District Policies

0000 District Goals and Objectives

0000 Introduction
Adoption Date: 2/21/2007

This section contains statements and documents that represent the Goals and Objectives of the District. Under the leadership of the Superintendent and Board of Education, each was developed with a broad base constituent effort. Although not strictly policy, and not subject to the policy revision process, they serve as the guiding principles for all District activity and operations.

0010 District Mission and Vision Statements
Adoption Date: 2/28/1991, Revised: 4/10/2014

DISTRICT MISSION STATEMENT

We demonstrate our commitment to the whole child by
-providing rigorous opportunities in academics, the arts, and athletics;
-supporting the social, emotional, and developmental needs of all students;
-maintaining a focus on character development; and
-Engaging families and our community

DISTRICT VISION STATEMENT

The Canandaigua City School District will lead and inspire a community of learners to fulfill their academic and creative potential.

0020 A Philosophy of Education for Canandaigua
Adoption Date: 2/28/1991, Revised: 11/21/2008

On July 9, 1964, the Board of Education of the Canandaigua School District adopted a “Statement of Philosophy of Education.” With very little modification, that statement continues to offer insight into the roles of various stakeholders in creating a truly successful system of public education, and provides guidance and direction for achieving the mission and vision of the Canandaigua City School District. The original document is on file in the District Administrative Office. Significant changes made in 2007 and 2008 are noted with an asterisk.

A Philosophy of Education for Canandaigua

The Board of Education of the Canandaigua City School District believes that the goals of education are to:
  • Instill a desire to learn.
  • Teach and inspire thinking, comprehension, and logical reasoning.
  • Move towards educational and vocational goals.
  • Help all students achieve personal learning potential.
  • Develop in all students the ability to communicate effectively through competence in oral and written expression.
  • Develop strong skills in reading and comprehension.
  • Encourage an appreciation of our national heritage and democratic way of life; and promote world understanding through the recognition of the rights and beliefs of others.
  • Stimulate creativity, initiative, and originality.
  • Develop personal independence and achievement.*
  • Develop sound and effective work and study habits.
  • Promote lifelong physical fitness, mental fitness and proper health habits.
  • Develop problem solving and decision making skills.
  • Develop an understanding of self and inter-personal relationships.
  • Develop an appreciation and understanding of the fine arts.
  • Assist the home and community in developing respect, responsibility, honesty, caring, and healthful lifestyles in each student.*
We believe that the responsibilities of the community are to:
  • Support the schools by recognizing the value of education to the community as well as to the student.
  • Maintain through its elective powers a vigorous and dedicated Board of Education.
  • Take an active interest in furthering good education by keeping informed of the needs, problems, and decisions connected with the operation of the schools, by attending public meetings on school matters and by expressing its opinions to Board members.
  • Exercise its rights and duties by voting on school issues.
  • Instill in its children the attitudes which show respect for adult authority and the rights and beliefs of others.
  • Do its share in providing the necessary financial support to accomplish the Plan for Excellence Management Plan.*
We believe that the responsibilities of the Board of Education are to:
  • Ensure that the schools are operated within the framework of the State Education Law.
  • Determine the District Commencement Outcomes and provide the necessary policies and administrative staff to reach these goals.*
  • Support an educational program sensitive and flexible enough to provide for all levels of ability, interesting and imaginative enough for the most curious and creative, rich and full enough for the most able and energetic, and stimulating enough to encourage the disinterested.
  • Provide the personnel, buildings, equipment, books and instructional materials necessary to carry out the program.
  • Provide the community with leadership in matters of education.*
  • Take actions and make decisions on behalf of the people it represents and to keep them informed of its actions.
  • Maintain a salary program that will attract and retain outstanding people and create an atmosphere in which all employees will have a feeling of mutual trust and loyalty.
  • Encourage the growth of professional people through graduate courses, in-service programs and educational conferences.
  • Keep informed of and plan for the future educational needs of the district.
  • Control operating costs by the curtailment of expenditures not affecting the quality of the educational program.
We believe that the responsibilities of the administration are to:
  • Operate in accordance with the policies adopted by the Board of Education.
  • Provide leadership and supervision necessary for the effective and efficient operation of the school system.
  • Engage professional staff members who are highly competent and dedicated, who are concerned for human and social affairs and who are eager to venture into more effective programs of education.
  • Promote research, coordination, development and evaluation of the curriculum so that the program of studies and instructional methods will be adopted to the needs of a changing world.
  • Create a climate favorable to leadership, stimulation and encouragement of the professional staff, service staff, students and community.
We believe that the responsibilities of the teachers are to:
  • Impart skillfully the subject matter of his/her particular grade level or subject and to work conscientiously to the end that each student’s growth shall be commensurate with his/her ability.
  • Establish with each student a relationship that recognizes honest effort, appreciates unique contribution, provides opportunities for success and values individuality.
  • Challenge and stimulate each student to develop his/her potential.
  • Attend thoughtfully to the mental, physical and emotional well being of the students in his/her care.
  • Inspire, by precept and example, the acceptance of high moral and intellectual standards.
  • Be professional in loyalty and in practice.
  • Continue personal growth through study, experimentation and research.
We believe that the responsibilities of the students are to:
  • Be aware of education as an increasingly important key to understanding, satisfaction and success.
  • Understand that learning requires effort and accept personal responsibility.
  • Show respect for teachers, staff, and other students and school property.
  • Realize that both self-discipline and imposed disciplines are essential to achievement and can be accomplished without sacrifice of individuality.

0030 Program and Commencement Outcomes
Adoption Date: 2/11/1993, Revised: 3/12/1998; Revised 8/29/02; 4/5/2012

The Canandaigua City School District is committed to maximizing the educational success and the character development of all students to prepare them to become productive, contributing citizens.

Our program and commencement outcomes embody a progression of skills and learnings that represent what we want each student to know, to be like and to do as they prepare to be life-long learners. It is from these outcomes that our staff creates the instructional and character education programs that align with our district’s mission, vision and beliefs.

These outcomes were first developed in 1995 – 1996 by a large stakeholder group; as part of our Plan for Excellence they were re- evaluated in 2001 and again beginning in 2010 to ensure they represent what each of our students need to be successful in a global society. This review and update to the original “Commencement Outcomes” included a significant change in perspective. Namely, the importance of having these outcomes as a part of guidance provided to every teacher at every level of instruction across our curricular offerings, in addition to the expectations these outcomes provide for our graduating seniors. Stakeholders representing parents, students, faculty/staff, administration and the Board of Education and other community members were provided an opportunity to have input during this process. The guiding “group” was our Committee for Instructional Excellence. We are grateful the input and guidance shared by this representative group from our school district.

1. Intellectual Development

Students demonstrate a developing intellect, having explored a broad range of offerings and acquired mastery of essential content, concepts and skills.

Success is demonstrated by:

  • proficiency in reading, writing and mathematics and knowledge and understanding of social studies and the sciences
  • aesthetic appreciation
  • integration of learnings
  • development of thinking skills including problem solving, reasoning, critical thinking and expression of creativity
  • pursue knowledge through research and experimentation
  • understanding the attributes and skills necessary to be independent members of society

2. Communication

Students communicate effectively by interpreting and sharing information, ideas and feelings appropriately in a given context.

Success is demonstrated by the ability to:
  • apply personal and interpersonal skills and standards
  • convey information, ideas and feelings to various audiences using written, oral and artistic expression
  • receive, understand, process and interpret information, ideas and feelings
  • use knowledge, thinking skills and communication skills in career and personal situations

3. Ethical and Effective Use of Technology

Students will be active, creative, knowledgeable and ethical participants in our globally networked society.

Success is demonstrated by the ability to:

  • use technology as a tool to research, organize, evaluate and communicate information
  • use digital technologies, communication/networking tools and social networks appropriately to access, manage, integrate, evaluate and create information to successfully function in a knowledge economy
  • apply a fundamental understanding of the ethical/legal issues surrounding the access and use of information technologies

(from 21st Century Learning Skills Site and “Transforming American Education: Learning Powered by Technology”)

4. Interpersonal Skills

Students employ the necessary skills to function effectively both independently and within a group.

Success is demonstrated by the ability to:

  • participate in the establishment and practice of team values and procedures
  • use problem solving strategies
  • set realistic priorities and goals to monitor and evaluate progress
  • respect for individual differences, opinions and styles
  • manage time and resources
  • understand consequences and assume responsibility for own actions
  • recognize, understand and cope with change
  • respond appropriately to feedback
  • apply self discipline and focus to their work

5. Personal Standards

Students demonstrate positive personal character traits, including respect, responsibility, caring, honesty and healthful lifestyles.

Success is demonstrated by:

  • respect in word and action for themselves and others, for the rights and property of others, and for the laws and rules under which we live
  • taking responsibility for their own actions, understanding and meeting expectations, and acting responsibly
  • caring, kindness and self-discipline in respect to yourself and others
  • honesty and integrity, telling, seeking, and representing truth
  • healthful lifestyles including physical, mental and emotional well-being
  • assess personal strengths and weaknesses through reflection

6. Social Responsibility

Students demonstrate a personal and ethical responsibility to family and to community.

Success is demonstrated by:

  • being a respectful steward of our environment by understanding personal and societal impact
  • development beyond self-interest to that of the larger community through local, national and global citizenship
  • willingness to give one’s time, talents and resources for the well being of society
  • respecting diversity by understanding and accepting differences in others
  • understanding and perpetuating democratic principles and civic responsibility

0040 Meeting the Challenge - The 2003-2008 Plan for Excellence
Adoption Date: 6/19/2003, Revised: 11/21/2008

Meeting the Challenge
The 2003-2008 Plan for Excellence

The District's updated Plan for Excellence is entitled "Meeting the Challenge". This strategic plan lays the foundation for formulation of data-based action plans and their implementation over the 2003-2008 time frame. The plan was devised by the Superintendent of Schools in coordination with the Board of Education and other school officials, and includes significant levels of input from various stakeholders and many residents of the Canandaigua community.

Meeting the Challenge is a flexible strategic framework for continuous improvement in five key result areas: Instruction, Character Education, Organizational Development, Facilities, and Partnerships.

Within each key result area are initiatives with defined and measurable outcomes to be achieved:

Instruction

  • Improve the curriculum design process.
    Outcome: Curriculum is redesigned through a mapping process including key strands reflective of our character and diversity initiatives.
  • Ensure systematic continuous improvement in student achievement.
    Outcome: Documented data-based improvement initiatives result in higher levels of student achievement for all students.
  • Maximize the efficiency and effectiveness of instructional time. Outcome: School day and year issues will be examined and instructional time enhanced in each building.
  • Ensure the effectiveness of technology in achieving instructional goals.
    Outcome: Technology is utilized to achieve instructional outcomes.
  • Enhance program interventions to allow students to be successful in the regular education setting.
    Outcome: The percentage of students receiving all or part of their education program in the regular education setting will increase.
  • Create a system for early identification and support for students in danger of not graduating as a function of failure to meet NYS academic standards.
    Outcome: Intervention will be devised at the high school level in all core areas to minimize the number of students who fail to graduate for academic reasons.
  • Provide a systematic, comprehensive enrichment program.
    Outcome: A formal program of enrichment will be in place to meet the needs of our students.
  • Fully implement and evaluate the International Baccalaureate Programme.
    Outcome: A fully developed IB Programme will be in place for all students who wish to participate and a systematic evaluation model will be in place.
  • Expand the Pre-K Program to meet community requests.
    Outcome: The District will be able to provide Pre-K program to all parents who desire it for their children.
  • Improve student performance on ELA with special emphasis on students with disabilities.Outcome: Students with disabilities will meet and exceed state standards.
  • Create a systematic, comprehensive transition system for students with disabilities moving from school to adult life.
  • Outcome: Students with disabilities age 19-21 in school programs and their parents will be highly satisfied with the transition experience.
  • Create world citizens by expanding the study of world languages and cultures.
    Outcome: An integrated program in world languages will be developed Pre-K - 12.
  • Improve student performance on ELA and math for all students with special emphasis on students with disabilities. *
  • Middle School Library will become an integral part of our instructional plan. *

Character Education

  • Support character education in the school and community.
    Outcome: Character Education will continue to grow, becoming part of the fundamental culture of our school and community.
  • Provide a social skills initiative at the Middle School.
    Outcome: Middle School students behavior will be increasingly reflective of the district character traits.
  • Expand the Responsive Classroom program.
    Outcome: All students will have the opportunity to participate in the Responsive Classroom environment throughout their Primary/Elementary school experience.
  • Reduce high risk behavior by students.
    Outcome: Drug use, alcohol use and other high risk behavior will continue to decrease.
  • Create and implement programs for disenfranchised youth. Outcome: All Canandaigua students in need will be served by appropriate programming.
  • Students will be included in more decisions that affect them (ie., character assemblies, electronic devices in school, wellness activities). *
  • Implement district Wellness Policy. *

Organizational Development

  • Maximize cost efficiency.
    Outcome: The District will have lower benchmark costs without degradation of customer satisfaction.
  • Evaluate and consider redesign of the Middle School program.
    Outcome: The Middle School design will be reflective of widespread stakeholder input, research, and best practices.
  • Create a food service program that is nutritionally sound, profitable, and enjoys widespread participation.
    Outcome: Food Service will meet nutritional benchmarks and will be self-sufficient with growing participation.
  • Systematically analyze all school business practices to ensure fraud prevention and the highest rate of return for our taxpayers. Outcome: School business practices will be above reproach, efficient and user friendly.
  • Improve communications with the community. *
  • Develop and refine systemic components of Human Resources Dept.
  • Develop and implement clear chain of communications and authority.
  • Review and revise hiring process for all District positions. *
  • Establish and reinforce the pride and esprit de corps within the support services of the District. *
  • Maximize the use of technology in the Business Office and support services to help increase efficiency and effectiveness. *

Facilities

  • Develop and implement a comprehensive plan for playfields and grounds.
    Outcome: District grounds and playfields will be attractive and meet the needs of our school and community.
  • Improve the District transportation facility.
    Outcome: The transportation facility will be safe and efficient, and will support excellence in school transportation.
  • Develop plan for use of EXCEL funding from state resources. *

Partnerships

  • Celebrate teaching as a profession.
    Outcome: The District will embrace a Code of Ethics and continue to study ways to professionalize and celebrate teaching and school administration.
  • Maximize parents as partners.
    Outcome: The District will meet all standards of the National Family Involvement Institute.
  • Promote partnerships with area business/industry, higher education, and local agencies.
    Outcome: The District will be an active partner with the
    Infotonics Center of Excellence, Thompson Health Systems, Finger Lakes Community College, area 4-year schools and colleges, and local agencies.
  • Encourage and support a community “Reads” Program. *

* Items were added to the revisited Plan for Excellence 2003 – 2009.

0050 Character Education
Adoption Date: 3/6/2007, Revised: 12/16/2008

Character Education is fundamental to the mission of the Canandaigua City School District. In 1995-96, in response to an initiative in the Plan for Excellence, a broad-based stakeholder committee proposed five character traits that the District would seek to develop in our youth:

  • Respect
  • Responsibility
  • Honesty
  • Caring
  • Healthful Life Styles

Those five character traits have been embraced by the Board of Education, the District administration and staff, parents, students and the community. The District subscribes to the belief that character education is not a program, it is a commitment. It is a way of life that must be incorporated into the culture of the District and practiced in all that we do.

Leadership for Character Education has been shared by the District Character Education Committee, building-based character committees and the Community Character Coalition. Many activities based on the character traits have been incorporated into the core of instruction and classroom activity. Typically each year, the District will emphasize key character traits and plan programs, events, and other activities targeted to students, staff, and the community.

Listed here are some of the many character initiatives that have been implemented:

  • Anti-Bullying Campaign
  • Anti-Drug and Alcohol Use Campaigns
  • Cafeteria Helpers
  • Canandaigua Character/Partnership Agreement
  • Canandaigua Reads!
  • Character Conference
  • Character in a Digital World
  • Emphasis on Decreasing Use of Inappropriate Language
  • Focus on Manners
  • Lakeshore Boulevard Character Banners
  • Lunch Buddies
  • Native American Local Partnership
  • Natural Helpers
  • Parent Involvement
  • Peer Mediation
  • Phoenix Program
  • Reconnecting Youth Program
  • Red Ribbon Week
  • Responsive Classroom
  • Service Learning Outcomes at grades 2, 5, 7 and 12
  • Standards of Personal and Professional Behavior
  • Wellness Initiatives

We believe that character counts and, as a result, our students are better citizens and better people in school and beyond. This is evidenced by the behavior and demeanor of our students in school, on school buses, and at school events. State and national awards have recognized the outstanding character and behavior of our students. Our schools and our community are happier, healthier and safer environments because character is recognized and nurtured in all aspects of District activity.

0060 Canandaigua Character Partnership Agreement
Adoption Date: 7/10/2007

Canandaigua Character Partnership Agreement

In entering a partnership to develop the character of our youth we recognize five character traits as fundamental. These traits are: respect, responsibility, caring, honesty and healthful lifestyles. We recognize that there are other character traits to which we may also aspire, but accept these five traits as the foundation of our partnership. As partners in the development of the character of our youth, we promise to promote these character traits in our interactions with others and accept the responsibility of modeling behavior which reflects these traits.

Respect We expect the youth we serve to show in word and action respect toward themselves and others, to respect property and the laws and rules under which we live. We promise to treat them with respect in word and action and to show respect for other adults and property and further, to respect the laws and rules under which we live.

Responsibility We expect the youth we serve to act responsibly, to take responsibility for their own actions, to understand what is expected of them as members of our organization and to meet those expectations. We promise to act responsibly toward them, with them and in their names. We understand the expectations that membership in our organization makes of us as adults and we will meet those expectations.

Caring We expect the youth we serve to care, to demonstrate they care for themselves and others, and about the community and world in which we live. We expect them to be kind. We promise to demonstrate caring in our actions toward others, especially the youth we serve. We recognize that our service to youth is about caring.

Honesty We expect the youth of our organization to act with honesty, to tell the truth and to seek the truth, to grow in their personal development, to become adults of integrity. We promise to treat them with honesty, to operate our organization in an honest manner and to demand honesty and fairness from each other.

Healthful Lifestyles We expect the youth with whom we work to engage in activities leading to healthful lifestyles, to avoid drugs including alcohol, tobacco and illicit drugs. We promise to promote healthful lifestyles to the youth we serve, to refrain from any alcohol or tobacco use while directly involved with youth as a member of our organization and to abstain from any illegal use of substances.

In proclaiming ourselves partners in the development of the character of our youth, we will meet our expectations, keep our promises, and continually focus on the development of our youth.

1000 By-Laws

1100 Organization of the Board of Education

1000 Standards of Ethical Behavior for School Board Members
Adoption Date: 2/2/2006, Revised: 1/8/2009

Members of the Canandaigua City School District Board of Education shall strive to improve public education in the following ways:

  • Model the standards of personal and professional behavior adopted by the Board of Education;
  • Attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
  • Endeavor to make policy decisions only after full discussion at publicly held Board meetings;
  • Render all decisions based upon the available facts and independent judgment and refuse to surrender that judgment to individuals or special interest groups;
  • Recognize that a Board member has no legal authority as an individual and that decisions can be made only by a majority vote at a Board meeting;
  • Abide by majority decisions of the Board, while retaining the right to see change in such decisions through ethical and constructive channels;
  • Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and all elements of the education community;
  • Work with other Board members to establish effective Board policies and to delegate authority for the administration of the schools to the Superintendent;
  • Communicate to other Board members and the Superintendent expression of public reaction to Board policies and school programs;
  • Stay informed regarding current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the local, state, and national school board associations;
  • Support the employment of those persons best qualified to serve as school staff, and ensure a regular and impartial evaluation of all staff;
  • Disclose to the full Board any known conflict of interest;
  • Take no private action that will compromise the Board or administration;
  • Respect the confidentiality of information that is privileged under applicable law;
  • Act as a steward of District resources; and
  • Remember always that a Board member’s first and greatest concern must be the educational welfare of the students attending the public schools.

Members of the Board of Education shall strive to uphold the following statements taken from the New York State School Boards Association Code of Conduct.

Consistent with our dedication to children, learning, and community, we recognize:

  • That a Code of Conduct promotes public confidence in the schools and advances the attainment of District goals;
  • That we have been selected by our fellow citizens and entrusted with the authority and obligation to strive to provide all students of our communities and state with equal opportunity for educational excellence;
  • That the future welfare of our communities, local school district and BOCES, state and nation depend in large measure upon the quality of education we provide in the public schools to fit the need of every learner;
  • That legally the authority of the Boards of Education is derived from the state which ultimately sets the parameters in which school Board service is conducted;
  • That we must never neglect our personal obligations to our communities and our legal obligations to the state, nor surrender these responsibilities to any other person, group or organization; but that, beyond these, we have a moral and civic obligation to the nation which can remain strong and free only so long as public schools in the United States of America are kept free and strong.

1010 Joint Code of Conduct for School Boards and Superintendents
Adoption Date: 1/8/2009

The success of every school system depends on the effective working relationship between the School Board and the Superintendent. This emphasizes the most important goals and obligations of that relationship.

ASSURE the opportunity for high quality education for every student and make the wellbeing of students the fundamental principle in all decisions and actions.

HONOR all national, state and local laws and regulations pertaining to education and public agencies.

REPRESENT the entire community without fear or favor, while not using these positions for personal gain and accepting all responsibilities as a means of unselfish service.

UPHOLD the principles of due process and individual dignity, and protect the civil and human rights of all.

ADHERE to the principle that the Board shall confine its role to policymaking, planning, and appraisal while the Superintendent shall implement the board’s policies.

ACT as part of an educational team with mutual respect, civility, and regard for each other’s respective responsibilities and duties, recognizing that the strength of a school board is in acting as a Board, not as individuals; and that the strength of the Superintendent is in being the educational leader of the school District.

PRACTICE and PROMOTE ethical behavior in the boardroom and in the classroom.

MAINTAIN high standards and the effectiveness of education through research and continuing professional development.

CONSIDER and DECIDE all issues fairly and without bias.

INSTILL respect for community, state, and nation.

PROTECT the spirit and letter of all contracts until fulfillment or modification by mutual agreement.

INSPIRE and NURTURE the highest bond of ethics and integrity.

This Joint Code of Conduct was developed cooperatively by the New York State Council of School Superintendents and the New York State School Boards Association and was adopted by their respective governing bodies in spring 1983 and amended in 1994.

1110 School District and Board of Education Legal Status
Adoption Date: 12/10/1998

The Constitution of New York State, as amended on 1894, instructs the Legislature to provide for a system of free common schools wherein all children of the state may be educated.

The Legislature of the State has implemented this constitutional mandate through the creation of School Districts of various types. The Canandaigua City School Districts is governed by the laws set forth for School Districts in Articles 35 and 37 of the Education Law, and by-laws relating to, or affecting, City Districts as set forth in Article 51 of the Education Law.

The School District constitutes a corporate entity which possesses all the usual powers of a corporation for public purposes, and in that name may sue and be sued, purchase, hold and sell personal property and real estate, and enter into such obligations as are authorized by law.

The Constitution of the State of New York places the responsibility for public education on the State Legislature, and directs the establishment of a State Department of Education for general supervision over the schools and headed by a Commissioner of Education. The New York State Constitution further provides that local public schools under the general supervision of the State Education Department shall be maintained, developed and operated by locally elected boards. Legally, then, local boards are instruments of the New York State Constitution, the New York Statutes and the regulations of the State Education Department and its Commissioner.

New York State Constitution
Education Law Section 1526
Education Law Articles 35, 27 and 51

1120 Board of Education Authority
Adoption Date: 12/10/1998

As a body created under the Education Law of New York State, the Board of Education of the Canandaigua City School Districts has full authority, within the limitations of federal and state laws and the Regulations of the Commissioner of Education and interpretations of them, to carry out the will of the people of its District in matters of education.

In all cases where laws or regulations of the State Commissioner of Education do not provide, permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraising educational matters and activities.

Board members have no authority over school affairs as individuals. They have authority only when acting as a corporate body duly called in session.

Education Law Section 1526

1130 Numbers of Members and Terms of Office
Adoption Date: 12/10/1998, Revised: 2/12/2009

a.The Board of Education of the Canandaigua City School District shall consist of nine (9) members elected by the qualified voters of the School District at the annual election as prescribed by law.

b.Candidates for the office of member of the Board of Education shall be nominated by petition. Such petition shall be directed to the Board and signed by at least 100 persons qualified to vote at school elections of the District. Such petition shall state the residence of each signer, and shall state the name and residence of the candidate

c.Petitions nominating candidates for the office of member of the Board of Education must be filed with the Clerk of the District not later than the twentieth day preceding the election at which time the candidates so nominated are to be elected. The Clerk shall refuse to accept petitions signed by an insufficient number of qualified voters or petitions which are not timely.

d.Provision shall be made for the election by “write-in-vote” of any candidate not previously nominated.

e.The hours of voting shall be as indicated by Board resolution.

f.At least ten days prior to the election, the Board shall appoint at least two inspectors of election, and set their salary.

g.The position of candidates on ballots shall be determined by lot at a drawing conducted by the District Clerk on the day after the deadline for filing of petitions. Candidates or their proxies may be present for the drawing.

h.The Clerk of the Board or designee shall attend the election and record the name and legal residence of each elector.

i.Only qualified voters as determined by Education Law (Section 2012) may vote at any District meeting or election.

j.It shall be the duty of each member of the Board of Education to attend all meetings of the Board and, if any member shall refuse to attend three consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board may proceed to declare that office vacant.

k.In the event of death, resignation, refusal to serve, or any disqualification of a Board member, the Board at its next regular meeting or any subsequent meeting may appoint a new member by consent of a majority of all members and the person appointed shall take office immediately upon filing the official oath of office with the District Clerk. Any such vacancy filled by the Board shall be only for a term ending with the next regular School District election

l.Members of the Board of Education shall serve for five (5) years beginning July 1 following their election and each term shall expire on the thirtieth day of June of the fifth year.

Education Law Sections 1709(17), 2502(6) and 2608

1131 Student Delegate
Adoption Date: 12/10/1998, Revised: 11/19/2009; Non-Substantive 1/8/09; 11/30/09

The Board of Education authorizes the seating of a student delegate to all open meetings of the Board of Education. The student delegate will give a brief report at each meeting to update the Board on student activities and events. When appropriate, the student delegate may be asked by the Board of Education President or Superintendent to express the views of the Academy Student Government on matters before the Board. An alternate delegate will be named and will attend Board meetings if the regular student delegate is unable to attend. The delegate and alternate will be chosen by the Academy Student Government and approved by the Academy Principal. The delegate/alternate shall serve for one academic year and must be in good standing.

1200 Nomination & Election of BOE Members

1210 Board of Education Members: Qualifications
Adoption Date: 12/10/1998, Revised: ; 01/09/2004 Non-Substantive Revision, 05/25/2004 Non-Substantive Revision

A Board of Education member of the Canandaigua City School District must meet the following qualifications:

a)A citizen of the United States;

b)Eighteen (18) years of age or older;

c)Able to read and write;

d)A legal resident of the District for a continuous and uninterrupted period of at least one (1) year prior to the election;

e)Cannot be an employee of the Canandaigua City School District;

f)The only member of his/her family (that is, cannot be a member of the same household) on the Canandaigua City School District Board;

g)May not simultaneously hold another, incompatible public office;

h)Must not have been removed from a school district office within one (1) year preceding the date of appointment or election to the Board.

Education Law Sections 2102, 2103, 2103-a and 2502(7)
Public Officers Law Section 3

1220 Absentee Ballots
Adoption Date: 12/10/1998, Revised: 3/3/2005; Non Substantive 1/26/09

The Board of Education authorizes the District Clerk to provide absentee ballots to qualified District voters. Absentee ballots shall be used for the election of School Board members and the adoption of the annual budget and all other public referenda.

A District voter must request in advance an application for an absentee ballot. The voter must complete the application and state the reason he/she will not be able to appear in person on the day of the District election/vote for which the absentee ballot is requested. The application must be received by the District Clerk or Board designee at least seven (7) days before the election/vote if the ballot is to be mailed to the voter, or the day before the election/vote if the ballot is to be delivered personally to the voter.

Pursuant to the provisions of Education Law, a qualified District voter is eligible to vote by absentee ballot if he/she is unable to appear to vote in person on the day of the School District election/vote because:

  • a) He/she is or will be a patient in a hospital, or is unable to appear personally at the polling place on the day of the election/vote because of illness or physical disability;
  • b) He/she has duties, occupation or business responsibilities, or studies which require being outside of the county or city of residence on the day of the School District election/vote;
  • c) He/she will be on vacation outside of the county or city of residence on the day of such District election/vote;
  • d) He/she will be absent from the voting residence due to detention in jail awaiting action by a grand jury or awaiting trial, or is confined in prison after conviction for an offense other than a felony; or
  • e) He/she will be absent from the School District on the day of the School District election/vote by reason of accompanying spouse, parent or child who is or would be, if he/she were a qualified voter, entitled to apply for the right to vote absentee ballot.

Statements on the application for absentee ballot must be signed and dated by the voter.

An absentee ballot must reach the office of the District Clerk or Board designee not later than 4:00 p.m. on the day of the election/vote in order that his/her vote may be canvassed.

A list of all persons to whom absentee ballots have been issued shall be maintained in the office of the District Clerk or Board designee and made available for public inspection during regular office hours until the day of the election/vote. Any qualified voter may, upon examination of such list, file a written challenge of the qualifications as a voter of any person whose name appears on such list, stating the reason for such challenge. The written challenge shall be transmitted by the District Clerk to the election inspectors on the day of the District election/vote. In addition, any qualified voter may challenge the acceptance of the absentee voter’s ballot of any person on such list by making his/her reasons known to the election inspector before the close of the polls.

Nursing Homes or Other Qualifying Adult Care Facilities

When the Board of Elections of the county or city in which the School District is located, receives 25 or more absentee ballot applications from a nursing home (or other qualifying adult care facility), the Board of Elections must send election inspectors to the nursing home between one (1) and thirteen (13) days before the election, to supervise the completion of absentee ballots by the residents of that facility. This provision of the Election Law applies to all elections conducted by the School District.

Education Law Sections 1501-c, 2014, 2018-a, 2018-b and 2613
Election Law Section 8-407

1230 Reporting of Expenditures and Contributions
Adoption Date: 12/10/1998, Revised: 1/27/2005

Each candidate for the position of member of the Board of Education whose expenses and/or contributions received exceed five hundred dollars ($500) must file a statement accounting for his/her campaign expenditures and contributions with the District Clerk and an additional statement with the Commissioner of Education. In the event the expenses do not exceed five hundred dollars ($500) and the aggregate amount of all contributions made to the candidate do not exceed five hundred dollars ($500), then a sworn statement to that effect must only be filed with the District Clerk.

Required contribution statements shall include:

  • a) The dollar amount and/or fair market value of any receipt, contribution or transfer which is other than money;
  • b) The name and address of the transfer or, contributor or person from whom received;
  • c) If that transfer or, contributor or person is a political committee as defined in Section 14-100 of the Election Law;
  • d) The name and political unit represented by the committee;
  • e) The date of receipt;
  • f) The dollar amount of every expenditure;
  • g) The name and address of the person to whom the expenditure was made, or the name of and political unit represented by the committee to which it was made; and
  • h) The date of the expenditure.

The times for filing the statements are as follows:

  • a) The first statement on or before the thirtieth (30th) day before the election to which it relates;
  • b) A second statement on or before the fifth day before the election.
  • c) A third statement within twenty (20) days after the election.

Any contribution or loan in excess of one thousand dollar ($1000) received after the close of the period covered in the last statement filed before the election (b above) but before the election itself, shall be reported within twenty-four (24) hours after receipt.

All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths.

Education Law Sections 1528 and 1529
Election Law Section 14-100(1)

1240 Political Campaigning on School Property, School Buildings or Voting Locations
Adoption Date: 12/10/1998, Revised: ; Non Substantive 1/26/09

No direct campaigning shall be allowed on any school property or voting locations for School Board elections. This rule does not prohibit students from engaging in debate or mock elections nor does it prohibit informational meetings sponsored by third parties for purposes of candidate debates or “meet the candidate” opportunities.

1250 Legal Qualifications of Voters At School District Elections
Adoption Date: 12/10/1998

A person shall be entitled to register and vote at any school election for election of members of the Board of Education, and upon all matters which may be brought before such meeting, who is:

  • a) A citizen of the United States;
  • b) Eighteen (18) years of age and older;
  • c) A legal resident within the District for a period of thirty (30) days next preceding the election at which he/she offers to vote.

However, a person who has been found guilty of the following may not register or vote in an election:

  • a) Has engaged in bribery with respect to registering to vote or voting in an election;
  • b)Has been convicted of a felony, unless citizenship rights have been restored;
  • c)Has been adjudged incompetent by the courts to register or vote.

Chapter 441 of the Laws of 1980
Education Law Section 2603

1260 Register of Voters
Adoption Date: 12/10/1998

All qualified voters residing within the boundaries of the Canandaigua City School District who registered for the preceding general election or any intervening School District election are entitled to vote at any school election.

All other voters must, in order to be entitled to vote, present themselves personally for registration before the Board of Registration of the Canandaigua City School District at a place and time designated by the Board of Education, and be registered in order to vote in any District election.

Education Law Section 2606

1270 Resignation and Dismissal
Adoption Date: 12/10/1998, Revised: 2/12/2004

Board members may resign at a District meeting of residents (i.e., the annual meeting, not a regular Board of Education meeting) or by filing a written resignation with the District Superintendent of the Supervisory District (District Superintendent) who must endorse his approval and file the resignation with the District Clerk.

Alternatively, a Board member may resign under Public Officers Law Section 31 by filing a written resignation with the District Clerk. The Clerk must then notify the School Board and the State Board of Elections.

A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or District Superintendent). The School Board has no authority to act upon a request to withdraw a resignation.

The resignation shall take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it shall take effect on the date of delivery to or filing with the District Clerk. If an effective date is specified in the letter of resignation, such date shall not be more than thirty (30) days subsequent to the date of its delivery or filing.

It shall be the duty of each member of the Board of Education to attend all meetings of the Board and, if any member shall refuse to attend three (3) consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare that office vacant.

A Board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order or regulation of the Commissioner. The Board of Education may also remove a Board member for misconduct relating to the exercise of authority as a Board member. A written copy of all charges made of such misconduct must be served upon the Board member at least ten (10) days before the time designated for a hearing on the charges; and the Board member shall be allowed a full and fair opportunity to refute such charges before removal.

As a small city school district, the District is not obligated to fill a vacancy on the Board which occurs due to death, resignation, removal from office or from the School District, or refusal to serve of a Board member.

However, the Board may fill the vacancy by appointment for a term ending with the next annual election of the School District at which time such vacancy shall be filled in a regular manner for the balance of the unexpired term. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the remaining members of the Board.

The Board, at its own option, may instead call a special election within ninety (90) days to fill the unexpired term.

A person elected or appointed to fill a vacancy shall take office immediately upon filing the oath of office.

Education Law Sections 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503, and 2553
Public Officers Law Sections 30, 31 and 35

1300 The Role of the Board of Education

1310 Powers, Duties and Responsibilities of the Board and its Officers
Adoption Date: 12/10/1998, Revised: 1/27/2000; 1/11/07; Non Substantive 2/24/09

The Board of Education shall exercise the powers, duties and responsibilities enumerated in the Education Law and by Commissioner’s Regulations. The Board shall work through the Superintendent to meet all of its operational responsibilities.

BASIC RESPONSIBILITIES OF THE BOARD OF EDUCATION

1.Act as the governing body of the School District consistent with NY State Law.
2.Provide leadership and make decisions to ensure the well-being of students and protect the interests of the District.
3.Ensure a quality educational program focused on high levels of student achievement and development of student character.
4.Develop sound written policies as guidelines to decision making and action.
5.Provide leadership for ongoing review and evaluation of curriculum, teaching practices and materials.
6.Select, hire, supervise and evaluate the Superintendent.
7.Ensure personnel practices and procedures that focus on high performance and continuous improvement.
8.Ensure a positive and supportive environment that attracts and retains a highly competent professional and support staff.
9. Provide for adequate funding to meet the short and long-term goals of the District.
10. Provide oversight for the financial affairs of the District.
11. Oversee the District budget process.
12. Ensure comprehensive, systematic long-term planning for the District.
13. Ensure that all school facilities are operated and maintained so as to provide a safe, orderly, efficient, and effective climate for student learning.
14. Maintain a program of public information for community understanding of the school’s program and policies.
15. Work to build a strong supportive relationship between the school and the community.
16. Provide for necessary student services.
17. Engage in self-improvement programs and activities for the purpose of rendering better Board of Education service.
18. Ensure compliance with all applicable laws and regulations.

BASIC RESPONSIBILITIES OF INDIVIDUAL BOARD MEMBERS

1.Act as a member of the Board consistent with NY State Law and the mission and goals of the District.
2. Make decisions that ensure the rights and welfare of all students and the interests of the District.
3. Work to ensure a positive relationship with the Superintendent.
4. Act as a conduit for communication with the community.
5. Keep abreast of important issues in education and participate in Board development activities.
6. Complete mandatory fiscal accountability training.
7. Work cooperatively with school personnel, students, and the community.
8. Support Board decisions and policies.
9. Contribute to a positive and supportive environment conducive to the success of the educational program.
10. Participate in committee meetings and other planned activities of the Board.
11. Practice meeting conduct that promotes quality participation, decision making and leadership by the Board.
12. Participate in Board development activities which enhance Board of Education service.
13. Understand and respect that Board members have no authority over school affairs as individuals; they have authority only when acting as a corporate body duly called in session.

Education Law Sections 2102, 2503, 3205, 3241, 3242
Reference: Policy # 1010 Joint Code of Conduct for School Boards and Superintendents

1311 Compensation and Expenses
Adoption Date: 12/10/1998, Revised: 3/12/2009; Non Substantive 12/9/10

No member of the Board may receive any compensation for his/her services unless he/she shall also serve as Clerk of the Board and be paid as Clerk. The Clerk may be reimbursed for actual expenses incurred for official duties. All bills or claims for reimbursement must be itemized in reasonable detail.

All members of the Board of Education may be reimbursed for actual expense incurred in representing the District. All bills or claims for reimbursement must comply with District requirements as detailed in the In-service, Conference Request and Reimbursement Form.

Education Law Sections 1724.2, 1724.3, 2523.2, 2524

1320 Nomination and Election of Board Officers
Adoption Date: 12/10/1998

Officers of the Board of Education shall be nominated and elected by the simple majority of the Board at its annual Organizational meeting. They will take their oath as officers at this meeting along with newly elected members.

The elected officers of the Board of Education are:

a)President
b) Vice-President

1321 Duties of the President of the Board of Education
Adoption Date: 12/10/1998, Revised: 3/12/2009; 6/11/09

The President’s duties include the following:

  • a) Preside at all meetings;
  • b)Call special meetings as necessary or on request;
  • c) Appoint members to all committees of the Board;
  • d)Serve ex-officio as a member of all committees;
  • e) Execute documents on behalf of the Board;
  • f) Act as spokesperson for the District, as appropriate;
  • g) Work with the Superintendent to prepare Board meeting agendas;
  • h) Facilitate the Superintendent evaluation process;
  • i) Facilitate the initial contract with a new Superintendent; review and manage the Superintendent’s contract including authorization of leaves on an ongoing basis;
  • j) Provide leadership to ensure positive Board relations;
  • k)Perform the usual and ordinary duties of the office.

1322 Duties of the Vice-President of the Board of Education
Adoption Date: 12/10/1998, Revised: 3/12/2009

The duties of the Vice-President shall be:

  • a) Work with the Superintendent and the President to prepare Board meeting agendas;
  • b)Facilitate the Board self evaluation discussion;
  • c) Assist the President with leadership responsibilities;
  • d)Preside at all meetings in the absence of the President;
  • e)By resolution of the Board, to sign documents in case of absence or disability of the President;
  • f) Fulfill duties of the President in the President’s absence;
  • g) Perform the usual and ordinary duties of the office.

1323 Bonding of District Personnel
Adoption Date: 12/10/1998, Revised: 12/9/2010

The Board of Education will provide a public school system faithful performance bond, or blanket position bond for all employees, officers and pupils. Annually, the Board will specify amounts to be placed in specific positions.

Education Law Section 2130(5)
Public Officer’s Law Section 11(2)
NYCRR Section 170.2d

1330 Appointments and Designations by the Board of Education
Adoption Date: 12/10/1998, Revised: 10/9/2003; Non-Substantive Revision 1/11/2006, Non-substantive Revision 4/05/2006, Revised 1/11/2007

Appointments

The Board is authorized to appoint individuals to positions which will facilitate the meeting of its responsibilities to the state, the School District, and the community. These appointments usually take place at the Annual Reorganization Meeting.

The following shall be appointed annually:

  • a)District Clerk;
  • b)District Treasurer;
  • c)District Deputy Treasurer;
  • d)District Tax Collector and Deputies;
  • e)External Auditor;
  • f)Internal Auditor;
  • g)District Extra-Curricular Treasurer.

The following must be appointed, but need not be reappointed annually:

  • a)Census Enumerator and assistants;
  • b)School Physician/Physician Services;
  • c)Supervisors of Attendance;
  • d)Committee on Special Education and Committee on Preschool Special Education;
  • e)Records Access/Management Officer;
  • f)Asbestos Hazard Emergency Response Act (AHERA)
  • Local Educational Agency (LEA) Designee;
  • g)Title IX/Section 504/ADA Compliance Officer;
  • h)Liaison for Homeless Children and Youth;
  • i)Chemical Hygiene Officer.

The following may also be appointed:

  • a)School Attorney;
  • b)Claims Auditor;
  • c)Insurance Advisor;
  • d)Others deemed appropriate/necessary.

Designations

The following designations shall be made by the Board of Education at the Annual Reorganization Meeting in July:

  • a)Petty Cash Fund(s);
  • b)Official Newspaper(s);
  • c)Official Bank Depositories;
  • d)Official Bank Signatories;
  • e)Purchasing Agent;
  • f)Certifier of Payrolls;
  • g)Educational Official designated to receive court notification regarding
  • a student’s sentence, adjudication in certain criminal cases and
  • juvenile delinquency proceedings
  • h)School Pesticide Representative.

Authorizations

  • a)Approval of attendance at conferences, conventions, workshops, and the like;
  • b)Superintendent to approve budget transfers within limits prescribed by
  • Commissioner’s Regulation Section 170.2 and Board guidelines;
  • c)Superintendent to apply for Grants in Aid (State and Federal) as appropriate;
  • d)Establish mileage reimbursement rate;
  • e)Other(s) as deemed appropriate/necessary.

Education Law Sections 305(31), 409-h, 1709, and 2503
29 Code of Federal Regulations (CFR) 1910.1450
McKinney-Vento Homeless Assistance Act,
Section 722, as reauthorized by the No Child Left Behind Act of 2001

1331 Duties of the District Clerk
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 12/01/06; 2/24/09

The Clerk of the Board will be appointed by the Board at its Annual Reorganizational Meeting and will serve for a period of one (1) year. The Clerk’s duties include the following:

  • a) Attend all meetings of the Board and keep a record of its proceedings and record, by name, those in attendance;
  • b) Prepare minutes of the meetings of the Board, obtain their approval by the Board at the next meeting and forward copies of the minutes to each member of the Board of Education;
  • c) Send notices of time and place of special meetings to members of the Board;
  • d) See that the proper legal notices and announcements are published on all specifications and items out on bid, in accordance with state law;
  • e) Maintain an up-to-date record of Board policies and by-laws;
  • f) Deliver to, and collect from, the President (or Vice-President) such papers for signature as may be necessary;
  • g) Distribute notices to the public announcing availability of copies of the budget to be presented at the Annual District Hearing in compliance with the requirements of the State Education Law;
  • h) Administer oaths of office, as required by Section 10, Public Officer’s Law;
  • i) Have custody of the register of voters and to make same available for inspection as prescribed;
  • j) At the request of a duly qualified voter, place the name of such voter on the register if omitted in error from the register as prescribed;
  • k) Receive and preserve all challenges of the qualifications of voters as prescribed;
  • l) Give written notice to persons appointed as inspectors of election;
  • m) Receive and file all petitions of nominations;
  • n) Receive and file the statement of the canvass of voters of all elections;
  • o) Serve a written notice upon each person declared to be elected as a member of the Board of Education within 24 hours after the result of the election has been declared.
  • p) To perform other duties customary to the office.

The above duties of the District Clerk are not intended to be complete but should serve as a comprehensive guide in understanding the duties of this office. The District Clerk shall perform such other duties as may be assigned from time to time by the Board.

Education Law Section 2121, 2531, 2606, 2607, 2608, 2610

1332 Duties of the District Treasurer
Adoption Date: 12/10/1998, Revised: 1/11/2007; 12/9/10

The District Treasurer is appointed annually by the Board of Education at its Annual Reorganization Meeting. The District Treasurer is the custodian of all Canandaigua City School District monies. The District Treasurer is responsible for depositing and disbursing District monies and acts as the chief accounting officer of the District. The District Treasurer shall report periodically to the Board of Education Audit/Finance Committee.

The District Treasurer maintains and checks financial accounts and records using generally accepted accounting principles (GAAP). The District Treasurer must know the laws, regulations, procedures and policies that affect District finances. The District Treasurer prepares and presents oral and written reports while displaying thoroughness, integrity, good judgment and the ability to supervise the accounting function.

The Board shall adopt a prenumbered receipt form to be used by the District Treasurer and other persons authorized to receive money. The Treasurer shall receipt all monies paid over to his/her custody with prenumbered duplicate receipts. The Treasurer shall issue prenumbered receipt forms in triplicate to others authorized to receive monies in the first instance. The Treasurer shall maintain a long showing: receipt books number series, person responsible for each book and annually recall and audit receipt books.

The Treasurer must maintain, at all times, control of his/her password protected signature device. District Administration will establish and the Treasurer will maintain procedures, which will ensure adequate internal control and protection against misuse and/or loss of the check signature device used to sign authorized checks drawn against the district. All checks must receive the single signature of the Treasurer or the single signature of the Deputy Treasurer.

The safeguarding of unused checks shall be the responsibility of the Treasurer. The storage of unused/blank checks shall be maintained in such a manner as to restrict their availability and offer protection against fire, theft and water damage.

The Deputy Treasurer shall assume the duties of the Treasurer in the event that the Treasurer is unable to perform the duties of the position.

Specific duties shall be delineated in the District Job Description Manual.

Education Law Section 2122
NYCRR 170.2(h), 170.2 (i), 170.2(p)

1333 Duties of the District Tax Collector
Adoption Date: 12/10/1998, Revised: 12/1/2006; 5/14/09

The District Tax Collector is appointed annually by the Board of Education at its Annual Reorganization Meeting and shall be covered by a bond.Under the supervision of the Superintendent of Schools, the District Tax Collector is responsible to the Board of Education to oversee the collection of all District property taxes according to the procedures and requirements of local, New York State, and Federal law and regulations.

Specific duties shall be delineated in the District Job Description Manual.

Education Law Section 2506

1334 Duties of the External Auditor
Adoption Date: 12/10/1998, Revised: 1/11/2007; 5/28/09

The External Auditor is appointed annually by the Board of Education. The External Auditor shall be an independent certified public accountant/entity or an independent public accountant/entity. Upon the recommendation of the Audit/Finance Committee, following a competitive Request for Proposal (RFP) process as required by law, the External Auditor may serve a maximum of five years. Renewals are possible after a separate RFP process.

Duties of the External Auditor

a.)To examine the balance sheet of the District at the close of its fiscal year and the related statements of transactions in the various funds for the fiscal year then ended.

b.)To conduct such examination in accordance with generally accepted auditing standards and to include such tests of the accounting records and such other auditing procedures as are necessary.

c.)To render an opinion on the financial statements prepared as at the close of the fiscal year.

d.)To prepare an annual audit of District records and also such other as may be required by law and the Regulations of the Commissioner of Education.

e.)To submit a copy of the certified audit, in a form prescribed by the Commissioner, which must be accepted by the Board and furnished annually to the State Education Department.

f.)To make such recommendations to the Board concerning its accounting records, procedures, and related activities as may appear necessary or desirable.

g.)To meet with the Audit/Finance Committee prior to commencement of the annual audit.

h.)To meet with the Audit/Finance Committee to review the draft annual audit report and accompanying draft of the management letter.

i.)To perform such other related services as may be requested by the Board.

Education Law 2116

1334.5 Duties of the Internal Auditor
Adoption Date: 1/11/2007, Revised: 5/14/2009

The Internal Auditor is appointed annually by the Board of Education upon the recommendation of the Audit/Finance Committee. The Internal Auditor reports directly to the Board Audit/Finance Committee and is responsible for carrying out the District’s Internal Audit Function, testing all internal controls and areas of financial risk in District operations. This individual/entity should have broad experience in internal audit procedures and knowledge of legal and regulatory requirements for school district internal audits.

The District may use its employees, inter-municipal cooperation agreements, shared services to the extent authorized by Education Law Section 1950, or independent contractors as the person/entity serving as Internal Auditor. The person/entity serving as Internal Auditor must follow generally accepted auditing standards, be independent of District business operations, and have the requisite knowledge and skills to complete the work.

The Internal Auditor is an integral part of the internal control system. To protect the integrity and independence of the Internal Audit Function, the Internal Auditor shall not act in the capacity of Claims Auditor, External Auditor or have any other responsibility within the financial operation of the District.

Education Law 1950 and 2116

1335 Duties of the Claims Auditor
Adoption Date: 12/10/2005, Revised: 1/11/2007; Non Substantive 4/21/09, 12/9/10

The Claims Auditor is appointed annually by the Board of Education and is responsible for overseeing the audit of all claims to the District according to local procedures and requirements as well as New York State and Federal laws and regulations. The Claims Auditor will report findings to the Board on a periodic basis. The Claims Auditor is not to be confused with the Internal Auditor, a separate function reporting directly to the Board of Education.

Eligibility

No person shall be eligible for appointment to the office of Claims Auditor who shall be:

1.A member of the Board

2.The District Clerk or Treasurer

3.The Official of the District responsible for business management

4.The person designated as the Purchasing Agent

5.The Superintendent

6.Clerical personnel directly involved in accounting and purchasing functions

Knowledge and Skills

The Claims Auditor must have basic accounting skills including the ability to perform arithmetic functions quickly and accurately, the ability to organize work in a logical manner, possess familiarity with the accounts payable system, have good judgment, and a high degree of personal integrity.

The Claims Auditor must be vigilant in review of claims and cognizant of Board policy, contracts, and State and Federal laws and regulations. The Claims Auditor shall be familiar with actions of the Board of Education through review of Board minutes regarding the listing of vendors and product categories of bid awards, service contracts and amounts, and District claimants. The Claims Auditor shall compare claims against this information to ensure compliance with Board action.

Duties and Responsibilities

The Claims Auditor is directly responsible for the powers and duties of the Board with respect to claims auditing, and allowing or rejecting accounts, charges, claims or demands against the school district, during the continuance of appointment.

All claims shall be presented to and approved by the Claims Auditor prior to payment. The Claims Auditor shall be available and proceed in a manner to provide timely payment of all valid claims against the District.

Specific duties shall be delineated in the District Job Description Manual.

Education Law Section 1709.20(a) and 2526

1336 Duties of the Extra-Curricular Treasurer
Adoption Date: 12/10/1998, Revised: 1/11/2007; 5/14/09; 12/9/10

The Extra-Curricular Treasurer is appointed annually by the Board of Education at its Annual Reorganization Meeting and shall be fully bonded. The Extra-Curricular Treasurer is the custodian of all Canandaigua City School District extra-curricular monies. The Extra-Curricular Treasurer is responsible for receiving and disbursing these monies. The Extra-Curricular Treasurer shall submit to the Audit Finance Committee on behalf of the Board of Education, during the academic year, monthly financial statements indicating the status of each account.

The board shall adopt a prenumbered receipt form to be used by the Extra-Curricular Treasurer. The Extra-Curricular Treasurer shall receipt all monies paid over to his/her custody with prenumbered duplicate receipts. The Treasurer shall issue prenumbered receipt forms in triplicate to others authorized to receive monies in the first instance.

Specific duties shall be delineated in the District Job Description Manual.

8 New York Code of Rules and Regulations
NYCRR 172.2, 170.2(h), 170.2(i)
NYSED Finance Pamphlet #2

1337 Duties of the School Attorney(s)
Adoption Date: 1/11/2007, Revised: ; Non Substantive 4/21/09

The School Attorney(s) shall be appointed annually by the Board of Education at its Annual Reorganizational Meeting. Only those individuals/entities who are currently licensed to practice law in the State of New York may be appointed to the position. The duties of the School Attorney(s) shall include, but are not limited to performing legal duties on behalf of the Canandaigua City School District upon the specific request of the Superintendent of Schools or the President of the Board of Education. Should the School Attorney(s) feel that it would be in the best interest of the School District to carry out certain legal procedures that have not been requested, the individual/entity shall contact the Superintendent and Board President who will take whatever action he/she deems appropriate.

The School Attorney(s) shall be paid for services on an hourly or retainer basis to be established by the Board of Education at the Annual Reorganizational Meeting. Not included in this fee is (a) work done in connection with the sale of bonds or (b) work done in preparation and conduct of trials, hearings and appeals. These services shall be contracted on an individual basis.

1338 Duties of the School Physician/Nurse Practitioner
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 1/09/04

The School Physician/Nurse Practitioner shall be appointed by the Board of Education.

The duties of the School Physician/Nurse Practitioner shall include, but are not limited to, the following:

  • a)Performs professional medical services in the examination and care of school children;
  • b)Performs routine examinations of school children to detect the presence of contagious diseases and physical defects;
  • c)Serves as an on-call member on the Committee on Special Education;
  • d)Reports to the Board on school health services;
  • e)Oversees the physical examinations of all students participating in interscholastic athletics;
  • f)Develops the program of health service in accordance with policies approved by the Board and as directed by the Superintendent of Schools;
  • g)Conducts physical exams for all bus drivers and substitutes annually (prior to employment);
  • h)Conducts physical exams for all new employees (instructional and non-instructional);
  • i)Conducts a medical evaluation on any employee at the request of the Board of Education.

Education Law Sections 902 and 913

1350 Methods of Operation
Adoption Date: 12/10/1998

The Board of Education shall act as a body in making decisions and in taking official action. No individual member of the Board shall be empowered to act in matters which require approval of the entire Board.

Official action may be taken only during a duly convened meeting of the Board of Education.

Education Law Sections 1701, 2502(1), and 2551

1360 Code of Ethics – Board Members
Adoption Date: 12/10/1998, Revised: 1/27/2000; Non-Substantive 10/26/09; Non-Substantive 4/5/10

Section 1

The Board of Education recognizes that there are standards of conduct for public officers which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. Therefore, the Board of Education hereby promulgates these standards of conduct for the officers of the Canandaigua City School District. These rules of ethical conduct as adopted shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law related to ethical conduct and interest in contracts of municipal officers. The Board of Education directs the Superintendent of Schools to promulgate rules of ethical conduct for the employees of the Canandaigua City School District.

Section 2 – Definitions

  • a)“Officer” means a member of the Board of Education, officer or agent of the City School District of Canandaigua, New York, whether paid or unpaid, including members of any administrative board, committee or other agency thereof.
  • b)“Interest” means direct or indirect pecuniary or material benefit accruing to an officer as the result of a contract or agreement with the School District. For purposes of this policy a municipal officer shall be deemed to have an interest in the contract of (1) his/her spouse, minor children and dependents except a contract of employment with the School District; (2) a firm partnership or association of which such officer is a member; (3) a corporation of which such officer is an officer, director or employee; and (4) a corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.

Section 3 – Standards of Conduct

Every officer of the City School District, Canandaigua, New York shall be subject to and abide by the following standards of conduct:

  • a)Gifts – He/she shall not directly or indirectly, solicit any gift; nor shall he/she accept or receive any gift having a value of seventy-five ($75) dollars or more, whether in the form of money, services, loans, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him/her, or could reasonably be expected to influence him/her, in the performance of his/her official duties or was intended as a reward for any official action on his/her part.
  • b)Confidential Information – He/she shall not disclose confidential information acquired by him/her in the course of his/her official duties or use such information to further his/her personal interests. In addition, he/she shall not disclose information regarding any matters discussed in an executive session of the Board of Education whether such information is considered “confidential” or not.
  • c)Compensation for Services Rendered
    • 1.He/she shall not receive, or enter into any agreement, expressed or implied, or compensation for any services, to be rendered in relation to any matter before the School District.
    • 2.He/she shall not receive, or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before the School District, whereby his/her compensation is to be dependent or contingent upon any action by the School Board with respect to such matter, provided that this paragraph shall not prohibit the fixing any time of fees based upon the reasonable value of the services rendered.
  • d)Disclosure of Interest in Matters or Resolutions Before the Board of Education – To the extent that he/she knows thereof, any officer of the School District, whether paid or unpaid, who participates in the discussion or gives official opinion to the School District on any matter or resolution before the School District shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he/she has in such matter or resolution.
  • e)Investments in Conflict with Official Duties – He/she shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his/her official duties.
  • f)Private Employment – He/she shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his/her official duties.
  • g)Future Employment – He/she shall not, after the termination of service with the School District, appear before any Board or agency of the School District in relation to any case, proceeding, agreement or application in which he/she personally participated during the period of his/her service or employment or which was under his/her active consideration.

Section 4

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former officer of any claim, account, demand or suit against the School District arising out of any personal injury or property damage or for any lawful benefit authorized or permitted under the laws of the State of New York.

Section 5 – Distribution of Code of Ethics

The Superintendent shall cause a copy of these Standards of Conduct to be distributed to every officer of the School District within ten (10) days after the effective date of this resolution. Each officer elected or appointed thereafter shall be furnished with a copy before entering upon the duties of his/her office.

The Superintendent shall also cause a copy of Article 18 of the General Municipal Law to be made available to District Board members. Failure to distribute any such copy of this code of ethics or failure of any Board member to receive any such copy of General Municipal Law Article 18 shall have no effect on the duty of compliance with such code or Article 18 nor with the enforcement of provisions thereof.

General Municipal Law Section 806

1370 Commencement and Awarding of Diplomas
Adoption Date: 6/7/2007, Revised: ; Non Substantive 10/26/09

The President of the Board is the elected spokesperson and representative of the Board at official functions. As such, the President has the privilege of addressing the graduates at the Commencement Ceremony and awarding diplomas to graduating students. A member of the Board of Education or a member of the District administration may give an individual diploma to a son or daughter.

The Board recognizes that there are circumstances that could warrant a change in that practice. The Board may approve other exceptions based on a specific written request. It is important to maintain the formality of the occasion, and discretion should be used so that disruptions to the flow of the ceremony are kept at a minimum.

All requests must be made in writing to the Board President as soon as possible and no later than May 15.

Any person who is awarding a diploma is expected to wear a cap and gown and process with the Board and faculty.

1400 Policy

1410 Formulation, Adoption and Dissemination of Policy
Adoption Date: 12/10/1998

The Board of Education shall reserve to itself the function of providing guides for the discretionary action of those to whom it delegates authority. The Superintendent shall act as an advisor to the Board in the adoption and approval of written Board policies. The Board shall also seek input from the staff and community where appropriate. These guides for discretionary action shall constitute the policies governing the operation of the school system.

The formulation and adoption of these written policies shall constitute the basic method by which the Board of Education shall exercise its leadership in the operation of the school system.

Policies of the Board shall be subject to adoption, amendment or suspension only upon an affirmative vote of at least five (5) members of the Board.

The adoption of a written policy shall occur only after the proposal has been discussed at two consecutive meetings of the Board of Education (or within 45 days of the “first reading”), and has been moved and voted affirmatively following the “second reading”. The policy draft may be amended at the second meeting. By a two-thirds majority vote, the Board may waive the “second reading” and complete the adoption of the proposed policy at its "first reading." Job descriptions, references contrary to law or state and federal regulation, and conflicts with negotiated agreements will be updated without previous Board approval.

The formal adoption of written Board policy shall be recorded in the official minutes of the Board. Such written Board policy shall be the continuing legal regulations of the District.

1420 Execution of Policy: Administrative Regulations
Adoption Date: 12/10/1998

The Board shall delegate to the Superintendent the function of specifying required actions and designing the detailed arrangements under which the schools will be operated. These rules and these detailed arrangements shall constitute the administrative regulations governing the schools. They must be in every respect consistent with the policies adopted by the Board. The Board shall be kept informed periodically of changes in administrative regulations.

1430 Policy Review and Evaluation
Adoption Date: 12/10/1998

It shall be the Board’s responsibility to keep its written policies up-to-date so that they may be used consistently as a basis for Board action and administrative decision.

The Superintendent is given the responsibility of calling to the Board’s attention all polices that are out-of-date or for other reasons appear to need revision.

1440 Amendment of Suspension of the By-Laws
Adoption Date: 12/10/1998

By-Laws proposed for amendment or suspension shall be presented in writing at least ten (10) days prior to the date of the meeting at which a vote will be called.

By-Laws of the Board shall be subject to amendment or suspension only upon an affirmative vote of at least five (5) members of the Board.

In the event that an amendment or suspension of policies or by-laws is desired within a ten (10) day period, a unanimous vote of all nine (9) Board members is required.

1500 Meetings

1510 Annual Reorganizational Meeting: Time
Adoption Date: 12/10/1998, Revised: ; Non Substantive 10/26/09

The Annual Reorganizational Meeting of the Board of Education shall be held on the first Tuesday in July of each year, unless that day is a legal holiday, in which event it shall be held on the first Wednesday in July.

The Board may pass a resolution, however, to hold its Annual Reorganizational Meeting at any time during the first fifteen (15) days of July.

Education Law Section 1707

1520 Board of Education Meetings
Adoption Date: 12/10/1998, Revised: 3/11/2010; Non Substantive 10/26/09

The Board will make provisions for recording the proceedings of all meetings and the minutes of all Board meetings shall be considered matters of public record. All formal actions of the Board of Education will be conducted in open public session, except those actions specified by law which may be taken in Executive Session.

It is the policy of the Board to announce in advance whenever practicable through the newspapers and such other means as may appear appropriate, the date, time and place of all Regular and Special Meetings and the major topics to be discussed. It shall be the duty of the Clerk to supervise the execution of this policy.

At all public Board meetings, the opportunity shall be given to the public to voice concerns. The chairman may establish limits on such public participation as may be appropriate for the time requirements of the planned agenda.

Regular meetings of the Board of Education of the Canandaigua City School District shall take place on the day and time designated by the Board at the Organizational Meeting, except as modified at subsequent meetings of the Board. Due to the timing (meal time) of some meetings, and duration of most Board meetings, a light refreshment may be provided to the Board upon BOE President approval.

It is the responsibility of the Superintendent to prepare the agenda with the Board President and/or Vice President for each meeting of the Board. The agenda for each regular meeting shall be prepared prior to the meeting and distributed as agreed between Board and Superintendent. Whenever the President or other members of the Board wish to bring a matter to the attention of the Board, such request should be made to the Superintendent so that the same can be placed on the agenda. Whenever individuals or groups wish to bring a matter to the attention of the Board, such request shall be addressed to the Superintendent. The Superintendent shall present such matter to the Board.

The Board of Education shall be notified in advance of each regular meeting. Such notice, in writing, shall include an agenda and the time of the meeting.

In the event that a regular meeting date falls on a legal holiday, interferes with other area meetings, or there is an inability to attend the meeting by Board members to the extent that a quorum would not be present, the Board shall select a date for a postponed meeting at the previous regular meeting, and shall direct the Clerk to notify all members.

Any meeting of the Board may be adjourned to a given future date and hour if voted by a majority of the Board present.

Education Law Section 2504
Public Officers Law 101.1

1530 Special Meetings of the Board of Education
Adoption Date: 12/10/1998, Revised: ; Non Substantive 10/26/09

Special meetings of the Board shall be held on call by any member of the Board. Such call shall be evidenced by a notice specifying the purpose, time and place of the meeting. Twenty-four (24) hour notice shall be given where practicable to members by the Superintendent or the Board President and shall indicate the matter to receive attention. All special meetings shall be held at a regular meeting place of the Board.

In certain extreme cases, a special meeting may be called with less than twenty-four (24) hour notice, but a twenty-four (24) hour waiver must be signed by all Board members.

Public notice of the time and place of the special meeting shall be given “to the extent practicable,” to the public and news media at a reasonable time prior to the meeting.

1540 Public Sessions
Adoption Date: 12/10/1998, Revised: ; Non Substantive 10/26/09

All Board of Education meetings must be open to the public except those portions of the meetings which qualify as executive sessions. A “meeting” is defined as an official convening of the public body for the purpose of conducting public business and a “public body” is defined as an entity of two (2) or more persons which requires a quorum to conduct business, including committees and subcommittees.

Whenever such a meeting is to take place, there must be at least seventy-two (72) hour advance notice in accordance with the provisions of the Open Meetings Law. Notice of other meetings shall be given as soon as is practicable in accordance with law.

Chapter 704 of the Laws of 1979
Public Officers Law Sections 97, 99, 100, 101

1550 Executive Sessions
Adoption Date: 12/10/1998, Revised: ; Non Substantive 10/26/09

Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the area or areas of the subject or subjects to be considered, the Board of Education may conduct an executive session for discussion of the below enumerated purposes only, provided that no action by formal vote shall be taken except on a 3020-a probable cause finding or handicapped child placement. For all other purposes, the action by formal vote shall be taken in open meeting and properly recorded in the minutes of the meeting. The following items may be discussed in executive sessions:

  • a.Matters which will imperil the public safety if disclosed.
  • b.Any matter which may disclose the identity of a law enforcement agency or informer.
  • c.Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed.
  • d.Discussions regarding proposed, pending or current litigation.
  • e.Collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law).
  • f.The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.
  • g.The preparation, grading or administration of examinations.
  • h.The proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.
  • i.Committee on Special Education or Committee on Preschool Special Education related items.

Public Officers Law
Chapter 704 of the Laws of 1979

1560 Quorum and Attendance of the Board of Education
Adoption Date: 12/10/1998, Revised: ; Non Substantive 10/26/09

The quorum for any meeting of the Board shall be five (5) members. No formal action shall be taken at any meeting at which a quorum is not present.

Provided a quorum is present at a meeting, the Board shall act by majority vote of no less than five (5) of its members, unless otherwise required by the laws of the State of New York. When only a quorum is present, the Board shall act by unanimous vote.

The Superintendent and members of his/her staff, at the Superintendent’s discretion, shall attend all meetings of the Board.

The Superintendent shall attend all executive session meetings of the Board except those which concern his/her evaluation and salary determination. The Board may request the attendance of such additional persons as it desires.

Education Law Section 2502(8)

1570 Meetings of Committees of the Board of Education
Adoption Date: 12/10/1998

All committees and/or sub-committees of the Board of Education must abide by the provisions of the Open Meetings Law.

Such committees must meet publicly, go into executive session only on a motion and only for one of the permitted topics, give advance notice of meetings, make public any minutes and otherwise comply with all requirements of the Open Meetings Law.

The only exceptions to this policy are District committee meetings called by the administration rather than the Board of Education and meetings of the Committee on Special Education.

Public Officers Law Article 7

1580 Minutes
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 05/25/04

The minutes are a legal record of the activities of the School Board as a public corporation having the specified legal purpose of maintaining public schools. The minutes of all meetings shall be kept by the Clerk, or in his/her absence, by the Superintendent or his/her designee. The minutes shall be complete and accurate and stored in a minutes file. However, minutes of executive sessions need not include any matter which is not required to be made public by the Freedom of Information Law.

The minutes of each meeting of the Board of Education shall state:

  • a) The type of meeting;
  • b) The date, time of convening, and adjournment;
  • c) Board members present and absent;
  • d) Board members’ arrival and departure time, if different from opening or adjournment times;
  • e) All action taken by the Board, with evidence of those voting in the affirmative and the negative, and those abstaining;
  • f) The nature of events that transpire, in general terms of reference.

Communications and other documents that are too long and bulky to be included in the minutes shall be referred to in the minutes and shall be filed in the District Office.

All Board minutes shall be signed by the District Clerk when approved and stored in a locked room or locked file cabinet. Unless otherwise provided by law, minutes shall be available to the public within two (2) weeks following the date of a meeting; draft copies, so marked, are acceptable, subject to correction. If action is taken by a formal vote in executive session, minutes will be taken and shall be available to the public within one (1) week of the date of the executive session.

Education Law Section 2121
Public Officers Law Section 106

1600 Elections

1610 Annual District Meeting and Election/Budget Vote
Adoption Date: 12/10/1998

Pursuant to law, the Annual District Meeting and Election/Budget Vote for the School District will be held on the third Tuesday in May. At this time, the District’s registered voters will elect members of the Board of Education and will also vote on the District Budget for the upcoming school year. However, in the event that the third Tuesday in May conflicts with a religious holiday, the School Board may petition the Commissioner of Education to obtain permission to hold the Annual Meeting and Election/Budget Vote on the second Tuesday in May. Such request from the Board of Education must be certified and received by the Commissioner no later than March 1st.

The District Clerk shall give notice of the time and place of holding the Annual Meeting and Election/Budget Vote by publishing such notice four (4) times within seven (7) weeks preceding the meeting. The first publication of the notice must be at least forty-five (45) days prior to the meeting. Such notice must appear in two (2), if there are two (2), newspapers which have a general circulation within the District, or one (1) newspaper , if there is one (1) newspaper with a general circulation within the District The notice shall also contain such other information as required by law.

Copies of the proposed annual operating budget for the succeeding year to be voted upon at the Annual Meeting and Election shall be available to District residents, on request, in each District school building during certain designated hours on each day other than a Saturday, Sunday or holiday during the fourteen (14) days preceding such Annual Meeting. The availability of this budget information shall be included in a legal notice of the Annual Meeting; and such copies of the proposed budget will also be available to District residents at the time of the Annual Meeting and Election.

Annual Meeting (Election and Budget Vote):

Education Law Sections 1804(4); 1906(1); 2002(1);
2017(5) and (6); 2022(1); and 2601-a(2)

Notice:
Education Law Sections 1608(2); 1716(2);
2003(1); 2004(1); and 2601-a(2)

2000 Internal Operations

2100 Internal Operations

2110 Orientation for Board Candidates
Adoption Date: 12/10/1998, Revised: 4/7/1999; 1/11/07; Non Substantive 1/25/10

The Board considers it important that a new member be knowledgeable about school governance and operations, and, insofar as possible, prepared to discuss and cast informed votes on matters before the Board beginning at the time that he/she is sworn into office.

During the period of their candidacy, all candidates will be urged to attend, and be welcomed at, public meetings of the Board. All public information about the School District will be made available to them.

Additionally, the Board directs the Superintendent to cooperate impartially with all candidates in providing them with information about school governance, Board operations, and school programs. This cooperation may include, for example:

  • a)Notification of public meetings of the Board, with the agenda provided;
  • b)Meeting with a candidate or candidates to provide basic background information on the School District and School Board service and/or arranging such other candidate-orientation sessions as he/she finds desirable;
  • c)Providing each candidate with information published by the New York State School Boards Association on the powers and duties of boards and other association materials germane to board service;
  • d)Provide each candidate with information on Four County School Boards Association orientation for board candidates.
  • e)Making arrangements for the candidate to review the current policies of the Board and other publications of the District including “Powers, Duties, and Responsibilities of the Board and Its Officers” and “Standards of Ethical Behavior for School Board Members” as developed by the Board of Education.

The Board and its staff will seek to be impartial as they cooperate in the orientation of Board candidates. It expects the candidates to recognize that until and unless elected to the Board their official status is that of other members of the public and thus, they are not entitled to privileged information discussed only in executive session.

2120 Orienting New Board Members
Adoption Date: 12/10/1998, Revised: 4/7/1999; Revised: 2/11/10

The Board and its staff shall assist each new member to understand the Board’s functions, policies, and procedures by the following methods:

  • a)The electee/member shall be given selected material relating to the role and responsibilities of being a Board member.
  • b)The electee shall be invited to attend Board meetings and to participate in its discussions.
  • c)The Superintendent/Designee shall supply materials pertinent to meetings and shall explain the use of the materials.
  • d)The President shall assign each new Board member an existing member who will act as a mentor and assist in orientation.
  • e)The incoming member shall be invited to meet with the Superintendent and other administrative personnel to discuss services they perform for the Board.
  • f)A reference to the District policies and by-laws and a copy of School Law, published by the New York State School Boards Association shall be given to the new member by the Superintendent/Designee.
  • g)Each year the President or his/her designee will work with the Superintendent in orienting new Board members concerning Board procedures and responsibilities.
  • h)The Board encourages new Board members to attend the annual orientation conference for new Board members sponsored by the New York State School Boards Association.
  • i) Completion of any state mandated training (e.g., fiscal oversight) is required.

2130 Use of Parliamentary Procedure
Adoption Date: 12/10/1998

The business of the Board of Education shall be conducted in general conformity with the authoritative principles of parliamentary procedure as found in the latest edition of Robert’s Rules of Order.

Commissioner's Decision Numbers 8018 and 8873

2200 Board of Education Committees

2220 Recognition
Adoption Date: 12/10/1998

It is the policy of the Board of Education to support the ongoing recognition of students, faculty, staff, graduates, and school volunteers.

The Superintendent shall develop an ongoing process for recognizing current members of the student body, faculty, staff, and volunteers in conjunction with the Board committee responsible for recognition.

The Board of Education will support approved recognition programs for graduates and former faculty and staff members. Any such program is subject to periodic review and approval by the Board of Education.

2210 Board and Advisory Committees
Adoption Date: 12/10/1998, Revised: ; Non Substantive 1/25/10

The Board and/or the President of the Board may at its discretion establish committees for the purpose of undertaking a specific task in connection with Board activity.

These committees, however, cannot make legal decisions for the entire Board. The Board of Education shall act as a Committee of the Whole. No individual member and no group comprised of less than the full membership shall be designated as a permanent committee.

At the request of the Board, the President shall appoint temporary committees comprised of less than the full membership for special purposes. These committees shall be discharged on the completion of their assignment. The President of the Board shall be an ex-officio member of all Board committees.

The Board of Education recognizes that it may be necessary from time to time to authorize advisory committees for the purpose of enlisting opinions and counsel of the general public. Such committees shall be appointed by the Board of Education under conditions identical to those outlined in Board policy.

All advisory committees shall be terminated at the completion of their task.

2300 Board of Education Activities

2310 Board of Education Conference and Workshop Attendance
Adoption Date: 12/10/1998, Revised: ; Non Substantive 12/9/10

The Board believes that continuing in-service training and development are important for its members. The Board, therefore, encourages the participation of all members at appropriate School Board conferences, conventions and workshops which are believed to be a benefit to the School District.

Specific guidelines for Board of Education conference attendance shall be developed by the Board and maintained in the Administrative Manual as Regulations.

General Municipal Law - Section 77(b)

2311 Membership in School Boards Association
Adoption Date: 12/10/1998

The Canandaigua City School District believes that an effective School Board invests in its own education and development. Membership in school boards associations provides Boards of Education with assistance and practical information in regard to various matters affecting School Boards, including school management, educational trends, and pending legislation. These memberships also offer School Board members opportunities to exchange information, solve common problems, and pool resources for mutual advantage.

The Canandaigua City School District Board of Education shall take advantage of the opportunities available through membership in local, state, and national school boards associations and participate as fully as practical in their activities.

2320 Evaluation of School Board
Adoption Date: 12/10/1998, Revised: 2/11/2010

The Board shall conduct a self evaluation at least once annually and will formulate a plan for improving its performance.

The Superintendent will participate in this self evaluation, and others who work regularly with the Board may be asked to participate.

3000 District & Community Relations

3000 District Standards

3010 Standards of Personal and Professional Behavior
Adoption Date: 7/1/2005, Revised: ; Non Substantive: 4/5/10

As the elected body representing the full community of the Canandaigua City School District, it is the role of the Board of Education to set expectations for personal and professional behavior in order to guide all members of our school community including the Board itself, the administration, faculty, staff, volunteers, and visitors. This policy is augmented by the Board’s alignment with the New York State Code of Ethics for Educators and the Code of Ethics required of all officers of the school district under General Municipal Law. It is augmented further by the District Code of Conduct which relates to specific behaviors that are prohibited in association with our school district. This policy is created as an umbrella of all other policies relating to personal interactions, fiduciary responsibility, respect for property, and purpose.

The District character traits of respect, responsibility, honesty, caring, and healthful lifestyles are the focus of this policy. These are the traits that we hope to inculcate in our youth and the traits that we adopt as our standards of personal and professional behavior.

1. Respect – The adults in our school district will demonstrate personal respect. We will treat each other, the children we serve, and our community members with respect. We recognize the inherent dignity in every individual. We will respect the confidential, private nature of the special knowledge we may have about students and other adults. As an institution, we will respect and invite debate, contrary views, the process of democratic decision making, and the willingness to agree to disagree.

2. Responsibility – First and foremost we are responsible for the health and safety of the children of our school district as well as every staff member, volunteer, and visitor to the school district. We must endeavor to first do no harm; to ensure that any action we take has no detrimental affect upon those we serve.
We share responsibility for the academic achievement and character development of our youth. We ensure that each child is provided a program that meets his or her broad individual needs and nurtures individual potential.
We are responsible for the physical and financial assets that are provided to us in our work; to ensure they are utilized in such a way as to maximize their value.

3. Honesty - We must speak the truth, seek the truth, and value the truth in all our dealings. We must avoid any behavior which compromises the academic integrity and character of our institution. We must discharge our duties in a fair, responsible way, the benefits of which are focused always on the children we serve.

4. Caring – Adults should model kindness towards each other and especially the children we serve. We must build the foundation for a caring community. We recognize the harmful nature of gossip, disparaging remarks, uncontrolled anger, and inappropriate physical contact.

5. Healthful Lifestyles. While participating in any school-related activity, we must conduct ourselves in a way that reflects a healthful lifestyle, never coming on to school grounds under the influence of alcohol, and avoiding the use of tobacco. We should avoid totally the use of illicit drugs.
This policy is written for the betterment of the entire school community. It focuses on the actions of adults associated with the school community, but is intended to be a model for all.

This policy supports the intent of Board of Education Policies 1360, 3010, 3410, 3413, 5640, 6120, 6121, 6150, 6152, 6161, 6162, 6410, 6420, 6421, 6422, 6490, 7310, 7330, 7571, and 7572.

3020 Requirement for a Code of Conduct


Adoption Date: 3/22/2001, Revised: 6/14/2001; Non-Substantive Revision 4/05/06, Non-substantive Revision 6/19/06, Revised 4/19/07, Non Substantive Revision 4/5/10

The District has developed and will amend, as appropriate, a written Code of Conduct for the Maintenance of Order on School Property, including school functions, which shall govern the conduct of students, teachers, and other school personnel, as well as visitors. The Board of Education shall further provide for the enforcement of such Code of Conduct.

For purposes of this policy, and the implemented Code of Conduct, school property shall mean in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus as defined in Vehicle and Traffic Law Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.

The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

The Code of Conduct shall include, at a minimum, the following:

a)Provisions regarding conduct, dress and language deemed appropriate and acceptable on school property and at school functions; and conduct, dress and language deemed unacceptable and inappropriate on school property; provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions; the appropriate range of disciplinary measures which may be imposed for violation of such Code; and the roles of teachers, administrators, other school personnel, the Board of Education and parents/persons in parental relation to the student;

b)Standards and procedures to assure security and safety of students and school personnel;

c)Provisions for the removal from the classroom and from school property, including a school function, of students and other persons who violate the Code;

d)Provisions prescribing the period for which a disruptive student may be removed from the classroom for each incident, provided that no such student shall return to the classroom until the principal (or his/her designated School District administrator) makes a final determination pursuant to Education Law Section 3214(3-a)(c) or the period of removal expires, whichever is less.

e)Disciplinary measures to be taken for incidents involving the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student’s civil rights, harassment, and threats of violence;

f)Provisions for detention, suspension and removal from the classroom of students, consistent with Education Law Section 3214 and other applicable federal, state and local laws, including provisions for school authorities to establish procedures to ensure the provision of continued educational programming and activities for students removed from the classroom, placed in detention, or suspended from school, which shall include alternative educational programs appropriate to individual student needs;

g)Procedures by which violations are reported and determined, and the disciplinary measures imposed and carried out;

h)Provisions ensuring the Code of Conduct and its enforcement are in compliance with state and federal laws relating to students with disabilities;

i)Provisions setting forth the procedures by which local law enforcement agencies shall be notified of Code violations which constitute a crime;

j)Provisions setting forth the circumstances under and procedures by which parents/persons in parental relation to the student shall be notified of Code violations;

k)Provisions setting forth the circumstances under and procedures by which a complaint in criminal court, a juvenile delinquency petition or person in need of supervision (“PINS”) petition will be filed;

l)Circumstances under and procedures by which referral to appropriate human service agencies shall be made;

m)A minimum suspension period for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher’s authority in the classroom, provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law for purposes of this requirement, as defined in Commissioner's Regulations, "repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom” shall mean engaging in conduct which results in the removal of the student from the classroom by teacher(s) pursuant to the provisions of Education Law Section 3214(3-a) and the provisions set forth in the Code of Conduct on four or more occasions during a semester, or three or more occasions during a trimester, as applicable.

n)A minimum suspension period for acts that would qualify the student to be defined as a violent student pursuant to Education Law Section 3214(2-a)(a). However, the suspending authority may reduce the suspension period on a case-by-case basis consistent with other state and federal law.

o)A Bill of Rights and Responsibilities of Students which focuses upon positive student behavior, and which shall be publicized and explained to all students on an annual basis.

p)Guidelines and programs for in-service education programs for all District staff members to ensure effective implementation of school policy on school conduct and discipline.

The District Code of Conduct is available in the District Office. A copy of the full Code of Conduct for each building is found in the main office of each building. Abridged versions are distributed to students at the Middle School and the Academy. Abridged versions for PK-5 are available in Parent Handbooks.

The Code of Conduct has been adopted by the Board of Education only after at least one public hearing that provided for the participation of school personnel, parents/persons in parental relation, students, and any other interested parties. Copies of the Code of Conduct shall be disseminated pursuant to law and Commissioner’s Regulations.

The District’s Code of Conduct shall be reviewed on an annual basis, and updated as necessary in accordance with law. The School Board shall reapprove any updated Code of Conduct or adopt revisions only after at least one public hearing that provides for the participation of school personnel, parents/persons in parental relation, students, and any other interested parties.

The District shall file a copy of its Code of Conduct and all amendments to the Code with the Commissioner of Education no later than thirty (30) days after their respective adoptions.

Privacy Rights

As part of any investigation, the District has the right to search all school property and equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc., are provided by the District for the use of staff and students, but the users do not have exclusive use of these locations or equipment and should not expect that materials stored therein will be private.

Education Law Sections 2801 and 3214
Family Court Act Article 3 and 7
Vehicle and Traffic Law Section 142
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2(1)(2)

3030 Equal Opportunity
Adoption Date: 3/8/2007, Revised: 4/29/2010

The Board of Education affirms its commitment to equal opportunity in all District activities and practices and recognizes its responsibility to provide an environment that is free of discrimination on any basis, actual or perceived, of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, socio-economic status, military status, veteran status, or disability. All employees, school volunteers, students, and non-employees such as contractors and vendors as well as any third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District are expected to comply with this policy.

3100 School Community Relations

3110 Communication with the Public
Adoption Date: 12/10/1998, Revised: ; Non Substantive Revision 4/5/10

The Canandaigua Board of Education recognizes their responsibility to keep the residents of the community informed of policies, programs, and Districts plans, and to communicate with its various publics on a continuing basis.

The Board further recognizes that the School District operates effectively only when it has the informed support of the community. It is, therefore, essential that a continuing communication be carried out between the School District and it students, its employees, and the residents of the community.

As a part of this essential communication, the Board encourages study, discussion, and active participation by all concerned in the promotion of the best possible program of education in the community. It is the practice of the Board to utilize the advice and assistance of all interested individuals and groups in setting priorities and establishing direction for the District.

It shall be the responsibility of the Superintendent to establish, maintain, and adequately staff the ongoing communication program. The Board of Education shall provide adequate financial support for the communication effort and shall annually review the program to evaluate its effectiveness.

It is important that all employees of the School District recognize their responsibility to promote good community relations for the District.

3111 World Wide Web: District Website
Adoption Date: 12/10/1998, Revised: 4/29/2010

In order to support the mission and vision of the School District, the District will create and maintain a website. The website will serve as :

a)A gateway to District and community resources and to educational websites;

b)A resource for the community to access District information;

c)A place to showcase innovative student and staff educational projects,

presentations, and learning experiences; and

d)A means of communications among students, parents, District personnel, the community, the Board of Education, and associated organizations.

The District website may not be used for any commercial promotional activity. The District website may have links to other school related and/or social activities. It is not the intent of the District to endorse or promote particular commercial promotional activity.
Regulations will be developed for implementing guidelines as to staff/student access and usage of the District website.

3120 Media Relations
Adoption Date: 12/10/1998, Revised: ; Non Substantive Revision 4/5/10

The official position of the Canandaigua City School District shall be determined by the Board of Education.

Any statement made to the media which expresses the official position of the School District on any subject, must come from the Superintendent of Schools or his/her designee or the President of the Board of Education. Individual Board members may not speak for the Board unless expressly requested to do so by the Board.

Statements which express an official position of the Canandaigua City School District prepared for publication by any of its employees shall be approved by the Superintendent or his/her designee prior to release to the public media. Routine information may be released to the media by the administrative officer in charge of the school or program area involved.

3130 Relations with the Municipal Governments
Adoption Date: 12/10/1998, Revised: 5/13/2010

It is the policy of the Board to establish and maintain a positive working relationship with the governing bodies of the local municipalities. The Board shall also cooperate with municipal, county, and state agencies whose work affects the welfare of the children of the District,and shall consider the establishment of intermunicipal agreements. Said organizations include but are not limited to such bodies as the County Health Department, the Parks and Recreation Department, the Public Library, the Police and Fire Departments, the Civil Defense Agency, the Social Services Agency, and other school districts.

3140 Flag Display
Adoption Date: 12/10/1998, Revised: 3/3/2005; Non-Substantive Revision 5/06/08, 4/27/10

In keeping with State Education Law and Executive Law, the Board of Education accepts its duty to properly display the United States flag properly upon or near each public school building during school hours, weather permitting, and such other times as the statutes may require or the Board may direct.

When ordered by the President, Governor, or local official, to commemorate a tragic event of the death of an outstanding individual, the flag shall be flown at half-staff. The Superintendent’s approval shall be required for the flag to be flown at half-staff upon any other occasion. Regulations for seeking such approval shall be established in the Administrative Manual of the District.

The flag shall be displayed in every assembly room (e.g., the auditorium) including the room where the Board of Education meetings are conducted, as well as displayed in all rooms used for instruction.

Education Law Sections 418 and 419
Executive Law Sections 402 and 403
8 New York Code of Rules and Regulations
(NYCRR) Sections 108.1-108.3

3150 School Symbols
Adoption Date: 12/10/1998

It is common for school districts to adopt a visual symbol which is reflective of the goals and mission of the School District. Such symbols are traditionally used for interscholastic athletic teams, extracurricular activities,and other school-based activities.

The Canandaigua City School District aspires to character traits that include respect, responsibility, honesty, caring,and a healthful lifestyle. We wish our students to grow both independently and as members of teams. We want to develop courage, perseverance, determination,and high ethical standards.

The students of Canandaigua Academy have chosen the historical Native American Brave, typical of those that inhabited the Finger Lakes Region, to symbolize those characteristics. Because the Brave is a Native American symbol, great care needs to be taken to treat the legacy of the Brave with the highest level of respect. Therefore, the Superintendent of Schools shall develop guidelines for use of the Brave symbol and disseminate such guidelines. No inappropriate or unauthorized use of the Brave symbol in conjunction with the Canandaigua City School District shall be allowed.

3160 Dedications/Naming
Adoption Date: 3/23/2006, Revised: 4/11/2013; Non Substantive Revision 4/27/10

The Board of Education may from time to time decide to recognize outstanding service to the District, or substantial financial contribution, by naming a District building, room, field, or component thereof. The establishment of a facility name, memorial item, or plaque marker shall support the District’s Mission Statement and core values.

Eligibility Criteria

A facility may be named, or a tribute marker adopted, to honor or commemorate a person or organization of exemplary character. Consideration of an honorary naming or tribute marker shall pose no conflict of interest within the District, nor shall it have any influence over district decision making with respect to educational policy or practice. A facility or component may be named, or a tribute or memorial item placed to honor a person or organization, for service (a person who has rendered extraordinary service to the District) or support (in recognition of significant financial support which benefits the district and its mission).

Decisions to place a plaque marker and/or memorial item shall be made by a majority of the Board, based upon the Superintendent’s recommendation.

As an alternate to actually naming a District facility or field after an individual, the Board of Education may choose to dedicate a facility/field and provide a plaque so indicating. The Superintendent shall develop regulations to establish the process for receiving and reviewing all request related to this policy, and to keep a log of the location of all such donated items and markers.

3170 Animals on School Property
Adoption Date: 11/6/2014, Revised: ; Non-Substantive 1/20/15

In order to maintain safe and sanitary buildings and grounds, dogs, and pets of any kind, are prohibited from being on school property at all times. Special, occasional permission may be granted by a building principal. This policy does not apply to guide/service animals.

3200 Participation by the Public

3210 School Visitation
Adoption Date: 12/10/1998, Revised: 1/11/2007; Non Substantive Revision 4/27/10

The Board of Education welcomes visitations to our schools by parents and other members of the school community during the regular school day (8:00 a.m.-3:30 p.m. – Grades K-5) (7:30 a.m.-3:00 p.m. - Grades 6-12). In order to ensure safety, it is required that:

a)All persons, other than board members, staff and volunteers with proper identification shall request permission to visit any school, office, classroom or school program from the principal/designee of the school. District staff or volunteers not normally assigned to a school building should follow this procedure.

b)All visitors or guests who have business in any school, who wish to consult with any of the personnel of the City Schools on any matter, shall report first and directly to designated reception area upon entrance into the school building.

1.All visitors shall enter their name and purpose of visit and destination(s) in the visitor registration book. They shall sign out at the conclusion of their visit.

2.Visitors shall receive an authorized visitor’s pass which must be displayed on their person during their visit. The visitor’s pass must be surrendered while signing out at the conclusion of their visit

3.Individuals accompanying children to Pre-Kindergarten and who do not enter other areas of the school are not required to follow this procedure. However, those traveling within the school beyond the immediate area of the Pre-Kindergarten classroom should receive an authorized visitor’s pass.

c) It is recommended that appointments with personnel of schools be arranged in advance.

It is a Class B misdemeanor to remain unlawfully in a public school building, or to refuse to leave the premises when personally asked to by a principal, custodian or other person in charge.

Education Law Section 2801
Sections 140.10 and 240.35 of the Penal Law
Chapter 689 of the Laws of 1979

3211 Visitors to the School - Board Members
Adoption Date: 12/10/1998, Revised: 7/29/2010

The Board encourages its member to visit the District schools and departments. However, such visits shall be made in accordance with the following guidelines:

a)School visits shall be scheduled with the building principal or department supervisor;

b)The supervisor or principal may accompany the Board member on the visit;

c)Such visits are for the purpose of becoming acquainted with school programs, personnel, operation, and facility;

d)Board members should refrain from giving directions or making evaluations of personnel or operating procedures during their visit;

e)If a school visit leaves a Board member with a concern, this concern should initially be discussed with the Superintendent. If the concern involves safety or an issue of an immediate nature, then the concern should be shared first with the building principal and then with the Superintendent.

f)A board member with a child in the schools and therefore parental opportunities to converse with their child’s teacher, counselor or administrator should make it clear when he/she is visiting as a parent/guardian and not as a member of the Board of Education.

3212 School Volunteers
Adoption Date: 12/10/1998, Revised: 8/30/2007; 3/28/2013

The Board recognizes the need to develop a school volunteer program to support District instructional programs and extracurricular activities. The purpose of the volunteer program is to:

a)Build an understanding of school programs among interested citizens, thus stimulating widespread involvement in a total educational process;

c)Strengthen school/community relations through positive participation;

d)Provide additional support for the school program.

Volunteers are persons who donate their time and energies to assist administrators, teachers, coaches and other school personnel in implementing various phases of school programs. Volunteers shall serve in that capacity without compensation or employee benefits except for liability protection under the District’s insurance program.

All volunteers shall follow guidelines provided by appropriate school personnel, no mater the length of their volunteer duty.

Some volunteers will be event specific, and will therefore be in our schools only once or twice (for Career Day, for instance). These volunteers will be approved by the building principal, who will keep a log. Volunteers who have more regular duties, either for an extended, focused period of time (to support a theater production, for instance) or as a year-long classroom volunteer will need to be approved by the Board of Education on an annual basis. All volunteers are subject to one of these annual approval mechanisms.

The Board of Education directs the Superintendent/designee to develop regulations to implement this policy and to periodically inform the Board of the progress of the school volunteer program.

Education Law Sections 3023 and 3028

3220 Public Expression at Meetings
Adoption Date: 12/10/1998, Revised: 11/1/2000

All meetings of the Board shall be conducted in public, and the public has the right to attend all such meetings. Public expression at such meetings shall be encouraged. At its discretion, the Board may invite visitors to its meetings to participate in the Board’s discussion of matters on the agenda.

The Board of Education reserves the right to enter into executive session as specified in Policy #1540 and to regulate community participation at meetings as specified in Policy #1520.

3230 Student Participation
Adoption Date: 12/10/1998

Students provide an important channel of communication with parent/guardians and the entire community.Information concerning the schools may be properly disseminated through students. The School District’s administrators shall review all messages and materials prior to authorizing their dispersal through the student body.

3235 Community Education
Adoption Date: 2/12/2003

Community education programs are offered to all members of the general public with preference given to residents of the Canandaigua City School District.

Community education programs are intended to enhance the skills, knowledge and life experiences of our community members. Community education programs are not credit bearing, are not part of our K-12 program, and cannot be required as a prerequisite for any aspect of our K-12 program.

Community education programs may be offered directly by the School District through our Complements Program. In addition, the District will allow other agencies to provide such programs in conjunction with this policy. (See Other Community Education Programs)

District Operated Programs

Community education programs may be offered for adults or children. Adult offerings may include courses in cooking, computer use, adult exercise, etc.

Community Education Programs for Children

The District may offer community education programs for children as long as these programs are not part of the regular school program. Such programs must be non-credit bearing and may not be required or expected for participation in the regular school program including extracurricular activities.

Examples include special interest classes, summer swim lessons, music lessons after school with a practicing artist, summer music lessons with Canandaigua faculty, summer sports camps, enrichment programs, etc.

The District will make every effort to guarantee that no District child is excluded from any community education program on the basis of cost.

Charges and Fees

Tuition charges for community education courses will vary based on the program and instructor expertise. Total tuition charges should be no less than 110% of the actual District cost for the instructor to offset District coordination and facility usage. There will be no facility charge for District-operated programs unless the District is operating under a contingency budget. The coordinator of community education programs shall negotiate rates for community education faculty but in no case shall said rate exceed the District’s standard professional rate. Individuals supervising large groups of students and other faculty may also receive a supervisory stipend to be determined by the District.

Athletic Camps

“Camps” to enhance the athletic skills of our youth may be included as community education programs either through the District or other agencies. Such camps are to be held only during school vacation periods, i.e., summer vacation, spring break, etc., and must be open to all students within a designated age range. Camps may in no way be a prerequisite to team participation. Such camps must be supervised by a head coach for the sport as determined by the District. No student may be excluded from participation due to financial reasons.

It is emphasized that athletic camps are not to be construed as additional team practices or a “tryout” for any team. In fact, the Board of Education endorses such camps with the clear objective of giving students who might not ordinarily participate in a particular sport the opportunity to learn and experience that sport, as well as giving students an opportunity to learn more about the sport and develop personal skills.

District-sponsored athletic camps will be coordinated through the Office of the Director of Athletics in conjunction with the Complements Director. Camps sponsored by other community agencies must be approved by the Director of Athletics. Such camps may not be commercial in nature.

Other Community Education Programs

Other community agencies which offer bona fide community education programs are eligible to use Canandaigua City School District facilities on a cost basis. Membership of such agencies must be made up of a majority of School District residents or the agency must be physically located in the Canandaigua City School District. Such agencies may include the Finger Lakes Community College, community churches, municipalities, the YMCA, Cooperative Extension, and BOCES. Any such agency which is not associated with a governmental function must be an approved 501c-3 agency and must meet all District non-discrimination requirements.

3241 Booster Clubs, Parent Teacher Organization and Community Sponsored Organizations
Adoption Date: 12/10/1998, Revised: 8/30/2007; Non-Substantive Revision 01/09/04, Non-Substantive Revision 12/01/06, Revised 08/30/07, Revised 11/6/08

The Board of Education encourages the involvement of citizens who organize activities which enhance the District’s educational and extra-curricular programs. The Board recognizes booster clubs, the Parent Teacher Organization and other community organizations as a positive force in working with the District in providing appropriate opportunities for its students. It is essential that all clubs and organizations and their activities, which use the name of the school or imply support of the school or the District, adhere to District policies, regulations, procedures and observe appropriate financial safeguards and record keeping. The Board of Education expects that all activities shall honor the Canandaigua Character/Partnership Agreement and promote the five character traits of respect, responsibility, caring, honesty and healthful lifestyles. The Board expects that all fund raising projects will comply with District Policies and Regulations. All club and organization activities shall be in compliance with the District Equal Opportunity Policy #3030.

Use of the District name and/or District facilities by any club or organization must be approved by the Board of Education and/or school administration. Such clubs and organizations are sole and separate entities from the District. They are responsible for their own compliance with applicable Federal and State regulations. To assist them in fulfilling their responsibilities, annually, the District will hold an information session for representatives of each club and organization to review expectations, policies, regulations, procedures, financial reports and required forms.

Athletic booster clubs shall work in coordination with the District Athletic Director. Other clubs and organizations shall work in coordination with the assigned building or District administrator who will serve as a liaison between the school and the organization or group. All clubs and organizations are expected to have a current constitution and/or bylaws kept on file with the assigned administrator. All clubs and organizations shall be reviewed annually by the assigned District liaison (typically an administrator). Violations of District policy or regulation may result in revocation of permission to use the school name or facilities for that club or organization.

Activities may include volunteer assistance, fund raising programs, financial support of programs and donations of gifts to the District. It is understood that such activities must be reviewed by the assigned District administrator, and adhere to the School Volunteer Policy #3212, District Fund Raising Policy #3242, and Gifts to Schools Policy #5240. The Board expects that all fund raising programs which involve food will include healthy food options.

3242 Fund Raising
Adoption Date: 8/30/2007, Revised: 11/6/2008; Non-Substantive Revision 12/16/08

The Board of Education recognizes the value of fund raising programs undertaken by booster clubs, the Parent Teacher Organization and other community organizations for the purpose of supporting the District’s educational and extra curricular programs.

The Board provides the following guidelines for fund raising programs:

The Board expects that all fund raising projects will comply with District Policies and Regulations.

All aspects of fund raising programs must promote the District character traits of respect, responsibility, caring, honesty, and healthful life styles, and respect the District Wellness Policy.

The Board expects that all fund raising projects involving food will include healthy food options.

All fund raising programs will not be engaged in with representation, direct or implied, that it is being done under the auspices of the School District; however, it is acceptable for appropriate activities (Example – read-a-thon) to take place during the school day. Fund raising by students during the school day shall not disrupt educational time.

All fund raising programs, including publicity and intended use of funds, shall be reviewed during the planning stage with the assigned liaison(District administrator) for appropriateness to the school program.

For safety reasons, the Board does not condone door-to-door fund raising efforts or the use of student drivers for those efforts.

Lotteries, raffles, or games of chance, other than games that begin and end at the same event, are discouraged. The Board does not condone student participation in these activities.

All remuneration for regular services rendered by coaches, advisors, instructors and others shall be made by the Board of Education.

All gifts must comply with Policy #5240 Gifts to the School District, Staff and Students.

Any fund raiser activity which utilizes school district property (i.e., facilities, equipment, etc.) must have a properly approved Application for Use of School Facilities request form. Forms are available at all main offices of the District or on the District website. Requests for facility use to conduct fund raisers that do not comply with these guidelines will not be approved.

The Superintendent will develop regulations for this policy as needed.

3250 Advertising in the Schools
Adoption Date: 12/10/1998

Neither the facilities, the staff, nor the students of the School District shall be employed in any manner for advertising or otherwise promoting the interests of any commercial, political or other non-school agency, individual or organization, except that:

a)Schools may cooperate in furthering the work of any non-profit community-wide social service agency, provided that such cooperation does not restrict nor impair the educational program of the schools or conflict with Section 19.6 of the Rules of the Board of Regents;

b) The schools may use films or other educational materials bearing only simple mention of the producing firm;

c)The Superintendent of Schools may, at his/her discretion, announce or authorize to be announced, any lecture or other community activity of particular educational merit;

d)The schools may, upon approval of the Superintendent of Schools, cooperate with any agency in promoting activities in the general public interest which are non-partisan and non-controversial, and which promote the education and other best interests of the students;

e)Donors of money or other items may be recognized in print, or on approved plaques or markers;

f)The District may establish partnerships with a specific private enterprise and such partnerships may be recognized.

No materials of a commercial nature shall be distributed through the Canandaigua City Schools except as authorized by law or the Commissioner’s Regulations and/or approved by the Superintendent of Schools or his/her designee.

3251 Soliciting Funds from School Personnel
Adoption Date: 12/10/1998

Soliciting of funds from school personnel by persons or organizations representing public or private organizations shall be prohibited. The Superintendent of Schools shall have the authority to make exceptions to this policy in cases where such solicitation is considered to be in the District’s best interest. The Board of Education shall be notified of these instances.

Distribution of information about worthwhile area charities may be made through the Office of the Superintendent of Schools as a service to School District personnel.

3252 Release of Names to the Public
Adoption Date: 12/10/1998

Release of information such as lists of names of students in the District, residents of the District and/or staff members shall be made in accordance with applicable law governing release of educational records and/or public access to records.

Family Educational Rights and Privacy Act of 1974
20 United States Code (U.S.C.) Section 1232(g)
Public Officers Law Section 84 et seq.

3260 Community Use of School Facilities and Equipment
Adoption Date: 12/10/1998, Revised: 10/9/2003; 11/6/08

It shall be the policy of the Board to encourage the greatest possible use of school buildings for community-wide activities. This is meant to include use by recognized civic, social and fraternal and religious organizations in accordance with law. Groups wishing to use the school facilities must secure written permission from the Superintendent and abide by the rules and regulations established for such use. The Superintendent, at his/her discretion, may consult with the Board of Education.

a) All meetings, entertainments or occasions held in the schools must be non-exclusive and open to the public.

b) No organization may use the facilities if admission fees are charged unless the net proceeds are to be devoted to an educational or charitable purpose. (Veterans organizations and organizations of volunteer firemen are exceptions.)

c) In approving the use of school facilities by non-school groups, discretion will be exercised by the administration as to the appropriateness of the activity. The administration may refer requests to the Board of Education if it deems it advisable to do so.

d) The use of school facilities is prohibited from merchandising for commercial purposes and/or gambling.

e) The school facilities are not to be used for political meetings or by political groups, except when non-partisan organizations may wish to sponsor public meetings involving debate or discussion by at least two political groups.

f) Equipment shall not be loaned for use outside the school building or off the school grounds without prior approval from the Superintendent except for equipment or instruments loaned to students and staff as part of the school program.

g) School facilities may not be used under the sponsorship of groups whose membership is not made up substantially of District residents.

Granting of Approval

The Superintendent or his/her designee is authorized to:

a) Approve and schedule the use of school facilities by a non-school organization for whose activities no admission charge is made in accordance with the “General Policy.”

b) Approve and schedule the use of school facilities by a non-school organization for whose activities an admission charge is made, provided approval has been previously granted to such organization for similar activities, in accordance with the “General Policy.”

c) Establish fees based on operational costs for the use of school facilities and in accordance with the District Facility and Equipment use form.

d) Establish and communicate to non-school groups guidelines of behavioral expectations and care of the school facility during use including restrictions on alcohol, tobacco, and drug use.

Reservations

The Board reserves to itself power to approve the use of school facilities by any other non-school organization for whose activities an admission charge is made.

School Grounds and Property in General

a) Defacing, damaging or destruction of school building, school property or school grounds is prohibited. Persons responsible for damage will be held responsible for restitution of same. Law enforcement officials will be contacted as appropriate in such instances.

b) School athletic fields, tennis courts, and grounds are closed to unscheduled use or assembly after dark.

c) Littering of school grounds and parking lots is prohibited.

d) Hitting golf balls is prohibited on school grounds except if part of a school-sponsored program.

e) Only authorized personnel are permitted on the roof of a school building.

Equal Access Law
Education Law Section 414 and 4144(a)

3270 Operation of Motor-Driven Vehicles on District Property
Adoption Date: 12/10/1998

The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATVs) and other such vehicles is prohibited on any school grounds or areas except for authorized school functions or purposes.

The driving of motor vehicles, not licensed for highway use, is prohibited on school property.

Section 1670 of Vehicle and Traffic Law

3280 Complaints and Grievances
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 3/12/04

In accordance with the provisions of General Municipal Law and the collective bargaining agreements, all District personnel shall have the opportunity to present their complaints or grievances free from interference, coercion, restraint, discrimination or reprisal. The District shall provide at least two (2) procedural stages and an appellate stage for the settlement of any grievance.

Complaints or grievances not covered under employee contracts shall be handled and resolved, whenever possible, as close to their origin as possible. The Superintendent is responsible for implementing regulations for the redress of complaints or grievances through proper administrative channels.

Complaints and Grievances Coordinator

Additionally, the Board shall ensure compliance with Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act (ADA). The Superintendent shall designate a District employee as the Title IX/Section 504/ADA Coordinator; and regulations and procedures shall be implemented to resolve complaints of discrimination based on sex, sexual orientation or disability.

Prior to the beginning of each school year, the District shall issue an appropriate public announcement which advises students, parents/guardians, employees and the general public of the District's established grievance procedures for resolving complaints of discrimination based on sex, sexual orientation or disability. Included in such announcement will be the name, address and telephone number of the Title IX/Section 504/ADA Coordinator.

  • The Title IX/Section 504/ADA Coordinator shall also be responsible for handling complaints and grievances regarding discrimination based on race, color, creed, religion, national origin, political affiliation, age, military status, veteran status, or marital status.
  • Title VII of the Civil Rights Act of 1964, 42 United States Code (U.S.C.) Section 2000-e, et seq. Prohibits discrimination on the basis of race, color, religion, sex or national origin.
  • Title VI of the Civil Rights Act of 1964, 42 United States Code (U.S.C.) Section 2000-d, et seq. Prohibits discrimination on the basis of race, color or national origin.
  • Section 504 of the Rehabilitation Act of 1973, 29 United States Code (U.S.C.) Section 794 et seq. The Americans With Disabilities Act, 42 United States Code (U.S.C.) Section 12101 et seq. Prohibits discrimination on the basis of disability.
  • Title IX of the Education Amendments of 1972, 20 United States Code (U.S.C.) Section 1681 et seq. Prohibits discrimination on the basis of sex.
  • New York State Civil Rights Law Section 40-c Prohibits discrimination on the basis of race, creed, color, national origin, sex, marital status, sexual orientation or disability.
  • New York State Executive Law Section 290 et seq. Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability, military status, or marital status.
  • Age Discrimination in Employment Act, 29 United States Code (U.S.C.) Section 621. Military Law Sections 242 and 243

3281 Title 1 Complaints/Appeals
Adoption Date: 4/8/2009

The Canandaigua City School District recognizes any public or non-public school parent, teacher or agency may file a complaint regarding Title I program services. The District shall ensure all complaints are addressed in accordance with the following procedures.

a.All complaints are to be written, signed and submitted to the Superintendent using the District form that contains the complainant’s name and/or agency, specification of issue or concern, supporting evidence of complaint and the desired nature for corrective action.

b.An investigation shall be conducted with relevant parties to determine a fair and appropriate course of action led by the Assistant Superintendent of Instruction.

c.A written response to the complaint is to be made and sent within 30 business days.

The District understands that if the local LEA fails to resolve the complaint within 30 business days, or fails to resolve the issue to the satisfaction of the complainant, the complainant has the right to send the complaint on to the New York State Department of Education Office of Title I School and Community Services, Room 365 EBA, 89 Washington Avenue, Albany, NY 12234 within 20 business days of the LEA’s response to the original complaint.

The District also understands that failure to take corrective action within the time period stipulated in the resolution shall be cause to withhold all, or portion of, the ESEA Title I allocation to the ELA.

Parties dissatisfied with the State Education Department’s complaint resolution may file an appeal directly with the United States Department of Education’s Compensatory Education Programs Office, 400 Maryland Avenue, S.W., Room 3 W230, FOB #6, Washington, D.C. 20202-6132.

An appeal must contain a copy of the original signed complaint, a copy of the District’s response to the original complaint or a statement that the District failed to respond in 30 business days.

d.All complaints and related documents or reports involved in the process will be maintained by the District’s Human Resource Department for five years. Records will be made available in accordance with the provisions of the New York State Freedom of Information Law (Public Officers Law Sections 84-89).

e.The State Education Department maintains a record of all complaints/appeals for five years. Records may be made available to interested parties in accordance with provisions of the New York State Freedom of Information Law.

Section 100.2(ee) of Commissioner’s Regulations
Section 9304(a) (3) (c) of ESEA

3300 District Records

3310 Public Access to Records/Freedom of Information
Adoption Date: 12/10/1998, Revised: 5/7/2009; 1/20/11; 5/26/11

Legally authorized records of the Canandaigua City School District will be available for inspection and copying at 143 North Pearl Street, Canandaigua, New York 14424 through the Board of Education's designated Records Access Officer on any scheduled work day during regularly scheduled work hours.

Copies of records requested will be reproduced at a cost of twenty-five (25) cents per page. Electronic copies of documents may be electronically transmitted or reproduced at no charge to the requestor. Records available to the public and those that are exempt from public disclosure are defined by Section 2116 of the NY Education Law and the Freedom of Information Law.

Individuals must make their request for records in writing to the school district and must identify the desired records in sufficient detail for the request to be honored.

Education Law Section 2116
Public Officers Law Section 84 et seq.

3320 Confidentiality of Computerized Information
Adoption Date: 12/10/1998

The development of centralized computer banks of educational data gives rise to the question of the maintenance of confidentiality of such data. There are legitimate concerns that central files of information and other data be maintained at the highest level of security. The safeguarding of the data from inappropriate use is essential to the success of the District’s operation.

Therefore, it shall be the policy of the District to release confidential data including computerized data only to appropriate personnel of the School District as directed by the Superintendent or his/her designee.

Furthermore, such information shall be treated as confidential data by all School District employees. It shall be a violation of the District’s policy to release computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of such data shall be subject to disciplinary action.

Public Officers Law Sections 84 et seq.

3400 Public Order on School Property

3410 The Maintenance of Public Order on School Property
Adoption Date: 12/10/1998

The maintenance of public order on school property is the responsibility of all members of the school community. Teachers, staff, students and citizens must work together to facilitate the educational process. Students, employees of the District, and visitors on school premises should at all times conduct themselves in a manner so as to reflect a proper respect for public property and the rights of others.

Regulations

No person, either singly or in concert with others, shall:

a)Willfully cause physical injury to any other person, nor threaten to do so for the purpose of compelling or inducing such other person to refrain from any act which he has a lawful right not to do so.

b)Physically restrain or detain any other person, nor remove such person from any place where he/she is authorized to remain.

c)Willfully damage or destroy property of the institution or under its jurisdiction, nor remove or use such property without authorization.

d)Enter upon, remain, and/or use any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others. A person is guilty of unauthorized entry when he knowingly, recklessly, or negligently enters into any public school building or grounds, i.e., buildings, parking lots, athletic fields, boiler rooms, and all campus areas. A person is guilty of unauthorized use when he knowingly, recklessly, or negligently enters into and uses any school facility without authority.

e)Without authorization, remain in any building or facility after it is normally closed.

f)Refuse to leave any building or facility after being required to do so by an authorized person.

g)Loiter in school buildings or on school property. A person is guilty of loitering when he/she loiters or remains in or about a school building or grounds, not having any reason or relationship involving custody of or responsibility for a student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same

h)Obstruct the free movement of persons and vehicles in any place to which these rules apply.

i)Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures and meetings or deliberately interfere with the freedom of any person to express his/her views, including invited speakers.

j)Knowingly have in his/her possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer whether or not a license to possess the same has been issued to such person.

k)Knowingly consume, share, sell, use or be in possession of alcoholic beverages, illegal drugs, counterfeit and designer drugs or paraphernalia for the use of such drugs; inappropriately use prescription or over-the-counter drugs; or exhibit behavioral, personal or physical characteristics indicative of having used or consumed any of the aforementioned substances.

l)Engage in picketing and/or demonstrating which interferes with entrances to buildings or the normal flow of pedestrian or vehicular traffic; which interferes with organized meetings or other assemblies for the purpose of harassment; which obstructs or physically interferes with the integrity of the classroom, the privacy of administrative offices, or the functioning of the physical plant.

Penalties (Subject to provisions of applicable law)

A person who shall violate any of the provisions of these rules shall:

a)If he/she is a licensee or invitee, have his/her present and future authorization to remain upon the campus or other property withdrawn and shall be directed to leave the premises. In the event of his/her failure or refusal to do so, he/she will be subject to ejection.

b)If he/she is a trespasser or visitor without specific license or invitation, be subject to ejection.

c)If he/she is a student, be subject to expulsion or such less disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand or warning.

d)If he/she is a faculty member having a term of continuing appointment, and be guilty of misconduct, he/she shall be subject to dismissal or termination of his/her employment or such lesser disciplinary action as the facts may warrant including suspension without pay, fine or censure.

e)If he/she is a staff member in the classified service of the Civil Services, described in Section 75 of the Civil Service Law and be guilty of misconduct, he/she shall be subject to the penalties prescribed in said section.

Procedures

In the case of any apparent violation of these rules by such persons which, in the judgment of the chief administrative officer or his/her designee, does not pose any immediate threat of injury to person or property, such officer may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so such officer shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any premises of the institution where their continued presence and conduct is in violation of these rules. In the event of his/her failure or refusal to do so, such officer shall cause his/her ejection from such school property. Subject to provisions of applicable law, in the case of a student, charges for violation of any of these rules shall be presented and shall be heard and determined in the manner established at the building where he/she is enrolled for the disposition of charges which may lead to suspension or expulsion.

The chief administrative officer or his/her designee may apply to the public authorities for any aid which he/she deems necessary in causing the ejection of any violator of these rules, and he/she may request the school counsel to apply to any court of appropriate jurisdiction for any injunction to restrain the violation or threatened violation of these rules, subject to provisions of applicable law.

Education Law Section 2801

3411 School Vandalism Cases - Rewards for Information
Adoption Date: 12/10/1998, Revised: ; Non Substantive 1/10/11

The Board of Education authorizes the Superintendent of Schools to offer an appropriate monetary reward to individuals for information leading to the arrest and conviction of any person or persons connected to vandalism of School District property.

3412 Threats of Violence in School
Adoption Date: 9/23/1999, Revised: ; Non Substantive 1/10/11

The School District is committed to the prevention of violence against any individual or property in the schools or at school activities whether such acts and/or threats of violence are by students, staff or others. Additionally, threats of violence against students, school personnel and/or school property, including bomb threats, will not be tolerated whether or not such threats occur on school grounds or during the school day.

While acknowledging an individual’s constitutional rights, including applicable due process rights, the District refuses to condone acts and/or threats of violence which threaten the safety and well being of staff, students, and the school environment. Employees and students shall refrain from engaging in physical actions or threatening statements which create a safety hazard for others.

Any acts and/or threats of violence, whether such threats are made orally, in writing, or electronic means, e.g., e-mail, phone calls, texting, and social networking, shall be subject to appropriate disciplinary action in accordance with applicable law, District policies and regulations, the Student Code of Conduct, and collective bargaining agreements, as may be necessary.

All staff who are made aware of physical acts and/or threats of violence directed to students, staff or the school building are to report such incidents to the building principal, who shall report these occurrences to the Superintendent. Additionally, the building principal will also report occurrences of violence, whether involving an actual confrontation or a threat of potential violence, to the student’s parents/guardians; the school psychologist and/or counselor; and the Director of Special Education, if applicable. Local law enforcement agencies may also be called as necessary upon the determination of the Superintendent/designee.

Students are to report all acts and/or threats of violence, including threats of suicide, of which they are aware, notifying a faculty member or the building principal.

The District reserves the right to seek restitution, in accordance with law, from the parent/guardian and/or student for any costs or damages incurred by the District as a result of the threats or acts of violence in the schools.

This policy will be disseminated, as appropriate, to students, staff, and parents and will be available to the general public upon request.

Regulations will be developed to address safety concerns in the schools, and appropriate sanctions for violations of this policy by students will be addressed in the Student Code of Conduct.

3413 Anti-Harassment in the School District
Adoption Date: 11/30/2000, Revised: 4/10/2003; Non-Substantive Revision 10/04/2004, Non-Substantive Revision 04/02/07, Non-Substantive Revision 4/5/10

The Board of Education affirms its commitment to nondiscrimination and recognizes its responsibility to provide an environment that is free of harassment and intimidation. Harassment is a violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits and condemns all forms of harassment in conformance with District Policy 3030 - Equal Opportunity.

The Board also prohibits harassment based on an individual's opposition to discrimination or participation in a related investigation or complaint proceeding under the anti-discrimination statutes. This policy of nondiscrimination and anti-harassment will be enforced on School District premises and in school buildings; and at all school-sponsored events, programs and activities, including those that take place at locations off school premises.

It is intended that this policy apply to the dealings between or among employees with employees; employees with students; students with students; employees/students with vendors/contractors and others who do business with the School District, as well as school volunteers, visitors, guests and other third parties. All of these persons are hereinafter referred to collectively as "the named group."

For purposes of this policy, harassment shall mean communication (verbal, written or graphic) and/or physical conduct based on an individual’s actual or perceived status that:

a)Has the purpose or effect of substantially or unreasonably interfering with an individual's work performance or is used as a basis for employment decisions (including terms and conditions of employment) affecting such individual; and/or creates an intimidating, hostile or offensive work environment;

b)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 creates an intimidating, hostile or offensive learning environment; and/or effectively bars the student's access to an educational opportunity or benefit;

c)Otherwise adversely affects the employment and/or educational opportunities and benefits provided by the District.

The School District will act to promptly investigate all complaints, either verbal or written, formal or informal, of allegations of harassment based on any of the characteristics described above; and will promptly take appropriate action to protect individuals from further harassment.

In order for the Board to enforce this policy, and to take corrective measures as may be necessary, it is essential that any employee, student, or other member of the above named group who believes he/she has been a victim of harassment in the school environment and/or at programs, activities and events under the control and supervision of the District, as well as any individual who is aware of and/or who has knowledge of, or witnesses any possible occurrence of 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 are recommended to be in writing, although verbal complaints of alleged 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. However, even in the absence of an informal/formal complaint, if the District has knowledge of any occurrence of harassment, the District will investigate such conduct promptly and thoroughly. 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/or to notify law enforcement officials as warranted, and any disclosure will be provided on a "need to know" basis.

Based upon the results of this 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 applicable laws and/or regulations, District policy and regulation, and the District Code of Conduct. 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, 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 and/or the Code of Conduct, will be subject to appropriate sanctions as warranted and in compliance with law. The application of such disciplinary measures by the District does not preclude the filing of civil and/or criminal charges as may be warranted.

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 harassment. Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those involved in the investigation of the harassment complaint have not suffered retaliation.

Regulations will be developed for reporting, investigating, and remedying allegations of harassment based on the characteristics described above. 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 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 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 the investigation of 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 on anti-harassment will be posted on the District website and published in appropriate school publications such as teacher/employee handbooks, student handbooks, and/or school calendars.

This policy should not be read to abrogate other District policies and/or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, inappropriate behavior, and/or hate crimes within this District. It is the intent of the District that all such policies and/or regulations be read consistently to provide the highest level of protection from unlawful discrimination in the provision of employment/educational services and opportunities. However, different treatment of any member of the above named group which has a legitimate, legal and nondiscriminatory reason shall not be considered a violation of District policy.

Finding That Harassment Did Not Occur

At any level/stage of investigation of alleged harassment, if a determination is made that harassment did not occur, the Complaint Officer will so notify the complainant, the alleged offender and the Superintendent of this determination. Such a finding does not preclude the complainant from filing an appeal pursuant to District policy or regulation and/or pursuing other legal avenues of recourse.

However, even if a determination is made that harassment did not occur, the Superintendent/designee reserves the right to initiate staff awareness and training, as applicable, to help ensure that the school community is not conducive to fostering harassment in the workplace.

In all cases, the Superintendent will inform the Board of Education of the results of each investigation involving a finding that harassment did not occur.

Knowingly Makes False Accusations

Employees and/or students who knowingly make false accusations against another individual as to allegations of harassment may also face appropriate disciplinary action.

Age Discrimination in Employment Act, 29 United States Code (U.S.C.) Section 621

The Americans With Disabilities Act, 42 United States Code (U.S.C.) Section 12101 et seq. Prohibits discrimination on the basis of disability.

Section 504 of the Rehabilitation Act of 1973, 29 United States Code (U.S.C.) Section 794 et seq. Prohibits discrimination on the basis of disability.

Title VI of the Civil Rights Act of 1964, 42 United States Code (U.S.C.) Section 2000-d et seq. Prohibits discrimination on the basis of race, color or national origin.

Title VII of the Civil Rights Act of 1964, 42 United States Code (U.S.C.) Section 2000-e et seq. Prohibits discrimination on the basis of race, color, religion, sex or national origin.

Title IX of the Education Amendments of 1972, 20 United States Code (U.S.C.) Section 1681 et seq. Prohibits discrimination on the basis of sex.

Civil Rights Law Section 40-c Prohibits discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, marital status or disability.

Executive Law Section 290 et seq. Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability or marital status.

Military Law Sections 242 and 243

3430 Uniform Violent and Disruptive Incident System
Adoption Date: 4/27/2006

In compliance with the Uniform Violent and Disruptive Incident System, the District will record each violent or disruptive incident that occurs on school property or at a school function. School property shall mean in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus as defined in Vehicle and Traffic Law Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.

In accordance with the manner prescribed, the District will submit an annual report of violent and disruptive incidents (on the Summary of Violent and Disruptive Incidents form) from the previous school year to the Commissioner of Education. Summary data will be used to determine the rate of violent and disruptive incidents in each school and to identify schools as persistently dangerous, as required by the No Child Left Behind Act.

The District will utilize the Individual Violent or Disruptive Incident Report form for the reporting of individual incidents by each building and/or program under its jurisdiction and for the tally count of incidents into the Summary Form. Copies of such incident reports will be retained for the time prescribed by the Commissioner in the applicable records retention schedule. These reports will be available for inspection by the State Education Department upon request.

All personally identifiable information included in a violent or disruptive incident report will be confidential and will not be disclosed to any person for any purpose other than that specified in Section 2802 of the Education Law, except as otherwise authorized by law.

The District will include a summary of the District's annual violent or disruptive incident report in its School District Report Card in the format prescribed by the Commissioner.

Reporting Guidelines

The District will utilize the New York State Education Department's website to obtain copies of the forms, directions, glossary and additional information at www.emsc.nysed.gov/irts/.

Education Law Sections 2801(1) and 2802
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2 (gg)

3500 Emergency Situations

3510 Emergency Closings
Adoption Date: 12/10/1998, Revised: 2/3/2011

In the event it is necessary to close school for the day due to inclement weather or other emergency reasons, announcement thereof maybe made using any of the following: direct call systems and direct District website notices. Local radio and television stations designated by the board of education may also be notified.

When school is closed, all related activities, including athletic events and student activities, will ordinarily be suspended for that day and evening unless specific permission is granted by the Superintendent of Schools.

4000 Administration

4100 Administrative Operations

4110 Line of Responsibility
Adoption Date: 12/10/1998, Revised: ; Non Substantive 4/26/11

Each employee in the District shall be responsible to the Board of Education through the Superintendent.

All personnel shall refer matters requiring administrative action to their immediate supervisor.

Administrative officers shall refer such matters to the next higher authority when necessary.

All employees shall have the right to appeal any decision made by an administrative officer to the next higher authority and through appropriate successive steps to the Board of Education.

4111 Organizational Chart
Adoption Date: 12/10/1998, Revised: 1/1/2006; Revised 3/10/11; 3/14/13

Please click on this link to view the Canandaigua City School District Organizational Chart.

4120 Administrative Authority During Absence of Superintendent of Schools
Adoption Date: 12/10/1998

The Superintendent of Schools shall delegate to another administrator the authority and responsibility for making decisions and taking such actions as may be required during the absence of the Superintendent.

4200 Central Office Administration

4210 Powers and Duties of Superintendent of Schools
Adoption Date: 12/10/1998, Revised: 10/4/2012

The Superintendent of Schools is the chief executive officer of the School District. He/She is responsible for carrying out the District policies and for keeping the Board informed of matters which should be weighed by the Board in reaching decisions He/She is responsible to the Board in his/her stewardship of the entire school system.

The Superintendent will have the specific powers and duties discussed below and will be directly responsible to the Board for their proper exercise. As chief executive officer of the Board of Education, he/she shall:

a.)Hold a non-voting seat at all Board of Education meetings with the right to speak on all matters before the Board, except that the Superintendent may be excluded when his/her employment contract or performance is discussed by Board of Education members only in executive session;

b.)Enforce all provisions of law and all policies, rules, and regulations relating to the management and safety of the schools and other education, social, and recreational activities under the direction of the Board of Education;

c.)Provide leadership in curriculum development for each course of study authorized by the Board of Education, and recommend suitable instructional materials (e.g., textbooks, software, webware, etc.) to be used to support such curriculum;

d.)Supervise and direct the enforcement and observance of the courses of study, the examination and promotion of students, and oversee all matter pertaining to playgrounds, medical, inspection, recreation and social center work, libraries, lecture, and all other educational activities under the management, direction and control of the Board of Education;

e.)Plan and coordinate the recruitment and retention of teachers and other staff to assure the District of the best available personnel;

f.)Supervise and direct all employees; recommend to the Board the appointment of all instructional and support personnel; recommend for promotion and dismissal of all personnel;

g.)Delegate to another administrator the authority and responsibility of making decisions and taking actions as may be required during the absence of the Superintendent;

h.)Determine the need, and develop long range plans and strategies, for capital expansion and renovation;

i.)Prepare and recommend to the Board the annual School District budget in accordance with long-term plans and budget goals set by the Board.

Education Law Section 2508

4211 Evaluation of the Superintendent
Adoption Date: 12/10/1998, Revised: 11/29/2012

The Board of Education recognizes that student growth, District progress, and community satisfaction are all affected by the performance of the Superintendent of Schools.

The Board of Education shall annually conduct a formal performance evaluation of the Superintendent. The formal procedures used to complete the evaluation are to be filed in the District Office, and to be made available for review by an individual, no later than August first of each year.

4212 Evaluation of Administrative Staff
Adoption Date: 12/10/1998

The Board shall direct the Superintendent to conduct an annual evaluation of all administrative personnel.

The purposes of this evaluation are:

a)To determine the adequacy of administrative staffing;

b)To improve administrative effectiveness;

c)To encourage and promote self-evaluation by administrative personnel;

d)To provide a basis for evaluative judgments by the Superintendent and the Board;

e)To make decisions about continued employment with the District.

8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(o)

4220 Board-Superintendent Relationship
Adoption Date: 12/10/1998, Revised: 1/11/2007; Non Substantive 5/26/11

In the interests of promoting efficient operation and a positive educational climate in the Canandaigua public schools, the Board of Education and the Superintendent must establish a positive working relationship based on a spirit of mutual confidence. Board members should consider themselves as representatives of the entire community, not of special interest groups. Recommendations from the Superintendent and actions taken by the Board should demonstrate a commitment to the total welfare of the School District.

The legislation of policies is a function of the School Board; the execution of the policies is the function of the Superintendent of Schools.

While the Board reserves to itself the ultimate decision of all matters concerning policy and expenditure of funds, delegation by the Board of its executive powers to the Superintendent provides flexibility for the Superintendent to manage the school system according to the provisions of the policies and decisions, and allows Board members to devote their time to policy making and appraisal functions.

The Board holds the Superintendent responsible for the administration of its policies, the execution of Board actions and decisions, the operation of school programs and services, and for keeping the Board informed about school system activities, operations and concerns.

The Board will strive to procure, when a vacancy exists, the best professional leader available for the Superintendent’s position. The Board as a whole, and the individual members, will:

a)Give the Superintendent complete administrative authority for properly discharging all professional and legal responsibilities and duties.

b)Hold all meetings of the Board in the presence of the Superintendent except when the Superintendent’s formal evaluation, contract and salary are under consideration.

c)Refer all concerns to the Superintendent for appropriate investigation and action.

d)Provide adequate safeguards for the Superintendent and his/her staff members so they can discharge their professional and legal responsibilities and duties.

The Superintendent will assist the Board in making decisions and establishing policies by giving Board members relevant facts, information and reports. The Superintendent may not perform, cause or allow to be performed any act that is unlawful, in violation of commonly accepted business and professional ethics, in violation of any contracts into which the Board has entered, or in violation of policies and regulations adopted by the Board.

The division of responsibilities between the Board of Education and the Superintendent working in a cooperative relationship are described on the following pages.

Board Superintendent

To select a competent, established educational leader as Superintendent.

To administer effectively and provide the professional, educational leadership necessary

To serve as a policy making body.

To serve as an advisor in formulating policies; to formulate and enforce regulations.

To allow the Superintendent to administer the schools

To make Board policy effective through efficient administration.

To exercise sound judgment in business affairs of the school corporation.

To keep the Board informed on financial matters, do sound long-range planning and keep current expenditures within the approved budget.

To deal always in an ethical, honest, straight-forward, open and above board manner with the Superintendent and community.

To deal always in an honest, professional, straight-forward, open and above board manner with the Board, the staff, and the community.

To provide, within budget limitations, necessary personnel.

To present personnel needs to the Board.

To approve an organizational pattern for the administration

To select competent personnel for each position with the Board’s authorization.

To take legal action required by law.

To recommend to the Board all action required by law.

To examine and approve an annual budget.

To recommend an annual budget with necessary supporting data.

To function as a Board rather than individuals.

To deal with the Board as a whole rather than with individual members.

To carry on communications with staff members through the Superintendent.

To see that the staff can have necessary communication through the Superintendent with the Board.

To hold the Superintendent accountable for results.

To accept responsibility for results.

To remember that schools exist for the benefit of the students and community.

To remember that schools exist for the benefit of the students and the community.

4300 Compensation and Related Benefits

4310 Professional Development Opportunities
Adoption Date: 12/10/1998, Revised: ; Non Substantive 11/14/11

The Board of Education shall encourage administrators to keep themselves informed of current educational theory and practice by study, by visiting other school systems, by attendance at educational conferences, and by such other means as are appropriate.

The approval of the Superintendent/designee shall be required for any conference attendance or visitations requested by administrators.

Participation shall be limited by available resources and reimbursement guidelines.

General Municipal Law Section 77-b

5000 Non-Instructional/Business Operations

5100 Budget

5110 Budget Planning and Development
Adoption Date: 12/10/1998, Revised: 1/3/2013; Non Substantive Change 1/31/2007; 11/14/2011

Budget planning and development for the District will be an integral part of program planning so that the annual operating budget may effectively express and implement programs and activities of the District. Budget planning will be a year-round process involving participation of District-level administrators, Principals, Directors, Curriculum Area Lead Teachers, teachers, and other personnel. The process of budget planning and development should allow for community input and contain numerous opportunities for public information and feedback.

The Superintendent will have overall responsibility for budget preparation, including the construction of and adherence to a budget calendar. Program managers will develop and submit budget requests for their particular areas of responsibility after seeking the advice and suggestions of staff members.

Principals and Directors will develop and submit budget requests for their particular schools/departments in conjunction with the advice and suggestions of staff members and their own professional judgment. Each school's budget request will be the Principal's recommendation as to the most effective way to use available resources in achieving progress toward the approved educational objectives of the school. Program budgets and school budgets will reflect state and/or federal requirements, special sources of funding, and District objectives and priorities.

The Board will review allocations for their consistency with the educational priorities.

All budget documents for distribution to the public shall be in plain language and organized in a manner which best promotes public comprehension of the contents. Documents shall be complete and accurate and contain sufficient detail to adequately inform the public regarding such data as estimated revenues, proposed expenditures, transfers to other funds, fund balance information, and changes in such information from the prior year's submitted budget.

In accordance with Commissioner's Regulations, the budget will be presented in three (3) components which are to be voted upon as one (1) proposition. The law prescribes the types of items to be included in each component and further prescribes that all relevant costs be included in the component.

a) A program component which shall include, but need not be limited to, all program expenditures of the School District, including the salaries and benefits of teachers and any school administrators or supervisors who spend a majority of their time performing teaching duties, and all transportation operating expenses;

b) A capital component which shall include, but need not be limited to, all transportation capital, debt service, and lease expenditures; costs resulting from judgments and tax certiorari proceedings or the payment of awards from court judgments, administrative orders or settled or compromised claims; and all facilities costs of the School District, including facilities lease expenditures, the annual debt service and total debt for all facilities financed by bonds and notes of the School District, and the costs of construction, acquisition, reconstruction, rehabilitation or improvement of school buildings, provided that such budget shall include a rental, operations and maintenance section that includes base rent costs, total rent costs, operation and maintenance charges, cost per square foot for each facility leased by the District, and any and all expenditures associated with custodial salaries and benefits, service contracts, supplies, utilities, and maintenance and repairs of school facilities; and

c) An administrative component which shall include, but need not be limited to, office and central administrative expenses, traveling expenses and all compensation, including salaries and benefits of all school administration and supervisors, business administrators, superintendents of schools and deputy, assistant, associate or other superintendents under all existing employment contracts or collective bargaining, any and all expenditures associated with the operation of the Office of the School Board, the Office of the Superintendent of Schools, General Administration, the School Business Office, consulting costs not directly related to direct student services and programs, planning and all other administrative activities.

Additionally, the Board of Education shall append to the proposed budget the following documents:

a)A detailed statement of the total compensation to be paid to the Superintendent of Schools, and any Assistant or Associate Superintendent of Schools in the ensuing school year, including a delineation of the salary, annualized cost of benefits and any in-kind or other form of remuneration;

b)A list of all other school administrators and supervisors, if any, whose annual salary for the coming school year will be at or above that designated in law for such reporting purposes, with the title of their positions and annual salary identified;

c)A School District Report Card, prepared pursuant to Commissioner's Regulations, which includes measures of the academic performance of the School District, on a school by school basis, and measures of the fiscal performance of the District;

d)A Property Tax Report Card prepared in accordance with law and Commissioner's Regulations (see subheading Property Tax Report Card); and

e)A Tax Exemption Report prepared in accordance with law (see subheading Tax Exemption Report).

The Board shall attest that unexpended surplus funds (i.e., operating funds in excess of the current school year budget, not including funds properly retained under other sections of law) have been applied in determining the amount of the school tax levy. Surplus funds shall mean any operating funds in excess of four percent (4%) of total budget.

The proposed budget for the ensuing school year shall be reviewed by the Board of Education and publicly disseminated, in accordance with law, prior to its submission to District voters for approval.

District funds may be expended to inform the public regarding the annual budget and to present the annual budget to District voters; however, such funds shall not be utilized to promote either a favorable or negative opinion of the proposed budget.

Property Tax Report Card

Each year, the Board of Education shall prepare a Property Tax Report Card, pursuant to Commissioner's Regulations, and shall make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required by law, making it available for distribution at the Annual Meeting, and otherwise disseminating it as required by the Commissioner.

The Property Tax Report Card shall include:

a) The amount of total spending and total estimated school tax levy that would result from adoption of the proposed budget, and the percentage increase or decrease in total spending and total school tax levy from the School District budget for the preceding school year; and

b) The projected enrollment growth for the school year for which the budget is prepared, and the percentage change in enrollment from the previous year; and

c) The percentage increase in the average of the Consumer Price Indexes from January first of the prior school year to January first of the current school year as defined in Education Law; and

d) The projected amount of the adjusted unrestricted fund balance that will be retained if the proposed budget is adopted; the projected amount of the adjusted restricted fund balance; the projected amount of the assigned appropriated fund balance; the percentage of the proposed budget that the adjusted unrestricted fund balance represents; the actual adjusted unrestricted fund balance retained in the School District budget for the preceding school year; and the percentage of the School District budget for the preceding school year that the actual adjusted unrestricted fund balance represents; and

e) The District's school tax levy limit calculation. The District will submit its school tax levy limit calculation to the Office of the State Comptroller, NYSED and the Office of Taxation and Finance by March 1 annually. If a voter override of the tax levy limit is necessary, the budget vote must be approved by sixty percent (60%) of the District's qualified voters present and voting.

A copy of the Property Tax Report Card prepared for the Annual District Meeting shall be submitted to the State Education Department in the manner prescribed by the Department by the end of the business day next following approval of the Property Tax Report Card by the Board of Education, but no later than twenty-four (24) days prior to the statewide uniform voting day (i.e., the third Tuesday in May).

The State Education Department shall compile such data for all school districts whose budgets are subject to a vote of the qualified voters, and shall make such compilation available electronically at least ten (10) days prior to the statewide uniform voting day.

Tax Exemption Report

A Tax Exemption Report shall be annexed to any tentative or preliminary budget and shall become part of the final budget. This report shall be on the form as prescribed by the State Board of Real Property Services and shall show the following:

a) How much of the total assessed value of the final assessment roll(s) used in the budgetary process is exempt from taxation;

b) Every type of exemption granted as identified by statutory authority;

c) The cumulative impact of each type of exemption expressed either as a dollar amount of assessed value or as a percentage of the total assessed value on the roll;

d) The cumulative amount expected to be received from recipients of each type of exemption as payments in lieu of taxes or other payments for municipal services; however, individual recipients are not to be named; and

e) The cumulative impact of all exemptions granted.

Notice of this report shall be included in any notice of the preparation of the budget required by law and shall be posted on any bulletin board maintained by the District for public notices as well as on any website maintained by the District.

Education Law Sections 1608(3)-(7), 1716(3)-(7), 2022(2-a), 2023-a, 2601-a(3) and 2601-a(7)
General Municipal Law Section 36
Real Property Tax Law Sections 495 and 1318(l)
8 New York Code of Rules and Regulations (NYCRR) Sections 170.8, 170.9 and 170.11
State Education Department Handbook No. 3 on Budget

5120 Budget Adoption
Adoption Date: 12/10/1998, Revised: 1/3/2013; Non Substantive Revision: 1/31/07

The Board of Education shall review the recommended budget of the Superintendent of Schools and shall seek public input and feedback regarding the recommended budget including, but not limited to, holding a public budget hearing not less than seven (7) nor more than fourteen (14) days prior to the Annual District Meeting and Election at which the budget vote is to occur. The Board may modify the recommended budget of the Superintendent prior to its submission to District voters. Final authorization of the proposed budget is dependent upon voter approval unless a contingency budget is adopted by the Board.

In the event the original proposed budget is not approved at the Annual District Meeting and Election, the Board may resubmit the original proposed budget or a revised budget for voter approval, or individual propositions may be placed before District voters, at a special meeting held on the third Tuesday of June. If the voters fail to approve the second budget submittal, or budget proposition(s), or if the Board elects not to put the proposed budget to a public vote a second time, the Board must adopt a contingency budget with a tax levy that is no greater than the prior year's levy.

The School District budget for any school year, or any part of such budget, or any proposition(s) involving the expenditure of money for that school year, shall not be submitted for a vote of the qualified District voters more than twice.

The School District budget, once adopted, becomes the basis for establishing the tax levy on real property within the District.

Education Law Sections 1608, 1716, 1804(4), 1906(1), 2002(1), 2003(1), 2004(1),
2007(3)(b), 2022, 2023, 2023-a and 2601-a
8 New York Code of Rules and Regulations (NYCRR)
Sections 100.2(bb), 170.8 and 170.9

5125 Annual Budget Hearing
Adoption Date: 2/12/2004, Revised: 1/3/2013

The Board of Education will hold an Annual Budget Hearing, in accordance with law, so as to inform and present to District residents a detailed written statement regarding the District's estimated expenditures and revenue for the upcoming school year prior to the budget vote which is taken at the Annual District Meeting and Election.

The Budget Hearing will be held not less than seven (7) nor more than fourteen (14) days prior to the Annual District Meeting and Election or Special District Meeting at which the budget vote will occur. The proposed budget will be completed at least seven (7) days prior to the budget hearing at which it is to be presented.

Notice of the date, time and place of the annual budget hearing will be included in the notice of the Annual Meeting and Election and/or Special District Meeting as required by law.

All School District budgets which are submitted for voter approval shall be presented in three (3) components: a program component, an administrative component, and a capital component; and each component will be separately delineated in accordance with law and/or regulation.

The Board of Education will also prepare and append to copies of the proposed budget a School District Report Card, pursuant to the Regulations of the Commissioner of Education, referencing measures of academic and fiscal performance. Additionally, the Board of Education shall also append to copies of the proposed budget a detailed statement of the total compensation to be paid to various administrators as enumerated in law and/or regulation, and a Property Tax Report Card prepared in accordance with law and Commissioner's Regulations.

All budget documents for distribution to the public will be written in plain language and organized in a manner which best promotes public comprehension of the contents.

Dissemination of Budget Information

Copies of the proposed annual operating budget for the succeeding year may be obtained by any District resident. Requests for copies of the proposed budget should be made at least seven (7) days before the budget hearing. Copies shall be prepared and made available at the school district office, public or associate libraries within the district and on the district website, if one exists. Copies will be available to district residents during the fourteen (14) day period immediately preceding the Annual Meeting and Election or Special District Meeting at which the budget vote will occur. Additionally, the Board will include notice of the availability of copies of the budget at least once during the school year in any District-wide mailing.

Budget Notice

The School District Clerk shall mail a School Budget Notice to all qualified voters of the School District after the date of the Budget Hearing, but no later than six (6) days prior to the Annual Meeting and Election or Special District Meeting at which a school budget vote will occur. The School Budget Notice shall compare the percentage increase or decrease in total spending under the proposed budget over total spending under the School District budget adopted for the current school year, with the percentage increase or decrease in the Consumer Price Index from January first of the prior school year to January first of the current school year.

Beginning with the budget notice for the 2012-2013 proposed budget, the District will also include in the notice:

a) The school tax levy limit;

b) The proposed school year tax levy (without permissible exclusions to the school tax levy limit);

c) The total permissible exclusions; and

d) The proposed school year tax levy (including permissible exclusions to the school tax levy limit).

The Notice shall also include, in a manner and format prescribed by the Commissioner of Education, a comparison of the tax savings under the basic school tax relief (STAR) exemption and the increase or decrease in school taxes from the prior year, and the resulting net taxpayer savings for a hypothetical home within the District with a full value of one hundred thousand dollars ($100,000) under the existing School District budget as compared with such savings under the proposed budget.

The Notice shall also set forth the date, time and place of the school budget vote in the same manner as in the Notice of the Annual Meeting. The School Budget Notice shall be in a form prescribed by the Commissioner of Education.

Notice of Budget Hearing/Availability of Budget Statement:
Education Law Sections 1608(2), 1716(2), 2003(1), 2004(1),2023-a and 2601-a(2)
Election and Budget Vote:
Education Law Sections 1804(4), 1906(1), 2002(1), 2017(5), 2017(6), 2022(1), 2023-a and 2601-a(2)
Budget Development and Attachments:
Education Law Sections 1608(3), 1608(4), 1608(5), 1608(6), 1608(7), 1716(3), 1716(4), 1716(5), 1716(6),
1716(7), 2022(2-a), 2023-a and 2601-a(3)
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(bb), 170.8 and 170.9

5130 Contingency Budget
Adoption Date: 12/10/1998, Revised: 3/8/2007; Non-Substantive Revision 9/19/05; Revised 01/03/13

The School District budget for any school year or any part of such budget, or any proposition involving the expenditure of money for such school year, shall not be submitted for a vote of the qualified voters of the District more than twice in any school year.

If the original proposed budget is not approved by District voters at the Annual District Meeting and Election, the Board has the option of either resubmitting the original or revised budget for voter approval at a special meeting held at a later date; or the Board may, at that point, adopt a contingency budget. If the Board decides to submit either the original or a revised budget to the voters for a second time, and the voters do not approve the second budget submittal, the Board must adopt a contingency budget and the tax levy cannot exceed the total tax levy of the prior year (0% levy growth).

The administrative component of the contingency budget shall not comprise a greater percentage of the contingency budget exclusive of the capital component than the lesser of:

a) The percentage the administrative component had comprised in the prior year budget exclusive of the capital component; or

b) The percentage the administrative component had comprised in the last proposed defeated budget exclusive of the capital component.

Education Law Sections 2002, 2023, 2023-a, 2024 and 2601-a

5200 Income

5210 Revenues
Adoption Date: 12/10/1998, Revised: 4/28/2005; 12/9/10

The School District Treasurer will have custody of all District funds in accordance with the provisions of state law under the supervision of the Assistant Superintendent for Business. The Treasurer will be authorized and directed by the Assistant Superintendent for Business to invest the balances available in various District funds in accordance with regulations set forth in state law.

The District’s accounting system shall provide for adequate control of all monies belonging to the District. The Treasurer’s receipt numbers as well as the source and amount of the revenue shall be entered into the cash receipts journal. Revenue entries must be maintained on a gross basis.

District employees are personally responsible for all monies that they collect during the course of their assigned duties. Employees who receive monies on behalf of the district, other than the Treasurer, must issue prenumbered receipts in triplicate.

Education Law Sections 1604(a) and 1723(a)
NYCCR 170.2(i)

5215 Medicaid Governance Policy
Adoption Date: 11/19/2009, Revised: ; Non Substantive 4/5/10; 11/14/11

A school board is responsible for the education of the children residing in its district and must provide for the governance and oversight of the district’s affairs, personnel, and properties. To address these responsibilities, the board should establish a strong control environment, issue comprehensive policies, ensure the district operates in accordance with its mission and all legal requirements monitor the district’s financial condition, and ensure the district hires qualified individuals.

The control environment sets the tone of an organization, influencing the control consciousness of its people. The governing board and other management personnel set the proper tone for the control environment when they establish and effectively communicate a code of ethics and written policies and procedures, behave in an ethical manner, observe the same rules they expect everyone else to observe, and require the appropriate standard of conduct from everyone in the organization. Employees observe how management conducts itself, and that conduct often speaks more fluently than the written policies that management expects employees to follow.

The Canandaigua City School District, therefore, promulgates:

  1. A code of ethics as applies to Medicaid billing, payments, medical necessity and quality of services, mandatory reporting, credentialing and other risk areas that may be identified by due diligence.
  2. A staff/governance board training schedule on procedures and compliance issues.
  3. A communication process where compliance issues can be reported confidentially.
  4. The appointment of a Medicaid compliance officer with the responsibilities articulated.
  5. Disciplinary procedures that encourage good faith reporting and sanctions for failure to do so.
  6. Definition of administrative responsibilities for fair and firm enforcement of discipline for failure to comply.
  7. A system for routine identification of compliance risk areas.
  8. A system for responding to, investigating, correcting, reporting and developing policies that discourage non-compliance issues or activities.

It is the board’s policy to fairly and firmly enforce the disciplinary policies pertaining to Medicaid non-compliance.

Part 521, Title 18 of Codes, Rules and Regulations of the State of New York

5220 Borrowing and Investment of School Funds
Adoption Date: 12/10/1998, Revised: 3/8/2007; 12/9/10

Purpose and Safeguards

The borrowing/investment program of the School District is authorized by the Canandaigua Board of Education and is viewed as a critical ingredient of sound fiscal management. The purpose of the borrowing/investment program is to secure interest revenues to supplement other School District revenues for the support of the educational program of the school system and to provide funds to meet financial obligations of the District.

The District's borrowing/investment program will be administered in such a way to assure:

a.The continual process of temporary investing for all fund balances and monies available to the District for investment purposes. Investment priorities shall include but not be limited to the legality, safety, liquidity, and yield of the investment vehicle.

b. The maintenance of a yearly cash flow chart that will provide data to assist proper planning and decision making regarding amount, duration, and type of borrowing and/or investment program appropriate to the financial operation of the District.

c.The utilization of an open competitive system of bids and/or quotes to obtain maximum yield possible on all investments consistent with part “a” above and the lowest borrowing expense on all borrowing from commercial banks and trust companies authorized to do business in New York State.

d.That all vendors used for investment of District funds provide a statement to the District of their collateral in the form of a list of the securities pledged at market value; and,

e.A register in which the Treasurer shall keep a complete record of each issue of bonds and notes authorized. The register shall include the dates of resolutions authorizing the obligations; the type thereof; the date of issue; the numbers of each obligation; the banks from which the money was borrowed; the amount borrowed; the rate of interest; the amount of principle and interest paid; the dates of maturity; and the dates the obligation was paid.

f. That all school District borrowings and investments will be in compliance with the Education Law, Municipal Law, Bank Law, State Constitution, Federal Law and Regulations, and Opinion of the State Comptroller.

Delegation of Authority

The Board of Education authorizes its District Treasurer to manage all activities associated with its borrowing and investment program in such a manner as to accomplish all the objectives and intents of this policy. These responsibilities will also include annual review and assessment of the District's investment program and filing a report annually with the Board of Education. The District Treasurer is further authorized to execute in the name of the Board of Education any and all documents relating to the borrowing and investment program in a timely manner as well as to utilize reputable consultants regarding borrowing and investment decisions when necessary. In the absence of the District Treasurer, the Deputy Treasurer will perform the duties and responsibilities of the District Treasurer as described in this policy.

Education Law Sections 1604-a, 1723-a, 2131 and 3652
General Municipal Law Sec. 6-f, 11(1);
Bank Law Section 2, 97 (7) (c) 237 (4) 378;
State Constitution Article VIII
Section 1 Opinion of the State Comptroller 64-573

5221 District Investments
Adoption Date: 12/10/1998, Revised: 4/28/2005; Non Substantive 12/5/2011

Whenever the District has funds (including operating funds, reserve funds, and proceeds of obligations) that exceed those necessary to meet current expenses, the Board of Education shall authorize the investment of such funds in accordance with all applicable laws and regulations and in conformity with the guidelines established by this policy.

Objective

The objectives of this investment policy in order of priority are as follows:

a) Investments shall conform with all applicable federal, state, and other legal requirements.

b) Investments and bank deposits shall be made in a manner that safeguards the funds of the School District.

c) Investments shall be sufficiently liquid to allow funds to be available as needed to meet the obligations of the School District.

d) Funds shall be invested in such a way as to earn the maximum yield possible given the District’s investment objectives.

Authorization

The authority to deposit and invest funds is delegated to the District Treasurer under the supervision of the Assistant Superintendent for Business. These functions shall be performed in accordance with the applicable sections of the General Municipal Law and the Local Finance Law of the State of New York.

The District Treasurer may invest funds in the following eligible investments:

b) Obligations of the United States Government, or any obligations for which principal and interest are fully guaranteed by the United States Government;

c) Time Deposit Accounts placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law. [Banking Law Section 237(2) prohibits a savings bank from accepting a deposit from a local government. This also applies to savings and loan associations.];

d) Transaction Accounts (demand deposits) both interest bearing and non-interest bearing that do not require notice of withdrawal placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law;

e) Certificates of Deposits placed in a commercial bank authorized to do business in the State of New York providing the Certificates are collateralized as required by law; and

f) Securities purchased pursuant to a Repurchase Agreement whereby one party purchases securities from a second party and the second party agrees to repurchase those same securities on a specific future date at an agreed rate of return (the interest rate).

Implementation

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

a) A list of authorized investments;

b) Procedures including a signed agreement to ensure the School District’s financial interest in investments;

c) Standards for written agreements consistent with legal requirements;

d) Procedures for monitoring, controlling, depositing, and retaining of investments and collateral; these procedures shall be done at least once a month;

e) Standards for security agreements and custodial agreements consistent with legal requirements;

f) Standards for diversification of investments including diversification as to type of investments and firms and banks with whom the School District transacts business; and

g) Standards for qualification of investment agents which transact business with the School District including, at minimum, the Annual Report of the Trading Partner.

General Municipal Law Section 39
Education Law Sections 1604-1 and 1723(a)
Local Finance Law Section 165

5230 Property Tax Exemptions
Adoption Date: 3/9/2006

Senior Citizens

Unless specifically exempted by law, real property used exclusively for residential purposes and owned by one (1) or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five (65) years of age or over, shall be exempt from taxation to the extent of per centum of the assessed valuation determined by the Board if the owners meet the criteria established annually by the Board.

The real property tax exemption of real property owned by husband and wife, when one of them is sixty-five (65) years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least sixty-two (62) years of age.

The District may permit a property tax exemption to an otherwise eligible senior citizen even if a child who attends a public school resides at that address, provided that any such resolution shall condition such exemption upon satisfactory proof that the child was not brought into the residence, in whole or in substantial part, for the purpose of attending a particular school within the District. The Board must adopt a resolution allowing such an exemption following a public hearing on this specific issue in accordance with Real Property Tax Law Section 467.

Disabled Citizens

Unless specifically exempted by law, real property used exclusively for residential purposes and owned by one or more persons with disabilities; or owned by a husband, wife or both, or siblings, at least one of whom has a disability; and whose income, as defined pursuant to law, is limited by reason of such disability shall be exempt from taxation to the extent of per centum of the assessed valuation determined by the Board if the owners meet the criteria established annually by the Board. The Board must adopt a resolution allowing such an exemption following a public hearing on this specific issue.

No exemption shall be granted unless the real property is the legal residence of and is occupied in whole or in part by the disabled person; except where the disabled person is absent from the residence while receiving health-related care as an in-patient of a residential health care facility as defined in Public Health Law.

The District shall permit a property tax exemption to an otherwise eligible disabled citizen even if a child who attends a public school resides at that address, provided that any such resolution shall condition such exemption upon satisfactory proof that the child was not brought into the residence in whole or in substantial part for the purpose of attending a particular school within the District. The Board must adopt a resolution allowing such an exemption following a public hearing on this specific issue.

For purposes of this policy, and in accordance with law, a person with a disability is one who has a physical or mental impairment, not due to current use of alcohol or illegal drug use, which substantially limits such person's ability to engage in one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; and who is certified to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits under the federal Social Security Act or is certified to receive Railroad Retirement Disability benefits under the federal Railroad Retirement Act, or has received a certificate from the State Commission for the Blind and Visually Handicapped stating that such person is legally blind.

In accordance with Real Property Tax Law, any exemption provided by this policy shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed; provided however, that no parcel or real property may receive an exemption for the same tax purposes pursuant to both this policy and real property tax exemptions granted pursuant to the Real Property Tax Law for persons sixty-five (65) years or over.

Real Property Tax Law Sections 459-c
Public Health Law Section 2801

5240 Gifts to the School District, Staff and Students
Adoption Date: 12/10/1998, Revised: 4/25/2002; 03/08/07, 08/30/07, 11/6/08

The Board of Education recognizes the value of receiving material gifts for the District, and of honoring staff and students for their service and achievement. However, these honors can be better acknowledged and appreciated if they are accepted according to a pre-determined policy.

School District

  • a) Gifts and donations valued at $500 or more must be accepted by the Board of Education, prior to use or installation. In determining the acceptability of gifts the following guidelines shall apply:
    • 1)All gifts become the property of the District and as such are irrevocable. No gift will be accepted if such gift is subject to restrictions, reservations or right of reverter to the donor or anyone else.
    • 2)Notwithstanding Item 1, monetary gifts may be designated for specific purposes such as the purchase of a specific piece of equipment or an award for a specific endeavor.
    • 3) In the event the Board shall determine that the annual endowments for any areas of the school program are out of proper relation to the other areas, then the Board may refuse any gift until such time as a proper balance among the various departments shall exist.
    • 4) Any efforts to raise money for the purpose of bestowing a gift to the school system must comply with District Policy #3242 – Fund Raising.
  • b) On occasion, the Board of Education receives large gifts either though donations or from an estate. For gifts of $10,000 or more, the Board’s Policy will be as follows: 1) Ordinarily gifts of $10,000 or higher will be deposited into the Canandaigua City School District’s Educational Enrichment Fund (EEF). 2) Exceptions to this will be when the donor designates that their gift be used for a specific purpose and use of the EEF is not appropriate. An example of this is equipment such as computers. 3) The Board may opt not to deposit the gift into the EEF and instead direct it to specific needs of the District identified by the Board.

Staff

Gifts to members of the staff by students and parent/guardians shall be discouraged wherever possible.

Any individual gift with a value over $75 received by a staff member for that staff member’s personal benefit should be reported to the Board of Education, the Superintendent and their immediate supervisor.

5250 Sale of School Property
Adoption Date: 12/10/1998

No sale of real property shall be made without prior approval of the Board of Education and public referendum. However, the responsibility for such sales may be delegated. The net proceeds from the sale of real property shall be deposited in the General Fund, Capital Fund, or held in reserve.

Education Law Section 1709(9),(11)

5260 Payment of Real Property Taxes in Installments
Adoption Date: 12/10/1998, Revised: ; Non Substantive 1/31/2007

The Board of Education has, by resolution, created and adopted a procedure by which any taxes levied by the Board upon real property situated within the District may be paid in installments.

Regulations shall be developed in accordance with this policy.
Section 1326(1) NYS Real Property Tax Law

5300 Expenditures

5310 Expenditures of School District Funds
Adoption Date: 12/10/1998, Revised: 4/28/2005; 12/9/10

The Assistant Superintendent for Business is the Purchasing Agent for the District. The Board of Education authorizes the Purchasing Agent to commit school funds as appropriated by approved operating special aid, food service, and capital budgets, and by the adoption of special resolutions. The Purchasing Agent will make expenditures in accordance with applicable law and in the manner that will achieve the maximum benefit from each dollar expended.

All claims shall be properly approved by the Claims Auditor before the payment with the exception of payments of claims for public utility services, postage, freight and express charges which may be in advance of audit in accordance of law.

Complete records of all expenditures shall be maintained for future analysis and reporting within the time frame required by the Records Disposition Law or regulation.

Public Officers Law
8 New York Code of Rules and Regulations
(NYCRR) Part 185
Education Law Sections 1724.2, 1724.3, 2523.2,
2524

5320 Transfer of Funds Between Categories
Adoption Date: 12/10/1998

The Canandaigua Board of Education authorizes the Superintendent of Schools to approve appropriation transfers within the approved budget not to exceed the amount determined at the annual reorganization meeting of the Board.

8 New York Code of Rules and Regulations
(NYCRR) Section 170.2

5400 Purchasing

5410 Purchasing and Competitive Bids
Adoption Date: 12/10/1998, Revised: 10/9/2003; 04/27/06, 03/08/07, 4/19/07, 1/8/09, 12/9/10, Non Substantive 12/5/11

The District’s purchasing activities will be part of the responsibilities of the Business Office, under the general supervision of the Purchasing Agent designated by the Board of Education. The purchasing process should enhance school operations and educational programs through the procurement of goods and services deemed necessary to meet District needs.

Principles of Purchasing

The Board subscribes to the following principles of purchasing:

a) Requisitions – All purchases initiated by personnel shall follow the procedures for requisitions and purchases. The requisition is a formal written or electronic request from a person in the school system for the purchase of supplies or equipment. It should be remembered that the requisition is a request and not a guarantee that a purchase will actually be made.

b) The Purchase Order – The purchase order is a document which authorizes a vendor to deliver described merchandise or materials at a specific price.

c) Procedures – Procedures shall be developed and administered by the Assistant Superintendent for Business for the requisitioning, purchasing, receipt, and distribution of the supplies and equipment.

Competitive Bids and Quotes

As required by law, the Superintendent will follow normal bidding procedures in all cases where needed quantities of like items in total will be at or above the maximum level allowed by law during the fiscal year, (similarly for public works construction, repair, etc.) and in such other cases that seem to be to the financial advantage of the School District.

A bid bond may be required if considered advisable.

No bid for supplies shall be accepted that does not conform to specifications furnished unless specifications are waived by Board action. Contracts shall be awarded to the lowest responsible bidder who meets specifications. However, the Board may choose to reject any bid.

Regulations shall be developed by the administration for the competitive purchasing of goods and services.

The Superintendent may authorize purchases within the approved budget without bidding if required by emergencies and are legally permitted.

The Superintendent is authorized to enter into cooperative bidding for various needs of the District.

The Claims Auditor shall ensure that prior to the approval of the Purchase Order, the vendor name listed on the PO is one and the same as the approved vendor.

Request for Proposal Process for Independent Auditor

The External Auditor must be selected pursuant to a competitive request for proposal (RFP) process. No audit engagement shall be for a term longer than five (5) consecutive years. The District may, however, permit the External Auditor engaged under an existing contract for such services to submit a proposal for such services in response to a competitive RFP or award a contract to provide such services through the RFP process.

Procurement of Goods and Services

The Board of Education recognizes its responsibility to ensure the development of procedures for the procurement of goods and services not required by law to be made pursuant to competitive bidding requirements. These goods and services must be procured in a manner so as to:

a) Assure the prudent and economical use of public moneys in the best interest of the taxpayer;

b) Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and

c) Guard against favoritism, improvidence, extravagance, fraud, and corruption.

These procedures shall contain, at a minimum, provisions which:

a) Prescribe a process for determining whether a procurement of goods and services is subject to competitive bidding and, if it is not, documenting the basis for such determination;

b) With certain exceptions (purchases pursuant to General Municipal Law, Section 186; State Finance Law, Sections 175-a and 175-b; State Correction Law, Section 184; or those circumstances or types of procurements set forth in (f) of this section), provide that alternative proposals or quotes for goods and services shall be secured by use of written request for proposals, written quotes, verbal quotes or any other method of procurement which furthers the purposes of Section 104-b of General Municipal Law;

c) Set forth when each method of procurement will be utilized;

d) Require adequate documentation of actions taken with each method of procurement;

e) Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons; and

f) Set forth any circumstances when, or the types of procurement for which, the solicitation of alternative proposals or quotes will not be in the best interest of the District.

Any unintentional failure to fully comply with these provisions may not be grounds to void action taken or give rise to a cause of action against the District or any District employee.

Alternative Formats for Instructional Materials

Preference in the purchase of instructional materials will be given to vendors who agree to provide materials in a usable alternative format (i.e., any medium or format, other than a traditional print textbook, for presentation of instructional materials that is needed as an accommodation for each student with a disability, including students requiring Section 504 Accommodation Plans, enrolled in the School District). Alternative formats include, but are not limited to, Braille, large print, open and closed captioned, audio, or an electronic file in an approved format as defined in Commissioner's Regulations.

District Plan:

The District will ensure that all instructional materials to be used in the schools of the District are available in a usable alternative format for each student with a disability, including students requiring Section 504 Accommodation Plans, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students. The District Plan shall include those provisions mandated by Education Law and Commissioner's Regulations.

Environmentally Sensitive Cleaning and Maintenance Products

In accordance with Commissioner’s Regulations, State Finance Law and Education Law, effective with the 2006-2007 school year, the District shall follow guidelines, specifications, and sample lists when purchasing cleaning and maintenance products for use in its facilities. Such facilities include any building or facility used for instructional purposes and the surrounding grounds or other sites used by playground, athletics, or other instruction.

Environmentally sensitive cleaning and maintenance products are those which minimize adverse impacts on health and the environment. Such products reduce as much as possible exposures of children and school staff to potentially harmful chemicals and substances used in the cleaning and maintenance of school facilities. The District shall identify and procure environmentally sensitive cleaning and maintenance products which are available in the form, function, and utility generally used. Coordinated procurement of such products as specified by the Office of General Services (OGS) may be done through central state purchasing contracts to ensure that the District can procure these products on a competitive basis.

The District shall notify their personnel of the availability of such guidelines, specifications, and sample product lists.

Contracts for Goods and Services

No contracts for goods and services shall be made by individuals or organizations in the school that involve expenditures without first securing approval for such contract from the Purchasing Agent.

Any employee who has material interest in an entity that engages in business with the District must disclose in writing to the Superintendent and the Assistant Superintendent for Business said interest before ratification of the contract. All contracts of this nature will be disclosed by the Superintendent to the Board of Education.

Under certain circumstances, the Board may wish to standardize on certain purchase contracts, equipment, and materials or supplies in excess of twenty thousand dollars ($20,000). Such standardization requires a 3/5ths vote of the Board and shall be in full conformity with all aspects of the law.

On-Line Purchasing

On-line purchasing is allowed. However, the only people authorized to place the actual on-line order are authorized Business Office personnel. Procedures for placing on-line orders follow Purchasing Regulation 5410R.

Education Law Sections 305(14), 1604, 1709, 1950, 2503, 2554 and 3602
General Municipal Law, Articles 5-A and 18
State Finance Law Section 163-b
8 New York Code of Rules and Regulations
(NYCRR) Sections 170.2 and 200.2(b)(10), (c)(2), and (i)

5411 Use of Credit Cards
Adoption Date: 4/28/2005, Revised: 3/8/2007; 12/9/10; 2/16/12; 1/3/13

The Board of Education recognizes that certain purchasing is best facilitated by use of a credit card. For example, employees traveling on District business might use a credit card for travel expenses. Some purchases, such as airline tickets, are best made on the internet using a credit card. Credit card users who fail to provide receipts or exceed District expense guidelines may be personally liable for such expenses.

The District will provide “charge” arrangements as follows:

Accounts Payable Credit Card

A District credit card is assigned to the Assistant Superintendent of Business for use by the Accounts Payable Department. The credit card is only accessible to the Accounts Payable Clerks, and locked in a cabinet in the vault each day. The only purpose of this card is to pay vendors that will accept credit card payments. Payments made with the credit card must be accompanied by a signed Purchase Order and appropriate documentation.

General Purpose Credit Cards

District credit cards are assigned to the Assistant Superintendent for Business. Such credit cards shall be locked in a cabinet in the District Office vault and signed out for specific purposes, i.e. travel, conferences, specific internet purchases, etc. All charges must be verified by itemized receipt. The credit card must be signed out and signed back in.

Specific Business Charge Accounts

Individual schools may require specific accounts at local businesses; for example, the home and careers department at the Academy and Middle School may require an account at a local grocer. Credit cards for such accounts shall be housed in the Administrative Office of each building and signed out on an as-needed basis. All charges must be verified by itemized receipt.

Purchase Orders

Purchases made using credit cards must be accompanied by a purchase order so that all charges may be appropriately encumbered. If it is not practical to issue a purchase order prior to the expenditure, such as when an employee is traveling outside the District, the purchase order will be issued within one (1) week upon the employee’s return to the District. The purchase order must be itemized.

Internet

Internet purchases using a credit card will be processed through the office of the Assistant Superintendent for Business.

5500 Fiscal Accounting and Reporting

5510 Accounting of Funds
Adoption Date: 12/10/1998, Revised: 1/3/2013

Accounting and reporting procedures shall be developed to facilitate analysis and evaluation of the District's financial status and fixed assets. The District will use the Uniform System of Accounts for School Districts.

Books and records of the District shall be maintained in accordance with statutory requirements.

Provision shall be made for the adequate storage, security, and disposition of all financial and inventory records.

Online Banking

The Board has entered into a written agreement with designated banks and trust companies for online banking and electronic or wire transfers, which includes the implementation of a security procedure for all transactions. The District Treasurer, with a separate established user name and password, will have the authority to process online banking transactions. The Deputy Treasurer, with a separate established user name and password, will be responsible for online banking transactions in the event the District Treasurer is not available, or as a job responsibility delegated to him/her by the District Treasurer. A monthly report of all online banking activity shall be reconciled with the bank statement. Online banking will only take place on secure District computers located inside the Treasurer's Office.

Electronic Transactions and Wire Transfers

Procedures will be implemented specifying who is authorized to initiate, approve, transmit, record, review and reconcile electronic transactions. At least two individuals will be involved in each transaction. Authorization and transmitting functions will be segregated.

The District will enter into written wire transfer security agreements for District bank accounts which will include established procedures for authenticating wire transfer orders.

All wire transfers must be authorized by the District Treasurer or his/her designee. Dual approval controls are established for all wire transfer orders.

Education Law Section 2116-a
General Municipal Law Article 2 Section 5, 5-a, 5-b, 99-b
N.Y. UCC Section 4-A-201

5511 Uniform System of Accounts and Accounting of Fixed Assets
Adoption Date: 12/10/1998, Revised: 10/9/2003; 03/22/07; 12/9/10; 3/8/12

Uniform Systems of Accounts

The system of accounts shall conform to the system prescribed pursuant to Section 36 of the General Municipal Law, Department of Audit and Control, and Section 2116-a of the Education Law, State Education Department. Additional accounts and/or records that may be useful in yielding fiscal information to assist the board and administration in its decision-making may supplement this system.

The Assistant Superintendent for Business and the Assistant Superintendent for Personnel & Support Services shall be responsible for accounting of general fixed assets according to the procedures outlined by the Uniform System of Accounts for School Districts and GASB Statement 34 Regulations.

These accounts will serve to:

a) Maintain a physical inventory of assets:

b) Establish accountability;

c) Determine replacement costs; and

d) Provide appropriate insurance coverage.

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

The Board shall establish a dollar threshold as a basis for considering which fixed assets are to be depreciated. Such threshold shall ensure that at least 80 percent of the value of all assets is reported. However, it is recommended that such threshold shall not be greater than $1,000. A standardized depreciation method and averaging convention shall also be established for depreciation calculations.

Fixed assets acquired having a value equal to or greater than the established threshold are considered depreciable assets and shall be inventoried for the purpose of GASB 34 accounting practices and placed on a depreciation schedule according to its asset class and estimated useful life as stipulated by the NY State Comptroller’s Office or the IRS.

Assets shall be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed assets shall be recorded at estimated fair value at the time of the gift. A property record will be maintained for each asset and will contain, where possible, the following information:

a) Date of acquisition;

align="justify"> b) Description;

c) Cost or value;

d) Location;

e) Asset type;

f) Estimated useful life;

g) Replacement cost;

h) Current value;

i) Salvage value;

j) Date and method of disposition; and

k) Responsible departmental official.

The Assistant Superintendent for Business and the Assistant Superintendent for Personnel & Support Services shall arrange for the annual inventory and appraisal of School District property, equipment, and material. Any discrepancies between an inventory and the District’s property records on file should be traced and explained.

5515 Reserve Funds
Adoption Date: 7/28/2011, Revised: ; Non Substantive 1/23/12

Reserve funds (essentially a legally authorized savings account designated for a specific purpose) are an important component in the District's financial planning for future projects, acquisitions and other lawful purposes. To this end, the District may establish and maintain reserve funds in accordance with New York State Laws, Commissioner's Regulations and the rules and/or opinions issued by the Office of the New York State Comptroller, as applicable. The District shall comply with the reporting requirements of Article 3 of the General Municipal Law of the State of New York and the Governmental Accounting Standards Board (GASB) issued GASB Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions.

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

Periodic Review and Annual Report

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

a) The type and description of the reserve fund;

b) The date the reserve fund was established and the amount of each sum paid into the fund;

c) The interest earned by the reserve fund;

d) If applicable, capital gains or losses resulting from the sale of investments of the reserve fund;

e) The total amount of each withdrawal from the reserve fund;

f) The total assets of the reserve fund showing cash balance and a schedule of investments; and

g) An analysis of the projected needs for the reserve fund in the upcoming fiscal year and a recommendation regarding funding those projected needs.

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

Assigned Fund Balance Policy

  1. The purchasing agent is responsible for all of the purchasing activities of the District and is therefore designated as having the authority to assign amounts intended to be used for specific purposes.
  2. The Board of Education has the authority to assign fund balance for the purpose of tax reduction on an annual basis.

Spending Policy

Resources will generally be spent from Budgetary Appropriations first. Utilization of reserve funds will be determined based on the legal appropriation of such funds which require either the Board of Education and/or the District voter approval. Furthermore, assigned amounts will be considered expended when the transaction for which the assignment was made does occur.

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

General Municipal Law Section 6-d, 6-m, 6-p, 6-r
Labor Law Section 581(1) (e)
Article Labor Law 18
General Municipal Law Section 6-j
Education Law Section 3651(1)(1-a)(1-b)

5520 Cash in School Buildings
Adoption Date: 12/10/1998, Revised: 12/9/2010

Not more than $500, whether District or extraclassroom funds, shall be held in the vault in the main office of each District school building. Under no circumstances shall cash be left in classroom areas or desks. The District will not be responsible for funds left unprotected.

All funds, except petty cash, whether District or extraclassroom funds, shall be deposited prior to close of school each day. Only authorized personnel designated by the building/department administrator shall be allowed in the main office vault. The building/department administrator is directly responsible for the enforcement of this policy and informing all those under his/her directive.

A petty cash account may be established for each building within the District. The specific amount to be available in each building and the person responsible for each fund shall be designated annually by the Board. No single petty cash fund may exceed $75.00. The accounting procedure and the method used to report expenditures shall be those outlined in Section 170.4 of the Commissioner’s Regulations.

NYCRR Section 170.4

5530 Publication of the District's Financial Statement
Adoption Date: 12/10/1998, Revised: 12/9/2010; Non Substantive 1/23/12

The Board of Education shall direct the District Clerk to publish a notice of the availability of a full and detailed account of all monies received by the Board or Treasurer of the District for its account and use, and all of the money expended therefore, giving the items of expenditure in full.

An annual financial statement for all funds shall be published by the Board of Education in a public newspaper and on the District website within three months after the close of fiscal year. Publication shall be in the format prescribed by the Commissioner’s Regulation. This statement shall review the finances and transactions of the District for the preceding school year.

Further, the District Clerk shall publish a notice within ten days the Audit/Finance Committee acceptance of any external audit report received from an independent auditor.

Education Law Section 1721, 2528

NYCRR 170.2(2)

5540 Check-Signing Authorization
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 12/01/06; Revised 03/08/07; 12/9/10

All checks and withdrawal slips drawn on accounts in the following funds of the Canandaigua City School District shall require only one signature:

General Fund

School Lunch Fund

Federal Fund

Capital Fund

Trust and Agency Fund

The authorized signature shall be that of the Treasurer of the District. In the absence or incapacity of the Treasurer, the Deputy Treasurer shall have the authorization to execute the same.

All withdrawal slips authorizing checks to be drawn from the Extra-Curricular Fund of the Canandaigua City School District shall require three (3) signatures. The authorized signatures shall consist of:

1.The Student Treasurer

2.The Club Advisor

3. The Authorized Building Administrator

All checks drawn on accounts in the Extra-Curricular Fund of the Canandaigua City School District shall require two (2) signatures. The authorized signatures shall consist of:

1. The Extra-Curricular Account Treasurer

2. The Authorized Building Administrator

A proper signature card shall be executed and filed with the bank where each account is maintained.

The Superintendent shall develop Administrative Regulations and Procedures to support this policy.

NYS Finance Pamphlet #2;
The Safeguarding, Accounting, and
Auditing of Extraclassroom Activity Funds

5550 Maintenance of Fiscal Effort (Title I Programs)
Adoption Date: 12/10/1998, Revised: 4/19/2007; Non Substantive 1/23/12

A Local Educational Agency (LEA) may receive its full allocation of Title I funds dependent on the combined fiscal effort per student or the aggregate expenditures of state and local funds, as detailed below.

In determining an LEA's compliance with the maintenance of effort requirement, the State Educational Agency (SEA) shall consider the LEA's expenditures from state and local funds for free public education. These include expenditures for administration, instruction, attendance, health services, student transportation services, plant operation and maintenance, fixed charges, and net expenditures to cover deficits for food services and student body activities.

The SEA shall not consider the following expenditures in determining an LEA's compliance with the maintenance of effort requirements:

a) Any expenditure for community services, capital outlay, and debt service;

b) Any expenditure made from funds provided by the federal government for which the LEA is required to account to the federal government directly or through the SEA.

Federal audit guidelines require the Board of Education to establish controls to ensure maintenance of effort. The Board of Education assigns the Assistant Superintendent for Business the responsibility of reviewing, as part of the budgeting process, combined fiscal effort so expenditures of state and local funds with respect to the provision of free public education per student and in the aggregate for the preceding fiscal year was budgeted for equal to or greater than ninety percent (90%) of the expenditures for the second preceding fiscal year.

Title I of the Elementary and Secondary Education
Act of 1965, as amended by the No Child Left
Behind Act of 2001 34 Code of Federal
Regulations (CFR) Part 200

5551 Use of Federal Funds for Partisan Political Activity
Adoption Date: 12/10/1998, Revised: ; Non Substantive 1/23/12

The Board of Education prohibits the use of any federal funds for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs.

This policy refers generally to lobbying activities, publications, or other materials intended for influencing legislation or similar items.

This policy also is applicable to any persons whose responsibilities or activities include political-partisan activity.

Compliance Supplement for Single Audit
of State and Local Governments
(Revised September 1998) supplementing
OMB Circular A-128

Hatch Act [5 United States Code (U.S.C.)
[15-1-1508] and Intergovernmental Personnel
Act of 1970, as amended by Title VI of
Civil Service Reform Act
(Public Law 95-454 Section 4728)

5570 Financial Accountability
Adoption Date: 2/16/2006, Revised: 7/10/2007; 12/9/10; Non Substantive 1/23/12

The Board of Education has implemented internal controls to ensure that the goals and objectives of the District are accomplished through:

a)compliance with laws, regulations, policies, and good business practices;

b)efficient and effective operations;

c)safeguarding assets; and

d)maintenance of accurate, timely, and reliable data.

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

a)The District's Code of Ethics addresses conflict of interest transactions with Board members and employees.

b)The Board requires corrective action for issues reported in the Management Letter, Audit Reports, the Single Audit, Risk Assessment and consultant reports (if any).

c)The Board has established the required policies, procedures, and internal controls concerning District operations.

d)The Board routinely reviews the necessary fiscal reports including the:

1.Treasurer's cash reports;

2.Budget status reports;

3.Revenue status reports;

4.Monthly extra-classroom activity fund reports; and

5.Fund balance projections (usually starting in January).

e)The District actively engages in forecast financial planning.

a)The District supports attendance at training programs for Board members, business officials, treasurers, claims auditors, and others to ensure they understand their duties and responsibilities and the data provided to them.

b)The Board has an Audit/Finance Committee to assist in carrying out its fiscal oversight responsibilities.

c)The District's information systems are economical, efficient, current, and up to date.

d)All computer files are secured with passwords or other controls, backed up on a regular basis, and stored at an off site location.

e)The District periodically reviews computer system controls to ensure appropriate implementation of security.

f)The District periodically verifies that internal controls are working efficiently.

g)While respecting appropriate segregation of duties, the District will strive for sufficient cross training to enable a second staff member to perform duties assigned to another person when that person is absent due to illness or vacation.

NYCRR 170.2(h)
170.2(i)
170.2(o)
170.2(p)
170.2(s)
Education Law Sections 1721 and 2528tions 1721 and 2528

5572 Audit/Finance Committee
Adoption Date: 2/16/2006, Revised: 9/28/2006; Non-Substantive Revision 4/05/06; 1/23/12 Revised: 5/13/10; 10/3/13

This policy in its entirety shall be considered the Audit Committee Charter.

The Audit/Finance Committee is appointed by the Board of Education to provide independent assistance to the Board in fulfilling its financial oversight responsibilities. Members of the Committee shall perform their duties in good faith, in a manner they reasonably believe to be in the best interests of the Committee and the District with such care as a generally prudent person in a similar position would use under similar circumstances. The Committee will help establish the overall tone for quality financial management and reporting, sound business risk controls and ethical behavior throughout the District.

The Committee’s primary functions are to:

Monitor the integrity of the District’s financial reporting process and system of internal controls regarding finance, accounting, security, regulatory and legal compliance.

Monitor the independence and performance of the District’s external and internal auditors and the District's Claims Auditor.

Provide a communications link between the external auditors, management, the internal auditor, and the Board of Education.

Work directly with the District's Assistant Superintendent for Business to facilitate oversight and meeting activities.

Composition and Requisite Skills

The Committee is comprised of three (3) members of the Board of Education appointed annually with the goal of creating staggered terms. In addition, the Board may appoint up to two (2) non-Board members of the community to serve on the Committee.

The Committee members collectively should possess the expertise and experience in accounting, auditing, financial reporting and school district finances needed to understand and evaluate the District’s financial statements, the external audit of those statements, the District’s system of internal control and risk assessment, and the District’s internal audit activities.

Committee members shall meet independence requirements. To be considered independent, the member cannot:

Be employed by the District or accept any consulting advisory or other compensatory fee from the District, either currently or within the past three (3) years.

Be in the immediate family (husband, wife or any children and their spouses) of an individual employed by the District in an administrative or supervisory capacity, who performs necessary financial functions in the operation of the District, or who provides contractual services to the District, either currently or within the past three (3) years.

Be a partner, owner or executive in any business which received payment from the District in an amount of $1,000.00 or higher, in any of the past five (5) years.

Any Committee member who is not a member of the Board of Education shall be administered the District’s oath of office by the District Clerk.

Executive Session may be held as needed. Committee members shall have an obligation to the District to maintain confidentiality of all such information.

Meetings and Notification

The Committee shall meet a minimum of six times each year and monthly if possible. An agenda of each meeting should be determined in advance and the members should receive supporting documents in advance for reasonable review and consideration. Any member of the Board of Education, who is not a member of the Committee, may attend Audit Committee meetings.

The Committee will maintain minutes of each meeting and periodically report to the Board of Education significant results of their activities. At a minimum, the minutes will include the date, attendance, a brief summary of the topics discussed, and a record of all actions or recommendations agreed to by the Committee. Copies of materials discussed or presented at the meeting shall be attached to the file copy of the minutes.

For certain subjects regarding the appointment of the External and Internal Auditor, meeting with the External and Internal Auditor prior to commencement of the audit, and review and discussion of risk assessment, the committee may meet in Executive Session.

Duties and Responsibilities

External Audit Focus

Oversee the competitive Request for Proposal Process (RFP) used to solicit quotes for the District’s annual external audit No audit engagement shall be for a term longer than five (5) consecutive years.

Recommend selection of the External Auditor to the Board of Education.

Meet with the External Auditor prior to commencement of the audit to review the engagement letter, including the scope, plan and coordination of the external audit.

Review and discuss with the External Auditor any risk assessment of the District’s fiscal operations developed as part of the auditor’s responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards, if applicable.

Review the External Auditor’s assessment of the District’s system of internal controls.

Receive and review the draft annual audit report and accompanying draft management letter and, working directly with the External Auditor, assist the Board of Education in interpreting such activities.

Make a recommendation to the Board of Education on accepting the annual audit report.

Review and recommend for to the Board for Approval any corrective action plan based on audit findings and recommendations.

Monitor the implementation to any corrective action plan and provide updates to the Board of Education

Internal Audit Focus

Oversee the competitive Request for Proposal (RFP) used to solicit quotations for the District's Internal Auditor. No audit engagement shall be for a term longer than five (5) consecutive years.

Recommend to the Board of Education regarding the appointment of the Internal Auditor.

Provide oversight of the internal audit function.

Review the risk assessment and the annual internal audit plan to ensure that high risk areas and key control activities are periodically evaluated and tested.

Review the results of internal audit activities and significant recommendations and findings of the Internal Auditor and management's corrective action plan and assist the Board of Education in understanding such activities.

Monitor implementation of the corrective action plan.

Ensure that the Internal Auditor reports directly to the Committee.

Develop process and review annually the performance of the Internal Auditor and make recommendations to the Board of Education.

Other Committee Responsibilities

Meet at least quarterly with the Claims Auditor to review findings and address concerns with management.

Provide oversight of the District’s Educational Enrichment Fund (EEF) investments and, in February, make a determination of the appropriate distribution for the coming school calendar year; receive the annual report of the EEF.

Receive and review other reports as appropriate, including tax collection, tax exemptions, tax certioraris, accounts receivable, tax levy cap, fund balance and reserve balances.

Maintain regular communication with the Assistant Superintendent for Business and the District Treasurer, for the purpose of reviewing the business operations of the District.

Review and reassess the adequacy of this Charter annually and submit the Charter to the Board of Education for approval.

Perform any other activities consistent with prudent audit and financial oversight, this Charter, District policies and governing laws and regulations.

Complete self evaluation of Committee annually.

Chapter 263 of the Laws of 2005
Commissioner’s Reg. Section 170.12

5573 Internal Audit Function
Adoption Date: 6/8/2006, Revised: 12/1/2006; Non Substantive 1/23/12

Internal auditing is an independent appraisal function established within the District to examine and evaluate its financial activities. The objective of internal auditing is to assist District staff in the effective discharge of their financial responsibilities. To this end, internal auditing furnishes them with analyses, appraisals, recommendations, counsel, and information concerning the activities reviewed. The audit objective includes promoting effective control at reasonable cost.

The scope of internal auditing encompasses the examination and evaluation of the adequacy and effectiveness of the District’s system of internal control and the quality of performance in carrying out assigned responsibilities.

While it is the responsibility of the entire Board of Education to protect all assets of the District, the Audit/Finance Committee is authorized to oversee the Internal Audit Function and to recommend to the Board the appointment of the Internal Auditor.

The Internal Auditor will maintain independence by reporting directly to the Board and the Audit/Finance Committee and not having any responsibility for other financial operations of the District. The duties of the Internal Auditor will serve as a complement to sound management decisions, a good internal control system, and external audit support.

The Internal Audit Function shall include:

a)Development of a risk assessment of District operations including, but not limited to, a review of financial policies and procedures and the testing and evaluation of District internal controls, accounting records and financial reports;

b)An annual review and update of such risk assessment;

c)Testing compliance with laws, regulations, and policy;

d)Preparation of reports, at least annually or more frequently as the Board may direct, which analyze significant risk assessment findings;

e)Recommendation for changes to strengthen controls and reduce identified risks, and the specification of time frames for implementation of such recommendations; and

f)Monitoring implementation of corrective action plans.

Education Law 2116(b)(c)

5600 Non-Instructional Operations

5610 Insurance
Adoption Date: 12/10/1998, Revised: 3/8/2012

The Board shall carry liability insurance on the school buildings and grounds and vehicles.

The Board of Education shall designate the Superintendent to seek advise from an Insurance Consultant Service concerning the school system's insurance program, when appropriate. The objective of the Board of Education is to obtain the best possible insurance at the lowest possible cost.

General Municipal Law Section 6-11

5620 Inventories
Adoption Date: 12/10/1998

The Superintendent or his designee shall be responsible for maintaining a continuous and accurate inventory of equipment owned by the District.

All supplies and equipment purchased and received by the School District shall be checked, logged, and stored through the procedures established by the administration.

5621 Authorized Use of School-Owned Materials
Adoption Date: 12/10/1998

School District materials and equipment may not be used for private profit by staff members. The Board, however, will permit school materials and equipment to be loaned to staff members when the use is related to their employment and to students when the equipment and material is to be used in connection with their studies or extra-curricular activities.Proper controls will be established to assure the lender’s responsibility for, and return of, all the equipment and materials.

5622 Food Inventory Management
Adoption Date: 9/28/2006

The purchase of food shall be made in accordance with established procurement practices. The inventory shall be safeguarded through management review of usage and perpetual inventory records.

5630 Facilities: Inspection, Operation and Maintenance
Adoption Date: 2/12/2004

Operation and Maintenance

The Superintendent is charged with the responsibility for administering plant operations in the most efficient and economical manner possible, while placing high priority on health and safety of students and conservation of natural resources.

The Board, through the Superintendent and his/her staff, has the responsibility of protecting the District investment in plant and facilities through a systematic maintenance program.

It is expected that the program shall include periodic preventive maintenance activities, long-range maintenance schedules and emergency repair procedures. It is further expected that all maintenance work will be carried out in a manner that will cause the least interference with the educational program.

Construction and Remodeling of School Facilities

Plans and specifications for the erection, enlargement, repair or remodeling of facilities of the District shall be submitted to the Commissioner when the contemplated construction costs of such work are ten thousand dollars ($10,000) or more, and for all projects affecting the health and safety of students.

Plans and specifications submitted to the Commissioner shall bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications shall also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and the State Energy Conservation Construction Code (9 NYCRR Parts 7810 through 7816).

For remodeling or construction projects costing five thousand dollars ($5,000) or more, the District shall assure compliance with the requirements of the State Uniform Fire Prevention and Building Code (9 NYCRR 600 through 1250) and Part 155 of the Commissioner's Regulations, and the District shall retain the services of an architect or engineer licensed to practice in New York State.

For remodeling or construction projects costing less than five thousand dollars ($5,000), the District shall assure compliance with the requirements of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and Part 155 of the Commissioner's Regulations.

Inspections

The administration of the School System shall cooperate with officials conducting health, fire, asbestos, bus, and boiler inspections. The administration shall keep the Board of Education informed of the results of such inspections in a timely fashion.

Comprehensive Public School Building Safety Program (Rescue)

To ensure that all school facilities are properly maintained and preserved and provide suitable educational settings, the Board of Education requires that all occupied school facilities which are owned, operated or leased by the District comply with the provisions of the Comprehensive Public School Safety Program and the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring as prescribed in Commissioner's Regulations. For this reason, the School District shall develop a Comprehensive Public School Building Safety Program in accordance with Commissioner's Regulations.

The program shall be reevaluated and made current at least annually and shall include the following:

a)A five (5) year capital facilities plan which will include an appraisal of the following: the educational philosophy of the District, with resulting administrative organization and program requirements; present and projected student enrollments; space use and State-rated student capacity of existing facilities; the allocation of instructional space to meet the current and future education program and service needs, and to serve students with disabilities in settings with non-disabled peers; priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and the provision of additional facilities.

b)A Districtwide building inventory, which will include information pertaining to each building including, but not limited to:

1.Type of building, age of building, size of building;

2.Rated capacity, current enrollment;

3.List of energy sources and major systems (lighting, plumbing, electrical, heating); and

4.Summary of triennial Asbestos Inspection reports.

c)An annual visual inspection of each occupied building and assignment of a safety rating score. The inspection committee must include a state certified code enforcement official, the District's facility director or designee, and a member of the District's Health and Safety Committee.

d)A building condition survey shall be conducted for all occupied school buildings once every five (5) years by a team that includes at least one (1) licensed architect or engineer.

e)A Districtwide monitoring system which includes:

1.Establishing a Health and Safety Committee;

2.Development of detailed plans and a review process of all inspections; and

3.Procedures for a response in writing to all inquiries about building health and safety concerns, a copy of which will be sent to the District's Health and Safety Committee for oversight, and a copy kept on permanent file.

f)Procedures to ensure the safety of the building occupants while a construction/renovation project is taking place. These procedures will include:

1.Notification to parents, staff, and the community at least two (2) months in advance of a construction project of ten thousand dollars ($10,000) or more to be conducted in a school building while the building is occupied; provided, however, that in the case of emergency construction projects, such notice shall be provided as far in advance of the start of construction as is practicable;

2.A plan to ensure that all contractors comply with all health and safety issues and regulations and wear photo ID badges;

3.An opportunity for the District's Health and Safety Committee to conduct a walk-through inspection of newly renovated or constructed areas to confirm that the area is ready to be reopened for use; and

4.An emergency plan which will address potential concerns with the capital project including, but not limited to, evacuation procedures, fire drills, and structural failures.

School Facility Report Cards

Each year the School District shall prepare a School Facility Report Card for each occupied school building.

The School Facility Report Card for each building shall be reviewed annually by the Board of Education. The Board shall report in a public meeting on the status of each item set forth in Commissioner's Regulations for each facility located in the District.

Fire Inspection:
8 New York Code of Rules and Regulations
(NYCRR) Section 155.4
Education Law Section 807-a

Health Inspection: Education Law Section 906

Asbestos Inspection: Education Law, Article 9-A
40 Code of Federal Regulations (C.F.R.)
Part 763, Subpart E

Plans and Specifications:
Education Law Sections 408, 408-a and 409
8 New York Code of Rules and Regulations
(NYCRR) Sections 155.1 and 155.2

Structural Safety Inspections:
Education Law Sections 409-d and -e, 3602, and
3641(4)
8 New York Code of Rules and Regulations
(NYCRR) Sections 155.1, 155.3, 155.4(b)(1), and155.6

5633 Closing of Facilities
Adoption Date: 12/10/1998

The Board of Education may find it necessary to consider closure and/or change of use of any school. At such time, the Board will seek professional advice and provide opportunities for citizen and staff involvement.

The Board of Education shall appoint an advisory committee consisting of Board members, administrative staff, and community representatives. The services of an architect and/or other professional qualified to evaluate facilities shall be made available when appropriate. The committee will provide an analysis as to the effect of the proposed school closure and will receive public comment on any issues relating to such closure.

The committee's summary shall be provided to the Board of Education and be available for public review.

After all essential information has been obtained and evaluated by the Board, the Board will make the final decision regarding the school closure.

Although this policy specifically regards school instructional buildings, the Board shall consider the use of the aforementioned procedures for closure or change in use of non-instructional facilities and/or grounds as well.

5634 Site Acquisition
Adoption Date: 12/10/1998

The Superintendent, working with administrative staff and such other outside consultants as he/she may deem necessary, shall continuously monitor the availability of potential school sites within the District. Sites shall be large enough to support all anticipated needs, including outdoor educational programs and related activities. In determining the suitability of a site, reasonable consideration will be given to its educational adaptability, the environment, accessibility, soil conditions, and the initial and ultimate development costs.

Sites for the erection or enlargement of an educational facility shall comply with the requirements of, and be approved by the Commissioner, pursuant to Section 408(3) of the Education Law.

The Board will involve appropriate legal counsel in all stages leading to the acquisition of a school site.
8 New York Code of Rules and Regulations
(NYCRR) Section 155
Education Law Sections 401,402,408,416
1709(6), 1910 and 1915

5635 Found Goods
Adoption Date: 12/10/1998, Revised: 3/22/2007; Non Substantive: 3/19/2012

It is common for students and visitors to our School District to lose items on school grounds or on school buses. While the District will make reasonable effort to return lost or found items, the District cannot assume responsibility for replacement or recovery of said items. When such items are found by school personnel, the supervisor in charge of the area where the item is found should make a good faith effort to discern whether the owner of the item is immediately available. If not, the item should be deposited either in the building office or the transportation office in a “Lost and Found.” If the item has a current value of $50 or more, it should be reported to the Building Principal or Department Supervisor who will make an additional effort to find the owner. At the discretion of the Assistant Superintendent for Business, the find may be reported to the Police Department.

From time to time, “Lost and Found” areas should be cleaned out and donated to an appropriate charity or to needy children. Items of current value over $50 that have still not been claimed should at that point be reported to local police authorities.

5640 Smoking/Tobacco Use
Adoption Date: 12/10/1998, Revised: 11/14/2002; Non-Substantive Revision 01/09/04, 3/19/12, Revised 03/22/07

School Grounds

Tobacco use shall not be permitted and no person shall use tobacco on school grounds at any time.

For purposes of this policy, "school grounds" means any building, structure, and surrounding outdoor grounds contained within the District's legally defined property boundaries as registered in the County Clerk's Office, as well as all District vehicles, including vehicles used to transport children or school personnel.

For purposes of this policy, tobacco is defined to include any lighted or unlighted cigarette, cigar, cigarillo, pipe, bidi, clove cigarette, and any other smoking product, and spit tobacco (smokeless, dip, chew, and/or snuff) in any form.

Posting/Notification of Policy

The District shall also ensure that this policy is communicated to staff, students, parents/guardians, volunteers, and visitors as deemed appropriate in order to orient all persons to the District's "No Smoking" Policy and environment.

Prohibition of Tobacco Promotional Items/Tobacco Advertising

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

a)On school grounds;

b)In school vehicles;

c)At school-sponsored events;

d)In school publications;

e)On clothing, shoes, accessories, gear,and school supplies in accordance with the District Code of Conduct.

This prohibition of tobacco promotional items shall be implemented in accordance with the Code of Conduct and applicable collective bargaining agreements.

Safe and Drug-Free Schools and Communities Act
20 United States Code (U.S.C.) Section 7101 et seq.
Pro-Children Act of 2001 and
20 United States Code (U.S.C.) Sections 7181-7184,
as amended by the No Child Left Behind Act of 2001
Public Health Law Article 13-E
Education Law Sections 409 and 3020-a

5650 "Charging" School Meals and Prohibition Against Shaming
Adoption Date: 12/10/1998, Revised: 3/8/2007; 10/20/2011; Non Substantive 3/19/12; Revised: 6/21/18; Non Substantive 7/10/18

The Board of Education recognizes that on occasion, students may not have enough funds for a meal. To ensure that students do not go hungry, the Board will allow students who do not have enough funds to “charge” the cost of meals to be paid back at a later date subject to the terms in this policy.

To comply with State guidelines and maintain a system for accounting for charged meals, regarding both full and reduced-price meals, the Board shall:

  1. allow only regular reimbursable meals to be charged, excluding extras, à la carte items, side dishes, additional meals, and snacks (“competitive foods”); and
  2. use a computer-generated point of sale system, which identifies and records all meals as well as collects repayments.

Charged meals must be counted and claimed for reimbursement on the day that the student charged (received) the meal, not the day the charge is paid back. When charges are paid, these monies are not to be considered “à la carte” transactions, as a section on the daily cash report or deposit summary reads “charges paid.”

Students shall not be denied a reimbursable meal, even if they have accrued a negative balance from other cafeteria purchases, unless the parent/guardian has provided written permission to the school to withhold a meal. No student with unpaid charges will be prohibited from purchasing food if they have money that day.

If school food authorities (SFAs) suspect that a student may be abusing this policy, written notice will be provided to the parent/guardian.

Students who cannot pay for a meal or who have unpaid meal debt shall not be publicly identified or stigmatized (including wristbands or hand stamps), required to do chores or work to pay for meals, or have meals thrown away after they have been served. District staff shall not discuss a student’s unpaid meal debt in front of other students. The district shall not take any action directed at a student to collect unpaid school meal fees. However, the district may discretely notify students of their account balances, and why certain items (e.g., à la carte, etc.) could not be provided with charged meals.

Student Account Balance Notification

The district’s payment system allows for automatic replenishment when a balance reaches a certain amount set by the parent/guardian. The district shall encourage parents/guardians to utilize this option.

Parents/guardians shall be discretely notified of student account balances regularly. When a student’s account balance falls to $5.00 and whenever a meal is charged, the district will discretely notify the parent/guardian of the balance, and the process to refill the account. This notification will continue regularly until the account is replenished. Parents/guardians must repay all unpaid charges remaining at the end of the year or before their child leaves the district, whichever occurs first.

The district shall discretely notify parents/guardians of students with negative balances of at least five meals and make at least two attempts to reach the parent/guardian to fill out a free/reduced price meal application, determine if the student is directly certified to be eligible for free meals, and attempt to reach the parent/guardian to assist them in the application process for free and/or reduced price meals, and determine if there are other issues within the household causing the insufficient funds and offer appropriate assistance. If a parent/guardian regularly fails to provide meal money and does not qualify for free or reduced price meals, the district may take other actions as appropriate, including notifying the local department of social services if neglect is suspected.

The school district shall notify all parents/guardians in writing on an annual basis at the start of the school year and to families transferring during the year, outlining the requirements of this policy. Enrollment packets will contain a printed free/reduced price meal application. The policy shall also be published in appropriate school and district publications. All staff involved in implementing and enforcing this policy shall also be notified of these requirements and their responsibilities. The district’s enrollment process shall include the application process for free and reduced price meals. If the district becomes aware that a student is so eligible, it shall file an application for the student. Staff responsible for assisting foster, homeless and migrant students shall coordinate with the food services staff to ensure such students receive free school meals.

Unpaid Meal Charges and Debt Collection

Unpaid meal charges are a financial burden to the district and taxpayers and can negatively affect the school program. Unpaid meal charges shall be considered “delinquent” as per the district’s accounting practices. The district shall attempt to recover unpaid meal charges before the end of the school year, but may continue efforts into the next school year. The district shall notify parents/guardians of unpaid meal charges at regular intervals, and may engage in collection activities by district staff, which do not involve debt collectors as defined in federal law (15 USC §1692a), and may not charge fees or interest. The district shall offer repayment plans, and may take other actions that do not result in harm or shame to the child, until unpaid charges are paid.

Remaining Account Balances

Remaining funds may be carried over to the next school year. When students leave the district or graduate, the district will attempt to contact the parent/guardian to return remaining funds. Parents/guardians may request that funds be transferred to other students (e.g., siblings, unpaid accounts). All transfer requests must be in writing. Unclaimed funds remaining after one school year shall be absorbed by the school meal account.

Staff

Staff members are allowed to purchase food from the district’s food services. However, all purchases must be paid for at the point of sale: cash, payment account or check. Staff members are not allowed to charge meals to be repaid later.

Building Principals, working with the head of food services, shall ensure that all district and food service staff with responsibilities under this policy will be trained on the provisions of this policy and the requirements of Education Law section 908.

5655 Energy/Water Conservation and Recycling of Solid Waste
Adoption Date: 1/27/2005, Revised: 6/8/2006; 4/5/12

The Board of Education recognizes the importance of energy and water conservation and is committed to the analysis, development, and initiation of conservation measures throughout the District for the purpose of reducing energy consumption, particularly in these times of declining levels of natural energy resources and increasing cost of these resources. The Board will ensure that every effort is made to conserve energy and natural resources while: providing for a safe, comfortable environment for our students and staff, maintaining and providing an aggressive and responsible program to reduce consumption of energy by its facilities and providing education on the conservation of energy.

The Board will engage in a formal Energy Management Plan which will include an educational component. The Energy Education Coordinator will be responsible for supervising the Energy Education Plan.

The implementation of the Energy Management Policy is the joint responsibility of the Board Members, administrators, teachers, students and support personnel, as success of the energy program is based on cooperation at all levels.

The District will maintain accurate records of energy consumption and cost of energy through the use of the guidelines stated in the Administrative Regulations.

The District will comply with the Property Maintenance Code of New York State, part of the New York State Uniform Fire Prevention and Building Code, which requires that indoor work spaces be maintained at a minimum temperature of 65 degrees from September 14 to May 31 during the period the spaces are occupied. There are exceptions for areas of vigorous physical activities such as gymnasiums as well as processing spaces such as coolers or freezers. However, by law, code or regulation, there is no maximum temperature specified. Ventilation requirements only require fresh air, not cool air-conditioning.

Recycling

The Superintendent will develop a program for the source separation and segregation of recyclable or reusable materials in the District. This Districtwide recycling plan shall include:

a) A conservation education program to teach students about their social responsibility for preserving our resources and involvement of all students and personnel in a comprehensive effort to reduce, reuse, and recycle waste materials;

b) A concerted effort to purchase recycled items and biodegradable rather than non-biodegradable products;

c) Separation of waste into appropriate categories for the purpose of recycling, including mercury-added consumer products; and

d) A cooperative effort with community recycling programs.

Environmental Conservation Law
Sections 27-2101, 27-2115
General Municipal Law Section 120-aa
19 New York State Code of Rules and Regulations
(NYCRR) Sections 1220-1226

5660 Retention and Disposition of Records
Adoption Date: 12/10/1998, Revised: 2/2/2006; Non Substantive: 4/23/2012

A Records Management Officer shall be designated by the Superintendent, subject to the approval of the Board of Education. Such Records Management Officer shall coordinate the development of and oversee a program for the orderly and efficient management of records, including the legal disposition or destruction of obsolete records, and be given the authority and responsibility to work with other local officials at all levels in the development and maintenance of the records management program. Appropriate training shall be provided for the Records Management Officer and staff.

A Records Management Committee shall be appointed by the Superintendent. Members of the committee could include the following:

  • Records Management Officer
  • Assistant Superintendent for Business
  • Assistant Superintendent for Personnel and Support Services
  • Director of Education & Support Technology
  • Director of Buildings and Grounds
  • Director of Special Education
  • Director of Transportation
  • District Treasurer
  • District Payroll Clerk
  • Secretary to the Director of Buildings and Grounds

Adjunct Committee members could include:

  • NYSAR Regional Advisor
  • Secretary to Guidance
  • Secretary to ELA/Math
  • Secretary to Assistant Principal – Primary School
  • Secretary to Assistant Principal – Elementary
  • Secretary to 6th Grade
  • Secretary to 7th Grade
  • Secretary to 8th Grade
  • Secretary to Assistant Principal - Academy

The Committee will be co-chaired by the Records Management Officer and the Assistant Superintendent for Personnel and Support Services.

The Records Management Committee shall meet at least annually, review current practices and changes in law and report to the Superintendent of Schools.

Retention and Disposition of Records

The Records Management Officer shall retain records for such a period and dispose of them in a manner described in Records Retention and Disposition Schedule ED-1, established pursuant to Part 185, Title VIII of the Official Compilation of Codes, Rules and Regulations of the State of New York and Article 57-A of the Arts and Cultural Affairs Law. As determined and approved by the District’s Records Management Committee, the only records that will deviate from the ED-1 are those that are found on 5660R.1.

Regulations and procedures shall be developed to implement this policy.

8 New York Code of Rules and Regulations
(NYCRR) Section 185
Public Officers Law 65.b
Local Government Records Act of 1987

5665 Information Security Breach and Notification
Adoption Date: 3/23/2006

The District values the protection of private information of individuals in accordance with applicable law and regulations. Further, the District is required to notify affected individuals when there has been or is reasonably believed to have been a compromise of the individual's private information in compliance with the Information Security Breach and Notification Act and Board policy.

a) "Private information" shall mean *personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:

1. Social security number;

2. Driver's license number or non-driver identification card number; or

3. Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual's financial account.

"Private information" does not include publicly available information that is lawfully made available to the general public from federal, state or local government records.

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

b) "Breach of the security of the system," shall mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the District. Good faith acquisition of personal information by an employee or agent of the District for the purposes of the District is not a breach of the security of the system, provided that private information is not used or subject to unauthorized disclosure.

Examples of Determining Factors

In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or person without valid authorization, the District may consider the following factors, among others:

a) Indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information; or

b)Indications that the information has been downloaded or copied; or

c) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.

Notification Requirements

a) For any computerized data owned or licensed by the School District that includes private information, the District shall disclose any breach of the security of the system following discovery or notification of the breach to any New York State resident whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure to affected individuals shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The District shall consult with the State Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures.

b) For any computerized data maintained by the District that includes private information which the District does not own, the District shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization.

The notification requirement may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The required notification shall be made after the law enforcement agency determines that such notification does not compromise the investigation.

Methods of Notification

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

a) Written notice;

b) Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and a log of each such notification is kept by the District when notifying affected persons in electronic form. However, in no case shall the District require a person to consent to accepting such notice in electronic form as a condition of establishing any business relationship or engaging in any transaction;

c)Telephone notification, provided that a log of each such notification is kept by the District when notifying affected persons by phone; or

d) Substitute notice, if the District demonstrates to the State Attorney General that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds 500,000, or that the District does not have sufficient contact information. Substitute notice shall consist of all of the following:

1. E-mail notice when the District has an e-mail address for the subject persons;

2. Conspicuous posting of the notice on the District's website page; and

3. Notification to major statewide media.

Regardless of the method by which notice is provided, the notice shall include contact information for the District and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired.

In the event that any New York State residents are to be notified, the District shall notify the State Attorney General, the Consumer Protection Board, and the State Office of Cyber Security and Critical Infrastructure Coordination as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York State residents.

In the event that more than 5,000 New York State residents are to be notified at one time, the District shall also notify consumer reporting agencies, as defined pursuant to State Technology Law Section 208, as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York State residents. A list of consumer reporting agencies shall be compiled by the State Attorney General and furnished upon request to school districts required to make a notification in accordance with Section 208(2) of the State Technology Law, regarding notification of breach of security of the system for any computerized data owned or licensed by the District that includes private information.

The Superintendent of Schools shall develop administrative regulations and procedures for handling information security breach and notification.

State Technology Law Sections 202 and 208

5667 Pest Management and Pesticide Use
Adoption Date: 3/28/2013

The Board of Education is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.

Structural and landscape pests can pose significant problems for people and property. Weeds and infestations can destroy playing fields and playgrounds and more importantly, cause severe allergic reactions. Pesticides can pose risks to people, property, and the environment. It is therefore the policy of the School District to incorporate Integrated Pest Management (IPM) procedures for control of weeds, structural and landscape pests. The objective of this program is to provide necessary pest control while using the least toxic approach to manage all pests, weeds and infestations.

Pest/Pesticide Management Plan

The District will manage weeds and pests to:

a) Reduce any potential human health hazard or threat to public safety.

b) Prevent loss or damage to school structures or property.

c) Prevent pests from spreading into the community, or to plant and animal populations beyond the site.

d) Enhance the quality of life for students, staff, and others.

Integrated Pest Management (IPM) Coordinator

An IPM Coordinator will be appointed by the Superintendent of schools. The Coordinator will be responsible for implementing the IPM policy and plan. The coordinator's responsibilities will include the following:

a) Recording all pest sightings by school staff and students.

b) Recording all pesticide use and utilizing the least toxic approach.

c) Meeting with a local pest control expert, such as a pesticide contractor to share information on what pest problems are present in the school.

d) Assuring that all of the expert's recommendations on maintenance and sanitation are carried out where feasible.

e) Assuring that pesticide use is done when school is not in session or when the area can be completely secured against access by school staff and students for a standard seventy-two (72) hours, or as required by the pesticide being used.

f) Evaluating the school's progress in the IPM plan.

g) Notifying parents, staff and neighbors of any applications of pesticides forty-eight (48) hours before they occur. The IPM Coordinator will serve as the District's Pesticide Representative.

Pesticide Use on Common Areas

Pesticides will not be used on playgrounds, turf, athletic or playing fields, in effect, all lawn areas of the school. In these common areas where children gather and play, pesticide alternatives will be used whenever possible and effective. The prohibition does not apply to indoor use or the application to building structures.

An exception may be made for emergency applications of pesticide only when approved in advance by the School Board. The Board may consult with the local Health Department on public health related emergency determinations. They may also consult with the Department of Environmental Conservation (DEC) for environmental emergency determinations. Emergency determinations should only be sought for one-time pesticide application in a specific situation, which presents a true emergency. The guidance document from DEC provides clarification on emergency determinations. It can be found at:www.dec.ny.gov/docs/materials_minerals_pdf/guidancech85.pdf

Some types of pesticides and alternatives, those deemed safe in federal regulation, may be allowable on playing fields and playgrounds in certain circumstances. The District will develop regulations governing the use of pesticides and their alternatives on school grounds.

Fertilizer Use

New requirements and restrictions regarding the use of phosphorus fertilizers on school grounds have been developed. Chapter 205 of the Laws of 2010 dictates the requirements which must be adhered to regarding grounds maintenance starting on January 1, 2012.

a) Fertilizer use is prohibited between December 1 and April 1 annually.

b) The use of fertilizers is prohibited within twenty (20) feet of any surface water except:

1. Where a continuous natural vegetation buffer, at least ten (10) feet wide, separates lawn and water.

2. Where a spreader guard, deflector shield or drop spreader is used, then the application may not occur within three feet of any surface water.

c) The use of phosphorus fertilizers are prohibited on lawns or other non-agricultural turf with the following exceptions:

1. The use of phosphorus fertilizers are needed to establish a new lawn; or

2. A soil test shows that phosphorus fertilizers are needed for growth.

d) Fertilizer cannot be used on any impervious surfaces and if such an application occurs, it must be cleaned immediately and legally applied or placed in an appropriate container.

Notification

The District's IPM Coordinator or designated Pesticide Representative will give prior written notice of all pesticide applications to anyone who has asked to receive such notice. The District will also notify parents, students and staff of periodic pesticide applications. The District will maintain a list of those people who wish to receive forty-eight (48) hour notice before pesticide applications and will ensure that a system is developed to deliver such notice in a timely fashion to all affected. The notification system may be by mail or email, and will ensure that a back-up method is available to notify those for whom the regular system is unworkable. The name and contact information for the District Pesticide Representative will be made available to all requesting it.

Sample forms for forty-eight (48) hour prior notification can be obtained at:www.emsc.nysed.gov/facplan/documents/PesticideNeighborNotificationGuidelineforSchools_091001.pdf

The District must also provide additional written notification to all parents and staff three (3) times per year to inform them of any pesticide applications that have occurred: within ten (10) days of the end of the school year, within two (2) school days of the end of winter recess and within two (2) days of the end of spring recess.

Recordkeeping

Records of pesticide use will be maintained on site for three (3) years. Records will be completed on the day of pesticide use. In addition, pest surveillance records will be maintained to help verify the need for pesticide treatments. Annual reports of any applications must be sent to DEC.

Education Law Sections 409-k, 409-h
Environmental Conservation Law Sections 17-2103, 33-0303
40 Code of Federal Regulations (CFR) Part 152.25
7 United States Code Section 136(mm), 136q(h)(2) (FIFRA)
NYCRR Part 155.4(d)(2)

5670 School District Safety
Adoption Date: 12/8/1998, Revised: 6/14/2001; Non Substantive 3/19/12

The Board of Education shall provide a safe and secure environment to all those persons including students, staff and visitors, who lawfully enter upon District property or who travel in District vehicles for the purpose of the District.

Coordinator

The Superintendent shall appoint an individual as Coordinator of School District Safety. The School District Safety Coordinator shall see to it that plans are developed districtwide and building-wide that meet the Regulations of the Commissioner and the safety needs of the District.

Training

The Coordinator shall see to it that appropriate staff members receive necessary training to implement the school safety plan.

Planning

The District shall develop and maintain a Districtwide Health and Safety Plan as well as Building Safety Plans. Safety Plans will include information on emergency preparedness, dealing with violent and disruptive individuals, building and site safety, and training.

Safety Committees

The District shall establish a Health and Safety committee consisting of the safety coordinator, Superintendent/designee, building administrator, teachers, maintenance personnel, transportation personnel, clerical personnel, school lunch personnel, parents, students and safety professionals. In addition, each instructional building shall maintain a Building Safety Committee.

5671 Exposure Control Program
Adoption Date: 12/10/1998, Revised: ; Non Substantive 3/19/12

The District shall establish an exposure control program designated to prevent and control exposure to infectious disease. According to the New York State Department of Labor's Division of Safety and Health and OSHA standards, the program shall consist of:

a)Guidelines for maintaining a safe, healthy school environment to be followed by staff and students alike;

b) Written standard operating procedures for blood/body fluid cleanup;

c)Appropriate staff education/training;

d)Evaluation of training objectives;

e)Documentation of training and any incident of exposure to blood/body fluids;

f)A program of medical management to prevent or reduce the risk of pathogens, specifically hepatitis B and HIV;

g)Written procedures for the disposal of medical waste; and

h) Provision of protective materials and equipment for all employees who perform job-related tasks involving exposure or potential exposure to blood, body fluids or tissues.

U.S. Department of Labor
OSHA Instructional CPL2-244B

5672 Occupational Exposure to Hazardous Laboratory Chemicals
Adoption Date: 12/10/1998

The Board of Education recognizes its responsibility to protect students and employees from the hazards associated with laboratory work.

The Board directs the Superintendent to appoint a Chemical Hygiene Officer who is qualified by training or experience to provide technical guidance in the development and implementation of a Chemical Hygiene Plan (CHP). The CHP shall set forth the necessary work practices and procedures that are capable of protecting students and employees from potentially hazardous chemicals used in the school laboratory facilities.

20 CFR 1910.1450
Occupational Exposure to Hazardous Laboratory Chemicals

5673 Infectious, Communicable and Contagious Diseases
Adoption Date: 12/10/1998

Infectious, communicable and contagious diseases may threaten health of the infected individual and the health of the school population at large. It is the objective of the District to define methods for dealing with infection in the school in ways that protect the health of students and staff, while minimizing the disruption of the education process.

The Superintendent shall develop regulations to determine whether circumstances exist that would tend to require special precautions and to establish the action to be taken by the District.

5673.5 Anthrax and Other Biological Terrorism: Prevention Protocols/Protocols for Mail Handling
Adoption Date: 1/10/2002, Revised: 3/22/2007

The District shall assess and review protocols for handling mail or packages. Common sense and care should be used in inspecting and opening mail or packages. In the event of a threat, steps should be taken to limit the areas and persons exposed to the threat. 911 should be called immediately and their directions followed. Building administration should also be informed immediately.

Whenever necessary, as determined by the Superintendent or designee,the opening of mail should be limited to one individual staff member in an area that is separate from other accessible areas within the school building, including the main office. Additionally, precautions would be taken for those staff members responsible for handling letters or packages such as making available protective gloves to be worn when handling mail and providing appropriate training and protocols for the handling of mail and identifying suspicious envelopes or packages.

As much as possible, the school would attempt to limit the area and the persons exposed to the threat and would not allow anyone other than qualified emergency personnel to enter. Custodial and maintenance personnel would follow established procedures for quickly shutting down the building(s) heating/air conditioning/and ventilation systems if possible and as may be deemed necessary.

Furthermore, the building administrator/designee should, as soon as possible, make a list of all persons who have been identified as having actual contact with the powder or other suspicious element, such as anthrax.

Administration shall review and revise, as appropriate, their school safety plans, and provide information regarding applicable safety prevention and response procedures to all staff.

All threats to school buildings and/or its occupants shall be treated seriously. All threats shall be treated as criminal actions and measures shall be taken to preserve the evidence.

5674 Crisis Response
Adoption Date: 12/10/1998, Revised: 5/24/2012

When a crisis arises no school system is immune to the physical or emotional effects on its students, staff and the local community. Immediate, effective and responsible management and communication will address the crisis to help maintain the wellbeing of students and employees. Effective communication with the school community is a vital part of this process.

The Emergency Management Plan outlined in Policy 5675 shall provide guidance for addressing a crisis. A Crisis Team shall develop a plan to address immediate needs and necessary communications. The Superintendent/designee shall be responsible for informing staff of the crisis plan that is to be developed by both administration and the Crisis Team.

The District shall develop and maintain a unified position. The Superintendent/designee shall be the media spokesperson who shall be briefed on all details. Only this spokesperson shall talk to and maintain a timely flow of information to the media.

5675 Emergency Management Plan
Adoption Date: 12/10/1998, Revised: ; Non Substantive: 4/23/2012

The Superintendent will prepare guidelines for the development of a District Emergency Management Plan in order to be prepared for an emergency or crisis in the District and to ensure prompt, thoughtful response. The plan shall make provision for:

a)Shelter,

b)Evacuation,

c)Early dismissal,

d)Annual written notification to students and staff,

e)An annual drill, and

f)Coordination with local emergency preparedness coordinators.

An Emergency Planning Committee (or Crisis Team) may be established to supervise the plan, and an Emergency Management Plan Coordinator (or Crisis Team Leader) may be appointed with responsibility for overall coordination and decision making should an emergency occur.

The Board of Education may create and sustain a control center in anticipation of an emergency. Further, a survey shall indicate the location of potential emergency sites on School District property as well as within the community itself.

8 New York Code of Rules and Regulations
(NYCRR) Section 155.13

5676 Cardiac Automated External Defibrillators (AEDs) in Public School Facilities
Adoption Date: 10/10/2002, Revised: ; Non substantive 3/2/07; 4/23/12

The School District shall provide and maintain on-site in each instructional school facility functional cardiac automated external defibrillator (AED) equipment as defined in Public Health Law Section 3000-b for use during emergencies. Each such facility shall have sufficient automated external defibrillator equipment available to ensure ready and appropriate access for use during emergencies in quantities and types as deemed by the Commissioner of Education in consultation with the Commissioner of Health. Determination of the quantity and placement of AEDs must be made with consideration of at least the factors enumerated in Commissioner’s Regulations.

Whenever an instructional School facility is used for a school-sponsored or school-approved curricular or extracurricular event or activity and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for such school facility or athletic contest shall ensure that AED equipment is provided on-site and that there is present during such event, activity, or contest at least one staff person who is trained in accordance with Public Health Law in the operation and use of an AED.

Where a school-sponsored competitive athletic event is held at a site other than a school facility, school district officials shall assure that AED equipment is provided on-site by the sponsoring or host district and that at least one staff person who is trained, in accordance with Public Health Law in the operation and use of the AED, is present during such athletic event.

School facilities and staff responsible for carrying out the duties enumerated in Education Law Section 917 are deemed a “public access defibrillation provider” as defined pursuant to Public Health Law Section 3000-b and subject to the Public Health Law requirements and limitations.

Therefore, it is the policy of our school to provide proper training requirements for AED users, to ensure the immediate calling of 911 and/or the community equivalent ambulance dispatch entity whenever the AED is used, to ensure ready identification of the location of the AED units as enumerated in the Public Access Defibrillation Collaborative Agreement.

The District will provide for regular maintenance and checkout procedures of the AED unit(s) which meet or exceed manufacturer’s recommendations. Appropriate documentation will be maintained in accordance with law and/or regulation. Further, the District will participate in the required Quality Improvement Program as determined by the Regional Emergency Medical Services Council.

Pursuant to Public Health Law Sections 3000-a and 3000-b, the school (as a public access defibrillation provider), or any employee or other agent of the school who, in accordance with the provisions of law, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED to a person who is unconscious, ill or injured, shall not be liable for damages for injury or death unless caused by gross negligence.

Education Law Section 917
Public Health Law Sections 3000-a and 3000-b
8 New York Code of Rules and Regulations
(NYCRR) Section 135.4

5677 Use of Surveillance Cameras in the School District
Adoption Date: 4/22/2004

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

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

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

a) Demonstrated effectiveness for the device at designated locations;

b) Appropriateness and effectiveness of proposed protocol;

c) The use of additional, less intrusive, means to further address the issue of school safety (e.g., restricted access to buildings, use of pass cards or identification badges, increased lighting, alarms);

d) Right to privacy and other legal considerations (which should be referred to the School Attorney for review and compliance with applicable laws and regulations); and

e) Expense involved to install and maintain the use of surveillance cameras at designated locations, including school buses and/or on school grounds.

Any video recording used for surveillance purposes in school buildings, school buses and/or on school property, shall be the sole property of the District; and the Superintendent or his/her designee will be the custodian of such recordings. All video recordings will be stored for a period of no less than five (5) days and secured to avoid tampering and ensure confidentiality in accordance with applicable laws and regulations.

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

5678 Opioid Overdose Prevention
Adoption Date: 2/25/2016

The Board of Education recognizes that many factors, including the use and misuse of prescription painkillers, can lead to dependence on and addiction to opiates, and that such dependence and addiction can lead to overdose and death. The Board wishes to minimize these deaths by the use of opioid overdose prevention measures.

The Board directs that the district shall operate an Opioid Overdose Prevention Program registered with the New York State Department of Health. The Superintendent of Schools is designated as the Program Director. The Board permits the administration of naloxone (also known as Narcan, among other names) nasal spray, by volunteer trained responder staff, to any student, staff member, or community member who is attending a school function and shows opioid overdose symptoms. 911 must also be called per training protocol.

The Board permits any staff member to volunteer to be trained in naloxone administration, via the district’s Opioid Overdose Prevention Program, by contacting the Program Director. Naloxone kits provided by the Program through the Department of Health shall be stored as indicated in the district’s regulation for the Program and shall be accessible during school hours and during on site school sponsored activities. The district shall comply with all recordkeeping, inventory, documentation and notification requirements of state regulations. The Program Director shall maintain a list of all trained responders in the district and/or building, as appropriate.

The Board will appoint the school physician as the Opioid Overdose Prevention Clinical Director. The Board directs the Clinical Director to issue a non-patient specific order to school nurses and other trained responders to administer intranasal naloxone (also known as Narcan, among other names). The non-patient specific order shall include a written protocol containing the elements required by the regulations of the Commissioner of Education.

Ref: Education Law §§922 (volunteer naloxone responder); 6527 (emergency treatment of anaphylaxis and opioid overdose); 3023 (liability coverage); 6909 (administration of naloxone by nurses)Public Heath Law §3309 (volunteer naloxone responder)

5700 Transportation

5710 Transportation Program
Adoption Date: 12/10/1998

Student transportation is an important responsibility of the School District. It is the intent of the Board of Education to comply with the letter and spirit of laws relating to student transportation. Transportation shall be provided for students whose legal residence is in the School District, in accordance with existing laws, Commissioner's Regulations, and local policies.

5711 Regular Transportation
Adoption Date: 12/10/1998

Scope of Transportation

Daily transportation of eligible students shall be limited to transportation to and from school once daily.

Eligibility for Transportation

Children living in the District will be entitled to transportation between their home and public or private schools located within the District providing the distance from their home to school as determined by the nearest available route is equal to or greater than the distance shown below:

Grade Level

Minimum Distance to Bus Stop

Kindergarten

.25 miles

Grade 1 – 5

.5 miles

Grade 6

.7 miles

Grade 7 – 8

1.5 miles

Grade 9 - 12

2.0 miles

Pick-Up and Discharge Stations

In order to provide safe and efficient transportation for students in the Canandaigua City School District, permanent pick-up and discharge stations shall be established for each bus run annually. Pick-up and discharge stations will be located at reasonable intervals in accordance with bus load patterns. .No eligible child will be expected to walk farther than .5 miles to a bus pick-up/discharge station. When seats are available, the District may fill a bus with students living within the designated mileage limit.

Non-Resident Students

Transportation for non-resident students to public or private schools within the District shall be available from the established bus stops within the District and in conformance with the established schedules.

Maximum Time Periods

It is the intention of the Board of Education that students will not be required to ride on buses for any one trip for periods in excess of sixty (60) minutes.

5712 Special Transportation
Adoption Date: 12/10/1998, Revised: 1/11/2007

Definition

For the purpose of this policy, “Special Transportation” shall be all transportation of students other than to and from school once daily. The Board of Education recognizes the value of educational and cultural experiences derived from student activities requiring transportation service. Therefore, the Board will strive to appropriate funds within the resources of the District for transportation service for field trips, activity runs, co-curricular activities and interscholastic athletics.

Eligibility

Special transportation shall be provided from school to home following special activities for students normally transported. Such special activities may include and are not limited to students who remain after the normal school dismissal time for extra help, to participate in an extracurricular activity sanctioned by the school, interscholastic and intramural athletics and other such requests as approved by the administration. Special transportation may be provided from school and return for field trips, athletic contests, trips to other schools, student conferences or programs outside of the School District and other appropriate activities approved by the administration.

Use of Buses by Community Groups

Upon application to and approval by the Superintendent/designee, buses may be rented to a municipal corporation; to any senior citizen group recognized and funded by the Office for the Aging; to any not-for-profit organization serving those with disabilities; or, to any not-for-profit organization which provides recreational youth services or neighborhood recreation center and to other organizations for purposes as authorized under Education Law 1501(b).

Rental or Lease of Buses shall be made when the following conditions exist:

a)Provisions for adequate supervision to prevent damage to the buses.

b)All costs are paid to the District by the renting organization.

c) Only drivers currently certified to operate a Canandaigua School District bus are retained to drive the vehicle.

d) Such rentals are made only for times when vehicles are not needed for student transport and must be made for a consideration acceptable to the Board.

Approval

Request for special transportation shall be made to the Superintendent of Schools.

The Superintendent/designee is authorized to approve use of buses by community groups in accordance with this policy.

Board of Education approval is required for all requests for student transportation which exceed 100 miles one way or include one or more nights away from the School District.

5715 School Bus Idling
Adoption Date: 10/14/2004, Revised: 3/22/2007; Non Substantive 6/11/2012

The Board of Education recognizes the need to promote the health and safety of District students and staff and to protect the environment from harmful emissions found in bus exhaust, in particular diesel exhaust, by eliminating the unnecessary idling of all school buses on school property including all schools within the District or at any school or school related activities to which District students are transported. For purposes of this policy, an "idling school bus" shall mean a school bus that is parked or stopped at a school or other location and has its engine running. This policy applies to the operation of every District-owned and/or contracted school bus. The District shall strive to eliminate all unnecessary idling of school buses such that idling time is minimized in all aspects of school bus operation.

In accordance with the Rules and Regulations of the New York State Department of Environmental Conservation (DEC), excessive idling of certain vehicles is illegal in New York State. State regulations provide in part that buses exceeding 8,500 pounds and designed primarily for transporting persons or properties (i.e., a "heavy duty vehicle") shall not idle for more than five (5) consecutive minutes when not in motion unless otherwise authorized by the regulations. The state regulations apply to a heavy duty vehicle whether or not powered by a diesel or non-diesel fueled engine.

Further, the five (5) consecutive minute limitation on idling applies to buses whether owned, operated or leased by the District and regardless of location.

Exceptions

Exceptions to the five (5) consecutive minute limitation on idling of school buses will be as enumerated in state regulations and include, but are not limited to, the following:

a)The bus is forced to remain motionless because of the traffic conditions over which the driver has no control;

b)Idling to maintain an interior temperature of fifty (50) degrees Fahrenheit when there are passengers on the bus or if air conditioning is available an interior temperature of seventy (70) degrees Fahrenheit when the temperature outside is more than eighty (80) degrees and there are passengers on the bus;

c)Auxiliary function such as wheelchair lifts IF the operation requires the engine to continue running; and

d)When operation of the vehicle is required for maintenance, including necessary pre-trip safety inspections.

Publication of District Policy/Bus Driver Training

This policy shall be posted at the Transportation Department and bus garage. The Director of Transportation shall provide training to District bus drivers/transportation personnel on the District's idling reduction program and other practices for environmentally friendly bus operations to reduce school bus emissions and minimize exposure to bus exhaust. Appropriate signage shall be posted at each school to remind drivers and school staff of the policy.

Also, as may be applicable, the District shall ensure that each vendor/contract bus company receives a copy of the District policy regarding idling of school buses and shall provide any educational materials, regulations and/or procedures developed by the District with regard to meeting training requirements of the District's idling reduction program. The vendor/contract bus company shall sign for receipt of all of the above documents at the beginning of each school year and shall provide training for all currently employed bus drivers/transportation personnel. The vendor/contract bus company must also ensure that newly hired bus drivers, upon employment, are informed of the District policy and provided appropriate training regarding the idling of school buses.

The provisions of this policy shall be incorporated by reference in all transportation contracts and agreements.

The District shall otherwise publish its School Bus Idling Policy at its discretion which may include publication in the Annual District Transportation Publication.

Sanctions for Violation of District Policy

District employed bus drivers as well as other District employees who are known to have engaged in prohibited behavior with regard to excessive idling of school buses are subject to disciplinary action pursuant to the applicable collective bargaining agreement, as well as the sanctions provided for in law and/or regulations.

Any significant violations by vendors/contract bus companies of District policy and/or regulations regarding excessive idling of school buses shall result in revocation of their contract for the transportation of District students. They may be subject to sanctions provided for in law and/or regulations.

The District will monitor and enforce compliance with this policy. Any person may report incidents of noncompliance by contacting the Director of Transportation.

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

5730 Transportation of Students
Adoption Date: 3/3/2005, Revised: 3/22/2007

5730 Transportation of Students

Requests for Transportation To and From Non-Public Schools

The parent or guardian of a parochial or private school child residing in the School District who desires that the child be transported to a parochial or private school outside of the School District during the next school year should submit a written request to the Board of Education no later than April 1 of the preceding year, or within thirty (30) days of moving into the District. No late request of a parent or guardian shall be denied where a reasonable explanation is provided for the delay.

Transportation of Students with Disabilities

Students with disabilities in the District shall be transported up to fifty (50) miles (one way) from their home to the appropriate special service or program, unless the Commissioner certifies that no appropriate nonresidential special service or program is available within fifty (50) miles. The Commissioner may then establish transportation arrangements.

Transportation of Non-Resident Students

Transportation for non-resident students to public or private schools within the District shall be available from the established bus stops within the District and in conformance with the established schedules. Otherwise, non-resident families must provide their own transportation.

Transportation to School-Sponsored Events

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

Education Law Sections 1604, 1709, 1804,
1903, 1950, 2503, 2554, and 2590-e, 3635,
4401(4), 4404, and 4405

5740 School Bus Safety Program
Adoption Date: 12/10/1998, Revised: ; Non Substantive 6/11/2012

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

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

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

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

5741 Use of Video Cameras on School Buses
Adoption Date: 12/10/1998, Revised: 3/22/2007

School buses may be equipped with video cameras in order to monitor student behavior. Violations of the school code of conduct, as well as participation in any illegal activities, will be dealt with in accordance with applicable laws and District regulations.

All electronic recordings used in relation to this policy shall be the sole property of the District. The Superintendent or designee shall be the custodian of such recordings. Requests for viewing a recording must be made in writing to the Superintendent or designee. If the request is granted, such viewing must occur in the presence of a District Administrator. Under no circumstances will the District’s recording be duplicated, distributed or removed from District premises unless in accordance with court order or subpoena.

6000 Personnel

6100 Personnel

6110 Goals and Objectives of the Personnel System
Adoption Date: 12/10/1998

The Board of Education recognizes that a dynamic and efficient staff dedicated to education is necessary to maintain a constantly improving educational program. The Board is interested in its personnel as individuals, and it recognizes its responsibility for promoting the general well-being of the staff.

The Board is committed to providing a coordinated staff of specially trained personnel so that each discipline or area of responsibility has proper emphasis in the total curriculum and the school system organization.

Duties of these personnel shall be outlined by the Superintendent and approved by the Board.

Additionally, the District’s specific personnel service goals are:

a)To recruit, select and employ the best qualified personnel to staff the school system;

b)To develop the quality of human relationships necessary to obtain maximum staff performance and satisfaction;

c)To deploy the available personnel and insure that they are utilized as effectively as possible;

d)To employ sufficient personnel to meet the District’s purposes;

e)To conduct an employee appraisal program consistent with Regulations of the Commissioner of Education that will contribute to the continuous improvement of staff performance;

f)To develop and manage a staff compensation program sufficient to attract and retain qualified employees;

g)To provide an in-service training program for all employees which will improve their performance, encourage retention and where applicable, allow promotion;

h)To administer effectively all employee negotiated contracts.

6115 Whistle Blowing: Fraud and Wrongful Conduct
Adoption Date: 4/28/2005, Revised: 1/11/2007; 04/19/07; Non Substantive 4/5/10; 6/11/12

All individuals associated with the Canandaigua City School District including but not limited to members of the Board of Education, employees, students, volunteers, and individuals with contractual relationships with the School District are expected to abide by applicable state and federal laws and all policies and regulations of the School District regarding standards for personal conduct.

It is the responsibility of every employee and Board of Education member to be aware that the potential of fraud to occur within a school district is a possibility. Employees and Board members are charged with the responsibility of reporting any potential fraudulent activities. No individual may be compelled by any person to violate any such policy or regulations.

Disclosure

Any person who has knowledge of specific acts that he or she reasonably believes constitutes wrongful conduct should disclose the conduct to the appropriate District official or appointee defined under this policy.

The District has policies, regulations, and procedures for maintaining standards of conduct. Relevant policies, regulations, and procedures include but may not be limited to:

  • District Policies on the protection of District money, resources, and services (Policy Numbers: 5210, 5221, 5310, 5510, 5520, 5540, 5620, 5625, 5125, 6152 and 6116);
  • District Policies on Student Extra-Classroom Fund (Policy Numbers: 7410,7470,7471);
  • District Policies on conflicts of commitment and interest (Policy Number: 5420, 5421, 5430, 6150)
  • District Policy on Equal Employment Opportunity #6160 and Equal Educational Opportunities #7570
  • District Policy on Sexual Harassment #6161
  • District Policy on Racial Harassment #6162

In matters relating to wrongful conduct as defined in the policies referenced above, or other wrongful conduct in one’s job performance that is not covered by specific District policy, the President of the Board of Education, the School Attorney, the Internal Auditor or the Superintendent of Schools (unless the disclosure is against actions of the Superintendent) shall be the Board appointees to receive such disclosures and to ensure that there is an investigation of the disclosure of alleged wrongful conduct. Employees may make such disclosures directly to their immediate supervisor or the Board appointee. The immediate supervisor must then make the disclosure to the Board appointee.

Authorization

The Superintendent of Schools shall devise additional administrative regulations and procedures for handling disclosures and responding to complaints of reprisal or retaliation in accordance with the framework of this policy. This policy, and other relevant regulations and procedures, shall be discussed with employees at the time of their hiring, published in employee handbooks, and posted on the District website.

Reprisal

Employees are protected from any retaliatory action based on disclosure of alleged or actual wrongful conduct. An employee who has been subjected to an adverse employment action based on his or her prior disclosure may contest the action by filing a written complaint of reprisal with the President of the Board of Education. Nothing in this policy or accompanying regulation is intended to interfere with legitimate employment decisions.

Knowingly Makes False Accusations

Any individual who knowingly makes false accusations against another individual as to allegations of financial improprieties/fraud may also face appropriate disciplinary action.

Education Law Section 3020 Civil Service Law Section 75

6116 Medicaid Non Intimidation and Non Retaliation Policy
Adoption Date: 11/19/2009, Revised: 4/5/2010

The Board of Education prohibits any retaliatory behavior directed against the person or persons who reports a non compliance issue or suspicion in good faith, as well as against any witness who testifies in a non compliance investigation.

This includes, but is not limited to, reporting potential issues, investigation issues, self evaluations, audits and remedial actions and reporting to appropriate officials as provided in Section 740 and 741 of the labor law.

Part 521, Title 18 of Codes, Rules and Regulations of the State of New York

6120 Drug-Free Workplace
Adoption Date: 12/10/1998

All programs in the District, including those which receive Federal funds, shall comply with the provisions of the Drug-Free Workplace Act of 1998 (Public Law 100-690).The Board of Education directs the Superintendent to develop and implement a Drug-Free Workplace Program and take all other action needed to comply with the provisions of the Act.

6121 Misuse of Alcohol, Drugs and other Substances (School Personnel)
Adoption Date: 12/10/1998, Revised: 1/17/2013; Non-Substantive Revision 5/29/02

The Board of Education, recognizing that students are often influenced by teachers and other members of a school’s staff, impresses upon staff members the importance of maintaining a high level of professionalism appropriate to their position, which, in turn, shall set a positive example for students.

The Board will not permit the consumption, sharing and/or selling, use and/or possession of illegal drugs, counterfeit and designer drugs or alcoholic beverages or tobacco in the workplace, or when the effects of such drugs may impair an employee’s job performance. The inappropriate use of prescription and over-the-counter drugs shall also be disallowed.

Information about any drug and alcohol counseling and/or rehabilitation programs shall be made available to employees. Data will also include the range of penalties, (consistent with local, state and federal law), up to and including termination of employment and referral for prosecution that will be imposed on employees who have transgressed the terms of this policy.

Additionally, confidentiality shall be ensured as required by state and federal law.
Education Law Sections 913, 1771(5)(e),
and 3020-a
Civil Service Law Section 75

6130 Health Examinations
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 5/29/02, Non-Substantive Revision 07/21/04

All teachers initially appointed to probationary positions shall obtain a physical examination. When such examination is made by the school physician/nurse practitioner, the cost of such examination shall be borne by the District. A teacher, however, may elect to have a health examination at his/her own expense by a physician of his/her own choice.

The Board reserves the right to request a health examination at any time during employment, at School District expense, in order to determine whether the employee can perform the essential functions of the position with or without reasonable accommodation.

Support staff initially appointed to positions may be requested to obtain physical examinations at the expense of the School District. The physical examination is to be obtained from the school physician/nurse practitioner.

All bus drivers and substitute bus drivers shall have yearly physical examinations. Each bus driver initially employed by the School District shall have a physical examination within the four (4) weeks prior to the beginning of service. In no case shall the interval between physical examinations exceed a thirteen (13) month period.

Annual or more frequent examinations of any employee may be required, when, in the judgment of the school physician/nurse practitioner and the Superintendent, such procedure is deemed necessary.

The final acceptance or rejection of a medical report with reference to the health of an employee lies within the discretion of the Board. The decision of the physician designated by the Board as the determining physician shall take precedence over all other medical advice.

Education Law Section 913 and 3624
8 New York Code of Rules and Regulations
(NYCRR) Section 156.3(2)
10 New York Code of Rules and Regulations
(NYCRR) Part 14
15 New York Code of Rules and Regulations
(NYCRR) Part 6

6131 Employees with HIV-Related Illness
Adoption Date: 12/10/1998

The Board recognizes the public concern over the health issues surrounding Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus Infection (HIV). The Board also recognizes, based upon the current state of medical knowledge, that the virus associated with AIDS is not easily transmitted and there is no evidence that AIDS or the HIV virus can be transmitted by casual social contact in the open school setting.

The Board acknowledges the rights of those persons diagnosed as having AIDS or HIV infection in continuing their employment. The Board also takes notice that under current law and regulation the disclosure of confidential AIDS and/or HIV-related information must be strictly limited.

Accordingly, it is the policy of the Board that no District employee be prevented from continuing his or her employment solely on the basis of being diagnosed as having AIDS or HIV infection. In accordance with current law and regulations, it is also the policy of the Board to prevent any employee from being subjected to adverse or discriminatory treatment or stigma solely because of such diagnoses.

The Superintendent is hereby directed to develop administrative regulations in regard to the employment of individuals so diagnosed.

The Superintendent shall establish and implement guidelines and routine sanitary hygiene procedures for dealing with all spills of blood and other body fluids in or on school premises and grounds. All personnel shall comply with said guidelines. The Superintendent shall consult public health officials, as appropriate, for the most current methods and information pertaining to such procedures.

In addition, the Superintendent shall develop and implement in-service education and training for all personnel concerning AIDS and HIV infection and the routine sanitary hygiene procedures to be followed in the case of all spills of blood and other body fluids.

6135 Fingerprinting of Prospective School Employees
Adoption Date: 8/30/2001, Revised: ; Non-Substantive Revision 3/12/04, Non-Substantive Revision 02/16/05, Non-Substantive Revision 12/17/12

Unless otherwise authorized in accordance with law and regulation, the District shall not employ or utilize a prospective school employee, as defined below, unless such prospective school employee has been granted a full clearance for employment by the State Education Department (SED). The School District shall require a prospective school employee who is not in the SED criminal history file to be fingerprinted for purposes of a criminal history record check by authorized personnel of the designated fingerprinting entity. For purposes of this provision of law, the term criminal history record shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the Division of Criminal Justice Services (DCJS) and the Federal Bureau of Investigation (FBI).

Prior to initiating the fingerprinting process, the District shall furnish the applicant with written notice on a form prepared by the Commissioner of Education addressing the fingerprinting requirements and the applicant's right to obtain, review and seek correction of his/her criminal history information. Additionally, where the prospective school employee is not already in the SED criminal history file, the District shall obtain the signed, informed consent of the applicant to perform the criminal history check. Every set of fingerprints taken shall be promptly submitted to the Commissioner of Education for purposes of clearance for employment.

Where the prospective school employee is already in the SED criminal history file, the District shall request the clearance for employment on forms or an equivalent manner prescribed by SED. Furthermore, the District shall notify SED, in a manner prescribed by the Department, of a prospective school employee who has commenced employment with or began providing services for the District, the date of the commencement of such employment or service, and the position held by such individual. Similarly, the District shall notify SED, in a manner prescribed by the Department, of a fingerprinted employee who has been separated from employment with the District or ceased providing services for the School District, and the date of such separation from employment or cessation of services. All criminal history records processed by DCJS and the FBI and sent to the Commissioner of Education are confidential. The records may not be published or in any way disclosed to persons other than the Commissioner unless otherwise authorized by law.

Unless otherwise exempted pursuant to law, the applicant shall be responsible for the payment of fees to SED for a criminal history record check. However, if approved by Board resolution, the District may authorize the payment of such fees on behalf of prospective employees. The Board is also authorized to waive the payment of such fees in cases of unreasonable financial hardship to the applicant or his/her family. If the Board decides to waive payment of the fees for the prospective employee, payment of the fees becomes the District's responsibility.

Who Must Be Fingerprinted

All "prospective school employees" of the School District must be fingerprinted. For purposes of this policy and the applicable provisions in law and Commissioner's Regulations, "prospective school employee" shall mean any individual who will reasonably be expected by the School District to provide services which involve direct contact, meaning in person, face-to-face communication or interaction, with students under the age of twenty-one (21) and who is either:

a)Seeking a compensated position with the District and is not currently employed by the District or a student enrolled in the instructional program of a grade level in the School District; or

b)An employee of a provider of contracted services to the School District who is to be placed within the District; or

c)A worker who is to be placed within the District under a public assistance employment program pursuant to Title 9-B of Article 5 of the Social Services Law, directly or through contract; or

d) Any individual who is employed by or associated with a supplemental educational services provider and who will provide supplemental educational services through direct contact with eligible children, regardless of the location in which such services are delivered.

Individuals Who Are Specifically Excluded

Individuals excluded from a criminal history record check/fingerprinting pursuant to this provision of law and regulation are those individuals who:

a)Are seeking a position as a school bus driver or school bus attendant and are cleared for employment pursuant to the Vehicle and Traffic Law; or

b)Have provided services to the District in the previous school year either in a compensated position, or as an employee of a provider of contracted services to the District, or as a worker placed within the School District under a public assistance employment program pursuant to Title 9-B of Article 5 of the Social Services Law directly or through contract; or

c)Will reasonably be expected by the School District to provide services for the District on no more than five (5) days in the school year in which services are to be performed, provided that the District provides in-person supervision of such individual by one (1) or more employees of the District while that individual is providing such services. Individuals providing such time-limited and supervised services may include but shall not be limited to artists, guest lecturers and speakers, and sports officials.

Any prospective employee who previously has been fingerprinted in order to obtain certification, and whose fingerprints remain on file with the Division of Criminal Justice Services (DCJS), will not be required to be fingerprinted again for purposes of a criminal history record check.

Removal from the SED Criminal History File

Where individuals have been separated from employment at the School District and have not become employed in this District or another school district, BOCES or charter school within twelve (12) months of such separation, SED shall notify DCJS of such separation for the purpose of destroying the fingerprints of that individual. Further, upon request of such individual, SED shall notify DCJS prior to the expiration of such twelve-month period for the purpose of destroying his/her fingerprints. Such individuals shall be removed from the SED criminal history file.

Conditional Appointments/Emergency Conditional Appointments

Conditional Appointments

Whenever possible, a "full" clearance will be received for all new employees requiring such clearance before they begin work for the District. However, upon the recommendation of the Superintendent of Schools, the Board of Education may conditionally appoint a prospective employee. A request for conditional clearance shall be forwarded to the Commissioner of Education along with the prospective employee's fingerprints as mandated pursuant to law. Such conditional appointment shall not commence until notification by the Commissioner that the prospective employee has been conditionally cleared for employment, and such conditional employment shall terminate when the School District is notified of the determination by the Commissioner to grant or deny full clearance; however, if full clearance is granted, the appointment shall continue and the conditional status shall be removed.

Prior to commencement of such conditional appointment, the District must obtain a signed statement for conditional employment from the prospective employee indicating whether, to the best of his/her knowledge, the prospective employee has a pending criminal charge or criminal conviction in any jurisdiction outside the state.

Emergency Conditional Appointments

Upon the recommendation of the Superintendent of Schools, the Board may make an emergency conditional appointment when an unforeseen emergency vacancy has occurred. When such an appointment is made, the process for conditional appointment as enumerated above must also be initiated.

Emergency conditional appointment may commence prior to notification from the Commissioner of Education on conditional clearance but shall terminate twenty (20) business days from the date such appointment commences or when the District is notified by the Commissioner that conditional clearance is either granted or denied, whichever occurs earlier; however, if conditional clearance is granted, the appointment shall continue as a conditional appointment.

Prior to the commencement of such appointment, the District must obtain a signed statement for emergency conditional appointment from the prospective employee indicating whether, to the best of his/her knowledge, the prospective employee has a pending criminal charge or criminal conviction in any jurisdiction.

An unforeseen emergency vacancy shall be defined as:

a) A vacancy that occurred less than ten (10) business days before the start of any school session including summer school, or during any school session including summer school, without sufficient notice to allow for clearance or conditional clearance (however, this ten (10) business day timeframe provision shall not apply if the Board of Education finds that the School District has been unable to fill the vacancy despite good faith efforts to fill the vacancy in a manner that would have allowed sufficient time for full clearance or conditional clearance); and

b)When no other qualified person is available to fill the vacancy temporarily; and

c) When the emergency conditional appointment is necessary to maintain services which the District is legally required to provide or services necessary to protect the health, education or safety of students or staff.

Safety of Students

The District will develop internal building and/or program procedures to help ensure the safety of students who have contact with an employee holding conditional appointment or emergency conditional appointment. Such procedures will address the safety of students in the classroom, students attending off-campus activities under the supervision of the School District, and students participating in extracurricular and/or co-curricular activities (including sports and athletic activities).

Safety procedures to be addressed include, but are not limited to, the following: supervision of the employee holding conditional appointment/emergency conditional appointment as determined appropriate by the applicable building/program administrator; and periodic visitations by the building/program administrator to the classroom, program and/or activity assigned to the employee holding conditional appointment/emergency conditional appointment.

"Sunset" Provision for Conditional Appointments/Emergency Conditional Appointments

The provisions in law which permit the conditional appointment and/or emergency conditional appointment of employees pending full clearance from SED shall terminate, in accordance with legislation, on July 1, 2005; and shall be rescinded as Board policy and procedure as of that date (unless subsequent revisions to applicable law provide otherwise).

Education Law Sections 305(30), 1604, 1709, 1804,
1950, 2503, 2554, 2590-h, 2854, 3004-b and -c,
and 3035
Correction Law Article 23-A
Executive Law Section 296(16)
Social Services Law Article 5, Title 9-B
8 New York Code of Rules and Regulations
(NYCRR) Sections 80-1.11 and Part 87

6140 Loyalty Oath
Adoption Date: 12/10/1998

All teaching personnel shall be required to take an Oath or file a statement of Allegiance to the Constitution of the United States and the State of New York before the effective date of their appointment or employment.

Education Law Section 3002
Civil Service Law Section 62

6150 Code of Ethics for All District Personnel
Adoption Date: 12/10/1998, Revised: 5/25/2006; Non Substantive 4/5/10

Section 1

The Board of Education recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. Therefore, the Board of Education hereby promulgates these rules of ethical conduct for the officers and employees of the Canandaigua City School District. These rules of ethical conduct as adopted shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.

Section 2 – Definitions

a)“Officer or Employee” means a member of the Board of Education, officer, agent or employee of the City School District of Canandaigua, New York, whether paid or unpaid, including members of any administrative board, committee or other agency thereof.

b)“Interest” means direct or indirect pecuniary or material benefit accruing to an officer or employee as the result of a contract or agreement with the School District. For purposes of this policy, a municipal officer or employee shall be deemed to have an interest in the contract of (1) his/her spouse, minor children and dependents except a contract of employment with the School District; (2) a firm partnership or association of which such officer or employee is a member or employee; (3) a corporation of which such officer or employee is an officer, director or employee; and (4) a corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.

Section 3 – Standard of Conduct

Every officer or employee of the City School District, Canandaigua, New York shall be subject to and abide by the following standards of conduct:

a)Gifts. He//she shall not, directly or indirectly, solicit any gift; nor shall he/she accept or receive any gift having a value of seventy-five dollars ($75) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could be reasonably be inferred that the gift was intended to influence her/him, or could reasonably be expected to influence her/him, in the performance of her/his official duties or was intended as a reward for any official action on her/his part.

a)Confidential Information. She/he shall not disclose confidential information acquired by her/him in the course of her/his official duties or use such information to further her/his personal interests.

In addition, he/she shall not disclose information regarding any matters discussed in an executive session of the Board of Education whether such information is considered “confidential” or not.

b)Compensation for Services Rendered

1.He/she shall not receive, or enter into any agreement expressed or implied, for compensation for any services other than those services for which he/she is employed as an employee of the School District, to be rendered in relation to any matter before the School District.

2.He/she shall not receive, or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before the School District, whereby his/her compensation is to be dependent or contingent upon any action by the School Board with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

c)Disclosure of interest in matters or resolutions before the Board of Education. Any district officer or employee, as well as his/her spouse, whether paid or unpaid, who participates in the discussion or gives official opinion to the School District on any matter or resolution before the School District shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he/she has in such matter or resolution.

d)Investments in conflict with official duties. He/she shall not invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction, that creates a conflict with his/her official duties.

e)Private employment. He/she shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his/her official duties.

a)Future employment. He/she shall not, after the termination of service or employment with the School District, appear before any board or agency of the School District in relation to any case, proceeding, agreement or application in which he/she personally participated during the period of his/her service or employment or which was under his/her active consideration.

Section 4

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the School District arising out of any personal injury or property damage or for any lawful benefit authorized or permitted under the laws of the State of New York.

Section 5 – Distribution of Code of Ethics

The Superintendent shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the School District within ten (10) days after the effective date of this resolution. Each officer and employee elected, appointed or employed thereafter shall be furnished a copy before entering upon the duties of his/her office or employment.

The Superintendent shall also cause a copy of Article 18 of the General Municipal Law to be kept posted in each building in the District in a place conspicuous to its Board members and employees or on the District Website. Failure to distribute any such copy of this code of ethics or failure of any Board member or employee to receive any such copy of General Municipal Law Article 18 shall have no effect on the duty or compliance with such code or Article 18 nor with the enforcement of provisions thereof.

General Municipal Law, Section 806

6151 Protection of District Resources
Adoption Date: 4/28/2005

The School District is a public entity which utilizes public resources to provide for the education of its students. All members of the Board of Education and all employees are expected to act as good stewards of public resources. When any board member or employee becomes aware of wrongful conduct related to District money, resources and/or services, it is that person’s responsibility to disclose such conduct to an appropriate school official.

Wrongful Conduct

Wrongful conduct is defined in this policy to be:

  • Theft or unauthorized use of District money, property, resources, or authority, or fraud;
  • A serious violation of District Policy, Administrative Regulations, and/or procedure related to District resources;
  • A violation of applicable state and federal laws related to District resources.

Reporting

Wrongful conduct may be reported by any individual to the Superintendent of Schools or the President of the Board of Education, the District Internal Auditor or the School Attorney. Employees may report wrongful conduct to any of the above or their direct supervisor. Any individual receiving a report of wrongful conduct shall immediately forward such information to the Superintendent of Schools or, in the event the complaint involves the Superintendent of Schools, the President of the Board of Education or the External Auditor.

Investigation

The individual receiving the report of wrongful conduct is responsible for ensuring that an investigation occurs regarding any report of wrongful conduct. All efforts should be made to ensure the confidentiality of all concerned during the investigating process.

Complaints of Reprisal

An individual who has been subjected to an adverse employment action based on his or her prior disclosure of an alleged or actual wrongful conduct may contest the action by filing a written complaint of reprisal with the President of the Board of Education. Nothing in this policy or accompanying regulation is intended to interfere with legitimate employment decisions.

The Board of Education will approve regulations regarding this policy.

Education Law Section 3020a
Civil Service Law Section 75

6152 Medicaid Code of Ethics for All District Personnel
Adoption Date: 11/19/2009, Revised: 4/5/2010; Non-Substantive Revision 12/17/12

Section #1 Pursuant to the provision of Section 806 of the General Municipal Law, the Board of Education of the Canandaigua City School District recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained in our unit of local government. It is the purpose of this law to promulgate these rules of ethical conduct for the offices and employees of the District. These rules shall serve as a guide for official conduct of this local law as adopted, shall not conflict with, but shall be in addition to any prohibition of Article Eighteen of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.

Section #2 Definition: “Municipal Officer or Employee” means an officer or employee of the Canandaigua City School District, whether paid or unpaid, including members of any administrative board, commission, or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer. In the event of a breach of confidentiality that is required by law, proceedings may be commenced to discipline for such violation of the law.

Section #3 Standards of Conduct

Every officer or employee of the Canandaigua City School District shall be subject to and abide by the following standards of conduct:

1.Report to the compliance officer any suspected problems concerning Medicaid billings, payments, medical necessity of services, quality of services, governance, mandatory reporting, credentialing, and other risk areas identified.

2.Shall not participate in non-compliant behavior concerning Medicaid billings, payments, medical necessity of services, quality of services, governance, mandatory reporting, credentialing, and other risk areas identified.

3.Shall not encourage, direct, facilitate or punish, either actively or passively, non-compliant behavior concerning Medicaid billings, payments, medical necessity of services, quality of services, governance, mandatory reporting, credentialing, and other risk areas identified.

Section # 4 Distribution of Code of Ethics

The Superintendent of the Canandaigua City School District shall cause a copy of this code of ethics to be distributed to every officer, administrator, and affected employee within thirty (30) days after the effective date of this resolution. Each office and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his/her office or employment.

Section #5 Penalties

In addition to any penalty in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Section #6 Effective date: This resolution shall take effect immediately.

Part 521, Title 18 of Codes, Rules and Regulations of the State of New York

6155 Appropriate Staff-Student Relations
Adoption Date: 3/3/2005, Revised: 1/17/2013

The Board of Education requires that all School District employees maintain a professional and ethical relationship with District students that is conducive to an effective, safe learning environment; and that staff members act as role models for students at all times, whether on or off school property and both during and outside of school hours. Staff must establish appropriate personal boundaries with students and not engage in any behavior that could reasonably lead to even the appearance of impropriety.

Staff members are prohibited, under any circumstances, to date or engage in any improper fraternization or undue familiarity with students, regardless of the student's age and/or regardless of whether the student may have "consented" to such conduct. Further, employees shall not entertain students or socialize with students in such a manner as to create the perception that a dating relationship exists. Similarly, any action or comment by a staff member which invites romantic or sexual involvement with a student is considered highly unethical, in violation of District policy, and may result in the notification of law enforcement officials and the filing of criminal charges and/or disciplinary action by the District up to and including termination of employment.

Inappropriate employee behavior includes, but is not limited to, making suggestive comments; to, dating; requests for sexual activity; physical displays of affection; giving inappropriate personal gifts; frequent personal communication with a student (via phone, e-mail, text messages, social media, letters, notes, etc.) unrelated to course work or official school matters; providing alcohol or drugs to students; inappropriate touching; and engaging in sexual contact and/or sexual relations.

Even if the student participated "willingly" in the activity (regardless of the student's age), inappropriate fraternization of staff with students is against District policy and may be in violation of professional standards of conduct and New York State Law. However, inappropriate employee conduct does not need to rise to the level of criminal activity for such conduct to be in violation of District rules and subject to appropriate disciplinary sanctions.

Any student who believes that he/she has been subjected to inappropriate staff behavior as enumerated in this policy, as well as students, school employees or third parties who have knowledge of or witness any possible occurrence of inappropriate staff-student relations, shall report the incident to any staff member or either the employee's supervisor, the student's principal, or the District's designated complaint officer. In all events such reports shall be forwarded to the designated complaint officer for further investigation. Anonymous complaints of inappropriate fraternization of staff members with students shall also be investigated by the District. Investigations of allegations of inappropriate staff-student relations shall follow the procedures utilized for complaints of harassment within the School District. Allegations of inappropriate staff-student behavior shall be promptly investigated and will be treated as confidential and private to the extent possible within legal constraints.

Any employee having knowledge of or "reasonable suspicion" that another employee may have engaged in inappropriate conduct with a student that may constitute child abuse must also follow the District's reporting procedures for such allegations. Such information will be reported by the designated administrator as required by state law to law enforcement officials, the State Education Department and/or Child Protective Services as may be applicable.

If a student initiates inappropriate behavior toward a staff member, that employee shall document the incident and report it to his/her building principal or supervisor.

The District shall promptly investigate all complaints of inappropriate staff-student relations and take prompt corrective action.

Prohibition of Retaliation

The Board of Education prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of inappropriate staff-student relations. Follow-up inquiries and/or appropriate monitoring shall be made to ensure that the alleged conduct has not resumed and that all those involved in the investigation have not suffered retaliation. Any act of retaliation is subject to appropriate disciplinary action by the District.

District Responsibility/Training

The principal of each school and/or program supervisor shall be responsible for informing students, staff, and volunteers of the requirements of this policy, including the duty to report and the procedures established for investigation and resolution of complaints. Further, staff training shall be provided to facilitate staff identification of possible behavior that may constitute inappropriate staff-student relationships. Students shall be provided such training in an age appropriate manner.

The District's policy (or a summary thereof) shall be disseminated as appropriate to staff, students, and parents. Further, this topic shall be addressed in the District Code of Conduct.

Disciplinary Sanctions

Any staff member who engages in inappropriate conduct with a student, prohibited by the terms of this policy, shall be subject to appropriate disciplinary measures up to and including termination of employment in accordance with legal guidelines, District policy and regulation, and the applicable collective bargaining agreement. A violation of this policy may also subject the employee to criminal and/or civil sanctions as well as disciplinary action by the State Education Department.

Title IX of the Education Amendments of 1972,
20 United States Code (USC) Section 1681 et seq.
Education Law Article 23-B
Social Services Law Sections 411-428
8 New York Code of Rules and Regulations
(NYCRR) Part 83

6160 Equal Employment Opportunity
Adoption Date: 12/10/1998, Revised: 4/11/2013; Non-Substantive Revision 5/29/02

The Board of Education reaffirms its policy of equal employment opportunity for all qualified individuals without regard to race, color, religion, gender, age, national origin, disability, sexual orientation, marital status, physical appearance, veteran status, or any other characteristic protected by federal, state or local law. This policy reflects the Board’s commitment and concern for the well-being and dignity of all of the district’s employees and students, as well as its continued commitment to provide for a safe, productive and professional work and learning environment.

Sexual orientation is defined as heterosexuality, homosexuality, bisexuality, or asexuality, whether actual or perceived.

At no time will any candidate for employment, current employee or former employee suffer any adverse action, or be granted any benefit, for any reason other than personal merit or conduct, or in violation of any law or regulation. Anyone who believes that he or she has been subject to unequal treatment shall notify in writing either the Superintendent of Schools, Assistant Superintendent for Business and Support Services or a District Title IX officer. A determination will be made within thirty (30) days. Retaliation against anyone who has filed or is involved in a complaint is strictly prohibited.

Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.) Section 2000-e et seq.
Prohibits discrimination on the basis of race, color, religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.) Section 2000-d, et seq.
Prohibits discrimination on the basis of race, color or national origin.
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (U.S.C.) Section 794 et seq.
The Americans With Disabilities Act,
42 United States Code (U.S.C.) Section 12101 et seq.
Prohibits discrimination on the basis of disability.
Title IX of the Education Amendments of 1972,
20 United States Code (U.S.C.) Section 1681 et seq.
Prohibits discrimination on the basis of sex.
New York State Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, marital status or disability.
New York State Executive Law Section 290 et seq.
Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability or marital status.
Age Discrimination in Employment Act,
29 United States Code (U.S.C.) Section 621
Military Law Sections 242 and 243

6161 Sexual Harassment of District Personnel
Adoption Date: 6/24/1999, Non-Substantive Revision 10/04/04; Revised: 10/15/18

The Board of Education recognizes that harassment of students, employees (including all staff, applicants for employment, both paid and unpaid interns, exempt and non-exempt status, part-time, seasonal, and temporary workers, regardless of immigration status) and certain “non-employees” (which includes contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees) on the basis of sex, gender and/or sexual orientation is abusive and illegal behavior that harms targets and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying such harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees and “non-employees” can work productively.

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of actual or perceived or self-identified sex, sexual orientation, gender identity, gender expression, and transgender status. Sexual harassment of a student can deny or limit the student’s ability to participate in or to receive benefits, services, or opportunities from the school’s program.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual's sex, when:

  1. submission to that conduct is made either explicitly or implicitly a term or condition of an individual's employment or a student's education;
  2. submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment or a student's education; or
  3. the conduct has the purpose or effect of unreasonably interfering with an employee's or "non-employee’s" work or student's school performance or creating an intimidating, hostile or offensive work or educational environment, even if the complaining individual is not the intended target of the sexual harassment;

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, or verbal, nonverbal or physical aggression, intimidation or hostility that is based on actual or perceived gender and sexual stereotypes. Examples of sexual harassment can be found in the accompanying regulation (6161-R).

The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the Canandaigua City School District, or outside the school setting if the harassment impacts the individual’s education or employment in a way that violates their legal rights, including when employees and "non-employees" travel on district business, or

when harassment is done by electronic means (including on social media). For employees, sexual harassment is considered a form of employee misconduct. Sanctions will be enforced against all those who engage in sexual harassment, and against supervisory and managerial personnel who knowingly allow such behavior to continue or engage in retaliation.

Sexual harassment may subject the district to liability for harm done to targets. Harassers may also be individually subject to civil liability if sued in a court of law or criminal liability if prosecuted.

Under various state and federal laws, students, employees and “non-employees” have legal protections against sexual harassment in the school environment as described above. Those laws are listed in the references section. Additionally, local laws (e.g., county, city, town, village) may apply to the district. The Canandaigua City School District’s Code of Conduct also addresses appropriate behavior in the school environment. Sexual harassment can occur between persons of all ages and genders.

In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The district will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If the complainant reports that they feel unsafe at school due to the nature of the complaint, the district will determine if accommodations need to be made until the issue is resolved.

If, after appropriate investigation, the district finds that a student, an employee, “non-employee” or a third party has violated this policy, prompt corrective action will be taken in accordance with the applicable collective bargaining agreement, contract, district policy and state law. Individual nondisclosure agreements may only be used as permitted by law, described in the accompanying regulation. Mandatory arbitration clauses are prohibited in all district contracts and agreements.

All complainants and those who participate in sexual harassment complaints or the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind, when they do so with a good faith belief that sexual harassment has occurred. Such prohibited retaliation can include, but is not limited to, discipline, discrimination, demotion, denial of privileges, or any action that would keep a person from coming forward to make or support a sexual harassment claim. Such actions need not be job- or education-related, or occur in the workplace or educational environment, to constitute unlawful retaliation.

The Superintendent of Schools is directed to develop and implement regulations for reporting, investigating and remedying allegations of sexual harassment. These regulations are to be attached to this policy. In addition, training programs shall be established for students, and annually for employees, to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can recognize and reduce the incidence of sexual harassment.

This policy shall be posted in a prominent place in each district facility, on the district’s website, and shall also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.

There will be periodic review of the sexual harassment policy and procedures.

Ref:

Education Amendments of 1972, Title IX, 20 U.S.C.§1681 et seq.
Title VII of Civil Rights Act (1964), 42 U.S.C. §2000-e; 34 CFR §100 et seq.
Executive Law §296-d (prohibition of sexual harassment of non-employees)
Labor Law §201-g (required sexual harassment policy and training)
Civil Practice Law and Rules §§5003-b (nondisclosure agreements optional); 7515 (mandatory arbitration prohibited)
General Obligations Law §5-336 (nondisclosure agreements optional)
Davis v. Monroe County Board of Education, 526 U.S. 629, 652 (1999)
Gebser v. Lago Vista Independent School District, 524 U.S, 274 (1998)
Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
Burlington Industries v. Ellerth, 524 U.S. 742 (1998)
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)
Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Office for Civil Rights Revised Sexual Harassment Guidance (January 19, 2001)
Office for Civil Rights, Dear Colleague Letter: Sexual Harassment Issues (2006)
Office for Civil Rights, Dear Colleague Letter: Bullying (October 26, 2010)


SEXUAL HARASSMENT REGULATION

This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment on the basis of sex, gender, and/or sexual orientation in furtherance of the Canandaigua City School District’s commitment to provide a healthy and productive environment for all students, employees (including all staff, applicants for employment, both paid and unpaid interns. exempt and non-exempt status, part-time, seasonal, and temporary workers, regardless of immigration status) and “non-employees” (i.e., contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees) that promotes respect, dignity and equality.

Sexual Harassment Defined

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of actual or perceived or self-identified sex, sexual orientation, gender identity, gender expression, and transgender status.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual's sex, gender, or sexual orientation, when:

  1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an employee's or "non-employee's" employment or a student's education (including any aspect of the student's participation in school-sponsored activities, or any other aspect of the student's education); or
  2. submission to or rejection of that conduct or communication by an individual is used as the basis for decisions affecting an employee's or "non-employee's" employment or a student's education; or
  3. the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee's or "non-employee's" work performance or a student's academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive working or educational environment, even if the complaining individual is not the intended target of the sexual harassment.

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, or verbal, nonverbal or physical aggression, intimidation or hostility that is based on actual or perceived gender and sexual stereotypes.

Unacceptable Conduct

School-related conduct that the district considers unacceptable and which may constitute sexual harassment includes, but is not limited to, the following:

  1. rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law;
  2. unwelcome sexual advances or invitations or requests for sexual activity, including but not limited to those in exchange for grades, promotions, preferences, favors, selection for extracurricular activities or job assignments, homework, etc., or when accompanied by implied or overt threats concerning the target's work or school evaluations, other benefits or detriments;
  1. unwelcome or offensive public sexual display of affection, including kissing, hugging, making out, groping, fondling, petting, inappropriate touching of one's self or others (e.g., pinching, patting, grabbing, poking), sexually suggestive dancing, and massages;
  2. any unwelcome communication that is sexually suggestive, sexually degrading or derogatory or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual's clothing, appearance or activities; sexual jokes; sexual gestures; public conversations about sexual activities or exploits; sexual rumors and "ratings lists;" howling, catcalls, and whistles; sexually graphic computer files, messages or games, etc;
  3. unwelcome and offensive name calling or profanity that is sexually suggestive or explicit, sexually degrading or derogatory, implies sexual intentions, or that is based on sexual stereotypes or sexual orientation, gender identity or expression;
  4. unwelcome physical contact or closeness that is sexually suggestive, sexually degrading or derogatory, or sexually intimidating such as the unwelcome touching of another's body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, frontal body hugs, etc.;
  5. unwelcome and sexually offensive physical pranks or touching of an individual's clothing, such as hazing and initiation, "streaking," "mooning," "snuggies" or "wedgies" (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt "flip-ups," "spiking" (pulling down someone's pants or swimming suit); pinching; placing hands inside an individual's pants, shirt, blouse, or dress, etc.;
  6. unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or derogatory or imply sexual motives or intentions;
  7. clothing with sexually obscene or sexually explicit slogans or messages;
  8. unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading or derogatory, or that imply sexual motives or intentions, or that are based on sexual stereotypes;
  9. unwelcome written or pictorial display or distribution (including via electronic devices) of pornographic or other sexually explicit materials such as signs, graffiti, calendars, objects, magazines, videos, films, Internet material, etc.;
  10. other hostile actions taken against an individual because of that person's sex, sexual orientation, gender identity or transgender status, such as interfering with, destroying or damaging a person's work or school area or equipment; sabotaging that person's work or school activities; bullying, yelling, or name calling; or otherwise interfering with that person's ability to work or participate in school functions and activities; and
  11. any unwelcome behavior based on sexual stereotypes and attitudes that is offensive, degrading, derogatory intimidating, or demeaning, including, but not limited to:
    1. disparaging remarks, slurs, jokes about or aggression toward an individual because the person displays mannerisms or a style of dress inconsistent with stereotypical characteristics of the person’s sex;
    2. ostracizing or refusing to participate in group activities with an individual during class projects, physical education classes or field trips because of the individual’s sex, gender expression or gender identity;
    3. taunting or teasing an individual because they are participating in an activity not typically associated with the individual’s sex or gender.

For purposes of this regulation, action or conduct shall be considered "unwelcome" if the student, employee or non-employee did not request or invite it and regarded the conduct as undesirable or offensive.

Sexual harassment may occur on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the district, or outside the school setting if the harassment impacts the individual’s education or employment in a way that violates their legal rights, including when employees or "non-employees" travel on district business, or when the harassment is done by electronic means (including on social media).

Determining if Prohibited Conduct is Sexual Harassment

Complaints of sexual harassment will be thoroughly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the above definition of sexual harassment and should therefore be treated as sexual harassment. Not all unacceptable conduct with sexual connotations may constitute sexual harassment. In many cases (other than quid pro quo situations where the alleged harasser offers academic or employment rewards or threatens punishment as an inducement for sexual favors), unacceptable behavior must be sufficiently severe, pervasive and objectively offensive to be considered sexual harassment. If the behavior doesn't rise to the level of sexual harassment, but is found to be objectionable behavior, the individual will be educated and counseled in order to prevent the behavior from continuing.

In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider:

  1. the degree to which the conduct affected the ability of the student to participate in or benefit from his or her education or altered the conditions of the student's learning environment or altered the conditions of the employee's or “non-employee’s” working environment;
  2. the type, frequency and duration of the conduct;
  3. the identity of and relationship between the alleged harasser and the subject of the harassment (e.g., sexually based conduct by an authority figure is more likely to create a hostile environment than similar conduct by another student or a co-worker);
  4. the number of individuals involved;
  5. the age and sex of the alleged harasser and the subject of the harassment;
  6. the location of the incidents and context in which they occurred;
  7. other incidents at the school; and
  8. incidents of gender-based, but non-sexual harassment.

Reporting Complaints

Any person who believes he or she has been the target of sexual harassment by a student, district employee or “non-employee” or third party related to the school is encouraged to report complaints as soon as possible after the incident in order to enable the district to promptly and effectively investigate and resolve the complaint. Any person who witnesses or is aware of sexual harassment of a student, employee, or "non-employee" is also encouraged to report the incident or behavior to the district. Targets are encouraged to submit the complaint in writing; however, complaints may be filed verbally.

Complaints should be filed with the Principal or the Title IX coordinator.

Any school employee who receives a complaint of sexual harassment from a student shall inform the student of the employee's obligation to report the complaint to the school administration, and then shall immediately notify the Principal and/or the Title IX coordinator. School employees receiving complaints of sexual harassment from employees and “non-employees” shall either direct the complainant to the Building Principal, or may report the incident themselves. Supervisory and managerial personnel are required to report complaints of sexual harassment received by staff, and will be subject to discipline for failing to report suspected or reported sexual harassment, knowingly allowing sexual harassment to continue, or engaging in any retaliation.

In order to assist investigators, targets should document the harassment as soon as it occurs and with as much detail as possible including: the nature of the harassment; dates, times, places it has occurred; name of harasser(s); witnesses to the harassment; and the target's response to the harassment.


Confidentiality

It is district policy to respect the privacy of all parties and witnesses to complaints of sexual harassment. To the extent possible, the district will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual's need for confidentiality must be balanced with the district's legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the district retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.

If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that:

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

If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the district from responding effectively to the harassment and preventing the harassment of other students or employees.

Investigation and Resolution Procedure

A.Initial (Building-level) Procedure

The Principal or the Title IX coordinator shall conduct a preliminary review when they receive a verbal or written complaint of sexual harassment, or if they observe sexual harassment. Except in the case of severe or criminal conduct, the Principal or the Title IX coordinator should make all reasonable efforts to resolve complaints informally at the school level. The goal of informal investigation and resolution procedures is to end the harassment

and obtain a prompt and equitable resolution to a complaint. All persons involved in an investigation (complainants, witnesses and alleged harassers) will be accorded due process to protect their rights to a fair and impartial investigation. This investigation shall be prompt and thorough, and shall be completed as soon as possible.

Immediately, but no later than two working days following receipt of a complaint, the Principal or Title IX coordinator shall begin an investigation of the complaint according to the following steps:

  1. Interview the target and document the conversation. Instruct the target to have no contact or communication regarding the complaint with the alleged harasser. Ask the target specifically what action he/she wants taken in order to resolve the complaint. Refer the target, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.
  2. Review any written documentation of the harassment prepared by the target. If the target has not prepared written documentation, ask the target to do so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation. If the complainant refuses to complete a complaint form or written documentation, the Principal or Title IX coordinator shall complete a complaint form (see exhibit 0110-E) based on the verbal report.
  3. Request, review, obtain and preserve relevant evidence of harassment (e.g., documents, emails, phone records, etc.), if any exist.
  4. Interview the alleged harasser regarding the complaint and inform the alleged harasser that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the alleged harasser an opportunity to respond to the charges in writing.
  5. Instruct the alleged harasser to have no contact or communication regarding the complaint with the target and to not retaliate against the target. Warn the alleged harasser that if he/she makes contact with or retaliates against the target, he/she will be subject to immediate disciplinary action.
  6. Interview any witnesses to the complaint. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and his/her statement confidential. Employees may be required to cooperate as needed in investigations of suspected sexual harassment.
  7. Review all documentation and information relevant to the complaint.
  8. Where appropriate, suggest mediation as a potential means of resolving the complaint. In addition to mediation, use appropriate informal methods to resolve the complaint, including but not limited to:
    1. discussion with the accused, informing him or her of the district's policies and indicating that the behavior must stop;
    2. suggesting counseling and/or sensitivity training;
    3. conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
    4. requesting a letter of apology to the complainant;
    5. writing letters of caution or reprimand; and/or
    6. separating the parties.
  9. Parent/Student/Employee/“Non-Employee” Involvement and Notification
    1. Parents of student targets and accused students shall be notified within one school day of allegations that are serious or involve repeated conduct.
    1. The parents of students who file complaints are welcome to participate at each stage of both informal and formal investigation and resolution procedures.
    2. If either the target or the accused is a disabled student receiving special education services under an IEP or section 504/Americans with Disabilities Act accommodations, the committee on special education will be consulted to determine the degree to which the student's disability either caused or is affected by the discrimination or policy violation. In addition, due process procedures required for persons with disabilities under state and federal law shall be followed.
    3. The Principal or Title IX Coordinator (i.e., the investigator) shall submit a copy of all investigation and interview documentation to the Superintendent.
    4. The investigator shall report back to both the target and the accused, notifying them in writing, and also in person as appropriate regarding the outcome of the investigation and the action taken to resolve the complaint. The investigator shall instruct the target to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.
    5. The investigator shall notify the target that if he/she desires further investigation and action, he/she may request a district level investigation by contacting the Superintendent of Schools. The investigator shall also notify the target of his/her right to contact the U.S. Department of Education's Office for Civil Rights and/or a private attorney. Employees may also contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.
  1. Create a written documentation of the investigation, kept in a secure and confidential location, containing:
    1. A list of all documentation and other evidence reviewed, along with a detailed summary;
    2. A list of names of those interviewed along with a detailed summary of their statements;
    3. A timeline of events;
    4. A summary of prior relevant incidents, reported or unreported; and
    5. The final resolution of the complaint, together with any corrective action(s).

If the initial investigation results in a determination that sexual harassment did occur, the investigator will promptly notify the Superintendent, who shall then take prompt disciplinary action in accordance with district policy, the applicable collective bargaining agreement or state law.

If a complaint received by the Principal or the Title IX Coordinator contains evidence or allegations of serious or extreme harassment, such as employee to student harassment, criminal touching, quid pro quo (e.g., offering an academic or employment reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint shall be referred promptly to the Superintendent. In addition, where the Principal or the Title IX coordinator has a reasonable suspicion that the alleged harassment involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact appropriate child protection and law enforcement authorities. Where criminal activity is alleged or suspected by a district employee, the accused employee shall be suspended pending the outcome of the investigation, consistent with all contractual or statutory requirements.

Any party who is not satisfied with the outcome of the initial investigation by the Principal or the Title IX coordinator may request a district-level investigation by submitting a written complaint to the Superintendent within 30 days.

B.District-level Procedure

The Superintendent shall promptly investigate and resolve all sexual harassment complaints that are referred to him/her by a Principal or Title IX coordinator, as well as those appealed to the Superintendent following an initial investigation by a Principal or Title IX coordinator. In the event the complaint of sexual harassment involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to a trained investigator not employed by the district for investigation.

The district level investigation should begin as soon as possible but not later than three working days following receipt of the complaint by the Superintendent or Board President.

In conducting the formal district level investigation, the district will use investigators who have received formal training in sexual harassment investigation or that have previous experience investigating sexual harassment complaints.

If a district investigation results in a determination that sexual harassment did occur, prompt corrective action will be taken to end the harassment. Where appropriate, district investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint.

No later than 30 days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the target and alleged harasser, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 days following receipt of the complaint.

The target and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings.

External Remedies

In addition, targets have the right to register sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights (OCR). The OCR can be contacted at (800) 421-3481, 400 Maryland Avenue SW, Washington, DC 20202-1100, or at https://www2.ed.gov/about/offices/list/ocr./docs/howto.html.

Employee targets also have the right to register complaints with the federal Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights (DHR). The EEOC can be contacted at (800) 669-4000, https://www.eeoc.gov/employees/howtofile.cfm, info@eeoc.gov, or at 33 Whitehall Street, 5th Floor, New York, NY 10004 or 300 Pearl Street, Suite 450, Buffalo, NY 14202. The DHR can be contacted at (888) 392-3644, www.dhr.ny.gov/complaint, or at 1 Fordham Plaza, Fourth Floor, Bronx, NY 10458.

Nothing in these regulations shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court, or to contact law enforcement officials if the sexual harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, which may constitute a crime. No district contract or collective bargaining agreement entered into after July 11, 2018 may include a binding arbitration clause for sexual harassment requiring arbitration before bringing the matter to a court.

Nondisclosure agreements

The district may include nondisclosure agreements (to not disclose the underlying facts and circumstances of a sexual harassment complaint) in any sexual harassment settlement agreement or resolution only if it is the complainant’s preference. Any such nondisclosure agreement shall be provided to all parties. Complainants shall have twenty-one days to consider any such nondisclosure provision before it is signed by all parties, and shall have seven days to revoke the agreement after signing. Nondisclosure agreements shall only become effective after this seven-day period has passed.

Retaliation Prohibited

Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint in good faith, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has, in good faith, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, discipline, discrimination, demotion, denial of privileges, any action that would keep a person from coming forward to make or support a sexual harassment claim, and any other form of harassment. Such actions need not be job- or education-related, or occur in the workplace or educational environment, to constitute unlawful retaliation. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.

Discipline/Penalties

Any individual who violates the sexual harassment policy by engaging in prohibited sexual harassment will be subject to appropriate disciplinary action. Disciplinary measures available to school authorities include, but are not limited to the following:

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.

Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.

Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment.

“Non-employees” (i.e., contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees): Penalties may range from a warning up to and including loss of district business.

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

6161R

False Complaints

False or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant.

Training

All students and employees shall be informed of this policy in student and employee handbooks, on the district website and student registration materials. A poster summarizing the policy shall also be posted in a prominent location at each school. All secondary school student body officers shall receive district training about the policy at the beginning of each school year. The district shall provide all existing employees with either a paper or electronic copy of the district's sexual harassment policy and regulation, and shall provide the same to new employees before the employee starts his/her job.

In addition, age-appropriate curricular materials will be made available so that it can be incorporated in instruction K-12 to ensure that all students are educated to recognize and report sexual harassment.

All new employees shall receive training on this policy and regulation at new employee orientation or as soon as possible after starting their job, unless he/she can demonstrate that they have received equivalent training within the past year from a previous employer. All other employees shall be provided training at least once a year regarding this policy and the district's commitment to a harassment-free learning and working environment. Principals, Title IX coordinators, and other administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive yearly training on this policy, regulation and related legal developments.

Annual employee training programs shall be interactive and include: (i) an explanation of sexual harassment consistent with guidance issued by the NYS Department of Labor and the NYS Division of Human Rights; (ii) examples of conduct that is unlawful sexual harassment; (iii) information on federal and state laws about sexual harassment and remedies available to victims of sexual harassment; (iv) information concerning employees' right to make complaints and all available forums for investigating complaints; and (v) address the conduct and responsibilities of supervisors.

Principals in each school and program directors shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the target.

Adoption date: October 15, 2018


6161 SEXUAL HARASSMENT EXHIBIT-0110-E(002)- Form


6162 Racial Harassment (Employees)
Adoption Date: 12/10/1998

The Board of Education affirms its commitment to nondiscrimination and recognizes its responsibility to provide for all District employees an environment that is free of racial harassment and intimidation. Racial harassment is a violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits any type of racial harassment by employees, students, visitors, guests or others.

Racial harassment of employees occurs when:

a)An agent or employee of the District, acting within the scope of his or her official duties, has treated an employee differently on the basis of race, color, or national origin in the context of an educational program or activity of their employment without a legitimate, nondiscriminatory reason so as to interfere with or limit the ability of the employee to participate in or benefit from their employment the services, activities or privileges provided by the School District. This is referred to as “different treatment” racial harassment.

b)The District creates, permits or is responsible for a racially hostile environment – i.e., harassing conduct (e.g., physical, verbal, graphic or written) that is sufficiently severe, pervasive or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities or privileges provided by the District. The District has subjected an individual to different treatment on the basis of race if it has effectively caused, encouraged, accepted, tolerated or failed to correct a racially hostile environment of which it has actual or constructive notice. This is referred to as “hostile environment” racial harassment.

The Board acknowledges that in determining whether racial harassment has occurred, the relevant particularized characteristics and circumstances of the victim will be taken into account when evaluating the severity of racial incidents in the School District. If it is determined that the harassment was sufficiently severe so that it has adversely affected the participation and benefit of some aspect of the complainant’s employment of the District’s educational program by a reasonable person, of the same age and race as the victim, under similar circumstances, the existence of a hostile environment will be found.

Any employee who believes that he/she has been subjected a racial harassment shall report all incidents of such conduct to the District’s designated complaint officer through informal and/or formal complaint procedures developed by the District. In the event that the complaint officer is the offender, the complainant shall report his/her complaint to the next level of supervisory authority. All such reports will be kept as confidential as possible.

Upon receipt of an informal/formal complaint, the District will conduct a thorough investigation of the charges. However, if a District has knowledge of or has reason to know of any alleged racial harassment, the District is obligated, even in absence of a complaint, to investigate such conduct promptly and thoroughly.

Based upon the result of the District’s investigation, immediate corrective action will be taken. 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 contractual and legal guidelines. Should the offending individual be a student, appropriate disciplinary measures will be applied up to and including suspension/expulsion.

The Board prohibits any retaliatory behavior directed against complainants and/or witnesses. Follow-up inquiries shall be made to ensure that harassment has not resumed and that the victims and/or witnesses have not suffered retaliation.

The District shall take all appropriate measures to prevent the occurrence or continuation of any type of racial harassment and shall implement remedial or corrective action where necessary.

The Board directs the Superintendent to develop regulations for resolving racial harassment complaints by employees. The Superintendent/designee(s) shall affirmatively discuss the topic of racial harassment with all employees and students, express the District’s condemnation of such conduct and explain the sanctions for racial harassment. A copy of this policy and its accompanying regulation shall be posted in appropriate places and available upon request to all employees and students.

Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-d et seq. – Prohibits discrimination on the
Basis of race, color, or national origin
34 Code of Federal Regulations (CR) Part 100

6170 Evaluation of Personnel: Purposes
Adoption Date: 12/10/1998, Revised: ; 3/14/2013

The administration shall undertake a continuous program of supervision and evaluation of all personnel in the School System in order to promote improved performance and to make decisions about the occupancy of positions. The primary purposes of this evaluation are:

a)To encourage and promote self-evaluation by personnel;

b)To provide a basis for evaluative judgments by school administrators.

Every employee will receive a formal written evaluation at least once annually.

8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(o)

6200 Certificated Personnel

6210 Certificated Personnel
Adoption Date: 12/10/1998

The Board of Education shall, upon the recommendation of the Superintendent, create, abolish, maintain and/or consolidate positions involving certificated persons as necessary for the proper and efficient achievement of its goals.

All assignments and transfers shall be made in accordance with the provisions of law, Board of Education policies, and the employee’s negotiated agreements.

Education Law Section 2510
Regents Rules Part 30

6211 Recruitment and Selection of Instructional Staff
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 12/07/01

The Board of Education has the legal responsibility of approving the employment of all employees. While this responsibility cannot be waived, the Board assigns to the Superintendent the process of recruiting staff members. In carrying out this responsibility, the Superintendent will involve various administrative and teaching staff members as needed. All personnel selected for employment must be recommended by the Superintendent and approved by the Board. To aid in obtaining the best available staff members for our schools, the Board adopts the following general criteria which shall be utilized in the selection process for initial employment:

a)There will be no discrimination in the hiring process in conformance with District Policy 3030 - Equal Opportunity. The District shall provide equal opportunity in employment for all qualified persons in accordance with Title IX of the Educational Amendments of 1972 and the Civil Rights Act of 1964.

b)The highest quality of instruction is enhanced by a staff with a broad educational preparation, background, and previous experience. Concerted efforts will be exerted to maintain this variation in the staff.

c)Candidates for all instructional positions should meet appropriate academic standards for the position to be filled and have satisfactory letters of reference filed with the Superintendent.

d)Candidates for instructional positions should provide evidence of meeting the state requirements for regular certification status.

In recruiting instructional staff, the Superintendent of Schools will have the authority to negotiate salary and fringe benefits with the candidates in the light of the economic climate at the time and needs of the District.

The employment of any staff member is not official until an agreement is approved by the Board and signed by the candidate.

6212 Certification
Adoption Date: 12/10/1998, Revised: 9/18/2014

a)In accordance with applicable statutes, Rules of the Board of Regents, and Regulations of the Commissioner of Education, each employee whose employment requires certification or other licensure shall inform the Superintendent of School immediately of any change in the status of his/her certification or licensure. The changes shall include, but not be limited to, the granting, revocation, upgrading, expiration, conversion and/or extension of these documents as to their period of validity or their titles.

b)The original certificates and/or licenses must be presented to the administration for examination and copying as soon as they are available to the employee. The copies will be maintained in the files in support of the legitimate employment of each affected employee. The failure of any such employee to possess the required certification or other licensure may result in the discharge of that employee.

c)It is the sole responsibility of the employee to maintain certification requirements.

6213 Professional Staff: Separation
Adoption Date: 12/10/1998, Revised: 1/27/2005

In the event the Superintendent will be submitting to the Board a negative recommendation for tenure or a recommendation to discontinue the services of a probationary professional staff member, the Superintendent must give the probationary employee thirty (30) days notice prior to the Board meeting at which such recommendation will be considered. If a majority of the Board accepts the recommendation and votes to dismiss, the professional staff member must then be given a written notice at least thirty (30) days prior to the effective date of termination of services. The District will adhere to all other statutory timeframes.

The Board shall expect any professional staff member desiring to terminate his/her services to provide the Board with a minimum of thirty (30) days notice before the effective termination date.

When possible, a professional staff member shall make every effort to terminate employment at the end of the school year. Resignations must be in writing and include the effective date.

Education Law Section 2509, 3012, 3019a, and 3031

6214 Employment of Relatives of Board of Education Members
Adoption Date: 12/10/1998

The appointment of a person who is related by bloodline or legal process (including marriage) to any member of the Board of Education shall be subject to the consent of two-thirds of the members of the Board of Education to be determined at a Board meeting and to be entered upon the proceedings of the Board.

Education Law Section 3016
General Municipal Law Sections 800-809

6215 Building Assignments of Spouses and Blood Relations
Adoption Date: 12/10/1998

Subject to applicable federal and state laws, Board of Education policies, and any pertinent collective bargaining agreements, the Board of Education has the authority, on recommendation of the Superintendent, to make intraschool assignments and transfers.

The Board will discourage and avoid, if possible, the assignment of spouses (husbands and wives) or blood relations (father/daughter, brother/sister, etc.) of both professional and nonprofessional staff members to the same building. Also, spouses/blood relations of administrative and supervisory staff will generally not be assigned to that portion of the staff where the spouse/blood relation would exercise direct supervision over the other spouse/blood relations.

Prior to adoption of this policy, if any such assignment should exist in the placement of spouses or blood relations, performance evaluations shall not be done by the spouse or relative of the employee being evaluated.

The Board of Education reserves the right to make exceptions to these guidelines, upon recommendation of the Superintendent of Schools, whenever unusual circumstances present themselves or the application of such guidelines would result in the violation of applicable laws, or policies, or applicable collective bargaining agreements. The Board of Education will attempt to deal with exceptions in the fairest and the most rational way possible, while complying with all legal mandates. In the case of an exception, performance evaluations shall not be done by the spouse or relative of the employee being evaluated.

Education Law Sections 1709 (33),
1711(5)(e), 2508(5), 2509(5), and 2566(6)
Civil Service Law Section 70
General Municipal Law Article 18

6216 Incidental Teaching
Adoption Date: 12/10/1998, Revised: 11/6/2003

The Superintendent may assign a teacher to teach a subject not covered by such teacher’s certificate or license for a period not to exceed five (5) classroom hours a week, when no certified or qualified teacher is available after extensive and documented recruitment efforts, and provided that approval of the Commissioner of Education is obtained in accordance with the requirements as enumerated in Commissioner’s Regulations.

Not later than twenty (20) business days after such an assignment, the Superintendent shall submit for approval an application, in a form satisfactory to the Commissioner, containing the following information:

a) Evidence of extensive recruitment of a teacher certified in the appropriate area;

b) The name and certification status of the teacher given such assignment;

c) The subject which the teacher is being assigned to teach on an incidental basis and the total number of classes in the subject being taught on an incidental basis;

d) The qualifications of the teacher to teach such subject on an incidental basis;

e) The specific reasons why an incidental assignment is necessary;

f) The anticipated duration of the incidental teaching assignment; and

g) The number of applications, approved or pending, for authorization to make incidental teaching assignments in the same certification area for which the current authorization is being sought.

To be approved, the application shall demonstrate to the satisfaction of the Commissioner that an incidental teaching assignment is necessary, that the teacher assigned is the best qualified to teach the subject on an incidental basis, and that the requirements of Commissioner’s Regulations have been met.

The Commissioner will issue a determination within twenty (20) business days of receipt of the District’s application.

In the event that the application is disapproved, the Superintendent, within seven (7) business days of receipt of the notice of disapproval, shall terminate the incidental assignment. In the event that the application is approved, such approval shall be deemed to have commenced on the date of the incidental teaching assignment and shall terminate on the last day of the school year for which it is granted.

The Superintendent may renew an incidental teaching assignment, in accordance with the requirements of Commissioner’s Regulations, for any subsequent school year. In addition to submitting to the Commissioner the information noted above for initial approval of an incidental teaching assignment, a renewal application must provide a number of assurances, including that the teacher assigned a course on an incidental basis has complete, or has agreed to complete, within the prescribed time period, at least three (3) semester hours of credit or the equivalent leading to certification in the subject area of the incidental assignment.

8 New York Code of Rules and Regulations
(NYCRR) Section 80-5.3

6220 Substitute Teachers
Adoption Date: 3/8/2007, Revised: 3/14/2013

All substitute teachers used on a regular basis shall be approved by the Board of Education upon the recommendation of the Administration. The Board of Education shall employ the most highly qualified substitute teachers available. It is recognized that full certificated persons will not always be available for employment as substitute teachers. Absent an emergency situation, however, a substitute shall have a bachelors degree, shall have been interviewed by a building principal or designee and shall provide references regarding his/her character and suitability for employment as a substitute teacher.

The manner in which substitute teachers shall be employed depends on the District’s need and the teacher’s certification status.

Substitute teachers with valid teaching certificates or initial certification may be employed in any capacity, for any number of days. If employed for more than 40 days such persons will be employed in an area for which they are certified or are seeking certification.

Each building will be allowed to employ up to four (certified) contract substitute teachers who will be regarded in a preferential manner. Each contract substitute teacher will be guaranteed 135 days of substitute teaching work.

The Board of Education shall establish annually the ordinary rate for per diem substitute teachers. A substitute teacher who serves for one full semester or more will be placed on an appropriate step on the salary schedule. The Superintendent has authority to authorize payment beyond Board approved limits in special situations.

8 NYCRR Section 80-5.4

6230 Instructional Staff Development Program
Adoption Date: 12/10/1998, Revised: 11/18/2004; Non-Substantive Revision 04/05/06; Revised: 3/14/13

It is the policy of the District to have an ongoing focus on professional growth. The professional growth of instructional personnel enhances student learning and achievement. To that end, the Superintendent/designee is directed to develop and provide District instructional staff a program of staff development. Funding for this program will be part of the annual District budget.

It is recommended that the program include:

  • a demonstrated alignment to District commencement outcomes, the New York State Learning Standards, the Common Core, the NYSED Professional Development Plan guidelines, the District Annual Professional Performance Review Plan, and the District Plan for Excellence;
  • a diagnostic/prescriptive methodology;
  • outcomes that focus on increased student achievement; and
  • an opportunity for all instructional staff to participate.

Delivery of instructional staff development will include:

  • embedded staff development;
  • planned in-service programs, courses, seminars, and workshops offered both within the District and through other agencies;
  • classroom visitation days, attendance at professional conferences and meetings;
  • new teacher training program;
  • Districtwide professional days; and
  • books and study guides which may become permanently assigned to staff.

Staff participation in professional growth activities must be directly linked to instructional duties and responsibilities and to specific, identified needs. Staff members will participate in planning District activities.

Reimbursement for expenses will be authorized by the Superintendent/designee according to established District procedures.

Mentoring Programs for First Year Teachers

All first-year teachers must participate in a mentoring program as a component of the School District’s Professional Development Plan. The purpose of the mentoring program is to increase the retention of new teachers and improve their ability to assist students to achieve consistent with the State learning standards, the Common Core, and the District’s commencement outcomes. The mentor’s role is to provide guidance and support to a new teacher.

Education Law Section 1604(27)
General Municipal Law Sections 77-b and 77-c
8 New York Code of Rules and Regulations (NYCRR)
Part 102.2(dd)

6300 Support Staff

6310 Employment of Teacher Aides
Adoption Date: 12/10/1998

In accordance with Regulations of the Commissioner, the Board of Education may employ aides to assist in the daily operation of schools’ non-teaching duties.

The duties and responsibilities to be assumed by aides shall be outlined by the Superintendent of Schools/Designee.

Persons employed as aides shall be responsible to the building principal and/or his/her designated representatives.

8 New York Code of Rules and Regulations
(NYCRR) Section 149

6320 Qualifications of Bus Drivers
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 3/12/04

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

a)Is at least twenty-one (21) years of age;

b)Has been issued a currently valid driver's license or permit which is valid for the operation of a bus in New York State;

c)Has passed the annual bus driver physical examination administered pursuant to Regulations of the Commissioner of Education and the Commissioner of Motor Vehicles. In no case shall the interval between physical examinations exceed a thirteen (13)-month period;

d)Is not disqualified to drive a motor vehicle under Sections 509-c and 509-cc and any other provisions of Article 19-A of the Vehicle and Traffic Law;

e)Has on file at least three (3) statements from three (3) different persons who are not related to the driver/applicant pertaining to the moral character and to the reliability of such driver/applicant;

f)Has completed, or is scheduled to complete, State Education Department safety programs as required by law;

g)Is in compliance with federal law and regulations, as well as District policy and/or regulations, as it pertains to meeting the standards governing alcohol and controlled substance testing of bus drivers if and when applicable.

h)Has taken and passed a physical performance test at least once every two (2) years and/or following an absence from service of sixty (60) or more consecutive days from his/her scheduled work duties;

i)Is in compliance with all other laws and regulations for operating a school bus, including licensing and training requirements.

Special Requirements For New Bus Drivers

Before employing a new bus driver, the Superintendent or his/her designee shall:

a)Require such person to pass a physical examination within four (4) weeks prior to the beginning of service;

b)Obtain a driving record from the appropriate agency in every state in which the person resided, worked, and/or held a driver's license or learner's permit during the preceding three (3) years;

c)Investigate the person's employment record during the preceding three (3) years;

d)Require such person to submit to the mandated fingerprinting procedures;

e)Request the Department of Motor Vehicles to initiate a criminal history check;

f)Require that newly hired bus drivers take and pass the physical performance test, as mandated by Commissioner's Regulations, before they transport students.

Sections 509-c, 509-cc, and Article 19-A of the
Vehicle and Traffic Law
Education Law Section 3624
15 New York Code of Rules and Regulations
(NYCRR) Part 6
8 New York Code of Rules and Regulations
(NYCRR) Section 156.3
Omnibus Transportation Employee Testing Act of 1991
(Public Law 102-143)
49 United States Code (U.S.C.) Section 521(b)
49 Code of Federal Regulations (C.F.R.)
Parts 40, 382, 391, 392, and 395

6400 Activities

6410 Maintaining Discipline and Conduct
Adoption Date: 12/10/1998, Revised: ; Non-Substantive 2/4/13

In order to create and conduct a positive atmosphere for learning, all personnel employed by the District are responsible for maintaining student discipline and appropriate conduct during school hours or at extra-curricular events.

Cross Reference: Code of Conduct

6420 Diagnosis of Substance Abuse
Adoption Date: 12/10/1998, Revised: 7/9/2002; 3/14/2013

Alcohol use or inappropriate drug use which affects job performance or which occurs on school property or during work hours can be ground for disciplinary action up to and including termination. All staff members will inform a District administrator of any such activity.

In addition, the District will make a concerted effort to provide employees who demonstrate alcohol or drug abuse with appropriate professional assistance through the Employee Assistance Program.

6420.5 Alcohol, Drugs and Other Substances (Staff)
Adoption Date: 4/11/2002

The Board of Education recognizes that the misuse of drugs and/or alcohol is a serious problem with legal, physical, emotional and social implications for the entire community. Therefore, the consumption, sharing and/or selling, use and/or possession of alcoholic beverages, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited at any school-sponsored event or on school property at all times. The inappropriate use of prescription and over-the-counter drugs shall also be disallowed. Persons shall be banned from entering school grounds or school-sponsored events when exhibiting behavior or personal or physical characteristics indicative of having used or consumed alcohol or other substances.

Disciplinary Measures

Appropriate discipline measures for staff consuming, sharing and/or selling, using and/or possessing alcoholic beverages, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs shall be determined in accordance with law.

Employee Assistance Program

The district shall provide an Employee Assistance Program to support employees on a wide range of personal/employment issues, including substance abuse.

6421 Drug and Alcohol Testing for School Bus Drivers
Adoption Date: 12/10/1998

In accordance with federal regulations, employees in safety-sensitive positions including, school bus drivers who are required to have and use a commercial drivers license (CDL), are subject to random testing for alcohol, marijuana, cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP). The District shall provide for alcohol and drug testing of employees in safety-sensitive positions.

Federal regulations require that the District test school bus drivers for alcohol and drugs at the following times:

a)After an offer to hire, but before actually performing safety-sensitive functions for the first time. Such pre-employment testing will also be required when employees transfer to a safety-sensitive position.

b)On an unannounced basis just before, during or just after performance of safety-sensitive functions.

c)If a trained supervisor has a “reasonable suspicion” that an employee has engaged in prohibited use of drug and/or alcohol.

d)There will also be post-accident testing conducted after accidents on employees whose performance could have contributed to the accidents.

e)Return-to-duty and follow-up testing when an individual who has violated the prohibited alcohol and/or drug conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced and at least six (6) tests must be conducted in the first twelve (12) months after an employee returns to duty. Follow-up testing may be extended for up to sixty (60) months following return to duty.

All employee drug and alcohol testing will be kept confidential and shall only be revealed without the driver’s consent to the employer, a substance abuse professional (SAP), drug testing laboratory, medical review officer and any other individual designated by law.

The following alcohol and controlled substance-related activities are prohibited by the Federal Highway Administration’s drug use and alcohol misuse rules for drivers of commercial motor vehicles:

a)Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.

b)Being on duty or operating a commercial motor vehicle (CMV) while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.

c)Using alcohol while performing safety-sensitive functions.

d)Using alcohol four (4) hours or less before duty.

e)When required to take a post-accident alcohol test, using alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

f)Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion or follow-up testing requirements.

g)Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver uses any controlled substance. This prohibition does not apply when instructed by a physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate a CMV.

h)Reporting for duty, remaining on duty or performing a safety sensitive function, if the driver tests positive for controlled substances.

Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substances are subject to disciplinary action and penalties pursuant to District policy and collective bargaining agreements, as well as the sanctions provided for in federal law. Drivers who have engaged in such prohibited behavior shall not be allowed to perform safety-sensitive functions until they are:

a)Evaluated by a substance abuse professional (SAP).

b)Complete any requirements for rehabilitation as set by the District and the SAP.

c)Pass a return-to-duty test with the result below 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use.

d)The driver shall also be subject to unannounced follow-up alcohol and controlled substance testing. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least six (6) tests in the first twelve (12) months.

The Superintendent of Schools or designee shall ensure that each bus driver receives a copy of District policy, educational materials that explain the requirements of the alcohol and drug testing regulations, and any regulations and/or procedures developed by the District with respect to meeting those requirements. The Superintendent/designee shall ensure that a copy of these materials is distributed to each driver, who shall sign for receipt of all of the above documents, as well as other appropriate personnel, prior to the start of alcohol and controlled substance testing as well as at the beginning of each school year or at the time of hire for any safety-sensitive employees. Representatives of applicable collective bargaining units shall be notified of the availability of this information.

The Superintendent/designee shall arrange for training of all supervisors who may be utilized to determine whether “reasonable suspicion” exists to test a driver for prohibited conduct involving alcohol or controlled substance use/abuse.

Any violation of this policy, administration regulations and/or procedures, and applicable federal and state laws by a covered employee shall be grounds for disciplinary action including, but not limited to, suspension and/or discharge.

Omnibus Transportation Employee Testing Act
of 1998 (P.L. 102-143)
49 United States Code (USC) Section 521(b)
49 Code of Federal Regulations (CFR) Parts
40, 382, 391, 392 and 395

6422 School Bus Monitors and Attendants
Adoption Date: 11/6/2003, Revised: ; Non Substantive 2/4/13

School Bus Monitors and Attendants

In accordance with Education Law and Commissioner's Regulations, the employment of each school bus monitor and school bus attendant shall be approved by the Superintendent of Schools for each school bus operated within the School District. Approval for employment as a school bus monitor or attendant shall be in writing on a form prescribed by the Commissioner of Education.

As defined in Commissioner's Regulations:

a) A school bus monitor shall mean any person employed for the purpose of assisting children to safely embark and disembark from a school bus which is owned, leased or contracted for by a public school district or board of cooperative educational services, and for the purpose of assisting the school bus driver with maintaining proper student behavior on such bus.

b) A school bus attendant shall mean any person who is employed for the purpose of serving pupils with a disabling condition on a school bus which is owned, leased or contracted for by a public school district or board of cooperative educational services.

All school bus monitors and attendants shall be at least nineteen (19) years of age; and shall have the physical and mental ability to satisfactorily perform his/her duties.

On order of the Superintendent of Schools, each monitor or attendant may be examined by a duly licensed physician within two (2) weeks prior to the beginning of such monitor's or attendant's service in each school year. The written report of the physician shall be considered by the Superintendent in determining the fitness of the monitor or attendant to carry out his/her functions. The examining physician shall require the monitor or attendant to undergo any diagnostic tests that are necessary to determine the physical and mental ability of the monitor or attendant to perform his/her duties.

Each school bus monitor or attendant of a school bus owned, leased or contracted for by a school district or board of cooperative educational services shall pass a physical performance test approved by the Commissioner. Individuals hired as a monitor or attendant, must take and pass a physical performance test before they may assume their duties.

A school bus monitor or attendant who fails any portion of the physical performance test shall be deemed unqualified to perform the duties of that position. The monitor or attendant may request a re-examination. The cost of such re-examination shall be borne by the employer if the monitor/attendant passes the re-examination, or by the monitor/attendant if he or she fails the re-examination.

All school bus monitors and attendants shall meet the qualifications and/or certification requirements as enumerated in law and/or Commissioner's Regulations. Further, pursuant to Commissioner's Regulations, school bus monitors and attendants shall receive pre-service instruction, safety training, specialized training, and refresher training.

In addition to such instruction, any person employed on January 1, 2004 as a school bus monitor, or as a school bus attendant serving students with a disabling condition, shall, by July 1, 2004, receive instruction as prescribed by the Commissioner upon recommendation of the Commissioner's School Bus Driver Instructor Advisory Committee relating to special needs transportation, including, but not limited to, the proper techniques for assisting disabled students in entering and exiting the school bus. Any person hired after January 1, 2004 shall complete such special needs instruction prior to assuming their duties as a school bus monitor or as a school bus attendant.

School Bus Attendants - Special Requirements

Every school bus attendant serving students with a disabling condition shall receive school bus safety training and instruction relating to the special needs of such students. Such training shall include guidance on the proper techniques for assisting disabled students in entering and exiting the school bus, and shall include instruction in cardiopulmonary resuscitation (CPR) where such skills are required as part of the individualized education plan (IEP) prepared for the student. Such training and instruction shall also include any additional first aid or health emergency skills that the Commissioner of Education deems appropriate and necessary for school bus attendants to possess. In addition, school bus attendants shall demonstrate the ability to perform procedures necessary in emergency situations as deemed appropriate by the Commissioner of Education.

Any person employed as a school bus attendant serving students with a disabling condition on January 1, 2004 shall comply with the requirements of Education Law and Commissioner's Regulations by July 1, 2004. Any person hired after January 1, 2004 shall comply with such prior to assuming their duties.

Education Law Section 3624
Vehicle and Traffic Law Section 1229-d
8 New York Code of Rules and Regulations
(NYCRR) Section 156.3

6430 Employee Activities
Adoption Date: 12/10/1998

The Board of Education recognizes the right of its employees, as citizens, to engage in political activities and to exercise their constitutionally-protected rights to address matters of public concern.

However, a District employee’s constitutional rights to raise matters of public concern are limited when the speech or action occurs on school grounds and/or during school times. When such speech or action occurs on school grounds and/or during school time, the Board of Education can impose reasonable restrictions on the time, place and manner of the speech or action, and can further regulate the content of such speech when it materially imperils the efficient operation of the school.

Teachers may not use their classrooms or school surroundings as a means to promote their personal political views and beliefs. However, teachers are encouraged to address issues of current events for their instructional and informational value to students, to invite public and/or political figures to visit the classroom as a community resource, and to motivate students to participate in the political process.

Solicitations by Staff Personnel

Staff members shall not be engaged in advertising or commercial solicitations on school time, except as authorized by the Superintendent and/or designee.

6440 Negotiations
Adoption Date: 12/10/1998

The legal basis for negotiations is the Public Employees’ Fair Employment Law (Taylor Law), Article 14 of Civil Service Law.

Organizations recognized for the purposes of collective bargaining include:

a)Canandaigua Teachers’ Association

b)Canandaigua Administrative Team

c) Canandaigua Clerical and Paraprofessional Association

d)Canandaigua Custodial-Maintenance Association

e)Canandaigua Food Service Employees

f)Canandaigua Bus Drivers

g)Canandaigua Monitors’ Association.

6450 Theft of Services or Property
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 6/19/06; 2/25/13

The theft of services or property from the District by an employee will result in immediate disciplinary action which can lead to dismissal or other penalty, and shall not preclude the filing of criminal or civil charges by the District.

Privacy Rights

As part of any investigation, the District has the right to search all school property and equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc., are provided by the District for the use of staff and students, however, it should be known that the users do not have exclusive use of these locations or equipment and should not expect that materials stored therein will be private.

6460 Jury Duty
Adoption Date: 12/10/1998

While serving on jury duty, the employee will receive his or her regular pay for the day, but is required to return to the School District the money that is paid by the court, except for expense money received. If the employee is excused from jury duty for a day, he or she is expected to report to work on that day.

Judiciary Law Section 521(b)

6470 Use of District-Owned Telecommunications by Staff
Adoption Date: 12/10/1998, Revised: 11/18/2004; Non Substantive 3/28/13

The District provides a variety of communications equipment for the purpose of conducting its business, including fax machines, cellular telephones, telephones, e-mail system, modems and copy machines. Personal use of communications equipment should be minimal.

Employees are encouraged to use their personal credit cards or pay phones when making long distance, personal calls from a landline telephone.

The Superintendent will adopt Regulations for this Policy.

6471 Staff Use of Computerized Information Resources
Adoption Date: 12/10/1998

The Board of Education will provide staff with access to various computerized information resources through the District’s Computer System (DCS hereafter) consisting of software, hardware, computer networks and electronic communication systems. This may include access to electronic mail, so-called “on-line services” and the “Internet.” It may also include the opportunity for some staff to have independent access to the DCS from their home or other remote locations. All use of the DCS, including independent use off school premises, shall be subject to this policy and accompanying regulations.

The Board encourages staff to make use of the DCS to explore educational topics, conduct research and contact others in the educational world. The Board anticipates that staff access to various computerized information resources will both expedite and enhance the performance of tasks associated with their positions and assignments. Toward that end, the Board directs the Superintendent or his/her designee(s) to provide staff with training in the proper and effective use of the DCS.

Staff use of the DCS is conditioned upon written agreement by the staff members that use of the DCS will conform to the requirements of this policy and any regulations adopted to ensure acceptable use of the DCS. All such agreements shall be kept on file in the District Office.

Generally, the same standards of acceptable staff conduct which apply to any aspect of job performance shall apply to use of the DCS. Employees are expected to communicate in a professional manner consistent with applicable District policies and regulations governing the behavior of school staff. Electronic mail and telecommunications are not to be utilized to share confidential information about students or other employees.

This policy does not attempt to articulate all required and/or acceptable uses of the DCS; nor is it the intention of this policy to define all inappropriate usage. Administrative regulations will further define general guidelines of appropriate staff conduct and use as well as proscribed behavior.

District staff shall also adhere to the laws, policies and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, and rights of privacy created by federal and state law.

Staff members who engage in unacceptable use may lose access to the DCS and may be subject to further discipline under the law and in accordance with applicable collective bargaining agreements. Legal action may be initiated against a staff member who willfully, maliciously or unlawfully damages or destroys property of the District.

Privacy Rights

Staff data files and electronic storage areas shall remain District property, subject to District control and inspection. The computer coordinator may access all such files and communications to ensure system integrity and that users are complying with requirements of this policy and accompanying regulations. Staff should NOT expect that information stored on the DCS will be private.

The Board of Education directs the Superintendent or his/her designee to develop administrative regulations to implement the terms of this policy, addressing general parameters of acceptable staff conduct as well as prohibited activities so as to provide appropriate guidelines for employee use of the DCS.

6473 Cellular Mobile Communication Device (CMCD) Plan for Select District Staff and District Owned Devices
Adoption Date: 3/13/2008, Revised: 4/29/2010; Non-Substantive Revision 3/27/08

The Board of Education recognizes the importance and necessity of CMCD use by select District staff. The issues of accessibility during emergencies, as well as other logistical and safety circumstances, are directly related to certain responsibilities within the District both during and after school hours. In addition, other personal needs of accessibility are a part of today’s reality. Therefore, shared charges are appropriate. District owned CMCDs require appropriate controls and regulations. The Superintendent will develop appropriate regulations for both categories.

CMCD Components

There are two categories for CMCD usage for our District needs:

  • Employee-owned CMCD with related reimbursement, required for accessibility relating to job assignment
  • District-owned CMCD assigned to employees and/or departments for specific use (e.g., field trips, athletic trips, etc.)

Regulation 6473R and Form 6473F.

6475 Employee Meals
Adoption Date: 2/10/2005, Revised: ; Non-Substantive Revision: 2/25/13

Under some circumstances, it is appropriate to provide a snack, beverage or full meal at a District meeting or as part of District reimbursed travel. The Superintendent will develop Regulations which govern such items for personnel including members of the Board of Education.

6476 Travel Conference Guidelines
Adoption Date: 2/10/2005, Revised: 12/9/2010; Non-Substantive Revision: 2/25/13

From time to time it is necessary for District employees or members of the Board of Education to travel on school business. Attendance at conferences, meetings and training sessions are part of the normal course of school operations. The Superintendent will develop Regulations for this policy which will include members of the Board of Education.

General Municipal Law Section 77(b)

6477 Recognition
Adoption Date: 2/10/2005, Revised: 2/27/2014

The Superintendent is authorized to provide appropriate recognition to staff and to expend such monies as are necessary to provide for such things as:

Tokens for Staff Recognition Day (in lieu of tokens, monies may be redirected to school buildings to benefit students directly)

Recognition for long-term service

Recognition for volunteer committee service

Goodwill exchanges between student or school groups

Other such awards and recognition as deemed appropriate

6478 Alumni Recognition Programs
Adoption Date: 10/13/2005, Revised: ; Non-Substantive Revision: 2/25/13

The Board of Education endorses programs to recognize the accomplishment of outstanding graduates.Two such programs are the Graduates of Distinction Program and the Athletic Hall of Fame Program. The Superintendent is authorized to expend money supporting appropriate events honoring such graduates including meal costs of the graduate and one guest and appropriate recognition symbols.

6480 Employee Personnel Records and Release of Information
Adoption Date: 12/10/1998, Revised: 3/28/2013

Personnel Records

The Board of Education directs the Superintendent to maintain a personnel file for each teacher, administrator and support staff member employed by the District.

The Board also directs the Superintendent to maintain regulations and procedures governing the inspection by District employees of their personnel files.

Release of Personnel Information

All steps should be taken to protect the privacy of the employees of the District. To ensure the individual’s privacy, confidential information should not be shared with a third party.

Procedures for obtaining consent for release of records to third parties shall be developed by the administration.

All staff shall receive an employee directory containing names, addresses, and phone numbers of all employees. Any employee wishing not to be included in the staff directory or wishing for partial exclusion such as telephone number, may request the Human Resources Office to do so.

Release of Information Concerning Former Employees

The District shall not release information concerning the employment records, personnel file or past performance of a former employee, unless such information is required to be disclosed by law. Only the initial and final dates of employment and the position held shall be provided through a written response to a written request. The former employee may authorize the release of any additional information.

8 New York Code of Rules and Regulations
(NYCRR), Part 84
Public Officers Law Section 87

6500 COMPENSATION AND RELATED BENEFITS

6510 Workers' Compensation
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision: 2/25/13

Employees injured in the performance of their duties are covered by Workers' Compensation Insurance. Employees shall report work-related injuries immediately to a supervisor. Delay in reporting, if necessary, must be justified to the satisfaction of the insurance agency.

Reimbursement for Workers' Compensation Insurance benefits shall be in accordance with their respective negotiated agreements.

Education Law Sections 1604, 1709, 2503

6520 Payroll Deductions
Adoption Date: 12/10/1998

Payroll deductions may be made by the School District when authorized by employees or required by law.

Education Law 1709

6530 Defense and Indemnification of Board Members and Employees
Adoption Date: 12/10/1998

Liability Protection Pursuant to Education Law

The Board of Education recognizes its statutory obligation to indemnify School District employees (and in certain circumstances, Board of Education members and volunteers) pursuant to the provisions of Sections 3023, 3028, and 3811 of the Education Law. For the purposes of this policy, the term “employee” shall be as defined in the applicable statute(s).

The District shall not be subject to the duty to defend unless the employee, within the time prescribed by statute, delivers appropriate notice of the claim to the Board of Education.

a) For purposes of Education Law Section 3811, the employee must give written notice within five (5) days after service of process upon him/her. The statute mandates only written notice of the claim to the Board of Education; however, submission of relevant legal documents by the employee to the Board is also encouraged.

b) For purposes of Education Law Sections 3023 and 3028, the employee must deliver the original or a copy of the relevant legal documents to the Board within ten (10) days after service of process upon him/her.

The District will provide legal defense and/or indemnification for all damages, costs, and reasonable expenses incurred in the defense of an action or proceeding if authorized pursuant to statute and provided that the alleged action or omission which occurred or allegedly occurred is covered by the appropriate statute(s). Furthermore, the District will not be required to provide indemnification protection and/or legal defense unless the employee was, at the time of the alleged incident, acting in the discharge of his/her duties within the scope of his/her employment or authorized volunteer duties and/or under the direction of the Board of Education.

Public Officers Law Section 18

The Board of Education hereby also confers the benefits of Section 18 of the New York State Public Officers Law upon the “employees” of the District, as defined in Section 18 of the Public Officers Law; and the District assumes the liability for the costs incurred in accordance with the provisions of Section 18. The benefits accorded to District employees under Section 18 of the Public Officers Law shall supplement and be available in addition to defense or indemnification protection conferred by other enactments or provisions of law.

The term “employees” shall include members of the Board of Education, the Superintendent, District officers, District employees; volunteers expressly authorized to participate in a District-sponsored volunteer program, or any other person holding a position by election, appointment or employment in the service of the District, whether or not compensated. The term “employee” shall also include a former employee, his/her estate or judicially appointed representative.

Pursuant to the provisions of Section 18 of the Public Officers Law, and upon compliance by the employee with the requirements of this statute, the District shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his/her public employment or duties. Furthermore, the District shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting with in the scope of his/her public employment or duties. However, in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of the settlement by the Board of Education.

The duty to defend and/or indemnify and save harmless, in accordance with Section 18 of the Public Officers Law, shall be conditioned upon the delivery by the employee to the School District attorney or to the Superintendent a written request to provide for his/her defense, together with the original or a copy of any summons, complaint, process, notice, demand or pleading within ten (10) days after he/she is served with such document. Pursuant to Section 18, the full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against the District based upon the same act or omission, and in the prosecution of any appeal, shall also be required as a condition for the District’s duty to defend and/or indemnify and save harmless to exist.

Exceptions to Liability Coverage

Indemnification coverage and/or provision of legal defense by the District will not apply unless the actionable claim is of the type covered by the statute(s) and/or is not otherwise exempt from coverage pursuant to law. Additionally, indemnification coverage and/or the duty to provide a defense shall not arise where such action or proceeding is brought by or on behalf of the School District.

Public Officers Law Section 18
Education Law Sections 1709(26) and (34-b),
2560, 3023, 3028, and 3811
General Municipal Law Sections 6-n and 52

6531 Employee Protection: Property Loss
Adoption Date: 12/10/1998

The District recognizes that in the course of fulfilling job responsibilities, employees may suffer an unusual material loss. An example of such a loss may be the intentional destruction of a teacher’s personal property by a disgruntled student. In recognition of such incidents, the Board establishes this policy to properly reimburse employees for their losses.

The District will reimburse employees for material losses suffered as a function of their employments as follows:

a)The total reimbursements shall not exceed $500.

b)The loss involved damage or the destruction of personal property. Unsolved theft is excluded from this policy.

c)The loss occurred on school property while the employee was engaging in a professional activity and was a direct function of that activity.

d) The employee must pursue any and all options to recover the loss. Upon such recovery, the employee will refund to the District the amount recovered up to the amount previously reimbursed.

The Superintendent of Schools will review each request for reimbursement and determine its applicability to this policy.

6540 Leaves of Absence
Adoption Date: 12/10/1998, Revised: 2/2/2006; 03/22/07

In general, leaves of absence shall be administered by the Superintendent. The Board reserves the right to grant leaves of absence for purposes or under conditions not contemplated or considered in the policy statement. Under laws and rules governing such action, the Board grants authority to the Superintendent or his/her designee to undertake appropriate disciplinary action where a leave of absence is falsely requested or improperly used. Except by permission of the Superintendent, as expressed in writing, the purpose or conditions of a leave of absence may not be altered.

Requests for leaves of absence will be reviewed for employees who are members of a negotiating unit according to the previous of the contracts in effect between the District and each bargaining unit. Requests for leaves of absence will be reviewed for employees who are not members of a negotiating unit according to the provision of contracts in effect between the District and the bargaining unit most compatible with the employment status of the employee. Requests for leaves of absence for employees who are under contract to the District will be reviewed according to the provisions for leaves of absences contained in each contract.

Subject to the limitations enumerated in this policy statement, authorization is granted for the following unpaid leaves of absence:

a)Approved graduate study, including but not limited to any required internship experience, for a period of time not to exceed one school year;

b)Extension of a paid sick leave of absence for a period of time not to exceed the end of the school year next succeeding the school year in which the paid leave of absence commenced.

Unpaid leaves of absence shall not be used to extend vacation periods, to take vacations, to engage in other occupations, or to provide additional personal leaves, except upon the Superintendent’s discretion, where circumstances warrant, to approve leaves of absence for such purposes. Unpaid leaves of absence shall not be granted unless the services of a substitute employee, satisfactory in the discretion of the Superintendent, are able to be secured. Except where it interferes with an employee’s legal or contractual rights, the timing of unpaid leaves of absence will be granted at the convenience of the District

Emergency Service Volunteer Leave

Upon presentation of a written request from the American Red Cross and with the approval of the Superintendent, employees certified by the American Red Cross as disaster volunteers shall be granted leave from work with pay for up to twenty (20) days in any calendar year to participate in specialized disaster relief operations. This leave shall be provided without loss of seniority, compensation, sick leave, vacation leave or other overtime compensation to which the volunteer is otherwise entitled.

Uniformed Services Employment and Reemployment
Rights Act of 1994 (USERRA)
38 United States Code (USC) Section 4301-4333
Civil Service Law Sections 71-73
Education Law Sections 1709(16), 3005, 3005-a
and 3005-b
General Municipal Law Section 92-c

6541 Family and Medical Leave Act
Adoption Date: 12/10/1998, Revised: 4/8/2009

The Board of Education, in accordance with the Family and Medical Leave Act of 1993 (as amended) (FMLA), gives "eligible" employees of the District the right to take unpaid leave for a period of up to twelve (12) workweeks in a twelve-month period as determined by the District.

The District uses the school fiscal year (July 1 through June 30) as its method for calculating the leave year period for the commencement of the FMLA leave period. In certain cases, FMLA leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule. Additional leave may be granted as per Association/Individual contracts.

Special Provisions for School District Employees

To protect the continuity of instruction for our students, restrictions or accommodations may be placed on the return from leave for an instructional employee.

FMLA Notice

A notice which explains the FMLA's provisions and provides information concerning the procedures for filing complaints of violations of the FMLA shall be posted in each school building and a notice of an employee's FMLA rights and responsibilities shall be either placed in the employee handbook of the employer or furnished to each new employee upon hire.

The Superintendent will develop regulations for this policy as needed.

Family and Medical Leave Act of 1993 (as amended), Public Law 103-3
National Defense Authorization Act of 2008, Public Law 110-181
10 United States Code (USC) 101(a) (13)
29 Code of Federal Regulations (CFR) Part 825
WHD Publication 1420

6542 Military Leaves of Absence
Adoption Date: 6/19/2003

The School District, upon advance notice by the employee, shall grant military leaves of absence to full- and part-time employees who are ordered to duty or volunteer for qualifying military service. No advance notice is required if military necessity prevents the giving of notice; or the giving of notice is otherwise impossible or unreasonable.

However, the law does not require or authorize the granting of military leaves of absence by employers for temporary employees.

Employment Rights

Time during which an employee is absent pursuant to military leave shall not constitute an interruption of continuous employment in the School District and no such employee shall be subjected, directly or indirectly, to any loss or diminution of service time, increment, vacation or holiday privileges, or any other right or privilege, by reason of such absence, or be prejudiced by reason of such absence with reference to continuation in employment, reemployment, reinstatement, transfer, or promotion.

Salary

Every employee shall be paid his/her salary or other compensation for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from such duty, not exceeding a total of thirty (30) days or twenty-two (22) working days, whichever is greater, in any one calendar year; and not exceeding thirty (30) days or twenty-two (22) working days, whichever is greater, in any one continuous period of such absence.

Employee Benefits

Health Insurance

The School District will continue an employee's health insurance coverage for up to thirty (30) days as if the service member had remained employed (i.e., if the military service was for thirty (30) or fewer days, the employee cannot be required to pay more than the normal employee share of any health insurance premium). For employees performing military duty of more than thirty (30) days, the School District must offer COBRA-type coverage for at least eighteen (18) months pursuant to law. A waiting period or exclusion cannot be imposed upon reinstatement if health coverage would have been provided to the employee had the employee not been absent for military service.

Pension/Retirement Plans

While on military duty, any School District employee who is a member of any pension or retirement system may elect to contribute to such pension or retirement system the amount which he/she would have contributed had such employment been continuous. Upon making such contribution, the employee shall have the same rights in respect to membership in the retirement system as he/she would have had if the employee had been present and continuously engaged in the performance of his/her position. To the extent that such contributions are paid, absence while engaged in the performance of military duty shall be counted in determining the length of total service under such pension or retirement system.

Alternatively, employees will have an opportunity to make up contributions to the pension or retirement system upon return to employment in the District in accordance with law and the individual employee's pension/retirement system.

Time during which an employee is absent on military duty shall not constitute an interruption of continuous employment, but such time shall not be counted or included in determining the length of total service in the pension or retirement system unless such employee contributes to the retirement system the amount he/she would have been required to contribute if the employee had been continuously employed during the period of military leave.

Reemployment/Restoration Rights

Employee absences for military duty shall be deemed a leave of absence and shall not constitute an interruption of employment. Consequently, such District employees shall be reinstated to their positions as soon as possible in accordance with applicable law.

Further, an employee shall be entitled to the rate of compensation he/she would have received had the employee remained in his/her position continuously during the period of military duty and shall not be subjected, directly or indirectly, to any loss of service time, increment or any other right or privilege. Moreover, an employee shall not be prejudiced in any way because of such absence with reference to promotion, transfer, reinstatement or continuous employment.

All other rights and responsibilities of a School District employee's call to military duty shall be in accordance with law.

Probationary Service

Teachers

Where a teacher enters military duty before the expiration of the probationary period to which he/she may have been appointed, the time the teacher is absent on military duty shall be credited as satisfactory service during this probationary period. If the end of such probationary service occurs while the teacher is on military duty or within one year following the termination of military duty, the period of the probationary service may be extended by the Board of Education for a period not to exceed one year from the date of termination of military duty. However, in no event shall the period of probationary service in the actual performance of teaching services extend beyond that required by the School District at the time of the teacher's entry into military service.

Non-Teaching Employees

If a public employee enters military duty before the expiration of the probationary period in any position to which he/she may have been appointed, or to which he/she may thereafter be appointed or promoted, the time such employee is absent on military duty shall be credited as satisfactory service during such probationary period.

The Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA)
38 United States Code (U.S.C.) Sections 4301-4333
Military Law Section 242, et. al.
Military Law Section 243, et. al.

6550 Health Insurance
Adoption Date: 12/10/1998

Health insurance for certified and support staffs shall be in accordance with their respective negotiated agreements.

Continuation of Medical Insurance Coverage at Termination of Employment

Under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985(COBRA), employees and their dependents are eligible to continue their insurance coverage for up to eighteen (18) months when termination of their insurance is due to a reduction in their hours worked, or upon termination of their employment.

Dependents of employees are eligible to continue their insurance for up to thirty-six (36) months upon occurrence of one of the following events:

a) Death of the covered employee; or

b) Divorce or legal separation from the covered employee; or

c) An employee becomes eligible for Medicare and ceases to participate in the employer-sponsored plan; or

d) The dependents of a covered employee reach the maximum age for dependent coverage.

Those who are eligible to continue coverage have up to sixty (60) days to complete the Continuation of Coverage Election Form. They must pay the full cost of their premium plus administrative costs incurred by the District.

Surviving Dependents

In the event of the death of the covered employee, and if surviving dependents do not have other available insurance, the District will continue insurance coverage for sixty (60) days from the death of the employee at no cost to the surviving dependents. At the conclusion of this sixty (60) day period, the dependents are eligible to continue coverage at their own expense under the provisions of COBRA.

7000 Students

7100 Attendance

7110 Comprehensive Student Attendance Policy
Adoption Date: 7/9/2002, Revised: 5/23/2013

Statement of Overall Objectives

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

a)To increase school completion for all students;

b)To raise student achievement and close gaps in student performance;

c)To identify attendance patterns in order to design attendance improvement efforts;

d)To know the whereabouts of every student for safety and other reasons;

e)To verify that individual students are complying with education laws relating to compulsory attendance;

f)To determine attendance for State aid purposes.

Description of Strategies to Meet Objectives

The School District will:

a)Create and maintain a positive school building culture by fostering a positive physical and psychological environment where the presence of strong adult role models encourages respectful and nurturing interactions between adults and students. This positive school culture is aimed at encouraging a high level of student bonding to the school, which in turn should lead to increased attendance.

b) Maintain accurate record-keeping via a District's student data management system to record attendance, absence, tardiness or early departure of each student. Said register shall be recorded electronically with hard copy storage.

c)Utilize data analysis systems for tracking individual student attendance and individual and group trends in student attendance problems.

d)Develop early intervention strategies to improve school attendance for all students.

Determination of Legal and Illegal Absences, Tardiness and Early Departures

Based upon our District's education and community needs, values and priorities, the School District has determined that absences, tardiness and early departures will be considered excused or unexcused according to the following standards.

a)Legal: An absence, tardiness or early departure may be excused if due to personal illness, illness or death in the family, impassable roads due to inclement weather, religious observance, quarantine, required court appearances, attendance at health clinics, college visits, approved cooperative work programs, military obligations or other such reasons as may be approved by the Board of Education or may be required by law.

b)Illegal: An absence, tardiness or early departure is considered unexcused if the reason for the lack of attendance does not fall into the above categories (e.g., family vacation, hunting, babysitting, hair cut, obtaining learner's permit, road test, oversleeping).

Student Attendance Record-keeping/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.

Commencing July 1, 2003, attendance shall be taken and recorded in accordance with the following:

a)For students kindergarten through grade two or any self-contained special education classroom, such student's presence or absence shall be recorded after the taking of attendance once per school day, provided that students are not dismissed from school grounds during a lunch period. Where students are dismissed for lunch, their presence or absence shall also be recorded after the taking of attendance a second time upon the student's return from lunch.

b) For students in grade 3-5, student presence or absence shall be recorded at the start of each core class of ELA, math, science and social studies.

c)For students in grades six through twelve, each student's presence or absence shall be recorded after the taking of attendance in each period of scheduled instruction except that where students do not change classrooms for each period of scheduled instruction, attendance shall be taken in accordance with paragraph "a" above.

d)Any absence for a school day or portion thereof shall be recorded as ilegal or illegal in accordance with the standards articulated in this policy.

e)In the event that a student at any instructional level from kindergarten through grade twelve arrives late for or departs early from scheduled instruction, such tardiness or early departure shall be recorded as excused or unexcused in accordance with the standards articulated in this policy.

A record shall be kept of each scheduled day of instruction during which the school is closed for all or part of the day because of extraordinary circumstances including adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, destruction of or damage to a school building, or such other cause as may be found satisfactory to the Commissioner of Education.

Attendance records shall also indicate the date when a student withdraws from enrollment or is dropped from enrollment in accordance with Education Law Section 3202(1-a).

At the conclusion of each class period or school day, all attendance information shall be compiled and provided to the designated school personnel who are responsible for attendance. The nature of the absence, tardiness or early departure shall be coded on a student's record in accordance with the established District/building procedures.

Student Attendance/Course Credit

The District believes that classroom participation is related to and affects a student's performance and grasp of the subject matter and, as such, is properly reflected in a student's final grade. For purposes of this policy, classroom participation means that a student is in class and prepared to work.

Consequently, for each marking period a certain percentage of a student's final grade as approved by the Building Principal may be based on classroom participation as well as the student's performance on homework, tests, papers, projects, etc. as determined by the building administrator and/or classroom teacher.

Students are expected to attend all scheduled classes. Consistent with the importance of classroom participation, unexcused student absences, tardiness, and early departures will affect a student's grade, including credit for classroom participation, for the marking period. The participation grades shall not exceed 10% of the total quarterly grade unless a specific dispensation has been given by the principal. Such dispensations will be given for classes such as family and consumer sciences and physical education classes where participation is fundamental to the classroom experience.

At the middle school/high school level, any student with more than eighteen (18) absences in a full year course, nine (9) absences in a half-year course, or six (6) absences per semester in physical education may not receive credit for the course. However, it is District policy that students with properly excused absences, tardiness and early departures for which the student has performed any assigned make-up work, assignments and/or tests shall not be counted as an absence for the purpose of determining the student's eligibility for course credit. District procedures will specify how student tardiness and early departures will be calculated and factored into the District's minimum attendance standard.

Building policies and procedures for awarding of credit due to attendance and for attendance in summer school will be developed and approved by the Superintendent of Schools.

Transfer students and students re-enrolling after having dropped out will be expected to attend a prorated minimum number of the scheduled class meetings during their time of enrollment.

Students will be considered in attendance if the student is:

a)Physically present in the classroom or working under the direction of the classroom teacher during the class scheduled meeting time; or

b)Working pursuant to an approved independent study program; or

c)Receiving approved alternative instruction.

Students who are absent from class due to their participation in a school-sponsored activity are to arrange with their teachers to make up any work missed in a timely manner as determined by the student's teacher. Attendance at school-sponsored events where instruction is substantially equivalent to the instruction which was missed shall be counted as the equivalent of regular attendance in class.

Upon returning to school following a properly excused absence, tardiness or early departure, it shall be the responsibility of the student to consult with his/her teacher(s) regarding arrangements to make up missed work, assignments and/or tests in accordance with the time schedule specified by the teacher.

Notice of Minimum Attendance Standard/Intervention Strategies Prior to the Denial of Course Credit

In order to ensure that parents/persons in parental relation and students are informed of the District's policy regarding minimum attendance and course credit, and the implementation of specific intervention strategies to be employed prior to the denial of course credit to the student for insufficient attendance, the following guidelines shall be followed:

a)Copies of the District's Comprehensive Student Attendance Policy will be included in the student handbook and posted on line.

b)School newsletters and publications will include periodic reminders of the components of the District's Comprehensive Student Attendance Policy. Copies of the Attendance Policy will also be included in parent/student handbooks.

c)At periodic intervals, a designated staff member(s) will notify, by telephone, the parent/person in parental relation of the student's absence, tardiness, or early departure and explain the relationship of the student's attendance to his/her ability to receive course credit. If the parent/person in parental relation cannot be reached by telephone, a letter shall be sent detailing this information.

d)A designated staff member will review the District's Attendance Policy with students who have excessive and/or unexcused absences, tardiness or early departures. Further, appropriate student support services/personnel within the District, as well as the possible collaboration/referral to community support services and agencies, will be implemented prior to the denial of course credit for insufficient attendance by the student.

Notice of Students who are Absent, Tardy or Depart Early Without Proper Excuse

A designated staff member shall notify by telephone the parent/person in parental relation to a student who is absent, tardy or departs early without proper excuse. The staff member shall explain the District's Comprehensive Student Attendance Policy, the District's/building level intervention procedures, and, if appropriate, the relationship between student attendance and course credit. If the parent/person in parental relation cannot be reached by telephone, the staff member will provide such notification by mail. Further, the District's Attendance Policy will be mailed to the parent/person in parental relation to promote awareness and help ensure compliance with the policy.

If deemed necessary by appropriate school officials, or if requested by the parent/person in parental relation, a school conference shall be scheduled between the parent/person in parental relation and appropriate staff members in order to address the student's attendance. The student may also be requested to attend this conference in order to address appropriate intervention strategies that best meet the needs of the student.

Disciplinary Consequences

Unexcused absences, tardiness and early departures will result in disciplinary sanctions as described in the District's Code of Conduct. Consequences may include, but are not limited to, in-school suspension, detention and denial of participation in interscholastic and extracurricular activities. Parents/persons in parental relation will be notified by designated District personnel at periodic intervals to discuss their child's absences, tardiness or early departures and the importance of class attendance and appropriate interventions. Individual buildings/grade levels will address procedures to implement the notification process to the parent/person in parental relation.

Intervention Strategy Process

In order to effectively intervene when an identified pattern of unexcused absences, tardiness or early departures occur, designated District personnel will pursue the following:

a)Identify specific element(s) of the pattern (e.g., grade level, building, time frame, type of unexcused absences, tardiness or early departures);

b)Contact the District staff most closely associated with the element. In specific cases where the pattern involves an individual student, the student and parent/person in parental relation will be contacted;

c)Discuss strategies to directly intervene with specific element;

d)Recommend intervention to Superintendent or his/her designee if it relates to change in District policy or procedure;

e)Implement changes, as approved by appropriate administration;

f)Utilize appropriate District and/or community resources to address and help remediate student unexcused absences, tardiness or early departures;

g)Monitor and report short and long term effects of intervention.

Appeal Process

A parent/person in parental relation may request a building level review of their child's attendance record.

Education Law Sections 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

7111 Student Residency
Adoption Date: 12/10/1998, Revised: 10/9/2003; Non Substantive 3/25/13

The residence of children residing within the District boundaries shall be established in a manner consistent with State Law and the Regulations of the Commissioner.

All persons residing in the District who are between the ages of five (5) and twenty-one (21) years and who have not received a high school diploma shall be entitled to attend a District school.

Determination of Student Residency

The Board of Education or its designee shall determine whether a child is entitled to attend a District school. Any adverse residency decision by a school official, other than the Board or its designee, shall include written notice to the parent/legal guardian of the procedures for obtaining review of the decision within the District. Residency in this context means both one’s physical presence as an inhabitant and the intention to reside within the District.

The Board of Education directs the Superintendent to develop regulations to implement this policy.

Children Living with Noncustodial Parents

A child’s residence is usually determined by the residence of the custodial parent. However, a noncustodial parent who resides in the District may enroll his/her child in a District school if he/she shares the day-to-day responsibilities for the child and the custodial parent designates the child’s residence with the noncustodial parent.

Homeless Children

As defined by the Regulations of the Commissioner, “a homeless child is one who is entitled to attend school in the State of New York who, because of the unavailability of permanent housing, is living in a hotel, motel, shelter or other temporary living arrangement in a situation in which the child or his/her family is receiving assistance and/or services from a local social services district…”

The parent/legal guardian of a homeless child, or a homeless child, together with the homeless liaison designated by the School District in the case of an unaccompanied youth, or the director of a residential program for runaway and homeless youth established pursuant to Article 19-H of the Executive Law, in consultation with the homeless child, where such homeless child is living in such program, may designate either the school district of current location, the school district of last attendance, or a school district participating in a regional plan as the district the child shall attend.

Children of Activated Reserve Military Personnel

Students temporarily residing outside the boundaries of the District, due to relocation necessitated by the call to active military duty of the student’s parent or person in parental relationship, will be allowed to attend the public school that they attended prior to the relocation. However, the District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.

Emancipated Minors

A student beyond the compulsory school age, who is independent and does not reside with his/her parents/legal guardians, may establish emancipation by meeting the following requirements:

a) Submit documentation of his/her age, residence and means of support;

b) Explain the circumstances of the emancipation, including a description of the relationship with his/her parent/legal guardians; and

c) Provide assurance that he/she is not receiving financial support from parents/legal guardians (except in cases where a court order requires parental support for an emancipated minor).

In addition to this information, the District may require an affidavit or sworn statement from the student as proof of emancipation and residence within the District.

Parents/legal guardians of an emancipated minor may be asked to provide a statement describing their relationship to the student only if such a statement does not place an unreasonable burden on the student.

McKinney – Vento Homeless Assistance Act, Section 722,
as reauthorized by the No Child Left Behind Act of 2001
Education Law Sections 2045, 3202, 3205, 3209 and 3212(4)
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(x) and (y)

7112 Compulsory Attendance Ages
Adoption Date: 12/10/1998

Children who become five (5) years of age on or before the first of December in any school year are eligible to enroll in kindergarten. According to Education Law, a student who becomes six (6) years of age on or before the first of December in any school year shall be required to attend full-time instruction from the first day that the District Schools are in session in September of such school year, and a student who becomes six (6) years of age after the first of December in any school year shall be required to attend full-time instruction from the first day of session in the following September. In the Canandaigua City School District, a student shall be required to remain in attendance until the last day of session in the school year in which the student becomes seventeen (17) years of age.

Exceptions:

a)A minor who has completed a four-year high school course of study shall not be subject to the provisions of this policy.

b)A student for whom application for full-time employment certificate has been made and who is eligible therefore, may, though unemployed, be permitted to attend part-time school not less than twenty (20) hours per week instead of full-time school, provided that the student is at least seventeen (17) years of age and has the prior approval of the building principal to do so.

Education Law Sections 3202 and 3205

7113 Attendance Records
Adoption Date: 12/10/1998

The Superintendent shall keep the Board informed as to its legal responsibilities for the compulsory education of the students of the District.

The system of recording attendance and the procedures to be used in keeping data shall be selected by the Superintendent.

The Superintendent shall instruct administrative and instructional personnel of the District regarding procedures for recording and maintaining attendance records.

Educational Law Sections 3024, 3025 and 3211

7114 Excuses
Adoption Date: 12/10/1998, Revised: ; Non Substantive 4/29/13

A written excuse, signed by the parent/legal guardian, must be presented by the student on the day when returning to school following each absence. If after ten (10) school days an acceptable written excuse is not produced, that absence will be considered illegal.

The school principal/designee may require a letter from a qualified physician excusing a student for an absence anytime any of the following conditions are met:

a) Circumstances surrounding the absence are suspicious.

b) The student has missed 10% or more of the eligible school days or ten (10) full days, whichever is less.

c) The principal suspects educational neglect.

If such a letter cannot be produced in five (5) school days after such request, the absence shall be considered illegal. The Superintendent/ designee must report cases of chronic illegal absence to the Department of Probation for appropriate action and to the New York State Department of Social Services Child Abuse Register under the neglect provision of Social Services Law.

Procedures shall be established by the school administration for ascertaining reasons for excessive student absenteeism and methods shall be devised for correcting individual problems in this area.

Education Law Sections 3209-a and 3210

7120 Age of Entrance
Adoption Date: 12/10/1998

Kindergarten

Students who are legal residents of the School Distrct and who reside with parents or guardians within the School Distrct at the time of the opening day of school must be five (5) years or more of age on December 1st in order to register for kindergarten.

Exceptions to this kindergarten admission policy may be made at the discretion of the Superintendent of Schools or his/her designee. In making such exceptions, the Superintendent or his/her designee will seek the advice of the school psychologist and the Primary School principal.

When an exception to the age standard is considered, the mental and physical maturity and the social and emotional development of the child will be evaluated.

Other Grades

Admission of children to other grades shall involve a consideration of both chronological age and the readiness of the children to the do the work of those grades.

Education Law Section 3202

7121 Student Proof of Age
Adoption Date: 12/10/1998

Student birth certificates or other satisfactory evidence of age shall be presented at the initial registration. The child shall be entered under his/her legal name.

Education Law Section 3212

7122 Screening of New School Entrants
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 03/12/04,Revised 10/10/04, Revised 1/27/05, Non-Substantive Revision 2/02/06

The Board of Education shall provide for the screening of every new entrant to school to determine which students may have disabilities, may be gifted or may be of limited English proficiency. A new entrant means a pupil entering the New York State public school system for the first time, or re-entering a New York State public school with no available record of a prior screening. Such diagnostic screening shall be conducted:

a) By persons appropriately trained or qualified;

b) In the student’s native language if the language of the home is other than English;

c) In the case of new entrants, prior to the school year, if possible, but no later than December 1 of the school year of entry or within fifteen (15) days of transfer of a student into a New York State school should the entry take place after December 1 of the school year.

d) In the case of students who score below level two on the most recent reading or mathematics test for New York State, and students who obtain a comparable percentile score on the Regents Preliminary Competency Test, within thirty (30) days of the availability of the test scores.

Such screening shall include, but not be limited to the following:

a) A physical examination by a physician/nurse practitioner 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. Vision screening services will be provided to all new admissions within six (6) months of enrollment or by such other date prescribed by the Commissioner of Education.

b) A language development assessment.

No screening examination for vision, hearing or scoliosis condition is required where a student, parent, or person in parental relation objects on the grounds that such examination conflicts with their genuine and sincere religious beliefs.

If such screening indicates a possible disability, a referral shall be made to the Committee on Special Education (CSE) no later than fifteen (15) calendar days after completion of such diagnostic screening.

If such screening indicates a possibly gifted child, the name and finding shall be reported to the Superintendent of Schools and to the parents/person in parental relationship no later than fifteen (15) calendar days after completion of such screening. The term gifted child is defined as a child who shows evidence of high performance capability and exceptional potential in areas such as general intellectual ability, special academic aptitude and outstanding ability in visual and performing arts. Such definition shall include those children who require educational programs or services beyond those normally provided by the regular school program in order to realize their full potential.

If such screening indicates a child identified as possibly being of limited English proficiency, such child shall be referred for further evaluation in accordance with the Regulations of the Commissioner of Education to determine eligibility for appropriate transitional bilingual or free-standing ESL programs.

Reporting to Parents

Parents/person in parental relationship of children to be screened shall receive information in advance regarding the purpose of screening, the areas to be screened and the referral process. The information shall be communicated either orally or in writing in the parents’ primary language(s). This information will be provided during the registration interview.

Parents/person in parental relationship have the right to request information regarding their child’s performance during screening. They shall have access to the screening results and obtain copies upon request.

Confidentiality of Information

The Board of Education’s policy and administrative regulations in accordance with the Family Educational Rights and Privacy Act of 1974 shall apply to all information collected about a child through the screening program. In accordance with the policy and regulations, parents shall be informed of their right to privacy, their right to access to the records and their right to challenge those records should they be inaccurate, misleading or otherwise inappropriate.

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, 142.2 and 154

7125 Education of Homeless Children
Adoption Date: 6/19/2003, Revised: 1/11/2007

The parent/person in parental relation to a homeless child; or the homeless child, together with the homeless liaison designated by the School District in the case of an unaccompanied youth; or the director of a residential program for runaway and homeless youth established pursuant to Article 19-H of the Executive Law, in consultation with the homeless child, where such homeless child is living in such program, may designate either the school district of current location, the school district of origin, or a school district participating in a regional placement plan as the district the homeless child shall attend.

Pursuant to Commissioner's Regulations, a "homeless child" means a child or youth who lacks a fixed, regular, and adequate nighttime residence; or whose primary nighttime location is in a public or private shelter designed to provide temporary living accommodations, or a place not designed for or ordinarily used as regular sleeping accommodations for human beings; including a child who:

a) Is sharing the housing of other persons due to a loss of housing, economic hardship or a similar reason;

b) Is living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations;

c) Is abandoned in hospitals;

d) Is awaiting foster care placement; or

e) Is a migratory child who qualifies as homeless in accordance with Commissioner's Regulations. As defined in the No Child Left Behind Act of 2001, the term "migratory child" includes a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who has moved from one school district to another in the preceding 36 months, in order to obtain, or accompanies such parent or spouse in order to obtain, temporary or seasonal employment in agricultural or fishing work.

The term "homeless child" shall not include a child in foster care or receiving educational services pursuant to Education Law Section 3202(4),(5),(6),(6a) or (7) or pursuant to Article 81, 85, 87 or 88. For example, a child in a family home at board, a school for the mentally retarded, a hospital or other institution for the care, custody and treatment of children; youths under the direction of the Division for Youth incarcerated in county correctional facilities or youth shelters; or children residing in child care institutions or schools for the deaf or blind would not be considered "homeless."

Homeless children shall be educated as part of the school's regular academic program. Services must be provided to homeless children through programs and mechanisms that integrate homeless children with their non-homeless counterparts. Services provided with McKinney-Vento funds must expand upon or improve services provided as part of the regular school program. Consequently, the School District shall ensure that homeless children are not segregated in a separate school, or in a separate program within the school, based on their status as homeless; and to the extent feasible consistent with the requirements of Commissioner's Regulations, keep a homeless child in the school of origin except when doing so is contrary to the wishes of the child's parent or guardian. Further, the School District shall review and revise policies and practices, including transportation guidelines, that may act as barriers to the enrollment, attendance, school success, and retention of homeless children in the School District.

All homeless children are automatically eligible for Title I Part A services whether or not they meet the academic standards or live in a Title I school attendance area. Homeless children receive Title I educational or support services from school-wide and targeted-assistance school programs.

The District shall also establish guidelines for the prompt resolution of disputes regarding school selection or enrollment of a homeless child; and provide a written explanation, including a statement regarding the right to appeal in accordance with law, to the homeless child's parent or guardian if the School District sends such child to a school other than the school of origin or the school requested by the parent or guardian.

Transportation

If the local social service district or the Office of Children and Family Services is not required to provide transportation, the designated district is responsible for the provision and the cost of the child’s transportation. Where a homeless child designates the school district of current location as the district the child will attend, then that district shall provide transportation to the child on the same basis as a resident child. Where the homeless child designates the school district of origin or a school district participating in a regional placement plan, then that district must provide transportation to and from the homeless child’s temporary housing and school.

Transportation must be provided during the pendency of enrollment disputes.

School District Liaison for Homeless Children

The School District shall designate an appropriate staff person, who may also be a coordinator for other federal programs, as the local educational agency liaison for homeless children to carry out the duties as enumerated in law, Commissioner's Regulations and applicable guidance issued by the U.S. and New York State Education Departments.

Reporting Requirements

The School District shall collect and transmit to the Commissioner of Education, at such time and in the manner as the Commissioner may require, a report containing such information as the Commissioner determines is necessary to assess the educational needs of homeless children within the state.

McKinney-Vento Homeless Education Assistance Act,
as reauthorized by the No Child Left Behind Act of 2001
42 United States Code (U.S.C.) Section 11431 et seq.
Education Law Section 3209
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(x)

7130 Non-Resident Students
Adoption Date: 12/10/1998, Revised: ; Non Substantive Revision

Non-resident students will be accepted only under the following circumstances:

a)Students whose parents or guardians move from the Canandaigua City School District after February 1 of a year will be permitted to attend the Canandaigua Schools on a non-tuition basis until the end of the school year during which the move occurs. Transportation will not be provided outside of District boundaries for any non-resident student.

b)Students who have begun their Junior year shall be permitted to attend Canandaigua Academy through their senior year as long as they remain a student in good standing and avoid serious disciplinary issues.

c)Parents or guardians who have proper written verification that they will become School District residents after the beginning of a school year and who want to enroll students as soon as possible at the school they will be attending may do so. If the parents or guardians become legal residents of the District within ninety (90) school days after their child/children commence attendance, they will not be charged tuition. If legal residency is commenced after that time, tuition will be charged from the first day of attendance to the day the parents or guardians become legal residents of the District. Any residential property taxes paid to the District will be credited toward the tuition. If, for any reason, the parents or guardians do not become School District residents, or the residency date is not met within the reasonable time, the Superintendent of Schools shall determine the extent of further enrollment, if any, of their child/children in the District and tuition shall be paid as provided below.

After students have been accepted and enrolled in school, it is the responsibility of the parents or guardians to notify the School Office immediately upon becoming residents of the District. The Business Office shall then determine the tuition charge, if any, and mail a billing to the parents or guardians as determined by the period of time the student has been a non-resident. Transportation shall not be provided to non-resident students except as required by law, or as might be arranged at no additional cost to the District.

d)Students admitted by the Board of Education as foreign exchange students shall attend on a non-tuition basis during the period of the authorized stay.

e)Parents or guardians of non-resident students who wish to have their children attend the Canandaigua City School District may request permission from the Superintendent of Schools. Specific reasons for making the request must be given. In case of compelling need, the Superintendent may recommend that the children be admitted by the Board of Education. Tuition shall be charged unless waived by the Board of Education.

f)A child of a non-resident employee may attend Canandaigua Schools on a tuition-free basis as long as the child remains a student in good standing and avoids serious disciplinary issues and the parent/guardian remains a full-time employee of the Canandaigua City School District or a part-time employee working at least six (6) hours per day on all school days. If an employee should discontinue their employment, the child shall be allowed to finish the semester in which they are enrolled unless they have begun their Junior year in which case they shall be allowed to finish their Senior year.

Tuition Charge

The tuition charge for the entire year is determined annually by the District based upon the formula as prescribed by the State Education Department and is prorated for any part of the year. Tuition payments are payable in accordance with a schedule determined by the District Business Office.

7131 Foreign Exchange Students
Adoption Date: 12/10/1998, Revised: 3/8/2007; Non-Substantive Revision 6/12/08, Revised 11/6/08; 6/9/11; 4/11/13; 4/10/14

The Board of Education believes that international student exchange programs significantly enrich the experiences of both the individual student and the school. The Board reserves the right to set terms and conditions concerning the admission of foreign exchange students. A foreign exchange student shall be defined as a citizen and resident of another nation who is between the ages of 15 and 19 years who has formally applied for admission or who has been admitted to a District school for a specific period of time through an approved exchange program for the purpose of study in a prescribed curriculum. In most circumstances, a foreign exchange student is not eligible for a New York State Diploma.

In order to be admitted, foreign exchange students must meet the following criteria:

a) They must be living with, have lived with or planning to live with a resident family of the Canandaigua City School District.

b) A written recommendation from a sponsoring organization and/or school official shall be submitted for review by the Superintendent of Schools/designee. This recommendation shall attest to the student’s scholarship and character in alignment with District expectations. The Superintendent/designee reserves the right to request additional material to assist in the review process.

c) A completed application should be received no less than ninety (90) days prior to the beginning of the semester for which the student is to be admitted. Only under extreme circumstances, this may be waived upon the Superintendent’s recommendation.

d) The student will be in compliance with all laws governing legal aliens or other laws which pertain to his/her status.

e) It is understood that such admission is temporary; therefore, the student will not be regarded as a legal resident of the District and will therefore not receive a New York State diploma. Therefore, all such admissions shall be subject to the Superintendent’s recommendation and Board of Education approval.

f) The student will be enrolled in school in accordance with District rules and regulations and will then be subject to said rules and regulations. It is understood that serious disciplinary infractions may result in termination of the student’s temporary admission status.

g)Typically, foreign exchange students shall be considered only at the high school level. The number of such students admitted in any single year shall not exceed five (5) except in special circumstances as approved by the Board of Education.

h)Programs shall be approved at the discretion of the Superintendent or designee. In a given school year, students from no more than four (4) approved programs will be accepted for admission. Exchange programs must be approved 60 days prior to the submission of applications or recruitment of host families. Only approved programs may submit student applications. The Board reserves the right to periodically review these programs.

Education Law Section 3202(2)
8 NYCRR Section 174.2

7140 Release of Students
Adoption Date: 12/10/1998

Written requests from the parent or legal guardian for the release of students generally will be considered within the framework established by the state attendance laws. The appropriate time and reason for absence shall be recorded on the attendance record, using the procedures mandated by the state.

The building principal of his/her designee shall assume this responsibility to review and approve all requests.

8 New York Code of Rules and Regulations
(NYCRR) Section 109.2

7200 Student Progress

7210 Student Evaluation
Adoption Date: 12/10/1998, Revised: 4/22/2004

Placement

The placement of a student within the school system, with respect to building, teacher, and grade or special class, shall be at the discretion of the school administration and shall be subject to review and change at any time. In making such decisions, the administrator will be guided by performance in class, past records, parent/guardian and teacher recommendations, standardized test scores, and any other appropriate sources of information, but the final decision shall rest with the school administration.

Promotion and Retention

The procedures to be followed by the staff regarding promotion and retention of a student will be developed by the Superintendent and will be continually evaluated in the light of School District policy. Building 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 Board of Education endorses and supports the use of ability, achievement, diagnostic, readiness, interest and guidance tests as part of the total educational process to the degree to which tests help the District to serve its students.

Alternative Testing Procedures

The use of alternative testing procedures shall be limited to:

a)Students identified by the Committee on Special Education and/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; and

b)Students whose native language is other than English (i.e., English language learners) 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/Legal Guardians

Parents/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 conferences, phone conversations, etc.

When necessary, attempts will be made to provide interpreters for non-English speaking parents/guardians.

8 New York Code of Rules and Regulations
(NYCRR) Sections 100.2(g), 117, and 154
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (U.S.C.) Section 794 et seq.

7210.5 Independent Educational Evaluations
Adoption Date: 3/20/2014

The Board of Education recognizes the right of parents or guardians of a student who has or is thought to have a disability to receive an independent evaluation at public expense if they disagree with the evaluation obtained by the Committee on Special Education (CSE) or the Committee on Preschool Special Education (CPSE).

The independent examination shall be conducted by a qualified examiner who is not employed by the school district responsible for the child's education. The district shall maintain and make available to parents/guardians a list of appropriate public and private agencies and other resources which can provide an independent educational evaluation of an identified child with disability. The list shall contain the names, addresses and telephone numbers of such agencies or resources. These publicly-funded independent evaluations shall be limited to the same geographic and fiscal limitations as used by the district when it initiates an evaluation.

Parents or guardians should file a written request within 90 days from the date of the CSE or CPSE evaluation. The district has the right to initiate an impartial hearing to demonstrate that its evaluation is appropriate. If the hearing officer determines that the district's evaluation was appropriate, a parent or guardian is not entitled to reimbursement at public expense.

The Board directs the Superintendent of Schools to develop regulations establishing maximum allowable fees for specific tests, the geographic area in which such evaluations may take place, and minimum qualifications of the professionals who administer and interpret various tests; and a reasonable timeline for seeking reimbursement.

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

7220 Promotion and Retention
Adoption Date: 12/10/1998

Decisions on promotion and retention of a child should be based on the individual evaluation of each child.

The procedures to be followed by the staff regarding promotion and retention will be developed by the Administration and will be continually evaluated in the light of School District policy. Building principals may establish written standards for promotion or retention within the school units to which they are assigned, subject to the guidelines of the Superintendent.

7225 Class Rank
Adoption Date: 11/18/2004

The Board of Education acknowledges the inherent inequities and difficulties of ranking students based only on cumulative numeric grades. Therefore, the Board does not subscribe to traditional class rank lists.

However, the Board recognizes that there are instances when a generalized ranking may be necessary as a condition for consideration for specific scholarships or admission to certain colleges. When a description of student achievement is required as compared to other students and with the permission of the student and upon the request of colleges and universities, the military, an employer or any other appropriate agencies, the Counseling Office is authorized to assign one of the following general descriptions which shall take into account the full range of student achievement.

  • Among the top few students in the class
  • Among the top 10% of the students in the class
  • Among the top 25% of the students in the class
  • Among the top 50% of the students in the class
  • Not in the upper half of the class

This policy is effective with the Class of 2008.

7230 Graduation Requirements
Adoption Date: 12/10/1998, Revised: 7/9/2002; 11/06/03, 4/28/05, 12/15/05; 5/23/13

Requirements for graduation will be governed by New York State Education requirements.

Course Requirements for Graduation
A total of 22 credits are required for the Canandaigua Academy and New York State Regents Diploma. The 22 credits must consist of the following:

SUBJECT REGENTS REGENTS A.D.
(Advanced Designation)
English 4 Credits 4 Credits
Social Studies 4 Credits 4 Credits
Mathematics 3 Credits 3 Credits
Science 3 Credits 3 Credits
Second Language [1]1 Credit [2]1 Credit*
Health ½ Credit. ½ Credit.
Visual Arts and/or Music 1 Credit 1 Credit
Electives 3½ Credits 3½ Credits *
Physical Education 2 Credits 2 Credits
22 Credits 22 Credits

Regents Diploma with Honors

The District may award a Regents diploma with honors to students who receive an average of ninety percent (90%) on all Regents examinations required for the honors diploma. These exams include mathematics, science, US History and Government, Global History and Geography, and languages other than English (LOTE).

Regents Diploma with Advanced Designation with Honors

The District may award a Regents diploma with advanced designation with honors. A student needs to have an average score of ninety percent (90%) on all Regents examinations required for the advanced diploma. These Regents examinations are: ELA, two (or three) mathematics, two sciences (one in physical science/the other in life science), US History and Government, Global History and Geography and languages other than English (LOTE).


[1] Students identified as having a disability may be exempt from the Second Language requirement if the student’s IEP states that the requirement is not appropriate.

[2] To earn the advanced designation diploma, the student must complete one of the following: 1. A language other than English (3 credits), 2. Career and Technical Education (5 credits), 3. The ARTS or Music (5 credits)These “honors” diploma may also be given to a student who has substituted no more than two (2) alternative assessments for a Regents examination as approved by Commissioner’s Regulation Section 100.2(f). However, the student’s actual score on the substituted alternative assessment will not be factored into the ninety percent (90%) calculation.

Additional Requirements for Graduation

Visual Arts

All students must show mastery on their Middle School Visual Arts Benchmarks or successfully complete Studio Art 2D/3D. Transfer students who cannot complete the requirement may be exempted by the Building Principal.

*Sequence courses and/or electives may include LOTE, CTE or the Arts.

Appeals Process on Regents Examinations Passing Score to Meet Regents Diploma Requirements

The District has established an appeals process in which students who score within three points of 65 and have met other criteria enumerated in Commissioner’s Regulations that demonstrate they have achieved the State learning standards would be eligible to appeal.

Education Law Sections 3202 and 4402(5)
8 New York Code of Rules and Regulations (NYCRR) Section 100.5

Additional Requirements

The Board of Education also requires that all high school students be enrolled in a minimum of six courses, in addition to physical education each semester. The high school principal may waive these requirements.

7232 Early Graduation
Adoption Date: 12/10/1998

A student shall be eligible for early graduation in fewer than eight (8) 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 (8th) semester.

8 New York Code of Rules and Regulations
(NYCRR) Section 100.5(3)

7233 Regents Examination Requirements (Phase-In Period)
Adoption Date: 7/9/2002

The New York State Board of Regents has adopted increased testing requirements for high school students. The Regents have established a phase-in period during which local diploma candidates may meet the testing requirements.

It is the policy of the Canandaigua City School District that during the allowable phase-in period, students scoring at 55 or above shall meet the state testing requirements for a local diploma and that students scoring 65 or above shall meet the state testing requirements for a Regents Diploma. However, local course credit shall be granted only with an overall course average of 65 or above.

Students pursuing a local diploma must achieve a grade of at least 55 on Regents examinations in Global History and Geography, US History and Government, Regents Math, Regents Science and Regents English for the Class of 2002 and Class of 2003. For the Class of 2004, students must earn a Regents examination grade of at least 65 in Regents English, Regents US History and Government, and Regents Global History and Geography and a Regents examination score of at least 55 in Regents Math and Regents Science.

The Board of Regents approved the extension of the current safety net to include four additional freshman classes of students with disabilities (2001-2004). The safety net extends the availability of a local diploma for students with disabilities identified through a Committee on Special Education (CSE), students with disabilities identified through Section 504 Multi-disciplinary Team if recommended, and students with disabilities declassified while in grades 8-12 if recommended and determined by the CSE. The safety net allows students with disabilities who fail a required Regents exam to take the Regents Competency Test (RCT). If they pass the RCT, they will receive credit towards a local diploma. In all cases, the student must take the required Regents exam but may take the RCT before or after the Regents exam.

The safety net is now available to all students with disabilities entering 9th grade from September 1996 – September 2004. The RCTs will be available until the student graduates or reaches the age of 21.

7235 Transfer Students/Credit
Adoption Date: 6/19/2003

A student who enters a District school from another state, another country, or another New York State school is considered to be a transfer student. Students who have been receiving home instruction and enroll in the School District are also considered to be transfer students.

It is the responsibility of the high school principal to evaluate the transcript or other records of a transfer student enrolling in a District high school, and award the appropriate units of transfer credit towards a high school diploma. However, when a student transfers from a registered New York State high school to a (registered) District high school, the principal must transfer credit for all credit awarded by such registered New York State high school.

Additionally, the principal, after consulting with relevant faculty, may award transfer credit for work done at other educational and cultural institutions and for work done through independent study. The decision should be based on whether the student's record indicates that the work is consistent with New York State commencement level learning standards and is of comparable scope and quality to that which would have been done in the school awarding the credit.

Transfer students must meet all the units of credit requirements for a diploma. While principals have considerable discretion in reviewing a student's record, they cannot waive the units of credit requirements for a diploma. The assessment requirements a student must meet to earn a diploma are based on the year in which the student entered grade 9 for the first time in New York State or in an out-of state or out-of-country school. Transfer students who are exempted from taking specific State assessments must have their transcripts and permanent records so annotated.

Interscholastic athletic eligibility requirements for transfer students shall be in accordance with the rules enumerated in the most recent New York State Public High School Athletic Association (NYSPHSAA) Handbook.

8 New York Code of Rules and Regulations
(NYCRR) Part 100

7240 Reporting to Parents/Legal Guardians
Adoption Date: 12/10/1998

Parents/legal 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 conferences and phone conversations.

7241 Communications with Parents/Guardians
Adoption Date: 12/10/1998, Revised: ; Non Substantive: 4/29/13

The Board of Education encourages staff members to communicate on a regular basis with parents/guardians by way of personal conference, letter, telephone or electronic communication. To that end, the Board will strive to make multiple communication vehicles available to staff members.

In the event parents/guardians initiate contact and staff members are not available to receive a telephone call, or in the event a staff member receives a letter from parents/guardians, the staff member is expected to respond in a timely manner. The Board encourages response on the same business day, but no later than the end of the next business day. Any time a staff member feels uncomfortable responding to a communication he/she should immediately consult with the building principal or direct supervisor.

Staff members are to make a record of all communications received by parents/guardians other than routine items such as permission slips and other items of that nature. They are also to log in times they responded or attempted to respond to each communication. Such records should be available for the entire school year.

7250 Student Records
Adoption Date: 12/10/1998, Revised: 5/29/2002

The Canandaigua Board of Education recognizes that maintenance of student records is a proper and necessary educational function. Permanent record files are intended to provide information which can be used to develop the best possible educational program for each student. The record shall include information useful for counseling, individual instructional program design, recommendations as to advanced study, job placement, and a variety of similar purposes.

Parent/guardians and non-custodial parent(s) whose rights are not limited by court order or formal agreement of a student under eighteen (18), or a student who is of eighteen (18) years of age or older or who is attending an institution of post secondary education, are entitled to inspect the student record. At the time of such inspection, appropriate school personnel shall be present to assist in the interpretation of the records and to answer such questions as may arise. Upon request, both permanent and temporary files and teacher guidance notes shall be made available.

In accordance with procedures developed by the administration pursuant to statute, those individuals indicated above are entitled to an opportunity for a hearing to challenge the content of student records, to ensure that they are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students and to provide an opportunity for the correction or deletion of inappropriate data contained therein.

Student records, and any material contained therein which is personally identifiable, are confidential and may not be released or made available to persons other than parents, guardians or students and school officials with a legitimate educational interest. Procedures for obtaining consent for release of records to third parties shall be developed by the administration.

The Board directs that administrative regulations and procedures be formulated to comply with the provisions of Federal Law relating to the availability of student records including records of students with disabilities. The purpose of such regulations and procedures shall be to make available to the parents/legal guardians of students and non-custodial parents(s) whose rights are not limited by court order or formal agreement, or students eighteen (18) or older, or attending an institution of post secondary education, student records, and files on students, and to ensure the confidentiality of such records with respect to third parties. The Board of Education will designate an individual as the Records Access Officer of the School District.

Family Educational Rights and Privacy Act
of 1974, 20 United States Code (U.S.C.)
Section 1232(g)
8 New York Code of Rules and Regulations
(NYCRR) Section 200.2(b)(6)

7300 Student Conduct

7310 Student Behavior
Adoption Date: 12/10/1998, Revised: ; Non Substantive: 4/29/13

In order to maintain an atmosphere in the Canandaigua City Schools that is conducive to the educational process, all people involved with the school system are required to demonstrate respect for other persons and their property. When a person’s rights are violated, disciplinary procedures become necessary. The ultimate aim of discipline must always be to teach and encourage self-discipline.

To protect the rights of individuals and foster self-discipline, it is necessary that there be established regulations governing behavior. Such regulations shall be based on the District's Code of Conduct and character goals of respect, responsibility, honesty, caring, and healthful lifestyles. To be effective, all behavior regulations must be clearly understood and consistently enforced. Positive behavior is a responsibility of the total school system: parents/legal guardians, student, staff members, teachers, administrators, Superintendent of Schools, and the Board of Education.

All persons are expected to foster self-discipline and be responsible for the communication and interpersonal relations that are essential for the positive direction of behavior.

7315 Bullying: Peer Abuse in the Schools
Adoption Date: 3/11/2004

The Board of Education is committed to providing a safe and productive learning environment within its schools. Bullying of a student by another student is inappropriate and can be considered harassment. Such harassment is strictly prohibited on school property, in school buildings, on school buses, and at school sponsored events and/or activities whether occurring on or off campus.

For purposes of this policy, the term "bullying" among children is defined, in general, as: "a variety of negative acts carried out repeatedly over time. It involves a real or perceived imbalance of power, with a more powerful child or group attacking those who are less powerful." Bullying can take three forms:

a) Physical (including, but not limited to, hitting, kicking, spitting, pushing, taking personal belongings);

b) Verbal (including, but not limited to, taunting, malicious teasing, name calling, making threats); and

c) Psychological (including, but not limited to, spreading rumors; manipulating social relationships; or engaging in social exclusion, extortion, or intimidation).

Physical and verbal bullying in all instances are violations of the School Code of Conduct and shall be dealt with immediately with appropriate discipline. Persistent psychological bullying can easily become harassment and as such may be considered for disciplinary action. As part of the District Character Education Plan, the District will systematically educate children to the inappropriateness and harm associated with psychological bullying.

The District is committed to character education and as such is committed to a proactive program in which students will be taught appropriate social skills. Furthermore, they will be educated to the hurtful, lasting affects of psychological bullying.

As part of the District’s commitment to stop all forms of bullying, any kind of “hazing” for any school activities is strictly prohibited. Furthermore, the use of the District computer network to engage in inappropriate social conduct which may be considered harassment and/or bullying is also strictly prohibited as per the District’s appropriate-use policy.

It is important to note that a single negative act as enumerated above may also constitute "bullying" (if not more serious misconduct) based upon the particular circumstances such as the seriousness of the act and/or the intent of the actor.

Students are encouraged to immediately report any act of bullying to a staff member. The building administration shall investigate any such complaint and take appropriate action. Such action may include disciplinary action and/or referral to school counselors.

The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of bullying. Follow-up inquiries and/or appropriate monitoring of the alleged bully and victim shall be made to ensure that bullying behavior has not resumed and that all those involved in the investigation of allegations of bullying have not suffered retaliation.

Personnel at all levels are responsible for taking corrective action to prevent bullying behavior of which they have been made aware at School District sites or activities and/or reporting such behavior to their immediate supervisor.

Prevention and intervention techniques within the District to prevent bullying behavior and to support and protect victims shall include building-level and classroom-level strategies and activities as determined by administration. Individual intervention will be provided by appropriate staff members to bullies, victims and their parents to help ensure that the bullying stops.

7316 Hazing
Adoption Date: 4/22/2004, Revised: 5/23/2013

The Board of Education is committed to providing a safe and productive learning environment within its schools. Hazing is defined as any activity which in any way degrades a student as a prerequisite to joining any official or unofficial student group. For example, a freshman joining an athletic team or music group might be pressured by older team members to fulfill certain inappropriate requirements not associated with the activity.

Hazing is degrading, inappropriate, and strictly prohibited in any form. All acts of hazing shall be considered harassment and shall be immediately investigated. Any individual who fosters, encourages or participates in any act of hazing shall be subject to appropriate discipline.

7320 Student Discipline
Adoption Date: 12/10/1998, Revised: 5/23/2013; Non-Substantive Revision 6/19/06

The Student Bill of Rights and Responsibilities, below, shall be publicized and explained to all students annually. The administration shall develop a discipline code for student behavior which also shall be publicized to all students and provided in writing to parents/guardians annually. This code will outline prohibited student conduct and the range of penalties which will be imposed on students for violation of such rules and regulations. Building Principals will continue to have the authority to suspend students for up to five (5) days.

The Board directs the administration to use appropriate school personnel and other resources separately or in combination in identifying and resolving discipline problems. The following is a list of people and resources that would be appropriate:

a)People Involved
1)Student
2)Parents/Guardians
3)Principal, Pupil Personnel Service Group, including Guidance Counselor
4)Superintendent
5)Board of Education

b)School Resources
1) Psychological evaluation
2)Psychiatric consultation
3)Designated period of counseling with counselor and/or social working and/or psychologist
4)Alternate instruction, tutor in or out of school

c)Community Resources
1)Counseling from community agency
2)Voluntary intake at Probation in Ontario County
3)Formal PINS petition at Ontario County Family Court

Students with Disabilities

If suspension in excess of ten (10) cumulative days in contemplated for the behavior of a student with a disability, or disciplinary action is contemplated against a student with a disability as a result of a student’s possession of a weapon or drugs, the Committee on Special Education (CSE) shall, to the extent required by current applicable federal and state law, conduct a review of the relationship between the child’s disability and the behavior subject to the disciplinary action. If it is determined, as a result of this review, that the student’s behavior is not a manifestation of his/her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to students without disabilities, subject to the parent's right to request a hearing objecting to the manifestation determination and the District's obligation to provide a full, appropriate public education to such student.

If it is determined that the student’s behavior is a manifestation of his/her disability, the student may not be suspended for more than ten (10) cumulative days unless in accordance with law, the District obtains a court order, or the parents and the District otherwise agree. The student shall be referred to the CSE for program modification.

Statement of Student Responsibilities

The Board of Education seeks to develop respect, responsibility, honesty, caring and healthful lifestyles in all students.

Each student has the responsibility to respect the rights of all persons involved in the educational process and to become familiar with and to adhere to the rules, regulations and procedures of the school. It is impossible to list all student responsibilities, but it must be emphasized that lack of responsibility means the weakening of rights.

Correspondingly, it is impossible to list all of the rights of students. Therefore, the following rights shall not be construed to deny or limit others retained by students on their own campus in their capacity as members of the student body or as citizens.

Student Bill of Rights and Responsibilities

a) The rights and limits of students respecting freedom of speech, press and assembly shall be in accord with the First Amendment of the United States Constitution. Students have the right to free speech. However, that constitutional guarantee does not include the license to interfere with the orderly conduct of classes, to coerce others to participate in a particular mode of expression, or to violate the rights of those who disagree with a given point of view. Distribution of literature is a form of free speech and school authorities may regulate the time, manner, place and duration for distributing literature and use of speakers on school grounds only to the extent necessary to avoid materials and substantial interference with the requirements of appropriate discipline in the operation of the school and in accordance with School Board policy.

b) At the Midde School and Academy, there shall be established an elective representative student government with offices open to all eligible students. All students should be allowed to vote. This government shall be elected annually on the basis prescribed by the school constitution.

c)Students shall have the right to know the criterion used for determining academic grades.

d)As outlined in the Rules of the Board of Regents, students shall not be subject to corporal punishment.

e)A student shall be free to determine his/her dress and grooming as he/she sees fit, as long as his/her appearance does not endanger physical health or safety or be so distractive as to interfere with the learning process and is in compliance with the building dress code.

f)Students shall have the right to an education that is free from disruption.

g)Students shall have the right to counsel and due process procedures in all matters pertaining to the administration of the Student Code of Conduct.

h)No rule or regulation shall be established which diminishes the right to any student as set forth in the Student Bill of Rights and Responsibilities.

Disciplinary Review

Upon appeal, all disciplinary actions will be subject to review by the Board of Education.

The administration shall develop guidelines and programs for in-service education programs for all District staff members to ensure effective implementation of school policy on school conduct and discipline.

Privacy Rights

As part of any investigation, the District has the right to search all school property and equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc., are provided by the District for the use of staff and students, but the users do not have exclusive use of these locations or equipment and should not expect that materials stored therein will be private.

8 New York Code of Rights and Regulations
(NYCRR) Section 100.2(1)
Education Law Sections 2801 and 3214

7320.5 Students Presumed to Have a Disability for Discipline Purposes
Adoption Date: 11/17/2005

The parent of a student who has violated any rule or code of conduct of the School District and who was not identified as a student with a disability at the time of such behavior may assert several protections provided for under the Individuals with Disabilities Education Act (IDEA) and State regulations if the School District is deemed to have had knowledge (as determined in accordance with law and/or regulations and referenced below) that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

Basis of Knowledge

The School District shall be deemed to have knowledge that the student had a disability if prior to the time the behavior occurred:

a) The parent of the student has expressed concern in writing to supervisory or administrative personnel, or to a teacher of the student, that the student is in need of special education and related services. However, expressions of concern may be oral if the parent does not know how to write or has a disability that prevents a written statement;

b) The parent of the student has requested an evaluation of the student; or

c) A teacher of the student, or other District personnel, has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the Director of Special Education or to other supervisory personnel in accordance with the District's established child find or special education referral system.

Exception

A student is not a student presumed to have a disability for discipline purposes if, as a result of receiving the information specified above (i.e., subheading "Basis of Knowledge"):

a) The parent of the student has not allowed an evaluation of the student pursuant to law and/or regulations;

b) The parent of the student has refused services under law and/or regulations;

or

c) The student has been evaluated and it was determined that the student is not a student with a disability.

Responsibility for Determining Whether a Student is a Student Presumed to Have a Disability

If it is claimed by the parent of the student or by School District personnel that the District had a basis for knowledge, in accordance with law and/or regulation, that the student was a student with a disability prior to the time the behavior subject to disciplinary action occurred, it shall be the responsibility of the Superintendent of Schools, Building Principal or other school official imposing the suspension or removal to determine whether the student is a student presumed to have a disability.

Conditions That Apply if There is No Basis of Knowledge

If it is determined that there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other nondisabled student who engaged in comparable behaviors.

However, if a request for an individual evaluation is made during the time period in which such nondisabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted in accordance with law and/or regulations. Pending the results of the evaluation, the student shall remain in the educational placement determined by school authorities.

If the student is determined to be a student with a disability, taking into consideration information from the evaluation and information provided by the parents, the District shall provide special education and related services in accordance with law and/or regulations.

Individuals with Disabilities Education Improvement Act
of 2004 [Public Law 108-446, Section 615(k)(5)]
Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
8 New York Code of Rules and Regulations
(NYCRR) Section 201.5

7321 Loss or Destruction of District Property or Resources and Restitution
Adoption Date: 12/10/1998, Revised: 11/18/1999; 03/08/07

The District is authorized to seek restitution for the loss or destruction of District property or resources, as described in law, from the parent or guardian of an unemancipated student where such student:

a)Has willfully, maliciously, or unlawfully damaged, defaced or destroyed real or personal property in the care, custody and/or ownership of the District; or

b)Has knowingly entered or remained in a District building, and wrongfully taken, obtained or withheld personal property owned or maintained by the District.

False Reporting of an Incident and/or Placing a False Bomb

A School District is also authorized to seek restitution, as described in law, from a parent or guardian of an unemancipated student where such student:

a) Has falsely reported an incident; or

b) Has placed a false bomb as defined in the New York State Penal Law.

Damages for falsely reporting an incident or placing a false bomb shall mean the funds reasonably expended by the School District in responding to such false report of an incident or false bomb, less the amount of any funds which have been or will be recovered from any other source as enumerated in law.

In seeking restitution, the School District shall file with the court, district attorney and defense counsel an affidavit stating that the funds reasonably expended for which restitution is being sought have not been and will not be recovered from any other source or in any other civil or criminal proceeding, except as provided for pursuant to General Obligations Law Section 3-112.

General Obligations Law Section 3-112
Penal Law Section 60.27

7322 Student Discipline - Transfer Students
Adoption Date: 12/10/1998

From time to time children enter the School District after leaving another school district under a disciplinary penalty. In some cases, a student may be in the midst of a long-term suspension and desire to negate the impact of that suspension by changing districts. It shall be the policy of the Canandaigua City School District to consider unfulfilled disciplinary measure imposed on resident students by previous school districts. The school shall reconsider the charges and discipline imposed by the previous district, taking care to safeguard the student’s due process rights. The Superintendent shall impose appropriate discipline up to that remaining from the previous school district.

7330 Alcohol, Tobacco, Drugs and Other Substances (Students)
Adoption Date: 12/10/1998, Revised: 12/12/2002; Non-Substantive Revision 5/15/03; Revised: 5/23/13

The Board of Education recognizes that the misuse of drugs, alcohol and/or tobacco is a serious problem with legal, physical, emotional and social implications for the entire community. Therefore, the consumption, sharing and/or selling, use and/or possession of alcoholic beverages, tobacco products, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited at any school-sponsored event or on school property at all times. The inappropriate use of prescription and over-the-counter drugs or any substance used to achieve such effects shall also be disallowed. Persons shall be banned from entering school grounds or school-sponsored events when exhibiting behavioral conduct, personal or physical characteristics indicative of having used or consumed alcohol or other substances.

Through the collaborative efforts of staff, students, parents/legal guardians and the community as a whole, a comprehensive program shall be developed addressing alcohol, tobacco, drugs, and other substances to include the following elements:

Primary Prevention

Preventing or delaying alcohol and other substance use/abuse by students shall be the major focus of a comprehensive K-12 program in which proactive measures of prevention and early intervention are emphasized. This program shall include:

a) A sequential K-12 curriculum that will be developed and incorporated into the total educational process. This curriculum shall be concerned with education and prevention in all areas of alcohol, tobacco, drugs, and other substances use/abuse;

b) Training school personnel and parents/legal guardians to reinforce the components of the policy through in-service and community education programs with up-to-date factual information and materials;

c) An effort to provide positive alternatives to alcohol, tobacco, drugs, and other substance use/abuse through the promotion of drug/alcohol-free special events, service projects and extracurricular activities that will develop a positive peer influence.

Intervention

School-based intervention services shall be made available to all students, grades K-12, and provided by prevention professionals who are appropriately trained in this area. The purpose of intervention is to eliminate any existing use/abuse of alcohol, tobacco, drugs, and other substances and to identify students considered to be at risk for use/abuse. Intervention programming shall include:

a) Assessment, identification and counseling of students in groups and as individuals on alcohol and other substance use/abuse. Counselors shall be appropriately trained and skilled school staff assigned for this purpose.

b) Referring students to community or other outside agencies when their use/abuse of alcohol, tobacco, drugs, and other substances requires additional counseling or treatment. Referral is a key link in school and community efforts and the process is basic to the dissemination of information regarding available counseling and health services;

c) Providing a supportive school environment designed to continue the recovery process for students returning from treatment. A re-entry program may include continuing student and/or family counseling and emphasizing positive alternatives to alcohol, tobacco, drugs, and other substance use/abuse.

d) Developing a parent network to serve as a support group and provide a vehicle of communication for parent education;

e) Ensuring confidentiality as required by state and federal law.

Disciplinary Measures

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

In all cases in which a student is charged with use, distribution or possession of an illicit drug on school grounds or at a school event, the student shall be suspended from regular instruction for a period of five (5) days and the principal of that student’s school shall refer the student to the Superintendent of Schools for consideration of suspension in excess of five (5) days.

Searches

In recognition of the Canandaigua City School District commitment to the health and safety of students and staff, the administration is authorized to cooperate with local police agencies in utilizing police canine units which are trained to detect illegal drugs. The building principal is designated as the contact person and has authorization to determine that the use of the police canine unit is necessary. Any such generalized search will be in conformity with appropriate administrative regulations.

Staff Development

There shall be ongoing training of District staff about the components of an effective alcohol, tobacco, drugs, and other substances program. Training shall include, but not be limited to, District policies and regulations and the staff’s role in implementing such policies and regulations. Teachers shall be trained to implement the District’s K-12 alcohol, tobacco, drugs, and other substance prevention curricula; intervention staff shall be suitably trained to carry out appropriate services.

Implementation, Dissemination and Monitoring

It shall be the responsibility of the Superintendent to implement the alcohol, tobacco, drugs, and other substances Board policy by collaboration with school personnel, students, parents/legal guardians and the community at large.

Additionally, copies of Board policy shall be disseminated to District staff, parents/legal guardians and community members. The Superintendent/designee shall periodically review the policy and suggest appropriate modifications, as needed.

Safe & Drug-Free Schools and Communities Act
20 United States Code (U.S.C.) Section 7101 et seq.

7340 Law Enforcement Officials on School Premises
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 08/14/02

A cooperative effort shall be maintained between the school administration and law enforcement agencies. Law enforcement officials may be summoned in order to conduct an investigation of alleged criminal conduct on school premises, or during a school-sponsored activity, or to maintain the educational environment. They may also be summoned for the purpose of maintaining or restoring order when the presence of such officers is necessary to prevent injury to persons or property.

Law enforcement officials may interview any students who may have witnessed or have knowledge of alleged criminal activity on school premises. Such interviews shall be conducted in the presence of a school administrator who shall have the authority to terminate the questioning if it becomes appropriate to do so.

If at any point a student becomes the subject of an investigation which could result in criminal charges against the student, the student’s parents/guardians shall be called immediately and questioning shall cease until parent/guardian permission to continue such questioning is obtained. A school administrator shall be present for such questioning as an observer.

Law enforcement officials shall not be granted access to students for any questioning regarding alleged criminal activity which takes place off school premises and unrelated to school activities without the expressed permission of the student’s parent/guardian.

The school will cooperate with police who place any individual under arrest and then remove that person from school premises. In such cases, school officials will immediately inform parents.

Administrators have the responsibility and the authority to determine when the assistance of law enforcement officers is necessary within their respective jurisdictions. The School District’s administrators shall at all times act in a manner which protects and guarantees the rights of students and parents/guardians.

The District will honor all warrants issued by a court of competent jurisdiction and court orders issued for the presence of students in court.

7341 Lockers
Adoption Date: 12/10/1998, Revised: 5/23/2013

Lockers are provided by the school for student use and the administration has the right to search lockers.

7350 Bus Rules and Regulations
Adoption Date: 12/10/1998, Revised: 4/27/2006

The Canandaigua City School District furnishes transportation to those students whose disability or distance from the school make the service essential. Students riding school buses are expected to conform to the rules of conduct in order to permit the bus driver to transport his/her passengers safely. The right of students to ride the buses may be withdrawn if students do not comply with District rules and regulations for appropriate school bus conduct.

Bus drivers shall be held responsible for reasonable and acceptable behavior of students while riding the school bus. Students riding school buses are expected to conform to the rules of conduct in order to permit the bus driver to transport his/her passengers safely.

The Board of Education, the Superintendent and/or his/her designee has the authority to suspend the transportation privileges of children who are disorderly and insubordinate on buses. Generally, parent(s)/guardian(s) will be required to make alternative transportation arrangements for their children who have been suspended from riding the bus. However, the effect of a suspension from transportation on the student's ability to attend school will be considered. If a suspension from transportation effectively results in a suspension from attendance because of the distance between the home and the school and the absence of alternative public or private means of transportation, the District shall make appropriate arrangements to provide for the student's education.

If a student with a disability who receives transportation as a related service as part of his/her Individualized Education Program is being considered for suspension from transportation, and that suspension would effectively result in a change in placement, the student shall be referred to the Committee on Special Education.

The Board directs the administration to establish rules and regulations for student conduct on buses, including applicable due process rights to be afforded students suspended from transportation privileges. These rules and regulations shall be promulgated to all concerned, including the non-public schools to which students are transported.

8 New York Code of Rules and Regulations
(NYCRR) Section 156
20 United States Code (U.S.C.)
Sections 1400-1485, Individuals With Disabilities
Education Act (IDEA)

7360 Corporal Punishment/Use of Physical Force
Adoption Date: 12/10/1998, Revised: 5/23/2013

Corporal punishment is defined as any act of physical force used to discipline or punish a student. Corporal punishment shall not be used against a student by any teachers, administrator, officer, employee or agent of this School District.

However, if alternative procedures and methods eliminating the use of physical force and any of the following conditions occur, then the use of reasonable physical force is not prohibited:

a)To protect oneself from physical injury;

b) To protect another student or teacher or any other person from physical injury;

c) To protect the property of the school or others;

d)To restrain or remove a student whose behavior is interfering with the orderly performance of School District functions, if that student has refused to comply with a request to refrain from further disruptive acts.

Whenever a school employee uses physical force against a student, the school employee shall, within the same school day, make a report to his/her supervisor describing in detail the circumstances and the nature of the action taken.

The Superintendent of Schools shall insure that the District remain in reporting compliance with the Commissioner of Education, and shall notify the Board of Education of any incidents of corporal punishment in a timely fashion.

Education Law Sections 3028, 3811
Penal law 35.10
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.5 and 100.2(1)

7370 Suspension of Students
Adoption Date: 12/10/1998, Revised: 2/10/2000; 6/14/01, Non-Substantive Revision 11/19/03, 4/29/13 Revised 02/02/06

The principal and/or the Superintendent may suspend the following students from school:

a)A student who is insubordinate or disorderly; or

b)A student who is violent or disruptive; or

c)A student whose conduct otherwise endangers the safety, morals, health or welfare of others.

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.

Suspension

Five Days or Less

The Superintendent and/or the principal of the school where the student attends shall have the power to suspend a student for a period not to exceed five (5) school days. In the absence of a principal, the designated “Acting Principal” may then suspend a student for a period of five (5) school days or less.

When the Superintendent or the principal (the “suspending authority”) proposes to suspend a student for five (5) school days or less, the suspending authority shall provide the student with notice of the charged misconduct. If the student denies the misconduct, the suspending authority shall provide an explanation of the basis for the suspension.

When suspension of a student for a period of five (5) school days or less is proposed, administration shall also immediately notify the parent/person in parental relation in writing that the student may be suspended from school. The parent shall be contacted immediately by telephone regarding the suspension. This shall be followed by written notice. If positive telephone or personal contact is not made, written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within 24 hours of the decision to impose suspension at the last known address or addresses of the parent/person in parental relation.

The notice shall provide a description of the incident(s) for which suspension is proposed and shall inform the student and the parent/person in parental relation of their right to request an immediate informal conference with the principal in accordance with the provisions of Education Law, Section 3214(3)(b). Both the notice and informal conference shall be in the dominant language or mode of communication used by the parent/person in parental relation. At the informal conference, the student and/or parent/person in parental relation shall be authorized to present the student’s version of the event and to ask questions of the complaining witnesses.

The notice and an opportunity for informal conference shall take place prior to suspension of the student unless the student’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for an information conference shall take place as soon after the suspension as is reasonably practical.

Teachers shall immediately report or refer a violent student to the principal or Superintendent for a violation of the District’s Code of Conduct and a minimum suspension period.

More Than Five Days

In situations where the Superintendent determines that a suspension in excess of five (5) school days may be warranted, the student and parent/person in parental relation, upon reasonable notice, shall have had an opportunity for a fair hearing. At the hearing, the student shall have the right of representation by counsel, with the right to question witnesses against him/her, and the right to present witnesses and other evidence on his/her behalf.

Where the basis for the suspension is, in whole or in part, the possession on school grounds or school property by the student of an firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the weapons, instruments or appliances specified in Penal Law Section 165.01, the hearing officer or Superintendent shall not be barred from considering the admissibility of such weapon, instrument or appliance as evidence, notwithstanding a determination by a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon, instrument or appliance was the result of an unlawful search or seizure.

Minimum Periods of Suspension

Pursuant to law, Commissioner’s Regulations and the District’s Code of Conduct, minimum periods of suspension shall be provided for the following prohibited conduct, subject to the requirements of federal and state law and regulations:

a)Consistent with the federal Gun-Free Schools Act, any student who is determined to have brought a weapon to school or possessed a weapon on school premises shall be suspended for a period of not less than one calendar year. However, the Superintendent has the authority to modify this suspension requirements on a case-by-case basis.

b)A minimum suspension period for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher’s authority over the classroom, provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law. The definition of “repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority” shall be determined in accordance with the Regulations of the Commissioner.

c)A minimum suspension period for acts that would qualify the student to be defined as a violent student pursuant to Education Law Section 3214(2-a)(a), provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law.

Suspension of Students with Disabilities

Generally, should a student with a disability infringe upon the established rules of the schools, disciplinary action shall be in accordance with procedures set forth in the District’s School Conduct and in conjunction with applicable law and the determination of the Committee on Special Education (CSE).

For suspensions or removals up to ten (10) school days in a school year that do not constitute a disciplinary change in placement, students with disabilities must be provided with alternative instruction or services on the same basis as non-disabled students of the same age.

If suspension or removal from the current educational placement constitutes a disciplinary change in placement because it is for more than ten (10) consecutive school days or constitutes a pattern because the suspensions or removals cumulate to more than ten (10) school days in a school year, a manifestation determination must be made.

Manifestation Determination

A review of the relationship between the student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the disability must be made by a manifestation team immediately, if possible, but in no case later than ten (10) school days after a decision is made.

a)By the Superintendent to change the placement to an interim alternative educational setting (IAES);

b)By an Impartial Hearing Office (IHO) to place the student in an IAES; or

c)By the Board, District Superintendent, Superintendent or building principal to impose a suspension that constitutes a disciplinary change of placement.

The manifestation team shall include representatives of the District knowledgeable about the student and the interpretation of information about child behavior, the parent and relevant members of the CSE as determined by the parent and the District. The parent must receive written notice prior to the meeting to ensure that the parent has an opportunity to attend. This notice must include the purpose of the meeting, the names of those expected to attend and notice of the parent’s right to have relevant members of the CSE participate at the parent’s request.

The manifestation team shall review all relevant information in the student’s file including the student’s IEP, any teacher observations, and any relevant information provided by the parents to determine if: the conduct in question was caused by or had a direct and substantial relationship to the student’s disability; or the conduct in question was the direct result of the District’s failure to implement the IEP.

Finding of Manifestation

If it is determined, as a result of this review, that the student’s behavior is a manifestation of his/her disability, the CSE shall conduct a functional behavioral assessment and implement or modify a behavioral intervention plan. Unless the change in placement was due to behavior involving serious bodily injury, weapons, illegal drugs or controlled substances, the student must be returned to the placement from which the student was removed unless the parent and the District agree to a change of placement as part of the modification of the behavioral intervention plan.

No Finding of Manifestation

If it is determined that the student’s behavior is not a manifestation of his/her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to students without disabilities, subject to the right of the parent/person in parental relation to request a hearing objecting to the manifestation determination and the District’s obligation to provide a free, appropriate public education to such student.

Provision of Services Regardless of the Manifestation Determination

Regardless of the manifestation determination, for subsequent suspensions or removals for ten (10) consecutive school days or less that in the aggregate total more than ten (10) school days in a school year but do not constitute a disciplinary change of placement, and for suspensions or other disciplinary removals in excess of ten (10) school days in a school year which do constitute a disciplinary change in placement for behavior, the CSE shall determine the services to be provided to students with a disability necessary for them to continue to participate in the general education curriculum and progress toward meeting the goals set out in their IEP, and shall conduct or provide, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications that are designed to address the behavior violation so it does not recur.

Interim Alternative Educational Setting (IAES)

Students with disabilities who have been suspended or removed from their current placement for more than ten (10) school days may, as determined by the CSE, be placed in an IAES which is a temporary educational setting other than the student’s current placement at the time the behavior precipitating the IAES placement occurred.

Additionally, the District may seek an order from a hearing officer for a change in placement of a student with a disability to an appropriate setting for up to forty-five (45) days if the District establishes, in accordance with law, that such student is substantially likely to injure himself/herself or others.

There are three specific instances when a student with a disability may be placed in an IAES for up to forty-five (45) school days without regard to a manifestation determination:

a)Where the student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the District; or

b)Where a student knowingly possesses, uses, sells or solicits the sale of illegal drugs while at school, on school premises, or a school function under the jurisdiction of the District; or

c)Where a student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the District. Serious bodily harm has been defined in law to refer to one of the following:

1.Substantial risk of death;

2.Extreme physical pain; or

3. Protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a student with a disability who violates a code of student conduct.

In all cases, the student placed in an IAES shall:

a)Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress towards the goals set out in the student’s IEP, and

b)Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.

The period of suspension or removal may not exceed the amount of time a non-disabled student would be suspended for the same behavior.

Suspension From BOCES

The BOCES Principal may suspend School District students from BOCES classes for a period not to exceed five (5) 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. The program is used to keep each student current with his/her class work while attempting to reinforce acceptable behavior, attitudes and personal interaction.

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 School 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 his/her designee.

Exhaustion of Administrative Remedies

If a parent/person in parental relation wishes to appeal the decision of the Building Principal and/or Superintendent to suspend a student from school, regardless of the length of the student's suspension, the parent/person in parental relation must appeal to the Board of Education prior to commencing an appeal to the Commissioner of Education.

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

7371 Teacher Removal of Disruptive Students from the Classroom
Adoption Date: 11/8/2001

Disruptive Students

In accordance with Education Law, Commissioner’s Regulations and the District’s Code of Conduct, teachers shall have the power and authority to remove disruptive students from their classrooms consistent with discipline measures contained in the Code of Conduct. The term “disruptive students,” as defined pursuant to law, shall refer to an elementary or secondary student under twenty-one (21) years of age who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.

Further, teachers shall abide by the provisions of the District’s Code of Conduct with regard to the utilization of alternative classroom management techniques and student intervention services, as may be applicable and appropriate to the specific circumstances, prior to removal of the student from the classroom. Additionally, teachers shall have the authority to remove disruptive students from the classroom for each incident for a period of time no greater than as enumerated in the Code of Conduct.

Teachers must inform the student and the school principal/designee of the reasons for the removal.

a)In most instances, the teacher shall, prior to removing the disruptive student from the classroom, provide the student with an explanation of the basis for the removal and allow the student to informally present the student’s version of relevant events.

b)If the teacher finds that the disruptive student’s continued presence in the classroom poses a continuing danger to persons or property or presents an ongoing threat of disruption to the academic process, the teacher shall provide the student with an explanation of the basis for the removal and an informal opportunity to be heard within twenty-four (24) hours of the student’s removal.

No disruptive student shall return to the classroom until the principal/designee makes a final determination regarding the discipline imposed by the teacher as outlined in administrative regulations and pursuant to the provisions enumerated in Education Law Section 3214(3-a) or the period of removal expires, whichever is less. The District will ensure the provision of continued educational programming and activities for students removed from the classroom by a teacher.

The principal/designee shall inform the parents/person in parental relation to such student of the removal and shall, upon request, provide the student and the parent/person in parental relation an opportunity for an information conference to discuss the reasons for the removal in accordance with the procedures enumerated in law. As applicable, the principal/designee shall render a determination regarding the discipline imposed by the teacher in accordance with the requirements mandated pursuant to law and/or regulation.

This policy, in accordance with statutory mandates, does not authorize removal of a student in violation of any state or federal law or regulation (e.g., IDEA, Section 504 of the Rehabilitation Act of 1973). It shall be the responsibility of the building principal/designee to ensure that teacher removal of students from the classroom complies with applicable laws and regulations.

Violent Students

Teachers are required to immediately report and refer a violent student, as defined pursuant to Education Law, to the principal or Superintendent for a violation of the District’s Code of Conduct and a minimum suspension period as determined by such Code, unless otherwise reduced by the suspending authority on a case-by- case basis to be consistent with any other state and federal law.

Education Law Sections 2801 and 3214
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(2) and Part 201
Individuals with Disabilities Education Act (IDEA),
20 United States Code (U.S.C.) Sections 1400-1485
34 Code of Federal Regulations (CFR) Part 300
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (U.S.C.) Section 794 et seq.

7372 Alternative Placement
Adoption Date: 12/10/1998

Alternative placement will be used as a lesser discipline to avoid an out-of-school suspension. Students shall be considered present for attendance purposes.

The program is used to keep each student current with his/her classwork while attempting to reinforce acceptable behavior, attitudes, and personal interaction. The program places positive emphasis on students’ functioning and learning to resolve their problems within school rules.

The program may be conducted either on site or at an alternative site.

7373 BOCES Activities
Adoption Date: 12/10/1998

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 Canandaigua City School System itself.

A student who is ineligible to attend a Canandaigua City District School on a given day is ineligible to attend BOCES classes.

7374 Support Rooms
Adoption Date: 12/10/1998

The Board of Education acknowledges that behavior management practices for students may sometimes include the use of support rooms. A support room is an area for a student to safely de-escalate, regain control and prepare to meet expectations to return to the educational program. Support rooms are to be used in conjunction with a therapeutic behavior management intervention in which a student is removed to a supervised area in order to facilitate self control or to remove a student from a potentially dangerous environment. A support room shall only be used in conjunction with a behavior management program which teaches and reinforces acceptable behaviors.

Use of the support room is only permitted when a child is identified in advance as potentially needing this service. Any time a student is assigned use of a support room, building administration shall be informed immediately. School administrators and staff will be provided in-service training on the policies and procedures related to the use of support rooms and related behavior management practices.

Specifications

A support room must include a means for continuous monitoring of the student, both visually and aurally. The room must be of an adequate size to allow the student to move about and recline comfortably. The ceiling height must be consistent with the ceiling height throughout the building. Wall and floor coverings should be designed to prevent injury. There should be adequate lighting and ventilation and the temperature of the room should be within the normal comfort range and consistent with the rest of the building. The room must be clean and free of objects and fixtures that could be potentially dangerous to a student and must meet all local fire and safety codes.

The support room must be unlocked and the door must be able to be opened at will from the inside at all times. To ensure a student’s safety, staff assigned to monitor the support room must be able to see and hear the student at all times. Individual determinations will be necessary to assess a student’s need for direct adult supervision in the support room.

Record Keeping

A log shall be maintained for each use of the support room to monitor the effectiveness of the de-escalation procedure to decrease specified behaviors. Pertinent information to consider includes, but is not limited to, the following: the student’s name; the factors precipitating the behavioral intervention; the times the student entered and exited the support room; the student’s behavior during and upon the exit of the support room; and the name(s) of the staff member(s) who initiates the support room placement, supervises the student during the de-escalation procedure, and removes the student from the support room.

Behavior Management Plan for Students with Disability

In any case in which a behavior management plan for a student with a disability includes the use of a support room, this must be specified in the student’s Individual Education Program (IEP). Data on the use of the support room by a student, as described in the physical and monitoring requirements noted above, must be included in the materials reviewed by the Committee on Special Education or the Committee on Preschool Special Education.

Time Limits

The amount of time a student will need to be in a support room will vary with the student’s age, individual needs and behavior management plan. Time limits for student placement in a support room range from a minimum of twenty (20) minutes to a maximum of one hundred eighty (180) minutes per day. To ensure that a support room is not being used to the detriment of a student’s educational program, staff will be assigned to monitor the amount of time that a student is in a support room.

Parent/Guardian Notification

Parents/legal guardians shall be informed by the building principal or his/her designee prior to the initiation of a behavioral intervention for their child which will incorporate the use of a support room. Upon request, parents/legal guardians will be shown the physical space that will be used for support. Each school shall provide parents/legal guardians with a copy of the District’s policy on the use of support rooms.

The Board of Education will review this policy periodically and amend it when appropriate.

7380 Weapons in School
Adoption Date: 12/10/1998

The possession of a weapon on school property is strictly prohibited, except by law enforcement personnel on active duty. Any person possessing a weapon for educational purposes in any school must have written authorization of the Superintendent of Schools or his/her designee.

Any time the school administration discovers that a student is in possession of a firearm on school property, law enforcement authorities will be called.

Additionally, possession of devices that are intended to look like weapons is strictly prohibited.

Weapons as defined in this policy include but are not limited to all such items listed in the Penal Code. For purposes of clarification, it should be noted that the Penal Code includes devices such as pellet guns, BB guns, dart guns, martial arts weapons, and homemade weapons.

The Board of Education encourages students, staff members and others to not bring any device on school grounds which could be considered a weapon. Students, staff members and members of the general public should consult members of the administration in case of any doubt.

Penal Law 265.01

7381 Gun-Free Schools
Adoption Date: 12/10/1998, Revised: 3/8/2007

No student shall bring onto school premises or have in his/her possession on school premises or bring to any setting that is under the control and supervision of the School District, any "firearm" as defined in federal law. For purposes of this policy, the term “firearm” includes any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; any firearm muffler or silencer; or any “destructive device” (e.g., any explosive, incendiary or poison gas, including bombs, grenades, rockets or other similar devices). Exceptions to this policy in connection with specific, defined educational purpose may be made by the Board of Education.

In accordance with the Gun-Free Schools Act of 1994 (GFSA) and Section 3214(3)(d) of the Education Law, any student who brings a firearm, as defined in federal law, onto school property, or has such a firearm in his/her possession on school premises, or brings such a firearm to any setting that is under the control or supervision of the School District, will be referred by the Superintendent to the appropriate agency or authority for a juvenile delinquency proceeding in accordance with Article 3 of the Family Court Act when the student is under the age of sixteen (16) and will be referred by the Superintendent to the appropriate law enforcement officials when the student is sixteen (16) years of age or older.

In addition, any student attending a District school who has been found guilty of bringing a firearm to school, after a hearing has been provided pursuant to Section 3214 of the Education Law, shall be suspended for a period of not less than one (1) calendar year and any student attending a non-district school who participates in a program operated by the School District using funds from the Elementary and Secondary Education Act of 1865 who is determined to have brought a firearm to a District school or other premises used by the School District to provide such programs shall be suspended for a period of not less that one (1) calendar year from participation in such program. The procedures of Education Law Section 3214(3) shall apply to such a suspension of a student attending a non-district school. Further, after the imposition of the one (1) year penalty has been determined, the Superintendent of Schools has the authority to modify this suspension requirement for each student on a case-by-case basis. In reviewing the student’s one (1) year suspension penalty, the Superintendent may modify the penalty based on factors as set for in Section 100.2 of the Regulations of the Commissioner of Education and in Commissioner’s Decisional Law. The determination of the Superintendent shall be subject to review by the Board of Education in accordance with Education Law Section 3214(3)(c) and by the Commissioner of Education in accordance with Education Law Section 310.

A student with a disability who is determined to have brought a firearm to school may be placed in an interim alternative educational setting, in accordance with federal and state law, for not more than forty-five (45) calendar days. If the parent or guardian requests an impartial hearing, the student must remain in the interim alternative placement until the completion of all proceedings, unless the parent or guardian and District can agree on a different placement.

A student with a disability may be given a long-term suspension pursuant to the GFSA only if a group of persons knowledgeable about the student, as defined in federal regulations implementing the IDEA, determines that the bringing of a firearm to school was not a manifestation of the student’s disability, subject to applicable procedural safeguards.

If it is determined that the student’s bringing of a firearm to school was a manifestation of the student’s disability, the Superintendent must exercise his/her authority under the Gun-Free Schools Act to modify the long-term suspension requirement, and determine that the student may not be given a long-term suspension for the behavior. The Committee on Special Education may review the student’s current educational placement and initiate change in placement proceedings, if appropriate, subject to applicable procedural safeguards.

The District may offer home instruction as an interim alternative educational setting during the pendency of review proceedings only if the student’s placement in a less restrictive alternative education setting is substantially likely to result in injury either to the student or to others.

The District may also seek a court order to immediately remove a student with a disability from school if the District believes that maintaining the student in the current educational placement is substantially likely to result in injury to the student or to others.

Students with disabilities continue to be entitled to all rights enumerated in the Individuals with Disabilities Education Act and Article 89 of the Education Law; and this policy shall not be deemed to authorize suspension of students with disabilities in violation of these laws.

This policy does not prohibit the District from utilizing other disciplinary measures including, but not limited to, out-of-school suspensions for a period of five (5) days or less, or in-school suspensions, in responding to other types of student misconduct which infringe upon the established rules of the school. Additionally, this policy does not diminish the authority of the Board of Education to offer courses in instruction in the safe use of firearms pursuant to Education Law Section 809.a.

The District will continue to provide the suspended student who is of compulsory attendance age with appropriate alternative instruction during the period of the student’s suspension.

Goals 2000: Educate America Act,
P.L. 103-227 (Gun-Free Schools Act of 1994)
18 United States Code (U.S.C.) Section 921
Education Law Sections 310, 809-a, 3214,
and Article 89
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2 and Part 200
20 United States Code (U.S.C.) Sections 1400-1485,
Individual with Disabilities Education Act (IDEA)
Family Court Act Article 3

7390 Student Use of Computerized Information Resources
Adoption Date: 12/10/1998

The Board of Education will provide access to various computerized information resources through the District’s Computer System (DCS) consisting of software, hardware, computer networks and electronic communications systems. This may include access to electronic mail, so-called “on-line services” and the “Internet.” It may include the opportunity for some students to have independent access to the DCS from their home or other remote locations. All use of the DCS, including independent use off school premises, shall be subject to this policy and accompanying regulations. Further, all such use must be in support of education and/or research and consistent with the goals and purposes of the School District.

One purpose of this policy is to provide notice to students and parents/legal guardians that, unlike most traditional instruction or library media materials, the DCS will allow student access to external computer networks not controlled by the School District where it is impossible for the District to screen or review all of the available materials. Some of the available materials may be deemed unsuitable by parents/legal guardians for student use or access. This policy is intended to establish general guidelines for acceptable student use. However, despite the existence of such District policy and accompanying guidelines and regulations, it will not be possible to completely prevent access to computerized information that is inappropriate for students. Furthermore, students may have the ability to access such information from their home or other locations off school premises. Parents/legal guardians of students must be willing to set and convey standards for appropriate and acceptable use to their children when using the DCS or any other electronic media or communications. The District respects the right of each family to decide whether or not to apply for independent computer access.

Student use of the DCS is conditioned upon written agreement by all students and their parents/legal guardians that student use of the DCS will conform to the requirements of this policy and any regulations adopted to ensure acceptable use of the DCS. All agreements shall be kept on file in the District Office.

Generally, the same standards of acceptable student conduct which apply to any school activity shall apply to the use of the DCS. This policy does not attempt to articulate all required and/or acceptable uses of the DCS; nor is it the intention of this policy to define all inappropriate usage. Administrative regulations will further define general guidelines of appropriate student conduct and use as well as proscribed behavior.

District students shall also adhere to the laws, policies and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, and student rights of privacy created by federal and state law.

Students who engage in unacceptable use may lose access to the DCS and may be subject to further discipline under the District’s school conduct and discipline policy and the Student Discipline Code of Conduct. The District reserves the right to pursue legal action against a student who willfully, maliciously or unlawfully damages or destroys property of the District. Further, the District may bring suit in civil court against the parents/legal guardians of any student who willfully, maliciously or unlawfully damages or destroys District property pursuant to General Obligations Law Section 3-112.

Student data files and other electronic storage areas will be treated like school lockers. This means that such areas shall be considered to be School District property subject to control and inspection. The computer coordinator may access all such files and communications to ensure system integrity and that users are complying with the requirements of this policy and accompanying regulations. Students should NOT expect that information stored on the DCS will be private.

The Superintendent or his/her designee is authorized to establish regulations as necessary to implement the terms of this policy.

7391 The Children's Internet Protection Act: Internet Content Filtering/Safety Policy
Adoption Date: 12/10/1998, Revised: 10/25/2001

In compliance with The Children's Internet Protection Act (CIPA) and Regulations of the Federal Communications Commission (FCC), the District has adopted and will enforce this Internet safety policy that ensures the use of technology protection measures (i.e., filtering or blocking of access to certain material on the Internet) on all District computers with Internet access. Such technology protection measures apply to Internet access by both adults and minors with regard to visual depictions that are obscene, child pornography, or, with respect to the use of computers by minors, considered harmful to such students. Further, appropriate monitoring of online activities of minors, as determined by the building/program supervisor, will also be enforced to ensure the safety of students when accessing the Internet.

Further, the Board of Education's decision to utilize technology protection measures and other safety procedures for staff and students when accessing the Internet fosters the educational mission of the schools including the selection of appropriate teaching/instructional materials and activities to enhance the schools' programs; and to help ensure the safety of personnel and students while online.

However, no filtering technology can guarantee that staff and students will be prevented from accessing all inappropriate locations. Proper safety procedures, as deemed appropriate by the applicable administrator/program supervisor, will be provided to ensure compliance with the CIPA.

In addition to the use of technology protection measures, the monitoring of online activities and access by minors to inappropriate matter on the Internet and World Wide Web may include, but shall not be limited to, the following guidelines:

a)Ensuring the presence of a teacher and/or other appropriate District personnel when students are accessing the Internet including, but not limited to, the supervision of minors when using electronic mail, chat rooms, and other forms of direct electronic communications. As determined by the appropriate building administrator, the use of e-mail and chat rooms may be blocked as deemed necessary to ensure the safety of such students;

b)Monitoring logs of access in order to keep track of the web sites visited by students as a measure to restrict access to materials harmful to minors.

c)The dissemination of the District's Acceptable Use Policy and accompanying Regulations to parents and students in order to provide notice of the school's requirements, expectations, and student's obligations when accessing the Internet. Parental and/or student consent, as may be applicable, shall be required prior to authorization for student use of District computers. In compliance with this Internet Safety Policy as well as the District's Acceptable Use Policy, unauthorized access (including so-called "hacking") and other unlawful activities by minors are prohibited by the District; and student violations of such policies may result in disciplinary action;

d)Appropriate supervision and notification to minors regarding the prohibition as to unauthorized disclosure, use and dissemination of personal information regarding such students; and

The determination of what is "inappropriate” for minors shall be determined by the District and/or designated school official(s). It is acknowledged that the determination of such "inappropriate" material may vary depending upon the circumstances of the situation and the age of the students involved in online research.

The terms "minor," "child pornography," "harmful to minors," "obscene," “technology protection measure,” “sexual act,” and “sexual contact” will be as defined in accordance with CIPA and other applicable laws/regulations as may be appropriate and implemented pursuant to the District's educational mission.

*Under certain specified circumstances, the blocking or filtering technology measure(s) may be disabled for adults engaged in bona fide research or other lawful purposes. The power to disable can only be exercised by an administrator, supervisor, or other person authorized by the School District.

The School District shall provide certification, pursuant to the requirements of CIPA, to document the District’s adoption and enforcement of its Internet Safety Policy, including the operation and enforcement of technology protection measures (i.e., blocking/filtering of access to certain material on the Internet) for all School District computers with Internet access.

The District has provided reasonable public notice and has held at least one public hearing or meeting to address the proposed Internet Content Filtering/Safety Policy prior to Board adoption. Furthermore, appropriate actions will be taken to ensure the ready availability to the public of the District's Internet Content Filtering/Safety Policy, as well as any other District policies relating to the use of technology.

47 United States Code (U.S.C.)
Section 254(h) and (l)
47 Code of Federal Regulations (C.F.R.) Part 54

7400 Student Activities

7410 Extracurricular Activities
Adoption Date: 12/10/1998, Revised: 12/9/2010

The Canandaigua Board of Education endorses and encourages the participation of students in extracurricular activities. The Board requires that students participating in such activities meet appropriate standards in citizenship and academic achievement. The administration of the District is charged with the responsibility of establishing and enforcing appropriate rules and regulations to govern student participation in such activities including academic and citizenship standards which students must maintain in order to remain eligible to participate. Such standards shall be approved by the Board of Education.

Advisor

All clubs, activities, and athletic teams shall be supervised by an advisor or coach appointed annually by the Board of Education.

Financial Controls

All clubs, activities and athletic teams shall be bound by strict conformity to District regulations regarding management of extracurricular funds.

The administration is charged with the responsibility for making rules, regulations and procedures for the conduct, operation, maintenance and closing of extra-classroom accounts, and for the safeguarding, accounting, and audit of all monies received and derived there from.

8 New York Code of Rules and Regulations
(NYCRR) Section 172.2
Education Law Section 207
Finance Pamphlet #2

7411 Home Schooling - Participation in Extracurricular Activities
Adoption Date: 12/10/1998, Revised: ; Non Substantive 9/16/13

Commissioner’s Regulation Section 135.4( c) (7)(ii)(b)(2) directs that a participant in interscholastic sports must be enrolled in the public school. Additionally, it is Board of Education policy to not allow participation in non-instructional, extracurricular activities for students in a home instructional setting.

8 New York Code of Rules and Regulations
(NYCRR) Sections 100.10 and 135.4( c)(7)(ii)(b)(2)

7412 Extracurricular Activities, Limited Open Forum
Adoption Date: 12/10/1998, Revised: ; Non Substantive 9/16/13

The Board of Education maintains a limited open forum where secondary students may meet for voluntary student-initiated activities unrelated directly to the instructional program, regardless of religious, political or philosophical content.

To provide a fair opportunity to students who wish to conduct a meeting, the Board of Education, in accordance with the provisions of the Equal Access Act, shall ensure that:

a)The meeting is voluntary and student-initiated;

b)There is no sponsorship of the meeting by the school, the government, or its agents or employees;

c)Employees or agents of the school or government are present at religious meetings only in a non-participatory capacity;

d)The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

e)Non-school persons may not direct, conduct, control, or regularly attend activities of student groups (20 U.S.C. Section 4071[c]).

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

The administration is responsible for establishing regulations governing the use of school facilities by student organizations.

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 (U.S.C.)
Sections 4071-4074

7413 Student Membership in the National Honor Society
Adoption Date: 3/8/2001, Revised: ; Non Substantive 9/16/13

Selection and membership in the National Honor Society is a privilege. Selection for membership in the National Honor Society is based on 1) outstanding scholarship which must meet or may exceed national guidelines, 2) leadership, 3) service, and 4) character. The National Honor Society is more than just an honor roll, and the extent to which the local chapter emphasizes these components of the selection process is carefully included in the selection process guidelines. Students do not apply for membership in NHS; instead, they provide information to be used by the Faculty Council, which shall serve as the Selection Committee, to support their candidacy for membership. The selection of each member of the chapter shall be by a majority vote of the Faculty Council. Once selected, members have the responsibility to continue to demonstrate the qualities on which their selection was based.

The process used for selection is public information. The process will be published in the student handbook and, in addition, shared at orientation programs for new students. Proper dissemination of information about the local chapter, particularly details concerning the selection process used at the school, will help prevent problems with students or parents who may wish to question the process. The procedure followed by the Faculty Council must be fair, non-discriminatory, consistently applied, and written for public dissemination.

The anonymous Faculty Council shall consist of five voting faculty members appointed annually by the Building Principal. Faculty Council members shall serve one-year terms, however, members may serve consecutive terms. The Principal shall annually appoint a member of the faculty as Chapter Advisor, who may serve consecutive terms. The Chapter Advisor shall be an ex-officio, non-voting, sixth member of the Faculty Council. An administrator, appointed by the Principal may act as a non-voting facilitator but shall not be a member of the Council or attend Council meetings in which specific students are discussed.

The Faculty Council shall meet at least once a year to review the procedures of the chapter, to select members and to consider issues related to non-selection, dismissal or other disciplinary actions. The School Improvement Planning Team will develop and revise, when necessary, all chapter procedures for selection, disciplining, and dismissal of members, all of which must remain in compliance with the national guidelines.

The principal shall reserve the right to approve all activities and decisions of the chapter, and he/she shall receive appeals in cases of non-selection of candidates, and the disciplining or dismissal of members. The National Council and the National Association of Secondary School Principals shall not consider appeals of the Faculty Council’s decision regarding selection of individual members to local chapters.

7414 Eligibility to Participate in Extracurricular Activities
Adoption Date: 6/14/2001

Participation in extracurricular activities is a privilege, not a right. That privilege is accorded to all students in good standing. Students not in good standing include those students who fail to qualify for participation on the basis of insufficient academic achievement, violation of the student code of conduct or poor attendance. Regulations will be developed that detail specific guidelines and procedures involved with determining academic eligibility including support for students who are not academically eligible to participate in extracurricular activities.

Principals are authorized to revoke privileges to participate in extracurricular activities. Coaches or advisers who wish to revoke such privileges shall do so in consultation with the building principal.

Students who are absent for at least fifty percent (50%) of any given school day are not eligible to participate in extracurricular activities for that day. Exceptions may be considered for unusual circumstances by the principal. A pattern of poor attendance constituting more than ten percent (10%) absence will be reviewed by the building principal and can result in revocation of extracurricular privileges. A student who is truant for any part of the school day may not participate in extracurricular activities that day.

Extracurricular activities are different from co-curricular activities. Co-curricular activities are part of the school program outside the normal school day such as participation in concerts for a credit-bearing music course.

7420 Prohibited Student Organizations
Adoption Date: 12/10/1998, Revised: ; Non Substantive 9/16/13

In its discretion, the Board of Education may adopt rules and regulations to abolish and prohibit any student organization including gangs or any secret society in any school under its jurisdiction. Prior to the adoption and promulgation of such rules and regulations, the Board must find that the student organization has by virtue of its activities caused or created a disruption of or interference with the academic processes of any school or individual student.

The Board shall have the authority to prohibit dress, apparel, activities, acts, behavior or manner of grooming which is reflective of membership in a prohibited organization in accordance with the Code of Conduct.

Cross Reference: Code of Conduct

7430 Student Spectators Using School District Buses
Adoption Date: 12/10/1998

The School District buses may be used to transport student spectators to away school approved activities and events.

The buses will be provided only to students of Canandaigua. It will be the responsibility of the school’s administration to provide appropriate supervision.

7440 Musical Instruments
Adoption Date: 12/10/1998, Revised: 10/3/2013

a)Generally, instrumental music students shall be expected to own or rent their instrument.

b)Students will not be required to own or rent the less common and more expensive instruments. Examples of instruments in this category are as follows: oboe, bassoon, tuba, baritone horn, tenor and baritone saxophones, bass trombone and percussion instruments. School-owned instruments in this classification will be disbursed upon decisions 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.

c)Students and parents/legal guardians will assume responsibility for proper care of school-owned instruments and will pay for damages to same. A written agreement will be signed at the beginning of each school year that details the cost of replacing the instrument or paying for any damages.

d)The District will only transport, on its vehicles, those instruments whose size conforms with all existing laws regulating District transportation.

7450 Standards of Student-Sponsored Speech, Publications, Productions and Activities
Adoption Date: 12/10/1998

The Board of Education encourages free student speech orally as well as in student publications and productions. In any such activity, the Board has the responsibility to require reasonable standards regarding style, content and quality. These standards include use of standard written and spoken English, appropriate language, consistency with law as well as school policies and procedures, and reasonable expectations for privacy.

The Building Principal shall be delegated to review student speech, publications, productions and activities to conform with this policy.

7460 Interscholastic Athletics
Adoption Date: 12/10/1998, Revised: 10/3/2013

The Canandaigua Board of Education endorses and encourages the participation of students in interscholastic athletic activities. Therefore, a Board sports program with equal access for both sexes, with emphasis on maximum participation, through interscholastic and intramural activity, should be provided.

The competitive aspect of interscholastic athletics shall not be introduced until grade seven (7) at the “modified” level and then gradually increased through the varsity level in high school. Even then, winning shall not be the first priority of our athletic teams. Character development, physical development, and participation are the fundamental goals of the interscholastic athletic program.

Controls

The Canandaigua Board of Education subscribes to the rules and regulations for the control of interscholastic athletics as established by the New York State Public High School Athletic Association. The Board further requires that the administration establish academic and character standards which students must maintain in order to remain eligible to participate in interscholastic athletics.

7461 Athletic and Co-Curricular Intersectional/Interstate Competition
Adoption Date: 12/10/1998, Revised: 10/3/2013

The Board of Education supports the participation of students in appropriate athletic and co-curricular competition and endorses the participation of athletic and co-curricular teams or individuals, when qualified, in intersectional and/or statewide competition. The School District will provide financial support as possible for reasonable expenses incurred in participation in such competition.

Any intersectional and/or statewide participation must be organized in strict conformity with the administrative regulations designed to regulate such District participation.

7462 Mixed Competition in Interscholastic Athletics
Adoption Date: 12/10/1998, Revised: ; Non Substantive 9/16/13

Mixed gender competition is defined as participation by both boys and girls in an interscholastic sport established or traditionally reserved for a single gender. Mixed gender competition shall only be allowed in cases in which the District does not offer the same or similar sport exclusively for the gender of the student requesting mixed gender participation, or when there is a conflict in the sport’s seasonal participation on schedule for such a student.

Students requesting participation in mixed gender competition shall have their parents or legal guardians make a formal written request to the Principal of the school the student attends and to the Director of Physical Education at least fifteen (15) days prior to the first practice in the sport for which the parent/guardian are making the request.

A review panel consisting of the school physician and the Director of Physical Education will determine the appropriateness of the student’s participation in mixed competition. If the parents or legal guardians of the student request, a physician of their choice may also participate on the review panel. Written notification of the family physician’s intent to serve on the panel must be provided to the Director of Physical Education at least five (5) days prior to the meeting.

Criteria for determining the fitness of a student for participation in mixed competition will include but not be limited to:

a)The nature of the sport (contact, non-contact).

b)The student’s fitness as determined by the New York State Physical Fitness Screening test and the Selection/Classification program.

c)Evaluation of the student’s size and strength in relation to the size and strength of typical participants of the specific sport.

The panel will make its determination by majority vote of its members and in accordance with standards and criteria issued by the New York State Education Department.

7463 Student Athletic Injuries
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 01/15/2003; 9/16/13

No student should be allowed to practice or play in an athletic contest if he/she is suffering from an injury. The diagnosis of and prescription of treatment for injuries is strictly a medical matter and should under no circumstances be considered a 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 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 he/she is in adequate physical condition.

The student's physician’s approval shall be required before an athlete is permitted to return to practice or competition. If necessary, the school's physician may be asked for an opinion.

7464 Interscholastic Athletics: Practice Sessions
Adoption Date: 9/23/1999

The Board of Education of the Canandaigua City School District has established a program in interscholastic athletics to promote a broad educational experience for our students. Coaches, parents and athletes should work together to ensure that there is a balance between school and family responsibilities.

Practice sessions are necessary in the development of any athlete or team of athletes. The rules of the NYSPHSAA require that practice sessions be vigorous and of a reasonable length of time. Total practice time, including optional additional workouts on school days, generally shall not exceed three (3) hours. No team or athlete can practice or play games on more than six (6) consecutive days. All athletes and teams must meet the standards for practice as set forth by the NYSPHSAA prior to participation in any contest.

All practices are to be supervised by a certified member of the coaching staff. No practice is to actively begin or continue without the physical presence of a certified coach. Typical practice sessions are to be conducted during the week after school hours and on Saturdays. Practice sessions on Sundays are discouraged. It is recognized that there may be an occasional need to practice on a Sunday prior to a Sectional or League contest to be played on a Monday or Tuesday. Any such practices are to be the exception and not the rule and require the prior approval of the Athletic Director. Morning practices on school days are generally prohibited. The practice of conducting double-session practices when school is in session is also prohibited.

Any coach requiring an exception to any aspect of this policy must seek the prior approval of the Athletic Director.

7465 Assignment to Athletic Teams
Adoption Date: 6/21/2001, Revised: ; Non Substantive 9/16/13

The Board of Education strongly supports assigning students to athletic teams commensurate with the age and grade level of the students. Assignment to athletic teams not commensurate with the age and grade level of the student should be an exception made only if the student’s skills are so advanced that assignment to a varsity level would be justified. Even then, the preferred assignment would be one level higher than grade level.

Selection/Classification of middle school students to high school level teams should be reserved for truly exceptional athletes who also meet the physical, emotional, and social criteria of the NYS Public High School Athletic Association Selection/Classification Program. Any decision to advance a student to a team not commensurate with the student's grade/age level requires the prior approval of the Director of Athletics.

The Superintendent shall develop regulations to implement this policy.

7466 Athletic Trainers
Adoption Date: 12/11/2003, Revised: ; Non Substantive 9/16/13

Every individual serving as an athletic trainer in the School District shall possess a valid license as a Certified Athletic Trainer from the State of New York issued pursuant to Education Law Article 162. In addition, candidates must have successfully completed training in the operation and use of an automated external defibrillator (AED) pursuant to Public Health Law Section 3000-b(3)(a).

The practice of the profession of athletic training shall be as defined in, and consistent with, Education Law. The services provided by an athletic trainer shall include, but not be limited to, the following:

a)Prevention of athletic injuries, including assessment of an athlete’s physical readiness to participate;

b)Reconditioning to minimize the risk of re-injury and to return the athlete to activity as soon as possible, excluding the reconditioning of neurological injuries, conditions or disease;

c)Health care administration, including medical record keeping, documentation and reporting of injuries, assist in the development of policies and procedures, budgeting and referral of injured athletes to appropriate authorized health care professionals when indicated;

d)Education and counseling of coaches, parents, student athletic trainers, and athletes;

e)Implement Commissioner’s Regulations as enumerated in the areas of:
  • Risk management and injury prevention
  • Management of athletic injury and physical conditions
  • Treatment and reconditioning of athletic injuries
  • Organization and administration
  • Other professional development and responsibilities

Education Law Article 162
Public Health Law Section 3000-b(3)(a)
8 New York Code of Rules and Regulations
(NYCRR) Section 135.4(c)(7)(i)(d)

7470 Fund Raising by Students
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 01/15/03, Revised 08/30/07, Revised 11/6/08, Revised 1/8/09

Fund raising programs in which students sell merchandise, provide services, or in other ways solicit money for school activities may be sponsored by school organizations (Board approved student clubs/organizations)with the express approval of the building principal. Any such plan shall have a clearly defined purpose and, in general, shall contribute to the educational experience of students and shall not conflict with instructional programs. The Board expects that all fund raising projects comply with District Policies and Regulations. Profits shall be used to enhance school programs by providing money for expenditures not normally funded by the District.Fund raising activities away from school property shall be held to a minimum.

The Board provides the following guidelines for student fund raising programs:

  • All aspects of fund raising programs must promote the District character traits of respect, responsibility, caring, honesty, and healthful lifestyles, and respect the District Wellness Policy;
  • All fund raising programs sponsored by school organizations are under the auspices of the School District. Use of facilities requires a properly approved Facilities and Equipment Use Form;
  • All fund raising programs including publicity and intended use of funds, shall be reviewed during the planning stage with the building principal and/or club adviser for appropriateness to the school program, and must be approved by the building principal;
  • Lotteries, raffles, or games of change, other than games that begin and end at the same event, are discouraged. The Board does not condone student participation in these activities.

For safety reasons, the Board does not condone door-to-door fund raising efforts or the use of student drivers for those efforts.

Fund raising by students during the school day shall not disrupt educational time.

The Superintendent will develop Regulations for this policy as needed.

7472 Solicitation of Charitable Donations from School Children
Adoption Date: 12/10/1998, Revised: 10/3/2013

Direct solicitation of charitable donations from children in the District schools on school property during regular school hours shall not be permitted. It will be a violation of District policy to ask District school children directly to contribute money or goods for the benefit of a charity during the hours in which District students are compelled to be on school premises.

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

a)Fund raising activities which take place off school premises or outside of regular school hours during before-school or after-school extracurricular periods;

b)Arms-length transactions, where the purchaser receives a consideration for his/her 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;

c)Pledges for certain services, for example, walk-a-thons or bowl-a-thons where the proceeds go to charity shall not be prohibited as long as some action on the part of the solicitor is required.

d)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, or goods or money.

Regulations shall be developed by the administration to implement this policy.

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

7480 Student Awards and Scholarships
Adoption Date: 12/10/1998, Revised: 12/9/2010; Non Substantive 9/16/13

Student gifts or scholarship awards are to adhere to the following:

Gifts or scholarship awards may be made only with the approval of the Principal. Donors of scholarship awards shall submit a written proposal to the Principal. This proposal should indicate:

a)Definition of purpose of award.

b)Criteria to be used for selection of recipient.

c)Method of selection – e.g. – individual committee, faculty, by application, etc.

d)Nature or amount of award and duration.

e)How and by what person or group the award will be financed.

Any scholarship awards presented at Commencement must first be approved by the Board of Education. Awards to be presented at some other appropriate occasion will be approved by the Principal. The following general guidelines are established to help determine which awards are most appropriately presented at Commencement:

a)The award should enhance the primary purpose of Commencement Exercises.

b)The award should be to a graduating senior.

c)It should be the intent that the award will be presented annually for a period of at least three (3) years. However, significant one (1) year awards may also qualify. In unusual circumstances, the Superintendent may approve a one (1) year award, if there is insufficient time to obtain Board approval.

Scholarship funds shall be administered by the Superintendent or his/her appointee, in accord with donor’s request or procedures established by a designated faculty and administration committee approved by the Board of Education.

Education Law, Section 1709 (12 and 12a)
Comptroller’s Opinion No. 62-367

7490 Supervision of Students on School Grounds
Adoption Date: 12/10/1998, Revised: 4/10/2014; Non-Substantive Revision 1/15/03

Students working on any school-sponsored activity on school grounds must be supervised by a staff member of the District or a Board approved volunteer. This applies to all activities, practices, and meetings.

a) All school personnel including approved volunteers and coaches will be fully responsible for the supervision of all students in either their class or their after-school activities. The coaches or designee will maintain supervision over the locker room by personally being present during the dressing periods.

b) Coaches are responsible for the supervision of their athletes at the end of practice. This may entail bus duty, or making sure students have transportation home.

c) Advisers sponsoring an activity are responsible for the supervision of the students attending. This entails staying with the student(s) until all have left school grounds.

7500 Student Welfare

7510 School Health Services
Adoption Date: 4/27/2006, Revised: ; Non Substantive 10/22/13

The District shall provide and maintain a continuous program of health services which includes, but is not limited to:

a)Providing medical examinations and/or screening, scoliosis screening, vision screening and audiometer tests, designed to determine the health status of the student;

b)Informing parents or other persons in parental relation to the student, pupils and teachers of the individual student's health condition subject to federal and state confidentiality laws. The District will provide this notice in writing if the District becomes aware that the student has defective sight or hearing or a physical disability, including sickle cell anemia, or other condition which may require professional attention with regard to health;

c)Where the exigencies warrant (where the parents/persons in parental relation are unable or unwilling to provide the necessary relief and treatment), providing relief in situations where the student would otherwise be deprived of the full benefit of education through inability to follow the instruction offered;

d)Guiding parents, students and teachers in procedures for preventing and correcting defects and diseases and for the general improvement of the health of students;

e)Instructing school personnel in procedures to take in case of accident or illness;

f)Maintaining a program of education to inform school personnel, parents, non-school health agencies, welfare agencies and the general public regarding school health conditions, services and factors relating to the health of students;

g)Providing inspections and supervision of the health and safety aspects of the school plant;

h)Providing health examinations before participation in interscholastic athletics;

i)Providing health examinations necessary for the issuance of employment certificates, vacation work permits, newspaper carrier certificates and street trades badges; and

j)Surveying and making necessary recommendations concerning the health and safety aspects of school facilities and the provision of health information.

Education Law Article 19
8 New York Code of Rules and Regulations (NYCRR) Part 136

7511 Immunization of Students
Adoption Date: 5/25/2006, Revised: ; Non-Substantive Revision 06/19/06

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

a)A New York State licensed physician certifies that such immunization may be detrimental to the child's health; or

b)The student's parent, parents, or persons in parental relation hold genuine and sincere religious beliefs which are contrary to the requirement. In such cases, the Building Principal will make a case-by-case determination whether a parent/guardian is entitled to invoke this religious exemption from required immunizations.

Except for the above two exemptions, 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 his/her 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.

Education Law Section 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

7512 Student Physicals
Adoption Date: 6/8/2006, Revised: ; Non Substantive: 10/22/13

Health Examination

Each student enrolled in District schools must have a satisfactory health examination conducted by a physician, physician assistant or nurse practitioner within twelve (12) months prior to and no later than thirty (30) days after:

a)The student's first entrance in a District school at any grade level;

b) The beginning of Pre-K, K, 2nd, 4th, 7th and 10th grades.

The District may also require an examination and health history 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:

a)All athletes prior to their first sport of the school year, then only those who were injured or ill and could not complete the season during any sport before participating in a subsequent sport during the school year; and

b)All students who need work permits.

The District encourages all students to get a physical examination with their private physician. If the family is unable to have a physical examination completed with their private physician, the District shall provide required health examinations through the School Physician.

Health Certificate

Each student must submit a health certificate attesting to the health examination within thirty (30) days after his or her first entrance into school and within thirty (30) days after his or her entry into the Pre-K, K, 2nd, 4th, 7th and 10th grades. The health certificate shall be filed in the student's cumulative health record. The health certificate must:

a)Describe the condition of the student when the examination was given;

b)State the results of any test conducted on the student for sickle cell anemia;

c)State whether the student is in a fit condition of health to permit his/her 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;

d)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.

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 School Physician.

The School Physician 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.

If it is ascertained that any students have defective sight or hearing, or other physical disability, including sickle cell anemia, the Principal or Principal's designee shall notify 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 treatment for such students, such fact shall be reported by the Principal or Principal's designee to the School Physician, who then has the duty to provide for treatment for such students.

Health Screenings

The District will provide:

a)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;

b)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 provided in writing to the student's parent or person in parental relation and to any teacher of the pupil. 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;

c)Hearing screening to all students within six 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 Principal or Principal's designee, in which case the Principal or Principal's designee may require supporting documents.

Family Educational Rights and Privacy Act of 1974 (FERPA)
20 United States Code (USC) Section 1232(g)
Education Law Sections 901, 905, 912 and 3217
8 New York Code of Rules and Regulations
(NYCRR) Section 135.4 and Part 136

7513 Medication
Adoption Date: 12/10/1998, Revised: ; Non Substantive 3/25/14

When it is necessary for a student to take medication during school hours, the school nurse may administer the medication if the parent/guardian submits a written request and it is accompanied by a written request from a physician in which he/she indicates the frequency and dosage of prescribed medication. Such medication is to be brought to the school health office in its original container by the parent or guardian.

Procedures for taking medications will be in accordance with State Education Department guidelines.

New York State Bureau of Health Service

7513.1 The Use of Inhalers in Schools
Adoption Date: 1/28/1999

The School District permits students who have been diagnosed by a physician as having a severe asthmatic condition to carry and use a prescribed inhaler during the school day. Prior to permitting such use, the school health office must receive the written permission of the prescribing physician, and parental consent, based on such physician’s determination that the student is subject to sudden asthmatic attacks severe enough to debilitate that student.

A record of such physician/parental permission shall be maintained in the school office.

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 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 to the school nurse for counseling. 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.

Education Law Section 916

7515 Accidents
Adoption Date: 12/10/1998, Revised: ; Non Substantive 3/25/14

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 to obtain 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/guardian 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/guardian’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.

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.

Insurance

The Board of Education shall approve provisions for all students to be covered by group insurance.

Such student accident insurance policies are to be a co-insurance with family coverage(s) as primary.

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

7516 Health Records
Adoption Date: 12/10/1998

The School shall keep an 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.

7517 Parental Delegation of Authority to Caregiver of Minor Child
Adoption Date: 10/13/2005

In accordance with General Obligations Law Section 5-1801, parents may delegate authority to a caregiver for specified education and health care decisions relating to their minor child. Specifically, this law allows a parent to authorize an adult person in whose care a minor has been entrusted to:

a) Consent to any health care developmental screening or mental health examination or treatment, including immunization, to be rendered to such minor in accordance with law for which the parent has authority to consent;

b) Enroll the minor in health insurance plans;

c) Review school records of the minor child;

d) Enroll the minor in a school;

e) Consent to the minor's absence from school; and/or

f) Consent to the participation of the minor in a school program or school-sponsored activity.

However, such parental authorization of designated powers to a caregiver is conditioned upon there being no prior order of any court in any jurisdiction currently in effect that would prohibit the parent from himself/herself exercising such authority; and provided further that, in the case where a court has ordered that both parents must agree on education or health decisions regarding their child, an authorization pursuant to this law shall not be valid unless both parents have given their consent.

An authorization conferred upon a caregiver pursuant to this law shall not be construed to satisfy requirements governing residence for purposes of enrollment in a school as set forth in Education Law Section 3202, unless such requirements have otherwise been fulfilled.

Authorization for a caregiver's consent shall be in writing and shall include:

a) The name of the caregiver to whom authorization is given;

b) The name of each minor with respect to whom such authorization is granted;

c) The parent's or parents' signature(s) and the date of such signature(s).

The authorization may specify a period of time less than a year for which such authorization shall be valid unless earlier revoked by the parent as enumerated below. However, if no such time period is specified, the authorization shall be valid until the earlier of revocation or one year from the date the authorization was signed by the parent. The authorization may:

a) Authorize any or all consents set forth above;

b) Specify the treatment, diagnosis or activities for which consent is authorized; or

c) Specify any treatment, diagnosis or activity for which consent is not authorized.

However, the decision of a caregiver to consent to or to refuse health care or mental health diagnosis or treatment for a minor shall be superseded by a contravening decision of the custodial parent of the minor.

No provision of this law shall be construed to require formal authorization to a caregiver as provided within the statute where such authorization is not otherwise required by law, rule or regulation.

Revocation of Authorization

Revocation by one parent shall be deemed effective and complete revocation of an authorization pursuant to this law. A caregiver who receives notification from a parent of any such revocation shall immediately notify any school, health care provider or health plan to which an authorization has been presented. Failure by the caregiver to notify recipients of the revocation shall not make notification of revocation by the parent ineffective.

Liability Provisions

A person who provides health care or mental health care or who permits enrollment or participation in a government sponsored health insurance plan, a school program or school-sponsored activity upon a caretaker's consent, and who does so reasonably and in the good faith belief that the parent has in fact authorized the caretaker to do so pursuant to the provisions of this law, may not be deemed to have acted negligently, unreasonably or improperly in accepting and acting upon such authorization. However, any such person may be deemed to have acted negligently, unreasonably or improperly if he/she has knowledge of facts indicating that the authorization was never given, or did not extend to the care or treatment given, or was revoked.

Pursuant to law, the above provision (i.e., actions not deemed negligent, unreasonable or improper) shall apply even if health care or mental health care is provided to a minor or consent is given to enrollment or participation in a school program or school-sponsored activity in contravention of the wishes of the parent except where the health care provider, health insurance plan official or school official has knowledge of facts indicating that the authorization was not given, or did not extend to the care or treatment in issue, or was revoked.

However, General Obligations Law Section 5-1801 does not alter any liability that would otherwise exist in the absence of this law, if a health care provider provides care that was not medically warranted even with legal consent, or fails to provide care that should have been provided, or provides care in a negligent or unacceptable manner.

General Obligations Law Section 5-1801
Education Law Section 3202

7520 Educational Services for Married/Pregnant Students
Adoption Date: 12/10/1998

Married Students

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

Pregnant Students

According to New York State Education Law, a student who becomes six (6) years of age on or before the first of December in any school year shall be required to attend full-time instruction from the first day that the District schools are in session in September of such school year, and a student who becomes six (6) years of age after the first day of session in the following September. Except as otherwise provided in Education Law Section 3205(3), a student shall be required to remain in attendance until the last day of session in the school year in which the student becomes seventeen (17) years of age. The Education Law further provides that resident students over five (5) and under twenty-one (21) are entitled to attend school in the district in which they reside. The law further requires that a school district provide for this instruction and also to provide for home instruction for those students of legal age who are unable to profit from instruction in school.

In view of the above, administrative regulations will be developed to implement the terms of this policy to provide instruction as required by the New York State Education Law for students who become pregnant. The Superintendent, or his/her designee, is directed to 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:

a)Remain in school with provisions for special instruction, scheduling, and counseling where needed.

b)Receive home instruction.

c)Attend BOCES program.

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

7522 Concussion Management
Adoption Date: 11/29/2012

The Board of Education recognizes that concussions and head injuries are the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The physical and mental well-being of our students is a primary concern. Therefore, the Canandaigua City School District adopts the following Policy to support the proper evaluation and management of concussion injuries.

A concussion is a mild traumatic brain injury (MTBI). A concussion occurs when normal brain functioning is disrupted by a 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 academics as well as their athletic pursuits.

Concussion Management Team (CMT)

In accordance with the Concussion Management and Awareness Act, the School District is authorized, at its discretion, to establish a Concussion Management Team (CMT) which may be composed of the certified athletic director, a school nurse, the school physician, a coach of an interscholastic team, a certified athletic trainer or such other appropriate personnel as designated by the School District. The Concussion Management Team shall oversee and implement the School District's concussion policy and regulations, including the requirement that all school coaches, physical education teachers, nurses and certified athletic trainers who work with and/or provide instruction to pupils engaged in school-sponsored athletic activities complete training relating to mild traumatic brain injuries. Furthermore, every concussion management team may establish and implement a program which provides information on mild traumatic brain injuries to parents and persons in parental relation 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 (including physical education class and recess) shall complete a course of instruction every two (2) 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.

Components of the training 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 course can be completed by means of instruction approved by SED which include, but are not limited to, courses provided online and by teleconference.

Information to Parents

The District shall include the following information on concussion in any permission or consent form or similar document that may be required from a parent/person in parental relation for a student's participation in interscholastic sports. 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, if one exists, to the above list of information on the State Education Department's and Department of Health's websites.

Identification of Concussion and Removal from Athletic Activities

The District shall require the immediate removal from all athletic activities of any student who has sustained, or is believed to have sustained, a mild traumatic brain injury (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 shall be removed from the class, game or activity and must be evaluated as soon as possible by an appropriate health care professional. Such removal must occur based on display of symptoms regardless of whether such injury occurred inside or outside of school. If there is any doubt as to whether the student has sustained a concussion, it shall be presumed that the student has been injured until proven otherwise. The District shall notify the student's parents or guardians and recommend appropriate evaluation and monitoring.

The School District may choose to allow credentialed District staff to use validated Neurocognitive computerized testing as a concussion assessment tool to obtain baseline and post-concussion performance data. These tools are not a replacement for a medical evaluation to diagnose and treat a concussion.

Return to School Activities and Athletics

The student shall not return to physical activity (including athletics, physical education class and recess) until he/she has been symptom-free for not less than twenty-four (24) hours, and has been evaluated and received written authorization from a licensed physician. In accordance with Commissioner's Regulations, the School District's Medical Director will give final clearance on a return to activity for extra-class athletics. All such authorizations shall 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. 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 shall 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's Medical Director may also formulate a standard protocol for treatment of students with concussions during the school day.

In accordance with NYSED guidelines, this Policy shall be reviewed periodically and updated as necessary in accordance with New York State Education Department guidelines. The Superintendent, in consultation with the District's Medical Director and other appropriate staff, may develop regulations and protocols for strategies to prevent concussions, the identification of concussions, and procedures for removal from and return to activities or academics.

Education Law Sections 207; 305(42), and 2854
8 NYCRR 135.4 and 136.5
Guidelines for Concussion Management in the School Setting, SED Guidance Document, June 2012

7530 Emancipated Minors
Adoption Date: 12/10/1998

From time to time, students beyond the compulsory attendance age of seventeen (17) who are living independent and apart from their parent(s)/legal guardian(s) request to be enrolled in the District.

Such students may be considered emancipated for purposes of making a determination as to the student’s legal residence within the District and, therefore, his/her entitlement to a tuition-free education.

In such cases, where the applicant is living with others, whether or not the adults with whom the student lives have assumed financial and other responsibilities for the student is not relevant in determining emancipation. However, the extent that the parents/guardians have retained financial and other responsibilities for the students is relevant and will be reviewed in determining the emancipated status of the student.

The basic question is whether the students claiming emancipation have, in fact, established a residence n which they maintain themselves beyond the support and control of their natural parents/guardians or person in parental relations.

The actions and intentions of the parents/guardians of a student under eighteen (18) years of age are relevant to a determination of emancipation unless the parents/guardians have relinquished custody and control of the student. In that case, if necessary, the District will require an affidavit from the parents/guardians unless, based upon the facts of the case, it places an unreasonable burden on the prospective student.

Emancipation of a student under the age of eighteen (18) years must be evidence by acts of the parents/guardians, and not the student. Emancipation is the renunciation of legal obligations of a parent and the surrender of parental rights over the student. Emancipation may be revoked at the will of the parents/guardians. If the fact of the case indicates that this has occurred, the emancipation status will be reviewed and reconsidered.

The District will require an affidavit from the student as proof of emancipation and residence, in addition to requesting supporting documentation of the student’s age, means of support, home address and circumstances surrounding the student’s emancipation (e.g., a statement from the person with whom the student is living, rent receipts, pay stubs, driver’s license, letter from the Department of Social Services, etc.).

7535 Education of Homeless Children and Youth
Adoption Date: 4/28/2005

The parent/person in parental relation to a homeless child; or the homeless child, together with the homeless liaison designated by the School District in the case of an unaccompanied youth; or the director of a residential program for runaway and homeless youth established pursuant to Article 19-H of the Executive Law, in consultation with the homeless child, where such homeless child is living in such program, may designate either the school district of current location, the school district of origin, or a school district participating in a regional placement plan as the district the homeless child shall attend.

Pursuant to Commissioner's Regulations, a "homeless child" means a child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child who is:

a) Sharing the housing of other persons due to a loss of housing, economic hardship or a similar reason;

b) Living in motels, hotels or camping grounds due to the lack of alternative adequate accommodations;

c) Abandoned in hospitals;

d) Awaiting foster care placement; or

e) A migratory child who qualifies as homeless in accordance with Commissioner's Regulations. As defined in the No Child Left Behind Act of 2001, the term "migratory child" includes a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who has moved from one school district to another in the preceding 36 months, in order to obtain, or accompanies such parent or spouse in order to obtain, temporary or seasonal employment in agricultural or fishing work.

f) A child or youth who has a primary nighttime location that is:

1. A supervised, publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the state or local department of social services, and residential programs for runaway and homeless youth established pursuant to Article 19-H of the Executive Law; or

2. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station or similar setting.

The term "homeless child" shall not include a child in foster care or receiving educational services pursuant to Education Law Section 3202(4), (5), (6), (6a) or (7) or pursuant to Articles 81, 85, 87 or 88. For example, a child in a family home at board, a school for the mentally retarded, a hospital or other institution for the care, custody and treatment of children; youths under the direction of the Division for Youth incarcerated in county correctional facilities or youth shelters; or children residing in child care institutions or schools for the deaf or blind would not be considered "homeless."

Enrollment, Retention and Participation in the Educational Program

Enrollment of homeless children shall not be delayed and their ability to continue or participate in the educational program shall not be restricted due to issues such as:

a)Transportation;

b)Immunization requirements;

c)Residency requirements;

d)Birth certificates, medical records, IEPs, school records and other documentation;

e)Guardianship issues;

f)Comprehensive assessment and advocacy referral processes;

g)Resolution of disputes regarding school selection;

h)Proof of social security numbers;

i)Attendance requirements;

j)Sports participation rules;

k)Inability to pay fees associated with extracurricular activities such as club dues and sports uniforms; or

l)Other enrollment issues.

Educational Programs and Services

The School District shall provide homeless children and youth with access to all of its programs, activities and services to the same extent that they are provided to resident students.

Homeless children and youth shall be educated as part of the school's regular academic program. Services must be provided to homeless children and youth through programs and mechanisms that integrate homeless children and youth with their non-homeless counterparts, including programs for special education, vocational and technical education, gifted and talented students, before and after school, English language learners/limited English proficiency, Head Start, Even Start, and school nutrition. Services provided with McKinney-Vento funds must expand upon or improve services provided as part of the regular school program. Consequently, the School District shall ensure that homeless children and youth are not segregated in a separate school, or in a separate program within the school, based on their status as homeless; and to the extent feasible consistent with the requirements of Commissioner's Regulations, keep a homeless child or youth in the school of origin except when doing so is contrary to the wishes of the child's or youth's parent or guardian. Further, the School District shall review and revise policies and practices, including transportation guidelines, that may act as barriers to the enrollment, attendance, school success, and retention of homeless children and youth in the School District

All homeless children and youth are automatically eligible for Title I Part A services whether or not they meet the academic standards or live in a Title I school attendance area. Homeless students may receive Title I educational or support services from schoolwide and targeted-assistance school programs.

Transportation

If the local social service district or the Office of Children and Family Services is not required to provide transportation, the designated district is responsible for providing the student’s transportation. However, the school district of origin is responsible for the cost of transportation provided by the designated district. Transportation responsibilities apply to all school districts regardless of whether or not they receive McKinney-Vento funds. Where a homeless student designates the school district of current location as the district the student will attend, that district shall provide transportation to the student on the same basis as a resident student. Where the homeless student designates the school district of origin, the district of current location, at the request of a parent/guardian, shall provide or arrange for transportation to and from the school of origin in accordance with law and/or regulation even if the district does not provide transportation to non-homeless students (except for preschoolers). Transportation must be provided during the pendency of enrollment disputes. If the designated district provides transportation for non-homeless preschool children, it must also provide comparable transportation services for homeless preschool children.

School District Liaison for Homeless Children and Youth

The School District shall designate an appropriate staff person, who may also be a coordinator for other federal programs, as the local educational agency liaison for homeless children and youth to carry out the duties as enumerated in law, Commissioner's Regulations and applicable guidance issued by the U.S. and New York State Education Departments. The District will inform school personnel, local service providers and advocates of the office and duties of the local homeless liaison.

Training

The District will train all school enrollment staff, secretaries, school counselors, school social workers, and principals on the legal requirements for enrollment. School nutrition staff, school nurses, teachers, and bus drivers will receive training on homelessness that is specific to their field.

Outreach

The District will make every effort to inform the parents or guardians of homeless children and youth of the education, transportation and related opportunities available to their children including transportation to the school of origin. The parent(s)/guardian(s) will be assisted in accessing transportation to the school they select, and will be provided with meaningful opportunities to participate in the education of their children. Public notice of educational rights of homeless children and youth will be disseminated by the District in places where families and youth are likely to be present (e.g., schools, shelters, soup kitchens), and in comprehensible formats (e.g., geared for low literacy or other community needs).

Dispute Resolution

The District shall establish guidelines for the prompt resolution of disputes regarding school selection or enrollment of a homeless student and provide a written explanation, including a statement regarding the right to appeal to the parent or guardian if the School District sends the student to a school other than the school of origin or the school requested by the parent or guardian.

If there is a factual dispute over whether a student is homeless, the District will immediately enroll the student and then provide the parent/guardian the opportunity to submit verification of homelessness. The student will remain enrolled until a final determination is made by the District and for a minimum of thirty (30) days after the final determination to allow the parent/guardian opportunity to appeal to the Commissioner of Education. If the student files an appeal that contains a request for a stay within thirty (30) days of such final determination, the District must continue to enroll the student until the Commissioner rules on the stay request.

Record and Reporting Requirements

If the District, as the school district of origin, receives a request to forward student records to a receiving district, the records must be forwarded within five days.

The School District shall maintain documentation regarding all aspects of the District’s contact with and services provided to homeless students and youth for possible on-site monitoring by the State Education Department.

The District shall collect and transmit to the Commissioner of Education, at such time and in the manner as the Commissioner may require, a report containing such information as the Commissioner determines is necessary to assess the educational needs of homeless children and youths within the state.

McKinney-Vento Homeless Education Assistance Act,
as reauthorized by the No Child Left Behind Act of 2001
42 United States Code (USC) Section 11431 et seq.
Education Law Section 3209
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(x)

7541 Home Teaching: Temporary
Adoption Date: 12/10/1998

Resident children attending public or non-public schools who qualify for home instruction shall be provided with such instruction in accordance with New York State Education Law and Commissioner’s Regulations.

Procedures for students requiring home instruction shall be developed under the direction of the Superintendent or his/her designee.

Education Law Sections 1604(20); 3202,
3205, 4401

7541.5 Homebound Instruction
Adoption Date: 3/20/2014

Homebound instruction is a service provided to resident children attending public or non-public schools who are unable to attend school due to medical, emotional or disciplinary problems. Secondary students receive instruction for two hours per day and elementary students receive one hour per day. Students receive credit for their work while on homebound instruction.

Procedures for students requiring home tutoring shall be developed under the direction of the Superintendent of Schools or his/her designee.

Education Law §§1709(24); 4401 et seq.
8 NYCRR §175.21

7550 Student Directory Information
Adoption Date: 12/10/1998

The District shall publish an annual public notice informing parents or eligible students of their right to refuse the release of student directory information and indicating a time period for their response. Following such public notice and a reasonable response period, the District may release such information to an outside group without individual consent.

The Family Education Rights and Privacy Act (FERPA) defines student directory information as the following: name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height (if member of athletic teams), degrees and awards received, and the name of the educational agency or institution previously attended by the student.

20 United States Code (U.S.C.) 1232(g)

7551 Military Recruiters' Access to High School Students and Information on Students
Adoption Date: 2/13/2003, Revised: ; Non Substantive 1/29/14

In compliance with the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (NCLB); and the National Defense Authorization Act, and in accordance with the Family Educational Rights and Privacy Act (FERPA), the School District shall comply with a request by a military recruiter for secondary students' names, addresses, and telephone listings, unless a parent has "opted out" of providing such information.

Further, in compliance with the NCLB, the District shall give military recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers.

Under FERPA, the School District must provide notice to parents of the types of student information that it releases publicly. This type of information, commonly referred to as "directory information," which is released by the District includes -- but is not limited to -- such items as students' names, addresses, and telephone listings. The notice must include an explanation of a parent's right to request that the information not be disclosed without prior written parental consent; and further requires that parents be notified that the School District routinely discloses students' names, addresses, and telephone listings to military recruiters upon request, subject to a parent's request not to disclose such information without written parental consent.

A single notice provided through a mailing, student handbook, or other method that is reasonably calculated to inform parents of the above information is sufficient to satisfy the parental notification requirements of both FERPA and the NCLB. The notification shall advise the parent of how to opt out of the public, nonconsensual disclosure of directory information and the method and timeline within which to do so.

If a parent opts out of providing directory information (or any subset of such information) to third parties, the opt-out relating to their child's name, address, or telephone listing applies to request for military recruiters as well. For example, if the opt-out states that telephone numbers will not be disclosed to the public, the District may not disclose telephone numbers to military recruiters.

The Superintendent/designee shall ensure that appropriate notification is provided to parents informing them of their right to opt-out of the release of designated directory information without prior written parental consent.

Elementary and Secondary Education Act of 1965
Section 9528
20 United States Code (U.S.C.) Section 7908
as amended by the No Child Left Behind Act of 2001
National Defense Authorization Act Section 544
10 United States Code (U.S.C.) Section 503
Family Educational Rights and Privacy Act of 1974
20 United States Code (U.S.C.) Section 1232(g)
34 Code of Federal Regulations (C.F.R.)
Section 300.571
Education Law Section 2-a

7551.5 Recruitment
Adoption Date: 2/2/2006

The Board of Education recognizes that college, military and career recruiters need reasonable access to students in order to make them aware of available opportunities. Therefore it shall be the policy of the Board to allow each recruiting college or military organization one open opportunity to visit the Academy Counseling Office and talk with interested students each semester. The administration shall make known the availability of the recruitment opportunity through announcements. In the case of the military, each service (Navy, Army, Air Force, Marines, Coast Guard) shall be allowed one opportunity to visit the Academy Counseling Office each semester.

College athletic recruiters shall strictly adhere to NCAA rules regarding their interactions with high school athletes.

The school district may allow special events such as “College Night” or “Career Day.” The presence of college or military recruiters at these events shall be in addition to the day of open recruitment permitted in the counseling office.

No other presences of college or military recruiters shall be allowed during the school day.

7552 Student Privacy, Parental Access to Information, and Administration of Certain Physical Examinations to Minors
Adoption Date: 12/11/2003

U.S. Department of Education-Funded Surveys/Materials

In compliance with the Protection of Pupil Rights Amendment (PPRA), the School 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/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 School District shall obtain prior written parental/guardian consent before minor students are required to participate in any DOE-funded survey, analysis, or evaluation that reveals information concerning:

a) Political affiliations or beliefs of the student or the student's parent/ guardian;

b) Mental or psychological problems of the student or the student's family;

c) Sex behavior or attitudes;

d) Illegal, anti-social, self-incriminating, or demeaning behavior;

e) Critical appraisals of other individuals with whom respondents have close family relationships;

f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

g) Religious practices, affiliations, or beliefs of the student or student's parent/guardian; or

h) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Additional Student and Parental Privacy Rights

The School District has developed and adopted this Board policy, in consultation with parents/guardians, regarding the following:

a) The right of the parent/guardian to inspect, upon request, a survey created by a third party (i.e., by a party other than the DOE) before the survey is administered or distributed by the school to a student. Requests by parents/guardians to inspect such surveys are to be submitted to, in writing, to the building principal at least 10 days prior to the administration or distribution of any survey. Further, the District shall grant a request by the parent/guardian for reasonable access to such survey within a reasonable period of time after the request is received by the District.

b) Student privacy. 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 following items (including the right of the parent/guardian of the student to inspect, upon request, any survey containing one or more of such items):

1. Political affiliations or beliefs of student toward 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 the student's parent/guardian;

8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Parents/guardians have the right to inspect, upon request, any survey containing one or more of such items. Such requests must be submitted by the parent/guardian, in writing, to the building principal at least ten (10) days prior to the administration or distribution of any survey.

c) Access and inspection of instructional materials. Parents/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 a reasonable period of time (defined by the School District, for the purposes of this policy, as 30 days) after such request is received by the District. Requests shall be submitted by parents/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.

d) The administration of physical examinations or screenings that the School District may administer to a student.

This provision 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.

In the implementation of this provision regarding the administration of physical examinations or screenings that the school may administer to the student, the School District incorporates by reference Board policies that address student health services, as applicable, including but not limited to policies regarding the administration of medication, immunization of students, and student physicals.

e) Use of information for commercial purposes. Unless mandated/authorized in accordance with Federal or State law and/or regulation, it is policy of the Board of Education, to not permit the collection, disclosure, or use of personal information (the term “personal information” is defined as individually identifiable information including a student’s or parent/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), unless otherwise exempted pursuant to law as noted below. 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/designee.

These requirements do 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 the following:

a) College or other postsecondary education recruitment, or *military recruitment;

b) Book clubs, magazines, and programs providing access to low-cost literary products;

c) 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 others 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;

d) The sale by students of products or services to raise funds for school- related or education-related activities;

e) Student recognition programs.

*Military recruiter access to student information is governed by the Family Educational Rights and Privacy Act of 1974 (FERPA) and the National Defense Authorization Act for Fiscal Year 2002.

Notification of Policies/"Opt Out" Provisions

The School District shall provide for reasonable notice of this policy directly to the parents/guardians of students enrolled in the District. At a minimum, the District shall provide such notice at least annually, 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/guardians to opt their child out of participation in the following activities:

a) 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).

b) The administration of any survey containing one or more of the eight items of information listed above in the subheadings referencing DOE- funded surveys as well as non-DOE-funded surveys.

c) 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.

Notification of Specific Events

In the notification, the School District shall directly notify parents/guardians, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when the above activities are scheduled or expected to be scheduled.

General Provisions

The requirements of PPPRA 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 FERPA.

The rights provided to parents/guardians under PPRA transfer from the parent/guardian to the student when the student turns 18 years old or is an emancipated minor under applicable State law.

The School District may use funds provided under Part A of Title V of the Elementary and Secondary Education Act of 1965 to enhance parental/guardian involvement in areas affecting the in-school privacy of students.

20 United States Code (U.S.C.)
Section 1232h(b) and (c),
as amended by the No Child Left Behind Act of 2001
34 Code of Federal Regulations (C.F.R.) Part 98

7560 Reporting of Child Abuse and Maltreatment
Adoption Date: 12/10/1998

All school employees shall be required to report immediately or cause a report to be made immediately to the Superintendent of Schools/designee:

a)Whenever they have reasonable cause to suspect that a child coming before them in their professional or official capacity is abused or maltreated; or

b)Whenever they have reasonable cause to suspect that a child is an abused or maltreated child where the parent, guardian, or other person responsible for the child’s care comes before them in their professional or official capacity and states from personal knowledge facts, conditions or circumstances which, if correct, would render the child an abused or maltreated child.

The Superintendent/designee shall cause a report to be made immediately by telephone to the State Central Registry of Child Abuse and Maltreatment. Within forty-eight (48) hours of the oral report, the Superintendent/designee shall make a written report to the local Child Protection Service.

The Superintendent/designee shall provide for appropriate orientation and training in the enforcement of this policy on a yearly basis for all school employees.

Education Law Section 3209-a

7560.5 Child Abuse in an Educational Setting and Prohibition of Silent Resignations
Adoption Date: 3/22/2001

Child Abuse in an Educational Setting

The School District is committed to the protection of students in and out of 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:

a) Intentionally or recklessly inflicting physical injury, serious physical injury or death; or

b) Intentionally or recklessly engaging in conduct which creates a substantial risk of such physical injury, serious physical injury or death; or

c) Any child sexual abuse, defined as conduct prohibited by Article 130 or 263 of the Penal Law; or

d) The commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to Article 235 of the Penal Law.

“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 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 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:

a) 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.

b) 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 for 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. When the school administrator receives a written report, he/she shall promptly provide a copy of such report to the Superintendent.

When 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.

Education Law Article 23-B and Sections 3028-b
Penal Law Article 130, 235 and 263
8 New York Code of Rules and Regulations
(NYCRR) Part 83

7561 Notification of Sex Offenders
Adoption Date: 12/10/1998, Revised: 5/25/2006

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 which may include, but are not limited to, Building Principals, supervisors, teachers, office personnel, coaches, custodians, bus drivers, and security personnel. The Superintendent reserves the right to further 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, parents/guardians of District students, and other 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.

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.

Information that is disseminated to the School District pursuant to Megan's Law may be disclosed or not disclosed by the District at its discretion. 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 18 (eighteen) while one or more of such persons are present.

However, by exception, entrance upon the premises shall be provided to the sentenced sex offender under the following conditions subject to the written authorization of his/her parole officer and the superintendent or chief administrator of the facility for the limited purposes authorized by that person:

a)The offender is a registered student;

b)The offender is a family member or in a parental relation of a student enrolled in the facility and is visiting the district specifically to deal with that student’s school activities.

Implementation

Administrative regulations shall be developed to implement this policy.

Correction Law Article 6-C
Executive Law 259-c(14)
Penal Law 65.10(4-a)
Public Officers Law Section 84 et seq.

7570 Equal Educational Opportunities
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 3/12/04

It is the policy of this District that each student attending its public schools shall have equal educational opportunities and will not be excluded or prevented from participating in or having admittance to the educational courses, programs or activities; school services; and extracurricular events in conformance with District Policy 3030 - Equal Opportunity.

Administration shall establish grievance procedures that provide for the prompt and equitable resolution of complaints pertaining to discrimination.

Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.) Section 2000-e, et seq.
Prohibits discrimination on the basis of race, color, religion,
sex or national origin.

Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)Section 2000-d, et seq.
Prohibits discrimination on the basis of race, color or
national origin.

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

The Americans With Disabilities Act,
42 United States Code (U.S.C.) Section 12101 et seq.
Prohibits discrimination on the basis of disability.

Title IX of the Education Amendments of 1972,
20 United States Code (U.S.C.) Section 1681 et seq.
Prohibits discrimination on the basis of sex.

New York State Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed, color,
national origin, sex, marital status, sexual orientation or disability.

New York State Executive Law Section 290 et seq.
Prohibits discrimination on the basis of age, race, creed, color,
national origin, sex, sexual orientation, disability, military status,
or marital status.

Age Discrimination in Employment Act,
29 United States Code Section 621

7571 Racial Harassment (Students)
Adoption Date: 12/10/1998

The Board of Education affirms its commitment to nondiscrimination and recognizes its responsibility to provide for all District students an environment that is free of racial harassment and intimidation. Racial harassment is a violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits any type of racial harassment by employees, students, visitors, guests, or others.

Racial harassment of students occurs when:

a)An agent or employee of the District, acting within the scope of his/her official duties, has treated a student differently on the basis of race, color, or national origin in the context of an educational program or activity without a legitimate, nondiscriminatory reason so as to interfere with or limit the ability of the student to participate in or benefit from the services, activities or privileges provided by the School District. This is referred to as “different treatment” racial harassment.

b)The District creates or is responsible for a racially hostile environment – i.e., harassing conduct (e.g., physical, verbal, graphic, or written) that is sufficiently severe, pervasive or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities or privileges provided by the District. The District has subjected an individual to different treatment on the basis of race if it has effectively caused, encouraged, accepted, tolerated or failed to correct a racially hostile environment of which it has actual or constructive notice. This is referred to as “hostile environment” racial harassment.

The Board acknowledges that in determining whether racial harassment has occurred, the relevant particularized characteristics and circumstances of the victim – especially the victim’s race and age – will be taken into account when evaluating the severity of racial incidents in the School District. If it is determined that the harassment was sufficiently severe so that it has adversely affected the enjoyment of some aspect of the District’s educational program by a reasonable person, of the same age and race as the victim, under similar circumstances, the existence of a hostile environment will be found.

Any student who believes that he/she has been subjected to racial harassment shall report all incidents of such conduct to the District’s designated complaint officer through informal and/or formal complaint procedures developed by the District. In the event that the complaint officer is the offender, the complainant shall report his/her complaint to the next level of supervisory authority. All such reports will be kept as confidential as possible.

Upon receipt of an informal/formal complaint, the District will conduct a thorough investigation of the charges. However, if a district has knowledge of or has reason to know of any alleged racial harassment, the District is obligated, even in absence of a complaint, to investigate such conduct promptly and thoroughly.

Based upon the result of the District’s investigation, immediate corrective action will be taken. 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 contractual and legal guidelines. Should the offending individual be a student, appropriate disciplinary measures will be applied up to and including suspension.

The Board prohibits any retaliatory behavior directed against complainants and/or witnesses. Follow-up inquiries shall be made to ensure that harassment has not resumed and that the victims and/or witnesses have not suffered retaliation.

The District shall take all appropriate measures to prevent the occurrence or continuation of any type of racial harassment and shall implement remedial or corrective action where necessary.

The Board directs the Superintendent to develop regulations for resolving racial harassment complaints by students. The Superintendent/designee(s) shall affirmatively discuss the topic of racial harassment with all employees and students, express the District’s condemnation of such conduct and explain the sanctions for racial harassment. A copy of this policy and its accompanying regulation shall be posted in appropriate places and available upon request to all employees and students.

Title VI of the Civil Rights Act of 1964,
42 United States Code (U.S.C.)
Section 2000-d et seq.
Prohibits discrimination on the basis of
Race, color, or national origin
34 Code of Federal Regulations (CFR) Part 100

7572 Sexual Harassment of Students
Adoption Date: 12/10/1998, Revised: 2/10/2000; Non-Substantive Revision 10/04/04

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 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. 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 when:

a)Submission to or rejection of such sexually harassing conduct and/or communication by a student affects decisions regarding any aspect of a student’s education, including participation in school-sponsored activities;

b)Conditions exist within the school environment that allow or foster obscene pictures, lewd jokes, sexual advances, requests for sexual favors or other harassing activities of a sexual nature; and

c)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 individual associated with the School District. Sexual harassment may occur from student-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 are recommended to be in writing, 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 Student 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 the legal guidelines, District policy and regulation, 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.

Finding that Harassment Did Not Occur

At any level/stage of investigation of alleged harassment, if a determination is made that harassment did not occur, the Complaint Officer will so notify the complainant, the alleged offender and the Superintendent of this determination. Such finding does not preclude the complainant from filing an appeal pursuant to District policy or regulation and/or pursuing other legal avenues of recourse.

However, even if a determination is made that harassment did not occur, the Superintendent/designee reserves the right to initiate staff awareness and training, as applicable, to help ensure that the school community is not conducive to fostering harassment in the workplace.

In all cases, the Superintendent will inform the Board of Education of the results of each investigation involving a finding that harassment did not occur.

Knowingly Makes False Accusations

Employees and/or students who knowingly make false accusations against another individual as to allegations of harassment may also face appropriate disciplinary action.

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.

Title IX of the Education Amendments of 1972,
20 United States Code (U.S.C.) Section 1681 et seq.

34 Code of Federal Regulations (C.F.R.)
Section 100 et seq.

Title VII of the Civil Rights Act of 1964,
42 United States Code (U.S.C.) Section 2000e et seq.

The Civil Rights Act of 1991
42 United States Code (U.S.C.) Section 1981(a)

29 Code of Federal Regulations (C.F.R.)
Section 1604.11(a)

Executive Law Sections 296 and 297

7580 Suicide Prevention
Adoption Date: 12/10/1998, Revised: 1/3/2013

The Board recognizes the need for suicide prevention and will instruct the Superintendent to establish a District crisis intervention 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 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 himself/herself. Staff training and professional development on suicide and crisis intervention will be made available.

8000 Instruction

8100 Curriculum (General)

8110 Curriculum Development
Adoption Date: 12/10/1998

The Canandaigua City School District views curriculum development as an ongoing basic function of public education. The goal of curriculum development is to ensure continuity, sequence, relevance and compliance with all regulations and requirements.

All curriculum shall be subject to planned, cyclical review. No more than seven (7) years shall transpire between review cycles.

Education Law Sections 1709 and 3204

8120 Courses of Study
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 5/05/03, Non-Substantive Revision 10/24/05

It is the responsibility of the Board of Education through the Superintendent of Schools to organize and include in the curriculum, grades pre-kindergarten (PK) through twelve (12), those courses of study which are mandated by the New York State Education Law.

No course shall be added to nor deleted from the curriculum of the schools without prior approval of the Board of Education. Neither shall the length of such course nor the amount of school credit toward graduation for such a course be modified without such prior approval. Specific course prerequisites may only be approved by the Superintendent of Schools

Education Law Sections 1707, 3204

8121 Payment of Tuition for College Courses and Advanced Examinations Taken during High School
Adoption Date: 12/10/1998, Revised: 12/15/2005

There are many opportunities for high schools to partner with colleges and universities and provide the opportunity for high school students to gain college credit prior to graduation. The Board of Education of the Canandaigua City School District encourages such partnerships. When college courses are offered for college credit within the Canandaigua City School District , the following rules shall apply:

a)The course shall be open to all students who meet the academic prerequisites.

b)Students who choose to gain college credit for the course must pay all tuition costs associated with such credit.

c)Students who do not wish to gain college credit for the course must be allowed to take the course for local high school credit at no tuition cost.

Examination Fees:

In some cases, students are expected to pay examination fees in order to qualify for college credit including fees for Advanced Placement and International Baccalaureate tests.

No student shall be denied the opportunity to take the examinations due to financial hardship. The District shall see to it that support is provided for students eligible for free lunch (75%) or reduced lunch (50%) or in extenuating circumstances as determined by the building principal.

Commissioner’s Decision 11818

8122 Character Education & Service Learning
Adoption Date: 3/22/2001

The Board of Education recognizes that teaching students respect, civility and understanding toward others, as well as the practice and reinforcement of appropriate behavior and values of our society, is an important function of the School System.

The School District wishes to foster an environment where students exhibit behavior that promotes positive educational practices, allows students to grow socially and academically, and encourages healthy dialogue in respectful ways. By presenting teachers and staff as positive role models, the District stresses positive communication and discourages disrespectful treatment. This policy is not intended to deprive and/or restrict any student of his or her right to freedom of expression but, rather, seeks to maintain, to the extent possible and reasonable, a safe, harassment free and educationally conducive environment for our students and staff.

Character education is not a program, it is a commitment. The District shall ensure that the course of instruction in grades K-12 includes a component on civility, citizenship and character education in accordance with Education Law. Character education is the deliberate effort to help students understand, care about, and act upon core ethical values.

The District is committed to promoting respect, responsibility, honesty, caring, and healthful lifestyles.

As determined by the Board of Regents, and as further enumerated in Commissioner’s Regulations, the components of character education shall be incorporated in existing School District curricula as applicable. All local curriculum development will address character education. A specific component of character education, service learning, shall be articulated throughout the K-12 curriculum. The Board believes that service learning can actualize each of the five character traits. Specific service learning outcomes include:

Grade 12

Through classroom guidance, students will demonstrate an understanding of the benefits of service by actively engaging in a problem solving process to fulfill a social need.

Grade 8

Through a guided experience, students will demonstrate knowledge of service and its benefits by applying a problem solving process to fulfill a social need.

Grade 5

Through direct instruction in a guided service learning experience, students will apply a problem solving process to fulfill a social need.

The District encourages the involvement of staff, students, parents and community members in the implementation and reinforcement of character education in the schools.

Education Law Sections 801 and 801-a


8123 Interpersonal Violence Prevention Education
Adoption Date: 3/22/2001, Revised: ; Non-Substantive Revision 3/19/03, Non-Substantive Revision 10/24/05

The Commissioner of Education, pursuant to law, shall make available to the District an interpersonal violence prevention education package for students in grades PreK-12; and the use of such material will be incorporated as part of the health or other related curricula or programs.

As modified by the Board of Regents, the health curriculum requirements shall provide greater focus on the development of skills, by no later than middle school, that are needed to recognize, cope with and address potentially violent incidents, including an understanding of the student’s role in emergency situations, issues associated with bullying, what to do when confronted with another student who is experiencing serious emotional distress, and other related skills designed to reduce the threat of violence in the schools.

Education Law Sections 804(4)

8130 Instruction for English Language Learners or Students with Limited English Proficiency
Adoption Date: 12/10/1998, Revised: 2/12/2004

The Board of Education recognizes its responsibility to ensure that students of foreign birth or ancestry, who have limited English proficiency, are provided with an appropriate program of bilingual transitional education or a free-standing program of instruction composed of English as a Second Language component. Regulations and procedures shall be developed pursuant to the Regulations of the Commissioner to:

a)Identify those students who are English language learners or who have limited English proficiency by means of a diagnostic screening of new entrants and provide a program of bilingual education or English as a Second Language for eligible students. A plan shall be developed to meet the educational needs of each student and proficiency will be measured annually by a language assessment instrument in order to determine further participation by a student. The plan will include assessment of each student's performance in content areas to measure the student's academic progress. State mandated tests may be offered in a student's native language.

b)Ensure that such students have access to appropriate instructional and support services, including guidance programs pursuant to Commissioner's Regulations and the opportunity to participate in District educational programs, including all existing extracurricular programs and activities, which are available to all other students enrolled in the public schools of the District.

The instructional programs and services available to limited English proficient pupils to help them acquire English proficiency may include, pursuant to Commissioner's Regulations, bilingual education programs, free-standing English as a Second Language programs, appropriate support services, transitional services, in-service training and parental notification.

A student whose score on an English language assessment instrument as specified in Section 154.2(a) of the Commissioner's Regulations is a result of a disability shall be provided special education programs and services in accordance with the Individualized Education Program (IEP) developed for such student and shall also be eligible for services pursuant to Part 154 of the Commissioner's Regulations when these services are recommended in the IEP.

The parent/guardian of a student identified as an English language learner or as limited English proficient shall be informed in his/her native language, if necessary, of the student's identification for and/or participation in an English language learner instructional program.

The Superintendent shall ensure that all data required by the Commissioner's Regulations is submitted to the State Education Department in a timely manner.

Title I of the Elementary and Secondary Education
Act of 1965, as amended by the No Child Left Behind
Act of 2001, Sections 1112(g) and 3302(a)
Education Law Sections 207, 215, 2117, 3204(2)(2-a),
3602, and 3713
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(g) and Parts 117 and 154

8160 Religious Expression in the Public Schools
Adoption Date: 12/10/1998, Revised: 8/6/2003; 11/06/03; 1/03/13

The Board of Education acknowledges the importance of religion to the understanding of society and the richness of the human experience. In approaching the teaching about religion in the school, the District will be guided by these concepts when making decisions about the appropriateness of activities for inclusion in the school program: the activity should have a secular purpose and the activity should neither advance nor inhibit religion.

Nurturing the development of knowledge and understanding of all cultural and religious groups is a continuing goal of the School District. Students, faculty and administration are reminded of the pluralism of religious beliefs and are urged to be conscious of and respect the sensitivity of others.

Opportunities to learn about cultural and religious traditions should be provided within the framework of the curriculum. Information about religious and cultural holidays and traditions focusing on how and when they are celebrated, their origins and histories should be part of this instruction. This educational opportunity should be handled with great care, sensitivity and respect for the feelings and beliefs of individuals.

An environment should be created and encouraged where students of various ethnic backgrounds feel comfortable in sharing comments about their religious and cultural traditions. No student should be singled out to share or participate in such discussions solely on the basis of that student’s identification with the cultural/religious heritage being addressed. A student’s preference not to share or participate in such discussions should be honored and respected without penalty.

School Activities Related to Religious Holidays or Themes

a)School activities related to the teaching about religious holidays or themes must be consistent with, representative of, and congruent with the District’s curriculum.

b)In planning school activities related to the teaching about religious holidays or themes, specific effort must be made to ensure that the activity is not devotional and that students of all faiths can join without feeling they are betraying their own beliefs.

c)In planning school activities related to the teaching about religious holidays and themes, age appropriate activities are encouraged within the framework of the curriculum. Teaching about religious and cultural holidays may include such special activities as parties and special foods, if they reinforce educational goals.

Symbols in the Schools

The purpose of using religious symbols should be to teach about religious concepts and traditions, and to convey historical or cultural content, not to promote or celebrate religious concepts, events or holidays.

Music in the Schools

The purpose of using religious music should be to teach musical concepts, to convey historical and cultural content, or to create aesthetic experiences in a setting which emphasizes artistic expression and educational value, not to promote or to celebrate a religious faith.

District Calendar

The days on which members of a religious group may be absent to observe a religious holiday (legal absence) will be noted on the District calendar distributed to parents/guardians. Out of respect for a student’s observance of these holidays, teachers will be sensitive to the needs of students by allowing them to make up all class work, homework, and tests without penalty. Parents/guardians are encouraged to notify the school prior to the absence in order to assist the staff in instructional planning and in meeting the needs of the student.

Curriculum Areas In Conflict with Religious Beliefs

Students shall be given the option to be excused from participating in those parts of an activity, program, or area of instruction involving a religious theme which conflicts with their own religious beliefs or that of their parents/guardians in accordance with applicable law and regulations. Alternatives may be provided that are of comparable instructional value.

Constitutionally Protected Prayer

The Board of Education affirms the responsibilities of the School District, consistent with applicable statutory/case law pertaining to the First Amendment of the United States Constitution, to allow students and staff to engage in constitutionally protected prayer within the District Schools.

No Board of Education policy or District practice shall prevent, or otherwise deny participation in, constitutionally protected prayer in District Schools.

Implementation

Administrative regulations will be developed to implement the terms of this policy. Further, the District shall publicize and disseminate this policy and accompanying regulations in order to ensure community, faculty, student, and parental/guardian awareness.

United States Constitution, First Amendment
New York State Constitution, Article XI, Section 4
Equal Access Act, 20 United States Code (U.S.C.)
Sections 4071-4074
Education Law, Sections 1709(1) and (3), 3204(5) and 3210
8 New York Code of Rules and Regulations
(NYCRR) Sections 16.2 and 109.2
Section 9524 of the Elementary and Secondary
Education Act of 1965,
as amended by the No Child Left Behind Act of 2001
United States Constitution, First Amendment

8200 Elementary and Secondary Instruction

8210 Safety Programs
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 3/19/03, Non-Substantive Revision 11/30/05

Every reasonable precaution will be taken to protect the safety of all students, employees, visitors and others present on District property or at school-sponsored events. The Superintendent of Schools shall be responsible for maintaining the schools within the safety and sanitary regulations required by Regulations of the Commissioner and other public authorities. An annual inspection shall be made by the school physician or nurse and the school administrator to determine any unsafe or unsanitary conditions within the schools.

The practice of safety will also be considered an integral part of the instructional program through fire prevention activities, emergency procedures and drills, driver education, playground safety education, and bicycle, traffic and pedestrian safety education.

Each principal will be responsible for the supervision of a safety program for his/her school.

General areas of emphasis in the safety program will include, but not be limited to, in-service training, plant inspection, fire prevention, accident record-keeping, driver and vehicle safety programs, emergency procedures and drills, and traffic safety problems relevant to students, employees and the community.

Instruction in courses in technology, science, home and career skills, art and physical education, health, and safety shall include and emphasize safety and accident prevention.

Safety instruction shall precede the use of materials and equipment by students in applicable units of work in the courses listed above, and instructors shall teach and enforce all safety set up for the particular courses. These shall include the wearing of protective eye devices in appropriate activities. In addition, all teachers shall ensure appropriate safety measures and safety education for any activity in which a potential hazard may exist.

Education Law Section 408-409(a)
8 New York Code of Rules and Regulations
(NYCRR) Sections 107 and 155

8211 Prevention Instruction
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 11/30/05

The Canandaigua Board of Education recognizes the need to educate students on the hazards of alcohol, tobacco and/or drug abuse, and shall provide instruction that will inform students of:

a)Causes for substance abuse;

b)Physical and psychological damage associated with substance abuse;

c)Avoidance of alcohol, tobacco and drugs.

d)Dangers of driving while under the influence of alcohol or drugs.

Education Law Section 804
8 New York Code of Rules and Regulations
(NYCRR) Section 135.3a

AIDS Instruction in Health Education

The Board of Education shall provide a health education program that will include appropriate instruction for all students concerning Acquired Immune Deficiency Syndrome (AIDS). Accurate information concerning the nature of the disease, methods of transmission, and means of prevention shall be provided in an age-appropriate manner, and shall be consistent with community values, and will stress that abstinence from sexual relations is the most appropriate and effective premarital protection against AIDS.

If significant changes are considered regarding AIDS instruction, a representative community advisory group consisting of appropriate school personnel, school board members, parents, religious representatives, and other community members shall be established in order to make recommendations for curriculum content, implementation, and evaluation of an AIDS instructional program. Appropriate training will be provided for instructional staff.

No student shall be required to receive instruction concerning the methods of prevention of AIDS if the parent or legal guardian has filed with the school principal a written request that the student not participate in such instruction, with an assurance that the student will receive this instruction at home.

Emergency Planning

The School District shall maintain updated plans and operating procedures to be followed in the event of natural or manmade disasters or enemy attack. Students shall be provided instruction to respond effectively in emergency situations.

Instruction on Prevention of Child Abduction

All students in grades PreK though 8 in District schools shall receive instruction designed to prevent the abduction of children. Such instruction shall be provided by or under the direct supervision of regular classroom teachers and the Board of Education shall provide appropriate training and curriculum materials for the regular classroom teachers who provide such instruction. However, at the Board’s discretion, such instruction may be provided by any other public or private agency.

The Commissioner of Education will provide technical assistance to assist in the development of curricula for such courses of study which must be age appropriate and developed according to the needs and abilities of students at successive grade levels in order to provide awareness skills, information, self-confidence, and support to aid in the prevention of child abduction.

For purposes of developing such courses of study, the Board of Education may establish local advisory councils or utilize the school-based shared decision making and planning committee established pursuant to the Regulations of the Commissioner to make recommendations concerning the content and implementation of such courses. Alternatively, the District may utilize courses of instruction developed by consortia of school districts, boards of cooperative educational services, other school districts, or any other public or private agency. Such advisory council shall consist of, but not be limited to, parents, school trustees and Board members, appropriate school personnel, business and community representatives, and law enforcement personnel having experience in the prevention of child abduction.

AIDS Instruction: 8 New York Code of Rules and Regulations (NYCRR) Section 135.3(b)(2) and (c)(2)
Substance Abuse: Education Law Section 804
8 New York Code of Rules and Regulations
(NYCRR) Section 135.3(a)
Student Safety: Education Law Section 808
8 New York Code of Rules and Regulations
(NYCRR) Sections 107 and 155
Fire and Arson: Education Law Section 808
Civil Preparedness: New York State
Office of Disaster Preparedness
Prevention of Child Abduction:
Education Law Section 803-a

8212 Fire Drills, Bomb Threats, and Bus Emergency Drills
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 01/09/04

Fire Drills

The administration of each school building shall provide instruction for and training of students, through fire drills, in procedures for leaving the building in the shortest possible time and without confusion or panic.

Fire drills shall be held at least twelve (12) times in each school year; eight (8) of these shall be held between September 1 and December 1. At least one (1) of the twelve (12) drills shall be held during each of the regular lunch periods, or shall include special instruction on the procedures to be followed if a fire occurs during a student's lunch period.

At least two (2) additional drills shall be held during summer school in buildings where summer school is conducted and one (1) of these drills shall be held during the first week of summer school.

After-School Programs

The building principal or his/her designee shall require those in charge of after-school programs, attended by any individuals unfamiliar with the school building, to announce at the beginning of such programs the procedures to be followed in the event of an emergency.

Bomb Threats

School Bomb Threats

A bomb threat, even if later determined to be a hoax, is a criminal action. No bomb threat should be treated as a hoax when it is first received. The school has an obligation and responsibility to ensure the safety and protection of the students and other occupants upon the receipt of any bomb threat. This obligation must take precedence over a search for a suspect object. Prudent action is dependent upon known information about the bomb threat - location, if any; time of detonation; etc. If the bomb threat is targeted at the school parking lot or the front of the school, building evacuation may not be an appropriate response. If the bomb threat indicates that a bomb is in the school, then building evacuation is necessary unless the building has been previously inspected and secured in accordance with State Education Department Guidelines. Specific procedures can be found in the building level school plan, as required by Project SAVE.

The decision to evacuate a building or to take shelter is dependent upon information about where the bomb is placed and how much time there is to reach a place of safety. Prudent action dictates that students and other occupants be moved from a place of danger to a place of safety. Routes of egress and evacuation or sheltering areas must be thoroughly searched for suspicious objects before ordering an evacuation. Failure to properly search evacuation routes before an evacuation takes place can expose students and staff to more danger than remaining in place until the search has taken place. Assistance is available from local police agencies and the New York State Police to train staff to check evacuation routes.

Police Notification and Investigation

A bomb threat to a school is a criminal act, which is within the domain and responsibility of law enforcement officials. Appropriate State, county, and/or local law enforcement agencies must be notified of any bomb threat as soon as possible after the receipt of the threat. Law enforcement officials will contact, as the situation requires, fire and/or county emergency coordinators according to the county emergency plan.

Therefore, the building administrator or designee is to notify local law enforcement officials and follow established procedures to move all occupants out of harm's way.

Implementation

The Board of Education directs the Superintendent or his/her designee to develop administrative regulations to implement the terms of this policy. Additionally, such regulations are to be incorporated in the District-wide School Safety Plan and the building level school safety plan, with provisions to provide written information to all staff and students regarding emergency procedures by October 1 of each school year, an annual drill to test the emergency response procedures under each of its building level school safety plans; and the annual updating of the District-wide and building level school safety plans, by July 1, as mandated pursuant to law and/or regulation.

Bus Emergency Drills

The Board of Education directs the administration to conduct a minimum of three (3) emergency drills to be held on each school bus during the school year. The first drill is to be conducted during the first seven days of school, the second drill between November 1 and December 31, and the third drill between March 1 and April 30.

Each drill shall include instruction in all topics mandated by the Education Law and the Commissioner's Regulations and shall include, but will not be limited to, the following:

a)Safe boarding and exiting procedures;

b)The location, use and operation of the emergency door, fire extinguishers, first aid equipment and windows as a means of escape in case of fire or accident;

c)Orderly conduct as bus passengers.

Students who ordinarily walk to school shall also be included in the drills.

8 New York Code of Rules and Regulations
(NYCRR) Sections 155.17 and 156.3(h)(2)
Penal Law Sections 240.55, 240.60 and 240.62
Education Law Sections 807, 2801-a and 3623

8215 Wellness
Adoption Date: 7/11/2006, Revised: ; Non-Substantive Revision 11/02/06, Revised 11/17/07, Revised 6/26/08

The Canandaigua City School District is committed to providing a school environment that promotes and protects children's health, well-being, and the ability to learn by fostering healthy eating, physical activity and protection from environmental risks. All schools will provide nutrition education and physical education, with an emphasis on establishing lifelong habits for healthful lifestyles, and linkages among health education, school meal programs, and related community services.

The District has established a Wellness Committee to assist in the development and oversight of the Wellness Policy. The Committee represents the community’s perspective, makes recommendations regarding the activities, programs and policies in the District and provides assistance in implementation, evaluation and revision of this policy. The Committee includes, but is not limited to, representatives from each of the following groups:

a)Parents;

b)Students;

c)District food service personnel;

d)Faculty;

e)School Nurse;

f)District and building administrators;

g)Board of Education; and

h)Public entities including FF Thompson Health, YMCA, Cornell Cooperative Extension

This policy is formulated with consideration of community resources, cultural influences and the overall school environment and academic program. The Board of Education adopts the following framework relating to nutrition education, physical activity, risk avoidance, and other school-based activities.

The Board recognizes that wellness encompasses a broad range of areas including emotional, mental, social, and spiritual wellness and will endeavor to include such areas in the future work of the committee.

Nutrition Education

The District will provide nutrition education to facilitate the voluntary adoption of healthy eating habits and other nutrition-related behaviors conducive to health and well-being by establishing the following standards:

a)Nutrition education in the District will meet or exceed the New York State PreK-12 Standards. The school program will provide students with the knowledge they need to adopt healthful lifestyles. Nutrition education will be well-integrated within a comprehensive school health education program and include instruction that helps students learn more about the importance of various food groups; caloric, sugar and fat intake; healthy cooking methods; the recognition of the role media plays in marketing and advertising foods and beverages; and the relationship of a balanced diet and regular exercise to maintaining a healthy body.

b)As a general practice, food should not be used as a reward or punishment.

c)The District food service program will be an integral part of the nutrition education curriculum through a collaboration of food service personnel and classroom teachers in planning and promoting nutrition within the curriculum and the entire school community.

d)Grades 7-12 health education teachers will hold NYS Certification in Secondary Health. PreK-6 teachers will be provided on-going professional development to effectively deliver quality nutrition education.

e)Schools will provide information to parents to help them promote and incorporate healthy eating into their children’s lives.

f)The District will promote healthy eating to agencies that service youth in the community.

Physical Activity

The District will provide opportunities for every student to develop the knowledge and skills for specific physical activities, to maintain physical fitness, to regularly participate in physical activity, and to understand the short-term and long-term benefits of a physically active and healthful lifestyle by establishing the following standards:

a)Schools will ensure that every student from kindergarten through twelfth grade receives regular, age-appropriate, quality physical education that meets or exceeds New York State requirements.

b)Physical education will be designed to build interest and proficiency in the skills, knowledge and attitudes essential to a lifelong physically active lifestyle. It should include providing information, fostering a positive atmosphere, encouraging self-discipline, developing motor skills, and promoting activities that can be carried out over the course of students’ lives.

c)As a general rule, participation in/or non-participation in physical education classes or recess activities should not be used as a reward or as punishment.

d)Through the use of adaptive physical education and modified physical education classes, all special needs students will receive instruction with appropriate physical activities. The District Professional Development Plan will include on-going training for physical education teachers and coaches in the appropriate use of physical activities for children with special needs.

e)The district will follow established guidelines related to teacher/student ratios.

f)Grades PreK-5
All PreK-5 students shall be provided with a daily recess period.
Physical education classes will meet or exceed the time requirements for New York Stat for these grade levels (Section 135.4(c) of the Commissioner Regulations).
No hand-held video games, iPods, MP3 players, cell phones, etc., will be allowed during recess time.

g)Grades 6-12
Students will meet or exceed the Commissioner’s Regulations (100.4) by participating in their regular physical education classes as scheduled. At least 75% of the time in physical education class will be spent in moderate to vigorous activity.
The school will provide a structured intramural program for Grades 6-12.

h)Physical activity outside physical education classes:
Classroom teachers are expected to routinely plan for inclusion of light to moderate physical activities during transition periods within their classrooms. The District will provide on-going professional development in this area as stated in the District’s Professional Development Plan.
Yearly parent education programs will promote encouragement of safe walking or biking to school. Involvement from local law enforcement will be sought to increase patrol during arrival/departure from school.
Schools will provide information to parents to help them promote and incorporate physical activity into their children’s lives.

Environmental Risks

The District will promote practices that protect students from environmental risks such as excessive sound, exposure to pollutants, pesticides, and other hazards.

Hand Washing

Hand washing is recognized as a safe, effective measure for preventing the spread of disease and preserving wellness. Hand washing equipment and supplies shall be in a convenient location. Students shall be instructed in and encouraged to engage in proper hand washing practices.

Nutrition Guidelines

The purpose of the school food service program is to provide nutritional, low cost meals to students that model healthful eating. Therefore, the Board of Education requires that nutrition guidelines as outlined in this policy be met for all foods provided by District programs on school campus during the school day. The goal is to encourage healthful lifelong eating habits by providing foods that are high in nutrients, low in fat and added sugars, and of appropriate portion size.

Nutritional Values of Foods and Beverages

a)All food service full-meal offerings will meet or exceed the program requirements and nutrition standards of the National School Breakfast and Lunch Program as follows:

1)Calories from total fat—30% or less
2)Calories from saturated fat –10% or less
3) Total additional sugar—17 grams or less
4) Sodium—650 milligrams

b)Food Service shall offer a choice of at least three (3) fruits and/or non-fried vegetables at meals.

c)Whole grains will be offered as a part of or in addition to all school food service meals.

d)Beverages— School food service will offer only water, low fat or fat free milk, 100% juice that contains no high fructose corn syrup, and unsweetened iced tea. The following beverages will not be allowed to be sold on school campuses by food service: soda, sweetened iced teas, fruit-based drinks that contain less than 100% juice, beverages with artificial sweeteners.

e)Nutrition information for products sold on campus by the school food service or through vending machines will be readily available near the point of purchase.

f)Classroom teachers should be mindful of food provided for class celebrations and whole class snacks. A list of recommended foods will be made available to staff and parents.

g)Only vending machine contracts that meet this policy’s nutrition standards will be signed and used.

Individual Items

Snack items in vending machines shall be limited to fruits, vegetables and whole grain items which meet USDA standards. Beverages sold in all vending machines available to students will follow guidelines as outlined in this policy.

Individual items sold directly by food service will meet the following portion guidelines:

Grades PreK – 5 Grades 6-12
Frozen Desserts/Ice Cream 3 oz. 4 oz.
Low Fat or Non-Fat Milk 8 oz. 12 oz.
Whole Grain Snacks 2 oz. 2 oz.
Baked Goods 3 oz. 3 oz.
100% Fruit Juice 6 oz. 12 oz.

School-based Activities

The District wishes to establish a school environment that presents consistent wellness messages and is conducive to healthy eating and physical activity for all. In order to present a coordinated school approach where District decision-making related to nutrition and physical activity encompasses all aspects of the school. The following standards have been established to achieve this goal:

a)School nutrition programs:
Use of an accounting system that protects the identity of students who eat free and reduced price meals.
Accommodate special dietary needs and offer culturally sensitive meal options, where possible.
Use of the Wellness Committee for consultation regarding menu choices.

b)Meal environment standards:
Lunch periods shall be scheduled as close to the middle of the school day as possible.
Meal periods shall be long enough for students to eat and socialize with their friends.
Serving areas shall be designed so that students do not have to spend excessive time waiting in line.

Dining areas shall be attractive and have sufficient space for seating that honors the need for social interaction with peers.

Social interaction among students and between students and adults shall allow for volunteers, parents, and community members to model for students.

Hand washing shall be required for children Grades PreK-5 for all students prior to lunch and encouraged throughout the day.

c)All fundraising projects which involve selling of foods on school campus during the school day shall be approved by the Board of Education and shall follow this policy’s nutrition guidelines. The Board encourages the sale of whole foods such as a fruit sale.

Child Nutrition and WIC Reauthorization Act of 2004
Public Law Section 108-265 Section 204
Richard B. Russell National School Lunch Act
42 United States Code (USC) Section 1751 et seq.
Child Nutrition Act of 1966
42 United States Code (USC) Section 1771 et seq.
7 Code of Federal Regulations (CFR) Section 210.10

8220 Counseling Program
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 5/05/03, Non-Substantive Revision 11/30/05

A District plan for the K-12 counseling program shall be filed in the District office and made available for public review. This plan shall be subject to annual review and revised as necessary in the following areas:

a) Identification of counseling program objectives;

b) Activities to accomplish the objectives;

c) Identification of staff members and other resources to accomplish the objectives; and

d) Provisions for the annual assessment of program results.

A coordinated counseling program in grades K-6 shall be developed and implemented to:

a)Prepare students to participate effectively in their current and future educational programs;

b) Help those students exhibiting any attendance, academic, behavioral or adjustment problems;

c) Educate students concerning avoidance of child sexual abuse; and

d) Encourage parental involvement.

A coordinated counseling program in Grades 7-12 shall be developed and implemented for the purpose of helping students develop a vision of their highest potential and set their sights on goals leading towards fulfillment of that potential.

The counseling program shall include the following activities and services:

a) Each student’s educational progress and career plans will be reviewed annually;

b) Instruction at each grade level to help students learn about various careers and career planning skills;

c) Other advisory and counseling assistance which will benefit students such as: helping students develop and implement postsecondary education and career plans; helping those students who may exhibit any behavioral or adjustment problems; and encouraging parental involvement; and

d) Employment of personnel certified or licensed as school counselors.

8 New York Code of Rules and Regulations
(NYCRR) Section 100.1

8225 Career and Technical (Occupational) Education
Adoption Date: 6/10/2004

The Board of Education recognizes the need for career and technical education and reaffirms its policy of strengthening the local high school career and technical education and support for the BOCES Vocational Technical Education program (VoTech).

Equal Opportunity

The Board of Education prohibits discrimination in any career and technical education program or activity of this District in compliance with District Policy 3030 - Equal Opportunity.

The career and technical education program and/or activities shall be readily accessible to students with disabilities.

Prerequisites for admission to the BOCES VoTech Program can only be established by the Board of Education. All students who meet such prerequisites and abide by District attendance and discipline guidelines are eligible to attend the VoTech Program.

BOCES Advisory Council

In accordance with Education Law, the Advisory Council of the BOCES is designated as the local Advisory Council for career and technical education in the School District.

Civil Rights Law Section 40-c
Education Law Article 93
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.2(h) and 141 et seq.
Executive Law Section 290 et seq.

8230 Summer School Driver Education Program: Registration Priorities
Adoption Date: 12/10/1998

In the summers that the Canandaigua City School District offers a Driver Education Program the registration of students will be accomplished through the use of the following priority list:

First Priority: Residents of the Canandaigua City School District who will be seniors in September.

Second Priority: Residents of the District who will be juniors in September.

Third Priority: Non-resident students who are summer residents in Canandaigua and whose parent/guardian own real property in the District.

Exceptions to the priorities listed above may be made for unusual cases at the discretion of the Driver Education Coordinator with the approval of the Academy Principal.

8231 Non-Traditional Course Credit
Adoption Date: 12/10/1998

The Board of Education recognizes the value of non-traditional academic experiences and that under certain circumstances non-traditional course credit may be appropriate for high school courses. It is the policy of the Board of Education to approve non-traditional course credit when the following criteria are met.

a)Proposals for non-traditional course credit are submitted for approval at least ten (10) days prior to the beginning of study. The Academy Principal shall be the Board’s designee for approving such credit. Such approval shall be in writing.

b)Non-traditional credit may be approved for independent studies when such studies are supervised by an appropriately certified member of the District staff and are required to complete a sequence or to meet a graduation requirement when scheduling difficulties prohibit a student from completing that sequence or meeting that requirement through the normal course selection procedure. Independent studies may also be considered for unusually gifted students who are going beyond the course of study ordinarily offered by the Academy. It is the obligation of the student in partnership with a member of the Academy staff to propose the independent study. The Academy Principal will have the authority as Board of Education designee to approve such independent studies.

c)Non-traditional credit may be approved when a student is enrolled in an approved program with an accredited college or university. In cases where dual enrollment is meant to be part of the sequence, credit by examination standards must be met.

d)Non-traditional credit may be approved when credit by examination requirements are met. Students may challenge Regents examinations as per current regulations. The student must file an intent to seek credit by examinations by October 31 for first semester courses and by March 1 for full year and second semester courses.

e)The Board of Education will not assume responsibility for additional expenses incurred in the pursuit of non-traditional course credit.

8240 Controversial Issues
Adoption Date: 12/10/1998

Controversial issues may be studied as part of the curriculum and teachers shall present these issues in their classrooms in an impartial and objective manner.

Teachers wishing to call upon outside speakers in the presentation of controversial issues are required to obtain the approval of the Principal who shall keep in mind the obligation for presenting opposing views as well, and who shall inform the Superintendent prior to the presentation.

It is recognized that parent/guardian and citizens of the community have a right to protest to the school administration when convinced that unfair and prejudiced presentations are being made by the teacher. In considering such protests, the Superintendent of Schools shall provide for a hearing so that both parties may fairly express their views. If requested, the Superintendent’s decision may be appealed to the Board of Education.

8250 Evaluation of the Instructional Program
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 3/03/04, Non-Substantive Revision 11/30/05, Non-Substantive Revision 3/06/06

Evaluation of the instructional program may be concerned with the extent to which: (1) each student achieves in accordance with his/her ability; (2) each staff member performs at full potential; (3) the total learning environment, including institutional processes, physical facilities, and the education program, remains consistent with the needs of students and the larger society and contributes to the accomplishment of the District Commencement Outcomes and New York State Standards.

The Board of Education expects staff members to maintain a continual program of evaluation at every level to determine the extent of progress toward the commencement outcomes. The Board of Education will periodically request the Superintendent to present information which it considered necessary to evaluate the effectiveness of the school system.

The Board of Education shall direct a continuing evaluation of the curriculum as part of a program of instructional improvement. All aspects of the curriculum shall be subjected to a searching and critical analysis in an attempt to improve the learning and growth of students.

The administrative staff shall evaluate the curriculum in a systematic manner, involving school personnel and others as appropriate. The Council for Instructional Excellence will oversee the Curriculum Management Process. Each subject area shall be reviewed a minimum of once every seven (7) years.

The administrative staff shall make periodic recommendations for action by the Board.

Education Law Section 1709

8300 Instructional Materials

8310 Selection of Library and Audio-Visual Materials
Adoption Date: 12/10/1998

The Board of Education affirms the Library Bill of Rights of the American Library Association and agrees that the responsibility of the school library is:

a) To provide materials that will enrich and support the curriculum, taking into consideration the varied interests, abilities, and maturity levels of the students served.

b)To provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards.

c)To provide a background of information which will enable students to make intelligent judgments in their daily life.

d)To provide materials on opposing sides of controversial issues so that young citizens may develop, under guidance, the practice of critical reading and thinking.

e)To provide materials representative of the many religious, ethnic, and cultural grounds and their contribution to our American heritage.

f)To place principle above personal opinion and reason above prejudice in the selection of materials of the highest quality in order to assure a comprehensive collection appropriate for the users of the library.

g)To provide reading materials for leisure based on student interest.

In interpreting these principles, the following will apply:

a)Broad and varied collections will be developed systematically by the librarian and the audio-visual specialist, on recommendations of the professional staff and suggestions of students and parents/guardians. Final approval will be made by the Building Principal.

b) Qualitative standards of selection involving factual accuracy, authoritativeness, artistic quality and appeal will be applied by librarians and audio-visual specialists before purchases are made.

c)Materials will not be excluded because of the race, nationality, political opinions or religious views of the author.

d)Materials will be continuously re-evaluated in relation to changing curriculum and instructional needs. Worn out, out-dated materials will be discarded.

8320 Instructional Materials
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 3/10/04

The Board of Education is legally responsible for the approval and purchase of instructional materials used in the School District.

The materials selected should support the philosophy and goals of the District and they should respond to the diverse needs of students and the requirements of the curriculum.

The Board delegates the responsibility for the selection of instructional materials to the professionally trained personnel of the District in accordance with the guidelines and criteria established in the administrative regulations.

I. Definitions

“Library Media” – Those print and nonprint instructional materials procured by the library and used to support the instructional process within the school.

“Audiovisual Material” – Those nonprint materials used to support instruction within the school and including cassettes, filmstrips, videotapes, disks, records.

“Basic Textbooks” – Those books or systems of published materials used as the primary source (materials and guides) of instruction; they are generally provided on the basis of one for each student in the classroom.

“Supplementary Textbooks” – Those books or instructional materials which are used for remedial and enrichment purposes to supplement the basic textbooks; they are usually provided to students on the basis of less than one for each two students.

“Electronic Material” – Information and materials that are available through the Internet, CD ROM or other electronic means.

II. Selection Procedures

A. Textbooks

1. Criteria of Selection

a. The textbook selected shall correlate with District goals and objectives, conform with appropriate New York State syllabi, and conform with District and/or departmental courses of study.

b. A District textbook evaluation rating sheet shall include content, organization and style, and physical features. Additional criteria which are specific to the content area may be defined by the Selection Committee, discussed below. The rating sheet will be maintained and updated by the District Council for Instructional Excellence.

c. The search procedure should be completed by April 15th for first semester implementation and by October 15th for second semester implementation, whenever possible. These deadlines allow adequate time for approval and procurement of materials.

2. Evaluation Process

a. A Selection Committee of at least three (3) staff members shall be designated by the building principal or the Assistant Superintendent for Instruction, as appropriate. The Committee shall be chosen from teachers, librarians, supervisors, and department chairpersons who are familiar with the course of study, school or District needs, and materials current in use. Teachers above or below the grade level should be included to provide program coordination.

b. The Selection Committee should choose several textbooks which should be rated by each Committee member and a variety of members of the department or teachers of the level being considered.

c. Final selection shall be made by the Selection Committee. A pilot program should be considered in cases of large-scale adoption.

3. Approval and Implementation Process

a. The Textbook Recommendation and Approval Form shall be completed by the chairperson of the Selection Committee and signed by at least three (3) members. The form shall be submitted to the building principal along with the completed Textbook Evaluation Rating Sheet.

b. In-service programs should be planned for those teachers directly concerned with the utilization of newly-acquired materials.

c. Approval is required by the principal, Assistant Superintendent for Instruction, Superintendent, and the Board of Education.

B. Library Media

1. Materials for the school library media center shall be selected by the library media specialists with suggestions from administrators, faculty, and students.

2. The primary goal of materials selection is to implement, enrich, and support the educational program of the school. Specific objectives include the development of reading skills, literacy and aesthetic appreciation, discrimination in the choice of materials, and instruction in the use of books in the libraries. There shall be the fullest practical provision of materials that present varying points of view and social systems.

3. The following criteria for the evaluation and selection of materials are used. Criteria for print materials include presentation, physical format, educational significance, readability, authenticity, artistic quality and/or literary style, and factual content. Criteria for audiovisual materials and electronic materials include consistency with local curriculum, authenticity, format, technical quality, treatment, arrangement, durability, and aesthetic quality. Standard selection tools are used.

III. Review Process for Challenged Instructional Materials

A. Challenged material is defined as library media, audiovisual materials, electronic materials, basic textbooks or supplementary textbooks which an individual or group judges inappropriate for instructional use and for which restrictions on use are requested.

B. During the review process the challenged material shall not be removed or generally restricted from student use.

C. If the complainant is the building principal, an administrative designee shall be appointed to act in his/her behalf throughout the process.

D. The complainant shall meet with the building principal and appropriate staff members (library media specialist and/or classroom teacher) in an attempt to resolve the issue. If necessary, the Request-For-Review Form shall be provided.

E. Upon receipt of the Request-For-Review Form, the principal shall inform the Superintendent of the challenge and shall appoint a committee to recommend a resolution. The Committee shall be constituted as follows:

1. The Assistant Superintendent for Instruction to act as Chairperson.

2. Two library medial specialists.

3. Two classroom teachers, chairpersons or supervisors from the appropriate department or grade level.

4. A community representative.

F. Every reasonable effort shall be made to resolve the challenge at the building principal level within three weeks of receipt of the Request-For-Review Form.

G. The Committee’s activities shall include, but not be limited to the following:

1. Review the Request-For-Review Form.

2. Examine appropriate curriculum guides.

3. Read/view material in its entirety.

4. Read reviews of the material.

5. Discuss the challenge with the complainant.

H. The Committee shall judge the material based on accepted selection criteria and goals included in various sections of this document. The material shall be judged as a whole and not on selections out of context.

I. The Committee shall provide the principal or his/her designee with a written report that will include a summary of the Committee’s activities, a recommendation, and explanatory rationale.

J. The principal or his/her designee shall review the report and issue a decision on the challenged material. A written report shall be submitted to the complainant, members of the Committee, and the Superintendent. This decision may be appealed in writing to the Superintendent’s Office within five (5) working days. Within fifteen (15) days of receipt of the appeal, the Superintendent shall review the challenged material and committee report and render a written decision. Further appeal to the Board of Education may be made in writing with five (5) working days of receipt of the Superintendent’s decision. The Board of Education shall review the challenged material and prior reports, and issue a written decision with forty (40) business days of receipt of the appeal.

8321 Academic Freedom/Teacher Selection of and/or Teacher Supplies
Adoption Date: 12/10/1998, Revised: 3/8/2007

The Board of Education recognizes the right of the teacher to provide information that will enrich and support the curriculum while, at the same time, taking into consideration the needs of the individual student, especially as it regards the diversity of learning styles, varied interests, abilities and maturity levels of students. Classroom discussion and/or selection of supplemental instructional materials by the teacher must be of educational merit, be aligned to the appropriate curriculum and/or course of study, and reflect the diverse needs of the students served.

Further, the Board believes that such academic freedom also carries with it educational responsibility that is determined by the basic philosophy, goals, and policies of the School District. While the Board is opposed to unrestricted censorship or restraint that interferes with the educational responsibility of the classroom teachers, the Board also expects that controversial issues will be presented in a fair and unbiased manner, without undue pressure of coercion by the classroom teacher to impose his/her opinion on the students.

Use of Electronic Media in Classroom Instruction

Electronic media is defined as video tapes, films, DVDs, computer generated media or any such instructional materials which may be generated electronically.

Teachers who wish to use electronic media in classroom instruction must follow established administrative regulations. Additionally, teachers who wish to utilize video tapes and/or films in their classroom must not use such purchased or rented visual technology resources which are marked “For Home Use Only.” Teachers are authorized to use for classroom instruction and are responsible for securing only visual technology resources which are designed for public performance, or for which permission for public performance has been obtained. When such resources are not selected from designated curriculum guides utilized by the school, prior to such use, teachers must report to their building principal/designee, of their intention to use such materials in the classroom.

Implementation

The Board of Education directs the Superintendent/designee to develop administrative regulations to implement the terms of this policy. Further, the District shall ensure that its administrative/instructional personnel shall be aware of District policy and regulations pertaining to this topic.

Education Law Section 1709(3)

8325 Use of Electronic Media
Adoption Date: 6/10/2004

The Board of Education encourages the appropriate use of electronic instructional media (e.g. videos, DVDs, web-based products, etc.)

The Board believes instructional time is precious. All use of electronic media shall be standards-based and consistent with highly developed lesson plans. Care should be taken to avoid inappropriate or over use of such media. In addition, teachers should not use materials with a media rating inappropriate for their student-age level, i.e., G, PG-13. Any use of “R” rated material requires the prior approval of the building principal.

The administration shall consistently evaluate the use of electronic media as part of a total approach to effective teaching and learning and shall support such usage and guide teachers in the event such use is inappropriate.

8330 Textbooks, Workbooks & Other Instructional Items
Adoption Date: 12/10/1998, Revised: 4/27/2006

The school will provide all textbooks and workbooks at no cost to the student.

a)Students will be charged a fee for books and/or instructional items they lose or damage. All fees collected will be deposited in the General Fund.

b)Students who lose or damage a book to a condition where the book is no longer usable will be required to pay the replacement cost of the book if the book is one year old, 75% if it is two or three years old, 50% if it is four or five years old, and 25% thereafter.

c)If a student damages a book in a way that the book must be rebound, the charge to the student will be $5.00.

d)Students may be loaned various instructional items such as calculators, musical instruments, athletic uniforms, etc. The availability of such instructional items may vary from year to year depending on financial resources and program needs.

e)Students who lose or damage any instructional item to a condition where it is no longer usable will be required to pay the replacement cost of the item if it is one or two years old, 75% if it is three to four years old, 50% if it is six to eight years old, and 25% thereafter; except if the item can be repaired, in which case the student will be required to pay the full repair cost by no more than the percentage listed for replacement.

f)The Board may allow students to keep textbooks, workbooks or other printed material that are judged to be no longer useful to the School District or are a part of a full-school assignment, and thus appropriate for ongoing study.

8331 Textbooks for Resident Students Attending Private Schools
Adoption Date: 12/10/1998

Resident students attending private schools will be supplied non-sectarian textbooks substantially equivalent in cost to the value of textbook expenditures for students in the public schools of the Canandaigua City School District.

Education Law Section 701

8335 Animals in the School (Instructional Purposes)
Adoption Date: 7/1/2005, Revised: ; Non-Substantive 1/20/15

The Board of Education, in recognizing the educational uses of animals in the classroom, requires that permission be obtained from the Building Principal before animals are brought into the school or classrooms. It is the Principal's responsibility to ensure that there is an appropriate educational purpose if any animal is housed in a classroom. Animals are not to be transported on school buses with the exception of animals certified to assist persons with disabilities.

Study and Care of Live Animals

Any school which cares for or uses animals for study shall ensure that each animal in the school be afforded the following:

a) Appropriate quarters;

b) Sufficient space for the normal behavior and postural requirements of the species;

c) Proper ventilation, lighting, and temperature control;

d) Adequate food and clean drinking water; and

e) Quarters which shall be cleaned on a regular basis and located in an area where undue stress and disturbance are minimized.

Only the teacher or those students designated by the teacher are to handle the animals.

It shall be the responsibility of the Principal or his/her designee to develop a plan of care for those animals housed in school in the event of an emergency school closing or in the event the animals remain in the classroom on days when school is not in session.

Instruction in the Humane Treatment of Animals

Students must receive instruction in the humane treatment and protection of animals and the importance of the part they play in the economy of nature as well as the necessity of controlling the proliferation of animals that are subsequently abandoned and caused to suffer extreme cruelty.

This instruction may be joined with work in literature, reading, language, nature study, or ethnology.

Dissection of Animals

Any student expressing a moral or religious objection to the performance or witnessing of the dissection of an animal, either wholly or in part, shall be provided the opportunity to undertake and complete an alternative project approved by the student's teacher; provided, however, that such objection is substantiated in writing by the student's parent or legal guardian. Students who perform alternative projects shall not be penalized.

Americans with Disabilities Act,
42 United States Code (USC) Section 12101 et. seq.
Education Law Section 809
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(c)(8)

8340 Use of Copyrighted Materials
Adoption Date: 12/10/1998

It is the intent of the Board of Education to abide by the provisions of the United States Copyright Law (Title 17 United States Code Section 101 et seq.).

All employees are prohibited from copying materials not specifically allowed by the copyright law, fair use guidelines, licenses or contractual agreements, or the permission of the copyright proprietor.

Any employee who willfully disregards the copyright policy shall be in violation of Federal Copyright Laws and District policy and shall assume all liability.

A copyright officer will be appointed by the Superintendent to provide information for all personnel regarding current copyright law and to maintain copyright records.

Regulations and procedures shall be developed by the administration detailing what can and cannot be copied. Appropriate copyright notices will be placed on or near all equipment used for duplication.

Title 17 United States Code (U.S.C.)
Section 101 et seq.

8360 Programs and Projects Funded by Title I
Adoption Date: 12/10/1998

Parental Involvement

The Board of Education recognizes the rights of parents/guardians to be fully informed of all information relevant to their children who participate in programs and projects funded by Title I. The District shall ensure parental involvement in these programs and projects by:

a)Providing such support for parental involvement activities as required by law;

b)Convening an annual meeting to which all parents/guardians of participating children shall be invited;

c)Providing parents/guardians with reports on their children’s progress;

d)Providing opportunities for regular meetings of parents/guardians.

In addition to the above, the District shall, jointly and in agreement with parents of students receiving Title I services, establish expectations for parent involvement in Title I programs in accordance with Section 1118(a) of the Improving America’s Schools Act of 1994. Similarly, each Title I school within the District shall establish building level school/parent involvement policies in accordance with Section 1118(b). Such school/parent polices shall include, where applicable, school-parent compacts outlining how parents, the entire school staff, and students will share the responsibility for improved student achievement and the means by which the school and parents will build and develop a partnership to help students achieve the state’s high standards.

Comparability of Services

The School District shall ensure equivalence among the schools in the District of the same grade span and levels of instruction with regard to teachers, administrators and auxiliary personnel as well as equivalence in the provision of curriculum materials and instructional supplies in Title I programs.

Title I of the Elementary and Secondary
Education Act of 1965, as amended by the
Improving America’s Schools Act of 1994
20 United States Code (U.S.C.) Section 6301 et seq.
34 Code of Federal Regulations (CFR) Part 75

8400 Instructional Arrangements

8410 Field Trips and Excursions
Adoption Date: 12/10/1998, Revised: 11/29/2007; Non-Substantive Revision 10/08/04, Revised 2/12/09; 11/19/15

Curricular Field Trips

Field trips designed to stimulate student interest and inquiry and provide opportunities for social growth and development are considered appropriate extensions of the classrooms. To the extent that they provide the most effective means for accomplishing general curriculum objectives of the Canandaigua City School District, field trips may be authorized by the building principal with the exception that field trips which will extend overnight must be approved by the Superintendent and the Board of Education.

To be educationally beneficial, a field trip requires thoughtful selection, careful advance preparation of the class, and opportunities for students to assimilate the experience during and at the conclusion of the trip. To this end, teachers and principals will be expected to consider the following factors in selection of field trips:

a) Value of the activity to the particular class group or class groups;

b) Relationship of the field trip activity to a particular aspect of classroom instruction;

c) Suitability of the activity and distance traveled in terms of the age level;

d) Mode and availability of transportation;

e) Safety of students and supervisors; and

f) Cost.

Parents/guardians must be apprised of all pertinent information concerning the field trip and a separate parental permission slip is required for each student participating in each trip.

The Superintendent shall prepare procedures for the operation of a field trip activity. Field trip support shall be determined annually by the Board during its budget deliberations. Regardless of the fiscal support for field trips, the rules of the School District for approval and conduct of such trips shall apply.

Excursions

Excursions are defined as travel from a student's assigned building to another district-owned facility or nearby community facility directly connected to the school program. They are considered a part of the regular school program (Example: grades 3-5 swimming at the Academy). Parents/guardians must be apprised of all excursions that involve students leaving their assigned building. Parental permission slips are not required. The district does not support overseas trips. On rare occasions and with approval, the Board of Education will consider trips within driving distance to Canada.

Extra-curricular Field Trips

Extra-curricular Field Trips are designed to stimulate student interest, provide opportunities for alternative competitions, instruction/training, and team building and are considered appropriate extensions of the normal extra-curricular program. Day trips may be authorized by the building principal/Athletic Director. All overnight and out of state trips must be recommended by the Superintendent and approved by the Board of Education. The district does not support overseas trips. On rare occasions and with approval, the Board of Education will consider trips within driving distance to Canada.

Teachers, coaches, and administrators will be expected to consider the following factors in the selection and planning of field trips:

a.)Value of the trip and accomplishing the program objectives;

b.)Missed school days and instructional time;

c.)Suitability to the activity and distance traveled;

d.)Mode and availability of transportation;

e.)Number and qualifications of chaperones required;

f.)Safety of students and supervisors; and

g.)Cost and fund raising required.

Students are expected to adhere to the school rules and act as mature adults at all times.

Parents/guardians must be apprised of all pertinent information concerning the field trip and a separate parental permission slip is required for each student participating in each trip.

The Superintendent shall prepare procedures for the planning and approval of all field trip activity. It is understood that the costs of extra-curricular field trips are not normally included in the budget of the District.

Cancellation

The Superintendent/designee may cancel previously approved field trips and/or excursions due to extenuating circumstances.

8411 Transportation to and from School-Sponsored Events
Adoption Date: 12/10/1998, Revised: ; Revised 11/29/2007, Non-Substantive Revision 10/08/2004, Revised 2/12/2009

The District will provide transportation for students participating in interscholastic competition and/or students attending District sponsored educational field trips, in most cases. Students are required to use District transportation when participating in these events, unless specific approval is granted otherwise. The administrator or designee shall require written application from the parent/guardian for approval of alternate transportation to the event. (8411F)

Transportation From an Event by Parent/Guardian

At the conclusion of the event, the person responsible for the event and/or activity (e.g., coach, advisor, teacher, etc.) may release a student to the parent/guardian for transportation home upon the written confirmation from the parent/guardian. It is understood that the person responsible for the event may choose to have all participants travel home together in District provided transportation for team-building purposes.

Transportation From an Event by Someone Other Than Parent/Guardian

The person responsible for the event and/or activity (e.g., coach, advisor, teacher, etc.) may release a student to a designee (i.e., someone other than Parent/Guardian) for transportation home at the conclusion of the event only with a written request from the parent/guardian received prior to the event. It is understood that the person responsible for the event may choose to have all participants travel home together in District provided transportation for team-building purposes.

No Transportation Provided

In rare circumstances, the District may not provide transportation. Under these circumstances, written application from the parent/guardian prior to the event and administrative approval are also required. (8411F)

The Superintendent will develop Regulations for this policy as needed.

8470 Home Instruction (Home Schooling)
Adoption Date: 9/28/2006

From time to time, parents will choose to instruct their children at home. The School District will attempt to cooperate with parents who wish to provide home schooling for their children realizing that the child who is educated at home should receive an education in a manner consistent with an educational plan and at least substantially equivalent to that given to students of like age and attainments in the local public schools. The required subjects should be taught in a competent, systematic, and sequential manner, specifically in relation to the required courses as enumerated in Commissioner's Regulation Section 100.10.

Provision of Services to Home-Instructed Students

Home instruction students are not awarded a high school diploma. A high school diploma may only be awarded to a student enrolled in a registered secondary school who has completed all program requirements set by the Board of Regents, the school or the District.

a) Extracurricular Participation

Home instruction students are not eligible to participate in interscholastic sports. Commissioner's Regulations mandate that only students enrolled in the public school are allowed to participate in interscholastic sports. Further, the District does not permit home-instructed students to participate in any extracurricular activities.

b) Textbooks and Materials

The District is not required to loan available textbooks and other materials to home-instructed students. However, the School District may provide home-instructed students with such textbooks upon request.

c) The School District is not required to furnish health services.

d) The District is not responsible for providing remedial programs.

8500 Programs for Students with Disabilities

8510 Special Education: District Plan
Adoption Date: 12/10/1998, Revised: ; Non-Substantive Revision 11/19/03, Non-Substantive Revision 10/25/04, Non-Substantive Revision 12/14/05

A District plan shall be developed and updated every two (2) years describing the Special Education program in the Canandaigua City School District. The District plan shall include the following:

a)A description of the nature and scope of the special education programs and services currently available to students residing in the District, including but not limited to descriptions of the District’s resource room programs and each special class program provided by the District in terms of group size and composition;

b)Identification of the number and age span of students (school age and preschool) to be served by type of disability and recommended setting.

c)The method to be used to evaluate the extent to which the objectives of the program have been achieved.

d)A description of the policies and practices of the Board of Education to ensure the continual allocation of appropriate space within the District for special education programs that meet the needs of students and preschool children with disabilities.

e)A description of the policies and practices of the Board of Education to ensure that appropriate space will be continually available to meet the needs of resident students and preschool students with disabilities who attend special education programs provided by Boards of Cooperative Educational Services.

f)A description of how the District intends to ensure that all instructional materials to be used in the schools of the District will be made available in a usable alternative format for each student with a disability at the same time as such instructional materials are available to non-disabled students. The alternative format must meet the National Instructional Materials Accessibility Standard defined in federal law.

g)The estimated budget to support such plan.

h)The date on which such plan was adopted by the Board of Education.

i)A description of how the District plan is consistent with the special education space requirements plan for the region as developed by the Board of Cooperative Educational Services.

The District plan, with personally identifiable student information deleted, shall be filed and available for public inspection and review by the Commissioner.

20 United States Code (USC) 1474(e)(3)(B)
8 New York Code of Rules and Regulations
(NYCRR) Part 155 and Section 200.2(c)

8511 Identification and Register of Children with Disabilities (Child Find)
Adoption Date: 2/16/2006

The School District is required to locate and identify all students with disabilities who reside in the District, including students who do not attend public school. Therefore, it is the policy of the Board of Education to conduct a census in order to have all children with disabilities within its jurisdiction under the age of twenty-one (21) identified, located and evaluated, including children of preschool age, homeless children, children who are wards of the State as defined in Commissioner's Regulations and children in all public and private agencies and institutions.

Procedures must be established to locate, identify and evaluate all nonpublic elementary and secondary school students with disabilities, including religious-school children, to ensure the equitable participation of parentally placed private school students with disabilities and an accurate count of such students. The District will consult with representatives of private schools and representatives of parents of parentally placed private school students on the child find process. The District in which the nonpublic elementary or secondary school is located is responsible for child find, equitable provision of services and consultation requirements. Any such student suspected of having a disability is to be referred to the CSE of the student's district of residence for evaluation and possible identification as a student with disability.

Census data shall be reported by October 1 to the CSE/CPSE as appropriate. The CSE/CPSE will maintain and revise annually a register and related summary reports containing the data requirements indicated in Commissioner's Regulations including the number of students enrolled in private schools by their parents who are evaluated to determine if they are students with disabilities, the number of such students who are determined to have a disability and the number who received special education services.

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) and 4402(1)(a)
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.2(a) and 200.4

8515 Least Restrictive Environment
Adoption Date: 11/6/2003, Revised: ; Non-Substantive Revision 12/14/05

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:

a) Provide the special education and related services, as well as supplementary aides and services, needed by the student. The term “related services” does not include a medical device that is implanted, or the replacement of such device;

b) Provide education of the student to the maximum extent appropriate to the needs of the student with other students who do not have disabilities; and

c) Be as close as possible to the student’s home school.

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:

a) Each student with a disability shall be educated with nondisabled students to the maximum extent appropriate;

b) Each student with a disability shall be removed from the regular educational environment only when the nature or severity of the student’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and

c) To the maximum extent appropriate to the student’s needs, each student with a disability shall participate with nondisabled students in nonacademic and extracurricular services and activities.

The District shall ensure that a continuum of alternative placement, in accordance with law and/or regulation, will be available to meet the needs of students with disabilities for special education and related services. 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. Such services may include, but are not limited to, consultant teacher services and other group or individual supplemental or direct special education instruction.

Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Sections 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
State Law – 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, & 200.6

8520 Special Education Programs and Services
Adoption Date: 12/10/1998, Revised: 2/24/2005

The Board of Education recognizes its responsibility to arrange for appropriate special education programs and services to be provided to a student with a disability as recommended by the committee on special education (CSE). Within sixty (60) school days of the receipt of consent to evaluate for a student not previously identified as having a disability, or within 60 school days of the referral for review of the student with a disability, the Board of Education shall arrange for appropriate special programs and services, except that if such recommendation is for placement in an approved in-state or out-of-state private school, the Board shall arrange for such programs and services within 30 school days of the Board’s receipt of the recommendation of the committee. The parent shall be notified of the Board’s actions.

If upon review of the recommendation of a CSE or sub-committee CSE, the Board disagrees with such recommendation, the Board shall follow one of the following procedures:

The Board may remand the recommendation to the committee or subcommittee 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, revise the IEP where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the committee or subcommittee, the Board may either continue to remand the recommendation to the original committee or subcommittee for additional reviews of its objections or concerns, or establish a second committee or subcommittee to develop a new recommendation, provided that the Board arranges for the programs and services in accordance with the student’s IEP within 60 school days of the receipt of consent to evaluate for a student not previously identified as having a disability, or within 60 school days of the referral for review of the student with a disability;

second option for the Board is as follows: The Board may establish a second committee on special education or subcommittee to develop a new recommendation for the student at a meeting held in accordance with Commissioner’s regulations. If the Board disagrees with such new recommendation, the Board may remand the recommendation to such second committee or subcommittee 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 and concerns, following the same process described for remanding for reconsideration the recommendations of an original committee or subcommittee. Once it has established a second committee or subcommittee to make a new recommendation pursuant to this paragraph, the Board may not select the recommendation of the original committee or subcommittee.

All students with disabilities residing in the District shall have the opportunity to participate in School District programs, including earning a high school diploma in accordance with Commissioner’s Regulations and participating in extracurricular activities on the same basis as all other students enrolled in the public schools of the District. In addition, all students with disabilities continue to be eligible for a free appropriate public education until the receipt of a local or Regents diploma, or until the end of the school year in which the student turns age twenty-one, whichever comes first.

The Board directs that the Committee on Special Education and Committee on Preschool Special Education shall plan for the appropriate declassification of students with disabilities. Such planning shall include the regular consideration for declassifying students when appropriate, a reevaluation of the student prior to declassification, and the provision of educational and support services to the student upon declassification.

20 United States Code (U.S.C.) Sections 1400-1485,
Individuals with Disabilities Act (IDEA)
Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations
(NYCRR) Section 100.6 and 100.9
Section 200.2 (b) (1), (2), (4) and (8)
Section 200.2 (d) (1) and (2)
Section 200.4(e) (1) and (2)
Section 200.5 (a)
Section 200.6 (a)(1)

8521 Continuum of Services
Adoption Date: 1/27/2005, Revised: ; Non-Substantive Revision 12/14/05

The Board of Education directs that administrative practices and procedures shall be established to ensure that students with disabilities residing in the district have the opportunity to participate in school district programs, to the maximum extent appropriate to the needs of the students, including extra-curricular programs and activities, which are available to all other students enrolled in the public schools of the district. Each preschool student with a disability residing in the district shall have the opportunity to participate in preschool programs to the extent appropriate to the needs of the student and shall have access to general education preschool programs provided by the district which are available to all other students enrolled in the public schools of the district.

The Board further establishes that administrative practices and procedures shall be established to provide special programs and services to the extent appropriate to the needs of the student with a disability, to enable the student to be involved in and progress in the general education curriculum.

Specifically, the Board directs that each student with a disability shall be provided with appropriate special education:

1.A student with a disability shall be provided special education in the least restrictive environment, as defined in Part 200 of Commissioner’s Regulations and these policies.

2.A student with a disability shall be provided the special education services specified on the student’s IEP.

3.Students with disabilities placed together for purposes of special education shall be grouped by similarity of individual needs in accordance with the following:

a. The learning characteristics, academic needs, and fundamental performance shall be sufficiently similar to assure each student opportunities through instruction to achieve his or her annual goals on the IEP.

b. The social development of each student shall be considered prior to placement to ensure that social interaction within the group is beneficial to each student, contributes to each student’s growth and maturity and does not consistently interfere with the instruction being provided. The social needs of a student shall not be the sole determinant of group placement.

c. The levels of physical development may vary in the group, provided that each student has opportunities to benefit from instruction and that physical needs are considered prior to determining placement and are not the sole basis for determining placement.

d. The management needs may vary in the group, provided that environmental modifications and human and material resources required for any individual student in the group are provided and do not consistently detract from the opportunities of the other students in the group to benefit from instruction.

8 New York Code of Rules and Regulations
(NYCRR) Sections 200.2(b), 200.6(a) (1-3)

8522 Medication Therapy
Adoption Date: 12/10/1998

Some children with a disability may respond to treatment with medication. School District consideration of medication therapy shall only be made by a multi-disciplinary diagnostic team which includes a school psychologist in consultation with a licensed physician.Decisions regarding medication therapy are reserved to the judgment of the parent, child (when appropriate), and the family physician.No school staff member shall suggest medication therapy independent of the family physician’s recommendation.

8525 Prereferral Intervention Strategies in General Education (Prior to a Referral for Special Education)
Adoption Date: 11/6/2003, Revised: ; Non-Substantive Revision 03/12/04

The School District shall establish a plan for implementing schoolwide approaches and prereferral interventions in order to remediate a student’s performance prior to referral for special education.

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 modifications as may be necessary. In implementing prereferral 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 Prereferral/Intervention Instructional Support Plans. The District will ensure that they have a system in place, with appropriate personnel, for developing, implementing and evaluating prereferral intervention strategies.

The District will provide general education support services, instructional modifications, 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 Teams (IST) or other school-based teams, will be formed in accordance with law and/or regulations as may be applicable as well as District guidelines. The IST 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 prereferral 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 prereferral 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 operation an IST.

Prereferral/Intervention Instructional Support Plans shall be proactive in their strategies to meet the broad range of student needs and to improve student performance. Prereferral/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 prereferral/intervention instructional support services, the CSE is obligated in accordance with law to continue its duties and functions, and must meet mandatory timelines in evaluating the student for special education services and implementation of an individualized education program, if applicable.

Educational Related Support Services

Educational related support services (ERSS) means curriculum and instructional modification services; direct student support teams 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 meet speech and language improvement services as defined in Commissioner’s Regulations.

ERSS Services may be utilized as a component of any Prereferral/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 prereferral/intervention strategies as deemed necessary and/or appropriate.

Academic Intervention Services

Academy 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 prereferral 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 Prereferral/Intervention Instructional Support Plan.

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

8530 Committee on Special Education
Adoption Date: 12/10/1998, Revised: 2/24/2005

The Canandaigua City School District Board of Education shall appoint Committees and Subcommittees on Special Education in accordance with the provisions of Education Law 4408 and Commissioner’s Regulations as necessary to ensure the timely evaluation and placement of students suspected or known to have a disability:

The primary responsibilities of the Committees are:

a) To provide for the individual evaluation of a student suspected of having a disability or the re-evaluation of a student previously classified as having a disability, including input from the student’s parents and a valid assessment by a multi-disciplinary team or group of persons;

b) To determine whether the student has a particular category of disability or, in the case of a re-evaluation, whether the student continues to have such a disability;

c) To determine whether the student needs special educational services and supports or, in the case of a student previously classified, whether the student continues to need such special education;

d) To determine whether any additions or modifications to the Individual Education Plan (IEP) are necessary to meet the student’s annual goals or to enable the student to participate as appropriate in the general education curriculum;

e) To provide a recommendation to the Board of Education for a student with a disability of the appropriate special education programs and service within the least restrictive appropriate environment in a timely manner, to allow for the Board to arrange for the provision of services within sixty (60) school days of the referral for review of a student previously classified or within sixty (60) school days of the receipt for consent to evaluate for a student not previously classified;

f) To provide a recommendation to the Board for students found not to be eligible for special education, with a copy of the appropriate evaluation information and recommendation to the building administrator;

g) To develop an Individual Education Plan (IEP) which includes the student’s present levels and needs in academics, social, emotional, physical, and management areas, including a functional behavioral assessment for those students whose emotional and management needs interfere with learning, and statements of transitional needs, services, post-school outcomes and coordinated set of transition activities for those students ages 14 and above as described in policy and regulation.

h) To provide for a review of each student’s individualized education program (IEP periodically, but no less than annually;

i) To provide for the due process rights of students and parents of students with disabilities including written prior notice to parents of a student with a disability in a reasonable time before the District proposes to or refuses to initiate or change the identification, evaluation, educational placement or provision of free appropriate public education to the student. The CSE shall also provide parents of a student with a disability the procedural safeguards notice describing parents’ due process rights in the manner and at times determined by state regulations;

j) To secure written parental consent prior to the initial evaluation, initial provision of special education services and programs and initial provision of 12-month special education programs;

k) To maintain a census of students who are eligible to attend the public schools in the district and who are known to have a disability and to provide such census data and other reports on the District’s students with disabilities as are required to be submitted to the State Education Department and to the Board;

l) To report to the Board about the space needs for students with disabilities at least on a biannual basis as part of a comprehensive District Special Education Plan.

The Director of Special Programs shall be responsible to the Superintendent for establishing administrative practices and procedures for training all District personnel responsible for carrying out provisions of Part 200 of the Commissioner’s Regulations as well as members of the Committees and Subcommittees of Special Education.

Education Law Section 4402 and 4410
8 New York Codes of Rules and Regulations
(NYCRR) Sections 200.2, 200.3, 200.4 and 200.5

8530.1 Appointment and Training of Committee on Special Education (CSE)/Subcommittee on Special Education Members
Adoption Date: 11/6/2003, Revised: ; Non-Substantive Revision 10/25/04, Revised 2/16/06

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

a)The parent(s) 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 videoconferences or conference phone calls.

b)Not less than one (1) regular education teacher of such student (if the student is, or may be, participating in the regular education environment);

c)Not less than one (1) special education teacher of the student, or, where appropriate, at least one (1) special education provider (i.e., related service provider) of such student;

d)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;

e)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;

f)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;

g)Whenever appropriate, the student with a disability;

h)A school psychologist;

i) 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; and

j)An additional parent residing in the District or a neighboring school district who is a parent of a student with a disability, a parent of a student who has been declassified and is no longer eligible for an individualized education program (IEP), or a parent of a disabled child who has graduated. This parent member may serve for a period of five years beyond the student's declassification or graduation, provided that the parent shall not be employed by or under contract with the School District. Such parent is not a required member if the parents of the student request, in writing, that the additional parent member not participate in the meeting.

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:

a)The parent(s) of the student;

b)Not less than one (1) regular education teacher of such student (if the student is, or may be, participating in the regular education environment);

c)Not less than one (1) special education teacher, of the student, or where appropriate, at least one (1) special education provider (i.e., related service provider) of such student;

d)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;

e)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;

f)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;

g)An individual who can interpret the instructional implications of evaluation results, who may be a member described in letters "b" through "f" of this subheading; and

h)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.

The Director of Special 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 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.

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 4402
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.2(b)(3), 200.3, and 200.4(d)(4)(i)(d)

8531 Preschool Special Education Program
Adoption Date: 12/10/1998, Revised: 1/27/2005

The Board recognizes the need to provide special education services and programs to meet the needs of eligible preschool students with disabilities and therefore directs the Superintendent to establish administrative practices and procedures to:

a) Ensure that each preschool student with a disability residing in the district has the opportunity to participate in preschool programs;

b) Appoint and train appropriately qualified personnel, including the members and chairperson of the Committee on Preschool Special Education to carry out the functions of the Committee on Preschool Special Education;

c) Ensure that parents/person in parental relationship have received and understand the request for consent for evaluation of a preschool child.

Education Law Section 4410
20 United States Code (U.S.C.), Sections 1400-1485
Individuals with Disabilities Education Act (IDEA)
8 New York Code of Rules and Regulations (NYCRR)
Section 200.2(b) (3) and (5)

8531.2 Appointment and Training of Committee on Preschool Special Education (CPSE) Members
Adoption Date: 11/6/2003, Revised: ; Non-Substantive Revision 12/14/05

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:

a)The parent(s) of the preschool child;

b)Not less than one (1) regular education teacher of such child (if the child is, or may be, participating in the regular education environment);

c)Not less than one (1) special education teacher of the child or, where appropriate, at least one (1) special education provider (i.e., related service provider) of such child;

d)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);

e)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;

f)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;

g)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 or municipality; and provided further that such parent shall not be a required member if the parents of the child request, in writing, that the additional parent member not participate in the meeting;

h)For a child's transition from early intervention programs and services (Infant and Toddler Programs), the appropriately licensed or certified professional from the County Early Intervention Program. This professional must attend all meetings of the CPSE conducted prior to the child's initial receipt of services; and

i) A representative from the municipality of the preschool child's residence. Attendance of the appointee of the municipality is not required for a quorum.

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 Director of Special 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 Preschool Special Education.

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