diabetes have the right to care for their diabetes at school in accordance with the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 which provide protection against discrimination for children with disabilities, including diabetes.

    Accordingly, blood glucose monitoring must be allowed in the school setting at any time, within any place, and by anyone necessitating such testing. Children must receive assistance if needed with the procedure.

    The school nurse shall oversee any arrangements that need to be made for testing and a system to report the results to the nurse as needed. Proper arrangements should be made for the disposal of sharps.

    Alcohol-Based Hand Sanitizers

    Alcohol-based hand sanitizers are considered over-the-counter (OTC) drugs by the United States Food and Drug Administration. However, due to the fact that careful hand-washing and sanitation is the most effective way to control the recent spread of Methicillin-Resistant Staphylococcus Aureus (MRSA) in schools, the New York State Education Department (NYSED) has allowed a medical exemption to the requirements for OTC preparations in the school setting to permit the use of alcohol-based hand sanitizers.

    The School Medical Director may approve and permit the use of alcohol-based hand sanitizers in the District's schools without a physician's order. Parents may provide written notification to the school in the event that they do not wish to have their child use this product.

    It should be noted that hand sanitizers which contain alcohol are flammable and shall not be placed in hallways or near an open flame or source of sparks.

    Sunscreen

    Overexposure to ultraviolet (UV) radiation from the sun may cause sunburn, skin damage and increases the risk of skin cancer, especially exposure in the first fifteen (15) years of life. Although the FDA technically considers sunscreen an over-the-counter drug which would require a doctor's prescription in addition to parental permission, the New York State Education Department (NYSED) has issued an updated guidance document that will allow the use of sunscreen without a physician's order.

    The District allows students to carry and use sunscreen in school if:

    1. The sunscreen is used for the purpose of avoiding overexposure to the sun and not for medical treatment of an injury or illness;
    2. The sunscreen is approved by the FDA for over-the-counter use; and
    3. The student's parent or guardian provides written permission for the student to carry and use sunscreen.

    A student who is unable to physically apply sunscreen may be assisted by unlicensed personnel when directed to do so by the student, if permitted by a parent/guardian and authorized by the school. Parents/guardians are responsible for providing the sunscreen to be used at school.

    Disposal of Unused Medication

    Any unused medication (including, but not limited to expired prescription and nonprescription drugs) must be returned to the parent/person in parental relation by the end of each school year. If the parent/person in parental relation does not retrieve the unused medication by the end of the school year, then the School Nurse or designated School Health Office personnel must document that the medication was abandoned and dispose of the unused medication.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)] Individuals with Disabilities Education Act (IDEA), 20 USC Sections 1400 et seq. Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq. Education Law Sections 902(b), 916, 6527(4)(a) and 6908(1)(a)(iv) Public Health Law Section 3000-a

  • Last Reviewed Date: 10/15/24

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 3/15/16; 4/23/19; 10/15/24

    The school shall keep a convenient, accurate, and up-to-date health record of every

    student. Insofar as the health records include confidential disclosures or findings, they shall

    be kept confidential. Individual records may be interpreted by the nurse to administrators,

    teachers, and counselors, consistent with law.

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Part 136

  • Last Reviewed Date: 10/15/24

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 3/15/16; 5/17/16; 4/23/19; 10/15/24

    Procedures shall be established and maintained by the Superintendent for the handling of student injuries that occur on school property and during school activities.

    Student Emergency Treatment

    All staff members of the School District are responsible for arranging first aid care of students who are injured or become ill while under school supervision.

    In most instances first aid should be rendered, and then the parent should be contacted to come to school and transport the student to the family physician. Beyond first aid, the medical care of the student is the parent's responsibility. However, the student's welfare is always the primary concern, and it is the responsibility of school personnel to exercise good judgment and care under all circumstances.

    The Board of Education encourages staff members to become qualified to give emergency treatment through instruction in first aid, Cardiopulmonary Resuscitation (CPR), and Automated External Defibrillators (AED).

    Transporting an Ill or Injured Student

    In the event of an illness or injury to a student, an ambulance may be called if warranted. This solution will be used after other alternatives, including parent/guardian contact, have been made.

    Policy References:

    Education Law Sections 1604(7-a, b) and 1709(8-a, b)

  • Last Reviewed Date: 10/15/24

    Adoption Date: 10/18/2005

    Revision History: 7/1/2008; 3/15/16;4/23/19; 10/15/24

    Student, parents, school personnel and health care providers must all work together to provide the necessary information and training to allow children with chronic health problems to participate as fully and safely as possible in the school experience.

    Particularly for those students with chronic conditions such as asthma and allergies (food, insect sting, etc.) which may result in severe, life-threatening reactions to various environmental triggers, it is necessary that the District work cooperatively with the parent(s) and the healthcare provider to:

    1. Develop an individual health care plan that includes all necessary treatments, medications, training and educational requirements for the student. If the student is eligible for accommodations based upon the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act, the appropriate procedures will be followed regarding evaluation and identification;
    2. Obtain appropriate health care provider authorization in writing that includes the frequency and conditions for any testing and/or treatment; symptoms and treatment of any conditions associated with the health problem; and directions for emergencies; and
    3. Secure written parent permission and discuss parental responsibility that includes providing the health care provider’s orders, providing any necessary equipment, and participation in the education and co-management of the child as he/she works toward self-management.

    The District will work toward assisting students in the self-management of their chronic health

    condition based upon the student’s knowledge level and skill by:

    1. Adequately training all staff involved in the care of the student;
    2. Assuring the availability of the necessary equipment and/or medications;
    3. Providing additional appropriately trained adults to complete delegated tasks as allowed by law;
    4. Providing appropriately trained licensed persons as required by law;
    5. Developing an emergency plan for the student; and
    6. Providing ongoing staff and student education.

     Use of Epinephrine auto-Injector Devices (Epi-Pens) in the School Setting

    The administration of epinephrine by epi-pen to a student with a known severe allergy needing an anaphylactic treatment agent may be performed by a school staff member responding to an emergency situation when such use has been prescribed by a licensed prescriber. However, a Registered Professional Nurse/Nurse Practitioner/physician/physician's assistant must have trained the staff member to administer the epi-pen and given him/her approval to assist the student in the event of an anaphylactic reaction. Documentation of training must be maintained in the Anaphylaxis Protocol for Non-Licensed School Staff Members for each affected student. The emergency response by nonlicensed school staff members is permitted under the Medical Practice Act (Education Law section 6527(4)(a)) and the Nurse Practice Act (Education Law section 6908 (1)(a)(iv) and is covered by the “Good Samaritan Law” (Public Health Law section 3000-a)

    Policy References:

    Americans with Disabilities Act, 42 United States Code USC Section 12101 et seq. Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Sections 1400-1485 Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et. seq. 34 Code of Federal Regulations (CFR) Part 300 Education Law Sections 902(b), 6527 and 6908 Public Health Law Section 3000-a

  • Last Reviewed Date: 10/15/24

    Adoption Date: 02/05/2013

    Revision History: 3/15/16; 10/15/24

    A concussion is a type of mild traumatic brain injury (MTBI) caused by a bump, blow, or jolt to the head or body that causes the head and brain to move rapidly back and forth. Recovery from concussion and its symptoms will vary. Avoiding re-injury and over-exertion until fully recovered are the cornerstones of proper concussion management. Concussions can impact a student's academic performance as well as their athletic pursuits. As such, the District supports the proper evaluation and management of concussion injuries.

    Concussion Management Team (CMT)

    The District may establish a Concussion Management Team (CMT) which may be composed of the Athletic Director and/or Director of Physical Education, a school nurse, the school physician/District's Medical Director, a coach of an interscholastic team and/or physical education teacher, a certified athletic trainer, and other appropriate personnel as designated by the District. If established, The CMT will oversee and implement the District's concussion policy, including the requirement that all school coaches, physical education teachers, school nurses, and certified athletic trainers who work with and/or provide instruction to students engaged in school-sponsored athletic activities complete training relating to MTBIs. Furthermore, every CMT may establish and implement a program which provides information on MTBIs to parents and persons in parental relation (parents) throughout each school year.

    Staff Training/Course of Instruction

    Each school coach, physical education teacher, school nurse, and certified athletic trainer who works with and/or provides instruction to students in school-sponsored athletic activities will complete a training every two years relating to recognizing the symptoms of concussions or MTBIs and monitoring and seeking proper medical treatment for students who suffer from a concussion or MTBI. Since concussion symptoms may manifest themselves in any setting, all staff will be encouraged to take the online training and be alert for students who may display or report concussion symptoms.

    Components of the training will include, but not be limited to:

    a) The definition of MTBI;

    b) Signs and symptoms of MTBI;

    c) How MTBIs may occur;

    d) Practices regarding prevention; and

    e) Guidelines for the return to school and school activities for a student who has suffered an MTBI, even if the injury occurred outside of school.

    The training must be completed by means of instruction approved by the New York State Education Department (NYSED) which include, but are not limited to, courses provided online and by teleconference.

    Each time a staff member completes this training or a related professional development course, they must forward proof of completion to the CMT or, if a CMT has not been established, a designated District staff member who will enter the information into the District's existing system for tracking completed trainings and professional development courses.

    Information to Parents and Students

    The District will include the following information on MTBIs or concussions in any permission or consent form or similar document that may be required from a parent or legal guardian for a student's participation in interscholastic sports. Similar information will be provided to all students when they sign up for participation in sports and/or through information provided in physical education, health or mental health classes. Information will include:

    a) The definition of MTBI;

    b) Signs and symptoms of MTBI;

    c) How MTBIs may occur;

    d) Practices regarding prevention; and

    e) Guidelines for the return to school and school activities for a student who has suffered an MTBI, even if the injury occurred outside of school.

    The District will provide a link on its website to this information on the NYSED's and New York Department of Health's websites.

    Identification of Concussion and Removal from Athletic Activities

    The District requires the immediate removal from all athletic activities of any student who has sustained, or is believed to have sustained, a MTBI or concussion. Any student demonstrating signs, symptoms, or behaviors consistent with a concussion while participating in a class, extracurricular activity, or interscholastic athletic activity will be removed from the class, game, or activity and must be evaluated as soon as possible by an appropriate health care professional. This removal must occur based on display of symptoms regardless of whether the injury occurred inside or outside of school. If there is any doubt as to whether the student has sustained a concussion, it will be presumed that the student has been injured until proven otherwise. The District will notify the student's parents or legal guardians and recommend appropriate evaluation and monitoring.

    The District may, in collaboration with their Medical Director, allow District staff who are appropriately licensed or certified healthcare professionals and credentialed to use validated neurocognitive computerized testing to review and obtain baseline and post-concussion performance data. These tools are not a replacement for a medical evaluation to diagnose a concussion or clear a student to return to activities. The District must seek authorization from the parent/guardian prior to the testing. Additionally, parents/guardians should be given a copy of the results.

    Return to School Activities and Athletics

    A student will not return to physical activity (including athletics, physical education class, and recess) until they have been symptom-free for at least 24 hours, and have been evaluated and received written and signed authorization from a licensed physician. This written authorization should be sent to the school for review by the District's Medical Director. Additionally, the District's Medical Director has the final authority to clear students to participate in or return to extra-class athletics activities. All authorizations will be kept on file in the student's permanent health record. The standards for return to athletic activity will also apply to injuries that occur outside of school. Staff should be aware that students may exhibit concussion symptoms caused by injuries from outside activities and that these visible symptoms also indicate a removal from play.

    The District will follow any directives issued by the student's treating physician with regard to limitations and restrictions on school and athletic activities for the student. The District will also develop a coordinated communication plan among appropriate staff to ensure that the private provider's orders for post-concussion management are implemented and followed, and for students to resume participation in athletic activities with the District's Medical Director approval. The school nurse will work to ensure that all the necessary staff get the information they need to care for and work with the injured student.

    Education Law § 305(42)

    8 NYCRR §§ 135.4 and 136.5

    Guidelines for Concussion Management in Schools, NYSED Guidance Document, 2022

  • Last Reviewed Date: 10/15/24

    Adoption Date: 02/24/2016

    Revision History: 4/23/19; 10/15/24

    In an effort to ensure the health and safety of its students and staff, the District will maintain and administer an opioid antagonist in its schools, specifically Naloxone, otherwise known by its brand name Narcan, for use during emergencies to any person on District property experiencing a known or suspected opioid overdose regardless of a previous history of opioid abuse.

    The District will register with the New York State Department of Health (NYSDOH) to become a Registered Opioid Overdose Prevention Program. In addition to the school nurse, the District will permit volunteer, unlicensed school personnel who have received the requisite NYSDOH-approved training to administer Naloxone on-site during the school day. While school registered nurses may administer intramuscular [IM] or intranasal [IN] Naloxone in the event of a known or suspected opioid overdose, trained staff members may only administer intranasal [IN] Naloxone. As the District is a Registered Opioid Prevention Program, it will receive its opioid overdose kits at no cost. The medical director will be notified whenever Naloxone is administered on-site. In accordance with relevant New York State Education Department guidance, the District will also maintain a log of trained school personnel and report newly trained personnel on a quarterly basis to the NYSDOH.

  • Last Reviewed Date: 10/15/24

    Adoption Date: 03/24/1977

    Revision History: 7/19/1994; 6/20/00; 1/20/04; 9/5/06; 3/15/16; 10/15/24

    The Brockport School District subscribes to all of the provisions of Title 6 - Child Protective Services of the Social Services Law (Sections 411-428). Our purpose is to provide protective services to abused and maltreated children as described by the law, and to make all school personnel within the District aware of our legal responsibilities under this law.

    Regulations shall be developed, maintained and disseminated by administration regarding the:

    1. Mandatory reporting of suspected child abuse/neglect;
    2. Reporting procedures and obligations of persons required to report;
    3. Provisions for taking a child into protective custody;
    4. Mandatory reporting of deaths;
    5. Immunity from liability and penalties for failure to report;
    6. Obligations for provision of services and procedures necessary to safeguard the life of a child; and
    7. Provision of information in recognizing signs of unlawful methamphetamine laboratories for all current and new school officials (i.e. mandated reporters) who, as part of their usual responsibilities, visit children's homes.

    Additionally, an ongoing training program for all professional staff shall be established and implemented to enable such staff to carry out their reporting responsibilities.

    School Officials Required to Report

    The definition of a "school official" who is mandated to report cases of child abuse or neglect/maltreatment to the State Central Register (SCR) pursuant to Social Services Law Section 413(1) includes, but is not limited to, school teachers, school guidance counselors, school psychologists, school social workers, school nurses, school administrators or other school personnel required to hold a teaching or administrative license or certificate.

    All mandated reporters shall make the report themselves and then immediately notify the Building Principal or his/her designee. The Building Principal or his/her designee shall be responsible for all subsequent administration necessitated by the report.

    Any report shall include the name, title and contact information for every staff member who is believed to have direct knowledge of the allegations in the report.

    Prohibition of Retaliatory Personnel Action

    Social Services Law Section 413(1) also prohibits a school from taking any retaliatory personnel action against an employee because such employee believes that he/she has reasonable cause to suspect that a child is an abused or neglected/maltreated child and that employee makes a report to SCR pursuant to Social Services Law. Further, no school or school official shall impose any conditions, including prior approval or prior notification, upon any staff member specifically designated a mandated reporter.

    Pursuant to Labor Law Section 740(1)(e), "retaliatory personnel action" means the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.

    Report Form

    The New York State Office of Children and Family Services "Report of Suspected Child Abuse or Maltreatment" Form LDSS-2221A may be accessed at website: Report Website

    Child Abuse in an Educational Setting

    The School District is committed to the protection of students in educational settings from abuse and maltreatment by employees or volunteers as enumerated in law.

    "Child abuse" shall mean any of the following acts committed in an educational setting by an employee or volunteer against a child:

    1. Intentionally or recklessly inflicting physical injury, serious physical injury or death; or
    2. Intentionally or recklessly engaging in conduct which creates a substantial risk of such physical injury, serious physical injury or death; or
    3. Any child sexual abuse, defined as conduct prohibited by Articles 130 or 263 of the Penal Law; or
    4. The commission or attempted commission against a child of the crime of disseminating indecent materials to minor pursuant to Article 235 of the Penal Law; or
    5. Using corporal punishment as defined by the Commissioner of Education.

    "Educational setting" shall mean the building(s) and grounds of the School District; the vehicles provided by the School District for the transportation of students to and from school buildings, field trips, co-curricular and extracurricular activities both on and off School District grounds; all co-curricular and extracurricular activity sites; and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.

    In any case where an oral or written allegation is made to a teacher, school's registered professional nurse, school guidance counselor, school psychologist, school social worker, school administrator, School Board member, or other school personnel required to hold a teaching or administrative license or certificate, that a child (defined in the law as a person under the age of twenty-one (21) years enrolled in a school district in this state) has been subjected to child abuse by an employee or volunteer in an educational setting, that person shall upon receipt of such allegation:

    1. Promptly complete a written report of such allegation including the full name of the child alleged to be abused; the name of the child's parent; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the employee or volunteer against whom the allegation was made; and a listing of the specific allegations of child abuse in an educational setting. Such written report shall be completed on a form as prescribed by the Commissioner of Education.
    2. Except where the school administrator is the person receiving such an oral or written allegation, the employee completing the written report must promptly personally deliver a copy of that written report to the school administrator of the school in which the child abuse allegedly occurred (subject to the following paragraph).

    In any case where it is alleged the child was abused by an employee or volunteer of a school other than a school within the school district of the child's attendance, the report of such allegations shall be promptly forwarded to the Superintendent of Schools of the school district of the child's attendance and the school district where the abuse allegedly occurred.

    Any employee or volunteer who reasonably and in good faith makes a report of allegations of child abuse in an educational setting in accordance with the reporting requirements of the law shall have immunity from civil liability which might otherwise result by reason of such actions.

    Upon receipt of a written report alleging child abuse in an educational setting, the school administrator or Superintendent must then determine whether there is "reasonable suspicion" to believe that such an act of child abuse has occurred. Where there has been a determination as to the existence of such reasonable suspicion, the school administrator or Superintendent must follow the notification/reporting procedures mandated in law and further enumerated in administrative regulations including parental notification. When the school administrator receives a written report, he/she shall promptly provide a copy of such report to the Superintendent.

    Where the school administrator or Superintendent has forwarded a written report of child abuse in an educational setting to law enforcement authorities, the Superintendent shall also refer such report to the Commissioner of Education where the employee or volunteer alleged to have committed such an act of child abuse holds a certification or license issued by the State Education Department.

    Any school administrator or Superintendent who reasonably and in good faith makes a report of allegations of child abuse in an educational setting, or reasonably and in good faith transmits such a report to a person or agency as required by law, shall have immunity from civil liability which might otherwise result by reason of such actions.

    Reports and other written material submitted pursuant to law with regard to allegations of child abuse in an educational setting, and photographs taken concerning such reports that are in the possession of any person legally authorized to receive such information, shall be confidential and shall not be redisclosed except to law enforcement authorities involved in an investigation of child abuse in an educational setting or as expressly authorized by law or pursuant to a court-ordered subpoena. School administrators and the Superintendent shall exercise reasonable care in preventing such unauthorized disclosure.

    Additionally, teachers and all other school officials shall be provided an annual written explanation concerning the reporting of child abuse in an educational setting, including the immunity provisions as enumerated in law. Further, the Commissioner of Education shall furnish the District with required information, including rules and regulations for training necessary to implement District/staff responsibilities under the law.

    Prohibition of "Silent" (Unreported) Resignations

    The Superintendent and other school administrators are prohibited from withholding from law enforcement authorities, the Superintendent or the Commissioner of Education, where appropriate, information concerning allegations of child abuse in an educational setting against an employee or volunteer in exchange for that individual's resignation or voluntary suspension from his/her position.

    Superintendents (or a designated administrator) who reasonably and in good faith report to law enforcement officials information regarding allegations of child abuse or a resignation as required pursuant to the law shall have immunity from any liability, civil or criminal, which might otherwise result by reason of such actions.

    Policy References:

    Education Law Section 3209-a Family Court Act Section 1012 Labor Law Section 740(1)(e) Social Services Law Sections 411-428 Education Law Article 23-B and Sections 902(b) and 3028-b Penal Law Articles 130, 235 and 263 Social Services Law Section 413 8 New York Code of Rules and Regulations (NYCRR) Part 83

  • Last Reviewed Date: 4/23/2019

    Adoption Date: 07/19/1994

    Revision History: 12/21/1999; 6/20/00; 1/20/04; 3/15/16; 4/23/19

    The Board of Education affirms its commitment to non-discrimination and recognizes its responsibility to provide for all District students an environment that is free of sexual harassment and intimidation. Sexual harassment, including sexual violence is a violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits and condemns all forms of sexual harassment by employees, school volunteers, students, and non-employees such as contractors and vendors which occur on school grounds and at all school-sponsored events, programs and activities including those that take place at locations off school premises.

    Definitions

    Generally, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication of a sexual nature. In addition when:

    Such conduct and/or communication has the purpose or effect of substantially or unreasonably interfering with a student's academic performance or participation in an educational or extracurricular activity, or creating an intimidating, hostile or offensive learning environment; and/or effectively bars the student's access to an educational opportunity or benefit.

    The Board acknowledges that in determining whether sexual harassment has occurred the totality of the circumstances, expectations, and relationships should be evaluated including, but not limited to, the ages of the harasser and the victim; the number of individuals involved; and the type, frequency and duration of the conduct. The Board recognizes that sexual harassment can originate from a person of either sex against a person of the opposite or same sex, and from a third party such as a school visitor, volunteer, or vendor, or any other individual associated with the School District. Sexual harassment may occur from student-to-student, from staff-to-student, from student-to-staff, as well as staff-to-staff.

    In order for the Board to enforce this policy, and to take corrective measures as may be necessary, it is essential that any student who believes he/she has been a victim of sexual harassment in the school environment, as well as any other person who is aware of and/or who has knowledge of or witnesses any possible occurrence of sexual harassment, immediately report such alleged harassment; such report shall be directed to or forwarded to the District's designated complaint officer(s) through informal and/or formal complaint procedures as developed by the District . Such complaints should be reduced to writing via the online Dignity for All Students reporting form, although verbal complaints of alleged sexual harassment will also be promptly investigated in accordance with the terms of this policy. In the event that the complaint officer is the alleged offender, the report will be directed to the next level of supervisory authority.

    Upon receipt of an informal/formal complaint, the District will conduct a thorough investigation of the charges. To the extent possible, within legal constraints, all complaints will be treated as confidentially and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges, and any disclosure will be provided on a "need to know" basis.

    Based upon the results of the investigation, if the District determines that an employee and/or student has violated the terms of this policy and/or accompanying regulations, immediate corrective action will be taken as warranted. Should the offending individual be a student, appropriate disciplinary measures will be applied, up to and including suspension, in accordance with District policy and regulation, the Code of Conduct, and applicable laws and/or regulations. Should the offending individual be a school employee, appropriate disciplinary measures will be applied, up to and including termination of the offender's employment, in accordance with legal guidelines, District policy and regulation, the Code of Conduct and the applicable collective bargaining agreement(s). Third parties (such as school volunteers, vendors, etc.) who are found to have violated this policy and/or accompanying regulations will be subject to appropriate sanctions as warranted and in compliance with law.

    The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of sexual harassment. Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those involved in the investigation of the sexual harassment complaint have not suffered retaliation.

    Regulations will be developed for reporting, investigating and remedying allegations of sexual harassment. An appeal procedure will also be provided to address any unresolved complaints and/or unsatisfactory prior determinations by the applicable complaint officer(s).

    Such regulations will be developed in accordance with federal and state law as well as any applicable collective bargaining agreement(s).

    The Superintendent/designee(s) will affirmatively discuss the topic of sexual harassment with all employees and students, express the District's condemnation of such conduct, and explain the sanctions for such harassment. Appropriate training and/or "awareness" programs will be established for staff and students to help ensure knowledge of and familiarity with the issues pertaining to sexual harassment in the schools, and to disseminate preventative measures to help reduce such incidents of prohibited conduct. Furthermore, special training will be provided for designated supervisors and managerial employees, as may be necessary, for training in the investigation of sexual harassment complaints.

    A copy of this policy and its accompanying regulations will be available upon request and may be posted at various locations in each school building. The District's policy and regulations on sexual harassment will be published in appropriate school publications such as teacher/employee handbooks, student handbooks, and/or school calendars.

    Filing false charges under this policy will not be tolerated. Appropriate disciplinary and/or remedial action will be taken against any student who, in bad faith, falsely accuses another of unlawful sexual harassment.

    Policy References:

    Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq. 34 Code of Federal Regulations (CFR) Section 100 et seq. Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000-e et seq. The Civil Rights Act of 1991 42 United States Code (USC) Section 1981(a) 29 Code of Federal Regulations (CFR) Section 1604.11(a) Executive Law Sections 296 and 297

  • Last Reviewed Date: 4/23/2019

    Adoption Date: 05/03/2011

    Revision History: 02/25/2014; 3/15/16

    The Board recognizes the need for suicide prevention and will instruct the Superintendent to establish a District crisis intervention team (Trauma, Illness and Grief Team) whose responsibility will be to develop a suicide response plan. This plan will be integrated into the existing school safety plan. The plan will include education and awareness of risk factors for youth suicide, procedures for intervening if a student exhibits risk factors, including referral services, and a post intervention plan to help the school and community cope with the aftermath of such a tragic event should it occur.

    Suicide prevention will be incorporated into the health curriculum to educate students. This will be done in a manner so as not to sensationalize the matter, but to provide students with information and resources on this important mental health issue. The District will also foster interagency cooperation that will enable staff to identify and access appropriate community resources to aid students in times of crisis.

    The administration is responsible for informing staff of regulations and procedures of suicide prevention, intervention and post-intervention that have been developed by the District. The District will actively respond to any situation where a student verbally or behaviorally indicates intent to attempt suicide or to do physical harm to him/herself. Staff training and professional development on suicide and crisis intervention will be made available.

  • Last Reviewed Date: 4/23/2019

    Adoption Date: 7/20/1988

    Revision History: 6/20/1989; 7/19/94; 6/20/00; 3/15/16, 4/23/19

    The Board of Education contends that a student shall not be denied the right to attend school or continue his/her education nor shall an employee be denied the right to continue his/her employment who has been diagnosed or identified as having a positive blood test for the antibodies to the Human Immunodeficiency Virus (HIV). The Board further contends that under current law and regulations, the disclosure of confidential HIV-related information shall be strictly limited.

    Administrative regulations and procedures shall be developed and implemented by the administration based on recommendations from the New York State Education Department and from consultation with appropriate professional and medical staff in the District.

    The Superintendent shall also establish protocols for routine sanitary procedures for dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff awareness.

    Policy References:

    Confidentiality: Public Health Law Article 27-F

  • Last Reviewed Date: 4/23/2019

    Adoption Date: 06/20/2000

    Revision History: 3/15/16; 4/23/19

    In accordance with the Sex Offender Registration Act ("Megan's Law"), the Board of Education supports the New York State Department of Criminal Justice Services (DCJS) in its effort to inform the community in certain circumstances of the presence of individuals with a history of sex offenses, particularly against children, in the school locality. This policy is enacted in order to minimize the possibility that the sex offender will come in contact with school-age children, and to assist law enforcement agencies in preventing further criminal activity from occurring. Furthermore, the District shall cooperate with local police authorities and the local community in promoting and protecting the safety and well being of its students.

    It is the policy of the Board of Education to disseminate all information which the District receives from local police authorities in conjunction with Megan's Law to designated staff members who might have possible contact with the offender during the course of their school duties including, but not limited to, building principals, supervisors, teachers, office personnel, coaches, custodians, bus drivers, and security personnel. The Superintendent reserves the right to automatically disseminate such information to additional members of the staff, designated supervisors of non-school groups that regularly use District facilities and have children in attendance, and community residents who, in the opinion of the Superintendent, have an immediate need to be notified of such data in order to protect the safety of our students.

    All staff members shall be informed of the availability of the information received by the District pursuant to Megan's Law upon written request to the applicable building principal/designee or supervisor. Community residents shall be notified of the availability of this information, with written requests directed to the District Office.

    Staff members shall inform their immediate supervisor if they observe within the school building, on school grounds, at school activities, or at or near bus routes any individual whose description matches the information which was provided to the District by local law enforcement authorities. Such law enforcement officials will be notified of this information by the District as appropriate.

    Dissemination of Information to Public

    Information that is disseminated to the School District pursuant to Megan's Law may be disclosed or not disclosed by the District in its discretion according to District policy and/or regulation.

    Any information which the School District receives regarding a sex offender from a source other than the Sex Offender Registry, and which is maintained independent of the requirements of Megan's Law, will be available from the District, upon written request, in accordance with the requirements of the Freedom of Information Law.

    Special Circumstances Whereby Sex Offenders May Enter Upon School Grounds

    As a mandatory condition of the sentence for sex offenders placed on probation or conditional discharge whose victim was under the age of eighteen (18) or who has been designated a Level 3 sex offender, the court requires that such sentenced offender refrain from knowingly entering into or upon school grounds or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen (18) while one or more of such persons are present.

    However, by exception, a sex offender may enter school grounds or facility with the written authorization of his/her parole officer and the Superintendent for limited authorized purposes. Entrance upon the premises is subject to the following conditions:

    • The offender is a registered student, participant or employee of the facility;
    • The offender is an employee of an entity contracted by the facility;
    • The offender has a family member enrolled in the facility; or
    • If the school is the offender's designated polling place and he/she enters solely to vote.

    Implementation

    Administrative regulations shall be developed to implement this policy.

    Policy References:

    Correction Law Article 6-C Public Officers Law Section 84 et seq.

  • Adoption Date: 10/24/2017

    It shall be the policy of the Brockport Central School District that, to the maximum extent permitted by law, no registered sex offender will be allowed on district property; provided, however, that the Board of Education authorizes the Superintendent, in his or her discretion, to grant limited access of a Level 1 or Level 2 registered sex offender (or equivalent) to school district property, if deemed in the best interest of a student with whom the offender maintains a parental or guardianship relationship, and upon conditions that are reasonably calculated to prevent contact between the registered sex offender and unrelated students.

    For the purpose of this policy, a “registered sex offender” is any person who is currently registered as a Level 1, Level 2 or Level 3 offender under New York State’s Sex Offender Registration Act (“SORA”), who is listed on a similar registry of sex offenders in any other state, or who has ever been listed on any such New York or state registry whose conviction involved a crime committed against an individual under the age of eighteen (18) years of age. “School district property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of the schools and other facilities of the Brockport Central School District.

  • Last Reviewed Date:4/23/2019

    Adoption Date: 04/20/2004

    Revision History: 3/15/16

    The Board of Education recognizes the need to protect the confidentiality of student information including but not limited to:

    1. Academic standing
    2. Attendance
    3. Financial status
    4. Physical/mental health identity
    5. Disciplinary status/record

    All District employees and volunteers including members of the Board of Education are obligated to protect student confidentiality. Therefore, student information shall only be accessible to employees and volunteers on a "need to know" basis in order to deliver services to students and their families. "Need to know" is defined as the necessity for access to or knowledge/possession of, specific information required to carry out official duties.

    The Superintendent of Schools will develop regulations necessary to enforce this policy.

  • Last Reviewed Date: 4/26/2016

    Adoption Date: 06/24/1975

    Revision History: 8/27/1985; 7/19/94; 6/20/00; 1/5/10; 4/26/16

    A child with a disability means a student under the age of twenty-one who is entitled to attend public schools and who, because of mental, physical or emotional reasons can only receive appropriate educational opportunities from a program of special education. A child is not considered as having a disability if his/her educational needs are due primarily to unfamiliarity with the English language; environmental, cultural or economic factors; or lack of appropriate instruction in reading or mathematics.

    If the State Education Department finds that the District has inappropriate policies, procedures or practices resulting in a significant disproportionality by race/ethnicity in the suspension, identification, classification and/or placement of students with disabilities, the District will ensure that it publicly reports on the subsequent revisions to those policies, procedures or practices.

    The Board of Education recognizes the existence of individual differences in the intellectual, social, emotional and physical development of children attending school in the District. In recognizing these differences the Board supports a system of services offered in the least restrictive environment for children with disabilities which includes:

    1. Not requiring any student to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving services.
    2. Education in regular classes with or without support services, education in a resource room, education for part of the day in a special class, full time education in a special class, home instruction and education in a residential setting.
    3. Providing for the education of students with disabilities with non-disabled peers to the extent appropriate.
    4. Taking the following measurable steps to recruit, hire, train and retain highly qualified personnel to provide special education programs and services:
      1. Utilize established procedures for publication of all potential job openings;
      2. Check credentials and requirements listed on applications;
      3. Provide training sessions for interview committee;
      4. Special Education teachers are required to have subject matter knowledge appropriate to the level of instruction being provided; when teaching two (2) or more core academic subjects exclusively to children with disabilities, the teacher will meet the requirements of "highly qualified" per the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) or demonstrate competence in all the core academic subjects taught per state regulations;
    5. Special education teachers and administrators are required to complete enhanced training in the needs of autistic children.

    Establishing the following guidelines for the provision of appropriate accommodations necessary to measure the academic achievement and functional performance of the student in the administration of District-wide assessments:

    1. Ensure that necessary accommodations are specified on individualized education program (IEP) and implemented in accordance with the IEP;
    2. Review the need for accommodations at Committee on Special Education (CSE) evaluations/re-evaluations etc.
    3. To the extent feasible, using universal design principles (defined as a concept or philosophy for designing and delivering products and services that are usable by people with the widest range of functional capabilities, which include products and services that are directly usable without requiring assistive technologies and products and services that are made usable with assistive technologies) in developing and administering District-wide assessment programs by:
      1. Addressing appropriate universal design principles in IEP;
      2. Having the Library Media Specialist and/or Curriculum Coordinator keep Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE) apprised of available products and services utilizing universal design principles;
      3. Ensuring that instructional materials and activities allow learning goals to be achievable by individuals with wide differences in abilities;
      4. Ensuring that flexible curricular materials and activities are built into the instructional design and operating systems;
      5. Ensuring that instruction is diversified to deliver the general education curriculum to every student and diversify ways students may respond to that curriculum.

    Consideration of the location of a school program(s) to a student's residence, before placement into an educational program.

    Adoption of written policies and procedures ensuring that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with Commissioner's Regulations.

    Allocation of appropriate space within the District for special education programs that meet the needs of students with disabilities.

    Assurance that appropriate space will be available to meet the needs of resident students with disabilities who attend special education programs provided by BOCES.

    Provision of Special Education Services to Nonpublic School Students with Disabilities who are Parentally Placed

    The district of location is responsible for Child Find, including individual evaluations, Committee on Special Education (CSE) meetings, provision of special education services, and due process to parentally placed nonpublic school students attending nonpublic schools located in the geographic region of the public school district.

    These requirements only pertain to students with disabilities parentally placed in elementary and secondary nonpublic schools, not to parental placements of preschool children with disabilities in private day care or preschool programs; or to CSE placements of students with disabilities in approved private schools, Special Act School Districts, State-supported or State-operated schools or to Charter schools.

    The actual cost for Committee on Special Education (CSE) administration, evaluations and special education services provided to a student with a disability who is a resident of New York State, but a nonresident to the district of location, may be recovered from the student's school district of residence. Because federal regulations require parental consent before any personally identifiable information about the student relating to special education is shared between officials in the public school district of location and officials in the public school district of residence, parent consent to share special education information between the two public school districts is required before billing a district of residence for the cost of special education services provided to the student by the district of location.

    Parental consent must be obtained by the school district of location before any personally identifiable information about the student is shared between officials in the public school district of residence and officials in the public school district of location.

    The school district of location must consult with nonpublic school representatives and representatives of parents of parentally placed nonpublic school students with disabilities enrolled in nonpublic elementary and secondary schools located within the boundaries of the school district. The school district must engage in consultation regarding the Child Find process and services generally; consultation is not specific to individual students. Individual services are determined by the CSE.

    The consultation process must be timely and meaningful and include discussion of:

    1. Child Find;
    2. Provision of Special Education Services; and
    3. Use of Federal Funds.

    The school district of location must provide, as appropriate, special education services to an eligible student who legally resides in another state and who is parentally placed in a nonpublic school located in New York State. The services to be provided to out-of state students must be documented on a services plan that is developed by the CSE of the district of location. The services plan is the written plan that describes the specific special education and related service that the district of location will provide to the student consistent with the services that the school district of location has determined through the consultation process and in relation to the proportionate shares of federal IDEA Part B dollars, to be provided to the student.

    Tuition Reimbursement Claims for Disabled Nonpublic School Students

    The parent must comply with the IDEA's pre-hearing notice requirement for tuition reimbursement claims. Specifically, the IDEA directs that at least ten (10) business days before submitting a request for an impartial due process hearing for tuition reimbursement, the parent must give the district written notice of intent to enroll the child in private school at public expense. The purpose of this requirement is to give the public school district's CSE the opportunity to meet and develop a new IEP for the student that addresses the parent's concerns. A parent who does not provide such written notice within ten (10) days may have his request for reimbursement reduced or denied. In most cases, a parent's failure to satisfy these notice requirements is a complete bar to recovery.

    Policy References:

    20 United States Code (USC) Sections 1400-1485, Individuals with Disabilities Education Act (IDEA) State Law - Education Law Sections 4401-4407 8 New York Code of Rules and Regulations (NYCRR) Sections 100.5, 100.9, 200.2(b)(3), 200.2(c)(2)(v), and 200.6(a)(1)

  • Last Reviewed Date: 11/19/2019

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 4/4/06; 4/1/08; 4/26/16

    The Board of Education will provide appropriate special education and related services to students with disabilities. For those students for whom an appropriate education requires that they be placed together for purposes of special education, the following guidelines shall apply:

    1. That each student with a disability shall be identified, evaluated and placed as determined by the Committee on Special Education (CSE).
    2. The CSE shall determine written goals, including academic and functional goals, for each student with a disability by considering the special and individual needs of each student with a disability. Short-term instructional objectives and/or benchmarks will be created for each preschool student with a disability and for students who take New York State alternate assessments.
    3. The CSE shall recommend to the Board of Education appropriate educational programs and services for each student with a disability based upon the CSE evaluation.
    4. The CSE shall provide information to those teachers and professionals who arrange instructional groups for students with disabilities. Information shall include physical, psychological and social information as well as achievement test results.
    5. The curriculum and instruction provided to students with disabilities who are grouped by similarity of needs shall be consistent with the individual needs of each student in the group.
    6. Students with disabilities may be grouped according to:
      1. Academic achievement, functional performance and learning characteristics;
      2. Social development;
      3. Physical development; and
      4. Management needs
    7. When grouping students by similarity of needs, the social needs or physical development of a student shall not be the sole determinant for placement of a student in a special education program.
    8. The management needs of such students may vary, provided that environmental modifications, adaptations, or human or material resources required to meet the needs of any one student in the group are provided and do not consistently detract from the opportunities of other students in the group to benefit from instruction.

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Sections 200.1(ww), 200.2(b)(3), 200.4(d) and 200.6(a)(3)

  • Last Reviewed Date: 11/19/2019

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 4/4/06; 9/18/07; 4/26/16

    The Board of Education shall establish at least one Committee on Special Education and one Committee on Preschool Special Education. The Board shall also establish, as necessary, Subcommittees on Special Education to ensure timely evaluation and placement of students with disabilities.

    Committee on Special Education

    The Board of Education shall, upon completion of its review of the recommendations of the CSE, arrange for the appropriate special education programs and services to be provided to a student with a disability. The Board shall notify the parent/guardian of its action in accordance with federal and state law and regulations.

    For a student not previously identified as having a disability, the CSE shall provide a recommendation to the Board which shall arrange for the appropriate special education programs and services to be provided within sixty (60) school days of the date of receipt of consent to evaluate. For a student with a disability referred for review, a recommendation shall be provided to the Board which shall arrange for the appropriate special education programs and services to be provided within sixty (60) school days of the referral for review. However, if such recommendation of the CSE is for placement in an approved in-state or out-of-state private school, the Board shall arrange for such special education programs and services for students with disabilities within thirty (30) school days of the Board's receipt of the recommendation of the CSE.

    If on review of the recommendation of the CSE, the Board of Education disagrees with such recommendation, the Board shall follow one of the following procedures:

    1. The Board may remand the recommendation to the CSE with a statement of the Board's objections or concerns and a request that a timely meeting be held to review and consider such objections or concerns. The CSE shall consider the Board's objections or concerns, revise the IEP where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the CSE, the Board may continue to remand the recommendation to the original committee for additional reviews of its objections or concerns, or establish a second CSE to develop a new recommendation in accordance with the following paragraph, provided that the Board arranges for the programs and services in accordance with the student's IEP within the timelines as outlined above; or, in the alternative,
    2. The Board may establish a second CSE to develop a new recommendation for the student. If the Board disagrees with such new recommendation, the Board may remand the recommendation to the second CSE with a statement of the Board's objections or concerns and a request that a timely meeting be held to review and consider such objections or concerns. The second CSE shall consider the Board's objections or concerns, revise the IEP where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the second CSE, the Board may continue to remand the recommendation for additional reviews of its objections or concerns by the second CSE, provided that the Board arranges for the programs and services in accordance with the student's IEP, as developed by the second CSE, within the timelines as outlined above.

    Pursuant to Commissioner's Regulations, the Board may not select the recommendation of the original CSE once it has established a second CSE.

    The Board shall provide the student's parents/guardians with written notice and a copy of the statement of its objections or concerns and notice of due process rights in accordance with Section 200.5 of the Regulations of the Commissioner.

    Committee on Preschool Special Education

    Upon receipt of the recommendation of the Committee on Preschool Special Education (CPSE), the Board of Education shall arrange for the preschool student with a disability to receive such appropriate programs and services in accordance with the student's IEP, commencing with the July, September or January starting date for the approved program, unless such services are recommended by the CPSE less than thirty (30) school days prior to, or after, the appropriate starting date selected for the preschool student with a disability; in that case, such services shall be provided no later than thirty (30) days from the recommendation of the CPSE.

    If the Board disagrees with the recommendation of the CPSE, the Board shall send the recommendation back to the CPSE with notice of the need to schedule a timely meeting to review the Board's concerns and to revise the IEP as deemed appropriate. The Board of Education shall provide such notice as required by federal and state law and regulations.

    Subcommittee on Special Education

    The number of Subcommittees on Special Education will be determined by the CSE and the CSE will be responsible for the oversight and monitoring of the activities of each subcommittee to assure compliance with the requirements of applicable state and federal laws and regulations.

    Each Subcommittee may perform the functions for which the CSE is responsible, except:

    1. When a student is considered for initial placement in a special class; or
    2. When a student is considered for initial placement in a special class outside of the student's school of attendance; or
    3. When a student is considered for placements in a school primarily serving students with disabilities or a school outside the District.

    Subcommittees shall report annually to the CSE regarding the status of each student with a disability within its jurisdiction. Upon receipt of a written request from the parent or person in parental relation to a student, the Subcommittee shall refer to the CSE any matter in which the parent disagrees with the Subcommittee's recommendation concerning a modification or change in the identification, evaluation, educational placement or provision of a free appropriate education to the student.

    Policy References:

    Education Law Sections 4402 and 44108 New York Code of Rules and Regulations(NYCRR) Sections 200.2(d)(1), 200.4(c),200.4(d), 200.5 and 200.16(e)

  • Last Reviewed Date: 11/19/2019

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 3/20/07; 4/1/08; 4/26/16

    The Board recognizes the need for educational programs for three (3) and four (4) year old children with disabilities and directs that administrative practices and procedures be developed to:

    1. Ensure the timely evaluation and placement of each preschool child with a disability residing in the District so the child has the opportunity to participate in preschool;
    2. Establish a Committee on Preschool Special Education (CPSE) which shall be comprised in accordance with applicable federal and state law and regulation;
    3. Ensure that parents have received and understand the request for consent for evaluation and re-evaluation of a preschool aged child.

    Evaluations for Preschool Children with Disabilities

    The District is required to collect entry assessment data in the three (3) outcome areas on all preschool children who receive an initial evaluation. As currently required by Commissioner's Regulation Section 200.5, a parent must be fully informed about the proposed initial evaluation and must provide consent for an initial evaluation. This would include a description of the proposed evaluation.

    The CPSE will receive entry-level assessment results in the three (3) outcome areas from approved preschool evaluators conducting initial evaluations on all preschool children suspected of having disabilities. The CPSE will then meet to determine the child's eligibility for preschool education programs and/or services and complete the Child Outcomes Summary Form to determine the child's entry level of functioning in the three (3) outcome areas for all preschool children evaluated and found to be eligible. The form is be kept in the student's record until the exit assessment information is due as a way to summarize complex assessment information in a format so that the data can be aggregated and reported to the State Education Department (SED).

    If the committee recommends placing a child in an approved program that also conducted an evaluation of such child, it shall indicate in writing that such placement is an appropriate one for the child. In addition, the committee shall provide notice to the Commissioner of such recommendation.

    Policy References:

    Individuals with Disabilities Act (IDEA), 20 United States Code (USC) Section 1400 et seq. Education Law Section 4410 8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(2), 200.2(b)(5) and 200.5

  • Last Reviewed Date: 12/17/2019

    Adoption Date: 01/20/2004

    Revision History: 4/4/2006; 4/1/08; 4/26/16

    Least restrictive environment means that placement of students with disabilities in special classes, separate schools or other removal from the regular educational environment occurs only when the nature or severity of the disability is such that even with use of supplementary aids and services, education in regular classes cannot be satisfactorily achieved. The placement of an individual student with a disability in the least restrictive environment shall:

    1. Provide the special education and related services, as well as supplementary aids and services, needed by the student. The term "related services" does not include a medical device that is surgically implanted, the optimization of the device's functioning (e.g, mapping), maintenance of, or the replacement of such device;
    2. Provide for education of the student to the maximum extent appropriate to the needs of the student with other students who do not have disabilities; and
    3. Be as close as possible to the student's home.

    The District has an obligation, pursuant to law and regulation, to educate students with disabilities in the least restrictive environment. The School District shall ensure that:

    1. Placement is based on the student's individualized education program and determined at least annually;
    2. Placement is as close as possible to the student's home, and unless the student's individualized education program requires some other arrangement, the student shall be educated in the school he/she would have attended if not disabled;
    3. In selecting the least restrictive environment, consideration will be given to any potential harmful effect on the student or on the quality of services that he/she needs; and
    4. A student with a disability will not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

    The District shall ensure that a continuum of alternative placements, in accordance with law and/or regulation, will be available to meet the needs of students with disabilities. To enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate, specially designed instruction and supplementary services may be provided in the regular class, including, as appropriate, related services, resource room programs and special class programs within the general education classroom.

    Policy References:

    Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300 Education Law Sections 4401-4410-a 8 New York Code of Rules and Regulations (NYCRR) Sections 100.5, 100.9, 200.1(cc), 200.1(qq), 200.2(b), 200.4 and 200.6

  • Last Reviewed Date: 12/17/2019

    Adoption Date: 01/20/2004

    Revision History: 12/18/2007; 4/26/16; 12/17/2019

    The Board of Education recognizes that the provision of academic and behavioral supports and targeted interventions for students who are not making academic progress at expected levels in the general curriculum may improve a student’s performance and help avert the need for referral for possible classification as a student with a disability. Therefore, the district will implement on a school-wide basis practices appropriate to enable all of the district’s students to succeed in the general education environment.

    The provision of programs and/or services for students starts with consideration/implementation of instruction in the general education curriculum, with appropriate supports and/or accommodations as may be necessary. In implementing pre-referral intervention strategies, the District may utilize resources/strategies already in place for qualified students including, but not limited to, services available through Section 504 of the Rehabilitation Act of 1973, and Educationally Related Support Services and Academic Intervention Services as defined in Education Law and/or Commissioner's Regulations. All of these programs may be considered as possible components of Pre-referral/Intervention Instructional Support Plans. The District will ensure that they have a system in place, with appropriate personnel, for developing, implementing and evaluating pre-referral intervention strategies.

    The District will provide general education support services, instructional accommodations, alternative instructional approaches, or alternative program options to address a student's performance prior to a referral to a Committee on Special Education (CSE). Formal Instructional Support Services Teams (ISST) or other school-based teams (e.g., Direct Student Support Teams or Child Study Teams), will be formed in accordance with law and/or regulations as may be applicable as well as District guidelines. The ISST will include representatives from general and special education as well as other disciplines and include individuals with classroom experience. Parents/persons in parental relation to students will be involved in developing pre-referral strategies to address the educational needs of their child. Additionally, the District will seek collaboration between outside agencies and the school prior to a referral of the student to the CSE in order to address necessary student support services.

    Administration shall ensure that appropriate opportunities exist for collaboration between general educators and special educators, and that consultation and support are available to teachers and other school personnel to assist parents/persons in parental relation to students and teachers in exploring alternative approaches for meeting the individual needs of any student prior to formal referral for special education.

    The determination of prevention and pre-referral intervention strategies/services shall consider the student's strengths, environment, social history, language and cultural diversity in addition to the teacher's concerns. The building administrator will further ensure that all staff are familiar with intervention procedures and procedures for operating an ISST.

    Pre-referral/Intervention Instructional Support Plans shall be proactive in their strategies to meet the broad range of student needs and to improve student performance. Pre-referral/Intervention strategies and/or Instructional Support Plans are to be reviewed and evaluated to determine their effectiveness, and modified as may be appropriate. Appropriate documentation of the prevention and/or intervention strategies implemented shall be maintained.

    However, should a referral be made to the CSE during the course of implementing pre-referral/intervention instructional support services, the CSE is obligated in accordance with law to continue its duties and functions, and must meet mandatory time lines in evaluating the student for special education services and implementation of an individualized education program, if applicable.

    Response to Intervention

    As part of the district’s effort to provide pre-referral services to students who are not making academic progress at expected levels in the general curriculum, the district has also implemented a response to intervention (RTI) program that includes the minimum requirements established by the Commissioner’s Regulations and allows teachers and other staff to determine whether a student responds to scientific, research-based instruction or requires interventions beyond those provided to all students in the general education classroom.

    Educational Related Support Services

    Educational related support services (ERSS) means curriculum and instructional accommodation services; direct student support team services; assessment and non-career counseling services; special instruction to eligible students with disabilities as defined in Education Law Section 4401, which does not generate excess cost aid including related services but excluding transportation and transition services; and to eligible, qualified students pursuant to Section 504 of the Rehabilitation Act of 1973. These services are provided to eligible students, individually or in groups, and may include those related consultation services provided to their families and related school personnel in order to enhance the academic achievement and attendance of such students. Educational related support services shall also mean speech and language improvement services as defined in Commissioner's Regulations.

    ERSS may be utilized as a component of any Pre-referral/Intervention Instructional Support Plan.

    Section 504 of the Rehabilitation Act of 1973

    For students who are qualified for services pursuant to Section 504 of the Rehabilitation Act, but are not classified as students with disabilities as defined in Education Law Section 4401, Section 504 Accommodation Plans may address instructional support services that can be utilized as components of any pre-referral/intervention strategies as deemed necessary and/or appropriate.

    Positive Behavioral Intervention and Support System

    The District shall also implement a positive behavioral intervention and support (PBIS) system that reduces school and classroom behavioral problems and maintains a safe and positive learning environment by promoting positive behavior in all students as part of its commitment to provide pre-referral approaches and interventions.

    Academic Intervention Services

    Academic intervention services means additional instruction which supplements the instruction provided in the general curriculum and assists students in meeting the State learning standards as defined in Commissioner's Regulations and/or student support services which may include guidance, counseling, attendance, and study skills which are needed to support improved academic performance. However, such services shall not include services provided to students with limited English proficiency pursuant to Commissioner's Regulations or special education services and programs as defined in Education Law Section 4401. Academic intervention services are intended to assist students who are at risk of not achieving the State learning standards in English language arts, mathematics, social studies and/or science, or who are at risk of not gaining the knowledge and skills needed to meet or exceed designated performance levels on State assessments.

    The District has developed a description of the academic intervention services offered to grades K-12 students in need of such services. The District will review and revise this description every two years based on student performance results.

    Parental notification of students who have been determined to need academic intervention services will be provided as per Commissioner's Regulations.

    In implementing prevention and/or pre-referral intervention support strategies in order to remediate a student's performance prior to referral for special education, the utilization of academic intervention services, as enumerated in Commissioner's Regulations, may be included as a component of any such Pre-referral/Intervention Instructional Support Plan.

    Policy References:

    Section 504 of the Rehabilitation Act of 1973,29 United States Code (USC) Section 794 et seq.Education Law Sections 3602(32), 4401 and 4401-a8 New York Code of Rules and Regulations (NYCRR)Sections 100.1(g), 100.1(p), 100.1(r), 100.1(s), 100.1(t),100.2(ii), 100.2(v), 100.2(dd)(4), 100.2(ee), 200.2(b)(7), 200.4(a)(2), 200.4(a)(9); 200.4(c) and Part 154

  • Last Reviewed Date: 12/17/2019

    Adoption Date: 01/20/2004

    Revision History: 4/4/2006; 02/04/2014; 4/26/16

    The School District shall establish and implement a plan for the appropriate declassification of students with disabilities which must include:

    1. The regular consideration for declassifying students when appropriate;
    2. A reevaluation of the student prior to declassification; and
    3. The provision of educational and support services to the student upon declassification.

    Eligibility Determinations

    The School District must evaluate a student with a disability prior to determining that a student is no longer a student with a disability as defined in accordance with Commissioner's Regulations, and the District shall provide a copy of the evaluation report and the documentation of eligibility to the student's parent at no cost to the parent. The results of any reevaluations must be addressed by the Committee on Special Education (CSE) in a meeting to review and, as appropriate, revise the student's IEP.

    Prior to the reevaluation, the School District shall obtain informed written parental consent unless otherwise authorized pursuant to law and/or regulation. Parental consent need not be obtained if the District can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parents fail to respond. The District must have a record of its attempts to obtain parental consent. Should the student's parents refuse consent for the reevaluation, the District may continue to pursue the reevaluation by using mediation and/or due process procedures.

    The District shall take whatever action is necessary to ensure that the parent understands the proceedings at the meeting of the CSE, including arranging for an interpreter for parents with deafness or whose native language is other than English

    Recommendation for Declassification

    If the student has been receiving special education services, but it is determined by CSE that the student no longer needs special education services and can be placed in a regular educational program on a full-time basis, the recommendation shall:

    1. Identify the declassification support services, if any, to be provided to the student; and/or the student's teachers; and
    2. Indicate the projected date of initiation of such services, the frequency of provision of such services, and the duration of these services, provided that such services shall not continue for more than one (1) year after the student enters the full-time regular education program.

    Declassification Support Services

    Declassification support services means those services provided to the student or the student's teacher(s) to aid in the student's transition from special education to full-time regular education. These services are provided by persons certified or licensed in the appropriate area of service pursuant to Commissioner's Regulations Part 80. Such services include:

    1. For the student, psychological services, social work services, speech and language improvement services, non-career counseling, and other appropriate support services; and
    2. For the student's teacher(s), the assistance of a teacher aide or a teaching assistant, supplementary school personnel and consultation with appropriate personnel.

    When appropriate, the District shall provide declassification support services to students who have moved from special education to a full-time regular educational program in accordance with the recommendation of the CSE.

    Procedural Safeguards Notice

    The District shall use the procedural safeguards notice prescribed by the Commissioner of Education. The District will further ensure that the procedural safeguards notice is provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the District shall take steps to ensure that the notice is translated orally or by other means to the parent in his/her native language or other mode of communication; that the parent understands the content of the notice; and that there is written evidence that all due process procedures, pursuant to law and/or regulation, have been met.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)] Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300 Education Law Sections 4401-4410-a 8 New York Code of Rules and Regulations (NYCRR) Sections 100.1(q), 100.2(u), 200.2(b)(8), 200.4(b)(4), 200.4(b)(5), 200.4(c)(3), 200.4(d)(1) and 200.5

  • Last Reviewed Date: 12/17/2019

    Adoption Date: 12/18/2007

    Revision History: 12/17/2019

    The Board of Education recognizes the importance of offering access and appropriate testing accommodations to eligible students so that they can participate in assessment programs on an equal basis with their nondisabled peers. Two elements that contribute to an effective assessment program are proper use of accommodations and use of universal design principles in developing and administering tests.

    Testing Accommodations

    Testing accommodations provide an opportunity for student with disabilities to:

    • Participate in the instructional and assessment program;
    • Demonstrate their strengths, knowledge and skills without being restricted by their disability; and
    • Provide an accurate measure of the standards being assessed so that appropriate instruction and services can be provided.

    Testing accommodations are changes made in the administration of the test in order to remove obstacles to the test-taking process that are presented by the disability without changing the constructs being tested. Examples of testing accommodations are: flexibility in scheduling/timing; flexibility in the setting for the administration of the test; changes in the method of presentation and changes in the method of response. Testing accommodations are neither intended nor permitted to: alter the construct of being measured or invalidate the results, provide an unfair advantage for students with disabilities over students taking the test under standard conditions or substitute for knowledge or abilities that the student has not attained.

    The Committee on Special Education, the Subcommittee on Special Education or the Committee on Preschool Special Education is responsible for recommending the appropriate test accommodations and including those recommendations on the student’s Individualized Education Program (IEP), Individualized Education Services Program (IESP), or Service Plan (SP). If it is determined that a student should participate in alternative assessments instead of the standard statewide or districtwide tests, the CSE must indicate the reasons for doing so on the IEP, IESP, or SP. The 504 multidisciplinary committee will include the appropriate test accommodations as part of the 504 plan.

    The recommendations will be reviewed annually by the CSE, CSE Subcommittee, CPSE or 504 team. The Board acknowledges the importance of integrating the assessment program with the instructional program and, to that end, encourages effective communication among district staff so that implementation is consistent and fair. The goal is to provide effective assessments that allow students to benefit from their educational program.

    In some situations, a building principal may authorize the use of testing accommodations in accordance with this policy. Those instances are limited to cases where a regular education student incurs a disability, such as but not limited to, a broken arm, without sufficient time for the CSE, CPSE and/or Section 504 Committee to make a recommendation prior to a test. They do not include case where the student is already being evaluated to determine his or her eligibility for status as a student with a disability. In exercising this authority, the building principal will rely on his or her professional judgment. He or she also may confer with CSE, CPSE and/or Section 504 Committee members.

    Universal Design Principles in Districtwide Assessments

    The Board of Education recognizes the benefits of using the principles of universal design to further the goal of ensuring equal access to districtwide assessments and to ensure the most accurate measure of the performance of all students. The Board directs the Superintendent, in consultation with appropriate school staff, to examine how universal design principles can be incorporated into the district’s assessment program, and to facilitate its use to the extent feasible. Any steps taken in this regard will be consistent with this policy and applicable State Education Department policy and/or guidance on the use of the universal design.

    At a minimum, the Superintendent will explore how district assessments can be: made more usable by students with diverse abilities; designed to better accommodate a wide range of individual preferences and abilities; made more understandable; made to communicate information to students more effectively; designed to minimize adverse consequences of accidental or unintended actions; and used more efficiently and comfortably and with a minimum of student fatigue.

    Policy References:

    Individuals with Disabilities Education Act (IDEA), 20 USC §§1401(35); 1412(a)(16)(E)34 CFR §300.44Assistive Technology Act, 29 USC §3002(19)8 NYCRR §§200.1(jjj); 200.2(b)(13,14); 200.4(d)(2)(vi)

  • Last Reviewed Date: 12/17/2019

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 4/1/08; 10/6/09; 4/26/16

    All students with disabilities residing in the District, including those of preschool age, shall be provided with full access and opportunity to participate in School District programs, including nonacademic and extracurricular programs and activities, that are available to all other students enrolled in the public schools of the District. Nonacademic and extracurricular programs and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the School District, referrals to agencies that provide assistance to individuals with disabilities and employment of students (both by the School District and assistance in making outside employment available).

    Parents/guardians of students with disabilities, including those students placed in out-of-District programs, shall receive timely notice of such District programs and activities.

    Community Resources

    The School District may compile a list of community resources (appropriate and/or helpful services that may be available outside of the school setting) and provide this information to parents or persons in parental relation of a child with a disability. Such a list shall clearly state that these services are in addition to programs and services provided by the School District and will not be paid for by the School District. Any member of the School District's committees or subcommittees on special education, or the School District, who, acting reasonably and in good faith, provides this information shall not be liable for such action.

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(1) and 200.2(b)(2)

  • Last Reviewed Date: 1/21/2020

    Adoption Date: 07/19/1994

    Revision History: 7/29/1997; 6/20/00; 4/26/16; 1/21/2020

    The Board of Education affirms its compliance with those sections of the Rehabilitation Act of 1973 dealing with program accessibility.

    Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities in federally assisted programs or activities solely on the basis of disability. The District shall make its program and facilities accessible to all its students with disabilities.

    The District shall also identify, evaluate and extend to every qualified student with a disability under Section 504 a free, appropriate public education, including modifications, accommodations, specialized instruction or related aids and services, as deemed necessary to meet their educational needs as adequately as the needs of non-disabled students are met.

    The District official responsible for coordination of activities relating to compliance with Section 504 is the Assistant to the Superintendent for Inclusive Education. This official shall provide information, including complaint procedures, to any person who feels his/her rights under Section 504 have been violated by the District or its officials.

    Prohibition Against Disability-Based Discrimination in Accelerated Programs

    The practice of denying, on the basis of disability, a qualified student with a disability the opportunity to participate in an accelerated program violates both Section 504 and Title II. A school district may not impose or apply eligibility criteria that screens out or tends to screen out a student with a disability from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary.

    It is also unlawful to deny a student with a disability admission to an accelerated class or program solely because of his/her need for special education or related aids or services (i.e., related services, supplementary aids and services, program modification and supports for school personnel) or because the student has an Individualized Education Program (IEP) or a plan under Section 504.

    Schools may employ appropriate eligibility requirements or criteria in determining whether to admit students, including students with disabilities, into accelerated classes or programs. Additionally, nothing in Section 504 or Title II requires schools to admit into accelerated classes or programs students with disabilities who would not otherwise be qualified for these classes or programs.

    Policy References:

    Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.

  • Last Reviewed Date: 1/21/2020

    Adoption Date: 12/18/2007

    Revision History: 4/26/2016

    The Board of Education recognizes its responsibility to ensure that appropriate space is available for:

    • Special programs and services provided to meet the needs of students and preschool students with disabilities both within its own facilities, and in programs provided by the board of cooperative educational services (BOCES) and attended by district residents; and
    • Serving students with disabilities in settings with non-disabled peers, as well.

    The district will address such space allocation needs as part of its annual budget cycle, during the annual or any more frequent re-evaluation of its long-range educational facilities plan, and as part of the biannual plan it must submit to the commissioner of education regarding the provision of services to students and preschool students with disabilities.

    Through the Superintendent, the district will also share with the BOCES District Superintendent information relevant for the BOCES to determine its own facility space needs for serving the district’s resident students and preschool students with disabilities.

    As part of the process for ensuring the allocation of appropriate space for special education programs and services and serving students with disabilities in settings with non-disabled peers, the Superintendent, in consultation with appropriate school personnel will, at a minimum:

    • Periodically gather information regarding the number of students and preschool students with disabilities presently participating and anticipated to continue to participate in the district’s special education programs and services, the type of programming they presently receive and may receive in the future, as well as the setting in which those services are and/or will be provided.
    • Review the results of the district’s latest census, and other district child find efforts, including child find activities conducted with parentally-placed nonpublic school students with disabilities.
    • Anticipate any projected increases in the number of students and preschool students with disabilities the district will be responsible for providing special education programs and services to, the anticipated type of services they will be receiving and the settings in which those services will be provided.
    • Based on the above information, review current space capacity, and identify any additional space requirements to meet both current and future needs.
    • Submit a report to the board regarding the results of the above review process, along with necessary recommendations for additional space allocations.

    Policy References:

    Individuals with Disabilities Education Act, 20 USC New York Education Law §3602(10)8 NYCRR §§155.1(a); 200.2(c)(iv), (v); 200.2(g)

  • Last Reviewed Date: 1/21/2020

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 1/20/04; 4/4/06; 3/6/07; 12/4/07; 12/04/12; 4/26/16; 1/21/2020

    Committee on Special Education (CSE) Membership

    The Board of Education shall appoint a Committee on Special Education (CSE) whose membership shall include, but not be limited to, the following members:

    1. The parent(s) or persons in parental relation of the student. To ensure that one or both parents are present at each CSE meeting, the District and the parent(s) may agree to use alternative means of participation such as video conferences or conference phone calls;
    2. Not less than one (1) regular education teacher of such student (if the student is, or may be, participating in the regular education environment);
    3. Not less than one (1) special education teacher of the student, or, where appropriate, not less than one (1) special education provider (i.e., related service provider) of such student;
    4. A representative of the School District who is qualified to provide or administer or supervise special education and who is knowledgeable about the general education curriculum and about the availability of resources of the District. An individual who meets these qualifications may be the same individual appointed as the special education teacher or provider or the school psychologist. The representative of the District will serve as the chairperson of the Committee;
    5. An individual who can interpret the instructional implications of evaluation results, who may be a CSE member selected from the regular education teacher, the special education teacher or provider, the school psychologist, or the School District representative described above, or a person having knowledge or special expertise regarding the student as determined by the District;
    6. A member as described in letters b) through e) of this subheading is not required to attend the CSE meeting, in whole or in part, if the parent/person in parental relation to the student with a disability and the School District agree, in writing not less than five (5) calendar days prior to the meeting date, that the attendance of the member is not necessary because:
      1. The member's area of the curriculum or related services is not being modified or discussed in the meeting; or
      2. The member's area of the curriculum or related services is being modified or discussed in the meeting but, not less than five (5) calendar days prior to the meeting, the excused member has submitted to the parents/persons in parental relation and the CSE written input into the development of the IEP, particularly with respect to their area of curriculum or related services; or
    7. The committee member is unable to attend due to an emergency or unavoidable scheduling conflict and the District submits the written input listed above to the parents/persons in parental relation within a reasonable time prior to the meeting and prior to obtaining written consent to the excusal by the parents/persons in parental relation;
    8. At the discretion of the parent or the District, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. The determination of knowledge or special expertise shall be made by the party (parents or School District) who invited the individual to be a member of the committee;
    9. The student with a disability, as appropriate. The District must invite the student with a disability to attend the student's CSE meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the student and the transition services needed to assist the student in reaching those goals. If the student does not attend the CSE meeting, the District must take other steps to ensure that the student's preference and interests are considered. To the extent appropriate, with the consent of the parent or a student eighteen (18) years or older, the District must also invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services;
    10. A school psychologist; and
    11. A school physician, if requested in writing at least seventy-two (72) hours prior to the meeting by the parents of the student or the School District.

    Subcommittee on Special Education Membership

    The Board of Education shall appoint, as necessary, a Subcommittee on Special Education whose membership shall include, but not be limited to, the following members:

    1. The parent(s) of the student;
    2. Not less than one (1) regular education teacher of such student (if the student is, or may be, participating in the regular education environment);
    3. Not less than one (1) special education teacher, of the student, or where appropriate, not less than one (1) special education provider (i.e., related service provider) of such student;
    4. A representative of the School District who is qualified to provide or administer or supervise special education and who is knowledgeable about the general education curriculum and about the availability of resources of the District. This individual may also fulfill the requirements of c) or e) of this section. The representative of the District will serve as the chairperson of the Subcommittee;
    5. A school psychologist, whenever a new psychological evaluation is reviewed or a change to a program option with a more intensive staff/student ratio, as set forth in Section 200.6(f)(4) of the Regulations of the Commissioner, is considered;
    6. A member as described is not required to attend the subcommittee meeting, in whole or in part, if the parent/person in parental relation to the student with a disability and the School District agree, in writing not less than five (5) calendar days prior to the meeting date, that the attendance of the member is not necessary because:
      1. The member's area of the curriculum or related services is not being modified or discussed in the meeting; or
      2. The member's area of the curriculum or related services is being modified or discussed in the meeting but, not less than five (5) calendar days prior to the meeting, the excused member has submitted to the parents/persons in parental relation and the CSE written input into the development of the IEP, particularly with respect to their area of curriculum or related services; or
    7. The committee member is unable to attend due to an emergency or unavoidable scheduling conflict and the District submits the written input listed above to the parents/persons in parental relation within a reasonable time prior to the meeting and prior to obtaining written consent to the excusal by the parents/persons in parental relation;
    8. At the discretion of the parent or the Committee, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. The determination of knowledge or special expertise shall be made by the party (parents or School District) who invited the individual to be a member of the subcommittee;
    9. An individual who can interpret the instructional implications of evaluation results, who may be a member described; and
    10. Whenever appropriate, the student with a disability.

    Training

    The training of qualified personnel is essential to the effective implementation of the Regulations of the Commissioner of Education regarding the education of all students with disabilities.

    Assistant to the Superintendent for Inclusive Education shall be responsible to the Superintendent for establishing administrative practices and procedures for training all District personnel responsible for carrying out the provisions of Part 200 of the Commissioner's Regulations as well as members of the Committee on Special Education.

    Alternative Means of Meeting

    When conducting a meeting of the Committee on Special Education (CSE), the parent and the representative of the District appointed to the CSE may agree to use alternative means of meeting participation, such as videoconferences and conference calls.

    Policy References:

    Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300 and Section 300.321 Education Law Section 4402 8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(3), 200.3, and 200.4(d)(4)(i)(d)

  • Last Reviewed Date: 1/21/2020

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 1/20/04; 4/4/06; 3/6/07;12/4/07; 02/04/14; 4/26/16; 1/21/2020

    Committee on Preschool Special Education (CPSE) Membership

    The Board of Education shall appoint a Committee on Preschool Special Education (CPSE) whose membership shall include, but not be limited to, the following members:

    1. The parent(s) of the preschool child. To ensure that one or both parents are present at each CPSE meeting, the District and the parent(s) may agree to use alternative means of participation such as video conferences or conference phone calls;
    2. Not less than one (1) regular education teacher of such child (if the child is, or may be, participating in the regular education environment);
    3. Not less than one (1) special education teacher of the child or, where appropriate, not less than one (1) special education provider (i.e., related service provider) of such child;
    4. A representative of the School District who is qualified to provide, or supervise the provision of, special education and who is knowledgeable about the general education curriculum and about the availability of preschool special education programs and services and other resources of the District and the municipality (who shall serve as Chairperson of the CPSE);
    5. An individual who can interpret the instructional implications of evaluation results, who may be a member of the team selected from the regular education teacher, the special education teacher or provider, the school psychologist, the School District representative described above, or a person having knowledge or special expertise regarding the student as determined by the District;
    6. At the discretion of the parent or the District, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate. The determination of knowledge or special expertise shall be made by the party (parents or School District) who invited the individual to be a member of the committee;
    7. An additional parent of a child with a disability who resides in the School District or a neighboring school district, and whose child is enrolled in a preschool or elementary level education program provided that such parent shall not be employed by or under contract with the School District; and provided further that such parent shall not be a required member unless the parents of the child or a member of the CPSE request, in writing, at least seventy-two (72) hours prior to such meeting, that the additional parent member participate in the meeting; The parent or other person in parental relation shall receive proper written notice of their right to have an additional parent attend any meeting of the committee regarding the student along with a statement, prepared by NYSED, explaining the role of having the additional parent attend the meeting;
    8. For a child's transition from early intervention programs and services (Infant and Toddler Programs), at the request of the parent/person in parental relation, the appropriate professional designated by the agency that has been charged with the responsibility for the preschool child. This professional must attend all meetings of the CPSE conducted prior to the child's initial receipt of services; and
    9. A representative from the municipality of the preschool child's residence. Attendance of the appointee of the municipality is not required for a quorum.

    However, except for the parents/persons in parental relation and the appointee from the municipality ( a) and i) above) a member of the CPSE is not required to attend a meeting of the team in whole or in part if the parent/person in parental relation and the District agree in writing that the attendance is not necessary because the member's area of the curriculum or related services is not being modified or discussed at that meeting.

    Additionally, a member as described in letters b) through h) of this subheading may be excused from attending the CPSE meeting, in whole or in part, if the parent/person in parental relation to the student with a disability and the School District agree, in writing to the excusal not less than five (5) calendar days prior to the meeting date, that the attendance of the member is not necessary because:

    1. The member's area of the curriculum or related services is being modified or discussed in the meeting but, not less than five (5) calendar days prior to the meeting, the excused member has submitted to the parents/persons in parental relation and the CSE written input into the development of the IEP, particularly with respect to their area of curriculum or related services; or
    2. The committee member is unable to attend due to an emergency or unavoidable scheduling conflict and the District submits the written input listed in a) above to the parents/persons in parental relation within a reasonable time prior to the meeting and prior to obtaining written consent to the excusal by the parents/persons in parental relation.

    Training

    The training of qualified personnel is essential to the effective implementation of the Regulations of the Commissioner of Education regarding the education of all students with disabilities.

    The Assistant to the Superintendent for Inclusive Education and Instruction shall be responsible to the Superintendent for establishing administrative practices and procedures for training all District personnel responsible for carrying out the provisions of Part 200 of the Commissioner's Regulations as well as members of the Committee on Preschool Special Education.

    Alternative Means of Meeting

    When conducting a meeting of the Committee on Preschool Special Education (CPSE), the parent and the representative of the District appointed to the CPSE may agree to use alternative means of meeting participation, such as videoconferences and conference calls.

    Policy References:

    Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300 Education Law Section 4410 8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(3) and 200.3

  • Last Reviewed Date: 1/21/2020

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 10/21/03; 1/20/04; 4/4/06; 12/4/07; 4/1/08; 12/04/12; 4/26/16; 1/21/2020

    Development of Individualized Education Program

    The Board of Education directs that the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) shall have prepared a written statement (program) for each child with a disability.

    Such an Individualized Education Program (IEP) will be developed by the CSE or CPSE upon referral, and reviewed or revised, whichever is appropriate, for every child with a disability at least annually or in the event that the program no longer appears to be appropriate to meet the student's needs and ability level.

    The District shall ensure that each student with a disability has an IEP in effect at the beginning of each school year.

    Functional Behavioral Assessments/Behavioral Intervention Plans

    A functional behavioral assessment (FBA) is an integral part of the evaluation and reevaluation of a student with a disability which should be used throughout the process of developing, reviewing and revising a student's IEP when the student's behavior impedes learning of the child or others. The FBA is the process of determining why a student engages in challenging behavior and how the student's behavior relates to the environment. An FBA for a student with a disability is an evaluation requiring parental consent, pursuant to Commissioner's Regulation 200.5(b).

    The FBA provides a baseline of the student's problem behaviors with regard to frequency, duration, intensity and/or latency across activities, settings, people and times of the day and includes:

    1. The identification of the problem behavior,
    2. The definition of the behavior in concrete terms,
    3. The identification of the contextual factors that contribute to the behavior (including cognitive and effective factors), and
    4. The formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it.

    The FBA must, as appropriate, be based on multiple sources of data such as structured interviews, behavior ratings scales, standardized assessments and checklists. It must include, but is not limited to:

    1. Information obtained from direct observation of the student;
    2. Information from the student, the student's teacher(s) and/or related service providers; and
    3. A review of available data and information from the student's record and other sources including any relevant information provided by the student's parent.

    The FBA cannot be based solely on the student's history of presenting problem behavior.

    The CSE/CPSE will ensure that functional behavioral assessments, when appropriate, are conducted and reviewed to:

    1. Identify supplementary aids and services, modifications and/or related services appropriate to address the identified behaviors to promote the student's involvement and progress in the general curriculum;
    2. Determine a student's eligibility for special education services;
    3. Develop the IEP which includes behavioral goals and objectives and positive behavioral supports and strategies.

    In the case of a student whose behavior impedes his/her learning or that of others, the CSE/CPSE shall consider strategies, including positive behavioral interventions and supports and other strategies to address that behavior. The need for a behavioral intervention plan (BIP) shall be documented on the IEP and such plan shall be reviewed at least annually by the CSE/CPSE. In addition, regular progress monitoring of the frequency, duration and intensity of the behavioral interventions shall be conducted at scheduled intervals, documented and reported to the parents and CSE/CPSE.

    A behavioral intervention plan may not include the use of aversive interventions or time out rooms except in accordance with specific Board policy regulating these techniques.

    Individual Evaluations

    Parental consent must be provided for an initial evaluation. If such consent is not received within thirty (30) calendar days of receipt of the referral, the CSE/CPSE Chairperson will document all attempts made to obtain the consent and, if appropriate, advise the Board of its right to utilize the due process procedures to conduct an evaluation without parental consent.

    Unless a referral is withdrawn, an individual evaluation at no cost to the parent will be completed by the CSE/CPSE within sixty (60) calendar days after written parental consent has been obtained or a parental refusal to consent is overridden, unless:

    1. An extension is mutually agreed to by the parent and the CSE/CPSE for the following situations:
      1. Transfer students: A student enrolls in the District after sixty (60) days and prior to a determination by the student's previous school district as to whether the student has a disability, but only if the new school district is making sufficient progress to ensure a prompt completion of the evaluation and the parent and the new district agree in writing to a specific timeframe for completion; or
      2. Students suspected of having learning disabilities; or
      3. The parent or student repeatedly fails or refuses to produce the student for evaluation.

    No student shall be required to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving an evaluation.

    The individual evaluation will include a variety of assessment tools and strategies, including information provided by the parent. The purpose of the evaluation is to gather relevant functional, developmental and academic information that may assist in determining whether the student is a student with a disability and the content of the student's IEP. This shall include information relating to enabling the student to participate and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities).

    As part of any evaluation, a group that includes the CSE/CPSE and other qualified professionals, as appropriate, shall review existing evaluation data on the student including evaluations and information provided by the parents of the student, current classroom-based assessments, local or state assessments, classroom-based observations, and observations by teachers and related services providers. In addition, the group will consider information about the student's physical condition, social or cultural background, and adaptive behavior.

    On the basis of that review, and input from the student's parents, the group shall identify what additional data, if any, are needed to determine:

    1. Whether the student has or continues to have a disability;
    2. The present levels of academic achievement and related developmental needs of the student, including:
      1. Academic achievement, functional performance, and learning characteristics;
      2. Social development;
      3. Physical development; and
      4. Management needs.
    3. In the case of a reevaluation of a student, whether the student continues to need special education; and
    4. Whether any additions or modifications to the special education services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum.

    If additional data are not needed, the District must notify the parents of that determination and the reasons for it and of the right of the parents to request an assessment to determine whether, for purposes of services provided in accordance with law and Commissioner's Regulations, the student continues to be a student with a disability and to determine the student's educational needs. The District is not required to conduct the assessment unless requested to do so by the student's parents.

    The determination that a student has a learning disability will be made in accordance with the procedures outlined in Section 200.4(j) of Commissioner's Regulations.

    Individual Re-evaluations

    A CSE/CPSE shall arrange for an appropriate re-evaluation of each student with a disability:

    1. If the District determines that the educational or related services needs, including improved academic achievement and functional performance of the student warrant re-evaluation;
    2. If the student's parent or teacher request a re-evaluation;
    3. At least once every three (3) years, unless the District and the parent/person in parental relation agree in writing that such re-evaluation is unnecessary.

    A re-evaluation shall not be conducted more frequently than once a year unless the parent and the District representative appointed to the CSE/CPSE agree otherwise.

    The re-evaluation will be conducted by a multi-disciplinary team or group of persons, including at least one teacher or other specialist with knowledge in the area of the student's disability. The re-evaluation shall be sufficient to determine the student's individual needs, educational progress and achievement, the student's ability to participate in instructional programs in regular education and the student's continuing eligibility for special education. The results of any re-evaluations must be addressed by the CSE/CPSE in reviewing, and as appropriate, revising the student's IEP.

    To the extent possible, the District shall encourage the consolidation of re-evaluation meetings for the student and other CSE/CPSE meetings for the student.

    Amendments to the IEP

    Amendments to the IEP made after the annual review by the CSE/CPSE may be made by reconvening the CSE/CPSE and rewriting the IEP or by developing a written document to amend or modify the student's current IEP, provided that:

    1. The parents/persons in parental relation request an amendment to the IEP and the District and parents/persons in parental relation agree to the amendment in writing; or
    2. The District provides the parents/persons in parental relation a written proposal to amend a provision or provisions of the IEP conveyed in language understandable to the parents/persons in parental relation in their native language or other dominant mode of communication, informs and allows the parents/persons in parental relation the opportunity to consult with the appropriate personnel or related service providers concerning the proposed changes, and the parents/persons in parental relation agree in writing to the amendments.

    If the parents/persons in parental relation agree to amend the IEP without a meeting, they shall be provided prior written notice (notice of recommendation) of the changes to the IEP and the Committee notified of the changes. If the changes are made by rewriting the entire IEP, the District shall provide the parents/persons in parental relation a copy of the rewritten IEP. If the amendment is made without rewriting the entire document, the District shall provide a copy of the document that amends the IEP or, upon request, a revised copy of the entire IEP with the amendments incorporated.

    Use of Recording Equipment at IEP Meetings

    The Board of Education shall allow recording equipment to be used at meetings regarding individualized education programs for students with disabilities.

    Provision of Individualized Education Program

    The Board of Education directs that the Superintendent/designee(s) establish administrative practices and procedures to ensure that each regular education teacher, special education teacher, related service provider and/or other service provider who is responsible for the implementation of a student's IEP is provided with either a paper copy of the IEP or is able to access a student's IEP electronically (including amendments to the IEP) prior to the implementation of such program. Such individuals responsible for the implementation of a student's IEP shall be notified and trained on how to access such IEP electronically. For purposes of this policy, "other service provider" means a representative of another public school district, charter school, Board of Cooperative Educational Services (BOCES) or school enumerated in Education Law Articles 81, 85 or 89 where the student receives or will receive IEP services. Further, the District will designate at least one school official who shall be responsible for maintaining a record of the personnel who have received IEP copies for each student.

    Any copy of a student's IEP shall remain confidential in compliance with the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, and District policy regarding confidentiality of student records; and shall not be disclosed to any other person other than the parent of such student, except in accordance with federal and state laws and/or regulations. Appropriate training and information will be provided to designated school personnel, as applicable, to ensure the confidentiality of such information. Procedures will be established to ensure that copies of students' IEPs are stored in secure locations and retrieved or destroyed when such professionals are no longer responsible for implementing a student's IEP.

    The Chairperson of the CSE, CSE subcommittee, or CPSE shall designate for each student one or, as appropriate, more than one professional employee of the School District with knowledge of the student's disability and education program who will be responsible to, prior to the implementation of the IEP, inform each regular education teacher, special education teacher, related service provider, other service provider, supplementary school personnel (i.e., a teaching assistant or a teacher aide as defined in Commissioner's Regulations), and other provider and support staff person of his/her responsibility to implement the recommendations on a student's IEP, including the responsibility to provide specific accommodations, program modifications, supports and/or services for the student in accordance with the IEP. In selecting the professional staff person(s), the Chairperson could select him/herself for this responsibility, another administrator, or a teacher, related service provider or other professional based on the particular circumstances of the student's disability and education program.

    The School District shall also ensure that each teaching assistant, teacher aide and each other provider responsible for assisting in the implementation of a student's IEP has the opportunity to review a copy of the student's IEP (including amendments) prior to the implementation of such program. Further, each teaching assistant, teacher aide and such other provider responsible for assisting in the implementation of a student's IEP shall have ongoing access to a copy of the IEP, which may be the copy provided to the student's special education teacher or the teacher or related service provider under whose direction the supplementary school personnel or other provider works. However, the District may, at its discretion, provide a copy of the IEP to teaching assistants and/or teacher aides.

    A copy of a student's IEP shall be provided to the student's parents at no cost to the student's parents.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446 Section 615(k)(l) Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq. 21 United States Code (USC) Section 812(c) Education Law Articles 81, 85 and 89 and Sections 3208 and 4402(7) 8 New York Code of Rules and Regulations (NYCRR) Sections 200.1(hh), 200.2(b)(11), 200.4(b)(4), 200.4(d)(3)(i), 200.4(e)(3), 200.4(f), 200.4(j), 200.16(e)(6) and 200.22

  • Last Reviewed Date: 2/25/2020

    Adoption Date: 7/19/1994

    Revision History: 6/20/2000; 4/4/06; 4/26/16; 2/25/2020

    Beginning not later than the first Individualized Education Program (IEP) to be in effect when the student is age 15 (and at a younger age, if determined appropriate), and updated annually, the student's IEP must include:

    1. A statement of the student's needs, taking into account the student's strengths, preferences and interests as they relate to transition from school to post-school activities;
    2. Appropriate measurable postsecondary goals based upon age appropriate transition assessments relating to training, education, employment and, where appropriate, independent living skills;
    3. A statement of transition service needs that focuses on the student's courses of study, such as participation in advanced-placement courses or a vocational educational program;
    4. Needed activities to facilitate the student's movement from school to post-school activities, including instruction, related services, community experiences, the development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation; and
    5. A statement of the responsibilities of the District and participating agencies, when applicable, for the provision of such services and activities, before the student leaves the school setting, that promote movement from school to post-school opportunities.

    The District must invite a student with a disability to attend the student's Committee on Special Education (CSE) meeting if a purpose of the meeting will be the consideration of the post-secondary goals for the student and the transition services needed to assist the student in reaching those goals. If the student does not attend the CSE meeting, the District must take other steps to ensure that the student's preference and interests are considered. To the extent appropriate, with the consent of the parent or a student who has reached the age of majority, the District must also invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

    Transition services means a coordinated set of activities for a student with a disability, designed within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate movement from school to post-school activities. Post-school activities include, but are not limited to, post-secondary education, vocational training, integrated competitive employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based on the student's strengths, preferences and interests and shall include needed activities in the following areas:

    1. Instruction;
    2. Related services- (the term "related services" does not include a medical device that is surgically implanted, the optimization of the device's functioning (e.g., mapping), maintenance of, or the replacement of such device);
    3. Community experiences;
    4. The development of employment and other post-school adult living objectives; and
    5. When appropriate, acquisition of daily living skills and functional vocational evaluation.

    Graduation/Aging Out

    The District is not required to conduct a reevaluation of a student before the termination of a student's eligibility due to graduation with a local high school or Regents diploma, or exceeding the age eligibility for a free appropriate public education. However, the District must provide the student with a summary of the student's academic achievement and functional performance, including recommendations on how to assist the student in meeting his/her post-secondary goals.

    Before a student's graduation from high school with a Skills and Achievement (SA) Commencement Credential or Career Development and Occupational Studies Commencement Credential (CDOS), parents must receive prior written notice indicating that the student continues to be eligible for a free appropriate public education until the end of the school year in which the student turns twenty-one (21) or until receipt of a regular high school diploma.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)] Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Sections 1400 et seq. 34 Code of Federal Regulations (CFR) Sections 300.343, 300.347 and 300.348 Education Law Section 4401 8 New York Code of Rules and Regulations (NYCRR) Sections 200.1(d)(2)(ix), 200.4(c)(2)(v), 200.4(c)(4), 200.4(fff) 200.1(qq), 200.1(fff), 2004.(d)(2)(ix), and 200.5(c)(2)(vii)

  • Last Reviewed Date: 2/25/2020

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 4/4/06; 4/26/16; 2/25/2020

    The District shall provide, directly or by contract, special services and/or programs during July and August (i.e., extended school year) to those students whose disabilities are severe enough to exhibit the need for a structured learning environment of a twelve (12) month duration, in order to prevent substantial regression as determined by the Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE).

    The CSE/CPSE must determine whether a student requires extended school year special education services and/or programs in order to prevent substantial regression. Substantial regression would be indicated by a student's inability to maintain developmental levels due to a loss of skill, set of skill competencies or knowledge during the months of July and August. In accordance with Commissioner's Regulations, students must be considered for twelve (12) month special services and/or programs to prevent substantial regression if they are:

    1. Students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention and who are placed in special classes; or
      Preschool students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention;
    2. Students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment and are placed in special classes; or
      Preschool students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment;
    3. Students who are recommended for home and/or hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment; or
      Preschool students whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment in the home;
    4. Students, including preschool students, whose needs are so severe that they can be met only in a seven (7) day residential program; or
    5. Students who are not in programs as described in subparagraphs (a) through (d) above during the period from September through June and who, because of their disabilities, exhibit the need for a twelve (12) month special service and/or program provided in a structured learning environment of up to twelve (12) months duration in order to prevent substantial regression as determined by the CSE; or
      Preschool students who are not described in subparagraphs (a) through (d) above whose disabilities are severe enough to exhibit the need for a structured learning environment of twelve (12) months duration to prevent substantial regression as determined by the Preschool Committee on Special Education (CPSE).

    For students eligible for twelve (12) month service and/or program, the student's Individualized Education Program (IEP) shall indicate the identity of the provider of services during the months of July and August, and, for preschool students determined by the CPSE to require a structured learning environment of twelve (12) months duration to prevent substantial regression, a statement of the reasons for such recommendation.

    The IEP shall indicate the projected date of the review of the student's need for such services and shall indicate the recommended placement.

    Any District plan to operate a July/August program must be approved by the State Education Department in accordance with applicable laws, regulations, procedures, and/or guidelines.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)] Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Sections 1400 et seq. 8 New York Code of Rules and Regulations (NYCRR) Sections 200.1(qq), 200.4(d)(2)(x), 200.5(b)(1)(iii), 200.6(j) and 200.16(h)(3)(v)

  • Last Reviewed Date: 2/25/2020

    Adoption Date: 04/04/2006

    Revision History: 4/26/16; 2/25/2020

    To facilitate the transition of students with disabilities transferring into or out of the District the District shall:

    1. As the school district of origin, take reasonable steps to promptly respond to all requests from the new school district.
    2. As the new school district, take reasonable steps to promptly obtain the student's records from the previous school, including the Individual Education Program (IEP), supporting documents and any other records relating to the provision of special education services.
    3. Provide to a student with a disability (as defined in Section 200.1(zz) of Commissioner's Regulations) who transfers school districts within the same academic year a free appropriate education including services comparable to those described in the student's previous IEP.
      1. For transfers within New York State, the previously held IEP will be followed in consultation with the parents until the District adopts the previously held IEP or develops, adopts and implements a new IEP consistent with federal and State law and regulation.
      2. For transfers from outside New York State, in consultation with the parents the previously held IEP will be followed until the District conducts an evaluation and, if appropriate, develops a new IEP consistent with federal and State law and regulation.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)] Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Sections 1400 et seq. 8 New York Code of Rules and Regulations (NYCRR) Section 200.4(eX8)

  • Last Reviewed Date: 2/25/2020

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 4/4/06; 10/2/07; 12/4/07; 7/1/2008; 4/26/16; 2/25/2020

    The District will locate, identify, and evaluate all students with disabilities who reside within its boundaries, including homeless children, children who are wards of the state, home-schooled children, and children attending private schools. Further, it is the policy of the Board of Education to conduct a census in order to locate and identify all children with disabilities within the District under the age of twenty-one (21), including those children as described above, and to establish a register of such students entitled to attend school or receive preschool services.

    The Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) will maintain and annually revise the register of such students and others referred to the committee as possibly having a disability, as appropriate. In addition, census data shall be reported by October 1 to the CSE or CPSE as appropriate.

    The District understands that its Child Find obligations have been expanded to include notification to every parent or person in parental relation, upon enrollment of their child in the District, of their rights regarding referral and evaluation for the purposes of special education services or programs pursuant to applicable federal and state laws. The notification will contain the name and contact information for the chairperson of the District's CSE or other individual who is charged with processing referrals to the committee in the District. The District may, in its discretion, provide such notice by directing parents or persons in parental relation to obtain information located on the State Education Department's website relating to a parent's guide to special education in New York State for children ages three (3) through twenty-one (21).

    Any student suspected of having a disability should be referred to the applicable CSE or CPSE for evaluation and possible identification as a student with a disability.

    Nonpublic School Students with Disabilities Who are Parentally Placed

    If the District boundaries encompass a nonpublic school, it must develop and implement methods to identify, locate and ensure the identification and evaluation of students with disabilities who have been, or are going to be, parentally placed in such nonpublic school.

    The child find activities must be similar to activities for students with disabilities in the public schools and must be completed in a time period comparable to that for other students attending public schools in the District.

    As the district of location, the District must consult with representatives of the nonpublic schools and parents of parentally placed students to determine an accurate count of students with disabilities attending such schools and receiving special education services.

    These requirements only pertain to students with disabilities parentally placed in elementary and secondary nonpublic schools, not to parental placements of preschool children with disabilities in private day care or preschool programs, or to CSE placements of students with disabilities in approved private schools, Special Act School Districts, State-supported or State-operated schools; or to Charter schools.

    Provision of Special Education Services for Child under Age Seven

    It is the responsibility of the CSE to provide special education services to a child with a disability under the age of seven who is eligible for school-age services, not subject to compulsory attendance requirements and not on a regular school attendance register. These are children with disabilities who are eligible for school-age special education services that are no longer eligible for preschool special education services, but are not parentally placed in a nonpublic elementary school and not being home schooled.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446 Section 612 Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300 Education Law Sections 3240-3242, 3602-c(2)-(a), 4401-a, 4402(1)(a), 4404, 4405 and 4410-6 8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(a) and 200.4 and 200.6(m)(3)

  • Last Reviewed Date: 2/25/2020

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 4/4/06; 3/6/07; 4/1/08; 10/6/09; 04/01/2014; 4/26/16; 2/25/2020

    The Board of Education recognizes the rights of the parent/guardian to be fully informed of all information relevant to the identification, or change in identification, evaluation and educational placement of a child with a disability.

    All due process procedures for parents/guardians and children in the Commissioner's Regulations shall be observed by the District.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) Section 614(a) Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq. 34 CFR Part 300 Education Law Sections 207, 3212, 4005, 4202, 4401 and 4402 8 NYCRR Sections 200.1, 200.4(b)(6), and 200.5 Refer also to Policy #7260 -- Designation of Person in Parental Relation

  • Last Reviewed Date: 12/15/2020

    Adoption Date: 02/23/1999

    Revision History: 6/20/2000; 4/26/16; 12/15/20

    In accordance with the Individuals With Disabilities Education Act (IDEA), as well as Part 200 of the Regulations of the Commissioner of Education, a procedural safeguards notice must be provided to parents, as required by Section 1410(d)(1) of IDEA, upon:

    1. Initial referral for evaluation for the provision of special education services;
    2. Each notice of an individualized education program (IEP) meeting;
    3. Reevaluation of the child;
    4. Registration of a request for a due process proceeding (mediation or an impartial hearing);
    5. When a decision is made to suspend or remove the child for discipline reasons that would result in a disciplinary change in placement.

    In addition to this procedural safeguards notice, the parents will also receive:

    1. Prior notices; and
    2. Notices of meetings.

    Prior Notice

    Prior notice is written notice that is given to the parents a reasonable time before the District proposes to or refuses to start or change the identification, evaluation, or educational placement or the provision of a free appropriate education to the child.

    Notice of Meetings

    Whenever the Committee proposes to conduct a meeting to develop or review the child's IEP or to discuss the provision of a free appropriate public education to the child, the parents must receive a meeting notice.

    Policy References:

    Individuals With Disabilities Education Act (IDEA) United States Code (USC) Sections 1400-1485 Educational Law Sections 4401-4407 8 New York Code of Rules and Regulations (NYCRR) Part 200

  • Last Reviewed Date: 12/15/2020

    Adoption Date: 12/18/2007

    Revision History: 4/26/16; 12/15/20

    The Board of Education recognizes that, despite the District’s best efforts, there may be times when there might be a disproportionate representation of racial and ethnic groups in its special education programs and services and/or with respect to the suspension of students with disabilities. To minimize the risk of such an occurrence, the Board has adopted policies, practices, and procedures for the District that are consistent with the IDEA, Article 89 of New York’s Education Law, and each statute’s implementing regulations.

    Nonetheless, upon learning of a significant disproportionality either in the suspension, identification, classification and/or placement of the District’s students with disabilities, the Board will immediately review the District’s policies, practices, and procedures to determine whether they are fully compliant with the requirements of the IDEA and Article 89, or require revisions. If changes are needed, the Board will take immediate steps to adopt and implement any and all necessary revisions.

    The Board will inform the public of any revisions to the District’s policies, practices, and procedures undertaken as a result of a finding of significant disproportionality. The Superintendent of Schools will notify school personnel responsible for implementing the revisions.

    Policy References:

    Individuals with Disabilities Education Act, §§1412(a)(24); 1418(d) 34 CFR §§300.173; 300.646 8 NYCRR §§200.2(b)(15)

  • Last Reviewed Date: 2/23/2021

    Adoption Date: 12/15/1987

    Revision History: 7/19/1994; 5/22/97; 7/29/97; 6/20/00; 1/20/04; 4/4/06;12/4/07; 4/1/08; 4/26/16; 2/23/21

    Due Process Complaints

    The Brockport Central School District is committed to the amicable resolution of disputes regarding educational programs for students with disabilities. In the event such disputes cannot otherwise be resolved, either a parent/legal guardian or the District may file a due process complaint challenging the identification, evaluation or educational placement of a student with a disability, or a student suspected of having a disability, or the provision of a free appropriate public education to such student. The complainant will not have an impartial due process hearing until the complainant, or the attorney representing the complainant, files a due process complaint notice that meets the requirements set forth in law for such notice.

    Except as otherwise provided by law, all requests for impartial due process hearings must be submitted within two (2) years of the date the student’s parent/legal guardian or the District knew or should have known about the alleged action forming the basis of the complaint. Upon receipt or filing of the due process complaint notice, the District will provide a procedural safeguard notice to the student’s parent/legal guardian. The District will also inform the student’s parent/legal guardian in writing of the availability of mediation and of any free or low-cost legal and other relevant services available in the area.

    An impartial due process hearing will be conducted at a time and location reasonable and convenient to the parent/legal guardian and student involved. The hearing will be closed to the public unless the parent/legal guardian requests otherwise.

    A student whose education is the subject of a due process complaint will remain in the current placement during the pendency of the impartial due process hearing unless both parties agree or as otherwise permitted by law.

    All issues relating to a request for and conduct of an impartial due process hearing must be kept confidential by all District staff.

    Resolution Process

    Prior to the opportunity for an impartial due process hearing, the District will convene a meeting with the student’s parent/legal guardian and the member(s) of the committee on special education or committee on preschool special education who have specific knowledge of the facts identified in the complaint. Such meeting will provide the parent/legal guardian with an opportunity to discuss the complaint and the facts that form the basis of the complaint, and an opportunity to resolve the complaint with the District. The District will take steps to ensure that the student’s parent/legal guardian is present at the resolution meeting, and will provide reasonable prior notice of the meeting to the parent(s)/legal guardian(s) . The resolution meeting will be at a mutually agreed upon time and place, and in a location that is physically accessible to the parent/legal guardian. The District will ensure that all resolution meetings conform to the requirements set forth in the Regulations of the Commissioner of Education.

    The parent(s)/legal guardian(s) and the District may agree, in writing, to waive the resolution process or agree to use the mediation process to resolve the dispute.

    Selection and Board Appointment of Impartial Hearing Officers

    In the event a due process complaint notice is filed pursuant to the Individuals with Disabilities in Education Act (IDEA), the Board of Education will arrange for an impartial due process hearing to be conducted. In such instances, the Board will immediately-but not later than two (2) business days after receipt of the due process complaint notice or mailing of the due process complaint notice to the parent/legal guardian-initiate the process to select an impartial hearing officer (IHO) through a rotational selection process. To expedite this process, the Board may designate one (1) or more of its members to appoint the IHO on its behalf.

    The District will utilize the New York State Education Department's Impartial Hearing Reporting System to access the alphabetical list of the names of each IHO certified in New York State and available to serve in the District. The appointment of an IHO will be made only from such list and in accordance with the alphabetical rotation selection process and the timelines and procedures established by the Commissioner of Education. The District will record and report to the State Education Department required information relating to the selection of IHOs and the conduct of impartial due process hearings according to the manner and schedule specified by the Department.

    The District will be responsible for compensating the IHO for prehearing, hearing and post-hearing activities at the rate agreed upon at the time of the IHO's appointment. The District will also reimburse the IHO for certain travel and other hearing-related expenses (e.g., duplication and telephone costs) pursuant to an annually determined schedule.

    Policy References:

    Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300 Education Law Sections 4005, 4202, 4404(1) and 4410(7) 8 New York Code of Rules and Regulations (NYCRR) Sections 200.1, 200.2, 200.5, 200.16, 200.21 and 201.11

  • Last Reviewed Date: 2/23/2021

    Adoption Date: 07/19/1994

    Revision History: 6/20/2000; 02/01/11; 4/26/16; 2/23/21

    Parents/legal guardians of children with disabilities have the right under federal and state regulations to obtain an independent educational evaluation (IEE) at public expense under certain conditions. Regulatory standards are outlined in New York State Regulations of the Commissioner of Education. Additionally, federal regulations specify requirements for an independent evaluation.

    A parent/legal guardian is entitled to only one IEE at public expense each time the Brockport Central School District conducts an evaluation with which the parent/legal guardian disagrees.

    Policy References:

    8 New York Code of Rules and Regulations (NYCRR) Sections 200.1(z) and 200.5(g) 34 Code of Federal Regulations (CFR) Sections 300.12 and 300.502

  • Last Reviewed Date: 2/23/2021

    Adoption Date: 06/20/2000

    Revision History: 1/20/2004; 4/4/06; 4/26/16; 2/23/21

    The Brockport Central School District will offer mediation to resolve disputes involving any matter for which an impartial due process hearing may be brought, including matters arising prior to the filing of a request for an impartial hearing.

    Such mediation shall be conducted by mediators furnished by a Community Dispute Resolution Center who are not employees of a state educational agency providing direct services to the student who is the subject of the mediation process or a school district or program serving students with disabilities. Mediators may not have a personal or professional interest which would conflict with their objectivity in the mediation process and should be knowledgeable in laws and regulations relating to the provision of special education services.

    Parents/legal guardians of students suspected of or having disabilities will receive written notice of the availability of the mediation program each time they receive notice of their entitlement to the impartial hearing procedures in accordance with federal and state law and regulations. If the parent/legal guardian and District agree, alternative means of meeting participation may be utilized, such as video conferences and conference calls.

    To the maximum extent permitted by law, discussions during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceedings. The parties may be required to sign a confidentiality pledge prior to the commencement of the process.

    If resolution to the complaint is reached through mediation, the parent/legal guardian and the representative of the District who has the authority to bind the District will execute a written agreement specifying the resolution and stating that all discussions occurring during the mediation process are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. If the written agreement is inconsistent with the student's current IEP, the IEP must be amended to reflect the mediation agreement.

    The mediation process is voluntary and will not operate to diminish or limit any rights provided for in law, including the right of a parent/legal guardian to request an impartial hearing subsequent to mediation. Parent/legal guardians of  students suspected of or having disabilities continue to have full access to all rights, including due process procedures, provided for in federal and state laws and regulations. Similarly, mediation shall not be construed to limit a parent or person in parental relation from requesting an impartial hearing without having first utilized mediation procedures set forth in Education Law.

    Policy References:

    Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) Section 614(a) Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300 Education Law Sections 4005, 4202 and 4404-a Judiciary Law Section 849a 8 New York Code of Rules and Regulations (NYCRR)Sections 200.1 and 200.5