Policies, plans and regulations updated during the school year

Updating the district’s policy manual is an ongoing process. While a complete list of policies is posted to the Web site, the Board of Education has a policy committee who review, revise, and adopt district policies and regulations as needed throughout the school year.

Below are the policies and regulations reviewed and adopted by the Board of Education during the 2019-20 school year, beginning in July 2019.

0100 | Equal Opportunity and Non Discrimination

View the PDF version of the Equal Opportunity and Non Discrimination Policy here.

The Board of Education, its officers, and employees shall not discriminate against any student, employee, or applicant on the basis of legally protected classes such as, but not limited to: race; color; national origin; creed; religion; marital status; sex (including pregnancy, childbirth or related medical condition); age; sexual orientation; disability (physical or mental); predisposing genetic characteristic; military work or status; domestic violence victim status; or use of a guide dog, hearing dog, or service dog, as applicable. The District will provide notice of this policy in accordance with federal and state law and regulation.

This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement, and/or terminations.

Annual Notification At the beginning of each school year, the District shall publish a notice of the established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students, and the community. The public notice shall:

Inform parents, employees, students and the community that all aspects of the education program are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, gender identity, gender expression or sex, and any other class protected by law.

Provide the name, address, and telephone number of the person designated to coordinate activities concerning discrimination.

Be included in announcements, bulletins, catalogues, and applications made available by the District.

The superintendent has been designated to handle inquiries regarding the District’s nondiscrimination policies. Contact information for the superintendent is available on the District’s website. Complaints of sexual harassment are covered by policy # 0110.

The Board authorizes the superintendent to establish such rules, regulations, and procedures necessary to implement and maintain this policy

Cross-ref:        0110, Sexual Harassment

5030, Student Complaints and Grievances 5300, Code of Conduct 9140.1, Staff Complaints and Grievances

Ref:     Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq. (nondiscrimination based on race, color, and national origin in federally assisted programs)

Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. (nondiscrimination based on race, color, and national origin in employment) Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq. (nondiscrimination based on sex) §504

Rehabilitation Act of 1973, 29 U.S.C. §794

Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq.

Genetic Information Nondiscrimination Act of 2008 P.L. 110-233 34 C.F.R.

• § 100.6, 104.8, 106.9, 110.25

Executive Law §290 et seq. (New York State Human Rights Law)

Education Law §§313(3), 3201, 3201-a

Adoption date: May 19, 2010

ReAdopted date: December 18, 2019

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0100R | Equal Opportunity and Non Discrimination – Regulation

View the PDF version of Policy Regulation 0100R here.

The Board of Education, its officers, and employees shall not discriminate against any student, employee, or applicant on the basis of legally protected classes such as, but not limited to: race; color; national origin; creed; religion; marital status; sex (including pregnancy, childbirth or related medical condition); age; sexual orientation; disability (physical or mental); predisposing genetic characteristic; military work or status; domestic violence victim status; or use of a guide dog, hearing dog, or service dog, as applicable. The District will provide notice of this policy in accordance with federal and state law and regulation.

This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement, and/or terminations.

Annual Notification At the beginning of each school year, the District shall publish a notice of the established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students, and the community. The public notice shall:

Inform parents, employees, students and the community that all aspects of the education program are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, gender identity, gender expression or sex, and any other class protected by law.

Provide the name, address, and telephone number of the person designated to coordinate activities concerning discrimination.

Be included in announcements, bulletins, catalogues, and applications made available by the District.

The superintendent has been designated to handle inquiries regarding the District’s nondiscrimination policies. Contact information for the superintendent is available on the District’s website. Complaints of sexual harassment are covered by policy # 0110.

The Board authorizes the superintendent to establish such rules, regulations, and procedures necessary to implement and maintain this policy.

Cross-ref:        0110, Sexual Harassment

5030, Student Complaints and Grievances 5300, Code of Conduct 9140.1, Staff Complaints and Grievances

Ref:     Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq. (nondiscrimination based on race, color, and national origin in federally assisted programs)

Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. (nondiscrimination based on race, color, and national origin in employment) Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq. (nondiscrimination based on sex) §504

Rehabilitation Act of 1973, 29 U.S.C. §794

Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq.

Genetic Information Nondiscrimination Act of 2008 P.L. 110-233 34 C.F.R.

• § 100.6, 104.8, 106.9, 110.25

Executive Law §290 et seq. (New York State Human Rights Law)

Education Law §§313(3), 3201, 3201-a

Adoption date: May 19, 2010

Readopted date:         December 18, 2019

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0110 | Sexual Harassment  

View the PDF version of Policy 0110 here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes that harassment of students, employees (including all staff, applicants for employment, both paid and unpaid interns, exempt and non-exempt status, part-time, seasonal, and temporary workers, regardless of immigration status) and certain “non-employees” (which includes contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees) on the basis of sex, gender and/or sexual orientation is abusive and illegal behavior that harms targets and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying such harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees and “non-employees” can work productively.

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of actual or perceived or self-identified sex, sexual orientation, gender identity, gender expression, and transgender status. Sexual harassment of a student can deny or limit the student’s ability to participate in or to receive benefits, services, or opportunities from the school’s program.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex, when:

1. submission to that conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a student’s education;
2. submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment or a student’s education; or
3. the conduct has the purpose or effect of unreasonably interfering with an employee’s or “non- employee’s” work or student’s school performance or creating an intimidating, hostile or offensive work or educational environment, even if the complaining individual is not the intended target of the sexual harassment;

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, or verbal, nonverbal or physical aggression, intimidation or hostility that is based on actual or perceived gender and sexual stereotypes. Examples of sexual harassment can be found in the accompanying regulation (0110-R).

The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the District, or outside the school setting if the harassment impacts the individual’s education or employment in a way that violates their legal rights, including when employees and “non- employees” travel on District business, or when harassment is done by electronic means (including on social media). For employees, sexual harassment is considered a form of employee misconduct. Sanctions will be enforced against all those who engage in sexual harassment, and against supervisory and managerial personnel who knowingly allow such behavior to continue or engage in retaliation.

Sexual harassment may subject the District to liability for harm done to targets. Harassers may also be individually subject to civil liability if sued in a court of law or criminal liability if prosecuted.

Under various state and federal laws, students, employees and “non-employees” have legal protections against sexual harassment in the school environment as described above. Those laws are listed in the references section. Additionally, local laws may apply to the District. The District’s Code of Conduct also addresses appropriate behavior in the school environment. Sexual harassment can occur between persons of all ages and genders.

In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The District will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If the complainant reports that they feel unsafe at school due to the nature of the complaint, the District will determine if accommodations need to be made until the issue is resolved.

If, after appropriate investigation, the District finds that a student, an employee, “non-employee” or a third party has violated this policy, prompt corrective action will be taken in accordance with the applicable collective bargaining agreement, contract, District policy and state law. Individual nondisclosure agreements in connection with the resolution a sexual harassment claim may only be used as permitted by law, described in the accompanying regulation. Mandatory arbitration of sexual harassment claims is prohibited in all District contracts and agreements entered into on or after July 11, 2018.

All complainants and those who participate in sexual harassment complaints or the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind, when they do so with a good faith belief that sexual harassment has occurred. Such prohibited retaliation can include, but is not limited to, discipline, discrimination, demotion, denial of privileges, or any action that would keep a person from coming forward to make or support a sexual harassment claim. Such actions need not be job- or education-related, or occur in the workplace or educational environment, to constitute unlawful retaliation.

The superintendent is directed to develop and implement regulations for reporting, investigating and remedying allegations of sexual harassment. These regulations are to be attached to this policy. In addition, training programs shall be established for students, and annually for employees, to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can recognize and reduce the incidence of sexual harassment.

This policy shall be posted in a prominent place in each District facility, on the District’s website, and shall also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.

A committee appointed by the superintendent may be convened annually to review this policy’s effectiveness and compliance with applicable state and federal law, and to recommend revisions to Board.

Ref: Education Amendments of 1972, Title IX, 20 U.S.C.§1681 et seq.

Title VII of Civil Rights Act (1964), 42 U.S.C. §2000-e; 34 CFR §100 et seq. Executive Law §296-d (prohibition of sexual harassment of non-employees) Labor Law §201-g (required sexual harassment policy and training)

Civil Practice Law and Rules §§5003-b (nondisclosure agreements optional); 7515 (mandatory arbitration prohibited)

General Obligations Law §5-336 (nondisclosure agreements optional) Davis v. Monroe County Board of Education, 526 U.S. 629, 652 (1999) Gebser v. Lago Vista Independent School District, 524 U.S, 274 (1998) Faragher v. City of Boca Raton, 524 U.S. 775 (1998) Burlington Industries

1. Ellerth, 524 U.S. 742 (1998) Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992) Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)

Office for Civil Rights Revised Sexual Harassment Guidance (January 19, 2001) Office for Civil Rights, Dear Colleague Letter: Sexual Harassment Issues (2006) Office for Civil Rights, Dear Colleague Letter: Bullying (October 26, 2010)

Adoption Date: June 19, 2002

Re-Adopted: December 18, 2019

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0110R | Sexual Harassment Regulation

View the PDF version of Policy Regulation 0110R here.

This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment on the basis of sex, gender, and/or sexual orientation in furtherance of the District’s commitment to provide a healthy and productive environment for all students, employees (including all staff, applicants for employment, both paid and unpaid interns. exempt and non-exempt status, part-time, seasonal, and temporary workers, regardless of immigration status) and “non-employees” (i.e., contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees) that promotes respect, dignity and equality.

Sexual Harassment Defined Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of actual or perceived or self-identified sex, sexual orientation, gender identity, gender expression, and transgender status.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex, gender, or sexual orientation, when:

1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an employee’s or “non-employee’s” employment or a student’s education (including any aspect of the student’s participation in school-sponsored activities, or any other aspect of the student’s education); or
2. submission to or rejection of that conduct or communication by an individual is used as the basis for decisions affecting an employee’s or “non-employee’s” employment or a student’s education; or
3. the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee’s or “non-employee’s” work performance or a student’s academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive working or educational environment, even if the complaining individual is not the intended target of the sexual harassment.

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, or verbal, nonverbal or physical aggression, intimidation or hostility that is based on actual or perceived gender and sexual stereotypes.

Unacceptable Conduct

School-related conduct that the District considers unacceptable and which may constitute sexual harassment includes, but is not limited to, the following:

1. rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law; 

2. unwelcome sexual advances or invitations or requests for sexual activity, including but not limited to those in exchange for grades, promotions, preferences, favors, selection for extracurricular activities or job assignments, homework, etc., or when accompanied by implied or overt threats concerning the target’s work or school evaluations, other benefits or detriments;

 

3. unwelcome and/or offensive public sexual display of affection, including kissing, hugging, making out, groping, fondling, petting, inappropriate touching of one’s self or others (e.g., pinching, patting, grabbing, poking), sexually suggestive dancing, and massages;
4. any unwelcome communication that is sexually suggestive, sexually degrading or derogatory or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual’s clothing, appearance or activities; sexual jokes; sexual gestures; public conversations about sexual activities or exploits; sexual rumors and “ratings lists;” howling, catcalls, and whistles; sexually graphic computer files, messages or games, etc;
5. unwelcome and offensive name calling or profanity that is sexually suggestive or explicit, sexually degrading or derogatory, implies sexual intentions, or that is based on sexual stereotypes or sexual orientation, gender identity or expression;
6. unwelcome physical contact or closeness that is sexually suggestive, sexually degrading or derogatory, or sexually intimidating such as the unwelcome touching of another’s body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, frontal body hugs, ;
7. unwelcome and sexually offensive physical pranks or touching of an individual’s clothing, such as hazing and initiation, “streaking,” “mooning,” “snuggies” or “wedgies” (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt “flip-ups,” “spiking” (pulling down someone’s pants or swimming suit); pinching; placing hands inside an individual’s pants, shirt, blouse, or dress, ;
8. unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or derogatory or imply sexual motives or intentions;
9. clothing with sexually obscene or sexually explicit slogans or messages;
10. unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading or derogatory, or that imply sexual motives or intentions, or that are based on sexual stereotypes;
11. unwelcome written or pictorial display or distribution (including via electronic devices) of pornographic or other sexually explicit materials such as signs, graffiti, calendars, objects, magazines, videos, films, Internet material, ;
12. other hostile actions taken against an individual because of that person’s sex, sexual orientation, gender identity or transgender status, such as interfering with, destroying or damaging a person’s work or school area or equipment; sabotaging that person’s work or school activities; bullying, yelling, or name calling; or otherwise interfering with that person’s ability to work or participate in school functions and activities; and
13. any unwelcome behavior based on sexual stereotypes and attitudes that is offensive, degrading, derogatory, intimidating, or demeaning, including, but not limited to:

a. disparaging remarks, slurs, jokes about or aggression toward an individual because the person displays mannerisms or a style of dress inconsistent with stereotypical characteristics of the person’s sex;

b. ostracizing or refusing to participate in group activities with an individual during class projects, physical education classes or field trips because of the individual’s sex, gender expression or gender identity;

c. taunting or teasing an individual because they are participating in an activity not typically associated with the individual’s sex or gender.

For purposes of this regulation, action or conduct shall be considered “unwelcome” if the student, employee or non-employee did not request or invite it and regarded the conduct as undesirable or offensive.

Sexual harassment may occur on school grounds, school buses and at all school-sponsored activities, programs and events, including those that take place at locations outside the District, or outside the school setting if the harassment impacts the individual’s education or employment in a way that violates their legal rights, including when employees or “non-employees” travel on District business, or when the harassment is done by electronic means (including on social media).

Determining if Prohibited Conduct is Sexual Harassment Complaints of sexual harassment will be thoroughly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the above definition of sexual harassment and should therefore be treated as sexual harassment. Not all unacceptable conduct with sexual connotations may constitute sexual harassment. In many cases (other than quid pro quo situations where the alleged harasser offers academic or employment rewards or threatens punishment as an inducement for sexual favors), unacceptable behavior must be sufficiently severe, pervasive and objectively offensive to be considered sexual harassment. If the behavior doesn’t rise to the level of sexual harassment, but is found to be objectionable behavior, the individual will be educated and counseled in order to prevent the behavior from continuing.

In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider:

1. the degree to which the conduct affected the ability of the student to participate in or benefit from his or her education or altered the conditions of the student’s learning environment or altered the conditions of the employee’s or “non-employee’s” working environment;
2. the type, frequency and duration of the conduct;
3. the identity of and relationship between the alleged harasser and the subject of the harassment (e.g., sexually based conduct by an authority figure is more likely to create a hostile environment than similar conduct by another student or a co-worker);
4. the number of individuals involved;
5. the age and sex of the alleged harasser and the subject of the harassment;
6. the location of the incidents and context in which they occurred;
7. other incidents at the school; and
8. incidents of gender-based, but non-sexual harassment.

Reporting Complaints

Any person who believes he or she has been the target of sexual harassment by a student, District employee or “non-employee” or third party related to the school is encouraged to report complaints as soon as possible after the incident in order to enable the District to promptly and effectively investigate and resolve the complaint. Any person who witnesses or is aware of sexual harassment of a student, employee, or “non-employee” is also encouraged to report the incident or behavior to the District. Targets are encouraged to submit the complaint in writing; however, complaints may be filed verbally.

Complaints should be filed with the building principal or the Title IX Coordinator (director of human resources).

Any school employee who receives a complaint of sexual harassment from a student shall inform the student of the employee’s obligation to report the complaint to the school administration, and then shall immediately notify the building principal and/or the Title IX Coordinator. School employees receiving complaints of sexual harassment from employees and “non-employees” shall either direct the complainant to the building principal or Title IX Coordinator, or may report the incident themselves. Supervisory and managerial personnel are required to report complaints of sexual harassment received by staff, and will be subject to discipline for failing to report suspected or reported sexual harassment, knowingly allowing sexual harassment to continue, or engaging in any retaliation.

In order to assist investigators, targets should document the harassment as soon as it occurs and with as much detail as possible including: the nature of the harassment; dates, times, places it has occurred; name of harasser(s); witnesses to the harassment; and the target’s response to the harassment.

Confidentiality

It is District policy to respect the privacy of all parties and witnesses to complaints of sexual harassment. To the extent possible, the District will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual’s need for confidentiality must be balanced with the District’s legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the District retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.

If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that:

1. the request may limit the District’s ability to respond to his/her complaint;
2. District policy and federal law prohibit retaliation against complainants and witnesses;
3. the District will attempt to prevent any retaliation; and
4. the District will take strong responsive action if retaliation occurs.

If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the District from responding effectively to the harassment and preventing the harassment of other students or employees.

Investigation and Resolution Procedure

I. Initial (Building-level) Procedure

The building principal or the Title IX Coordinator shall conduct a preliminary review when they receive a verbal or written complaint of sexual harassment, or if they observe sexual harassment. Except in the case of severe or criminal conduct, the building principal or the Title IX Coordinator should make all reasonable efforts to resolve complaints at the school level. The goal of investigation and resolution procedures is to end the harassment and obtain a prompt and equitable resolution to a complaint. All persons involved in an investigation (complainants, witnesses and alleged harassers) will be accorded due process to protect their rights to a fair and impartial investigation. This investigation shall be prompt and thorough, and shall be completed as soon as possible.

Immediately, but no later than two (2) working days following receipt of a complaint, the building principal or Title IX Coordinator shall begin an investigation of the complaint according to the following steps:

1. Interview the target and document the conversation. Instruct the target to have no contact or communication regarding the complaint with the alleged harasser. Ask the target specifically what action he/she wants taken in order to resolve the Refer the target, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.
2. Review any written documentation of the harassment prepared by the If the target has not prepared written documentation, ask the target to do so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation. If the complainant refuses to complete a complaint form or written documentation, the building principal or Title IX Coordinator shall complete a complaint form (see exhibit 0110-E) based on the verbal report.
3. Request, review, obtain and preserve relevant evidence of harassment (e.g., documents, emails, text messages, social media communications, phone records, ), if any exist.
4. Interview the alleged harasser regarding the complaint and inform the alleged harasser that if the objectionable conduct has occurred, it must cease Document the conversation. Provide the alleged harasser an opportunity to respond to the charges in writing.
5. Instruct the alleged harasser to have no contact or communication regarding the complaint with the target and to not retaliate against the Warn the alleged harasser that if he/she makes contact with or retaliates against the target, he/she will be subject to immediate disciplinary action.
6. Interview any witnesses to the Caution each witness to keep the complaint and his/her participation in the investigation confidential. Employees may be required to cooperate as needed in investigations of suspected sexual harassment, in a manner that is consistent with any applicable collective bargaining agreement.
7. Review all documentation and information relevant to the
8. Where appropriate, suggest mediation as a potential means of resolving the In addition to mediation, use appropriate alternative methods to resolve the complaint, including but not limited to:

a. discussion with the accused, informing him or her of the District’s policies and indicating that the behavior must stop;

b. suggesting counseling and/or sensitivity training;

c. conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;

d. requesting a letter of apology to the complainant;

e. writing letters of caution or reprimand; and/or

f. separating the parties.

9. Parent/Student/Employee/“Non-Employee” Involvement and Notification

a. Parents of student targets and accused students shall be notified within one (1) school day of allegations that are serious or involve repeated

b. The parents of students who file complaints are welcome to participate at each stage of both informal and formal investigation and resolution

c. If either the target or the accused is a disabled student receiving special education services under an IEP or section 504/Americans with Disabilities Act accommodations, the committee on special education may be consulted to determine the degree to which the student’s disability either caused or is affected by the discrimination or policy In addition, due process procedures required for persons with disabilities under state and federal law shall be followed.

e. The investigator shall report back to both the target and the accused, notifying them in writing, and also in person as appropriate regarding the outcome of the investigation and the action taken to resolve the complaint. The investigator shall instruct the target to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.

f. The investigator shall notify the target that if he/she desires further investigation and action, he/she may request a District level investigation by contacting the The investigator shall also notify the target of his/her right to contact the U.S. Department of Education’s Office for Civil Rights and/or a private attorney. Employees may also contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.

10. Create a written report of the investigation, kept in a secure and confidential location, containing

a. A list of all documentation and other evidence reviewed, along with a detailed summary;

b. A list of names of those interviewed along with a detailed summary of their statements;

c. A timeline of events;

d. A summary of prior relevant incidents, reported or unreported;

e. A determination, based on a preponderance of the evidence, as to whether each incident of alleged conduct did or did not occur; and

f. The final resolution of the complaint, together with any corrective action(s).

If the initial investigation results in a determination that sexual harassment did occur, the investigator will promptly notify the superintendent, who shall then take prompt disciplinary action in accordance with District policy, the applicable collective bargaining agreement or state law.

If a complaint received by the building principal or the Title IX Coordinator contains evidence or allegations of serious or extreme harassment, such as employee to student harassment, criminal touching, quid pro quo (e.g., offering an academic or employment reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint shall be referred promptly to the superintendent. In addition, where the building principal or the Title IX Coordinator has a reasonable suspicion that the alleged harassment involves criminal activity, he/she should immediately notify the superintendent, who shall then contact appropriate child protection and law enforcement authorities. Where criminal activity is alleged or suspected by a District employee, the accused employee shall be suspended or placed on administrative leave pending the outcome of the investigation, consistent with all contractual or statutory requirements.

Any party who is not satisfied with the outcome of the initial investigation by the building principal or the Title IX Coordinator may request a District-level investigation by submitting a written complaint to the superintendent within thirty (30) days.

The building principal or Title IX Coordinator (i.e., the investigator) shall promptly submit a copy of all building-level investigation and interview documentation to the superintendent, following the receipt of any request for a District-level investigation.

II. District-level Procedure

The superintendent shall promptly investigate and resolve all sexual harassment complaints that are referred to him/her by a building principal or Title IX Coordinator, as well as those appealed to the superintendent following an initial investigation by a building principal or Title IX Coordinator. In the event the complaint of sexual harassment involves the superintendent, the complaint shall be filed with or referred to the Board president. The Board, on its own initiative or at the request of the superintendent, may refer the complaint to a trained investigator not employed by the District for investigation.

The District level investigation should begin as soon as possible but not later than three (3) working days following receipt of the complaint by the superintendent or Board president.

In conducting the District level investigation, the District will use investigators who have received training in sexual harassment investigation or who have previous experience investigating sexual harassment complaints.

If a District investigation results in a determination that sexual harassment did occur, prompt corrective action will be taken to end the harassment. Where appropriate, District investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint.

No later than thirty (30) days following receipt of the complaint, the superintendent or the appointed investigator will notify the target and alleged harasser, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the superintendent or investigator will provide all parties with a written status report within thirty (30) days following receipt of the complaint.

The target and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings.

External Remedies

Targets have the right to register sexual harassment complaints with the U.S. Department of Education’s Office for Civil Rights (OCR). The OCR can be contacted at (800) 421-3481, 400 Maryland Avenue SW, Washington, DC 20202-1100, or at https://www2.ed.gov/about/offices/list/ocr./docs/howto.html.

Employee targets also have the right to register complaints with the federal Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights (DHR). The EEOC can be contacted at (800) 669-4000, https://www.eeoc.gov/employees/howtofile.cfm, info@eeoc.gov, or at 33 Whitehall Street, 5th Floor, New York, NY 10004 or 300 Pearl Street, Suite 450, Buffalo, NY 14202. The DHR can be contacted at (888) 392-3644, www.dhr.ny.gov/complaint, or at 1 Fordham Plaza, Fourth Floor, Bronx, NY 10458.

Nothing in these regulations shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court, or to contact law enforcement officials if the sexual harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, which may constitute a crime. No District contract or collective bargaining agreement entered into after July 11, 2018 may include a binding arbitration clause for sexual harassment requiring arbitration before bringing a sexual harassment claim to a court.

Nondisclosure Agreements

The District may include nondisclosure agreements (to not disclose the underlying facts and circumstances of a sexual harassment complaint) in any sexual harassment settlement agreement or resolution only if it is the complainant’s preference. Any such nondisclosure agreement shall be provided to all parties. Complainants shall have twenty-one (21) days to consider any such nondisclosure provision before it is signed by all parties, and shall have seven (7) days to revoke the agreement after signing. Nondisclosure agreements shall only become effective after this seven-day period has passed.

Retaliation Prohibited

Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint in good faith, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has, in good faith, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, discipline, discrimination, demotion, denial of privileges, any action that would keep a reasonable person from coming forward to make or support a sexual harassment claim, and any other form of harassment. Such actions need not be job- or education-related, or occur in the workplace or educational environment, to constitute unlawful retaliation. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.

Discipline/Penalties

Any individual who violates the sexual harassment policy by engaging in prohibited sexual harassment will be subject to appropriate disciplinary action. Disciplinary measures available to school authorities include, but are not limited to the following:

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.

Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.

Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment.

“Non-employees” (i.e., contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees): Penalties may range from a warning up to and including loss of District business.

Other individuals: Penalties may range from a warning up to and including denial of future access to school property.

False Complaints

False or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant.

Training

All students and employees shall be informed of this policy in student and employee handbooks, on the District website and student registration materials. A poster summarizing the policy shall also be posted in a prominent location at each school. All secondary school student body officers shall receive District training about the policy at the beginning of each school year. The District shall provide all existing employees with either a paper or electronic copy of the District’s sexual harassment policy and regulation, and shall provide the same to new employees before the employee starts his/her job.

In addition, age-appropriate curricular materials will be made available so that it can be incorporated in instruction K-12 to ensure that all students are educated to recognize and report sexual harassment.

All new employees shall receive copies of and training on this policy and regulation at new employee orientation or as soon as possible after starting their job. All other employees shall be provided with copies of this policy and regulation and training regarding this policy at least once a year in furtherance of the District’s commitment to a harassment-free learning and working environment. building principals, the Title IX Coordinator, and other administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive yearly training on their responsibilities pursuant to this policy and regulation and related legal developments.

Annual employee training programs shall be interactive and include: (i) an explanation of sexual harassment consistent with guidance issued by the NYS Department of Labor and the NYS Division of Human Rights; (ii) examples of conduct that is unlawful sexual harassment; (iii) information on federal and state laws about sexual harassment and remedies available to victims of sexual harassment; (iv) information concerning employees’ right to make complaints and all available forums for investigating complaints; and (v) address the conduct and responsibilities of supervisors.

Building principals in each school and program directors shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the target.

Adoption Date: June 19, 2002

Re-Adopted: December 18, 2019

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0110E | Sexual Harassment Exhibit

View the PDF version of Policy Exhibit 0110E here.

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0115 | Harassment Hazing Bullying

View the PDF version of Policy 0115 here.

The Board of Education (the Board) is committed to providing an educational and working environment that promotes respect, dignity, and equality. The Board recognizes that harassment, hazing, and bullying is detrimental to student learning and achievement, as well as the productivity and efficiency of the employees. It interferes with the mission of the Bethlehem Central School District (the District) to educate its students and disrupts the operation of the schools. Such behavior affects not only the students or employees who are its targets, but also those individuals who participate and witness such acts.

To this end, the Board condemns and strictly prohibits all forms of harassment, hazing, and bullying on school grounds (including all school buildings, Operations & Management, Transportation); school buses; and at all school-sponsored activities, programs, and events including those that take place at locations outside the District.

For the purposes of this policy, the terms “harassment” “hazing,” and “bullying” shall mean the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying, that:

1. has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or
2. reasonably causes, or would reasonably be expected to cause, a student to fear for his or her physical safety; or
3. reasonably causes, or would reasonably be expected to cause, physical injury or emotional harm to a student; or
4. occurs off school property and creates, or would foreseeably create, a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation, or abuse might reach school

Acts of harassment and bullying shall include, but not be limited to, those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, gender expression, gender identity, or sex. For the purposes of this definition the term “threats, intimidation, or abuse” shall include verbal and nonverbal actions.

“Hazing” is a form of harassment that involves committing an act against a student or coercing a student into committing an act that creates a risk of emotional, physical, or psychological harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose. The fact that the victim may consent to the act does not excuse the behavior or lessen the offense.

If the harassment is of a sexual nature, the District’s policy and regulation on Sexual Harassment, Policy # 0110 and 0110-R, provide additional information and clarification on the District’s responsibilities in this area.

In order for the District to effectively enforce this policy and to take prompt corrective measures, it is essential that all victims and persons with knowledge of harassment, hazing, and bullying report such behavior immediately to a District staff member, who will immediately report it to a principal, building administrator, or Title IX coordinator. The District will promptly investigate all complaints, formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner, although disclosure may be necessary to complete a thorough investigation.

If, after appropriate investigation, the District finds that a student, an employee, or a third party has violated this policy, prompt corrective action will be taken in accordance with the applicable collective bargaining agreement, District policy, and state and federal law.

All complainants and those who participate in the investigation of a complaint have the right to be free from retaliation of any kind.

The superintendent shall maintain and implement regulations for reporting, investigating, and remedying allegations of harassment, hazing, and bullying. These regulations are to be attached to this policy. In addition, educational programs shall be established for students and employees to raise awareness of the issues surrounding harassment, hazing, and bullying to implement preventative measures to help reduce incidents of harassment, hazing, and bullying.

This policy shall be posted in a prominent place in each District facility and shall also be published in student registration materials; student, parent, and employee handbooks; and other appropriate school publications.

Cross-ref:

0110, Sexual Harassment

5300, Code of Conduct

Ref:

Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq.

Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; 34 CFR §100 et seq. Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq.

• 504, Rehabilitation Act of 1973, 29 U.S.C. §794

Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq. Executive Law §290 et seq. (New York State Human Rights Law) Education Law §11(7)

Education Law §§313(3), 3201, 3201-a

Davis v. Monroe County Board of Education, 526 U.S. 629 (1999) Gebser v. Lago Vista Independent School District, 524 U.S, 274 (1998) Faragher v. City of Boca Raton, 524 U.S. 775 (1998)

Burlington Industries v. Ellerth, 524 U.S. 742 (1998)

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992) Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)

Adoption date:    May 19, 2010

Re-Adopted:      December 18, 2019

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0115R | Harassment Hazing Bullying Regulation

View the PDF version of Policy Regulation 0115R here.

This regulation sets forth detailed guidelines for reporting, investigating, and remedying allegations of harassment, hazing, and bullying at the Bethlehem Central School District (the District).

Reporting Complaints

Any victim or person with knowledge of harassment, hazing, and/or bullying by a student, District employee, or third party related to the District should report the complaint to a District staff member, who will immediately report it to a principal, building administrator, or Title IX coordinator as soon as possible after the incident so that it may be effectively investigated and resolved.

In order to assist investigators, individuals should document the harassment, hazing, and/or bullying as soon as it occurs and with as much detail as possible, including: the nature of the incident(s); dates, times, and places it has occurred; name of perpetrator(s); witnesses to the incident(s); and the victim’s response to the incident.

Confidentiality 

It is District policy to respect the privacy of all parties and witnesses to complaints of harassment, hazing, and/or bullying. To the extent possible, the District will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual’s need for confidentiality must be balanced with the District’s legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the District retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.

If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that:

1. the request may limit the District’s ability to respond to his/her complaint;
2. District policy and applicable law prohibit retaliation against complainants and witnesses;
3. the District will not tolerate any retaliation against complainants and witnesses; and
4. the District will take strong responsive action if retaliation

If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request, as long as doing so does not preclude the District from responding effectively to the harassment, hazing, and/or bullying and preventing the harassment, hazing, and/or bullying of other students or employees.

Investigation and Resolution Procedure

A. Initial (Building-Level) Procedure

Whenever a complaint of harassment, hazing, and/or bullying is received, whether verbal or written, it will be subject to a preliminary review and investigation. Except in the case of severe or criminal conduct, the principal, building administrator, or Title IX coordinator should make all reasonable efforts to resolve complaints at the building level. The goal of building-level procedures is to end the harassment, hazing, and/or bullying and obtain a prompt resolution to a complaint.

As soon as possible, but no later than three working days following receipt of a complaint, the principal, building administrator, or Title IX coordinator should begin an investigation of the complaint by:

• reviewing any written documentation provided by the victim(s);
• conducting separate interviews of the victim(s), alleged perpetrator(s), and witnesses, if any, and documenting the conversations; and
• providing the alleged perpetrator(s) a chance to respond and notify him/her that if objectionable behavior has occurred, it must cease immediately and that the individual may be subject to

Parents of student victims and accused students should be notified within one school day of allegations that are serious or involve repeated conduct.

Where appropriate, informal methods may be used to resolve the complaint, including but not limited to:

1. discussion with the accused, informing him or her of the District’s policies and indicating that the behavior must stop;
2. suggesting counseling and/or sensitivity training;
3. conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
4. mediation;
5. requesting a letter of apology to the victim;
6. writing letters of caution or reprimand; and/or
7. separating the

Appropriate disciplinary action shall be recommended and imposed in accordance with District policy, the applicable collective bargaining agreement, or state and federal law.

The principal, building administrator, or Title IX coordinator shall report back to both the victim and the accused, notifying them in writing, and also in person as appropriate regarding the outcome of the investigation and the action taken to resolve the complaint. If the complaint involves a student, the parent(s)/guardian(s) will receive the notification. The victim shall report immediately if the objectionable behavior occurs again or if the alleged perpetrator retaliates against him/her.

If a complaint contains evidence or allegations of serious or extreme harassment, hazing, or bullying, the complaint shall be referred promptly to the superintendent. In addition, where the principal, building administrator, or Title IX coordinator has a reasonable suspicion that the alleged harassment, hazing, or bullying incident involves criminal activity, he/she should immediately notify the superintendent, who shall then contact the school attorney and appropriate child protection and law enforcement authorities.

Any party who is not satisfied with the outcome of the initial investigation by the principal, building administrator, or Title IX coordinator may request a District-level investigation by submitting a written complaint to the superintendent within thirty days.

B.    District-Level Procedure

The superintendent shall promptly investigate and resolve all harassment, hazing, and bullying complaints that are referred to him/her, as well as those appealed to the superintendent following an initial investigation by a principal, building administrator, or Title IX coordinator. In the event the complaint involves the superintendent, the complaint shall be filed with or referred to the Board of Education (the Board) president, who shall refer the complaint to an appropriate individual for investigation.

The District-level investigation should begin as soon as possible, but not later than three working days following receipt of the complaint by the superintendent or Board president.

In conducting the formal District-level investigation, the District will endeavor to use individuals who have received formal training regarding such investigations or who have previous experience investigating such complaints.

If a District investigation results in a determination that harassment, hazing, or bullying did occur, prompt corrective action will be taken to end the misbehavior. Where appropriate, District investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint.

No later than thirty days following receipt of the complaint, the superintendent (or, in cases involving the superintendent, the Board-appointed investigator) will notify the victim and alleged perpetrator, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the superintendent or Board-appointed investigator will provide all parties with a written status report within thirty days following receipt of the complaint.

Student victims have the right to register complaints with the U.S. Department of Education’s Office for Civil Rights and the New York State Attorney General’s Office. Employee victims also have the right to register complaints with the federal Equal Employment Opportunity Commission and the New York State Division of Human Rights. Nothing in these regulations shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court.

Retaliation Prohibited

Any act of retaliation against a person who files a complaint of harassment, hazing, or bullying is prohibited and potentially illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a harassment, hazing, or bullying complaint is prohibited. For purposes of this policy, retaliation includes, but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.

Discipline/Penalties

Any individual who violates this policy by engaging in prohibited harassment, hazing, or bullying will be subject to appropriate disciplinary action. Disciplinary measures available to school authorities include, but are not limited to, the following:

Students: Discipline may range from a reprimand, up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.

Employees: Discipline may range from a warning, up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.

Volunteers: Penalties may range from a warning, up to and including loss of volunteer assignment.

Vendors: Penalties may range from a warning, up to and including loss of District business.

Other individuals: Penalties may range from a warning, up to and including denial of future access to school property.

Education

All students and employees shall be informed of this policy in student and employee handbooks and student registration materials. A poster summarizing the policy shall also be posted in a prominent location at each District building.

All employees shall receive information about this policy and regulation at least once a year. Administrative employees who have specific responsibilities for investigating and resolving complaints of harassment, hazing, and bullying shall receive yearly training on this policy, regulation, and related legal developments.

Principals/supervisors in each school shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures for reporting a complaint and the impact of harassment, hazing, and bullying on the victim and the bystander.

Adoption date:    July 7, 2010

Re-Adopted:      December 18, 2019

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2350 | Board Meeting Procedures

View the PDF version of Policy 2350 here.

The Bethlehem Central School District (the District) Board of Education meetings will be conducted in an orderly manner that provides time for, and encourages, community involvement. The order of business at each regular meeting shall include the following:

1. Call to order
2. Executive Session (if needed)
3. Reconvene to regular meeting
4. Pledge of Allegiance
5. Approval of minutes of previous meeting
6. Student Senate Report
7. Student Reports
8. Superintendent’s Report
9. Board Report
10. Presentations
11. Recognition of visitors who wish to speak on an agenda item
12. New business (professional, support and other action items)
13. Recognition of visitors who wish to speak on a non-agenda item
14. Discussion of future meetings and events
15. Executive Session (if needed)
16. Adjournment

The regular order of business may be changed by an affirmative vote of the majority.

Except in emergencies, the Board and Superintendent will not attempt to decide upon any question under consideration before examining and evaluating relevant information.

The Board may adjourn a regular or special meeting at any place in the agenda providing arrangements are made to complete the items of business on the agenda at a future meeting. The minutes shall make notice of the adjournment, and the reconvened session shall be considered an addition to these minutes.

The Board values and welcomes civil, respectful statements. Clear, concise communications that inform its deliberations. The Board uses the public comment period as an opportunity to listen to citizen concerns, but will not debate issues or enter into a question-and-answer session. It is also important that no person addressing the Board initiate charges or complaints about an individual Board member, employee or student of the District. Any charge or complaint should be directed to the Superintendent outside of the public session. Speakers are encouraged to provide the Board with a written copy of their comments and other appropriate supporting documentation, but is not required.

To address the Board of Education, please:

1. Wait to be called upon by the Board
2. At the microphone, please state your full
3. Direct your comments to the
4. Keep your comments as concise as
5. Speakers are expected to treat others with respect, confining their remarks to District

The president shall be responsible for the orderly conduct of the meeting and shall rule on such matters as the time to be allowed for public discussion and the appropriateness of the subject being presented. The president shall have the right to discontinue any presentation that violates this policy.

Adoption date:   June 19, 2002

Re-Adopted:      December 18, 2019

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Policy 4321.11 | Public Report On Revisions to District Policies, Practices and Procedures Upon a Finding of Significant Disproportionality

View the PDF version of Policy 4321.11 here.

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

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

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

Cross-ref: 4321 et seq. as appropriate.

Ref:

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

Adoption date: September 18, 2019

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Policy 4850 | Instructional Activities Involving Animals

View the PDF of the Instructional Activities Involving Animals Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes that the study of living things is essential to effective instruction in the life sciences.  The primary goals for demonstrations and investigations involving animals are to achieve an interest in and an understanding of the life processes, to demonstrate biological principles, and to teach proper care and handling of animals.  Therefore, the Board requires that any such instructional activities, investigations, and projects be well-planned and adequately supervised, and be conducted with a respect for life and an appreciation of the health and safety of both animals and students.

The Board also recognizes that some students have a moral or religious objection to dissection or otherwise harming or destroying animals.  In accordance with state law, students shall have the right to opt out of dissection activities, provided that the student performs an alternative project approved by the student’s teacher.  The objection must be substantiated in writing by the student’s parent or guardian.

At the start of the school year, teachers of courses that include animal dissection shall give notice to the students in those classes of their opt-out rights and responsibilities under the law and this policy.  Such notice shall be shared with parents of those students, and also be available upon request.

Ref: Education Law §809(4)

Responsible Use of Live Animals and Dissection in the Science Classroom, National
Science Teachers Association Position Statement, revised March 2008
(www.nsta.org/about/positions/animals.aspx)

Adoption date: September 18, 2019

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Policy 5550 | Student Privacy

View the PDF version of the Student Privacy Policy here.

The Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes its responsibility to enact policies that protect student privacy, in accordance with law.  This is particularly relevant in the context of the administration of surveys that collect personal information, the disclosure of personal information for marketing purposes and in conducting physical exams.

Surveys

The Board recognizes that student surveys are a valuable tool in determining student needs for educational services. In accordance with law and Board policy, parental consent is required for minors to take part in surveys which gather any of the following information:

1. political affiliations or beliefs of the student or the student’s parent;
2. mental or psychological problems of the student or the student’s family;
3. sex behavior or attitudes;
4. illegal, anti-social, self-incriminating or demeaning behavior;
5. critical appraisals of other individuals with whom respondents have close family relationships;
6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
7. religious practices, affiliations or beliefs of the student or the student’s parent; or
8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program). 

In the event that the district plans to survey students to gather information included in the list above, the District will obtain written consent from the parent/guardian in advance of administering the survey. The notification/consent form will also apprise the parent/guardian of their right to inspect the survey prior to their child’s participation.

Marketing

It is the policy of the Board not to collect, disclose, or use personal information gathered from students for the purpose of marketing or selling that information or providing it to others for that purpose. This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to students or educational institutions such as: 

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

In the event that such data is collected by the district, disclosure or use of student personal information will be protected by the district pursuant to the requirements of the Family Educational Rights and Privacy Act (FERPA). [For guidance regarding the disclosure of “directory information,” rather than personal information, see policy 5500, Student Records.]

Inspection of Instructional Material

Parents/guardians shall have the right to inspect, upon request, any instructional material, used as part of the educational curriculum for students.  “Instructional material” is defined as: “instructional content that is provided to a student, regardless of format including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet).  It does not include tests or academic assessments.” 

A parent/guardian who wishes to inspect and review such instructional material shall submit a request in writing to the building principal.  Upon receipt of such request, arrangements shall be made to provide access to such material to within 30 calendar days after the request has been received.

Invasive Physical Examinations

Prior to the administration of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school not necessary to protect the immediate health or safety of the student or other students and not otherwise permitted or required by state law, a student’s parent/guardian will be notified and given an opportunity to opt their child out of the exam.  Hearing, vision and scoliosis screenings are not subject to prior notification.

Notification

Parents/guardians and eligible students shall be notified at least annually, at the beginning of the school year, and when enrolling students for the first time in district schools of this policy.  The District shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.

Cross-ref:

• 5420, Student Health Services
• 5500, Student Records

Ref: 

• 20 USC §1232h (No Child Left Behind Act)
• 34 CFR Part 98
• Education Law §903
• 8 NYCRR §136.3(b)  

Adoption date: September 18, 2019

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Policy 5405 | Wellness Policy on Nutrition and Physical Education

View the PDF version of the Wellness Policy on Nutrition and Physical Education here.

The well-being and support we can provide our students in maintaining a healthy lifestyle is the goal of our local wellness policy.

Statement of Commitment

he Bethlehem Central School District (the District) is committed to providing a school environment that promotes and protects children’s health, well-being, and ability to learn by providing comprehensive curricula and experiences in Health and Physical Education that support healthy eating and physical activity. Therefore, it is the policy of the District that:

1. All students in grades K-12 will have opportunities, support, and encouragement to be physically active before, during, and after school.
2. All foods and beverages sold or provided by schools participating in the National School Lunch Program and/or School Breakfast Program will meet and/or exceed the minimum federal and state nutrition standards. This includes items in vending machines and a la carte/snack products that students have access to during the school day.
3. In any school(s) where the District has opted not to participate in the National School Lunch Program and/or School Breakfast Program, the District will aim to provide nutritious food and beverage choices that conform to the most recent USDA Dietary Guidelines for Americans. The District will provide financial support to the Food Service Department in order to maintain a free and/or reduced price student meal program at such schools.
4. Schools will provide education to foster lifelong habits of healthful eating and physical activity.
5. The District is committed to providing an environment in all of our schools where students will be supported by mental health services to ensure their achievement and success.
6. The District will encourage staff to practice healthy nutrition and physical activity behaviors in and out of school.
7. The superintendent, in conjunction with the Coordinated Health Team, will assist the Board of Education (the Board) in its management, oversight, implementation, communication, and evaluation of the Wellness Policy and its established goals and objectives.
8. At least once every three years, the District will evaluate compliance with the current Wellness Policy and update the policy to reflect improvements/changes to evidenced-based guidance and/or best practices that support student wellness.

To Achieve These Goals:

The District will follow the Center for Disease Control’s Coordinated School Health Model. The Coordinated Health Team will consist of parents/community members; school administration; staff representatives from health and physical education, counseling, psychological and social services, health services, the director of Food Service, and teachers, and will be chaired by the superintendent, or his/her designee. The Health Team will act in an advisory role to provide input to the superintendent and the Board. Final policy decisions are determined by the Board.

Adoption date: June 20, 2007
Revised date: September 19, 2007
Revised date: January 4, 2012
Revised date: December 4, 2013
Revised date: June 21, 2017
Revised date: September 23, 2019

Re-adopted: October 16, 2019

 

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Policy 8115 | Pesticides and Pest Management

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

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

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

Notification of Pesticide Application

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

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

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

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

Cross-ref:

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

Ref:

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

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

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Policy 8123 | Hygiene Precautions and Procedures

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

The Board of Education (the Board) of the Bethlehem Central School District (the District), 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, or 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 District shall utilize appropriate precautions when providing first aid or otherwise dealing with situations that involve exposure to, or contact with, 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 District.

The superintendent or designee 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
Revised date: September 23, 2019

Re-adopted: October 16, 2019

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Policy 8123-R | Hygiene Precautions and Procedures

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

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

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

Adoption date: June 19, 2002

Revised date: September 23, 2019

Re-adopted: October 16, 2019

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Policy 8123.1 | Contagious Diseases

View the PDF version of the Contagious Diseases Policy here.

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

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

The Exposure Control Plan shall include:

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

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

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

Cross-ref: 5420, Student Health Services

Ref: 29 CFR §1910.1030

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

Adoption date: April 2, 2008

Revised date: September 23, 2019

Re-adopted: October 16, 2019

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Policy 8134 | Emergency Closing

View the PDF version of the Emergency Closing Policy here.

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

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

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

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

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

Ref: Education Law §3604(7)

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

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Policy 8212 | Vandalism

View the PDF version of the Vandalism Policy here.

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

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

Cross-ref: 5300, Code of Conduct

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

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

Re-adopted: October 16, 2019

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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 (the Board) of the Bethlehem Central School District (the District) recognizes that certain District employees may need to respond to urgent matters that require them to be reached promptly. The Board authorizes cell phones to be issued to employees pursuant to an annual review and affirmation of the business purpose that requires a phone to be provided by the District.

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 communication to a reasonable length and reimburse the District within thirty days if non-business expenses are incurred under the 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, which must be reported immediately to the Business Office.

Adoption date: June 15, 2005
Revised date: October 4, 2006
Re-Adopted: July 6, 2011
Revised date: September 23, 2019

Re-adopted date: October 16, 2019

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

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

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

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

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

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

Cross-ref: 6700, Purchasing
6830, Expense Reimbursement

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

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

Re-adopted: October 16, 2019

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

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

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

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

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

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

Re-adopted: October 16, 2019

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

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

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

Ref: Education Law

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

Re-adopted: October 16, 2019

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Policy 8413.1 | Nonpublic School Transportation

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

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

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

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

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

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

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

Ref: Education Law

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

Re-adopted: October 16, 2019

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Policy 8630 | Technology Resources and Data Management

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

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

Definitions

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

Management Responsibilities

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

User Rights and Limitation of District Obligations

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

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

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

Re-adopted: October 16, 2019

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Policy 8630-R | Technology Resources and Data Management Regulation

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

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

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

Administration

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

User Account Management

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

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

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

Re-adopted: October 16, 2019

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Policy 8635 | Information Security Breach & Notification

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

The Board of Education (the Board) of the Bethlehem Central School District (the District) acknowledges the state’s concern regarding the rise in identity theft and the need for prompt notification when security breaches occur. To this end, the Board directs the superintendent, 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.
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, surname of parent(s) and/or guardian(s) prior to marriage, or driver’s license number. In addition, the District will protect employee Social Security numbers in that such numbers shall not: be publicly posted or displayed; be printed on an ID badge, card, or time card; be placed in files with unrestricted access; or be used for occupational licensing purposes. Employees with access to such information shall be notified of these prohibitions and their obligations.

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

Ref: State Technology Law §§201-208
Labor Law §203-d

Adoption date: January 4, 2012
Reapproved date: September 18, 2019

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Policy 8635-R | Information Security Breach & Notification Regulation

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

The Board of Education (the Board) of the Bethlehem Central School District (the District) acknowledges the state’s concern regarding the rise in identity theft and the need for prompt notification when security breaches occur. To this end, the Board directs the superintendent, in accordance with appropriate business and technology personnel, to establish regulations that:

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 nondriver identification card number; or 
3. Account number, or 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 (and 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 & 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 of 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:

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 CSCIC 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
Revised date: September 18, 2019

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Policy 8700 | Insurance

View the PDF version of the Insurance Policy here.

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

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

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

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

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

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

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Policy 9520.2 | Family and Medical Leave

View the PDF version of the Family and Medical Leave Policy here.

Consistent with the federal Family and Medical Leave Act of 1993 (FMLA), the Board of Education (the Board) of the Bethlehem Central School District (the District) recognizes the right of eligible employees to take up to twelve weeks of unpaid leave during any twelve-month period for certain family and medical reasons (Basic FMLA Leave), and to take up to twenty-six weeks of unpaid leave in a single twelve-month period to care for a military-covered service member who has a serious injury or illness that was incurred in the line of duty (Military Caregiver FMLA Leave). Any such leave shall be provided in accordance with FMLA, applicable District policies and collective bargaining agreements.

In order to be eligible for leave under FMLA, a District employee must (a) have worked for the District for at least twelve months, (b) have worked at least 1,250 hours in the immediately preceding twelve months, and (c) be employed at a worksite where at least fifty employees are employed by the District within a seventy-five-mile radius of that worksite.

Eligible employees must be taking Basic FMLA Leave for one of the following reasons:

1. For the birth of the employee’s child, to care for the child after birth, or for placement with the employee of a child for adoption or foster care;
2. To care for a spouse, child, or parent with a serious health condition;
3. For the serious health condition of the employee that makes the employee unable to perform the functions of their job; and
4. For specific qualifying exigencies arising when an employee’s spouse,child, or parent is on covered active military duty, or is called to covered active military duty.

Eligible employees must be taking Military Caregiver FMLA Leave to care for a covered service member (as defined by FMLA) who is the employee’s spouse, child, parent, or other next-of-kin, and who has a serious injury or illness.

When FMLA leave is foreseeable, then at least thirty days prior to the date when the leave is to begin, in accordance with procedures established by the District:

• All employees wishing to take leave under FMLA shall notify the Director of Human Resources of his/her request for such leave.

If such leave is not foreseeable, then notice shall be given as early as is practical.

Under the law, FMLA leave is unpaid. However, FMLA permits employees to choose, or employers to require employees, to use accrued paid leave while taking FMLA leave. Where an employee chooses, or the District requires an employee, to use accrued paid leave while taking leave under FMLA, such employee must comply with the terms of any applicable collective bargaining agreement or other applicable paid leave policy. 

The District shall maintain group health insurance coverage for any employee on FMLA leave, whenever such insurance was provided before the leave was taken, on the same terms as if the employee had continued to work. If necessary, arrangements will be made for employees to pay their share of insurance premiums while on leave.

Except as otherwise provided by FMLA, an employee who takes leave under FMLA will be able to return to the same job or a job with equivalent pay, benefits, and other employment terms. The taking of FMLA leave cannot result in the loss of any benefit that accrued prior to the start of such leave.

The District shall post a notice prepared or approved by the secretary of Labor stating the pertinent provisions of FMLA, including information concerning enforcement of the law. A copy of this Board Policy and corresponding administrative regulations shall be distributed to current employees and to each new employee upon hire.

Ref: 29 U.S.C. §§2601-2654 (the Family and Medical Leave Act of 1993)
29 C.F.R. Part 825

Adoption date: May 18, 2011
Revised date: September 23, 2019

Re-adopted: October 16, 2019

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Policy 9520.2-R | Family and Medical Leave Regulation

View the PDF version of the Family and Medical Leave Regulation here.

In accordance with the Family and Medical Leave Act of 1993 (FMLA), the Bethlehem Central School District (the District) will grant to eligible employees up to twelve weeks of unpaid leave during any twelve-month period for certain family and medical reasons (Basic FMLA Leave), and up to twenty-six weeks of unpaid leave in a single twelve-month period to care for a military-covered service member who has a serious injury or illness that was incurred in the line of duty (Military Caregiver FMLA Leave). Any such leave shall be provided in accordance with FMLA, applicable District policies, and collective bargaining agreements.

Eligible Employees

In order to be eligible for leave under FMLA, a District employee must (a) have worked for the District for at least twelve months, (b) have worked at least 1,250 hours in the immediately preceding twelve months, and (c) be employed at a worksite where at least fifty employees are employed by the District within a seventy-five- mile radius of that worksite.

In accordance with FMLA, a full-time classroom teacher is presumed to meet the 1,250 hour requirement, in the absence of evidence to the contrary. “Teacher” is defined by FMLA and includes an employee employed principally in an instructional capacity whose principal function is to teach and instruct students. The term “teacher” does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

Reasons for Leave

Eligible employees must be taking Basic FMLA Leave for one of the following reasons:

1. For the birth of the employee’s child or to care for the child after birth (so long as such leave
   concludes within twelve months from the date of the child’s birth) or for placement with the employee of a child for adoption or foster care (so long as such leave concludes within twelve months from the date of the child’s placement);
2. To care for a spouse, partner, child, or parent with a serious health condition;
3. For the serious health condition of the employee that makes the employee unable to perform the functions of their job; and
4. For specific qualifying exigencies arising when an employee’s spouse, child, or parent is on covered active military duty, or is called to covered active military duty. “Qualifying exigencies” are defined by FMLA and include, by example, attending certain military events, arranging for alternative childcare, addressing certain legal and financial arrangements, attending certain counseling sessions, and attending postdeployment reintegration briefings.

Eligible employees must be taking Military Caregiver FMLA Leave to care for a covered service member (as defined by FMLA) who is the employee’s spouse, child, parent, or other next-of-kin, and who has a serious injury or illness.

A “serious health condition” is defined by the FMLA and includes an illness, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a healthcare provider for a condition that either prevents the employee from performing the function of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a healthcare provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

A “serious injury or illness,” in the case a covered service member, is defined by FMLA and includes: (a) for a member of the Armed Forces, an injury or illness that incurred in the line of active duty (or existed before the beginning of the active duty and was aggravated by service in the line of active duty) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and (b) for certain veterans who were members of the Armed Forces, a qualifying (as defined by the secretary of Labor) injury or illness that was incurred by the member in the line of active duty (or existed before the beginning of active duty and was aggravated by service in the line of active duty) and that manifested itself before or after the member became a veteran.

Period of Leave

An eligible employee is entitled to take up to a total of twelve weeks of Basic FMLA Leave in a twelve-month period. For purposes of calculating such twelve-month period, the period is measured forward from the date on which an employee uses any Basic FMLA Leave.

An eligible employee is entitled to take up to a total of twenty-six weeks of Military Caregiver FMLA Leave during a “single twelve-month period.” The “single twelve-month period” is measured forward from the date on which an employee first begins Military Caregiver FMLA Leave.

During each single twelve-month period, an eligible employee is limited to a combined total of twenty-six weeks of Basic FMLA Leave and Military Caregiver FMLA Leave, of which no more than twelve weeks may be attributable to Basic FMLA Leave.

In certain instances, spouses who are both employed by the District may be entitled to only an aggregate total of twelve or twenty-six weeks of leave under this policy, as applicable.

Procedure for Requesting Leave

When FMLA leave is foreseeable, then at least thirty days prior to the date when the leave is to begin, in accordance with procedures established by the District:

• Teachers and administrators wishing to take leave under FMLA shall notify the superintendent of their request for such leave; and
• All other employees wishing to take leave under FMLA shall notify the chief business and financial officer of their request for such leave.

If such leave is not foreseeable, then notice shall be given as early as is practical.

Employees must provide sufficient information in order for the District to determine if the requested leave qualifies under FMLA, and the anticipated timing and duration of such leave. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Notification of Eligibility and Designation of FMLA Leave

Absent extenuating circumstances, the District will notify an employee in writing of their eligibility for leave under FMLA within five business days after the employee submits their request for leave, or after the District is otherwise aware of the employee’s need for such leave. Such notice will specify any additional information required, as well as the employee’s rights and responsibilities while on such leave. If the District determines that an employee is not eligible for leave under FMLA, the District will notify the employee in writing and provide a reason for the ineligibility.

The District also will inform an employee if their leave will be designated as leave under FMLA and the amount of leave counted against the employee’s FMLA leave entitlement. If the District determines that the requested leave is not FMLA leave, the District will notify the employee and provide a reason.

Use of Accrued Leave Time Under FMLA

Under the law, FMLA leave is unpaid. However, FMLA permits employees to choose, or employers to require employees, to use accrued paid leave while taking FMLA leave. Where an employee chooses, or the District requires an employee, to use accrued paid leave while taking leave under FMLA, such employee must comply with the terms of any applicable collective bargaining agreement or other applicable paid leave policy.

The District requires employees to use the following accrued paid time prior to taking unpaid FMLA leave:

Type of FMLA Leave	Type of Accrued Time Which Must Be Substituted
Basic FMLA Leave for an employee’s own serious health condition	Accrued vacation time, personal time, sick time and any other accrued paid leave
Basic FMLA Leave for the serious health condition of the employee’s spouse, child, or parent	Accrued vacation time, personal time, sick time and any other accrued paid leave
Military Caregiver FMLA Leave	Accrued vacation time, personal time, sick time and any other accrued paid leave
Any other kind of FMLA leave	Accrued vacation time, personal time, sick time and any other accrued paid leave

Substituted paid leave will run concurrently with the 12- or 26-week FMLA period. 

For employees taking an unpaid leave (pursuant to established District policies) that is also an FMLA-qualifying leave, the District will require such unpaid leave to run concurrently with the FMLA leave.

Maintenance of and Effect on Benefits

The District shall maintain group health insurance coverage for any employee on FMLA leave, whenever such insurance was provided before the leave was taken, on the same terms as if the employee had continued to work. Arrangements will be made for employees to pay their share of insurance premiums while on leave. The District may, as permitted by the FMLA, recover premiums paid by the District to maintain an employee’s insurance coverage if that employee fails to return to work from FMLA leave.

Seniority will continue to accrue during any paid FMLA leave. Seniority will not accrue during any unpaid FMLA leave, provided that the employee must be notified in writing that the unpaid FMLA leave will not be counted for purses of seniority.

Intermittent Leave

In certain circumstances, FMLA leave may be taken intermittently or on a reduced schedule basis, rather than in one block. Intermittent leave is leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee’s usual number of working hours per work week, or hours per workday.

An eligible employee may use intermittent or reduced schedule leave:

1. Because of the employee’s own serious health condition, to care for a parent or child with a serious health condition, or for Military Caregiver FMLA Leave if there is a medical need for such leave and such medical need can be best accommodated through leave on an intermittent or reduced schedule basis; or
2. For Basic FMLA Leave due to qualifying exigencies arising when an employee’s spouse, child, or parent is on covered active military duty, or is called to covered active military duty.

An eligible employee may take intermittent leave or reduced schedule leave after the birth or placement of a healthy child, only if the District agrees. Special rules apply if a teacher desires to take intermittent or reduced schedule leave.

Employees requesting intermittent or reduced schedule leave must attempt to schedule their leave so as not to disrupt the District’s operations. The District may, in certain circumstances, assign an employee to an alternative position with equivalent pay and benefits that better accommodates the employee’s intermittent or reduced leave schedule.

Return from Leave

Except as otherwise provided by FMLA, an employee who takes leave under FMLA will be able to return to the same job or a job with equivalent pay, benefits, and other employment terms. The taking of FMLA leave cannot result in the loss of any benefit that accrued prior to the start of such leave.

In addition, special rules apply if a teacher desires to take FMLA leave near the end of an academic term.

• If a teacher begins FMLA leave more than five weeks before the end of a term, the District may require the employee to continue taking leave until the end of the term if: (i) the leave will last at least three weeks and (ii) the employee would return to work during the three-week period before the end of the term.
• If a teacher begins leave during the five-week period before the end of a term because of the birth of a child; the placement of a child for adoption or foster care; to care for a spouse, child, or parent with a serious health condition; or to care for a covered service member, the District may require the employee to continue to take leave until the end of the term if: (i) the leave will last more than two weeks; and (ii) the employee would return to work during the two week period before the end of the term.
• If a teacher begins leave during the three-week period before the end of the term because of the birth of a child; the placement of a child for adoption or foster care; to care for a spouse, child, or parent with a serious health condition; or to care for a covered service member, the District may require the employee to continue to take leave until the end of the term if the leave will last more than five working days.

In the case of an employee who is required to take leave until the end of an academic term, only the period of FMLA leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement; however, the District shall maintain the employee’s group health insurance for the additional leave period required by the District to the end of the term.

Prior to returning from FMLA leave, the District may require that an employee present a certification of fitness to return to work when the absence was caused by the employee’s serious health condition.

Failure to return from any leave may result in the employee’s termination. 

Enforcement

FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under FMLA, or to discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under FMLA. FMLA does not affect any federal or state law prohibiting discrimination. An employee who disagrees with any determination by the District regarding a request for leave, or who believes that he or she has been retaliated against for requesting or taking FMLA leave, may file a complaint with the U.S. Department of Labor or commence a private lawsuit.

Notice of Policy

The District shall post a notice prepared or approved by the secretary of Labor stating the pertinent provisions of FMLA, including information concerning enforcement of the law. A copy of the Board Policy and these regulations shall be distributed to current employees and to each new employee upon hire.

Adoption date: May 18, 2011
Revised date: September 18, 2019

Re-adopted: October 16, 2019

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Policy 9170 | Meals and Refreshments

View the PDF version of the Meals and Refreshments Policy here.

The Board of Education (the Board) recognizes that, occasionally, it may be appropriate to provide refreshments and/or meals at Bethlehem Central School District (the District) meetings or events that are being held for a District or educational purpose. Any expenditure on such refreshments and/or meals must be approved in advance by the appropriate building administrator. Refreshments consist of light snacks and beverages, which may be provided as is professionally customary, for meetings during nonmeal periods. Meal requests may be approved when:

• Officers and/or employees of the District will be prevented from taking time off for food consumption due to a pressing need to complete the business at hand;
• The District is faced with business of an immediate nature and meetings of District employees are essential at mealtime;
• The District wishes to recognize the services provided by volunteers or other unsalaried members of the District (in such cases, however, only the meals of those being recognized may be reimbursed and the cost of the meals must be reasonable).

Examples of authorized expenditures include, but are not limited to, refreshments and/or meals for staff on teacher orientation day at the beginning of each year, staff recognition including opening day and at year-end, refreshments during professional development on Superintendent’s Conference Day or faculty meetings, community/district meetings, assessment day grading of tests, receptions for volunteers, and other meetings at which District business is conducted.

Expenditures must be reasonable, actual, and necessary. Reasonable is defined as a nominal per person amount for refreshments, and within the federal travel reimbursement rate schedules for meals. Necessary is defined as professionally customary and as is approved by the appropriate administrator. All expenses must be appropriately documented, including the date, purpose of the meeting, and the group in attendance, and submitted to the District’s Business Office for the purposes of audit and possible reimbursement.

Cross-ref: 6830, Travel Expense Reimbursement

Ref: NY Constitution, Art. VIII, 1 (constitutional prohibition against gifts)
Education Law §2118
Ops. St. Compt. 77-667; 79-522; 82-66; 82-213 82-298; 83-57; 98-2

Adoption date: June 15, 2005
Revised date: February 8, 2018
Revised date: September 23, 2019

Re-adopted: October 16, 2019