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Support Services (Series 8000)

All policies are listed in policy number order. If you would like to search the page by policy title or policy number, hit the Control and F keys (Command and F if you’re on a Mac) at the same time and type in your keyword or policy number. Otherwise the Support Services Policies are as follows:


Policy 8000 | Support Services Goals

View the PDF version of the Support Services Goals Policy here.

Support services, which include safety and maintenance programs, transportation, food services, insurance management and office services, are essential to the successful functioning of the school district. Education is the district’s central function, and all support services shall be provided, guided, and evaluated by this function.

Adoption date: June 19, 2002

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Policy 8110 | School Building Safety

View the PDF version of the School Building Safety Policy here.

The Board of Education recognizes that a safe, secure and healthy school environment is necessary to promote effective learning. The Board is committed to ensuring that all school buildings are properly maintained and preserved and provide a suitable educational setting.

Consistent with the requirements of state law and regulations, the Board will:

  1. appoint a Health and Safety Committee composed, at a minimum, of representation from district administration, school staff, bargaining units and parents which shall perform the functions listed in Policy 8112, Health and Safety Committee;
  2. review and approve all annual building inspections and building condition surveys;
  3. take immediate action to remedy serious conditions in school buildings affecting health and safety and report such conditions to the Commissioner of Education; and
  4. annually review the school facility report card for each building and report in a public meeting on the status of each item contained in the report card. The report card must provide information on a building’s age, size, enrollment, useful life, safety rating, visual inspection and building condition survey results and other items prescribed by the Commissioner.

The Superintendent of Schools 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.

Cross-Ref:

  • 7100, Facilities Planning
  • 7365, Construction Safety
  • 8112, Health and Safety Committee
  • 8220, Buildings and Grounds Maintenance and Inspection

Ref:

  • Education Law §§ 409-d (Comprehensive Public School Building Safety Program): 409-e (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring)
  • 8 NYCRR Part 155 (Educational Facilities)
  • 9 NYCRR Parts 600-1250 (Uniform Fire Prevention and Building Code)

Adoption date: June 19, 2002

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Policy 8111 | Reporting of Hazards

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

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

  1. the acquisition, maintenance and review of Material Safety Data Sheets (MSDS’s) 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 as soon as possible. In addition, designated administrators will provide notice of hazardous materials to current and former employees within 72 hours of a request.

If students observe other students acting in an unsafe manner, this behavior should be reported 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

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Policy 8111-R | Reporting of Hazards Regulations

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

The Hazard Communication Program is intended to address the issue of evaluating and communicating hazard information to district employees. The following summarizes the responsibilities of those persons most directly involved with the successful implementation of this program.

Director of Facilities and Operations

  1. Develops and oversees the implementation of a written hazard communication program in accordance with the Federal Hazards Communication standard.

Health and Safety Coordinator

  1. Provides employees with training on hazardous materials and the measures required to maintain optimum protection while working with these agents.
  2. Reviews Material Safety Data Sheets for all products currently in use or being considered for use.
  3. Maintains an inventory of Material Safety Data Sheets for all hazardous materials.
  4. Requests specific chemical information when such material has been designated as a trade secret by a manufacturer or supplier.
  5. Establishes procedures to maintain the confidentiality of trade secret information.

Head/Chief Custodian

  1. Implements the Hazard Communication Program.
  2. Generates and maintains inventory listings of all hazardous materials present and provides updates where and when necessary.
  3. Acts as employee contact for obtaining Material Safety Data Sheets from the State Health Department and/or manufacturers/suppliers of materials currently in use or being considered for use.
  4. Compiles Material Safety Data Sheets for each hazardous material used and obtains updates when necessary.
  5. Ensures that Material Safety Data Sheets are readily accessible to employees, and will provide such information within 72 hours of an employee request.
  6. Ensures that each container identified as holding a hazardous material is properly labeled as to the identity of its contents and appropriate hazard warnings, including building materials containing asbestos.

Staff Members

  1. Actively participate in mandated training programs and comply with training provisions.
  2. Familiarize themselves with the Material Safety Data Sheets of those hazardous materials with which they work.
  3. Utilize those measures that have been distributed to protect themselves from adverse exposure to hazardous materials.

Adoption date: June 19, 2002

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Policy 8112 | Health and Safety Committee

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

The Board of Education recognizes the importance of the participation of district staff and parents in promoting a safe, secure and healthy school environment. In accordance with Commissioners regulations, the Board will appoint a Health and Safety Committee composed, at a minimum, of representation from district officials, staff, bargaining units and parents.

The committee will participate in monitoring the condition of occupied school buildings to assure that they are safe and maintained in a state of good repair. The Superintendent of Schools will ensure that the committee is appropriately involved in all of the activities required by the Commissioners regulations. Specifically, the committee will:

  1. Participate in the investigation and disposition of health and safety complaints.
  2. Ensure that at least one member of the committee participates in the annual visual inspection.
  3. Consult with district officials in completing safety ratings of all occupied school buildings.
  4. Monitor safety during school construction projects including periodic meetings to review issues and address complaints related to health and safety resulting from the project.
  5. 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, construction manager and contractor. 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
  • 8110, School Building 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

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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 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 Commissioners 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 non-targeted organisms.

Notification of Pesticide Application

All district staff and parents/guardians will be notified of pesticide applications performed at any school facility. A notice will be sent at the beginning of the school year which will include:

  1. Notification of periodic pesticide applications throughout school year.
  2. The availability of 48-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 name and number of the school representative who can provide further information.

A separate notice will be sent to staff and parents within two days of the end of winter and spring recess and within 10 days of the end of the school year which includes the date, location and product used for each pesticide application which required prior notification and each emergency application.

The Superintendent of Schools and/or 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)
  • 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

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Policy 8123 | Hygiene Precautions and Procedures

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

The Board of Education, in order to promote and ensure the health and safety of all students and staff, adopts the following policy on hygiene and sanitary procedures for dealing with exposure to the contact with blood and other body fluids.

To prevent and/or minimize the transmission of contagious or communicable diseases or infections within the school community, all employees of the school district shall utilize appropriate precautions when providing first aid or otherwise dealing with situations that involve exposure to blood and other body fluids. Such precautionary measures will be followed uniformly in all instances and shall be applicable in all buildings and facilities throughout the school district.

The Superintendent of Schools is responsible for developing appropriate procedures to implement this policy and for informing all staff of such procedures and ensuring compliance with them. The failure by any employee to utilize such procedures may form the basis for disciplinary action.

Cross-ref:

  • 5420, Student Health Services

Ref:

  • National School Lunch Agreement
  • State Sanitary Code, Chapter 1, part 14 (“Service Food Establishments”)

Adoption date: June 19, 2002

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Policy 8123-R | Hygiene Precautions and Procedures Regulation

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

The following procedures shall be followed by all employees 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 (10%) 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 cleanup spills should be disinfected with the bleach solution and then washed out before storage or reuse.
  5. Toys and/or other personal non-disposable 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 non-disposable items, including clothing. It is recommended that all non-disposable 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 (“hygiene kit”0 shall be maintained in each classroom and in all other locations within the school 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

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Policy 8123.1 | Contagious Diseases

View the PDF version of the Contagious Diseases Policy here.

The board of Education 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 regulation, the Superintendent of Schools shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure to 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 which 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

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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 addressed in an expeditious and effective manner. The Board of Education recognizes its responsibility to adopt and amend a comprehensive district wide school safety plan and building-level emergency response plan(s) regarding crisis intervention, 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 district-wide school safety team and plan

The Board will appoint a district-wide 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 district-wide school safety plan. The plan shall cover all district school buildings and shall address crisis intervention, emergency response and management at the district level. It shall include all those elements required by law and regulation.

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 Building Principal shall be responsible for appointing a school safety team that includes representation from teachers, administrators, parent organizations, school safety personnel, other school personnel, local law enforcement officials, 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:

  • 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
  • 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 Building 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

The members of all district and building-level teams shall be appointed on an annual basis. In appointing team members, the Board and the Building Principal 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 July 1st every year and updated as needed. Each team shall submit a report to the Board annually stating that it has reviewed the plans and setting forth its recommendations for revisions, if any, to the plan. 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 which may necessitate updating of plans.

The Superintendent of Schools shall be responsible for filing the district level school safety plan and any amendments to the plan with the Commissioner within 30 days after their adoption. Each Building 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 30 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

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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 Schools 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 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.

Among the other factors the Superintendent may consider are 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

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Policy 8212 | Vandalism

View the PDF version of the Vandalism Policy here.

The Board of Education 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) believed to be responsible shall be reported to the Superintendent of Schools.

After repair or replacement of property, a bill for labor and materials shall be sent to the parent(s)/guardian(s) with a request for payment. The Board may determine that legal action against a vandal and/or his/her parents/guardians should be brought to recover costs for damages* caused by a willful, malicious or unlawful act of the child. The Board will direct the school attorney to institute and prosecute such 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. All information pertaining to the investigation will be forwarded to the school attorney and the 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

*State law now permits parental liability for up to five thousand dollars ($5,000)

**State law now permits monetary rewards for up to one thousand dollars ($1,000)

Adoption date: June 19, 2002

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Policy 8220 | Building and Grounds Maintenance and Inspection

View the PDF version of the Building and Grounds Maintenance and Inspection Policy here.

To accommodate the districts educational program, the Board of Education is committed to providing suitable and adequate facilities. To this end, proper maintenance and inspection procedures are essential. The Board directs the Superintendent of Schools to ensure that proper maintenance and inspection procedures are developed for every school building.

Consistent with federal and state law and regulations, the following items will be included in the districts buildings and grounds maintenance and inspection procedures.

Comprehensive Maintenance Plan

A comprehensive maintenance plan for all major building systems will be instituted to ensure the building is maintained in a state of good repair. Such plan will include provisions for a least toxic approach to integrated pest management and establish maintenance procedures and guidelines which will contribute to acceptable indoor air quality. The plan shall be available for public inspection.

Procedures will also be established to ensure the safety of building occupants during maintenance activities including standards for exiting and ventilation, asbestos and lead protocols, noise abatement and control of chemical fumes, gases and other contaminants.

Building Condition Surveys

Each occupied district building will be assessed every five years by a building condition survey. This survey will be conducted by a team that includes at least one licensed architect or engineer and will include a list of all program spaces and inspection of building system components for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement. Building condition survey reports will be submitted to the Commissioner by January 15, 2001 and January 15th of every fifth year thereafter.

Annual Visual Inspections

A visual inspection of building system components in each occupied district building will take place annually except for years in which a Building Condition Survey is performed. The inspection will be conducted by a team including a local code enforcement official, the Facilities Director or his/her designee and a member of the Health and Safety Committee. The inspection will be completed each year and will be made available to the public.

A corrective action plan will be developed by a licensed architect or engineer if a deficiency exists in the building.

Fire Safety Inspections

An annual inspection for fire and safety hazards will be conducted in accordance with a schedule established by the Commissioner of Education. The inspection will be conducted by a qualified fire inspector and the report will be kept in the district office. Any violation of the State Uniform Fire Prevention and Building Code shall be corrected immediately or within a time frame approved by the Commissioner.

Safety Rating System

A safety rating keyed to the structural integrity and overall safety of each occupied school building will be provided on an annual basis in consultation with the Health and Safety Committee. Safety ratings will be based on the safety rating system developed by the Commissioner and will comply with all statutory and regulatory requirements.

Building Principals shall, on an on-going basis, undertake their own inspections of school buildings and grounds, searching for any dangerous or hazardous conditions and take immediate steps to remedy the problem.

Cross-Ref.:

  • 7100, Facilities Planning
  • 7365, Construction Safety
  • 8110, School Building Safety
  • 8112, Health and Safety Committee
  • 8115, Pesticides and Pest Management

Ref:

  • 29 CFR 1910 et seq (OSHA Hazard Communication)
  • 40 CFR Part 763 (Asbestos Hazard Emergency Response Act)
  • Education Law 409-d (Comprehensive Public School Safety Program);
  • 409-e (Uniform Code of Public School Buildings Inspections, Safety Rating and Monitoring); 807-a(Fire Inspections)
  • Labor Law  875-883(toxic substances)
  • Public Health Law 4800-4808 (Right to Know, toxic substances)
  • Environmental Conservation Law 33-0725 (Pesticides)
  • 6 NYCRR Part 325 (Pesticides)
  • 8 NYCRR 155.1(Educational Facilities); 155.4 (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring); 155.8 (Fire and Building Safety Inspections)
  • 9 NYCRR Parts 600-1250 (Uniform Fire Prevention & Building Code)
  • 12 NYCRR Part 56 (Industrial Code Rule concerning asbestos)
  • Appeal of Anibaldi, 33 Educ. Dept Rep. 166 (1993) (district required to monitor students physical symptoms when air quality caused health problems)
  • Guidelines for the Evaluation and Control of Lead-Based point Hazards in Housing, U.S. Department of Housing and Urban Development, Washington D.C., June 1995)
  • 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

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Policy 8332 | Use of Cell Phones

View the PDF version of the Use of Cell Phones Policy here.

The Board of Education recognizes that certain district employees will be required to carry district-owned cell phones in order to meet their job responsibilities. Such phones should be provided only when a less costly alternative (e.g., pager, radio) is not available or is not appropriate in the circumstances.

A list of job titles requiring district-owned cell phones shall be maintained in the Business Office and reported to the Board each year at its reorganizational meeting in July. The district shall establish the level of service contract and all such contracts shall be secured in accordance with the district’s purchasing policy.

Employees shall make every attempt to use their cell phones for business purposes only. In the event an employee uses a district-owned cell phone for other than business purposes, he/she shall keep such call to a reasonable length and reimburse the district for such non-business call within 30 days if expenses are incurred under such service plan. Failure to follow these guidelines and to reimburse the district may result in revocation of the phone and discipline of the employee.

As with any district-owned equipment, employees must take proper care of cell phones and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office.

Adoption date: June 15, 2005
Revised: October 4, 2006
Re-Adopted: July 6, 2011

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Policy 8334 | Use of Credit Cards

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

The Board of Education 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. Any damage, loss, or theft 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 designee, shall provide a copy of this policy to each cardholder and inform each cardholder 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)

Note: Policy Draft

Adoption date: June 15, 2005
Re-adopted: July 6, 2011
Re-adopted: July 3, 2012

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

View the PDF version of the Idling of School Buses & Private Vehicles on School Grounds Policy here.

All district-owned and district-hired school buses 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.

No bus shall idle at any location except in compliance with applicable laws that limit idling.

All privately owned passenger vehicles, including cars, minivans, pick-up trucks, and SUV’s, shall not idle while on school property.

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

Adoption date: January 19, 2005

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

View the PDF version of the Idling of School Buses & Private Vehicles on School Grounds Regulation here.

Bethlehem Central School 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 regulation will be in effect:

  1. All buses will be shut off while waiting for passengers to load and offload at school yards.
  2. When arriving at school location, all buses must shut off their engines as soon as practical, especially if buses bust wait with student onboard before they disembark.
  3. 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.

Privately-owned passenger vehicles, including cars, minivans, pick-up trucks, and SUV’s, may idle for up to thirty (30) seconds while on school grounds to drop off or pick up students.

Dissemination

The district’s policy and regulation shall be provided to:

  1. all district bus drivers and bus garage personnel;
  2. all privately-owned bus companies and their drivers hired by the district;
  3. every school principal;
  4. every school nurse;
  5. the District Athletic Director;
  6. each union President in the district;
  7. all Presidents’ Council representatives

The district shall post the policy and regulation 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 and regulation at its discretion, including in any mailing to the students and families in the district or in the newspaper.

Adoption date: January 19, 2005

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Policy 8411 | School Bus Scheduling and Routing

View the PDF version of the School Bus Scheduling and Routing Policy here.

The District transportation supervisor and chief business and financial officer shall establish bus routes. Authorized bus stops shall be located at appropriate intervals in places where students may embark and disembark the buses, cross highways, and await the arrival of buses in a safe manner.

Adoption date: June 19, 2002
Revised date: February 6, 2013

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Policy 8411-R | School Bus Scheduling and Routing Regulation

View the PDF version of the School Bus Scheduling and Routing Regulation here.

Bus routes will be established by 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, cross highways, and await the arrival of buses with the safety allowed by road conditions.
  2. Fixed Stops — Fixed bus stops will be established using the following guidelines:
    1. Generally, dead-end and loop streets will not be serviced by school buses. Whenever possible, stops will be at the intersections of two streets.
    2. Numbers of students at bus stops will be varied according to the concentration of riders in an area, the degree of traffic, the presence of stop signs, speed limits, and bus turnaround requirements.
    3. The appropriate number of students that a stop will safely and adequately hold will be scheduled per stop.
    4. Walking distances to pick-up points may be varied according to grade level. Grade levels K-5 may be required to walk up to 1/10th mile, grades 6-8 may be required to walk up to ½ mile, and grades 9-12 may be required to walk up to one (1) mile.
    5. An effort will be made to minimize crossing of the road by students, on those roads deemed by the Transportation Department to be unwise to cross.
  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 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

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Policy 8412 | Walking Distance to a Bus Stop

View the PDF version of the Walking Distance to a Bus Stop Policy here.

The Board of Education 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 (1) mile from home to the bus stop.
  4. Any exceptions to the above guidelines will be at the discretion of the director of transportation.

Parents/guardians 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

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Policy 8413 | Public School Transportation

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

Resident pupils are eligible for transportation between home/childcare location and 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 after school 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 parents, guardians, or daycare providers to insure 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

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Policy 8413.1 | Non-public School Transportation

View the PDF version of the Non-public School Transportation Policy here.

Resident pupils attending nonpublic schools outside of the Bethlehem Central School District will be transported up to a maximum of fifteen miles from their home to the school, in accordance with State regulations.

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 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.

Ref:

  • Education Law

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

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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 Bethlehem Central School District will not tolerate the operation of any vehicle utilized by the district for the transportation of children or the performance of any safety sensitive function as defined by the Omnibus Transportation Employee Testing Act of 1991 (P.L. 102-143) (Omnibus Act), by any person, whether an employee of the district or the employee of another, while such person is under the influence of drugs or alcohol.

Pursuant to and a part of said policy, the district hereby adopts the terms and conditions of the Omnibus Act, including the Regulations promulgated by the United States Department of Transportation (DOT) relating to same, as both such shall from time to time be amended, and directs the Superintendent of Schools to issue administrative regulations necessary to implement this policy and comply with the Omnibus Act, Regulations and other applicable laws, and further to take any and all steps necessary to insure full compliance with same.

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 382
  • 49 CFR Part 40
  • 49 CFR §395.20
  • Vehicle and Traffic Law, §§509-1; 1192; 1193

Adoption date: June 19, 2002

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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.

Purpose

The United States Department of Transportation (hereinafter referred to as the “DOT”) has issued regulations (49 CFR parts 40, 382, 391, 392, and 395) (hereinafter referred to as the “Regulations”) pursuant to the Omnibus Transportation Employee Testing Act of 1991 (P.L. 102-143) (hereinafter referred to as the “Omnibus Act”) which govern the use of drugs and alcohol by commercial motor vehicle drivers, and which require the Bethlehem Central School District (hereinafter referred to as the “District”) to conduct mandatory drug and alcohol testing of covered drivers at the times and under the conditions described in this Administrative Regulation. The Regulations require testing to begin on January 1, [1995 or 1996]. The purpose of this Administration Regulation is to comply with these requirements and to implement Board of Education Policy No. 6.7 dated January 4, 1995.

Applicability

  1. Under the district’s Policy, drug and alcohol testing will be conducted on any current and/or prospective “driver” who may be required to operate a “commercial motor vehicle” (as these terms are defined in this Administrative Regulation). The district will also obtain assurance once every six months from its independent contractors that provide covered drivers for district work, that such drivers are participating in an alcohol and drug testing program consistent with the Regulations.
  2. All applicants for positions with the district as a driver of a commercial motor vehicle (regardless of whether they are new applicants or transfers) will be notified of the district’s position with the district and that any offer of apply for a covered driver position with the district and that any offer of employment as such a driver will be conditioned on compliance therewith.

Definitions

  1. Accident means any occurrence involving a commercial motor vehicle operating on a public road which results in:
    1. a fatality; or
    2. the driver being cited for a moving traffic violation, and (a) a person is injured because of the accident and the injuries require immediate medical treatment of the person away from the accident scene; or (b) one or more motor vehicles involved in the accident incurred disabling damage and must be transported away from the accident scene by a tow truck or anther vehicle.
  2. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
  3. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under the district’s policy and Administration Regulation as described herein.
  4. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
  5. Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle:
    1. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
    2. Has a gross vehicle weight rating of 26,001 or more pounds; or
    3. Is designed to transport 16 or more passengers, including the driver, or is used by or on behalf of the district to transport students, regardless of the capacity of such vehicle; or d. Is of any size and is used in the transportation of materials found to be hazardous for the purpose of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
  6. Confirmation test for alcohol testing means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry [GC/MS] is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines and phencyclidine).
  7. Controlled Substance means:
    1. any substance listed on Schedule I of Appendix D to Subchapter B of Title 49 of the Code of Federal Regulations or other substance identified in Schedule I;
    2. an amphetamine or any formulation thereof (including, but not limited to “pep pills” and “bennies”);
    3. a narcotic drug or any derivative thereof; or
    4. any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.
  8. DHHS. The Department of Health and Human Services or any designee of the Secretary of the Department of Health and Human Services
  9. Driver means any employee who operates a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers and casual, intermittent or occasional drivers who operate a commercial motor vehicle at the direction of or with the consent of the district. For the purposes of preemployment/pre-duty testing only, the term driver includes a person applying to the district to drive a commercial motor vehicle.
  10. Medical Review Officer (MRO). A licensed physician responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his/her medical history and any other relevant bio-medical information.
  11. On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work.
  12. Performing a safety-sensitive function. A driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
  13. Refuse to submit (to an alcohol or controlled substances test) means that a driver (i) Fails to provide adequate breath for testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with the provisions of the district’s Policy and Administration Regulation, (ii) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of the district’s Policy and Administrative Regulation, or (iii) engages in conduct that clearly obstructs the testing process.
  14. Safety-sensitive function include:
    1. All time at or on district property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the district;
    2. All time inspecting equipment as required by 49 CFR §§392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
    3. All time spent driving a commercial motor vehicle;
    4. All time, other than driving time, in or upon any commercial motor vehicle;
    5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle;
    6. All time spent performing the driver requirements of 49 CFR §§ 392.40 and 392.41 relating to accidents; and
    7. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
  15. Screening test (also known as initial test). In alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate “negative” urine specimens from further consideration.
  16. Substance abuse professional (SAP) means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge and/or clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

Prohibited Activities

The Regulations expressly prohibit drivers from:

  1. reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while the driver has an alcohol concentration of 0.04 or greater;
  2. possessing any amount of alcohol (including alcohol found in medications, food, or other alcohol-containing products) while on duty or operating a commercial motor vehicle, unless the alcohol is manifested and transported as part of a shipment;
  3. using alcohol at any time while performing any safetysensitive function;
  4. using alcohol within four hours prior to performing any safety-sensitive function;
  5. using alcohol for eight hours following an accident (as defined in this Administrative Regulation) or until he or she undergoes a post-accident alcohol test, whichever occurs first;
  6. refusing to submit to an alcohol or controlled substance test (as defined in this Administrative Regulation);
  7. reporting for duty, remaining on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substances, except when the use is pursuant to the instruction of a physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle;
  8. failing to inform the district that he/she is using any therapeutic drug or other substance prescribed by a physician. In the event such physician prescribed treatment is being utilized, such driver must inform the district and provide said district with a written statement by his or her physician that the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle; and i. reporting for duty, remaining on duty or performing safety sensitive functions when the driver tests positive for controlled substances.

Drivers are also prohibited from failing to inform the district, consistent with existing district rules that may require such notification, that the driver is using drugs other than therapeutic drugs.

Any violation of the Omnibus Act, the Regulations, the district’s policy regarding Controlled Substance and Alcohol Testing, this Administrative Regulation and the district’s Drug and Alcohol Testing Educational Material is also considered prohibited conduct.

Drivers (excluding applicants for covered driving positions) who violate these prohibitions will be subject to the actions mandated by the DOT as described in this Administrative Regulation. Drivers who violate these prohibitions may also be subject to disciplinary action by the district, up to and including discharge, in a manner consistent with the DOT regulations, the district’s preexisting policies, practices, and any applicable laws and the collective bargaining agreement.

Required Testing

The district is required by DOT to conduct tests under the following conditions or times:

  1. before a driver-applicant is hired or an existing employee seeking to become a driver performs safety-sensitive functions (“pre-employment/pre-duty” testing) as described in 49 CFR § 382.301;
  2. following certain accidents (post-accident testing) as described in 49 CFR § 382.303;
  3. on a random basis as described in 49 CFR § 382.305;
  4. for reasonable suspicion as described in 49 CFR §382.307;
  5. return-to-duty testing after engaging in prohibited conduct as outline in Section 4.1 of this Regulation as described in 49 CFR § 382.309; and
  6. follow-up testing as described in 49 CFR § 382.311 for individuals in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances.

With respect to Section 5.1 (i) above, any applicant for a covered driving position who refuses or fails to execute the acknowledgement that he or she has received and read the district’s Drug and Alcohol Testing Educational Material, who refuses or fails to submit to a pre-employment/pre-duty drug and alcohol test as directed, or whose result is positive for either test, will not be considered eligible to work as a driver for the district. In addition, existing workers applying for driver positions may be subject to discipline, 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.

Methods of Testing

To ensure the integrity and accuracy of each test, all specimen collection, analysis, and laboratory procedures shall be conducted in accordance with DOT’s procedural protocols and safeguards, as set forth in Part 40 of Title 49 of the Code of Federal Regulations. This includes, among other things: (i) procedures to ensure the correct identity of each driver at the time of testing; (ii) a chain-of-custody procedure to ensure that the driver’s specimen is not tampered with; (iii) the use of a trained breath alcohol technicians (BAT) and DOT approved testing devices for conducting alcohol tests; (iv) the use of a DHHS-certified laboratory; (v) the confirmation or an initial positive drug screen by a second analysis using gas chromatography/mass spectrometry (GCMS); (vi) the confirmation of an initial positive alcohol screen by a second analysis; (vii) the district’s appointment of a qualified Medical Review Officer (MRO) to review the drug test results before they are reported to the district’s designated representative. For purposes of complying herewith, the Board of Education shall, by separate action, appoint a MRO to serve at its pleasure and shall act in an expeditious manner to fill any vacancy in such position.

To further facilitate the integrity and accuracy of each test, the district will provide drivers with written and/or oral instructions regarding the conduct of the specific test before each testing event. The district considers all such instructions to be a part of the district’s policy and the district’s administrative regulation. Drivers who refuse or otherwise fail to comply with all such instructions will be subject to disciplinary action, up to any including discharge, in a manner consistent with the district’s preexisting policies, practices, and any applicable laws and the collective bargaining agreement.

Test Results

For Drug Tests

Before a driver’s test result will be confirmed positive for drugs, the driver will be given the opportunity to speak with the district’s MRO and demonstrate that there was a legitimate medical explanation for the positive test result. If the MRO determines that a legitimate medical reason does exist, the test result will be reported to the district as “negative.” If the MRO determine that a legitimate medical reason does not exist, the test result will reported to the district as a “confirmed positive.”

In the event that the test result of a driver’s primary specimen is confirmed positive, the driver will be notified by district and advised that he/she has 72 hours to request that the MRO send his/her secondary specimen to a second, DHHS-approved laboratory for analysis. Pending the outcome of this additional analysis, the driver will be prohibited from performing and safety-sensitive functions and, when appropriate, be given a temporary alternative assignment.

For Alcohol Tests

In the event that the driver provides an adequate breath specimen and the initial test registers an alcohol concentration level that is less than 0.02 or greater, the test result will be reported as a “negative,” and no additional test will be required at that time.

In the event that the driver provides an adequate breath specimen and the initial test registers an alcohol concentration level of 0.02, or greater, a second, confirmatory test will be performed. In the event that the driver provides an adequate breath specimen and the confirmatory test registers less than 0.02, the test result will be reported to the district as “negative.”

Any driver whose confirmatory test registers 0.02 or more but less than 0.04 will be prohibited from performing any safety-sensitive function until the driver’s next regularlyscheduled duty period, but for no less than 24 hours after the test is given. Such a driver may also be subject to additional disciplinary action by the district, up to an including discharge, in a manner consistent with the district’s pre-existing policies, practices, and any applicable laws and the collective bargaining agreement.

A driver who, after providing an adequate breath specimen, has a confirmatory test which registers 0.04 or greater will, at a minimum be suspended from performing safetysensitive functions until the requirement of 49 CFR §382.605 are met, and will be subject to additional disciplinary action by the district, up to and including discharge, in a manner consistent with the district’s preexisting policies, practices, and any applicable collective bargaining agreement.

Consequences for Engaging in Prohibited Activities

Except as provided in Section 5.2 of this Administrative Regulation involving pre-employment/pre-duty testing of applicants, any driver engaging in prohibited conduct will be prevented from performing any safety-sensitive functions. In addition, such drivers will be evaluated by a disinterested SAP, who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol and/or controlled substance use.

Except as provided in Section 5.2 of this Administrative Regulation involving pre-employment/pre-duty testing of applicants, any driver engaging in conduct prohibited by Section 4.1 of this Administrative Regulation must satisfy and return-to-duty testing requirements and referral, evaluation and treatment program prescribed by a SAP as outlined in 49 CFR part 382, subpart F, before he/she may be permitted to perform safety sensitive functions.

Except as provided in Section 5.4 of this Administrative Regulation involving pre-employment/pre-duty testing of applicants, any driver engaging in conduct prohibited by Section 4.1 of this Administrative Regulation 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. In addition, a driver whose test result is confirmed positive will also be subject to civil and criminal penalties impose by DOT or State Law.

Each driver who has engaged in conduct prohibited by Section 4.1 shall be advised by the district of the resources available to the driver in evaluating and resolving problems with alcohol and controlled substance use, including the names, addresses, and telephone numbers of SAPs and counseling and treatment programs.

Appeal Procedures

Upon a positive alcohol test and/or controlled substance test, a driver may file an appeal with the district’s Superintendent of Schools (or other district-designated hearing officer) by submitting written notice of the grounds for said appeal within five days after the employee receives notice of the first test results. For purposes hereof, such appeal may be heard by either the Superintendent or Assistant Superintendent for Business, at the option of the district.

Pending the resolution of the appeal, no disciplinary action shall be taken; provided, however, that DOT-mandated actions (e.g., removal from safety-sensitive functions) shall not be deemed to be “disciplinary action” within the meaning of this rule; provided further that this rule shall not require the district to hold disciplinary action in abeyance beyond any applicable status of limitations, as set forth in the law or a collective bargaining agreement, unless the employee (and in the case of a collective bargaining agreement, his union) waive the said statute of limitations, in writing.

Following receipt of an employee’s notice of appeal, the Superintendent shall offer the employee an opportunity to be heard regarding same. The employee may be accompanied by an attorney and/or majority union representative to this meeting. The said meeting is intended to be informal in nature, rather than a trial –like evidentiary hearing.

The Superintendent shall provide the employee and any representative who may appear on his or her behalf with a written decision deciding the appeal. In deciding an appeal from a positive alcohol or controlled substance test result, the Superintendent shall take into account the original test result(s), any re-testing done by the employee at the employee’s expense, and any other pertinent information that the employee or district may provide. In deciding an appeal from a positive controlled substance test result, the Superintendent shall also take into account the test results pertaining to the split sample.

District and MRO Communications

Drivers who are tested for drugs are required to contract the district and the district’s MRO daily while awaiting the results of their tests. Drivers are also required to advise the district of their whereabouts and the telephone number where they can be reached during this time.

A driver who refuses or fails to contact the district and the district’s MRO will be considered insubordinate and subject to disciplinary action, up to any including discharge, in a manner consistent with the district’s pre-existing policies, practices, and any applicable collective bargaining agreement. In addition, a driver who fails to contact the district and the district’s MRO may waive his/her right, under this Administrative Regulation, to speak with the district’s MRO before a test is confirmed positive.

Information on Drugs and Alcohol

Each driver will be provided with the district’s Drug and Alcohol Testing Educational Material and information concerning: (i) the effects of drugs and alcohol on an individual’s health, work, and personal life; (ii) the signs and symptoms of a drug or alcohol problem; and (iii) the available methods of intervention and treatment when a problem does exist.

All questions concerning the educational materials provided by the district, or about the district’s Policy or Administrative Regulation, should be directed to appropriate person identified on the “Program Contracts” list which accompanies this Administrative Regulation.

Quality Assurance/Quality Control

As provided in 49 CFR part 40, the district will submit three blind performance test specimens for each 100 employee specimens it submits, up to a maximum of 100 blind performance test specimens submitted per quarter. These specimens will be either blank samples (containing no drugs) or two separately labeled portions of a specimen from the same non-covered employee.

In the event of a false positive error, the district shall follow the procedures mandated by 49 CFR §40.31.

Program Confidentiality

The results of all individual drug and alcohol tests will be kept in a secure location with controlled access.

All individual test results will be considered confidential. The release of an individual driver’s results will only be given in accordance with an individual driver’s written authorization, or as is otherwise required by DOT’s regulations, or by other applicable federal or state law, PROVIDED HOWEVER, that nothing contained herein shall be construed to prevent the use of such results in any appeal pursuant hereto or in any disciplinary proceeding or prosecution under Federal or State laws.

The district shall (1) maintain records of its alcohol misuse and controlled substances use prevention programs, (2) prepare, maintain and report a summary of the results of its testing programs, and (3) ensure that access to such records may only be obtained through the methods outlined in the Regulations, as provided in 49 CFR part 382, subpart D.

Adoption date: June 19, 2002

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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.

Adoption date: June 19, 2002

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Policy 8500 | School Bus Accident Protocol

View the PDF version of the School Bus Accident Protocol Policy here.

The Board of Education of the Bethlehem Central School District believes that the safety of all students riding on school transportation is most important. Great care and measures of support are in place to ensure that students are safe at all times.

Therefore, the Board directs the Superintendent to implement the following guidelines and protocols with the school district. At the beginning of each school year these guidelines will be reviewed by the administration and building staff to familiarize them with the procedures necessary to ensure the safety and care of students involved in a bus accident.

After any accident or such occurrence these procedures should be evaluated and assessed for effectiveness. In the event of changes that need to be made the Superintendent will be empowered by the Board to adjust the guidelines accordingly with subsequent notification to the Board.

Adoption Date: November 18, 2009

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Policy 8500-R | School Bus Accident Protocol Regulation

View the PDF version of the School Bus Accident Protocol Regulation here.

In case of an accident:

  1. The driver will communicate immediately, word of the accident to the Transportation Department, conveying location, seriousness of the accident, injuries, etc.
  2. The bus driver will account for all students; the driver will evacuate students if it is unsafe for them to remain on the bus.
  3. The Transportation Department will immediately call “Emergency 911.”
  4. The Transportation Department will call the Building Principal and Superintendent’s Office to report the accident.
  5. Information about the accident with bus number, school involved and location will be given to the affected school principal and request that he/she stand by in case assistance is needed.
  6. The Transportation Department will initiate the procedure outlined below if students are transported to the hospital.

Morning Runs

  1. If the accident involves injuries, Ask 911 center to dispatch an ambulance.
  2. If the bus is involved in a minor fender-bender ask all students if any one is injured or has any pain.
  3. If they report pain, request an ambulance from 911.
  4. If no student reports being injured, and the bus is going into school, have the nurse check the students out upon arrival to school.
  5. School Principal/Staff contact all parents on the route to let them know that the bus was involved in a motor vehicle accident and their child’s status.
  6. If parents have, any questions feel free to contact the school or Transportation Department.

Afternoon Runs

  1. If the accident happens on the way home, the same protocol is followed.
  2. The exception is, that the School Nurse does not check out the students and parents are advised to contact their doctor if their child exhibits pain later in the evening.
  3. If accident happens between the time the bus departs the school up to 45 minutes later, School Principal/Staff contact all parents on the route to let them know that the bus was involved in a motor vehicle accident and their child status.
  4. If accident happens after the 45-minute period has elapsed, the Transportation Department will commence parental notification.

Evening/Away Trips

Driver Responsibilities:

  1. Work with coach to determine whether there are injuries to any bus passengers.
  2. Immediately contact 911 to report accident and any injuries. Be sure to know your location, direction and what you need.
  3. Contact Dispatch Office (518-439-3830) or Transportation Director (518-858-0535 cell) (518-373-1768 home) or the Assistant Director (518-858-0533 cell) if unable to make contact at the primary number to report accident. Be sure to know your location, direction and what assistance you need.
  4. Provide assistance with basic first aid and comforting students.

Coach Responsibilities:

  1. Prior to departing for trip, be sure you have a copy of emergency procedures, emergency permission forms signed by a parent/guardian, emergency phone numbers for athlete’s home, parent/guardian workplace.
  2. Have an accurate roster of all athletes’ and an accurate head count. Seating location is also useful for police department reports.
  3. Notify Director of Athletics as soon as possible.
  4. Assist driver with basic first aid, comforting students and making contact calls.
  5. Determine whether to continue to athletic event or return to school.
  6. Arrange for medical check of all students.
  7. Assist with contact of parents/guardians and provide location of pickup if necessary.
  8. Complete a post-accident review, evaluation, and report.

Athletic Director Responsibilities:

  1. Notify Superintendent / Assistant Superintendent as soon as possible.
  2. Be prepared to respond to accident location to provide guidance and support.
  3. Assist with parent/guardian contact, providing location for pick-up if necessary.
  4. Make determination whether to continue to athletic event or return to school.
  5. Arrange for medical check of all students.

Role of support personnel:

Director of Transportation and Head Trainer will go to the scene of the accident. The Director of Transportation will be the lead district official at the accident/incident site.

  1. Take charge of bus driver
  2. Speak with law enforcement
  3. Complete report on accident
  4. Sign off on the release form for EMT (if there are no injuries reported)
  5. Other duties as needed

The Superintendent of Schools will be informed of the accident(s) and all details of students involved, injuries, etc. Reports to hospital if students are transported.

  1. Work with hospital personnel in identifying students and parents
  2. Communicate with school personnel at accident scene
  3. Conduct press conference with hospital personnel

Assistant Superintendent will report to the school when needed. Reports to second hospital if students are transported to multiple facilities.

  1. Work with hospital personnel in identifying students and parents.
  2. Communicate with school personnel at accident scene
  3. Communicate with school personnel at the school

Director of Pupil Personnel Services will report to the hospital when needed. Reports to third hospital if students are transported to multiple facilities.

  1. Work with hospital personnel in identifying students and parents
  2. Communicate with school personnel at accident scene
  3. Communicate with school personnel at the school
  4. Provide counseling services as necessary

Chief Business and Financial Officer will remain at the Central Office to assist with the emergency.

  1. Will assume the role of Public Information Officer
  2. Release information to press as provided by Superintendent

School Principal If asked to do so will report to the scene of the accident. Principal and Assistant Principal will report to hospital after accident scene has been secured.

  1. Wear some form of school personnel identification
  2. Take an Emergency Care Kit (emergency care forms, bus roster, cell phone, notepads & pencils)
  3. Report to responding Emergency Medical Technician for directions
  4. Assist as directed in tagging students with I.D. before transported to hospital
  5. Students not taken to hospital MUST be checked by emergency personnel before released to parent.
  6. Control and document the dismissal of students with parents (take notes on all children)
  7. Communicate with the Superintendent at the hospital
  8. Communicate with the school, names of students being transported to the hospital
  9. The school is to refer all calls from the news media to the Public Information Officer (Chief Business and Financial Officer).

School Nurse(s) shall remain on standby at the school(s) to assist with the emergency as needed.

  1. Evaluate students returning from the accident to school
  2. Confer with parents on conditions to watch their children for at home
  3. Assist school staff with medical conditions that may arise in the building with staff, parents and students
  4. If more than one nurse is needed, Transportation Department will make arrangements to have additional nurses at the school

In the event of an absence of one or more assigned duty administrator(s), substitute assignments are noted below:

Administrator

  • Superintendent
  • Assistant Superintendent
  • Director of Transportation
  • Chief Business and Financial Officer
  • Director of Pupil Personnel Services

Designee

  • Assistant Superintendent
  • Director of Pupil Personnel Services
  • Assistant Director of Transportation
  • Assistant Superintendent
  • Assistant Superintendent

Medical reports on injuries will be released by the hospital.

The police will release legal charges, if any, involving the driver.

Note: In the event of a massive casualty accident, we would probably request a principal and the nurse come out to assist with calming and identifying students. However, as general rule we do not request (or allow) school personnel at our accident scenes as too many “chiefs” adds for confusion at the location. Emergency personnel need to have a single point of contact from the school district, and that should be the Director of Transportation.

Adoption Date: November 18, 2009

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Policy 8500-E | School Bus Accident Protocol Exhibit

View the PDF version of the School Bus Accident Protocol Exhibit here.

Adoption Date: November 18, 2009

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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

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Policy 8630 | Technology Resources and Data Management

View the PDF version of the Computer 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

A. “District Technology” includes:

1. All District owned, leased or controlled computer equipment, software, applications and other electronic devices (including, but not limited to, 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.

B. “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.

C. “Personal Device” includes any computing device not owned, leased, or controlled by the District.

D. “User” includes any person who is authorized to access District Technology or Data, including students, staff, Board members, contractors, and visitors.

Management Responsibilities

A. The superintendent is responsible for designating a director of Technology (DOT) to oversee the installation, use, management, and disposal of District Technology and Data.

B. 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:

a. Policy No. 4526 and Regulation No. 4526-R concerning Acceptable Use of District Technology;

b. Policy No. 4526.1 and Regulation No. 4526.1-R concerning Internet Safety; and

c. Policy No. 8635 and Regulation No. 8635-R concerning Information Security Breach and Notification.

User Rights and Limitation of District Obligations

A. 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.

B. 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.

C. 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.

D. 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

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Policy 8630-R |Technology Resources and Data Management

Regulation

View the PDF version of the Computer Resources and Date 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.

    B. 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 and regulation 4526, Computer Use for Instruction. District employees and third party users are governed by the following regulations:

A. 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.

B. 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.

C. 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.

D. 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

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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 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 of Schools, in accordance with appropriate business and technology personnel, to establish regulations that:

  1. Identify and/or define the types of private information that is to be kept secure. For purposes of this policy, “private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;
  2. Include procedures to identify any breaches of security that result in the release of private information; and
  3. Include procedures to notify persons affected by the security breach as required by law.

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, parent’s surname 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 of Education.

Ref:

  • State Technology Law §§201-208
  • Labor Law §203-d

Adoption date: January 4, 2012

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Policy 8635-R | Information Security Breach & Notification Regulation

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

Definitions

“Private information” shall mean personal information (i.e., information such as name, number, symbol, mark or other identifiers that can be used to identify a person) in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:

  1. Social security number;
  2. Driver’s license number or non-driver identification card number; or
  3. Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account

Note: “Private information” does not include publicly available information that is lawfully made available to the general public pursuant to state or federal law or regulation.

“Breach of the security of the system”shall mean unauthorized acquisition or acquisition without valid authorization of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer, 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.

To successfully implement this policy, the district shall inventory its computer programs and electronic files to determine the types of personal, private information that is maintained or used by the district, and review the safeguards in effect to secure and protect that information.

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 shall consider:

  1. indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer, or other device containing information;
  2. indications that the information has been downloaded or copied;
  3.  indications that the information was used by an unauthorized person. Examples include  but are not limited to:
    1. fraudulent accounts opened,
    2. instances of identity theft reported; and/or
    3. any other instance of identity or information theft.
  4. any other factors that the district shall deem appropriate and relevant to such determination.

Security Breaches – Procedures and Methods for Notification

Once it has been determined that a security breach has occurred, the following steps shall be taken:

  1. If the breach involved computerized data owned or licensed by the district, the district shall notify those New York State residents whose private information was, or is reasonably believed to have been acquired by a person without valid authorization. The disclosure to affected individuals shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the system. The district shall consult with the New York State Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures.
  2. If the breach involved computer data maintained by the district, the district shall 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 acquired by a person without valid authorization.

Note:  The notification requirement may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The required notification shall be made after the law enforcement agency determines that such notification does not compromise the investigation.

The required notice shall include (a) district contact information, (b) a description of the categories information that were, or are reasonably believed to have been acquired without authorization and (c) which specific elements of personal or private information were or are reasonably believed to have been acquired. This notice shall be directly provided to the affected individuals  by either:

  1. Written notice
  2. Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and that the district keeps a log of each such electronic notification. In no case, however, shall 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.
  3. 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:

  1. E-mail notice when the district has such address for the affected individual;
  2. Conspicuous posting on the district’s website, if they maintain one; and
  3. Notification to major media

Notification of State and Other Agencies

Once notice has been made to affected New York State residents, the district shall notify the State Attorney General, the Consumer Protection Board, and the State Office of Cyber Security and Critical Infrastructure Coordination as to the timing, content, and distribution of the notices and approximate number of affected persons.

If more than 5,000 New York State residents are to be notified at one time, the district shall 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 reprinting agencies will be furnished, upon request, by the Office of the State Attorney General.

Adoption date: January 4, 2012

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Policy 8700 | Insurance

View the PDF version of the Insurance Policy here.

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. Records of all insurance policies shall be kept in the Central Office safe. The Board of Education shall select a broker who shall advise it in the administration of the insurance program. All actions involving the purchase of insurance shall be subject to Board approval.

The Superintendent of Schools shall have general knowledge of the provisions of all insurance policies carried by the district. At time of accident or loss, he/she shall see that action is taken necessary to protect the interests of the school 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 abovenamed 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.

The Superintendent shall annually review the insurance program for the purpose of recommending to the Board adjustments in coverage resulting from, but not limited to, expansion of the district’s risks, relevant new laws, and superseding conditions which make changes in coverage appropriate.

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

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