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Support Services (Series 8000)


Policy 8111 | Reporting of Hazards

View the PDF version of the Reporting of Hazards Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes its responsibility to provide an environment that is reasonably secure from known hazards. The Board therefore directs the superintendent and all professional and support staff members to comply with occupational safety and health regulations, including the Hazard Communication Standard and “Right-to-Know” legislation.

The superintendent will direct appropriate personnel to develop and oversee a written hazard communication program. Such a program will include the following:

  1. the acquisition, maintenance, and review of Safety Data Sheets for all known hazardous materials on District property;
  2. the compilation of a hazardous materials inventory;
  3. employee training in hazardous materials management and protection; and
  4. the recording of all incidents involving exposure to known hazardous materials. Records of employees who have been exposed to substances with enforceable exposure standards shall be kept for forty years.

The District will comply with the requirements for the visual notification of pesticide spraying as set forth in the Environmental Conservation Law.

It is the responsibility of the entire school community to report any unsafe building or equipment conditions to the main office of the building as soon as possible. In addition, designated administrators will provide notice of hazardous materials to current and former employees within seventy-two hours of a request.

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

Cross-ref: 1120, School District Records
8115, Pesticides and Pest Management

Ref: 29 CFR §1910.1200 and 12 NYCRR Part 800 (Hazard Communication Standard)
40 CFR §763.95
Public Health Law, Article 48 and Labor Law, Article 28 (“Right-to-Know” Law)
Environmental Conservation Law §33-0101
State v. GTE Valeron Corp, 155 AD2d 166 (1990)
12 NYCRR §801.3

Adoption date: June 19, 2002
Revised date: September 23, 2019

Re-Adopted: October 16, 2019

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Policy 8112 | Health and Safety Committee

View the PDF version of the Health and Safety Committee Policy here.

Health and Safety Committee

The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes the importance of the participation of District staff and parents in promoting a safe, secure, and healthy school environment. The superintendent or designee will develop procedures for investigating and resolving complaints related to the health and safety issues in the District’s buildings, consistent with requirements of state law and regulations.

In accordance with the Commissioner­’s Regulations, the Board or designee will appoint a Health and Safety Committee composed, at a minimum, of representation from District officials, staff, and bargaining units.

The committee will participate in monitoring the condition of occupied school buildings to ensure that they are safe and maintained in a state of good repair. The superintendent will ensure that the committee is appropriately involved in all of the activities required by the Commissioner’­s Regulations. Specifically, the committee will:

  1. Participate in the investigation and disposition of health and safety complaints.
  2. Monitor safety during school construction projects, including periodic meetings to review issues and address complaints related to health and safety resulting from the project.
  3. Upon completion of a construction project, conduct a walk-through inspection to ensure the area is ready to be reopened for use.

Expanded Health and Safety Committee

During construction projects, the Health and Safety Committee will be expanded to include the architect and construction manager. This expanded committee will:

  1. Participate in the investigation and disposition of health and safety complaints regarding the construction or maintenance project.
  2. Meet periodically to review issues and address complaints regarding health and safety arising from construction.
  3. Monitor safety during construction projects.
  4. After the work is completed, conduct a walk-through inspection to confirm that the area is ready to be reopened for use.

Cross-Ref.:       7365, Construction Safety
8220, Buildings and Grounds Maintenance and Inspection

Ref.:                 8 NYCRR Part 155.4 (Uniform Code of Public School Building Inspections, Safety
Rating and Monitoring)

Adoption date:    June 19, 2002
Revised date:       August 7, 2019
Revised date:       February 25, 2020

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Policy 8115 | Pesticides and Pest Management

View the PDF version of the Pesticides and Pest Management Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.

The Board recognizes that pests can pose a significant risk to health and property and there may be significant risks inherent in using chemical pesticides in the school environment. Provisions will be made for a least toxic approach to integrated pest management (IPM) for all school buildings and grounds in accordance with the Commissioner­’s Regulations. Integrated pest management is a systematic approach to managing pests focusing on long-term prevention or suppression with minimal impact on human health, the environment, and nontargeted organisms.

Notification of Pesticide Application

Board of Education approval is required for any application of certain pesticides/herbicides. All District staff and parent(s) and/or guardian(s) will be notified of pesticide applications performed at any school facility, upon request. A notice will be sent at the beginning of the school year that will include:

  1.   Notification of periodic pesticide applications throughout school year.
  2.   The availability of forty-eight-hour prior written notification of pesticide applications to parents and staff who request such notice.
  3.   Instructions on how to register with the school to receive this prior written notification.
  4.   The contact information for the school representative who can provide further information.

A separate notice will be sent to staff and parent(s) and/or guardian(s) within two days of the end of winter and spring recess and within ten days of the end of the school year that includes the date, location, and product used for each pesticide application which required prior notification and each emergency application.

The superintendent and/or the Health and Safety Coordinator shall ensure the dissemination of this policy and conduct any training necessary to ensure that all staff are fully informed about pesticides and pest management.

Cross-ref:

  • 8110, School Building Safety
  • 8220, Building and Grounds Maintenance and Inspection

Ref:

  • Environmental Conservation Law, Art.33 (Pesticides)
  • Education Law 409-h (Requirements for Notification of Pesticide Applications)
  • 6 NYCRR Part 325 (Application of Pesticides)
  • Child Safe Playing Fields Act (Education Law 409k)
  • 8 NYCRR 155.4 (Uniform Code of Public School Building Inspections, Safety
    Rating and Monitoring)
  • Desmond Americana v. Jorling, 153 AD2d 4 (3rd Dept. 1989)
  • IPM Workbook for New York State Schools, Cornell Cooperative Extension
  • Community IPM Program with support from New York State Dept. of
    Environmental Conservation, August 1998

Adoption date: June 19, 2002
Revised date: September 18, 2019

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Policy 8123-R | Hygiene Precautions and Procedures

View the PDF version of the Hygiene Precautions and Procedures Policy Regulation here.

The following procedures shall be followed by all employees of the Bethlehem Central School District (the District) when providing first aid or otherwise dealing with situations where there is the possibility for exposure to, or contact with, blood or other body fluids.

  1. Except in extraordinary, life-threatening circumstance, all employees must wear rubber gloves to prevent contact with blood or other body fluids when treating or cleaning open cuts, scrapes, abrasions, etc., or spills of blood or other body fluids.
  2. All spills of blood or other body fluids should be cleaned up first with soap and water and then with a 10 percent solution of household bleach. Gloves shall be worn throughout the cleanup process.
  3. If possible, feces should be disposed of in a toilet with normal flushing. All disposable materials, including gloves and contaminated materials used in the cleanup process, should be placed in a plastic bag and sealed. The sealed plastic bag should then be placed in a second plastic bag and disposed of properly.
  4. Mops and reusable items used to clean up spills should be disinfected with the bleach solution and then washed out before storage or reuse.
  5. Toys and/or other personal nondisposable items should be cleaned with warm, soapy water and disinfected with the bleach solution before reuse by another person or being stored away. A normal laundry cycle is adequate for other nondisposable items, including clothing. It is recommended that all nondisposable items be double bagged until they can be cleaned.
  6. All persons must wash their hands with soap and water after cleaning up any spill of blood or other body fluid.
  7. A supply of rubber gloves, bleach solution, and plastic bags (known as the hygiene kit) shall be maintained in each classroom and in all other locations within the District where a potential for direct exposure to blood or other body fluids exists, such as the gym, cafeteria, maintenance facility, bus garage, etc. The school nurse shall periodically check the status of each hygiene kit in the building or facility for which she/he is responsible. Bleach solutions will be replaced at least once each semester. An additional supply of rubber gloves shall be maintained in the nursing office in each school building or in the appropriate supervisor’s office at other locations.

Adoption date: June 19, 2002

Revised date: September 23, 2019

Re-Adopted: October 16, 2019

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Policy 8123.1 | Contagious Diseases

View the PDF version of the Contagious Diseases Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) believes that effective precautions and work practice controls are the best methods for the containment of potentially infectious materials and provide employees, students, and others in the school community with the best protection against such exposure to contagious diseases.

Consistent with this belief and federal regulations, the superintendent shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure to, or contact with, blood or other potentially infectious material.

The Exposure Control Plan shall include:

  1. a list of job classifications in which occupational exposure to blood or other infectious materials occur;
  2. the schedule and method of implementation required by federal Occupational Safety and Health Administration (OSHA) regulations; and
  3. documentation of the route(s) of exposure, and the circumstances under which the exposure incident occurred.

The District shall ensure that a copy of the Exposure Control Plan is accessible to all employees.

The Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary to reflect new or modified tasks and procedures that affect occupational exposure and to reflect new or revised employee positions with occupational exposure.

Cross-ref: 5420, Student Health Services

Ref: 29 CFR §1910.1030

Note: The federal Occupational Safety and Health Administration (OSHA) requires school districts to develop a written Exposure Control Plan, though not necessarily a policy.

Adoption date: April 2, 2008

Re-Adopted: October 16, 2019

Re-approved: July 7, 2020

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Policy 8123.1-R | Employer Guide and Model Exposure Control Plan

View the PDF version of the Employer Guide and Model Exposure Control Plan here.

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Policy 8130 | School Safety Plans and Teams

View the PDF version of the School Safety Plans and Teams Policy here.

Emergencies and violent incidents in schools are critical issues that must be planned for and addressed in an expeditious and effective manner. The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes its responsibility to maintain a comprehensive Districtwide School Safety Plan and Building-Level Emergency Response Plan(s) regarding crisis intervention and emergency response and management.

Taken together, the District and building plans shall provide a comprehensive approach to addressing school safety and violence prevention, and provide the structure where all individuals can fully understand their roles and responsibilities for promoting the safety of the entire school community. The plans shall be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the District’s coordination with local and county resources. The plans shall also address risk reduction/prevention, response, and recovery with respect to a variety of emergencies and violent incidents in District schools.

In accordance with state law and regulation, the District shall have the following school safety teams and plans to deal with crisis intervention and emergency response and management:

Comprehensive Districtwide School Safety Team and Plan

The Board will appoint a Districtwide school safety team that includes, but is not be limited to, a representative from the Board; student, teacher, administrator, and parent organizations; school safety personnel; and other school personnel. This team shall be responsible for the development and review of a comprehensive Districtwide school safety plan. The plan shall cover all District buildings and shall address crisis intervention and emergency response and management at the District level. It shall include all those elements required by law and regulation. The Board will annually approve the Districtwide school safety plan.

A copy of the plan shall be available in the District offices for inspection by the public.

Building-Level Emergency Response Teams and Plans

Each principal shall be responsible for annually assigning a school safety team that includes representation from teachers, administrators, school safety personnel, other school personnel, local law enforcement officials, and local ambulance and other emergency response agencies. The school safety team shall be responsible for the development and review of a building-level emergency response plan for each District building. The plan(s) shall address communication, emergency response, and evacuation at the building level and shall include all procedures required by law and regulation.

Within each building, the school safety team shall designate:

  1. an emergency response team that includes appropriate school personnel; local law enforcement officials; and representatives from local, regional, and/or state emergency response agencies to assist the school community in responding to a serious violent incident or emergency; and
  2. a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors, and other related personnel to assist the community in coping with the aftermath of a serious violent incident or emergency.

The principal shall be responsible for conducting at least one test every school year of the emergency response procedures under this plan including procedures for sheltering and early dismissal.

To maintain security, and in accordance with law, the building-level emergency response plan(s) shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other law.

Team Appointments

On an annual basis, the members of the District level team will be appointed by the Board while the building principal will assign the building-level team members. The Board and the principals will make an effort to include other persons beyond those groups identified in law and policy who can contribute to ensuring continuity among the plans.

Annual Review and Report

Each plan shall be reviewed by the appropriate school safety team by September 1st every year and updated as needed. In conducting the review, the building-level teams shall consider any changes in personnel, local conditions, and other factors, including an evaluation of the results of the annual test of the emergency response procedures that may necessitate updating of plans.

The superintendent shall be responsible for filing the District-level school safety plan and any amendments to the plan with the commissioner of Education within thirty days after their adoption. Each principal shall be responsible for filing the building-level safety plan for his or her building and any amendments to the plan with the appropriate local law enforcement agency and the state police within thirty days after their adoption.

Cross-Ref: 5300, Code of Conduct
8134, Emergency Closings

Ref: Education Law §2801-a (school safety plans)
Executive Law §2B (state and local natural and manmade disaster preparedness)
8 NYCRR Part 155 (Educational Facilities)
Project SAVE Guidance Document for School Safety Plans, New York State 
Education Department, April 2001

Adoption date: June 19, 2002
Revised date: August 7, 2019

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8130.1 | Extreme Risk Protection Orders (The “Red Flag Law”) 

View the PDF version of the Extreme Risk Protection Orders (The “Red Flag Law”)

Extreme risk protection orders are court orders that restrict the ability of a person, who is judged likely to engage in conduct that would result in serious physical harm to themselves or others, to purchase or possess firearms, rifles or shotguns, or attempt to do so.

Under state law, Building Principals are permitted to petition the state Supreme Court for extreme risk protection orders for students currently enrolled in their building, or students who were enrolled in their building in the six months immediately before filing the petition (referred to in this policy as “currently-enrolled” and “recently-enrolled” students, respectively).

When district employees have reason to believe that a currently-enrolled or recently-enrolled student is likely to engage in conduct that would result in serious physical harm to themselves or others, they must report their concerns to the Building Principal.

Any other person, including, but not limited to, students, parents, and community members may also bring their concerns to the Building Principal that a currently-enrolled or recently-enrolled student is likely to engage in conduct that would result in serious physical harm to themselves or others.

If the Building Principal is absent from the building, the Superintendent will be the main point of contact to report concerns.

When a Building Principal receives concerns from persons under this policy, or has their own concerns about a student, they must immediately notify the Superintendent of Schools. The Superintendent will contact the school attorney, and both will assist the Building Principal in determining the appropriateness of petitioning the court for an extreme risk protection order.

When determining whether to petition the court for an extreme risk protection order, the district will consider, among other things, the following factors as they relate to the student:

  1. Threats or acts of violence or physical force made against themselves or another person;
  2. Violations or alleged violations of orders of protection (i.e., restraining orders) or previous extreme risk protection orders;
  3. Pending criminal convictions or charges involving weapons;
  4. Recklessly using, displaying, or brandishing a firearm, rifle or shotgun;
  5. Evidence of recent or current drug or alcohol abuse; and
  6. Evidence that the student has recently acquired a firearm, rifle, shotgun, other deadly weapon, dangerous instrument (including items capable of causing death or serious physical injury, when used for that purpose), or ammunition.

Additionally, the Building Principal is directed to contact local law enforcement, in accordance with the Code of Conduct, district-wide school safety plan, and building-level emergency response plan.

The Superintendent or his/her designee is directed to take appropriate steps to notify district staff of the provisions of this policy. This includes ensuring that employees are trained  and knowledgeable about when and how to properly utilize the law to best protect the school from violence. Employees will be notified of who is designated to file extreme risk protection orders in the building or district.

Cross-ref:        5300, Code of Conduct

8130, School Safety Plans and Teams

Ref:     Civil Practice Law and Rules Article 63-A Education Law §3023

Adoption date: December 18, 2019


Policy 8131 | Pandemic Planning

View the PDF version of the Pandemic Planning Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes the public’s concern over the possibility of a contagious disease outbreak and acknowledges that it is in the best interests of its students, employees and the community to prepare for such a scenario. To this end, the Board directs the superintendent to:

  1. Implement infection prevention control procedures that could help limit the spread of contagious diseases at schools in the District, including but not limited to:
    a. encouraging, through classroom instruction at every grade level, good hygiene habits recommended by public health experts to help protect the school community from contagious diseases (e.g., washing hands frequently with soap and water, coughing/sneezing into the crook of the elbow instead of one’s hand, and avoiding shaking hands);
    b. providing a description of warning signs and symptoms of contagious diseases infections and instruct parents and employees that students and staff displaying such symptoms should not report to school;
    c. providing sufficient and accessible infection prevention supplies including soap, tissues and receptacles for their disposal.
  1. Work with school administrators, District medical personnel, local county health representatives, teachers, guidance counselors, and other staff and parent representatives as appropriate, to prepare, as part of the District’s existing emergency/safety plan, a contagious disease preparedness plan. Such plan shall include, but not be limited to:
    a. Describing the potential impact of an outbreak on student learning (such as student and staff absences), school closing, and extracurricular activities based on having various levels of illness among students and staff and the alternative means of delivering education (e.g., educating students through the Internet, long-distance learning, telephone conference calls, etc.).
    b. Establishing procedures for caring for, isolating, and/or transporting students who become ill with contagious diseases while in school.
    c. Establishing liberal, non-punitive attendance policies for students unique to an outbreak of contagious diseases.
    d. Developing a process for gathering and analyzing the latest information and recommendations from health experts (for example, from the Centers for Disease Control, the New York State Health Department, and Albany County Department of Health) which will inform District policymakers’ decisions.
    e. Developing a process for communicating information concerning the outbreak of contagious diseases to the school community on a continuing basis. Such efforts may include preparing an information letter for distribution to parents and guardians of students advising them of the dangers of contagious diseases and the steps that may be taken to reduce the risk of infection, and/or establishing a section on the District’s website to communicate information about the District’s policy concerning contagious diseases and links to relevant governmental websites.
    f. Coordinating the District’s plan with the local and state health departments as well as the State Education Department and area BOCES.
    g. Assigning responsibility for the activities listed above to appropriate staff.
  2. Facilitate discussions with all negotiating units representing employees of the District to determine whether it is appropriate to consider opening up negotiations for the limited purpose of bargaining over the inclusion in collective bargaining agreements of provisions related to sick time and absences on the part of employees, who have been either diagnosed as having contracted contagious diseases that has caused the outbreak or who have family members who have contracted the contagious diseases that has caused the outbreak.

In the event that the District implements its emergency plan in response to a pandemic, the Superintendent shall keep the Board regularly informed regarding any actions taken and information gathered.

Adoption date: March 20, 2019

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Policy 8134 | Emergency Closing

View the PDF version of the Emergency Closing Policy here.

The superintendent of the Bethlehem Central School District (the District) may close the schools or dismiss students/staff early when hazardous weather or other emergencies threaten the health or safety of students and personnel. The superintendent may delegate this authority to another staff member in the event of his/her absence. Such action is never to be taken lightly, for public education is one of the principal functions of the community and should be maintained at a normal level except in extreme circumstances.

Schools will not be closed merely to avoid inconvenience. While it may be prudent, under certain circumstances, to excuse all students from attending school, to delay the opening hour, or to dismiss students early, the superintendent has the responsibility to ensure that administrative, supervisory, and operational activity is continued to the extent possible. School closing and delayed starting times will be announced over local radio, television stations, through School Messenger and posted on the District webpage. If no report is heard, it can be assumed the schools are in session, and are opening on time.

In making the decision to close schools, the superintendent may consider many factors, including the following, which relate to the safety and health of children:

  1. weather conditions, both existing and predicted;
  2. driving, traffic, and parking conditions affecting public and private transportation facilities;
  3. actual occurrence or imminent possibility of any emergency condition that would make the operation of schools difficult or dangerous; and
  4. inability of teaching personnel to report for duty, which might result in inadequate supervision of students.the superintendent may consider advice from traffic and weather authorities, building principals, and school officials.

Students, parents, and staff will be informed early in each school year of the procedures that will be used to notify them in case of emergency closing.

Ref: Education Law §3604(7)

Adoption date: June 19, 2002
Revised date: September 18, 2019


Policy 8212 | Vandalism

View the PDF version of the Vandalism Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) believes that students and faculty should respect property and take pride in the schools of the District. Any incidents of vandalism or theft of District property and the names of the person(s) responsible shall be reported to the superintendent or designee.

After repair or replacement of property, a bill for labor and materials shall be sent to the responsible party with a request for payment. The Board may determine that legal action against a vandal and/or his/her parents and/or guardians should be brought to recover costs for damages caused by a willful, malicious, or unlawful act of the child (for up to $5,000 per state law). The Board will direct the District attorney to institute and prosecute such a suit. The Board will also determine whether to offer monetary rewards for information leading to the arrest and conviction of vandals or thieves of District property (up to $1,000 per state law). All information pertaining to the investigation will be forwarded to the District attorney and the Albany County district attorney.

Cross-ref: 5300, Code of Conduct

Ref: Family Court Act §§757; 758-a
General Obligations Law §3-112
Education Law §§1604(35), (38); 1709(36),(38); 2509-g(15)
General Municipal Law §789

Adoption date: June 19, 2002
Revised date: September 23, 2019

Re-Adopted: October 16, 2019


Policy 8334 | Use of Credit Cards

View the PDF version of the Use of Credit Cards Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) permits the use of District credit cards (including credit arrangements such as gas credit cards and store credit accounts) by certain school officials to pay for actual and necessary expenses incurred in the performance of work-related duties and to purchase goods for the District. A list of those job titles that will be issued a District credit card will be maintained in the Business Office and reported to the Board each year at its reorganizational meeting in July.

The District shall establish a credit line not to exceed $5,000 for each card issued.

Credit cards may only be used for legitimate business expenditures. The use of credit cards is not intended to circumvent the District’s policy on purchasing. Users must submit detailed documentation, including itemized receipts for commodities, services, travel, and/or other actual and necessary expenses, which have been incurred in connection with school-related business for which the credit card has been used.

Users must take proper care of these credit cards and take all reasonable precautions against damage, loss, or theft, which must be reported immediately to the Business Office and to the appropriate financial institution.

Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature, or violate the intent of this policy may result in credit card revocation and discipline of the employee.

The superintendent, or his/her designee, shall provide a copy of this policy to each cardholder and inform them of the procedures governing the use of the credit card.

Cross-ref: 6700, Purchasing
6830, Expense Reimbursement

Ref: Education Law §§1724(1); 2524(1) (itemized, audited, and approved vouchers required)
Opns. St. Compt. No. 79-202 (use of multi-purpose credit cards by municipal employees)
Opns. St. Compt. No. 79-494
Opns. St. Compt. No. 78-897 (gas credit cards)

Adoption date: June 15, 2005
Re-adopted: July 6, 2011
Re-adopted: July 3, 2012
Revised date: September 23, 2019

Re-Adopted: October 16, 2019


Policy 8405 | Idling of School Buses & Private Vehicles on School Grounds

View the PDF version of the Idling of School Buses and Private Vehicles on School Grounds policy.

The Bethlehem Central School District (the District) promotes safe schools and safe transportation. In a continuing effort to provide a safe environment for our District students, staff, and residents, and to be in compliance with federal and state regulations as they pertain to school bus idling, the following will be in effect:

All school buses owned and hired by the Bethlehem Central School District (the District) shall turn off their engines when students are loading or discharging, or awaiting loading or discharging, at all schools within the District or at any school or other location to which Bethlehem students are transported.When arriving at a school location, all buses must shut off their engines as soon as practical, especially if buses must wait with students on board before they disembark.

When necessary for heating and mechanical purposes, when outside temperatures are at 32 degrees Fahrenheit or below, idling time may be increased up to the limits allowed by law.

This policy does not apply when buses are transporting students on a bus route

Privately owned passenger vehicles, including cars, minivans, pickup trucks, and SUVs, may idle for up to thirty seconds while on school grounds to drop off or pick up students.

The District shall post the policy at the District Transportation Department and Bus Garage, as well as post “no-idling” signs at each school. The District shall otherwise publish this policy at its discretion, including in any mailing to the students and families in the District or in the newspaper.

Adoption date: January 19, 2005

Revised date:    February 25, 2020

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Policy 8411 | School Bus Scheduling and Routing

View the PDF version of the School Bus Scheduling and Routing policy.

Bus routes will be established by the Bethlehem Central School District (the District) transportation supervisor, under the direction of the chief business and financial officer.

  1. Limitations — Authorized bus stops will be located at appropriate intervals in places where students may be loaded and unloaded safely.
  2. Fixed Stops — Fixed bus stops will be established pursuant to policy # 8412.
  3. Side Roads — Transportation will be provided on side roads that are maintained by Town Highway Departments unless the lack of maintenance makes it unsafe for drivers and students to be traversing these roads. Examples of unsafe conditions are flooding, road erosion, ice, snow, and mud.
  4. Private Roads — Transportation will not be provided on roads that have not been dedicated and/or maintained by town, county, and/or state Highway Departments.
  5. Turnarounds — Turnarounds will not be established unless adequate space is available and this space is properly maintained.
  6. Major Highways — Transportation service will be provided to residents living along major highways.
  7. District Map — Mapping software will be used to determine the transportation requirements necessary to satisfy the needs established by state law, Board of Education policy, and voter mandate. The maps will clearly show student location, loading and unloading locations, and routes traveled.

Adoption date: June 19, 2002

Revised date:    February 6, 2013

Revised date:    February, 2020

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Policy 8412 | Establishment of Bus Stops

View the PDF version of the Establishment of Bus Stops Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes the need for safety and accountability for bus drivers to pick up children at assigned bus stops. Bus stops are assigned to children based on the proximity of their neighborhood of residence to a central area for meeting the school bus. Furthermore, it is the expectation that school bus drivers will stay on schedule and not create any changes to routes without the approval of the director of Transportation or his/her designee.

The purpose of this policy is to state the District’s official walking distance to assigned bus stops for the appropriate educational level:

  1. Grade K-5 is up to 1/10 of a mile from home to the bus stop.
  2. Grades 6-8 is up to 1/2 of a mile from home to the bus stop.
  3. Grades 9-12 is up to one mile from home to the bus stop.
  4. Any exceptions to the above guidelines will be at the discretion of the director of Transportation.

Parent(s) and/or guardian(s) are responsible for the safety of their children to and from the bus stop. Buses will not stop for pick up or drop off except at the assigned stop. No accommodations will be made for passengers requesting a drop off at a house on the route.

Any bus driver who arbitrarily stops anywhere other than the assigned bus stop, on their own and without the approval of the director of Transportation or his/her designees, will be subject to disciplinary actions and possible suspension from work.

Adoption date:    July 7, 2010
Revised date:       February 6, 2013
Revised date:       September 23, 2019

Re-Adopted:       October 16, 2019           
Revised date:       February 26, 2020


Policy 8413 | Public School Transportation

View the PDF version of the Public School Transportation Policy here.

Resident pupils are eligible for transportation between their home/childcare location and the Bethlehem Central School District (the District) school they legally attend, in accordance with State Education law and regulations and Board of Education policies.

K-12 students who wish to utilize an established bus route other than the one they have been assigned (i.e., late bus route, drop off to an alternate residence) must have a written bus pass in their possession before they are allowed to board the alternate bus. Bus passes must be completely filled out and signed by the school principal or his/her designee(s). Bus passes will not be used to provide drop off at a student’s work location or at a day camp or afterschool program operated for the purpose of religious education, sports, or recreation.

Students are not entitled to “door-to-door” transportation. It is the responsibility of the parent(s), guardian(s), or daycare provider(s) to ensure safe travel to and from the bus stop and supervision of the students while waiting for the bus.

Ref: Education Law

Adoption date: September 19, 2007
Revised date: February 6, 2013
Revised date: September 23, 2019

Re-Adopted: October 16, 2019


Policy 8413.1 | Nonpublic School Transportation

View the PDF version of the Nonpublic School Transportation Policy here.

Resident pupils attending nonpublic schools outside of the Bethlehem Central School District (the District) will be transported up to a maximum of fifteen miles from their home to the school, in accordance with state regulations. Non-public schools located within the district are eligible for transportation in accordance with District policies.

Transportation requests for students attending nonpublic schools must be received by the District’s Transportation Department no later than April 1st preceding the beginning of the next school year, and must be resubmitted for every school year thereafter no later than April 1st. If a student moves into the District later than April 1st, the request must be received within thirty days of establishing residence in the District.

All late requests, however, shall be considered by the Board of Education (the Board) on the basis of the merits of each case. Criteria used by the Board in judging whether to accept a late request may include, but not be limited to, the following:

  1. State Education regulations and law.
  2. Whether transportation will require additional cost and/or lengthen the ride time for other students and, if so, the reasonableness of the excuse for the late request.

Nonpublic schools will be expected to schedule the opening or closing hours of school within reasonable times of the Bethlehem opening and closing. The District will not provide transportation to nonpublic schools on days when public schools are scheduled to be closed. Nonpublic school requests for late bus transportation for students attending nonpublic schools may be considered, but such consideration will be limited to the type and timing of late bus transportation approved for students attending the public schools of the District. The transfer routes for nonpublic transportation will not be considered late bus transportation.

Cross-ref: 8411, School Bus Scheduling and Routing
8411-R, School Bus Scheduling and Routing Regulation
8412, Walking Distance to a Bus Stop
8413, Public School Transportation

Ref: Education Law

Adoption date: September 19, 2007
Revised date: February 6, 2013
Revised date: September 23, 2019

Re-Adopted: October 16, 2019


Policy 8413.2 | Transportation to Childcare Locations for Grades K-8

View the PDF version of the Transportation to Childcare Locations for Grades K-8 Policy here.

The Bethlehem Central School District (the District) shall provide transportation to students in grades K-8 between before/after childcare locations and school, but only for children attending public or nonpublic schools located within the school district boundaries.

Transportation requests for students attending childcare locations must be received by the District no later than April 1st preceding the beginning of the next school year, and must be resubmitted for every school year thereafter no later than April 1st. If a student moves into the district later than April 1st, the request must be received within thirty days of establishing residence in the district.

All late requests, however, shall be considered by the Board of Education on the basis of the merits of each case. Criteria used by the Board in judging whether to accept a late request may include, but not be limited to, the following:

A. Requirements under State Education regulations and law.

B. Whether transportation will require additional cost and/or lengthens the ride time for other students and, if so, the reasonableness of the excuse for the late request.

Approved requests received during the school year may take up to five business days to process. Parents are strongly advised to call the Transportation Department before finalizing daycare location plans after April 1st.

Requests for changes to childcare locations may be made before August 1st and after the third Monday in September. (No changes will be made within this period of time to allow the Transportation Department to adjust to the opening of school and to manage the bus runs efficiently.)

A childcare location shall mean a place situated within the school district, other than the child’s home, where care for less than twenty-four hours a day is provided on a regular basis. This definition includes, but is not limited to, a variety of childcare services such as New York State licensed daycare centers and in-home care by relatives and nonrelatives. In-home shall mean at the home of the affected child and or the home of the relative or nonrelative, which is within the child’s school zone boundary. Child daycare, as defined in Section 390 of the Social Service law, shall not refer to care provided in: (A) a day camp, as defined in the state sanitary code (except as permitted below, for students attending District programs during the summer), or (B) an after-school program operated for the purpose of religious education, sports, or recreation.

Because the District has more than one elementary school, such transportation will be restricted to childcare locations within the attendance zone of the school the child attends, except where the childcare program is licensed or registered pursuant to Section 390 of the Social Services Law. Transportation to such licensed or registered programs is not limited to a school attendance zone, but is provided anywhere within the school district boundaries. The parent or guardian requesting childcare transportation to a licensed NYS daycare location outside the child’s school attendance zone acknowledges that the request may require a longer ride time and may include a transfer point.

Children are eligible for such transportation where the distance between the childcare location and school exceeds the District’s eligibility distance for transportation between home and school. Consequently, a child may be eligible for transportation to or from a childcare location even though not eligible for transportation to or from home.

Students Attending District Summer Programs

Students participating in District programs during the summer are entitled to District transportation in accordance with this policy. If a student is attending a NYS-licensed day camp, in accordance with NYS sanitary code, they may be eligible for District transportation if the following requirements are met:

A. The day camp must be located within District boundaries.

B. The day camp must operate as a NYS OCFS-licensed, school-age day care facility during the school year.

C. The day camp must operate their program on-site, Monday through Friday, and have appropriate staffing and care for a child arriving at the program before or after the District’s summer program.

Transportation requests for students attending childcare locations must be received by the District no later than June 1st preceding the beginning of the summer program, and must be resubmitted for every school year thereafter no later than June 1st.

Ref: Education Law

Adoption date: September 19, 2007
Revised date: February 6, 2013
Revised Date: October 17, 2018

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Policy 8414.5 | Alcohol and Drug Testing of Bus Drivers

View the PDF version of the Alcohol and Drug Testing of Bus Drivers Policy here.

The Board of Education (the Board) recognizes the dangers inherent in alcohol and controlled substance use by employees, especially those in safety-sensitive positions. To ensure the safety of its students, the Board requires alcohol and controlled substance testing of certain Bethlehem Central School District (the District) “drivers,” operators of “other school buses,” and any other employee who is subject to such testing, in accordance with and as set forth in the applicable federal and state requirements.

Definitions

  1. “Driver” includes any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
  2. “Other school buses” include those covered by applicable federal regulations (see list below) and any other motor vehicle either owned by the District or by a private company, operated to transport students, children of students, teachers, and other supervisory persons to or from school or school activities.

Testing Responsibilities

Consistent with federal regulations, the District shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of drivers who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Employees holding such positions include:

  1. drivers of vehicles designed to transport 16 or more passengers, including the driver;
  2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
  3. any other employee who may drive or service a listed vehicle (e.g. a mechanic who performs test drives, repairs, inspects, or loads or unloads a vehicle listed in 1 or 2 above).

Controlled substance and alcohol tests will be conducted for operators of all “other school buses” consistent with the procedures applicable to the implementation of federal regulations.  Volunteers who drive a bus with passengers fewer than 30 days per year are not subject to such testing.

Generally, the required testing will be conducted at or prior to the time of employment and randomly throughout the school year. However, drivers are subject to additional testing under federal regulations when a supervisor has a reasonable suspicion that a driver has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the driver has been found to violate District policy and federal regulations; and after the driver’s return to duty.

Driving Prohibition

In accordance with federal and state law, a driver may not drive if he or she:

  1. possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
  2. uses or is under the influence of alcohol or a controlled substance that is not lawfully prescribed within six hours or less before duty;
  3. has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or
  4. refuses to take a required alcohol or controlled substance test.

Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.

Enforcement of Driving Prohibitions

The District will not require or permit drivers of vehicles listed above, as well as operators of all “other school buses” defined above, to be on duty or operate a listed vehicle or other school bus, if it appears that they have consumed a drug/controlled substance (except those lawfully prescribed) or alcohol within the preceding eight hours.  This shall be based on the person’s general appearance, conduct, or other substantiating evidence. Those who maintain, repair, or garage listed vehicles or school buses that involves incidental driving without passengers, are exempt from this requirement, but are still prohibited from consuming controlled substances and alcohol within six hours of going on duty.

Response to Positive Testing Results

Any driver who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any driver found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, District policy, and/or law.  Operators of “other school buses” subject to random testing pursuant to New York Law will be subject to the same consequences based upon an alcohol concentration of at least 0.02 but less than 0.04 as drivers listed above.

If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The driver may be required to complete a treatment program and/or be disciplined pursuant to District policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to follow-up testing.  Operators of “other school buses” subject to random testing pursuant to New York Law will be subject to the same consequences based upon an alcohol concentration of 0.04 or greater or a positive drug test as drivers listed above.

Nothing herein shall require the District to return to duty any covered employee who has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance, or has refused to take a test. Such covered employee will be subject to disciplinary action by the District, up to and including discharge, in a manner consistent with the District’s pre-existing policies, practices, and any applicable laws and the collective bargaining agreement.

Re-Testing

Should the District receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the District that the individual shall be re-tested and that re-test will become the test of record.

Policy Distribution

The superintendent shall ensure that a copy of this policy, the District’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is provided to all drivers and operators of “other school buses” prior to the initiation of the testing program and to each driver or operator of “other school buses” subsequently hired or transferred to a position subject to testing.

Cross-ref:

  • 9320, Drug-Free Workplace

Ref:

  • Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306
  • 49 U.S.C. §521(b)
  • 49 CFR Part 391 (Qualifications/Disqualifications)
  • 49 CFR Part 382 (Drug and Alcohol Testing Requirements)
  • 49 CFR Part 40 (Testing Procedures)
  • 49 CFR §395.20 (On-duty time defined)
  • Vehicle and Traffic Law, §§509-1; 1192; 1193
  • Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)

Adoption date: June 19, 2002
Revised date: May 22, 2019

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Policy 8414.5-R | Alcohol and Drug Testing of Bus Drivers Regulation

View the PDF version of the Alcohol and Drug Testing of Bus Drivers Regulation here.

Any employee who operates a commercial motor vehicle, or other “school bus,” or is in a related safety-sensitive function described below shall be subject to alcohol and controlled substance testing in accordance with this regulations and applicable federal regulations and state law.  An employee having any questions concerning the Bethlehem Central School District’s (the District) policy or regulation, state law or applicable federal regulations shall contact the superintendent.

Any treatment, rehabilitation program or discipline will be provided in accordance with District policy and/or collective bargaining agreements.

I. Definitions

  1. Employees Covered Under Federal Law
    Employees covered under federal law include District employees who operate a commercial motor vehicle, perform in a related safety-sensitive position, and are required to obtain a commercial driver’s license. Such employees include:

    1. drivers of vehicles designed to transport 16 or more passengers, including the driver;
    2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
    3. any other employee who may drive or service a vehicle listed in 1 or 2 above (e.g., a mechanic who performs test drives, repairs, inspects or loads or unloads a listed vehicle).

      Such employees include, but are not limited to full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed or under lease to an employer or who operate a commercial motor vehicle at the direction or with the consent of the District.
  2. Employees Covered Under State Law
    Operators of “other school buses” are subject to testing as described in section III below.  Other “school buses” include both those covered by applicable federal regulations as stated above, and any other motor vehicle either owned by the District or by a private company, operated to transport students, children of students, teachers, and other supervisory persons to or from school or school activities.Certain specified employees will not be considered operators of “other school buses.”  They include:

    1. Volunteers who drive a school bus with passengers fewer than 30 days per year; and
    2. Employees engaged in the maintenance, repair or garaging of buses, who in the course of their duties must incidentally drive a vehicle not covered under federal law without passengers.

  3. Safety Sensitive Function
    An employee is performing a safety-sensitive function that is covered by federal regulations when:

    1. waiting to be dispatched, unless the driver has been relieved from duty;
    2. inspecting, servicing or conditioning any commercial motor vehicle;
    3. driving a commercial motor vehicle;
    4. attending a vehicle being loaded or unloaded;
    5. performing the driver requirements of the federal regulations pertaining to accidents; and
    6. attending to a disabled vehicle.

II. Driver Prohibitions and Consequences

Employees covered under federal law are required to be in compliance with District policy and regulation at the following times:

  1. when performing any on-duty safety-sensitive functions, including all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility; and
  2. during all time spent providing a breath sample, saliva sample or urine specimen and travel time to and from the collection site in order to comply with random, reasonable suspicion, post-accident, return-to-duty or follow-up testing.
  3. Employees covered under both federal and state law are prohibited from driving a listed vehicle or performing other safety-sensitive duties if the employee:
    1. possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
    2. has consumed or is under the influence of alcohol or a controlled substance that is not lawfully prescribed within six hours before duty;
    3. has an alcohol concentration of 0.02 or higher, or tests positive for controlled substances; or
    4. refuses to take a required alcohol or controlled substance test. Refusal to submit shall mean the failure to provide adequate breath or urine without a valid medical explanation, receipt of verified adulterated or substituted drug test result, or to engage in conduct that clearly obstructs the testing process, such as a failure to arrive for the drug testing or failure to sign the alcohol testing form prior to specimen collection.
    5. In addition, an employee covered under federal law is prohibited from consuming alcohol within eight hours after being involved in an accident, or before undergoing a post-accident test, if such a test is required. Illegal drug use by drivers is prohibited on or off duty.
  4. Drivers who violated the above prohibitions will be subject to the following enforcement actions:
    1. Employees covered under federal law will be removed from their safety-sensitive functions if they violate the District’s policy or federal regulations pertaining to the possession or consumption of alcohol or controlled substances.
    2. The Supervisor of Transportation or his/her designee will not require or permit employees covered under state law to be on duty or operate a listed vehicle or other school bus, if it appears that they have consumed a drug/controlled substance (except those lawfully prescribed) or alcohol within the preceding eight hours.  This shall be based on the person’s general appearance, conduct, or other substantiating evidence. Those who maintain, repair, or garage listed vehicles or school buses that involves incidental driving without passengers, are exempt from this requirement, but are still prohibited from consuming controlled substances and alcohol within six hours of going on duty.
    3. Any covered employee who tests 0.02 or greater but less than 0.04 will be removed from driving and other safety-sensitive duties until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.
    4. In the event that any covered employee has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance or has refused to take a test, he or she will, in addition to immediate removal from driving and any other safety-related duties, not be returned to duty until he or she:
      1. has been evaluated by a substance abuse professional;
      2. has complied with any treatment recommendations; and
      3. has received a satisfactory result from a return to duty test.
  5. Upon return to duty, the employee will be subject to follow-up testing.
  6. Nothing herein shall require the District to return to duty any covered employee who has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance, or has refused to take a test. Such covered employee will be subject to disciplinary action by the District, up to and including discharge, in a manner consistent with the District’s preexisting policies, practices, and any applicable laws and the collective bargaining agreement.While New York Law permits the use of medical marijuana, federal law still prohibits its use.  Any driver tested under the federal regulations, who tests positive for marijuana, even if such use is based upon a lawful certification under state law, will be found to have violated the federal regulations (DOT Office of Drug and Alcohol Policy and Compliance, Medical Marijuana Notice (Oct. 2009) at: https://www.transportation.gov/odapc/medical-marijuana-notice).

III. Types of Testing

The superintendent and the director of Transportation shall ensure that the following alcohol and drug tests are conducted and that any employee who is required to take such a test is notified prior to the test that it is required pursuant to federal regulations. Notice will also be given in the case of pre-employment alcohol testing, that such test is required by state law.

  1. Pre-employment: Controlled substance and alcohol tests will be conducted before all applicants are hired or after an offer to hire, but before actually performing safety-sensitive functions for the first time. These tests will also be given when employees covered under federal or state law transfer to a safety-sensitive function.
  2. Post-accident: Alcohol and controlled substance tests will be conducted if a driver covered under federal law is involved in an accident in which:
    1. there has been a fatality; or
    2. the driver has received a citation for a moving violation in connection with the accident pursuant to the time limitations specified in the regulation, and either:
      1. there is an injury treated away from the scene of the accident; or
      2. there is a disabled vehicle towed from the scene.
  3. Reasonable Suspicion: Alcohol and controlled substance tests will be conducted if when the Transportation Supervisor or other school official who has completed the minimum two hours of training has a reasonable suspicion that the driver covered under federal law has violated District policy and regulation. A “reasonable suspicion” must be based on specific, contemporaneous, articulable observations concerning the driver’s behavior, appearance, speech or body odors that are characteristic of controlled substance or alcohol misuse. Alcohol tests can only be done just before, during or just after the employee covered under federal law drives a listed vehicle or performs other safety-sensitive duties. The supervisor who makes the determination of reasonable suspicion cannot do the testing.
  4. Random Testing: For employees covered under federal law, random alcohol tests shall be conducted annually at a minimum rate established annually by the Federal Motor Carrier Safety Administration. Random alcohol tests must be conducted just before, during or just after the employee drives a listed vehicle or performs other safety-sensitive duties. For employees covered under federal law, random controlled substance tests shall be conducted annually at a minimum rate established annually by the Federal Motor Carrier Safety Administration. Random controlled substance tests may be conducted at any time. Random alcohol and controlled substance tests must be unannounced and spread reasonably throughout the calendar year.New York law requires employees covered by state law to be tested in conformance with federal regulations 49 CFR Part 382.  Although federal regulations permit employers to perform random testing beyond what they require, a separate pool must be maintained for those employees covered by state law who do not meet federal requirements. The separate pool for these employees will be subject to testing at the same minimum rate annually established for drivers subject to the Federal Motor Carrier Safety Administration regulations.
  5. Return-to-Duty Testing: Any covered employee who refused to take a test or has engaged in prohibited alcohol and controlled substance use, except for alcohol concentration of between 0.02 and 0.04, shall be required to take an alcohol or controlled substance test and achieve a satisfactory result before returning to duty in the safety-sensitive position. If removal was due to alcohol use, a satisfactory result will be less than 0.02 alcohol concentration. If removal was due to controlled substance use, a satisfactory result will be one that it is verified as negative. The test will not be administered until the employee has been evaluated by a substance abuse professional and has complied with any treatment recommendations.
  6. Follow-Up Testing: After any covered employee who was found to violate the District’s policy against alcohol and controlled substance use returns to duty, he or she will be subject to at least six unannounced tests in the first 12 months following the employee’s return to duty. Follow-up testing may be extended for up to 60 months from the date of the employee’s return to duty. Follow-up alcohol testing may only be conducted before, during or after the driver has performed his or her driving duties.
  7. Disciplinary Action: Nothing herein shall require the District to return to duty any covered employee who has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance, or has refused to take a test. Such covered employee will be subject to disciplinary action by the District, up to and including discharge, in a manner consistent with the District’s pre-existing policies, practices, and any applicable laws and the collective bargaining agreement.

IV. Testing Procedures

  1. Alcohol Testing Procedures
    Alcohol testing will be conducted with evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration. An approved non-evidential screening device may be used to perform screening tests but not for confirmation alcohol tests. The employee and the Breath Alcohol Technician conducting the test must complete the alcohol testing form to ensure that the results are properly recorded.

    1. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a “negative” test.
    2. If the alcohol concentration is 0.02 or greater, a second or confirmation test must be conducted. The confirmation test must be conducted using an EBT that meets the requirements of federal regulations.
    3. If the confirmation test results indicate an alcohol concentration from 0.02 to 0.03999, the employee will be restricted from duty for at least 24 hours from the time of the test.
    4. If the confirmation test results indicate an alcohol concentration equal to or greater than 0.04, the employee will be removed from all safety-sensitive duties and no return to duty will be permitted until the employee has successfully passed required return-to-duty tests. The employee must also be reviewed by a Substance Abuse Professional and comply with his/her recommendations. Follow-up tests will also be required.
    5. Nothing herein shall require the District to return to duty any covered employee who has a breath alcohol concentration of 0.04 or greater, has tested positive for a controlled substance, or has refused to take a test. Such covered employee will be subject to disciplinary action by the District, up to and including discharge, in a manner consistent with the District’s pre-existing policies, practices, and any applicable laws and the collective bargaining agreement.
    6. For post-accident testing, the results of breath or blood tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for alcohol testing and the results are made available to the District. All testing procedures will conform to the requirements outlined in federal regulations (49 CFR Part 40) for ensuring the accuracy, reliability and confidentiality of test results. These procedures include training and proficiency requirements for Breath Alcohol Technicians, quality assurance plans for the EBT devices including calibration, requirements for suitable test location, and protection of employee test records.

  2. Drug Testing Procedures
    The employee must provide a urine specimen at a collection site that meets federal requirements which will be analyzed at a laboratory certified and monitored by the U.S. Dept. of Health and Human Services.

    1. Regulations require that each urine specimen be divided into one “primary” specimen and one “split” specimen.
    2. All urine specimens are analyzed for the following drugs or drug metabolites (by-products of the body metabolizing a drug):
      1. Marijuana (metabolites)
      2. Cocaine metabolites
      3. Amphetamines (including methamphetamines, MDA and MDMA)
      4. Opioids (including natural opiates such as codeine, morphine, heroin, and semi-synthetic opioids such as hydrocodone, hydromorphone, oxycodone, and oxymorphone)
      5. Phencyclidine (PCP)
    3. If the primary specimen confirms the presence of one or more of these drugs, the employee has 72 hours to request that the split specimen be sent to another certified lab for analysis. [Note: The employee must be removed from driving duties at this time–pursuant to federal regulations, the driver’s removal cannot await the result of split sample.]
    4. All drug test results will be reviewed and interpreted by a physician (also called a Medical Review Officer) before they are reported to the District.
    5. If the laboratory reports a positive result to the Medical Review Officer (MRO), the MRO shall interview the employee to determine if there is an alternative medical explanation for the drugs found in the employee’s urine specimen. If the employee provides appropriate documentation and the MRO determines that it is legitimate medical use of a prohibited drug, the drug test result is reported as negative.
    6. If the MRO reports a positive drug result, the employee must be evaluated by a substance abuse professional and follow his/her recommendations prior to taking a return-to-duty test. Follow-up testing is also required.
    7. For post-accident testing, the results of urine tests conducted by law enforcement officials will be accepted as long as the testing conforms with federal and state requirements for controlled substance testing and the results are made available to the District.All controlled substance testing shall comply with the requirements of the federal regulations (49 CFR Part 40) including procedures for the proper identification, security and custody of the sample, use of certified laboratories, assurance that all drug test results are reviewed and interpreted by a physician, and ensuring confidentiality of employee test records.

V. Dilute Specimen Testing

If the District receives a drug test result which is negative but dilute and the creatinine concentration is greater than 5mg/dl, the District shall require a re-test to be conducted in each of the following cases:

    1. Pre-employment tests
    2. Return-to-duty tests
    3. Follow-up tests
    4. Reasonable suspicion tests
    5. Random tests
    6. The result of the re-test shall become the test of record. If the employee refuses to take the re-test it will be considered the same as a positive test result.

VI. Training

The Supervisor of Transportation and every other person designated to determine whether reasonable suspicion exists to require an employee covered by federal law to undergo reasonable suspicion testing must receive at least one hour of training on alcohol misuse and at least one additional hour of training on controlled substance use which they will use in making their determinations.

VII. Recordkeeping and Reporting

The Transportation Supervisor shall ensure that alcohol and drug testing records are maintained pursuant to applicable regulation and are available, if requested, for submission to the federal government or any State or local officials with regulatory authority over the employer or any of its drivers.

The following personal information must be reported to the Department of Transportation (DOT) Clearinghouse for employees subject to DOT testing:

    1. a verified positive, adulterated or substituted drug test result;
    2. an alcohol confirmation tests with a concentration of 0.04 or higher;
    3. a refusal to submit to any test required by the regulations;
    4. An employer’s report of actual knowledge of on duty alcohol use, pre-duty alcohol use, alcohol use following an accident, and controlled substance use;
    5. A substance abuse professional’s report of the successful completion of the return-to-duty process;
    6. A negative return-to-duty test; and
    7. An employer report of completion of follow-up testing.

VIII. Required Notification

Every covered employee shall receive information about the signs, symptoms, and effects of alcohol misuse and controlled substance use as well as a copy of the District’s policy and procedures, the consequences of testing positive and who to contact within the District to seek further information and/or assistance.

Each covered employee is required to sign a statement certifying that he/she has received this information. The District shall maintain the original signed certification until the employee’s employment is discontinued. The District will provide a copy of the certification to the covered employee upon request.

IX. Penalties

Any treatment, rehabilitation program or discipline will be provided in accordance with applicable law and regulations, District policy and/or collective bargaining agreements.

Any employer or driver who violates the requirements of the federal regulations of the Omnibus Transportation Employee Testing Act of 1991 may be subject to civil penalties.

In addition, in accordance with New York State law, a driver convicted of driving a listed vehicle with one or more student passengers while impaired by the use of drugs or alcohol will have his/her license revoked for one year and is subject to fines ranging from $500 to $5,000 and/or imprisonment. Any driver convicted more than once in 10 years for such crimes will have his/her license revoked for three years and is subject to a fine of $1,000 to $5,000 and/or imprisonment.

Adoption date: June 19, 2002
Revised date: May 22, 2019

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Policy 8414.5-E | Alcohol and Drug Testing of Bus Drivers Exhibit

View the PDF version of the Alcohol and Drug Testing of Bus Drivers Exhibit here.

I, ____________________, have received, read and understand the Alcohol and Drug Testing Program policy and regulation. I consent to submit to the alcohol and drug testing program as required by law and district policy and regulation.

I understand that if I am being required to submit to a pre-employment alcohol test, such test is required pursuant to district policy for employment with the district and not pursuant to federal regulations.

I understand that if I violate district policy, regulation or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program. If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.


_______________________________________           __________________
Signature of Employee                                    Date

Adoption date: June 19, 2002
Reapproved date: May 22, 2019

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Policy 8505 | Meal Charge Policy

View the PDF version of the Meal Charge Policy here.

The District’s goal is to provide student with access to nutritious no-or low-cost meals each school day to ensure that a pupil whose parent/guardian has unpaid school meal fees is not shamed or treated differently than a pupil whose parent/guardian does not have unpaid meal fees. The purpose of this policy is to ensure compliance with federal and state requirements for the USDA Child Nutrition Program, and to provide oversight and accountability for the collection of outstanding student meal balances, while also ensuring that students are not stigmatized, distressed, or embarrassed,

Unpaid charges place a large financial burden to our school. Charging of items outside of the reimbursable meals (a la carte items, adult meals, etc.) is expressly prohibited. The Board of Education recognizes that, on occasion, students may not bring meal money to school, and will allow limited charging of school meals as follows:

Grades K-8

Students in grades K-8 will be provided with their meal of choice from the available reimbursable meal choices for that specific school day if requested. Parent/guardian(s) may provide written permission to the school to withhold a meal if they do not want the school to allow their child(ren) to charge meals.

The service of a charged meal will not appear any different than service of a regular meal. School staff will not discuss a student’s account status with them unless specifically asked by the student.

High School (9-12)

Students in grades 9-12 will not be allowed to charge school meals without prior permission from the Food Service director or office staff.

District Staff

Staff members may purchase food from the District’s food services. However, all purchases must be paid for at the point of sale. Staff members are not allowed to charge meals or a la carte items to be repaid later.

General Guidelines

A computerized point of sale (POS) system will be used to discreetly record all charged meals. Meals will meet USDA meal pattern requirements and be included on federal and state meal reimbursement claims. The District will work with students and their families to ensure that each child’s nutritional needs are met each day. No student who requests one will be denied a meal at school.

The District will post this policy and an income based application for free/reduced meals on the District website and include policy information in the back-to-school packets annually. A free, printed copy of the income based application for free/reduced meals may be requested from the District food service department or school office. If the District becomes aware that a student who has not submitted a meal application is eligible for free or reduced priced meals, the District will complete and file an application on behalf of the student using administrative prerogative per federal regulations 7 CFR, Part 245.6 (d). District liaisons for homeless, foster, and migrant students will coordinate with the food service department to ensure such students are receiving free meals in accordance with federal law. At a minimum, the District will conduct monthly direct certification with NYSSIS to maximize free eligibility to students who qualify.

Staff will be trained annually and throughout the year as needed on the procedures for managing meal charges using an approved training program. Staff training includes ongoing eligibility certification for free or reduced price meals.

Prohibition Against Meal Shaming

In the case of a student who cannot pay for a meal or who has accrued meal debt, the following actions are expressly prohibited:

a. Announcing or publicizing the names of children with unpaid meal charges

b. Sending clearly marked notices home with children who have an outstanding balance

c. Using hand stamps, wristbands, stickers, or other physical markers to identify children with outstanding meal charges

d. Requiring children with unpaid meal charges to do chores or other work

e. Throwing a child’s meal in the trash

f. Taking any action directed at the student to collect unpaid meal charges

g. Discussing any outstanding meal debt in the presence of other students

h. Serving alternate meals (i.e., cheese sandwich)

i. Using a debt collector

Communication and Collection

A. The District will make available an online payment and account management system that provides parents with the ability to track purchases, account balances, and to set scheduled alerts and payments.

B. School food service employees will not communicate account balance information with K-8 students unless a specific request is made by the student. Furthermore, any information relayed to students from school staff will be done in a discrete, polite and nonjudgmental fashion.

C. On a weekly basis, the Food Service office will send email notifications to the primary parent/guardian of students who have outstanding negative balances.

D. Parents/guardians will be contacted via any available method on file after a negative balance goes unpaid for more than two weeks and/or if the student owes money for five or more meals.

E. The District will make every attempt to determine if the student is directly certified to be eligible for free meals. If a student cannot be directly certified, the District will make at least two attempts to contact the parent or guardian to fill out a free/reduced meal application. The District will provide assistance with the application, determine if there are other issues within the household that have caused the child to have insufficient funds to purchase a school meal, and offer any other assistance that is appropriate.

Account Balances, Refunds, and Transfers

All negative balances must be paid prior to the end of each school year. If a negative balance remains at the end of the school year, the district may transfer funds from sibling accounts to cover the balance due. If there are remaining funds on a student account at the end of the school year, those funds will be carried over to the next school year. When students leave the District or graduate, the District will attempt to contact the parent/guardian and return funds for amounts greater than $5.00. Residual balances remaining after one full school year from the time the student transferred out of the District will be applied for the benefit of economically disadvantaged families. Parents/guardians may request the funds be transferred between students at any time during the school year in writing, by email, or by phone request.

Ref: Guidance Memo, State Education Department, Child Nutrition Program; “Student Meal Charge Policy,” May 2017

Adoption Date: July 1, 2009
Revised Date: December 20, 2017
Revised Date: October 17, 2018


Policy 8630 | Technology Resources and Data Management

View the PDF version of the Technology Resources and Data Management Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes that computers, computer networks, and other technological resources are needed for instruction, as well as management of District business. The Board also recognizes that District Technology is used to create, store, and transfer data created by students, staff, and other authorized users. This Technology Resources and Data Management Policy sets forth the Board’s expectations regarding management of District Technology and Data.

Definitions

  1. “District Technology” includes:
    1. All District-owned, leased, or controlled computer equipment, software, applications, and other electronic devices (including, but not limited to, Chromebooks, laptops, smartphones, databases, webpages, and email accounts, social media accounts, etc.);
    2. The District’s computer network, including network components located on school premises and remote components, such as District-authorized cloud storage solutions (e.g., Google Classroom); and
    3. District-owned, leased, or controlled wired and wireless connections used to access the District’s computer network or the internet.
  2. “Data” includes:
    1. Data accessed, created, compiled, stored, or maintained on District Technology, regardless of whether such Data was created for District purposes and regardless of who owns the legal rights to such Data; and
    2. Data accessed, created, compiled, stored, or maintained on any District-authorized cloud storage solution, regardless of whether such Data was created for District purposes and regardless of who owns the legal rights to such Data.
  3. “Personal Device” includes any computing device not owned, leased, or controlled by the District.
  4. “User” includes any person who is authorized to access District Technology or Data, including students, staff, Board members, contractors, and visitors.

Management Responsibilities

  1. The superintendent is responsible for designating a Director of Technology (DOT) to oversee the installation, use, management, and disposal of District Technology and Data.
  2. The superintendent, working in conjunction with the designated purchasing agent for the District and the DOT, is responsible for:
    1. Preparing a comprehensive multiyear technology plan for Board approval, which may be revised from time to time (subject to Board approval) to reflect changing technology and District needs;
    2. Purchasing, distributing, and/or installing District Technology pursuant to the Board-approved technology plan, including devices that may be issued directly to students for their use both in school and outside of school;
    3. Adopting reasonable and appropriate procedures relating to the access, use, storage, and disposal of District Technology and Data;
    4. Adopting reasonable and appropriate internet filtering technologies required to comply with the District’s Internet Safety Policy and Regulation (4526.1/4526.1-R);
    5. Adopting reasonable and appropriate technical, administrative, and physical safeguards to protect the confidentiality, integrity, and availability of District Technology and Data;
    6. Preparing reasonable and appropriate notices and training programs for Users relating to appropriate use of District Technology, Data, and Internet Safety;
    7. Adopting reasonable procedures to create and manage administrative and individual User accounts, including maintaining District access rights to all such accounts;
    8. Implementation of all other District policies relating to District Technology and Data, including but not necessarily limited to:
      1. Policy No. 4526 and Regulation No. 4526-R concerning Acceptable Use of District Technology;
      2. Policy No. 4526.1 and Regulation No. 4526.1-R concerning Internet Safety; and
      3. Policy No. 8635 and Regulation No. 8635-R concerning Information Security Breach and Notification.

User Rights and Limitation of District Obligations

  1. No Expectation of Privacy. Users have no expectation of privacy regarding use of District Technology or storage of Data on District Technology, including, but not limited to, Data contained in any User account, on the District’s computer network, on any authorized cloud computing solution, or on any device issued by the District to any student, staff member, or other person.
  2. No Warranties. The District makes no warranties of any kind, express or implied, relating to access to, or use of, District Technology or Data. Further, the District assumes no responsibility for the quality, availability, accuracy, nature, or reliability of the service and/or information provided. Users of District Technology use such technology at their own risk. Each User must understand that information obtained from the internet or other online sources is not necessarily reliable and the User is solely responsible for any subsequent use of information obtained from the internet or other online source.
  3. Limits on Filtering Technology. No internet filtering/blocking software is 100 percent effective. The District is not responsible for the failure of such software to block or prevent access to all potentially objectionable content.
  4. Limits on Security Controls. No security controls are 100 percent effective to eliminate all threats. The District is not responsible for the failure of any reasonable security controls to preserve the confidentiality, integrity, and availability of District Technology or Data.

Cross-Reference: 1130.1 Social Media Guidelines
4526 Acceptable Use
4526.1 Internet Safety
8635 Information Security Breach and Notification

Adoption date: August 9, 2017
Revised date: September 23, 2019

Re-Adopted: October 16, 2019


Policy 8630-R | Technology Resources and Data Management Regulation

View the PDF version of the Technology Resources and Data Management Regulation here.

This Technology Resources and Data Management Regulation (Regulation) establishes the general rules for procurement, management, and disposal of Bethlehem Central School District (the District) Technology Resources and Data pursuant to the District’s Technology Resources and Data Management Policy #8630.

Capitalized terms in this Regulation have the same meaning as the same terms set forth in Policy #8630.

Administration

  1. The District’s Director of Technology (DOT) is responsible for overseeing the installation, management, use, and disposal of District Technology and Data.
  2. Responsibilities delegated to the DOT include:
    1. Deploying, maintaining, and retiring of District Technology pursuant to the District’s multiyear technology plan and consistent with Policy # 6900 relating to disposal of District property;
    2. Identifying technology vendors to supply technology solutions that meet the requirements of the District’s multiyear technology plan and working to procure such technology solutions consistent with Policy # 6700 regarding purchasing;
    3. Developing guidelines for issuance and use of District-owned, leased, or controlled devices to students and staff, including use of such devices in school and outside the school setting;
    4. Monitoring, examining, and auditing use of District Technology, including the District’s computer network, to confirm compliance with all applicable District policies and regulations;
    5. Conducting due diligence on third-party suppliers, including cloud service providers, to confirm compliance with all applicable District policies and regulations;
    6. Developing and implementing procedures for backup and storage of Data, including facilitation of the District’s disaster recovery plan, compliance with Policy # 1120 (School District Records), and use of third-party cloud storage providers;
    7. Developing, acquiring, and implementing reasonable technical, administrative, and physical safeguards to protect the confidentiality, integrity, and availability of District Technology and Data;
    8. Maintaining all consents and/or acknowledgments signed by Users relating to Acceptable Use, Internet Safety, and Technology Resources and Data Management and documenting receipt of such consents in a database or other convenient format;
    9. Working with the superintendent and other appropriate school officials to ensure appropriate staffing for District Technology management functions;
    10. Disseminating and interpreting District policy and regulations governing District Technology and Data;
    11. Providing notices, training, and educational materials relating to the appropriate use of District Technology and management of Data to Users;
    12. Providing technical support to Users, including support for devices issued by the District to students for use both in school and outside the school setting;
    13. Restricting and/or terminating access of any person to District Technology or Data for failure to comply with applicable policies and regulations; and
    14. All other tasks necessary to implement and comply with policies and regulations relating to District Technology and Data

User Account Management

Student internet access is addressed in policy # 4526 and regulation # 4526-R, Computer Use for Instruction. District employees and third-party users are governed by the following regulations:

  1. Staff, students, and Board members will be issued user accounts or otherwise be granted access to use District Technology appropriate to their needs in connection with instruction and operation of the District, which may include access to the District’s computer network, email, and cloud computing services.
  2. From time to time, other Users with a legitimate need, including vendors or volunteers, may be issued accounts or otherwise granted access to use District Technology for a limited period of time and strictly limited to that User’s specific needs.
  3. Prior to granting access to District Technology or Data, all Users shall be notified of their obligations, the limitations of their rights, and limitations of the District’s obligations with respect to District Technology and Data.
  4. The DOT and/or his/her designee may retain master administrative passwords or use other means to access, inspect, monitor, suspend, or terminate any administrative or User account at any time and for any reason consistent with law and/or any District policy or regulation.

Adoption date: August 9, 2017
Revised date: September 23, 2019

Re-Adopted: October 16, 2019

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Policy 8635 | Information Security Breach & Notification

View the PDF version of this Information Security Breach & Notification Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) acknowledges the state’s concern regarding the rise in identity theft and the need for prompt notification when security breaches occur.

The Board adopts the National Institute for Standards and Technology Cybersecurity Framework Version 1.1 (NIST CSF) for data security and protection. The District Data Privacy Officer (DPO) is responsible for ensuring the district’s systems follow NIST CSF and adopt technologies, safeguards and practices which align with it. This will include an assessment of the district’s current cybersecurity state, their target future cybersecurity state, opportunities for improvement, progress toward the target state, and communication about cyber security risk.

The Board appointed DPO is responsible for the implementation of and compliance with the policies and procedures required in Education Law §2-d and its accompanying regulations. The DPO will serve as the point of contact for data security and privacy for the District. This appointment will be made at the annual organizational meeting.

I. Student and Teacher/Principal Personally Identifiable Information under Education Law §2-d

A. General Provisions

PII as applied to student data is as defined in Family Educational Rights and Privacy Act (Policy 5500), which includes certain types of information that could identify a student, and is listed in the accompanying regulation 8635-R. PII as applied to teacher and principal data, means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.

The DPO will see that every use and disclosure of PII by the district benefits students and the district (e.g., improve academic achievement, empower parents and students with information, and/or advance efficient and effective school operations). However, PII will not be included in public reports or other documents.

The district will protect the confidentiality of student and teacher/principal PII while stored or transferred using industry standard safeguards and best practices, such as encryption, firewalls, and passwords. The district will monitor its data systems, develop incident response plans, limit access to PII to district employees and third-party contractors who need such access to fulfill their professional responsibilities or contractual obligations, and destroy PII when it is no longer needed.

Certain federal laws and regulations provide additional rights regarding confidentiality of and access to student records, as well as permitted disclosures without consent, which are addressed in policy and regulation 5500, Student Records.

Under no circumstances will the district sell PII. It will not disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by any other party for any marketing or commercial purpose, or permit another party to do so. Further, the district will take steps to minimize the collection, processing, and transmission of PII.

Except as required by law or in the case of enrollment data, the district will not report the following student data to the State Education Department:

  1. juvenile delinquency records;
  2. criminal records;
  3. medical and health records; and
  4. student biometric information.

The district has created and adopted a Parent’s Bill of Rights for Data Privacy and Security(see Exhibit 8635-E). It has been published on the District’s website and can be requested from the district clerk.

B. Third-party Contractors

The district will ensure that contracts with third-party contractors reflect that confidentiality of any student and/or teacher or principal PII be maintained in accordance with federal and state law and the district’s data security and privacy policy.

Each third-party contractor that will receive student data or teacher or principal data must:

  1. adopt technologies, safeguards and practices that align with the NIST CSF;
  2. comply with the district’s data security and privacy policy and applicable laws impacting the district;
  3. limit internal access to PII to only those employees or sub-contractors that need access to provide the contracted services;
  4. not use the PII for any purpose not explicitly authorized in its contract;
  5. not disclose any PII to any other party without the prior written consent of the parent or eligible student (i.e., students who are eighteen years old or older):
    1. except for authorized representatives of the third-party contractor to the extent they are carrying out the contract; or
    2. unless required by statute or court order and the third party contractor provides notice of disclosure to the district, unless expressly prohibited.
  6. maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of PII in its custody;
  7. use encryption to protect PII in its custody; and
  8. not sell, use, or disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by others for marketing or commercial purpose, or permit another party to do so. Third party contractors may release PII to subcontractors engaged to perform the contractor’s obligations, but such subcontractors must abide by data protection obligations of state and federal law, and the contract with the district.

If the third-party contractor has a breach or unauthorized release of PII, it will promptly notify the district in the most expedient way possible without unreasonable delay but no more than seven calendar days after the breach’s discovery.

C. Third-Party Contractors’ Data Security and Privacy Plan

The district will ensure that contracts with all third-party contractors include the third-party contractor’s data security and privacy plan. This plan must be accepted by the district.

At a minimum, each plan will:

  1. outline how all state, federal, and local data security and privacy contract requirements over the life of the contract will be met, consistent with this policy;
  2. specify the safeguards and practices it has in place to protect PII;
  3. demonstrate that it complies with the requirements of Section 121.3(c) of this Part;
  4. specify how those who have access to student and/or teacher or principal data receive or will receive training on the federal and state laws governing confidentiality of such data prior to receiving access;
  5. specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure PII is protected;
  6. specify how the third-party contractor will manage data security and privacy incidents that implicate PII including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the district;
  7. describe if, how and when data will be returned to the district, transitioned to a successor contractor, at the district’s direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires.

D. Training

The district will provide annual training on data privacy and security awareness to all employees who have access to student and teacher/principal PII.

E. Reporting

Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of student or teacher/principal PII maintained by the district will be promptly reported to the DPO, the Superintendent and the Board of Education.

F. Notifications

The DPO will report every discovery or report of a breach or unauthorized release of student, teacher or principal PII to the State’s Chief Privacy Officer without unreasonable delay, but no more than 10 calendar days after such discovery.

The district will notify affected parents, eligible students, teachers and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release or third-party contractor notification.

However, if notification would interfere with an ongoing law enforcement investigation, or cause further disclosure of PII by disclosing an unfixed security vulnerability, the district will notify parents, eligible students, teachers and/or principals within seven calendar days after the security vulnerability has been remedied, or the risk of interference with the law enforcement investigation ends.

The Superintendent , in consultation with the DPO, will establish procedures to provide notification of a breach or unauthorized release of student, teacher or principal PII, and establish and communicate to parents, eligible students, and district staff a process for filing complaints about breaches or unauthorized releases of student and teacher/principal PII.

II. “Private Information” under State Technology Law §208

“Private information” is defined in State Technology Law §208, and includes certain types of information, outlined in the accompanying regulation, which would put an individual at risk for identity theft or permit access to private accounts. “Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation.

Any breach of the district’s information storage or computerized data which compromises the security, confidentiality, or integrity of “private information” maintained by the district must be promptly reported to the Superintendent and the Board.

III. Employee “Personal Identifying Information” under Labor Law § 203-d

Additionally, pursuant to Labor Law §203-d, the District will not communicate employee “personal identifying information” to the general public. This includes Social Security number, home address, or telephone number, personal email address, internet identification name or password, surname of parent(s) and/or guardian(s) prior to marriage, or driver’s license number. In addition, the District will protect employee Social Security numbers in that such numbers shall not: be publicly posted or displayed; be printed on an ID badge, card, or time card; be placed in files with unrestricted access; or be used for occupational licensing purposes. Employees with access to such information shall be notified of these prohibitions and their obligations.

Any breach of the District’s computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the District shall be promptly reported to the superintendent and the Board.

Cross-ref:

1120, District Records
5500, Student Records
8630, Technology Resources and Data Management

Ref:

State Technology Law §§201-208
Labor Law §203-d
Education Law §2-d
8 NYCRR Part 121

Adoption date: January 4, 2012
Reapproved date: September 18, 2019
Revised date: August 12, 2020

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Policy 8635-R | Information Security Breach & Notification Regulation

View the PDF version of the Information Security Breach & Notification Regulation here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) acknowledges the state’s concern regarding the rise in identity theft and the need for prompt notification when security breaches occur. To this end, the Board directs the superintendent, in accordance with appropriate business and technology personnel, to establish regulations that addresses information and data privacy, security, breach and notification requirements for student and teacher/principal PII under Education Law §2-d, as well as private information under State Technology Law §208.

The District will inventory its computer programs and electronic files to determine the types of information that is maintained or used by the district, and review the safeguards in effect to secure and protect that information.

I. Student and Teacher/Principal PII under Education Law §2-d

A. Definitions

“Biometric record,” as applied to student PII, means one or more measurable biological or behavioral characteristics that can be used for automated recognition of person, which includes fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting.

“Breach” means the unauthorized acquisition, access, use, or disclosure of student PII and/or teacher or principal PII by or to a person not authorized to acquire, access, use, or receive the student and/or teacher or principal PII.

“Disclose” or Disclosure mean to permit access to, or the release, transfer, or other communication of PII by any means, including oral, written, or electronic, whether intended or unintended.

“Personally Identifiable Information” (PII) as applied to students means the following information for district students:

  1. the student’s name;
  2. the name of the student’s parent or other family members;
  3. the address of the student or student’s family;
  4. a personal identifier, such as the student’s social security number, student number, or biometric record;
  5. other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
  6. other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
  7. information requested by a person who the district reasonably believes knows the identity of the student to whom the education record relates.

PII (PII) as applied to teachers and principals means results of Annual Professional Performance Reviews that identify the individual teachers and principals, which are confidential under Education Law §§3012-c and 3012-d, except where required to be disclosed under state law and regulations.

“Third-Party Contractor” means any person or entity, other than an educational agency (i.e., a school, school district, BOCES or State Education Department), that receives student or teacher/principal PII from the educational agency pursuant to a contract or other written agreement for purposes of providing services to such educational agency, including but not limited to data management or storage services, conducting studies for or on behalf of the educational agency, or audit or evaluation of publicly funded programs. This includes an educational partnership organization receives student and/or teacher/principal PII from a school district to carry out its responsibilities pursuant to Education Law §211-e (for persistently lowest-achieving schools or schools under registration review) and is not an educational agency. This also includes a not-for-profit corporation or other nonprofit organization, other than an educational agency.

B. Complaints of Breaches or Unauthorized Releases of PII

If a parent/guardian, eligible student, teacher, principal or other district employee believes or has evidence that student or teacher/principal PII has been breached or released without authorization, they must submit this complaint in writing to the district. Complaints may be received by the Data Privacy Officer (DPO) but may also be received by any district employee, who must immediately notify the DPO. This complaint process will be communicated to parents, eligible students, teachers, principals, and other district employees.

The district will acknowledge receipt of complaints promptly, commence an investigation, and take the necessary precautions to protect PII.

Following its investigation of the complaint, the district will provide the individual who filed a complaint with its findings within a reasonable period of time. This period of time will be no more than 60 calendar days from the receipt of the complaint.

If the district requires additional time, or if the response may compromise security or impede a law enforcement investigation, the district will provide the individual who filed a complaint with a written explanation that includes the approximate date when the district will respond to the complaint.

The district will maintain a record of all complaints of breaches or unauthorized releases of student data and their disposition in accordance with applicable data retention policies, including the Records Retention and Disposition Schedule ED-1.

C. Notification of Student and Teacher/Principal PII Breaches

If a third-party contractor has a breach or unauthorized release of PII, it will promptly notify the DPO in the most expedient way possible, without unreasonable delay, but no more than seven calendar days after the breach’s discovery.

The DPO will then notify the State Chief Privacy Officer of the breach or unauthorized release no more than 10 calendar days after it receives the third-party contractor’s notification using a form or format prescribed by the State Education Department.

The DPO will report every discovery or report of a breach or unauthorized release of student, teacher or principal data to the Chief Privacy Officer without unreasonable delay, but no more than 10 calendar days after such discovery.

The district will notify affected parents, eligible students, teachers and/or principals in the most expedient way possible and without unreasonable delay, but no more than 60 calendar days after the discovery of a breach or unauthorized release or third-party contractor notification.

However, if notification would interfere with an ongoing law enforcement investigation or cause further disclosure of PII by disclosing an unfixed security vulnerability, the district will notify parents, eligible students, teachers and/or principals within seven calendar days after the security vulnerability has been remedied or the risk of interference with the law enforcement investigation ends.

Notifications will be clear, concise, use language that is plain and easy to understand, and to the extent available, include:

  1. a brief description of the breach or unauthorized release,
  2. the dates of the incident and the date of discovery, if known;
  3. a description of the types of PII affected;
  4. an estimate of the number of records affected;
  5. a brief description of the district’s investigation or plan to investigate; and
  6. contact information for representatives who can assist parents or eligible students with additional questions.

Notification must be directly provided to the affected parent, eligible student, teacher or principal by first-class mail to their last known address; by email; or by telephone.

Where a breach or unauthorized release is attributed to a third-party contractor, the third-party contractor will pay for or promptly reimburse the district for the full cost of such notification.

The unauthorized acquisition of student social security numbers, student ID numbers, or biometric records, when in combination with personal information such as names or other identifiers, may also constitute a breach under State Technology Law §208 if the information is not encrypted, and the acquisition compromises the security, confidentiality, or integrity of personal information maintained by the district. In that event, the district is not required to notify affected people twice, but must follow the procedures to notify state agencies under State Technology Law §208 outlined in section II of this regulation.

II. “Private Information” under State Technology Law §208

A. Definitions

“Private information” means either:

  1. personal information consisting of any information in combination with any one or more of the following data elements, when either the data element or the personal information plus the data element is not encrypted or encrypted with an encryption key that has also been accessed or acquired:
    1. Social security number;
    2. Driver’s license number or non-driver identification card number;
    3. Account number, credit or debit card number, in combination with any required security code, access code, password or other information which would permit access to an individual’s financial account;
    4. account number or credit or debit card number, if that number could be used to access a person’s financial account without other information such as a password or code; or
    5. biometric information (data generated by electronic measurements of a person’s physical characteristics, such as fingerprint, voice print, or retina or iris image) used to authenticate or ascertain a person’s identity; or
  2. a user name or email address, along with a password, or security question and answer, that would permit access to an online account.

“Private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;

“Breach of the security of the system” means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

B. Procedure for Identifying Security Breaches

In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the district will consider:

  1. indications that the information is in the physical possession and control of an unauthorized person, such as removal of lost or stolen computer, or other device containing information;
  2. indications that the information has been downloaded or copied;
  3. indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported; and/or
  4. any other factors which the district shall deem appropriate and relevant to such determination.

C. Notification of Breaches to Affected Persons

Once it has been determined that a security breach has occurred, the district will take the following steps:

  1. If the breach involved computerized data owned or licensed by the district, the district will notify those New York State residents whose private information was, or is reasonably believed to have been accessed or acquired by a person without valid authorization. The disclosure to affected individuals will be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and to restore the integrity of the system. The district will consult with the New York State Office of Information Technology Services to determine the scope of the breach and restoration measures.
  2. If the breach involved computer data maintained by the district, the district will notify the owner or licensee of the information of the breach immediately following discovery, if the private information was or is reasonably believed to have been accessed or acquired by a person without valid authorization.

    The required notice will include (a) district contact information, (b) a description of the categories information that were or are reasonably believed to have been accessed or acquired without authorization, (c) which specific elements of personal or private information were or are reasonably believed to have been acquired and (d) the telephone number and website of relevant state and federal agencies that provide information on security breach response and identity theft protection and prevention. This notice will be directly provided to the affected individuals by either:

  3. Written notice
  4. Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and that the district keeps a log of each such electronic notification. In no case, however, will the district require a person to consent to accepting such notice in electronic form as a condition of establishing a business relationship or engaging in any transaction.
  5. Telephone notification, provided that the district keeps a log of each such telephone notification.

    However, if the district can demonstrate to the State Attorney General that (a) the cost of providing notice would exceed $250,000; or (b) that the number of persons to be notified exceeds 500,000; or (c) that the district does not have sufficient contact information, substitute notice may be provided. Substitute notice would consist of all of the following steps:

  6. Email notice when the district has such address for the affected individual;
  7. Conspicuous posting on the district’s website, if they maintain one; and
  8. Notification to major media.

However, the district is not required to notify individuals if the breach was inadvertently made by individuals authorized to access the information, and the district reasonably determines the breach will not result in misuse of the information, or financial or emotional harm to the affected persons. The district will document its determination in writing and maintain it for at least five years, and will send it to the State Attorney General within ten days of making the determination.

Additionally, if the district has already notified affected persons under any other federal or state laws or regulations regarding data breaches, including the federal Health Insurance Portability and Accountability Act, the federal Health Information Technology for Economic and Clinical Health (HI TECH) Act, or New York State Education Law §2-d, it is not required to notify them again. Notification to state and other agencies is still required.

D. Notification to State Agencies and Other Entities

Once notice has been made to affected New York State residents, the district shall notify the State Attorney General, the State Department of State, and the State Office of Information Technology Services as to the timing, content, and distribution of the notices and approximate number of affected persons.

If more than 5,000 New York State residents are to be notified at one time, the district will also notify consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. A list of consumer reporting agencies will be furnished, upon request, by the Office of the State Attorney General.

If the district is required to notify the U.S. Secretary of Health and Human Services of a breach of unsecured protected health information under the federal Health Insurance Portability and Accountability Act (HIPAA) or the federal Health Information Technology for Economic and Clinical Health (HI TECH) Act, it will also notify the State Attorney General within five business days of notifying the Secretary.

Adoption date: January 4, 2012
Revised date: September 18, 2019
Revised date: August 12, 2020

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Policy 8640 | Data Privacy and Security

View the PDF version of Data Privacy and Security here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) is committed to adopting appropriate administrative, technical and physical safeguards and controls to protect and maintain the confidentiality, integrity and availability of its data, data systems and information technology resources. It is the policy of the District to:

  • comply with legal and regulatory requirements governing the collection, retention, dissemination, protection, and destruction of data;
  • maintain a Data Privacy and Security Program designed to satisfy its statutory and regulatory obligations, enable and assure core services, and fully support the District’s mission;
  • protect personally identifiable information, (PII) and sensitive and confidential information from unauthorized use or disclosure;
  • address the adherence of its vendors with federal and state requirements in its vendor agreements;
  • train users to protect student data and data systems;
  • identify required data security and privacy responsibilities and goals, integrate them into relevant processes, and commit the appropriate resources towards the implementation of such goals; and
  • communicate its required data security and privacy responsibilities and goals and the consequences of non-compliance, to its users.

I. Standard

The District will utilize the National Institute of Standards and Technology’s Cybersecurity Framework v 1.1 (NIST CSF or Framework) and/or any other framework required by legislation or regulation in the future as the standard for its Data Privacy and Security Program.

II. Scope

This policy encompasses all systems, automated and manual, including systems managed or hosted by third parties on behalf of the educational agency and it addresses all information, regardless of the form or format, which is created or used in support of the activities of an educational agency.

This policy shall be published on the District website and notice of its existence shall be provided to all employees and authorized users (“Users”), including District employees, students, independent contractors, interns and volunteers.

III. Compliance

Administrators are responsible for working with the District Data Privacy Officer (DPO) to monitor and enforce compliance of their programs and offices with this policy, related policies, and their applicable standards, guidelines and procedures. Instances of non-compliance will be addressed on a case-by-case basis. All cases will be documented, and program offices will be directed to adopt corrective practices, as applicable.

IV. Oversight

The DPO shall annually report to the Board on data privacy and security activities and progress, the number and disposition of reported breaches, if any, and a summary of any complaint submitted pursuant to Education Law §2-d.

V. Data Privacy

  1. Laws such as the Family Educational Rights Privacy Act (FERPA), NYS Education Law §2-d and other state or federal laws establish baseline parameters for what is permissible when sharing student PII. Data must only be used in accordance with applicable laws, regulations and SED policies.
  2. The District has established a Data Governance Team to manage its use of data. The DPO and the Data Governance Team will work with appropriate stakeholders to address the specific requirements of Education Law §2-d(5)(b)(1) and (2) to promote practices that require every use and disclosure of PII by the District to benefit students and the district and enforce the requirement that PII not be improperly included in public reports or other public documents;
  3. No student data shall be shared with third parties without a written agreement that complies with state and federal laws and regulations. No student data will be provided to third parties unless it is permitted by state and federal laws and regulations. Third-party contracts must include provisions required by state and federal laws and regulation.
  4. The District will use reasonable efforts consistent with applicable laws and regulations to confirm the identity of all individuals requesting PII, even where they claim to be a parent or eligible student or the data subject.
  5. It is the District’s policy to provide all protections afforded to parents and persons in parental relationships, or students where applicable, required under FERPA, the Individuals with Disabilities Education Act, and the federal regulations implementing such statutes. Therefore, the District shall ensure that its contracts require that the confidentiality of student data or teacher or principal APPR data be maintained in accordance with federal and state law and this policy.
  6. Contracts with third parties that will receive or have access to PII must include a Data Privacy and Security Plan that outlines how the contractor will ensure the confidentiality of data is maintained in accordance with state and federal laws and regulations and this policy.

VI. Incident Response and Notification

The District will respond to data privacy and security critical incidents in accordance with its Information Security Breach and Notification Policy (8635) and Regulation (8635-R). All breaches of data and/or data systems must be reported to the DPO and superintendent. All breaches of PII or sensitive/confidential data must be reported to the DPO and superintendent. For purposes of this policy, a breach means the unauthorized acquisition, access, use, or disclosure of student, teacher or principal PII as defined by Education law §2-d, or any SED sensitive or confidential data or a data system that stores that data, by or to a person not authorized to acquire, access, use, or receive the data.

State and federal laws require that affected individuals must be notified when there has been a breach or unauthorized disclosure of certain PII. Upon receiving a report of a breach or unauthorized disclosure, the State Chief Privacy Officer, District counsel and other subject matter experts will determine whether notification of affected individuals is required, and where required, effect notification in the most expedient way possible and without unreasonable delay.

VII. Acceptable Use Policy

Users must comply with all other applicable District policies, including the Acceptable Use Policy (4526) and Acceptable Use Policy Regulation (4526-R) in using District resources. Access privileges will be granted in accordance with the user’s job responsibilities and will be limited only to those necessary to accomplish assigned tasks in accordance with State Entity missions and business functions (i.e., least privilege). Accounts will be removed, and access will be denied for all those who have left the District or moved to another department.

VIII. System Access

The Director of Technology, in consultation with the superintendent, will develop procedures for accessing District information systems, which may include use of passwords or other processes and technology that provide a reasonable level of security based on reasonably anticipated risks and threats of unauthorized access to District information systems and data.

IX. Remote Computing

The Director of Technology, in consultation with the superintendent, will develop procedures for accessing District information and information systems remotely that provide a reasonable level of security based on reasonably anticipated risks and threats to District information systems and data.

The Director of Technology, in consultation with the superintendent8640, will develop procedures for selecting and using third-party solutions for remote delivery of information and instructional services that provide a reasonable level of security based on reasonably anticipated risks and threats to District information systems and data.

X. Training and Guidance

District officers and staff must annually complete the information security and privacy training offered by the department. The Director of Technology, in consultation with the superintendent, will develop procedures for providing relevant security training and/or other guidance to other authorized users of District information systems and information, including contractors, interns, volunteers and students. The training and guidance provided will be appropriate to the type of data and systems accessible by the User.

Cross-ref:

4526, Acceptable Use Policy
4526-R, Acceptable Use Policy Regulation
8635, Information Security Breach and Notification
8635-R, Information Security Breach and Notification Regulation

Ref:

Education Law §2-d
Family Educational Rights Privacy Act (FERPA)

Adoption date: August 12, 2020


Policy 8700 | Insurance

View the PDF version of the Insurance Policy here.

The Bethlehem Central School District (the District) shall purchase insurance coverage necessary to protect the District to an optimum extent from loss of property and judgments and awards arising out of liability claims. The Board of Education (the Board) shall select a broker who shall advise it in the administration of the insurance program. 

The superintendent shall have general knowledge of the provisions of all insurance policies carried by the District. The superintendent shall annually review the insurance program for the purpose of considering if there are prudent adjustments to be made in coverage resulting from, but not limited to, expansion of the District’s risks, relevant new laws, and superseding conditions that make changes in coverage appropriate. At the time of accident or loss, he/she shall see that action is taken necessary to protect the interests of the District.

The Board shall purchase with District funds the type and amount of insurance appropriate to protect itself as a corporate body, its individual members, its appointed officers, and its employees from financial loss arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to any person or accidental damage to the property of any person within or without the school buildings while the above-named insured are acting in the discharge of their duties within the scope of their employment and/or under the direction of the Board. Such purchase will take into account the price of insurance, appropriate deductibles, and other relevant factors.

Premiums for such accident insurance as is deemed appropriate for students in grades pre-kindergarten through twelve, participating in interscholastic, intramural, and physical education sports activities, or while engaged in practice preparation for such games, sports, or contests, will be paid from the General Fund.

Ref: Education Law §§1709(8)(8-a)(8-b); 3023; 3028; 3811
General Municipal Law §§6-n; 50-c and 50-e
Lynd v. Heffernan, 286 AD 597 (3d Dept. 1955)
Surdell v. City of Oswego, 91 Misc.2d 1041 (1977)

Adoption date: June 19, 2002
Revised date: September 18, 2019

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