3100 CONSIDERATIONS FOR WHEN JAMESVILLE-DEWITT ADMINISTRATION AND/OR BOARD OF EDUCATION RESPOND TO POLITICAL AND SOCIAL ISSUES
Purpose
The Board of Education for the Jamesville-DeWitt Central School District is committed to the success of every student in each of our schools. The district has an uncompromising commitment to excellence in preparing students to achieve and succeed, to respect themselves and others, and to practice life-long learning in an ever-changing, richly diverse global society.
The Jamesville-DeWitt Central School District stands united in support of all students and families. We are committed to providing a safe, caring, inclusive, equitable, and challenging learning environment that is free from discrimination and harassment, and to building a community that recognizes diversity as one of our greatest strengths.
We recognize that outside events have the potential to impact stakeholders in our school community including, students, staff, families, and the larger Jamesville-DeWitt community. Such events may impact students’ feelings of safety within school and during these moments the district and/or the board of education may comment on such events in an effort to reiterate and center our mission and core beliefs, to explain how the district is working to keep students and staff safe, or to provide resources for families and staff. With the understanding that the district cannot and should not make a public comment on every political or social issue or event, district leaders use the guiding questions listed below to determine if public comment is warranted.
Guiding questions to determine if public comment is warranted:
1. Belief: The district’s primary responsibility is to ensure the safety and well being of all students.
a. Does the situation create an unsafe environment for students and/or staff?
i. Does the event create a substantial disruption to the operation of the school or the district?
ii. Does the event warrant a statement that ensures the safety and well being of students in the face of political events without taking a side or providing political commentary?
iii. Does the event warrant a statement that acknowledges the situation and enumerates the steps being taken to focus on safety and support for students?
2. Belief: The district is committed to providing a safe, caring, inclusive, equitable, and challenging learning environment that is free from discrimination and harassment, and to building a community that recognizes diversity as one of our greatest strengths.
a. Does the event or situation challenge the district’s ability to maintain institutional neutrality or is there a challenge to alignment with our mission and vision?
i. Would a statement help students be accepted for who they are?
ii. Would a statement set a welcoming tone for students?
iii. Can the district speak as a unified voice?
iv. Would a statement discourage students from expressing dissenting opinions?
3. Belief: The district is often in a position to provide resources for families and staff that are helpful to navigate sensitive situations.
a. Does this situation have a substantial impact on students, staff, families or community?
b. Does the district have resources that would be beneficial for families and staff?
c. Does the district have expertise or standing in the particular topic?
Examples of outside events that may prompt a review of these guidelines:
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- Political Issues: Matters that pertain to governance, public policy, and political ideologies.
- Social Issues: Topics that impact societal norms, values, and community welfare, such as racial equality, mental health awareness, and environmental concerns.
- Community Issues: Issues that have a significant impact on the school community or the school environment.
Using these guidelines, the Superintendent and/or the Board of Education will make a determination on the whether or not to make a statement.
Adoption Date: November 18, 2024
3110 MEDIA/MUNICIPAL GOVERNMENTS/SENIOR CITIZENS
School District Media
The building principal is responsible for the preparation of news releases concerning the activities within that building, and for reviewing them with the Superintendent prior to release. Copies of all final news releases will be sent to the Superintendent’s Office.
In addition, a periodic newsletter may be prepared and sent to each resident of the District or posted on its website. Included in the newsletter will be information regarding school activities, a monthly calendar, and other items of interest to the community. The Board accepts the funding obligation for the necessary staff and production costs.
As the official spokesperson, the Superintendent or designee will issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk.
Municipal Governments
The Board will establish and maintain a positive working relationship with the governing bodies of the municipality. The Board will also cooperate with municipal, county, and state agencies whose work affects the welfare of the children of the District, including, but not limited to, the County Social Services Department, the Board of Health, the Recreation Department, the Public Library, and all community emergency services agencies.
Senior Citizens
The Board will consider school related programs for senior citizens in accordance with Education Law and/or the Commissioner’s regulations. These programs include special use of school buildings or school buses, school lunches, and partial tax exemptions.
Education Law §§ 1501-b(1)(a), 1501-b(1)(b), and 1709(22)
Real Property Tax Law § 467
Adoption Date: May 23, 2022
3120 DISTRICT STANDARDS AND GUIDELINES FOR WEB PAGE PUBLISHING
General Criteria
The availability of Internet access in the District provides an opportunity for staff and students to access information and contribute to the District’s online presence. The District/school/classroom websites must relate to curriculum or instructional matters, school authorized activities, or general information of interest to the public pertaining to the District or its schools. Staff and students are prohibited from publishing personal home pages or links to personal home pages as part of the District/school/classroom Web Page(s). Similarly, no individual or outside organization will be permitted to publish personal Web Pages as part of the District/school/classroom Web Page(s).
Internet access for the creation of Web Pages is provided by the District and all information must be reviewed by the Website Manager prior to publishing it on the Web. Personnel designing information for the Web Pages must familiarize themselves with and adhere to District standards and procedures. Failure to follow District standards or responsibilities may result in disciplinary sanctions in accordance with law and/or the applicable collective bargaining agreement.
The District will ensure that any and all notifications and documents required by law, regulation, or District policy to be posted on its website will be published.
Content Standards
a) Approval for posting a Web Page must be obtained from the Website Manager or his or her designee(s). If at any time, the Website Manager or designee(s) believes the proposed material does not meet the standards approved by the District, it will not be published on the Web. Decisions regarding access to active Web Pages for editing content or organization will be the responsibility of the Website Manager or designee(s).
b) A Web Page must be sponsored by a member of the District faculty, staff or administration who will be responsible for its content, design, currency and maintenance. The sponsor is responsible for ensuring that those constructing and maintaining the Web Page have the necessary technical training and that they fully understand and adhere to District policies and regulations. The Web Page must include the name of the sponsor.
c) Staff or student work should be published only as it relates to a school/classroom authorized project or other school-related activity, and in compliance with any and all relevant laws, rules, and regulations.
d) The review of a Student Web Page (if considered a school-sponsored student publication) will be subject to prior District review as would any other school-sponsored student publication.
e) An authorized teacher who is publishing the final Web Page(s) for himself or herself or for a student will edit and test the Page(s) for accuracy of links and check for conformance with District standards and practices.
f) Commercial advertising or marketing on the District/school/classroom Web Page(s) (or the use of school-affiliated Web Pages for the pursuit of personal or financial gain) will be prohibited unless otherwise authorized in accordance with law and/or regulation. Decisions regarding website advertising must be consistent with existing District policies and practices on this matter. School-affiliated Web Pages may mention outside organizations only in the context of school programs that have a direct relationship to those organizations (e.g., sponsorship of an activity, student community service project).
g) Web Pages may include faculty or staff names; however, other personal information about employees including, but not limited to, home telephone numbers, addresses, email addresses, or other identifying information such as names of family members may be published only with the employee’s written permission.
h) All Web Pages must conform to the standards for appropriate use found in the District’s Acceptable Use Policy(ies) and accompanying regulations regarding standards of acceptable use; examples of inappropriate behavior; and compliance with applicable laws, privacy, and safety concerns.
i) All staff and/or students authorized to publish material on the District/school/classroom Web Page(s) must acknowledge receipt of the District’s Web Page Standards and agree to comply with these standards prior to posting any material on the Web.
Release of Student Education Records/Directory Information
The District will not permit students’ personally identifiable information to be posted on any District Web Pages unless the posting is consistent with the Family Educational Rights and Privacy Act (FERPA) and District policy.
Use of Copyrighted Materials and Fair Use Exceptions
Copyrighted Materials
All employees and students 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. Web Page publications must include a statement of copyright when appropriate and indicate that permission has been secured when including copyrighted materials or notice that the publication is in accordance with the Fair Use provisions of the Copyright Law.
Consequences for Non-Compliance
Web Pages that do not comply with the above criteria are subject to revocation of approval and removal from the District/school/classroom websites.
Staff
Faculty or staff posting non-approved or inappropriate material on a school-affiliated website are subject to discipline, including possible suspension or revocation of access to the District’s computer network, in accordance with law and applicable collective bargaining agreements. In the case that a violation may constitute a criminal offense, it will be reported to the appropriate authorities.
Students
Students posting non-approved or inappropriate material on a school-affiliated website are subject to discipline, including possible suspension or revocation of access to the District’s computer network, in accordance with applicable due process procedures and the District Code of Conduct. In the case that a violation may constitute a criminal offense, it will be reported to the appropriate authorities.
Oversight
The Superintendent or designee will have the authority to approve or deny the posting of any proposed Web Pages on school-affiliated websites based upon compliance with the terms and conditions set forth in this policy as well as applicable District practices and procedures.
Digital Millennium Copyright Act (DMCA), 17 USC §§ 101 et seq., 512 and 1201 et seq.
Family Educational Rights and Privacy Act of 1974, 20 USC § 1232(g)
34 CFR Parts 99 and 201
NOTE: Refer also to Policies #7241 — Student Directory Information
#7410 — Extracurricular Activities
#8350 — Use of Copyrighted Materials
Adoption Date: May 23, 2022
3140 FLAG DISPLAY
In accordance with State Education Law and Executive Law, the Board will display the United States flag 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 or the death of an outstanding individual, the flag will be flown at half-staff. The Superintendent’s approval will be required for the flag to be flown at half-staff on any other occasion.
The flag will be displayed in every assembly room (i.e., the auditorium) including the room where the Board meetings are conducted, as well as displayed in all rooms used for instruction.
4 USC § 6
Education Law §§ 418-420
Executive Law §§ 402 and 403
8 NYCRR §§ 108.1-108.3
Adoption Date: May 23, 2022
3150 SCHOOL VOLUNTEERS
Volunteers are persons who are willing to donate their time and energies to assist building principals, teachers, and other school personnel in implementing various phases of school programs. Volunteers will serve in that capacity without compensation or employee benefits except for liability protection under the District’s insurance program.
The Board has a school volunteer program to support District instructional programs and extracurricular activities. The purpose of the volunteer program is to:
a) Assist employees in providing more individualization and enrichment of instruction;
b) 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.
An application must be filled out by each prospective volunteer and forwarded to the District Office for evaluation. The building principal will forward his or her decisions concerning selection, placement and replacement of volunteers to the Superintendent for final evaluation. Following approval from the Superintendent, volunteers selected for work in the District will be placed on the list of approved volunteers. However, the Superintendent retains the right to approve or reject any volunteer applications submitted for consideration.
Volunteer Protection Act of 1997, 42 USC § 14501 et seq.
Education Law §§ 3023 and 3028
Public Officers Law § 18
NOTE: Refer also to Policy #6540 — Defense and Indemnification of Board Members and Employees
Adoption Date: May 23, 2022
3160 CHARTER SCHOOLS
A charter school is a public school financed through public local, state, and federal funds that is independent of local school boards. The local school district within which the charter school is located has the right to visit, examine, and inspect the charter school for compliance with all applicable laws, regulations, and charter provisions.
Charter schools may be located in part of an existing public school building, a private work site, a public building, or any other suitable location. At the request of the charter school or prospective applicant, the District will make available a list of vacant and unused school buildings and vacant and unused portions of school buildings, including private school buildings, within the District which may be suitable for the operation of a charter school.
Academic Credit
The District’s high school(s) may accept academic credit from students who transfer from the charter school as authorized and/or permitted in accordance with law, Commissioner’s regulations, and local District standards. Either the charter school or the local School Board may issue a high school diploma upon students’ graduation from a charter school depending on the charter school’s relationship with the Board.
Educational Materials
Students attending a charter school have the same access to textbooks, software, and library materials loaned by the District as if enrolled in a nonpublic school. Within available District inventory and budgetary appropriations for purchase of these materials, the District is required to provide these materials on an equitable basis to all public school students and to all nonpublic school and charter school students who are residents of the District or who attend a nonpublic or charter school in the District. The base year enrollment of students in the charter school may be claimed by the District for the purposes of textbook, software, and library materials aids, in the same manner as nonpublic school enrollments are claimed.
Transportation
For the purpose of transportation, charter schools are considered nonpublic schools. Students attending charter schools who reside within a 15 mile radius of the charter school (or a greater radius if the voters of the district of residence have approved nonpublic transportation for more than 15 miles) will receive transportation from their district of residence on the same basis as nonpublic school students; that is, subject to the applicable minimum mileage limits for transportation in the district of residence, and the requirement of the timely filing of the request for transportation in accordance with Education Law.
A student cannot be dually enrolled in the charter school and District schools.
Special Education
Special Education programs and services will be provided to students with disabilities attending a charter school in accordance with the individualized education program recommended by the Committee or Subcommittee of Special Education of the student’s district of residence. The charter school may arrange to have these services provided by the district of residence or by the charter school directly or by contract with another provider. Where the district of residence provides the special education programs or services, they will be provided in the same manner as provided to students in other public schools in the District. This includes the provision of supplementary and related services on site to the same extent the District’s policy and practices provide such services on the site of other public schools.
Employees
All employees of a public school converted to a charter school are included within the negotiating unit for the local school district, but the collective bargaining agreement of that negotiating unit may be modified by a majority vote of the members who work at the charter school, with the approval of the Board of Trustees of the charter school.
Instructional employees of a charter school which has not been converted from an existing public school and which has more than 250 students during the first year of instruction will be represented in a separate negotiating unit at the charter school by the same employee organization representing similar employees in the local school district. Employees may be included in the Teachers’ Retirement System and other retirement systems open to employees of the District. Financial contributions for these benefits are the responsibility of the charter school and the charter school’s employees.
Leaves of Absence
A teacher employed by the District may make a written request to the Board for an extended leave of absence to teach at a charter school. Approval for such a leave of absence for a period of three years or less will not be unreasonably withheld. If this approval is granted to a teacher by the District, the teacher may return to teach in the District during the period of leave without the loss of any right of certification, retirement, seniority, salary status, or any other benefit provided by law or by collective bargaining agreement. If an appropriate position is unavailable, the teacher’s name will be placed on a preferred eligible list of candidates for appointment to a vacancy that may occur after in an office or position similar to the one the teacher filled in the District immediately prior to the leave of service.
Charter School Finances
The enrollment of students attending charter schools will be included in the enrollment, attendance and, if applicable, count of students with disabilities of the school district in which the charter school student resides. The charter school will report all of this data to the districts of residence in a timely manner for reporting to the State Education Department (SED). The school district of residence will pay directly to the charter school for each student enrolled in the charter school the basic tuition as determined by the Commissioner of Education as set forth in Education Law. The district of residence must forward these payments to the charter school in six substantially equal installments each year beginning on the first business day of the months of July, September, November, January, March, and May.
Approved operating expenses include the essential operating cost of the District. Excluded are costs for transportation, debt services, construction, tuition payments to other school districts, some BOCES payments, cafeteria or school lunch expenditures, balances and transfers, rental income from leased property, and certain other limited categories unless otherwise authorized by the State Charter School Facilities Incentive Program.
Charter school financing in the first year of operation will be based on the number of students projected to be served by the charter school and the approved operating expenses of the district of residence of those students. Adjustments will be made in each subsequent year based upon the final report by the charter school of actual enrollment.
Federal and State aid attributable to students with disabilities are required to be paid to a charter school by the school district of residence for those students attending the charter school in proportion to the services the charter school provides such students directly or indirectly. Payment of federal aid attributable to a student with a disability attending a charter school must be made according to the requirements set forth in federal law and regulations. Failure by the District to make required payments will result in the State Comptroller deducting the required amounts from State funds due to the District and paying them to the charter school.
The District, the charter entity, and the State are not liable for the debts of the charter school.
Notice and Hearing Requirements
The New York State Board of Regents is required to provide the District information on the charter school process. If a charter school is proposed, the charter entity and the Board of Regents will notify the school district in which the charter school is located and public and nonpublic schools in the same geographic area as the proposed charter school at each significant stage of the chartering process.
This notification will be provided by the charter entity within 30 days of its receipt of an application for formation of a new charter school or for renewal of an existing charter school and at least 45 days prior to initial approval of the charter application by the charter entity.
Before a charter is issued, revised, or renewed, the school district in which the charter school is located will hold a public hearing to solicit comments from the community potentially impacted by the proposed charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district will also hold a hearing. The school district will, at the time of its dissemination, provide the SED with a copy of the public hearing notice.
No later than the business day next following the hearing, the school district will provide written confirmation to both the charter entity and the SED of the date and time the hearing was held. Copies of all written records or comments generated from the hearing will be submitted to the charter entity and the SED within 15 days of the hearing.
The school district will also be given the opportunity to comment on the proposed charter to the charter entity. The charter entity will consider any comments raised and submit them to the Board of Regents with the application for issuance, revision, or renewal of a charter.
In the event the school district fails to conduct a public hearing, the Board of Regents will conduct a public hearing to solicit comments from the community in connection with the issuance, revision, or renewal of a charter.
20 USC §§ 76.785-76.799
State Charter School Facilities Incentive Program, 34 CFR Part 226
34 CFR § 300.209
Education Law Article 56 and §§ 701, 711, 751, 912, 3602(11), and 3635
8 NYCRR Parts 100 and 119
Adoption Date: May 23, 2022
3210 VISITORS TO THE SCHOOL
All visitors will be required to report to the Main Office upon arrival at school and state their business. Visitations to classrooms for any purpose require permission in advance from the building principal in order to allow teachers the opportunity to arrange their schedules to accommodate these requests.
When individual Board members visit the schools, they must abide by the regulations and procedures developed by the administration regarding school visits.
All visitors must comply with the District’s Code of Conduct.
Education Law § 2801
Penal Law §§ 140.10 and 240.35
Adoption Date: May 23, 2022
3220 USE OF SERVICE ANIMALS
The Board allows the use of service animals on school grounds by individuals with disabilities, subject to restrictions permitted by federal and/or state law, and procedures established by the Superintendent or designee.
A service animal is defined as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals.
The work or tasks performed by a service animal must be directly related to the individual’s disability. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Psychiatric service animals that have been trained to take a specific action to help avoid an anxiety attack or to reduce its effects, however, may qualify as a service animal.
Where reasonable, the Board also allows the use of miniature horses on school grounds by individuals with disabilities. This use will only be permitted where a miniature horse has been individually trained to do work or perform tasks to benefit an individual with a disability. The use of miniature horses by individuals with disabilities is subject to the considerations and restrictions permitted by federal and/or state law.
The Superintendent or designee may create procedures, regulations, and/or building-specific rules regarding the use of service animals and miniature horses on school grounds by individuals with disabilities.
28 CFR §§ 35.104, 35.136, 35.139
Adoption Date: May 23, 2022
3230 PUBLIC COMPLAINTS
Complaints by citizens regarding any facet of the school operation often can be handled more satisfactorily by the administrative officer in charge of the unit closest to the source of the complaint. In most instances, therefore, complaints will be made to the building principal and/or his or her assistant if the matter cannot be resolved by the teacher, coach, or other school employee.
If the complaint and related concerns are not resolved at this level to the satisfaction of the complainant, the complaint may be carried to the Superintendent or their assistant. Unresolved complaints at the building level must be reported to the Superintendent by the building principal. The Superintendent may require the statement of the complainant in writing.
The Superintendent may not address anonymous complaints. All other complaints and related concerns that are not resolved at the Superintendent level to the satisfaction of the complainant may be carried to the Board. Unresolved complaints at the Superintendent level must be reported to the Board by the Superintendent. The Board reserves the right to require prior written reports from appropriate parties.
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District
#8330 — Objection to Instructional Materials and Controversial Issues
District Code of Conduct
Adoption Date: May 23, 2022
3240 PARENT-TEACHER GROUPS
The Board of Education recognizes that the goal of Parent/Guardian/Caregiver-Teacher Groups (PTG) and Parent-Teacher Association (PTA) is to develop a united effort between educators and the general public to secure for every child the highest achievement in physical, academic, and social education. Therefore, staff members and parents/guardians/caregivers are encouraged to join these types of groups and to participate actively in their programs.
These groups are independent organizations, subject to their own by-laws which can serve to provide support to the schools in our district. As such and in recognition of the role that PTAs/PTGs play in the school community, the School District supports the activities of PTA/PTG subject to certain conditions:
a) If an event is held on school property, then it must be sanctioned in compliance with School District policy in relation to the use of School District facilities. Such approval is provided through the filing of the appropriate building use form. In no event shall alcohol be allowed to be served at any function on School District property, including athletic fields.
b) If the event is held off School District premises, unless the event is specifically approved in advance by the Office of the Superintendent of Schools in writing, the School District will not promote or advertise the event, and expressly accepts no liability or responsibility for the event. Such events are held at the PTA/PTG’s own risk and subject to the PTA/PTG obtaining appropriate liability insurance.
c) PTA/PTGs must consult the list of New York State Parent Teacher Association approved activities before planning any event. Any activities which fall within the yellow or red categories in the attached list must be specifically approved in advance by the Office of the Superintendent of Schools and may require an additional purchase of insurance by the PTA/PTG based on the nature of the activity planned.
d) PTA/PTGs may not use language suggesting that the School District has endorsed, sponsored or otherwise approved their activities without prior written approval of the office of the Superintendent of Schools.
e) The content of the PTG and PTA websites hosted on the School District’s website are exclusively created and managed by the individual PTA/PTGs. The Jamesville-Dewitt CSD makes no representations as to any content posted on the individual websites and does not endorse any services, products, events, or opinions posted on any of the individual PTGs/PTAs websites. For an official calendar of School District events, please refer to the official school district calendar.
Adoption Date: May 23, 2022
3271 SOLICITATION OF CHARITABLE DONATIONS
Students
Direct solicitation of charitable donations from District students on school property during regular school hours is prohibited. It is a violation of District policy to ask District students directly to contribute money or goods for the benefit of a charity during the hours in which they are compelled to be on school grounds.
However, this policy does not prevent the following types of fundraising activities:
a) Fundraising activities which take place off school grounds or outside of regular school hours during before-school or after-school extracurricular periods;
b) Arms-length transactions, where the purchaser receives consideration for his or her donation. For example, the sale of goods or tickets for concerts or social events, where the proceeds go to charity;
c) Indirect forms of charitable solicitation on school grounds that do not involve coercion, such as placing a bin or collection box in a hallway or other common area for the donation of food, clothing, other goods, or money.
The Superintendent will ultimately decide which organizations, groups, etc. can solicit charitable donations and for what purposes, as long as the activities comply with the terms of this policy and the Rules of the Board of Regents.
Personnel
Soliciting of funds from school personnel by persons or organizations representing public or private organizations is prohibited. The Superintendent has the authority to make exceptions to this policy in cases where solicitation is considered to be in the District’s best interest. The Board will be notified of these instances.
Distribution of information about worthwhile area charities may be made through the Office of the Superintendent as a service to District personnel.
New York State Constitution Article 8, § 1
Education Law § 414
8 NYCRR § 19.6
NOTE: Refer also to Policy #7450 — Fundraising by Students
Adoption Date: May 23, 2022
3272 ADVERTISING IN THE SCHOOLS
District facilities, staff, and students will not be used or 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 their cooperation does not restrict or impair the educational program of the schools or conflict with 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 may, at his or 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, cooperate with any agency in promoting activities in the general public interest that are non-partisan and non-controversial, and that promote the education and other best interests of the students.
No materials of a commercial nature will be distributed through District students except as authorized by law or the Commissioner’s regulations.
New York State Constitution Article ⅤⅢ, § 1
8 NYCRR § 19.6
Adoption Date: May 23, 2022
3280 USE OF SCHOOL FACILITIES, MATERIALS, AND EQUIPMENT
School Facilities
It is the policy of the Board to encourage the greatest possible use of school facilities for community-wide activities including those uses permitted by New York law. Individuals or groups wishing to use the school facilities must secure written permission from the Board or its designee and abide by the rules and regulations established for use, including restrictions on alcohol, tobacco, and drug use. All visitors must comply with the District’s Code of Conduct.
The District reserves the right to charge a fee for the use of its facilities in a manner consistent with law, and on terms specified in regulation or by agreement with these organizations.
Materials and Equipment
Except when used in connection with, or rented under provisions of Education Law Section 414, school-owned materials or equipment may be used for school related purposes only. Private or personal use of school-owned materials and equipment is strictly prohibited. The loan of equipment and materials for public purposes that serve the welfare of the community is allowed, as long as the equipment is not needed at that time for school purposes and that the proposed use will not disrupt normal school operations.
The Board will permit school materials and equipment to be loaned to staff members when such use is directly or peripherally related to their employment, and to students when the material and equipment is to be used in connection with their studies or extracurricular activities. Community members will be allowed to use school-owned materials and equipment only for educational purposes that relate to school operations. The Board will also allow the loan of equipment to local governments and other entities that benefit the welfare of the surrounding community. The Board supports this inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly equipment and resources.
Education Law § 414
NY Constitution Article 8
NOTE: Refer also to Policies #3410 — Code of Conduct
#5640 – Smoking, Tobacco and Cannabis (Marijuana) Use
#6150 — Alcohol, Tobacco, Drugs, and Other Substances (Staff)
#7320 — Alcohol, Tobacco, Drugs, and Other Substances (Students)
#7410 — Extracurricular Activities
District Code of Conduct
Adoption Date: May 23, 2022
3290 OPERATION OF MOTOR-DRIVEN VEHICLES ON DISTRICT PROPERTY
As a component of safety, vehicular traffic on school property should be carefully regulated.
The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATVs) and other like vehicles is prohibited on any school grounds or areas except for authorized school functions or purposes. A school function means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes
place, including any event or activity that may take place in another state.
All student vehicles must be registered with the high school principal and parked in authorized areas only.
Education Law § 2801(1)
Vehicle and Traffic Law § 1670
Adoption Date: May 22, 2023
3310 PUBLIC ACCESS TO RECORDS
Access to District records will be consistent with the rules and regulations established by the New York State Committee on Open Government and will comply with all the requirements of the New York State Freedom of Information Law (FOIL).
Records Access Officer
The Superintendent, subject to the approval of the Board, will designate a Records Access Officer who will have the duty of coordinating the District’s response to public requests for access to records.
Fulfilling FOIL Requests
The District will provide copies of records in the format and on the medium requested by the person filing the FOIL request if the District can reasonably do so regardless of burden, volume, or cost of the request. The District may charge a fee for copies as permitted by law and regulation.
The District may require a person requesting lists of names and addresses to provide a written certification that they will not use the lists of names and addresses for solicitation or fundraising purposes and will not sell, give, or otherwise make available the lists of names and addresses to any other person for the purpose of allowing that person to use the lists of names and addresses for solicitation or fundraising purposes.
Requests for Records via Email
If the District has the capability to retrieve or extract electronic records with reasonable effort, it will provide the records electronically upon request. The District will accept requests for records submitted in the form of email and respond to those requests by email using the forms supplied by the District. This information will be posted on the District website, clearly designating the email address for purposes of receiving requests for records via this format.
When the District maintains requested records on the internet, the response will inform the requester that the records are accessible via the internet and in printed form either on paper or other information storage medium.
Notification
The District will post in a conspicuous location wherever records are kept and/or publish in a local newspaper of general circulation a notice which contains: the locations where records will be made available for inspection and copying; the name, title, business address, and business telephone number of the Records Access Officer; and the right to appeal a denial of access to records with the name and business address of the person or body to whom the appeal should be directed.
Additional Provisions
Regulations and/or procedures governing access to District records in relation to FOIL requests will be developed.
Education Law § 2116
Public Officers Law Article 6
21 NYCRR Part 1401
NOTE: Refer also to Policy #1510 — Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)
Adoption Date: May 23, 2022
3320 CONFIDENTIALITY OF COMPUTERIZED INFORMATION
The safeguarding of confidential data from inappropriate use is essential to the success of the District’s operation. Access to confidential computerized data will be limited only to authorized personnel of the District.
It is a violation of the District’s policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of computerized data is subject to disciplinary action.
However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose this information.
Family Educational Rights and Privacy Act of 1974, 20 USC § 1232(g)
34 CFR Part 99
Public Officers Law § 84 et seq.
Adoption Date: May 23, 2022
3410 CODE OF CONDUCT
The District has developed and will amend, as appropriate, a written Code of Conduct for the maintenance of order on school property and at school functions. The Code will govern the conduct of students, teachers, and other school personnel, as well as visitors and vendors. The Board will further provide for the enforcement of this Code of Conduct.
For purposes of this policy, and the Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of the District’s elementary or secondary schools, or in or on a school bus; and a school function means a school-sponsored extracurricular event or activity regardless of where the event or activity takes place.
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 District Code of Conduct will be adopted by the Board only after at least one public hearing that provided for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties.
The District Code of Conduct will be reviewed on an annual basis, and updated as necessary in accordance with law. The District may establish a committee to facilitate review of its Code of Conduct and the District’s response to violations. The Board will 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 or persons in parental relation, students, and any other interested parties. The District will file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the commissioner, no later than 30 days after their respective adoptions.
The Board will ensure community awareness of its Code of Conduct by:
a) Posting the complete Code of Conduct on the Internet website, if any, including any annual updates and other amendments to the Code;
b) Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language, at a school assembly to be held at the beginning of each school year;
c) Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;
d) Providing each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments as soon as practicable following initial adoption or amendment. New teachers will be provided a complete copy of the current Code of Conduct upon their employment; and
e) Making complete copies available for review by students, parents, or persons in parental relation to students, other school staff, and other community members.
Education Law Article 2, §§ 801-a, 2801, and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law § 142
8 NYCRR § 100.2
NOTE: Refer also to District Code of Conduct
Adoption Date: May 23, 2022
3411 PROHIBITION OF WEAPONS ON SCHOOL GROUNDS
With the exception of law enforcement officers, as permitted by law, and individuals who have the express written permission of the Board or its designee, no person may have in his or her possession any weapon on school grounds, in any District building, on a school bus or District vehicle, or at any school-sponsored activity or setting under the control and supervision of the District. This prohibition includes, but is not limited to: any of the objects or instruments referred to in Section 265.01 of the New York State Penal Law; any air-gun, spring-gun, or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge; and any object that could be considered a reasonable facsimile of a weapon.
Penal Law §§ 265.01-265.06
NOTE: Refer also to Policies #3410 — Code of Conduct
#7313 — Suspension of Students
#7360 — Weapons in School and the Gun-Free Schools Act
Adoption Date: May 23, 2022
3412 THREATS OF VIOLENCE IN SCHOOL
The District is committed to the prevention of violence against any individual or property in the schools, on school property, or at school activities whether such acts and/or threats of violence are made by students, staff, or others. Threats of violence against students, school personnel and/or school property will not be tolerated whether or not such threats occur on school grounds or during the school day.
Any person who commits an act or threatens an act of violence, including bomb threats, whether made orally, in writing, by email, or by any other electronic format, will be subject to appropriate discipline in accordance with applicable law, District policies and regulations, as well as the Code of Conduct and collective bargaining agreements, as necessary.
The District does not condone acts and/or threats of violence which threaten the safety and well-being of staff, students, visitors, and/or the school environment. Employees, students, agents, and invitees will refrain from engaging in threats or physical actions which create a safety hazard for others.
All staff who are made aware of physical acts and/or threats of violence directed to students or staff are to report these incidents to the building principal or designee, who will report these occurrences to the Superintendent. Additionally, the building principal or designee will also report occurrences of violence, whether involving an actual confrontation or threat of potential violence, to the school psychologist and/or Director of Special Education if applicable. Local law enforcement agencies may be called as necessary upon the determination of the Superintendent or designee.
Students should report all acts and/or threats of violence, including threats of suicide, of which they are aware to the school tip line, a faculty member, or the building principal.
The District reserves the right to seek restitution, in accordance with law, from the parent or guardian and/or student for any costs or damages which had been 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. Appropriate sanctions for violations of this policy by students will be addressed in the Code of Conduct.
Adoption Date: May 23, 2022
3420 NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE DISTRICT
Overview
The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses complaints of discrimination and/or harassment made under applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District’s Code of Conduct. It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free educational and work environment.
In accordance with applicable federal and state laws and regulations, the District does not discriminate on the basis of any legally protected class or category in its education programs and activities or when making employment decisions. Further, the District prohibits discrimination and harassment on school property and at school functions on the basis of any legally protected class including, but not limited to:
a) Race;
b) Color;
c) Religion;
d) Disability;
e) National origin;
f) Sexual orientation;
g) Gender identity or expression;
h) Military status;
i) Sex;
j) Age; and
k) Marital status.
The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of discrimination and/or harassment. The District will promptly respond to reports of discrimination and/or harassment, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.
Inquiries about this policy may be directed to the District’s Civil Rights Compliance Officer(s) (CRCO(s)).
Scope and Application
This policy outlines the District’s general approach to addressing complaints of discrimination and/or harassment. This policy applies to the dealings between or among the following parties on school property and at school functions:
a) Students;
b) Employees;
c) Applicants for employment;
d) Paid or unpaid interns;
e) Anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace;
f) Volunteers; and
g) Visitors or other third parties.
Further, discrimination and/or harassment that occurs off school property and somewhere other than a school function can disrupt the District’s educational and work environment. This conduct can occur in-person or through phone calls, texts, emails, or social media. Accordingly, conduct or incidents of discrimination and/or harassment that create or foreseeably create a disruption within the District may be subject to this policy in certain circumstances.
Other District policies and documents such as regulations, procedures, collective bargaining agreements, and the District’s Code of Conduct may address misconduct related to discrimination and/or harassment and may provide for additional, different, or more specific grievance procedures depending on a number of factors including, but not limited to, who is involved, where the alleged discrimination and/or harassment occurred, and the basis of the alleged discrimination and/or harassment. These documents must be read in conjunction with this policy.
The dismissal of a complaint under one policy or document does not preclude action under another related District policy or document.
Definitions
For purposes of this policy, the following definitions apply:
a) “School property” means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of any District elementary or secondary school, or in or on a school bus or District vehicle.
b) “School function” means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.
What Constitutes Discrimination and Harassment
Determinations as to whether conduct or an incident constitutes discrimination and/or harassment will be made consistent with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District’s Code of Conduct. These determinations may depend upon a number of factors, including, but not limited to: the particular conduct or incident at issue; the ages of the parties involved; the context in which the conduct or incident took place; the relationship of the parties to one another; the relationship of the parties to the District; and the protected class or characteristic that is alleged to have been the basis for the conduct or incident. The examples below are intended to serve as a general guide for individuals in determining what may constitute discrimination and/or harassment. These examples should not be construed to add or limit the rights that individuals and entities possess as a matter of law.
Generally stated, discrimination consists of the differential treatment of a person or group of people on the basis of their membership in a legally protected class. Discriminatory actions may include, but are not limited to: refusing to promote or hire an individual on the basis of his or her membership in a protected class; denying an individual access to facilities or educational benefits on the basis of his or her membership in a protected class; or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.
Generally stated, harassment consists of subjecting an individual, on the basis of his or her membership in a legally protected class, to unwelcome verbal, written, or physical conduct which may include, but is not limited to: derogatory remarks, signs, jokes, or pranks; demeaning comments or behavior; slurs; mimicking; name calling; graffiti; innuendo; gestures; physical contact; stalking; threatening; bullying; extorting; or the display or circulation of written materials or pictures.
This conduct may, among other things, have the purpose or effect of: subjecting the individual to inferior terms, conditions, or privileges of employment; creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual’s work or a student’s educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual’s employment or educational opportunities. Petty slights or trivial inconveniences generally do not constitute harassing conduct.
Civil Rights Compliance Officer
The District has designated the following District employee(s) to serve as its CRCO(s): Assistant Superintendent for Curriculum, Instruction and Equity.
The CRCO(s) will coordinate the District’s efforts to comply with its responsibilities under applicable non-discrimination and anti-harassment laws and regulations including, but not limited to: the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975.
Where appropriate, the CRCO(s) may seek the assistance of other District employees, such as the District’s Title IX Coordinator(s) or Dignity Act Coordinator(s) (DAC(s)), or third parties in investigating, responding to, and remedying complaints of discrimination and/or harassment.
Reporting Allegations of Discrimination and/or Harassment
Any person may report discrimination and/or harassment regardless of whether they are the alleged victim or not. Reports may be made in person, by using the contact information for the CRCO, or by any other means that results in the CRCO receiving the person’s oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the CRCO.
Reports of discrimination and/or harassment may also be made to any other District employee including a supervisor or building principal. All reports of discrimination and/or harassment will be immediately forwarded to the CRCO. Reports may also be forwarded to other District employees depending on the allegations.
All District employees who witness or receive an oral or written report of discrimination and/or harassment must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination.
In addition to complying with this policy, District employees must comply with any other applicable District policy, regulation, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct. Applicable documents include, but are not limited to, the District’s policies, regulations, and procedures related to Title IX, sexual harassment in the workplace, and the Dignity for All Students Act (DASA).
If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Grievance Process for Complaints of Discrimination and/or Harassment
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of discrimination and/or harassment based on any legally protected class and will promptly take appropriate action to protect individuals from further discrimination and/or harassment. The CRCO will oversee the District’s investigation of all complaints of discrimination and/or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.
If an investigation reveals that discrimination and/or harassment based on a legally protected class has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District’s Code of Conduct.
Knowingly Makes False Accusations
Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination and/or harassment will face appropriate disciplinary action.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of discrimination and/or harassment.
Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.
Where appropriate, follow-up inquiries will be made to ensure that the discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.
Confidentiality
To the extent possible, all complaints will be treated as confidential. Disclosure may be necessary in certain circumstances such as to complete a thorough investigation and/or notify law enforcement officials. All disclosures will be in accordance with law and regulation.
Training
In order to promote familiarity with issues pertaining to discrimination and harassment in the District, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to employees and students. As may be necessary, special training will be provided for individuals involved in the handling of discrimination and/or harassment complaints.
Notification
Prior to the beginning of each school year, the District will issue an appropriate public announcement or publication which advises students, parents or legal guardians, employees, and other relevant individuals of the District’s established grievance process for resolving complaints of discrimination and/or harassment. This announcement or publication will include the name, office address, telephone number, and email address of the CRCO(s). The District’s website will reflect current and complete contact information for the CRCO(s).
A copy of this policy and its corresponding regulations and/or procedures will be available upon request and will be posted and/or published in appropriate locations and/or District publications.
Additional Provisions
Regulations and/or procedures will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.
8 USC § 1324b
29 USC § 206
42 USC § 1981
Age Discrimination Act of 1975, 42 USC § 6101 et seq.
Age Discrimination in Employment Act of 1967 (ADEA), 29 USC § 621 et seq.
Americans with Disabilities Act (ADA), 42 USC § 12101 et seq.
Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq.
Genetic Information Non-Discrimination Act (GINA), 42 USC § 2000ff et seq.
National Labor Relations Act (NLRA), 29 USC § 151 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC § 790 et seq.
Title IV of the Civil Rights Act of 1964, 42 USC § 2000c et seq.
Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq.
Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.
Title IX of the Education Amendments Act of 1972, 20 USC § 1681 et seq.
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 USC § 4301 et seq.
28 CFR Part 35
29 CFR Chapter I – National Labor Relations Board
29 CFR Chapter XIV – Equal Employment Opportunity Commission
34 CFR Parts 100, 104, 106, 110, and 270
45 CFR Part 86
Civil Rights Law §§ 40, 40-a, 40-c, 47-a, 47-b, and 48-a
Civil Service Law §§ 75-b and 115
Correction Law § 752
Education Law §§ 10-18, 313, 313-a, 2801, 3201, and 3201-a
Labor Law §§ 194-a, 201-d, 201-g, 203-e, 206-c, and 215
New York State Human Rights Law, Executive Law § 290 et seq.
Military Law §§ 242, 243, and 318
8 NYCRR § 100.2
9 NYCRR § 466 et seq.
NOTE: Refer also to Policies #3421 — Title IX and Sex Discrimination
#6120 — Equal Employment Opportunity
#6121 — Sexual Harassment in the Workplace
#6122 — Employee Grievances
#7550 — Dignity for All Students
#7551 — Sexual Harassment of Students
#8130 — Equal Educational Opportunities
#8220 — Career and Technical (Occupational) Education
District Code of Conduct
Adoption Date: May 23, 2022
3421 TITLE IX AND SEX DISCRIMINATION
The district is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses complaints of sex discrimination, including sexual harassment, made under Title IX of the Education Amendments Act of 1972 and its implementing regulations (Title IX). It is just one component of the District’s overall commitment to maintaining a discrimination and harassment-free educational and work environment.
The district does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in employment. The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of sex discrimination, including sexual harassment, made by students, employees, the District’s Title IX Coordinator, or other individuals who are participating or attempting to participate in the District’s education program or activity.
Inquiries about Title IX may be directed to the District’s Title IX Coordinator, the United States Department of Education’s Office for Civil Rights, or both.
Relationship to Other District Documents
In addition to complying with this policy, district employees must comply with any other applicable district policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct. This includes, but is not limited to, the District’s Dignity for All Students (DASA) policy which requires District employees to make an oral report promptly to the Superintendent or principal, their designee, or a Dignity Act Coordinator (DAC) not later than one school day after witnessing or receiving an oral or written report of harassment, bullying, and/or discrimination of a student. Two days after making the oral report, DASA further requires that the District employee file a written report with the Superintendent or principal, their designee, or a DAC.
The dismissal of a complaint of sex discrimination under Title IX does not preclude action under another related District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.
For purposes of this policy, the following definitions apply:
a) “Complainant” means:
1. A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
2. A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX and who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.
b) “Complaint” means an oral or written request to the District that objectively can be understood as a request for the District to investigate and make a determination about alleged discrimination under Title IX.
c) “Confidential employee” means:
1. An employee of the District whose communications are privileged or confidential under federal or state law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
2. An employee of the District whom the District has designated as confidential for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination in connection with providing those services.
d) “Disciplinary sanctions” means consequences imposed on a respondent following a determination under Title IX that the respondent violated the District’s prohibition on sex discrimination.
e) “Party” means a complainant or respondent.
f) “Peer retaliation” means retaliation by a student against another student.
g) “Pregnancy or related conditions” means:
1. Pregnancy, childbirth, termination of pregnancy, or lactation;
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
h) “Relevant” means related to the allegations of sex discrimination under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.
i) “Remedies” means measures provided, as appropriate, to a complainant or any other person the District identifies as having had their equal access to the District’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the District’s education program or activity after the District determines that sex discrimination occurred.
j) “Respondent” means a person who is alleged to have violated the District’s prohibition on sex discrimination.
k) “Retaliation” means intimidation, threats, coercion, or discrimination against any person by the District, a student, an employee or other person authorized by the District to provide aid, benefit, or service under the District’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing — including in an informal resolution process, grievance procedures, and in any other actions taken by the District under Title IX. This does not preclude the District from requiring an employee or other person authorized by the District to provide aid, benefit, or service under the District’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.
l) “Supportive measures” means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:
1. Restore or preserve that party’s access to the District’s education program or activity, including measures that are designed to protect the safety of the parties or the District’s educational environment; or
2. Provide support during the District’s grievance procedures or during the informal resolution process.
What Constitutes Sex Discrimination under Title IX
Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex (including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity), that is:
a) Quid pro quo harassment which is an employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
b) Hostile environment harassment which is unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the District’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
1. The degree to which the conduct affected the complainant’s ability to access the District’s education program or activity;
2. The type, frequency, and duration of the conduct;
3. The parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which the conduct occurred; and
5. Other sex-based harassment in the District’s education program or activity; or
c) Specific offenses:
1. Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
2. Dating violence meaning violence committed by a person:
(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(b) Where the existence of such a relationship will be determined based on a consideration of the following factors:
(1) The length of the relationship;
(2) The type of relationship; and
(3) The frequency of interaction between the persons involved in the relationship;
3. Domestic violence meaning felony or misdemeanor crimes committed by a person who:
(a) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the District, or a person similarly situated to a spouse of the victim;
(b) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
(c) Shares a child in common with the victim; or
(d) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
4. Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
(a) Fear for the person’s safety or the safety of others; or
(b) Suffer substantial emotional distress.
Title IX Coordinator
The district has designated and authorized the following district employee to serve as its Title IX Coordinator and coordinate its efforts to comply with its responsibilities under Title IX:
Mr. Nate Franz, Assistant Superintendent for Curriculum, Instruction, and Equity
PO Box 606, DeWitt, NY 13214
nfranz@jd.cnyric.org
315-445-8300
The District may delegate, or permit its Title IX Coordinator to delegate, specific duties to one or more designees.
Where appropriate, the Title IX Coordinator may seek the assistance of the District’s Civil Rights Compliance Officer(s) (CRCO(s) and/or DAC(s) in investigating, responding to, and remedying complaints of sex discrimination, including sexual harassment.
The District may delegate, or permit the Title IX Coordinators to delegate, specific duties to one or more designees.
Where appropriate, a Title IX Coordinator may seek the assistance of the District’s Civil Rights Compliance Officer(s) (CRCO(s) and/or DAC(s) in investigating, responding to, and remedying complaints of sex discrimination, including sexual harassment.
Grievance Procedures for Complaints of Sex Discrimination
The District has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX.
All District employees, who are not confidential employees, are required to notify the Title IX Coordinator when they have information about conduct that reasonably may constitute sex discrimination under Title IX.
Making a Complaint of Sex Discrimination
The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:
a) A complainant;
b) A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
c) The Title IX Coordinator, after making a determination;
A person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of the person subjected to the sex-based harassment, or if the Title IX Coordinator initiates a complaint consistent with Title IX.
With respect to complaints of sex discrimination other than sex-based harassment, the following individuals have a right to make a complaint:
a) Any District student or employee; or
b) Any person other than a student or employee who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.
If the Title IX Coordinator is initiating a complaint, they will notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.
The District may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.
It is anticipated that, in most cases, the District will decide to dismiss or investigate a complaint within 10 days after receiving a complaint.
If a complainant or respondent is a student with a disability, the Title IX Coordinator must consult with one or more members, as appropriate, of the student’s Individualized Education Program (IEP) team, if any, or one or more members, as appropriate, of the group of persons responsible for the student’s placement decision, if any, to determine how to comply with the requirements of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act, throughout the District’s implementation of grievance procedures.
Basic Requirements of Title IX Grievance Procedures
a) The District will treat complainants and respondents equitably;
b) The District requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.
c) The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.
d) The District has established timeframes for the major stages of the grievance procedures, including, for example, the decision whether to dismiss or investigate a complaint (i.e., evaluation), investigation, determination, and appeal, if any.
e) The District has established a process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay.
f) The District will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.
g) The District will objectively evaluate all evidence that is relevant and not otherwise impermissible — including both inculpatory and exculpatory evidence. Inculpatory evidence implicates or tends to implicate an individual in a crime or wrongdoing. Exculpatory evidence frees or tends to free an individual from blame or accusation. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
1. Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
2. A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
3. Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
h) If the District adopts grievance procedures that apply to the resolution of some, but not all, complaints of sex discrimination, the District will articulate in those grievance procedures consistent principles for how the District will determine which procedures apply.
Dismissal of a Complaint
The District may dismiss a complaint of sex discrimination if:
a) The District is unable to identify the respondent after taking reasonable steps to do so;
b) The respondent is not participating in the District’s education program or activity and is not employed by the District;
c) The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
d) The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.
Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.
The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent that the dismissal may be appealed.
When a complaint is dismissed, the District will, at a minimum:
a) Offer supportive measures to the complainant as appropriate;
b) If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
c) Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within the District’s education program or activity.
Appeals of Dismissals
Appeals must be submitted in writing to the Title IX Coordinator within 15 days of the notice of the dismissal. Dismissals may be appealed on the following bases:
a) Procedural irregularity that would change the outcome;
b) New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
c) The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
If the dismissal is appealed, the District will:
a) Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
b) Implement appeal procedures equally for the parties;
c) Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
d) Ensure that the decisionmaker for the appeal has been appropriately trained;
e) Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
f) Notify the parties of the result of the appeal and the rationale for the result.
It is anticipated that the notice of the result of the appeal will be issued within 30 days after the appeal is commenced.
Notice of Allegations
Upon initiation of the District’s Title IX grievance procedures, the Title IX Coordinator will notify the parties, whose identities are known, of the following:
a) The District’s Title IX grievance procedures and any informal resolution process;
b) Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available to the District;
c) Retaliation is prohibited; and
d) The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. If the District provides a description of the evidence, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.
If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties, whose identities are known, of the additional allegations.
Investigation
The District will designate an investigator. The investigator may be the Title IX Coordinator or another District employee. The District may also outsource all or part of an investigation to appropriate third parties.
The District will provide for adequate, reliable, and impartial investigation of complaints. The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. The burden is on the District — not on the parties — to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:
a) The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence or an accurate description of this evidence. If the District provides a description of the evidence, the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
b) The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
c) The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of this information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.
It is anticipated that most investigations will be completed within 60 days after receiving a complaint.
Questioning the Parties and Witnesses
The District has established a process that enables the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.
The process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, includes:
a) Allowing the investigator or decisionmaker to ask these questions during individual meetings with a party or witness;
b) Allowing each party to propose questions that the party wants asked of any party or witness and have those questions asked by the investigator or decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness; and
c) Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.
Determination Whether Sex Discrimination Occurred
The District will designate a decisionmaker. After an investigation and evaluation of all relevant and not otherwise impermissible evidence, the District will:
a) Use the preponderance of the evidence standard of proof, which is understood to mean that the party with the burden of persuasion must prove that a proposition is more probably true than false meaning a probability of truth greater than 50 %, to determine whether sex discrimination occurred.
The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
b) Notify the parties in writing of the determination whether sex discrimination occurred under Title IX, including the rationale for the determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable. It is anticipated that the notice of determination will be issued within 10 days after the conclusion of the investigation.
c) Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
d) If there is a determination that sex discrimination occurred, require the Title IX Coordinator to, as appropriate:
1. Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District’s education program or activity limited or denied by sex discrimination;
2. Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any disciplinary sanctions; and
3. Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District’s education program or activity.
e) Comply with the grievance procedures before imposing any disciplinary sanctions against a respondent.
f) Not discipline a party, witness, or others participating in the District’s grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.
Appeal of Determinations
Either party may appeal a determination whether sex discrimination occurred. This appeal process, at a minimum, is the same as the District offers in all other comparable proceedings, including proceedings relating to other discrimination complaints.
Appeals must be submitted in writing to the Title IX Coordinator within 30 days of the notice of the determination. Determinations may be appealed on the following bases:
a) Procedural irregularity that would change the outcome;
b) New evidence that would change the outcome and that was not reasonably available when the determination whether sex-based harassment occurred or dismissal was made; and
c) The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
The bases on which a party is seeking an appeal should be specifically stated in the party’s written appeal.
If the determination is appealed, the District will:
a) Notify the parties of any appeal;
b) Implement appeal procedures equally for the parties;
c) Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations;
d) Ensure that the decisionmaker for the appeal has been appropriately trained;
e) Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
f) Notify the parties of the result of the appeal and the rationale for the result.
It is anticipated that the notice of the result of the appeal will be issued within 30 days after the appeal is commenced.
Informal Resolution
At any time prior to determining whether sex discrimination occurred, the District may offer to a complainant and respondent an informal resolution process. The District will not offer an informal resolution process to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of a student or when the process would conflict with federal, state, or local law.
The District has the discretion to determine whether it is appropriate to offer an informal resolution process when it receives information about conduct that reasonably may constitute sex discrimination under Title IX or when a complaint of sex discrimination is made, and may decline to offer informal resolution despite one or more of the parties’ wishes. The District will not require or pressure parties to participate in an informal resolution process.
If available, appropriate, and requested by all parties, the Title IX Coordinator will initiate the informal resolution process.
When the District provides the parties an informal resolution process, it will, to the extent necessary, require its Title IX Coordinator to take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District’s education program or activity.
Supportive Measures
The Title IX Coordinator will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the District’s education program or activity or provide support during the District’s Title IX grievance procedures or during the informal resolution process.
Supportive measures may vary depending on what the District deems to be reasonably available. For complaints of sex-based harassment, these measures may include, but are not limited to: counseling; extensions of deadlines and other course-related adjustments; increased security and monitoring of certain areas of the District; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment.
Disciplinary Sanctions and Remedies
After a determination that sex-based harassment occurred, the District may impose disciplinary sanctions on a respondent. Disciplinary sanctions will be imposed in accordance with any applicable District policy, procedure, handbook, or Code of Conduct.
Disciplinary sanctions that may be imposed on a District employee include, but are not limited to: a verbal warning; a written warning; required training; demotion; suspension; and termination.
Disciplinary sanctions that may be imposed on a District student include, but are not limited to: a verbal warning; writing assignments; changing of seating or location in a classroom; detention; removal from extracurricular activities, including athletics; suspension; and expulsion.
After a determination that sex-based harassment occurred, the District may provide remedies to the complainant and other persons identified as having had equal access to the District’s education program or activity limited or denied by sex discrimination.
Since remedies are generally designed to restore or preserve access to the District’s education program or activity for a particular person, they will generally be individualized and highly fact-specific.
Examples of remedies that may be provided to a District employee include, but are not limited to: making changes to work locations; and providing counseling.
Examples of remedies that may be provided to a District student include, but are not limited to: ensuring safe movement between classes; making changes to class schedules and extracurricular activities to ensure the complainant and respondent are separated; and providing counseling.
Extension of Timeframes
Reasonable extensions of timeframes are allowed on a case-by-case basis for good cause with written notice of any extension to the parties that includes the reason for the delay.
The Title IX Coordinator will evaluate any requests for a reasonable extension of timeframes on a case-by-case basis. If good cause for the extension is found, the Title IX Coordinator will provide written notice to all parties, including the reason for the delay and the new anticipated timeframe. In instances where the Title IX Coordinator is the individual requesting an extension, the Superintendent or designee will evaluate the request to determine if good cause exists.
Training
The District will ensure that all individuals within the District receive the appropriate Title IX training promptly upon hiring or when their position changes in a way that affects their Title IX responsibilities, with training also provided annually thereafter. This training will not rely on sex stereotypes.
The District will provide training as follows:
a) All employees will be trained on:
1. The District’s obligation to address sex discrimination in its education program or activity;
2. The scope of conduct that constitutes sex discrimination under Title IX, including the definition of sex-based harassment; and
3. All applicable notification and information requirements.
b) Along with the general training provided to all employees, all investigators, decisionmakers, and other persons who are responsible for implementing the District’s grievance procedures or have the authority to modify or terminate supportive measures will be trained on the following topics to the extent related to their responsibilities:
1. The District’s obligations to respond to sex discrimination;
2. The District’s grievance procedures;
3. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
4. The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance under the District’s grievance procedures.
c) Along with the general training provided to all employees, all facilitators of an informal resolution process will be trained on the rules and practices associated with the District’s informal resolution process and on how to serve impartially, including by avoiding conflicts of interest and bias.
d) Along with the general training provided to all employees and the more specific training provided to those responsible for implementing the District’s grievance procedures and facilitators of an informal resolution process, all Title IX Coordinators and designees will be trained on their specific responsibilities, the District’s recordkeeping system, recordkeeping requirements under Title IX, and any other training necessary to coordinate the District’s compliance with Title IX.
Notification
The District will provide a notice of nondiscrimination under Title IX to: students; parents, guardians, or other authorized legal representatives of District students; employees, applicants for employment; and all unions and professional organizations holding collective bargaining or professional agreements with the District.
The notice will prominently include, at a minimum, the following:
a) A statement that the District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in employment;
b) A statement that inquiries about the application of Title IX to the District may be referred to the District’s Title IX Coordinator, the Office for Civil Rights, or both;
c) The name or title, office address, email address, and telephone number of the District’s Title IX Coordinator;
d) How to locate this policy which contains the District’s Title IX nondiscrimination policy and grievance procedures; and
e) How to report information about conduct that may constitute sex discrimination and how to make a complaint of sex discrimination under Title IX.
The District will include this notice on its website and in each handbook, catalog, announcement, bulletin, and application form it provides to the individuals and entities referenced above, as well as in any materials used for recruiting employees.
If necessary, due to the format or size of a publication, the District may instead include a statement that the District prohibits sex discrimination in any education program or activity that it operates and that individuals may report concerns or questions to the Title IX Coordinator, and provide the location of the notice on the District’s website.
Recordkeeping
The District will maintain for a period of at least seven years:
a) For each complaint of sex discrimination, records documenting the informal resolution process or the grievance procedures and the resulting outcome.
b) For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute sex discrimination under Title IX, records documenting the actions the District took to meet its obligations.
c) All materials used to provide training. The District will make these training materials available upon request for inspection by members of the public.
20 USC Section 1681, et. seq.
34 CFR Part 106
Education Law Section 13
8 NYCRR Section 100.2
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District
#6121 — Sexual Harassment in the Workplace
#7550 — Dignity for All Students
#7551 — Sexual Harassment of Students
District Code of Conduct
Adoption Date: May 23, 2022
Updated: January 13, 2025
3430 PERSONAL PRIVACY
The Board of Education values civility, respect for the individual and the privacy of students, visitors and staff. These values include safeguarding against inappropriate invasions of personal privacy rights. In addition to the privacy protections provided by applicable laws and regulations, other policies of the Board of Education, and reasonable regulations promulgated by building and District administrators, the following policy shall apply to photographs, video recordings and audio recordings on District premises.
Policy
Except as specifically set forth in this policy, no person shall make, publish or distribute any photograph, video recording, or audio recording (collectively, “Recordings”) capturing the image or voice of any other person providing remote instruction or on District premises (a “Recording Subject”) without the express prior permission of the Recording Subject. Violations of this policy shall be subject to the following potential consequences:
a) In the case of violations by staff, disciplinary action as permitted by law and subject to the terms of any applicable collective bargaining agreement;
b) In the case of violations by students, (i) confiscation of recording equipment until any unauthorized Recording has been erased, and (ii) disciplinary action pursuant to the District’s Code of Conduct;
c) In the case of visitors, ejection from District premises and other appropriate action.
Exceptions
The following Recordings may be made without the prior consent of a Recording Subject, subject to any further privacy protections provided by applicable laws and regulations, and provided, further, that no otherwise-permitted Recording shall be distributed or disseminated for the purpose of annoying, intimidating or harassing any Recording Subject:
a) Recordings made by or on behalf of the District for inclusion in District publications and newsletters, or for dissemination to the news media for the purpose of publicizing District programs or events.
b) Recordings made by representatives of news media, parents, and other persons lawfully on District premises to attend District events open to the public, including dramatic productions, athletic events, meetings of the Board of Education and other meetings open to the public on District premises; provided, however, that Recordings may be limited in the case of performances of copyrighted material.
c) Recordings made in connection with certification and other credentialing processes applicable to teachers and teaching assistants.
d) Recordings made with the prior approval of the Superintendent of Schools for the purpose of assessing or improving the quality of instruction.
e) Recordings made by faculty members for educational purposes with the intention of helping a specific student or students, or for dissemination only in the faculty member’s classroom or school, including but not limited to recording of remote learning instruction.
f) Recordings made for use in connection with class photographs, student publications and yearbooks.
g) Recordings (audio) made by a parent/guardian of their child’s Committee on Special Education proceedings.
h) Recordings made and maintained by the District for security purposes.
i) Recordings of interior or exterior scenes where the presence of Recording Subjects who have not given consent is merely part of an incidental background.
j) Such other Recordings as are approved in advance by the Superintendent of Schools.
N.Y. Education Law §§1709(2) & (33); 2801
34 Ed Dept. Rep 572 (1995)
A33 Ed Dept. Rep 124 (1993)
32 Ed Dept. Rep 47 (1992)
N.Y. Arts & Cultural Affairs Law §61.09
N.Y. Public Officers Law §103(d)
Also refer to policy: 6410, 7315, 7316, 7550, District Code of Conduct
Adoption Date: July 1, 2024
3510 EMERGENCY SCHOOL CLOSINGS
In the event it is necessary to close school for the day, activate a delayed starting time or early dismissal (as well as information relating to cancellation of after-school activities/late bus runs), due to inclement weather, impassable roads, or other emergency reasons, announcements will be made over local radio and television stations, auto dialing, or the internet or District website.
When school is closed, all related activities, including athletic events and student activities, will be cancelled for that day and evening. Cancellation of scheduled Board of Education meetings will be announced on the district website.
The attendance of personnel will be governed by their respective contracts.
Education Law § 3604(7)
Adoption Date: May 23, 2022
3520 EXTRAORDINARY CIRCUMSTANCES
The District considers the safety of its students and staff to be of the utmost importance and is acutely aware that extraordinary circumstances such as widespread illness, natural disaster, or other emergency situation may make District premises unsafe or otherwise interrupt the District’s ability to effectively operate.
In these circumstances, the District will follow its previously developed policies, procedures, and plans including, but not limited to, the District-wide school safety plan and building-level emergency response plan(s). To the extent that any District policy, procedure, or plan is in any way inconsistent with or conflicts with federal, state, or county law, regulation, or executive order released for the purpose of addressing the extraordinary circumstance, the federal, state, or county law, regulation, or executive order will govern. Additionally, the Board may adopt resolutions or take other actions as needed to respond to changes in federal, state, or county law, regulation, or executive order to provide further direction during an extraordinary circumstance.
Adoption Date: May 23, 2022