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

In order to provide services that are truly supportive of the educational program, the Board of Education establishes the goals of providing:

1.        A physical environment for teaching and learning that is safe and pleasant for students, staff, and the public;

2.        Safe transportation and nutritious meals for students who use these services; and

3.        Timely, accurate, and efficient support services that meet District needs and promote District goals.

The Board of Education authorizes that the District establish a Safety Committee whose membership shall consist of, but not be limited to:

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

To ensure that the school buildings are safe and maintained in a state of good repair, consistent with the requirements of New York State law and regulations, the Board will:

1.   Annually appoint a Health and Safety Committee for each school building composed of representation from District administration, school staff (with at least one representative from each school building), bargaining units and parents, that shall participate in monitoring and reviewing the condition of occupied school buildings and to make recommendations to the Board as necessary based on the condition of the buildings.

2.   Review and approve all annual building inspections and building condition surveys.

3.   Direct the Superintendent or the Director of Facilities to take immediate action to remedy serious conditions that affect health and safety and report such conditions to the Commissioner of Education in accordance with New York State law.

            The Board shall ensure that a building condition survey is conducted by a team that includes a licensed engineer or architect for all occupied school buildings at least every five years. On an annual basis, the members of the Board of Education, in conjunction with the Superintendent, will also visit each building and conduct a visual inspection in order to remain informed about physical conditions of each building.

            In consultation with the health and safety committee, the Board shall also annually provide for the safety rating of all occupied school buildings pursuant to the requirements of the Commissioner’s regulations, which shall include an annual fire inspection.

II.   Superintendent’s Responsibilities

The Superintendent of Schools or the Director of Facilities will:

1. Ensure that regular inspections during the school year of all school buildings are conducted for the purpose of reviewing the proper maintenance of such buildings and correcting any conditions that constitute a hazard to health and safety. These inspections include, but are not limited to Structural and Fire and Safety inspections. A visual structural safety inspection shall be conducted annually before June 30 by a team which includes at least the district director of facilities, a custodian and a code enforcement official.

2. Take the appropriate action to promptly remedy any hazards and risks.  If the annual fire inspection reveals a violation of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250), it shall be corrected within a time frame established by the Commissioner of Education.

3. Report the results of the various inspections to the Board of Education.
4. Be responsible for the development of procedures for investigating and resolving complaints related to the health and safety issues in the District’s buildings consistent with requirements of New York State law and regulations.
   

   
   

 I.  Fire Inspection

Each year, a fire inspector, qualified by the State Fire Administration, shall make an annual fire inspection of each school building, prior to December 1 of every school year.

3.  The Superintendent shall report to the Board any serious non-conformance issues discovered during the inspection process which cannot be corrected by the filing deadline and the corrective actions taken therein.

A building condition survey shall be conducted for all occupied school buildings at least every five years.

1. The physical inspections required to complete the survey shall be conducted by a team that includes at least one licensed architect or engineer. The Commissioner of Education shall prescribe the format required to complete the survey.

2. The survey shall include, but not be limited to list of all program spaces and an inspection of the following building system components for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement:

1. the building site, including utilities, paving, playgrounds, and play fields;

2. roofing;

3. exterior elements of the building, including walls, doors, windows, fire escapes;

4. building structural elements;

5. building interiors, including finishes, doors, and hardware;

6. electrical systems, including service and distribution, lighting, communications, technology infrastructure and cabling;

7. plumbing, including water distribution system, drainage system, and fixtures;

8. heating and cooling systems, including boilers, furnaces, terminal units, and control systems;

9. ventilation systems;

10. air conditioning systems, including refrigeration, terminal units, and control systems;

11. special construction, including stairs, elevators, escalators, and swimming pools;

12. fire protection and security systems, including alarm, detection and fire protection; and

13. environmental features, including appearance, cleanliness, acoustics, lighting quality, thermal comfort, humidity, ventilation and space adequacy.

     3.  Reports of building condition surveys, signed and sealed by the licensed architect or engineer, shall be submitted to the Commissioner by January 15th of every fifth year. 

1. Annual Visual Inspection

A. The annual visual inspection shall be conducted annually provided that the building condition survey shall fulfill the requirement for the year such survey is conducted.

B. The annual visual inspection shall consist of a visual re-inspection of the components of the building condition survey for changes and a review and/or update of the safety rating, as needed.

C. The annual visual inspection shall be conducted by a team including a person certified by the Department of State as a local code enforcement official, the District’s director of facilities and/or his or her designee, and a member of the health and safety committee.

D. The annual visual inspection shall be made annually by November 15^th of each year not scheduled for a building condition survey.

E. The results of the inspection shall be reported to the Commissioner on forms prescribed by the Commissioner and shall be filed by January 2015.

Ref:     Education Law §409-d; 409-e; 807-a; 360.2(6); 3641

8 NYCRR §§155.1; 155.3; 155.4

State Uniform Fire Prevention and Building Code

ADOPTED:               July 1, 1997 - formerly known as

BUILDINGS AND GROUNDS INSPECTION ­- REGULATION

AMENDED:              March 31, 2015

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

2.    Provides employees with training on hazardous materials and the measures required to maintain optimum protection while working with these agents.

3.    Reviews Material Safety Data Sheets for all products currently in use or being considered for use.

4.    Maintains an inventory of Material Safety Data Sheets for all hazardous materials.

5.    Requests specific chemical information when such material has been designated as a trade secret by a manufacturer or supplier.

6.    Establishes procedures to maintain the confidentiality of trade secret information.

Head/Chief Custodian

1.    Implements the Hazard Communication Program.

2.    Generates and maintains inventory listings of all hazardous materials present and provides updates where and when necessary.

3.    Acts as employee contact for obtaining Material Safety Data Sheets from the State Health Department and/or manufacturers/suppliers of materials currently in use or being considered for use.

4.    Compiles Material Safety Data Sheets for each hazardous material used and obtains updates when necessary.

5.    Ensures that Material Safety Data Sheets are readily accessible to employees, and will provide such information within 72 hours of an employee request.

6.    Ensures that each container identified as holding a hazardous material is properly labeled as to the identity of its contents and appropriate hazard warnings, including building materials containing asbestos.

Staff Members

1.    Actively participate in mandated training programs and comply with training provisions.

2.    Familiarize themselves with the Material Safety Data Sheets of those hazardous materials with which they work.

3.    Utilize those measures that have been distributed to protect themselves from adverse exposure to hazardous materials.

4.    Report unsafe conditions to the Safety Coordinator, or other designated individuals, as soon as possible.

The Board of Education recognizes the importance of the participation of district staff and parents in promoting a safe, secure and healthy school environment. In accordance with Commissioner’s regulations, the Board will appoint a Health and Safety Committee composed of representation from district officials, staff, including a representative from each building, bargaining units and parents. 

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

1.     Participate in the investigation and disposition of health and safety complaints.

2.     Consult with district officials in completing safety ratings of all occupied school buildings.

3.     Monitor safety during school construction projects including periodic meetings to review issues and address complaints related to health and safety resulting from the project.

4.     Upon completion of a construction project, conduct a walk-through inspection to ensure the area is ready to be reopened for use.

Health and Safety Committee – Expanded during construction projects

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

1.     Participate in the investigation and disposition of health and safety complaints regarding the construction or maintenance project and address complaints regarding excessive noise.

2.     Meet periodically to review issues and address complaints regarding health and safety arising from construction.

3.     Monitor safety during construction projects.

4.     After the work is completed, conduct a walk-through inspection to confirm that the area is ready to be reopened for use.

1.   report any conditions involving equipment or buildings which may be dangerous to student or employee health or welfare;

2.   report any unsafe practices by anyone in the building or on the grounds;

3.   restrict bicycle riding only on the roadways, not the sidewalks. Prohibit pleasure riding on the school grounds during school hours; and

4.   observe the posted speed limit on school grounds.

1.   the plan is readily available for inspection;

2.   it includes standard operating procedures for health and safety to be followed when laboratory work involves the use of hazardous chemicals;

3.   it includes criteria used to implement chemical exposure control measures;

4.   it includes requirements for properly functioning protective equipment;

5.   it provides for employee training and information;

6.   it includes procedures for obtaining District approval for specific procedures and activities;

7.   it includes provisions for medical consultation and examinations as appropriate;

8.   it designates personnel responsible for implementing the plan, including the assignment of a Chemical Hygiene Committee. The Superintendent will determine whether the establishment of a CHC is appropriate and report to the Board with his/her recommendations;

9.   it provides for additional employee protection for work with potentially hazardous substances;

10.   it provides for a waste disposal program; and

11.   it shall include provisions for District review and update of the CHP on an annual basis.

12.   it is capable of minimizing the currently known health hazards to employees associated with hazardous chemicals in laboratories;

13.   it is capable of keeping exposures below specified limits;

14.   it includes a requirement that fume hoods and other protective equipment are functioning properly and that specific measures shall be taken to assure proper and adequate performance of such equipment.

The Board of Education recognizes that many factors, including the use and misuse of prescription painkillers, can lead to the dependence on and addiction to opiates, and that such dependence and addiction can lead to overdose and death among the general public, including district students and staff. The Board wishes to minimize these deaths by the use of opioid overdose prevention measures.

Due to the nationwide increase in the number of opioid overdoses, New York State has issued a law encouraging and allowing school districts to keep Naloxone (NARCAN) on hand for emergency use. The Board approves a program for the use of opioid antagonists on students or staff suspected of having opioid overdose, whether or not there is a previous history of opioid abuse. Opioid antagonists will be limited to naloxone and other medications approved by the Department of Health for such purposes, and will be administered only to students and staff.

The Board directs the school physician to issue a non-patient specific standing order for RN’s to administer intranasal naloxone (also known as NARCAN, among other names). The non-patient specific order will include a written protocol containing the elements required by the regulations of the Commissioner of Education. A copy of this standing order and the NARCAN “kits” will be kept in each health office in the District.

Naloxone will be accessible during school hours and during on-site school-sponsored activities. The Board permits school nurses to administer intranasal naloxone to any person at school or a school event displaying symptoms of an opioid overdose.

Use of an opioid antagonist pursuant to this policy/regulation and the provisions of Public Health Law section 3309 is considered first aid or emergency treatment for the purpose of any statute relating to liability. Provided that the administration of the opioid antagonist is based on a reasonable and good faith belief in compliance with the provisions of Public Health Law section 3309, such District employee will not be subject to criminal, civil or administrative liability solely by reason of such action.

Those trained as volunteer responders in the administering of naloxone will be required to review training every other year.

This policy, regulation, and any related procedures will be reviewed annually by the District’s lead nurse to ensure they continue to meet the needs of the District and are consistent with recommended best practice.

CLICK HERE to download PDF version

Public Health Laws 922 and 3309, allow schools to administer an opioid antagonist to any student or staff member who exhibits symptoms of suspected opioid overdose. New York State Education Law 6527 and 6909 now permit Registered Nurses to administer an opioid-related overdose treatment using non-patient specific order prescribed by a licensed physician or certified nurse practitioner.

The District authorizes school nurse administration of opioid overdose treatments pursuant to a non-patient specific order and protocols. The District’s medical director will issue a non-patient specific order and protocol authorizing school nurses to administer naloxone and/or other opioid-related overdose treatment to students or staff suspected of having an opioid overdose. The non-patient specific order and protocols must comply with regulations of the commissioner of education (8 NYCRR §64.7).

The Lead Nurse, in coordination with the Executive Director of District Special Education Programs and Pupil Personnel Services  will develop procedures for the placement, storage, inventory, re-ordering, administration documentation, reporting, and training of the school nurse, regarding the use of naloxone.

The District will ensure that there is always one backup naloxone kit per building for each kit that is ready to be used.  When a naloxone kit is used, another backup kit will be ordered.  Naloxone that is nearing its expiration date will be replaced. The school nurses will maintain a log of naloxone supplies containing the following information: lot number, date of receipt, expiration date, and location. 

Every administration of naloxone will be reported to the Clinical Director and Program Director of the Opioid Overdose Prevention Program in which the District is participating, as well as the school nurse.

1. REQUIREMENTS

School nurses will follow the non-patient specific order and written protocol for administration of naloxone, which includes criteria for assessment and directions for administration. 

1. Registered Nurses (“RN’s”) must be currently certified in CPR by the American Red Cross or the American Heart Association.
2. RN’s must maintain a Standing Order for Non-Patient Specific Intranasal Naloxone.
3. RN’s should be currently trained in the administration of intranasal naloxone.
4. Each Health Office should have two (2) does of intranasal naloxone on hand, and re-order as needed.

1. PROTOCOLS – ESSENTIAL STEPS
2. Stimulation - Yell the person’s name, if known; shake, perform sternal rub or pinch skin on upper arm, check pupils – Pinpoint pupils are a key sign of overdose.
3. Activate School Emergency Response Protocol – Call 911, initiate CPR, AED. If overdose is suspected, prepare to administer naloxone intranasal.
4. Assemble nasal atomizer - Pull or pry protective caps form both ends of needle-free syringe and the glass naloxone vial.
5. Administer naloxone – Place nasal atomizer in one nostril land push vial into syringe using 1 ml of naloxone (half). Repeat in other nostril using the rest of the naloxone left in the syringe.
6. If breathing, roll person on their side and monitor breathing (Recovery Position) until EMS arrives.
7. If the person is still unconscious and there is no response in three (3) to five (5) minutes, place person on their back and administer second (2^nd) dose of intranasal naloxone.
8. Continue to monitor and support individual. Provide CPR, rescue breathing as needed until EMS arrives.
9. Notify parent(s) and / or guardian(s). Direct them to the ER where the patient is being transported.
10. Report administration of naloxone / document as necessary and required.
11. Obtain a NARCAN replacement kit.

1. KEY POINTS and PRECAUTIONS
2. Naloxone only reverses opioid overdoses.
3. Effects last 45 minutes to 1½ hours.
4. Affected individual may awaken in combative state.
5. Naloxone is light and heat sensitive. Store in a cool, dry, protected location.

1. REPORTING

School nurses will document all administration of naloxone in the same manner as the administration of other medications under non-patient specific orders. School nurses will report all administration of naloxone to the District’s school physician/medical director, Building Principal and Superintendent.

Consistent with federal regulations, the following regulation is designed to protect members of the school community against exposure to potentially infectious materials.

Definitions

"Other Potentially Infectious Materials" means

1.   The following human body fluids: blood, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental proceedings, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids;

2.   any unfixed tissue or organ (other than intact skin) from a human (living or dead); and

3.   HIV containing cell or tissue cultures, organ cultures, and HIV or HBV containing culture medium or other solutions and blood, organs, or other tissues from experimental animals

4.   infected with HIV or HBV.

"Occupational Exposure" means

reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.

"Exposure Incident" means

a specific eye, mouth, other mucous membrane, non intact skin, or parenteral contact with blood or other potentially infectious materials that result from the performance of an employee’s duties.

"Sharps" means

any object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, capillary tubes, and exposed ends of dental wires.

"Universal Precautions" is

an approach to infection control. According to the concept of Universal Precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV (human immunodeficiency virus), HBV (hepatitis B virus), and other blood borne pathogens.

"Work Practice Controls" means

controls that reduce the likelihood of exposure by altering the manner in which a task is performed (e.g., prohibiting recapping of needles by a two handed technique).

Exposure Control Plan

The District’s Exposure Control Plan shall contain at least the following elements:

Exposure Determination

The District shall prepare an exposure determination which shall contain the following:

1.   a list of all job classifications in which all employees in those job classifications have occupational exposure;

2.   a list of job classifications in which some employees have occupational exposure; and

3.   a list of all tasks and procedures or groups of closely related tasks and procedures in which occupational exposure occurs and that are performed by employees in job classifications listed in paragraph 2 above.

Methods of Compliance

1.      Universal precautions.

Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials.

2.      Engineering and Work Practice Controls.

Engineering and work practice controls shall be used to eliminate or minimize employee exposure. Where occupational exposure remains after institution of these controls, personal protective equipment shall also be used.

The District:

a)   shall provide handwashing facilities which are readily accessible to employees or, when such facilities are not feasible, either an appropriate antiseptic hand cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic hand cleansers or towelettes are used, hands shall be washed with soap and running water as soon as feasible;

b)   shall examine and maintain or replace engineering controls on a regular schedule to ensure their effectiveness;

c)   prohibits the eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses in work areas where there is a reasonable likelihood of occupational exposure. In addition, food and drink shall not be kept in refrigerators, freezers, shelves, cabinets or on countertops where blood or other potentially infectious materials are present;

d)   dshall ensure that contaminated needles and other contaminated sharps shall not be bent, recapped or removed unless no alternative is feasible or such action is required by a medical or dental procedure. This bending, recapping or needle removal must be accomplished through the use of a mechanical device or a one-handed technique. Shearing or breaking of contaminated needles is prohibited;

e)   requires that all procedures involving blood or other potentially infectious materials be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substances;

f)   requires that employees wash their hands immediately after removal of gloves or other personal protective equipment, and wash their hands and any other exposed skin after contact with blood or other potentially infectious materials;

g)   shall dispose of contaminated sharps in appropriately labeled, puncture resistant, and leak-proof containers;

h)   shall place potentially infectious materials in a properly labeled container which prevents leakage during collection, handling, processing, storage, transport, or shipping; and

i)    shall examine prior to shipment for servicing any equipment which may become contaminated with blood or other potentially infectious materials and decontaminate if possible. An appropriate label shall be attached to any contaminated equipment, and all affected employees, servicing representatives, and/or manufacturer, as appropriate, shall be put on notice so that precautions will be taken.

3.      Personal Protective Equipment.

When there is occupational exposure, the District shall provide and require the use of, at no cost to the employee, appropriate personal protective equipment such as, but not limited to, gloves, gowns, face shields or masks and eye protection or other ventilation devices. The District shall also clean, dispose, repair and replace personal protective equipment at no cost to the employee. Personal protective equipment will be considered “appropriate” only if it does not permit blood or other potentially infectious materials to pass through or reach the employee’s work clothes, street clothes, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used. All personal protective equipment shall be removed prior to leaving the work area and shall be placed in an appropriately designated area or container for storage, washing, decontamination or disposal. If a garment is penetrated by blood or other potentially infectious materials, the garment shall be removed immediately or as soon as feasible.

4.   Cleaning, Laundering, and Disposal. The District shall clean, launder, and dispose of personal protective equipment at no cost to the employee.

5.   Repair and Replacement.

The District shall repair or replace personal protective equipment as needed to maintain its effectiveness, at no cost to the employee

6.   Housekeeping.

The District shall ensure that the worksite is maintained in a clean and sanitary condition. The District shall determine and implement an appropriate written schedule for cleaning and method for decontamination based upon the location within the facility, type of surface to be cleaned, type of soil present, and tasks or procedures being performed in the area.

Hepatitis B Vaccination and Post Exposure Evaluation and Follow Up

1    The District shall make available the hepatitis B vaccine and vaccination series to all employees who have occupational exposure, and post exposure evaluation and follow up to all employees who have had an exposure incident. The District shall ensure that all medical evaluations, hepatitis B vaccinations, and laboratory tests are available at no cost to the employee, at a reasonable time and place, and performed by or under the supervision of a licensed physician or other licensed healthcare professional. The District shall ensure that all laboratory tests are conducted by an accredited laboratory.

2.   Hepatitis B vaccination shall be made available after the employee has received the required training and within 10 working days of initial assignment to all employees who have occupational exposure unless the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons.

3.   The District shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccination.

4.   If the employee initially declines the hepatitis B vaccination but at a later date while still covered under the standard decides to accept the vaccination, the District shall make available the hepatitis B vaccination at that time.

5.   The District shall assure that employees who decline to accept the hepatitis B vaccination sign the appropriate statement (see Exhibit).

6.   An exposed employee’s post exposure medical evaluation and follow up shall include at least the following elements:

a) documentation of the route(s) of exposure, and the circumstances under which the exposure incident occurred;

b) identification and documentation of the source individual, unless the District can establish that identification is infeasible or prohibited by state or local law:

(1) The source individual’s blood shall be tested as soon as feasible and after consent is obtained in order to determine HBV and HIV infectivity. If consent is not obtained, the District shall establish that legally required consent cannot be obtained. When the source individual’s consent is not required by law, the source individual’s blood, if available, shall be tested and the results documented.

(2) When the source individual is already known to be infected with HBV or HIV, testing for the source individual’s known HBV or HIV status need not be repeated.

(3) Results of the source individual’s testing shall be made available to the exposed employee, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual.

c) collection and testing blood for HBV and HIV serological status;

(1) The exposed employee's blood shall be collected and tested as soon as feasible after consent is obtained.

(2) If the employee consents to baseline blood collection but does not give consent at that time for HIV serologic testing, the sample shall be preserved for at least 90 days. If within 90 days the employee elects to have the baseline sample tested, such testing shall be done as soon as is feasible.

d) post exposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service;

e) counseling; and

f) evaluation of reported illnesses.

7.   The District shall ensure that the healthcare professional responsible for the employee’s Hepatitis B vaccination is provided a copy of this regulation. The District shall ensure that the healthcare professional evaluating an employee after an exposure incident is provided the following information:

a) a copy of this regulation;

b) a description of the exposed employee’s duties as they relate to the exposure incident;

c) documentation of the route(s) of exposure and circumstances under which exposure occurred;

d) results of the source individual’s blood testing, if available; and

e) all medical records relevant to the appropriate treatment of the employee including vaccination status which are the District’s responsibility to maintain.

8.   The District shall obtain and provide the employee with a copy of the evaluating healthcare professional’s written opinion within 15 days of the completion of the evaluation.

9.   Medical records required by this standard shall be maintained by the District (see Recordkeeping below).

Communication of Hazards to Employees

1.   Warning labels shall be affixed to containers of regulated waste and other containers used to store, transport or ship potentially infectious materials.

2.   The District shall ensure that all employees with occupational exposure participate in a training program which must be provided at no cost the employee and during working hours. Annual training for all employees shall be provided within one year of their previous training.

Recordkeeping

1.      Medical Records. The District shall establish and maintain an accurate record for each employee with occupational exposure

This record shall include:

a) the name and social security number of the employee;

b) a copy of the employee’s hepatitis B vaccination status including the dates of all the hepatitis B vaccinations and any medical records relative to the employee's ability to receive vaccination;

c) a copy of all results of examinations, medical testing, and follow up procedures;

d) a copy of the healthcare professional’s written opinion; and

 e) a copy of the information provided to the healthcare professional.The District shall ensure that employee medical records are kept confidential and are not disclosed or reported without the employee’s express written consent to any person except as required by applicable law or regulation.

2.   Training Records. Training records shall include the following information:

a) the dates of the training sessions;

b) the contents or a summary of the training sessions;

c) the names and qualifications of persons conducting the training; and

d) the names and job titles of all persons attending the training sessions.

Training records shall be maintained for 3 years from the date on which the training occurred.

All school personnel should be aware of the potential risk of infection caused by the exposure to body fluids (i.e., blood, vomitus, urine, feces, saliva, and nasal discharges). The body fluids of infected individuals can be the source of transmission of diseases such as hepatitis B, AIDS, salmonella, mononucleosis, common cold, and influenza, and these individuals are capable of spreading infection even though they have no symptoms of illness. The risk of transmission of disease can be greatly reduced by adhering to routine procedures for handling body fluids.

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

1. General

a) Avoid eye contact with body fluids.

b) Encourage students and staff to clean their own injury or secretions.

c) Use a protective barrier (e.g., disposable gloves, paper towels, gauze, tissue) before making contact with body fluids during care, treatment, and cleaning procedures.

d) Use disposable items to handle body fluids.

e) Dispose of all contaminated materials in plastic lined containers.

f) Plastic bags should be disposed of daily and new liners placed in trash containers.

2. Handwashing

a) Frequent handwashing should be encouraged.

b) Use soap and running water for 10 seconds or more to work up a lather.

c) Scrub hands completely and rinse under warm running water.

d) Use paper towels to turn off faucet.

e) Dry hands with paper towels and discard in trash container.

f) Wash hands immediately if direct contact is made with body fluids.

g) Wash hands after gloves or protective barrier is discarded.

3. Disinfectants

a) Hypochlorite solution (bleach) of one part bleach to ten parts of water.

b) Ethyl or isopropyl alcohol (70%).

4. Cleaning Hard Surfaces

a) Tables, desks, chairs

(1) Remove soil from surface with disposable materials. Wear disposable gloves.

(2) Dispose of contaminated materials properly.

(3) Apply disinfectant and rinse if so directed.

(4) Allow to air dry.

(5) Remove and discard gloves and wash hands.

b) Floors

(1) Remove soil from surface with disposable materials. Wear disposable gloves.

(2) Dispose of contaminated materials properly.

(3) Use a two bucket system - one bucket to wash the soiled surface and one bucket to rinse.

(4) Soak mop in disinfectant.

(5) Rinse non-disposable cleaning equipment in disinfectant.

(6) Dispose of disinfectant solution down a drain pipe.

(7) Remove and discard gloves and wash hands.

5. Cleaning Nonwashable Surfaces (rugs, upholstery)

a) Apply sanitary absorbing agent, let dry, vacuum.

b) Remove solid wastes and dispose of properly.

c) Apply rug/upholstery shampoo.

d) Rinse non-disposable cleaning equipment in disinfectant.

e) Allow to air dry.

f) Wash hands.

6. Cleaning Contaminated Washable Materials (towels, clothing, etc.)

a) Rinse item under running water, using gloves.

b) Place item in plastic bag until item is washed.

c) Wipe sink with paper towels and discard towels.

d) Wash hands.

e) Wash soiled items separately, washing and drying as usual.

f) Discard plastic bag.

g) Wash hands.

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

Under state law, Building Principals are permitted to petition the state Supreme Court for extreme risk protection orders for students currently enrolled in their building, or for students who were enrolled in their building in the six (6) months immediately before filing the petition (referred to in this policy as “currently-enrolled” and “recently-enrolled” students, respectively).

When District staff members have reason to believe, either personally or through information received by others, that a currently-enrolled or recently-enrolled student is likely to engage in conduct that would result in serious physical harm to themself or to others, they are encouraged to report their concerns to the Building Principal or designee. This is in keeping with employees’ general responsibility for student safety, as well as their own interests for maintaining a safe working and learning environment.

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

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

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

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

1. Threats or acts of violence or physical force made against themself or another person;
2. Violating or allegedly violating orders of protection (i.e., restraining orders);
3. Pending criminal convictions or charges involving weapons;
4. Recklessly using, displaying, or brandishing a firearm, rifle or shotgun;
5. Violating previous extreme risk protection orders;
6. Evidence of recent or current drug or alcohol abuse; and
7. Evidence that the student has recently acquired a firearm, rifle, shotgun, other deadly weapon (including but not limited to knives, clubs, and metal knuckles), dangerous instrument (including items capable of causing death or serious physical injury, when used for that purpose), or ammunition.

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

In consultation with the Superintendent and school district attorney, the Building Principal may designate, in writing, certain other employees at that school to petition the court for the extreme risk protection order. Such employees include: teachers, school guidance counselors, school psychologists, school social workers, school nurses, any other personnel required to hold a teaching or administrative license or certificate, and certain coaches (those who are full- or part-time paid employees required to hold either a temporary coaching license or professional coaching certificate).

Under Education Law section 3023, the District must defend and indemnify employees against lawsuits for negligence, accidental bodily injury or property damage where the employee is performing their duties within the scope of employment.

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

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

Each school will maintain a normal full-day schedule unless adverse weather conditions, national emergency or other hazard (e.g., fire, flood, loss of heat, riot, etc.) occasion an unscheduled closing. 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 or delayed opening announcements are provided via the telephone outreach system and through media announcements, ordinarily made prior to 6 am.  Please refer to the District calendar for a listing of media outlets.

In making the decision to close schools, the Superintendent may consider many factors, including but not limited to the following, which relate to the safety and health of children:

1.   Weather conditions, both existing and predicted;

2.   Driving, traffic, and parking conditions affecting public and private transportation facilities;

3.   Actual occurrence or imminent possibility of any emergency condition that would make the operation of schools difficult or dangerous; and

4.   Inability of teaching personnel to report for duty, which might result in inadequate supervision of students.

Among the other factors the Superintendent may consider are advice from traffic and weather authorities, Building Principals, and school officials.

Students, parents, and staff will be informed in the District calendar of the procedures that will be used to notify them in case of emergency closing.

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

Consistent with federal and state law and regulations, the following items will be included in the district’s buildings and grounds maintenance and inspection procedures:

I.          Comprehensive Maintenance Plan

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

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

II.       Building Condition Surveys 

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

III.    Fire Safety Inspections

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

IV.    Safety Rating System

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

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

I,                                                                      , request permission to remove from the Manhasset Public Schools the technology equipment indicated below for the period of time specified (not more than 14 days inclusive of weekends) for purposes directly relating to school work.

In order for the Technology Department to better meet your needs, we ask that you complete and sign this form. 

I agree to safeguard the equipment at all times while in my possession.  Under no circumstances shall I permit anyone else, adult or child to borrow or use the equipment. I further agree to inform the Technology Office immediately if the equipment is lost, damaged or stolen.  At that time I shall also make all necessary arrangements with school officials and local civil authorities to trace and secure the equipment and/or to expedite its immediate repair if damaged or inoperative.  I agree to pay all costs for repair of or service to damaged or non-functioning equipment under my custody that is not attributable to "fair wear and tear."  All computer and/or related equipment must be returned in good working condition to its proper school location.

If you have any questions, please call the Tech Office 267-7533.

I have been issued the above items for my professional use by the Manhasset School District.

___________________________                                          _________________________

Name (please print)                                                                             Position

______________________________________                   _______________

                  Signature                                                                         Date

________________________________________________                        

Signature of Director of Instructional Technology & Libraries

I, ________________________________________, agree to the terms listed below as

               (Student Name - Please Print )

requirements for the short-term loan of ________________________ from the Manhasset School District.

_______________________________                             ________________________

           Parent Signature                                                                      Date

Name and Signature of School Official:

______________ __________________                   ___________________________

                  (Please Print)                                                            (Signature)

Terms of Loan

1.      The loan of this equipment is intended solely for use by me for my school-related work.

2.      The term of this loan is not to exceed the last week of the current school year.  If needed, equipment will be reassigned in the following fall.

3.      I agree to be financially responsible for any loss or damage which is not mentioned at the bottom of this form at the time of the loan.  Furthermore, I agree to be responsible for the loss of or damage to hardware, software, carrying case, peripherals or other materials borrowed from the school and listed below.

4.      Security deposit of $100 (check or money order):    ___ Attached             ___Waived

5.   I have been instructed in the care and use of this computer: ______________                 

              (Student Initials above)

  ___________________________                            ____________________________

   Serial No. of Unit Borrowed                                               Signature of Student

____________________________                            _____________________________

 Manhasset Barcode                                                                Date

Item borrowed               _________________________________________________                  

Yo, _______________________________________________________, estoy de acuerdo con los

         (nombre del alumno)  (escribe por mano)

requisitos para el préstamo de corto-plazo de ______________________ de las Escuelas de

Manhasset.

__________________________________                __________________________________

            Firma del padre/guardián                                                                    Fecha

_________________________________________     _________________________________

               Dirección                                                                                          Teléfono

Nombre y firma del administrador de la escuela: 

__________________________________________                                    ________________________                        (Signature)

Términos del préstamo:

1.      El préstamo de este equipo sólo y exclusívamente para mi uso con los trabajos de la escuela.

2.      El tiempo de este préstamo dura hasta la última semana del fin del año escolar. Si es necesario, el préstamo será reasignado en el otoño.

3.      Tengo cualquier responsabilidad financiera por cualquiera pérdida y/o daño, Además, Soy responsable por la pérdida o daños a las piezas, programa, forro portátil o cualquier otra cosa que la escuela me haya prestado y que está mencionado aquí en este contrato.

4.      Un depósito de $100 (cheque o giro postal). ____  Adjunto ____ Depósito prescindido

5.      Me han dado instrucciones para el mantenimiento y uso de esta computadora. ____________

                                                                                                                              (iniciales del alumno)

_______________________________                          ________________________________

Número de serie                                                                        Firma del alumno

___________________________________                 ________________________________

Código de barras de Manhasset                                              Fecha

Artículo prestado (indique aquí)____________________________

Fecha de entrega _________________

Describa daño que tuvo el equipo durante el préstamo:

Student/Parent Information 

Student Name:   _____________________________________________________________________________________                                                                                 Last                                          First                                         Student ID#

Parent/Guardian Name:  _______________________________________________________________                    

                                                                                Last                                          First                        

In this Agreement, “you” and “your” means the parent/guardian and the student enrolled in the Manhasset Union Free School District (MUFSD). The “equipment” is a Chromebook and power cord/charger. 

 Acceptance of Terms

By signing this form, you confirm that you understand the information in this Agreement. You also confirm that you have read, understand, and accept the terms of MUFSD Technology Resources and Data Management Policy #8630 and the Acceptable Use – Technology Regulation #4526 R.

 ________________________________________________________________________             

Parent/Guardian Signature                                                                                   Date

________________________________________________________________________

Student Signature                                                                          Date

1.   to provide efficient, effective and safe service;

2.   to ensure that all students whose disability or distance from school requires them to receive necessary transportation do, in fact, receive it;

3.   to adapt the system to the demands of the instructional program;

4.   to maintain transportation vehicles in the best possible condition;

5.   to review at least once a year school bus schedules and routing plans to ensure that maximum efficiency and safety are maintained; and

6.   to review at least once a year the eligibility for transportation of students residing in the District, to ensure that all entitled to the services receive them.

1.    Limitations

Authorized bus stops will be located at places where students may embark and disembark the buses, and await the arrival of buses with the utmost safety allowed by road conditions. 

2.    Fixed Stops

Fixed bus stops will be established using the following guidelines:

a) generally, dead-end and loop streets will not be serviced by school buses. Whenever possible, stops will be at the intersections of two streets;

b) numbers of students at bus stops will be varied according to the concentration of riders in an area, the degree of traffic, the presence of stop signs, speed limits, and bus turn-around requirements;

c) walking distances to pickup points may be varied according to grade level;

d) grade levels 1-3 will not be required to walk distances in excess of 1/2 mile, grades 4-6 will not be required to walk distances in excess of 3/4 mile and grades 7-12 will not be required to walk distances in excess of one mile;

e) kindergarten children will be picked up in the morning and dropped off on “extended days” at corner bus stops. On the days that kindergarten students are released at 11:30 a.m. or noon, they will be dropped off at their homes provided they do not live on a dead-end street; and

f) an effort will be made to minimize crossing of the road by students.

3.    Side Roads

Transportation will be provided on side roads that are maintained by town, village, or county highway departments unless the lack of maintenance makes it unreasonably hazardous for drivers and students to traverse these roads, or the road is too narrow to allow the safe passage of a school bus. Examples of unreasonably hazardous conditions are flooding, road erosion, ice, snow and mud.

4.    Private Roads

Transportation will not be provided on highways that have not been dedicated and/or maintained by town, county, and/or state highway departments.

5.    Turnarounds

Turnarounds will not be established unless adequate space is available and this space is properly maintained and where the school bus is not required to back-up.

6.    District Map.

Maps and computer bus routing will be used to determine the transportation requirements necessary to satisfy the needs established by state law, Board policy, and voter mandate.

The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees especially those in safety-sensitive positions.  To ensure the safety of its students and to comply with federal regulations, any company contracting with the District to provide transportation to District students is responsible for conducting alcohol and drug testing required under federal law and regulations.

Allowing vehicles to idle (i.e., stopped with the engine running) produces unnecessary exhaust gas which contains harmful chemicals and pollutants. In addition to negatively impacting the environment, these substances can cause cancer and other health problems, especially in children. Idling vehicles is not necessary to properly run or maintain vehicles and in fact increases engine wear and wastes fuel.

Recognizing these factors and in accordance with state law, the Board of Education adopted a Resolution on December 4, 2008 adopting the New York State Education Department Regulation on Bus Idling.

Drivers of all vehicles on any school campus shall take steps to reduce the idling of vehicles on school property. This applies to school buses and other school vehicles, as well as any passenger vehicles.

1. Overview

   
   

   Anyone operating any bus or any motor vehicle on any school campus must turn off the engine in the following instances:

    

1. While waiting for passengers to load and unload on school grounds;

2. When the vehicle is parked or standing on school grounds, or in front of or adjacent to any school; or

3. During sporting and other school events.

    

   However, idling may be permitted under the following conditions:

    

1. When necessary to maintain an appropriate temperature for passenger comfort (if auxiliary heaters are not available);

2. When necessary for mechanical work, or to keep the windshield clear of ice; or

3. When necessary during emergencies to operate a wheelchair lift.

    

   The District shall provide notice of these requirements to all school personnel within 5 school days after the start of the school year, or within 5 school days of beginning employment in the district.

II.  Recommended Practices 

When operating any vehicle, drivers are encouraged to allow adequate space between their vehicle and any motor vehicle in front of them. This will reduce the effect of exhaust emissions of the front vehicle on the air quality inside the adjacent vehicle. 

ALCOHOL AND DRUG TESTING FOR BUS DRIVERS REGULATION

1.0              Purpose

The U. S. Department of Transportation (hereinafter referred to as the “DOT”) has issued regulations (49 CFR parts 40, 382, 391, 392, and 395) (hereinafter referred to as the “Regulations”) pursuant to the Omnibus Transportation Employee Testing Act of 1991 (P.L. 102-143) (hereinafter referred to as the “Omnibus Act”) which govern the use of drugs and alcohol by commercial motor vehicle drivers, and which require the Manhasset Union Free School District (hereinafter referred to as the “District”) to conduct mandatory drug and alcohol testing of covered drivers at the times and under the conditions described in this Administrative Regulation. The Regulations require testing to begin on January 1, 1996. The purpose of this Administrative Regulation is to comply with these requirements and to implement Board of Education Policy 8414.5 adopted December 7, 1995.

2.0 Applicability

2.1 Under the District’s Policy, drug and alcohol testing will be conducted on any current and/or prospective “driver” who may be required to operate a “commercial motor vehicle” (as these terms are defined in this Administrative regulation). The District will also obtain assurance once every six months from its independent contractors that provide covered drivers for District work, that such drivers are participating in an alcohol and drug testing program consistent with the Regulations.

2.2 All applicants for positions with the District as a driver of a commercial motor vehicle (regardless of whether they are new applicants or transfers) will be notified of the District’s drug and alcohol use and testing policy at the time they apply for a covered driver position with the District and that any offer of employment as such a driver will be conditioned on compliance therewith.

3.0 Definitions

3.1 Accident

means any occurrence involving a commercial motor vehicle operating on a public road which results in:

a) a fatality; or

b) the driver being cited for a moving traffic violation, and (1) a person is injured because of the accident and the injuries require immediate medical treatment of the person away from the accident scene; or (2) one or more motor vehicles involved in the accident incurred disabling damage and must be transported away from the accident scene by a tow truck or another vehicle

.

3.2 Alcohol

means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

3.3 Alcohol concentration (or content)

means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under the District’s Policy and Administrative regulation as described herein.

3.4 Alcohol use

means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.

3.5 Commercial motor vehicle

means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle:

a) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or

b) has a gross vehicle weight rating of 26,000 or more pounds; or

c) is designed to transport 16 or more passengers, including the driver; or

d) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).

3.6 Confirmation test for alcohol testing

means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry [GC/MS] is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine).

3.7 Controlled Substance means:

a) any substance listed on Schedule I of Appendix D to Subchapter B of Title 49 of the Code of Federal Regulations or other substance identified in Schedule I;

b) an amphetamine or any formulation thereof (including, but not limited to, “pep pills” and “bennies”);

c) a narcotic drug or any derivative thereof; or

d) any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.

3.8 DHHS.

The Department of Health and Human Services or any designee of the Secretary of the Department of Health and Human Services.

3.9 Driver

means any employee who operates a commercial motor vehicle. This includes, but is not limited to, full-time, regularly employed drivers and casual, intermittent or occasional drivers who operate a commercial motor vehicle at the direction of, or with the consent of, the District. For the purposes of pre-employment/pre-duty testing only, the term driver includes a person applying to the District to drive a commercial motor vehicle.

3.10 Medical Review officer (MRO).

A licensed physician responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his or her medical history and any other relevant bio-medical information.

3.11 On duty time

means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. On-duty time shall also include all time spent travelling to and participating in either a drug or alcohol test when it is pursuant to a random, reasonable suspicion, post-accident or follow-up test as directed by or on behalf of the District.

3.12 Performing a safety-sensitive function.

A driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.

3.13 Refuse to submit (to an alcohol or controlled substances test)

means that a driver:

a) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of the District’s Policy and Administrative Regulation;

b) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of the District’s Policy and Administrative Regulation; or

c) engages in conduct that clearly obstructs the testing process.

3.14 Safety-sensitive functions include:

a) all time at or on District property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the District;

b) all time inspecting equipment as required by 49CFR Sections 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;

c) all time spent driving a commercial motor vehicle;

d) all time, other than driving time, in or upon any commercial motor vehicle;

e) all time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle; and

f) all time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

3.15 Screening test (also knows as initial test).

In alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate “negative” urine specimens from further consideration.

3.16 Substance abuse professional (SAP)

means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge and/or clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

4.0 Prohibited Activities

4.1 The Regulations expressly prohibit drivers from:

a) reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while the driver has an alcohol concentration of 0.04 or greater;

b) possessing any amount of alcohol (including alcohol found in medications, food, or other alcohol-containing products) while on duty or operating a commercial motor vehicle, unless the alcohol is manifested and transported as part of a shipment;

c) using alcohol at any time while performing any safety-sensitive function;

d) using alcohol within four (4) hours prior to performing any safety-sensitive function;

e) using alcohol for eight (8) hours following an accident (as defined in this Administrative Regulation) or until he/she undergoes a post-accident alcohol test, whichever occurs first;

f) refusing to submit to an alcohol or controlled substances test (as defined in this Administrative Regulation);

g) reporting for duty, remaining on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substances, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle;

h) failing to inform the District that he/she is using any therapeutic drug; and

i) reporting for duty, remaining on duty or performing safety-sensitive functions when the driver tests positive for controlled substances.

4.2 No driver tested under this policy who is found to have an alcohol concentration of 0.02 or greater but less that 0.04 shall perform or continue to perform safety-sensitive functions for the District until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.

4.3 Drivers are also prohibited from failing to inform the District, consistent with existing District rules that may require such notification that the driver is using drugs either for medicinal purposes or otherwise.

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

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

5.0 Required Testing

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

a) before a driver-applicant is hired or an existing employee seeking to become a driver performs safety-sensitive functions (“pre-employment/pre-duty” testing) as described in 49CFR Section 382.301;

b) following certain accidents (post-accident testing) as described in 49CFR Section 382.303;

c) on a random basis as described in 49 CFR Section 382.305;

d) for reasonable suspicion as described in 49 CFR Section 382.307;

e) return-to-duty testing as described in 49 CFR Section 382.311 for individuals in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances.

The District recognizes that the DOT has suspended its requirement of pre-employment testing for alcohol. However if at some point in the future such testing should again be mandated, the District will comply with such mandate.

5.2 With respect to Section 5.1(i) above, any applicant for a covered driving position who refuses or fails to execute the acknowledgement that he/she has received and read the District’s Drug and Alcohol Testing Educational Material, who refuses or fails to submit to a pre-employment/pre-duty drug test as directed, or whose result is positive for such test, will not be considered eligible to work as a driver for the District. In addition, existing workers applying for driver positions may be subject to discipline, up to and including discharge, in a manner consistent with the District’s pre-existing policies, practices, and any applicable laws and the collective bargaining agreement.

6.0 Methods Of Testing

6.1 To ensure the integrity and accuracy of each test, all specimen collection, analysis, and laboratory procedures shall be conducted in accordance with DOT’s procedural protocols and safeguards, as set forth in Part 40 of Title 49 of the Code of Federal Regulations. This includes, among other things:

a) procedures to ensure the correct identity of each driver at the time of testing;

b) a chain-of-custody procedure to ensure that the driver’s specimen is not tampered with;

c) the use of a trained breath alcohol technicians (BAT) and DOT approved testing devices for conducting alcohol tests;

d) the use of a DHHS-certified laboratory;

e) the confirmation of an initial positive drug screen by a second analysis using gas chromatography/mass spectrometry (GCMS);

f) the confirmation of an initial positive alcohol screen by a second analysis;

g) the District’s appointment of a qualified Medical Review Officer (MRO) to review the drug test results before they are reported to the District’s designated representative.

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

7.0 Test Results

7.1 For Drug Tests

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

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

7.2 For Alcohol Tests

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

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

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

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

7.25 The District recognizes that the DOT has approved saliva testing initial screening procedures. The District thus reserves the right to utilize any testing procedures approved by the DOT.

8.0 Consequences For Engaging In Prohibited Activities

8.1 Except as provided in Section 5.2 of this Administrative Regulation involving pre-employment/pre-duty testing of applicants, any driver engaging in conduct prohibited by Section 4.1 of this Administrative Regulation shall be prohibited from performing any safety-sensitive functions. In addition, such drivers will be evaluated by a disinterested SAP, who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol and/or controlled substance use.

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

8.3 Except as provided in Section 5.2 of this Administrative Regulation involving pre-employment/pre-duty testing of applicants, any driver engaging in conduct prohibited by Section 4.1 of this Administrative Regulation will be subject to disciplinary action by the District, up to and including discharge, in a manner consistent with the District's pre-existing policies, practices, and any applicable laws and the collective bargaining agreement. In addition, a driver whose test result is confirmed positive will also be subject to civil and criminal penalties imposed by DOT.

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

9.0 District and MRO Communication

9.1 Drivers who are tested for drugs are required to contact the District daily while awaiting the results of their tests. Drivers are also required to advise the District of their whereabouts and the telephone number where they can be reached during this time.

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

10.0 Information On Drugs And Alcohol

10.1 Each driver will be provided with the District's Drug and Alcohol Testing Educational Material and information concerning:

a) the effects of drugs and alcohol on an individual's health, work, and personal life;

b) the signs and symptoms of a drug or alcohol problem; and

c) the available methods of intervention and treatment when a problem does exist.

10.2 All questions concerning the educational materials provided by the District, or about the District's Policy or Administrative Regulation, should be directed to appropriate person identified on the "Program Contacts" list which accompanies this Administrative Regulation.

11.0 Quality Assurance/Quality Control

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

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

12.0 Program Confidentiality

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

12.2 All individual test results will be considered confidential. The release of an individual driver's results will only be given in accordance with an individual driver's written authorization, or as is otherwise required by DOT's regulations, or by other applicable federal or state law.

12.3 National MRO, Inc. shall

a) maintain records of its alcohol misuse and controlled substances use prevention programs

b) prepare, maintain and report a summary of the results of its testing programs and

c) ensure that access to such records may only be obtained through the methods outlined in the Regulations, as provided in 49 CFR part 382, subpart D.

Program Contacts

The Board of Education recognizes that, in special circumstances, District employees may need to use private vehicles for school purposes. In particular, the Building Principal or designee may authorize the transportation of students in private vehicles for the following reasons:

1.    to transport a student or students to a hospital or other medical facility, in the event of a medical emergency; and/or

2.    to transport a student or students to District-sponsored events when regular District transportation is unavailable. 

Prior authorization may not be necessary in the event of an emergency. The District assumes no liability unless the employee has prior authorization for such transportation. Parental approval and permission must be obtained, in writing, in all circumstances when District employees will be transporting students to District sponsored events in their private vehicles, except in the event of an emergency.

District administrators will exercise caution in authorizing transportation of students in private vehicles, since the District potentially assumes liability for any accident claim which exceeds the driver’s automotive liability coverage. Any teacher or parent using a private vehicle to transport students on a regular basis must provide evidence of liability insurance, with the District named as an additional insured, in an amount deemed adequate by the Superintendent of Schools or the Assistant Superintendent for Business.

The Board of Education seeks to provide student access to nutritious meals each school day. However, the Board recognizes that on occasion, students may not have enough funds for a meal.

To ensure that students do not go hungry, the Board will allow students who do not have enough funds to “charge” the cost of meals to be paid back at a later date, subject to the terms in this policy.

To comply with State guidelines and maintain a system for accounting for charged meals, regarding both full and reduced-price meals, the District shall:

1. Allow only regular reimbursable meals to be charged, excluding extras, à la carte items, side dishes, additional meals, and snacks. The charging of extras, a la carte items and snacks is expressly prohibited. 

2. Use a computer-generated point of sale system, which identifies and records all meals as well as reflects repayments. 

Charged meals must be counted and claimed for reimbursement on the day that the student charged (received) the meal, not the day the charge is paid back. When charges are paid, these monies are not to be considered “à la carte” transactions, as a section on the daily cash report or deposit summary reads “charges paid.”

3. Students shall not be denied a reimbursable meal, even if they have accrued a negative balance from other cafeteria purchases, unless the parent/guardian has provided written permission to the school to withhold a meal. No student with unpaid charges will be prohibited from purchasing food if they have money that day. 

If the District school food authorities (SFAs) suspect that a student may be abusing this policy, written notice will be provided to the parent/guardian.

4. Students who cannot pay for a meal or who have unpaid meal debt shall not be publicly identified or stigmatized (including wristbands or hand stamps), required to do chores or work to pay for meals, or have meals thrown away after they have been served. District staff shall not discuss a student’s unpaid meal debt in front of other students. The District shall not take any action directed at a student to collect unpaid school meal fees. However, the District may discretely notify students of their account balances, and why certain items (e.g., à la carte, etc.) cannot be provided with charged meals.
5. Allow challenges to purchases for five (5) days from the date of purchase. The decision to remove a purchase from an account is in the District’s sole discretion. 

1. Student Account Balance Notification

            The District’s point of sale payment system allows parents to register online for electronic access to a student’s lunch record, to monitor purchases, to make scheduled or one-time payments, to receive low balance alerts and to provide for automatic replenishment when a balance reaches a certain amount set by the parent/guardian. The District encourages parents/guardians to utilize this option. 

            Parents/guardians regularly shall be discretely notified of student account balances. The District will discretely notify the parent/guardian of the low or negative account balance, and the process to refill the account, to fund future purchases, and to resubmit a Free & Reduced Meal application if their financial status has changed. This notification will continue regularly until the account is replenished. Parents/guardians must repay all unpaid charges remaining at the end of the year or before their child leaves the District, whichever occurs first.

            The District shall:

a.       Discretely notify parents/guardians of students with negative balances of at least five meals,

b.      Determine if the student is directly certified to be eligible for free meals,

c.       Attempt to reach the parent/guardian to assist them in the application process for free and/or reduced price meals, and

d.      Determine if there are other issues within the household causing the insufficient funds and offer appropriate assistance.  

If a parent/guardian regularly fails to provide meal money and does not qualify for free and/or reduced price meals, the District may take other actions as appropriate, including notifying the local department of social services if neglect is suspected.

The District shall notify all parents/guardians in writing on an annual basis at the start of the school year and to families transferring during the year, outlining the requirements of this policy. The policy shall also be published in appropriate school and District publications. All staff involved in implementing and enforcing this policy shall also be notified of these requirements and their responsibilities. The District’s enrollment process shall include the application process for free and reduced-price meals. If the District becomes aware that a student is so eligible, it shall file an application for the student. Staff responsible for assisting foster, homeless and migrant students shall coordinate with the food services staff to ensure such students receive free school meals.

2. Unpaid Meal Charges and Debt Collection 

            Unpaid meal charges are a financial burden to the District and taxpayers and can negatively affect the District’s meal program. Unpaid meal charges shall be considered “delinquent” as per the District’s accounting practices. The District shall attempt to recover unpaid meal charges before the end of the school year but may continue efforts into the next school year. The District shall notify parents/guardians of unpaid meal charges at regular intervals and may engage in collection activities by District staff only. The District may not engage “debt collectors” as defined in federal law (15 USC §1692a), and may not charge fees or interest on any delinquent unpaid balances. The District shall offer repayment plans, and may take other actions that do not result in harm or shame to the child, until unpaid charges are paid in full. 

3. Remaining Account Balances

At the end of each school year, the District sends parents/guardians notifications of positive and negative balances, which includes instructions on requesting a refund form. Positive balances will be moved between sibling accounts in order to offset any negative balances in other sibling accounts. Any remaining funds will be carried over to the next school year, and will move with each student as they move from grade to grade and within the District on to Middle School and High School. Parents/guardians may request that funds be refunded or transferred to other students (e.g., siblings, unpaid accounts). All such requests must be in writing. The balances of graduating or transferring students will be moved to a sibling. Parents/guardians of graduating or transferring students are responsible to pay negative balances, or to request a refund of a positive balance. Unclaimed funds remaining after three months shall be absorbed by the school meal account.

4. Staff

            Staff members may purchase food from the District’s food services. However, all purchases must be paid for at the point of sale using cash or a pre-funded point of sale account. Staff members are not allowed to charge meals to be repaid later.

            Building Principals, working with the Director of Food Services, shall ensure that all District and food service staff with responsibilities under this policy will be trained on the provisions of this policy and the requirements of Education Law section 908.

The Board of Education recognizes that the nutrition of District students is an important factor in their educational progress. Therefore, the Board shall participate in the federally funded National School Lunch Program at its elementary schools and shall offer an equivalent free and reduced breakfast and lunch program at its Secondary School, and shall provide free and reduced price meal services to qualified District students.

Availability, Application & Notification

To apply for the free and reduced price meal program:

a.       Each August preceding the upcoming school year, notice of the availability of the free and reduced price meal programs will be sent to the homes of students who received such meal services in the prior school year, reminding parents/guardians of the annual requirement to apply for free and reduced meal services. 

b.      In addition, during the first week of school each year, an Application for Free and Reduced Price Meals will be provided to each student in the District. Any child who is a member of a family unit whose income is below the federally established scale shall be eligible to receive such services.

c.       Application forms will be available in the main office of each school building and on the District web site, and can be completed and submitted at any time during the year.

d.      Completed application forms must be submitted to the Building Principal of the school which the student attends or directly to the District Office, Attention: Ms. Kristina Mennuti, 200 Memorial Place, Manhasset, NY 11030, prior to any determination of eligibility.

e.       The parent or guardian will be informed of the determination of eligibility within one week of receiving a properly completed application.

Applications will be kept confidential.

            Upon written request, the Deputy Superintendent for Business and Finance will hear appeals of determinations regarding such services in compliance with federal regulations governing the National School Lunch Program.

            The state provides information on eligible Medicaid recipients alongside the information on SNAP. Students in a household which is receiving Medicaid benefits, where the household income is at or below 133% of the federal poverty level for the family size, are eligible for direct certification for free and reduced price meal services.

            In order to reach students who are categorically eligible for free and reduced price meal services and to comply with state law, three times per school year Ms. Mennuti will review the list made available by the State Education Department of children ages three to 18 who are in households receiving federal food assistance and/or Medicaid benefits (for certain recipients) alongside the information on SNAP to identify students within the district. The District will send a notice to those families apprising them of their student’s eligibility to participate in the school meal programs without further application. Parents may decline participation by informing the District in writing. If the service is declined, the student will be removed from the eligibility list.

            The Board allows direct certification to participate in the District’s meal service programs to children other than those included in the paragraph above (who are required to be given that opportunity).  In accordance with federal regulations, foster, migrant, runaway, homeless and Head Start children can be “categorically” eligible for free meals (i.e., eligible by virtue of being designated in those status categories). 

            Therefore, children who have been identified by District personnel to be homeless, migrant or runaway, or in foster care can be directly certified to participate in the District free and reduced price meal program. 

            The Building Principal, in conjunction with the Food Service Director, will establish meal time procedures that both protect the anonymity of the student and allow for proper accounting.

The Board of Education recognizes that technology is a powerful and valuable education and research tool and is an important part of the instructional program. In addition, the District depends upon technology to administer and manage the District’s resources including, but not limited to, the compilation of data and recordkeeping for personnel and students, and for accounting and finance. It should be noted that for the purposes of this policy, that District technology resources include a myriad of devices, both physical and virtual, including but not limited to District servers, switches, access points, laptops, desktops, tablets, printers, scanners, and fax machines). The District further recognizes the need to ensure that the systems and databases of the District are adequately secured to protect such data from unauthorized access and use. The following policy outlines the Board’s expectations in regard to the District’s technology resources and the security of its systems.

The Manhasset School District (the “District”), in recognition of the risk of identity theft and unwarranted invasion of privacy, affirms its commitment to safeguarding student personally identifiable information (PII) in educational records from unauthorized access or disclosure in accordance with State and Federal law. The District establishes the following parental bill of rights:

Agreement dated as of (INSERT DATE) by and between the Manhasset Union Free School District (“District”) and _______________________  (“Contractor”).  

WHEREAS, the District has entered into a contract or other written agreement, as defined in Part 121 of the Commissioner’s Regulations, with Contractor for certain services or products, a copy of which is annexed hereto; and 

WHEREAS, Contractor is a third-party contractor as defined in Part 121 of the Commissioner’s Regulations, that will receive student data or teacher or principal data from the District pursuant to said contract or other written agreement for purposes of providing services to the District; and 

WHEREAS the parties agree that if any provision of this Agreement conflicts with a provision of said contract or other written agreement, the provision as set forth in this Agreement shall supersede and prevail over said other provision. 

NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements contained herein, and for other good and valuable consideration, including the above-referenced contract or other written agreement, the Contractor and the District hereby agree as follows: 

A.    The Contractor shall comply with all District policies and state, federal, and local laws, regulations, rules, and requirements related to the confidentiality of records and data security and privacy, including the District’s Parents’ Bill of Rights and Supplemental Information, annexed hereto and incorporated herein as Attachment “A”. 

B.     The Contractor may receive personally identifiable information from student records (“Education Records”) and/or personally identifiable information from annual professional performance reviews of classroom teachers or principals that is confidential and not subject to release pursuant to Education Law § 3012-c and 3012-d (collectively, “PII Data”). The Contractor shall, therefore, comply with the following provisions to maintain the security and confidentiality of personally identifiable information:  

                                  (i)        adopt technologies, safeguards and practices in alignment with the NIST Cybersecurity Framework.

                                 (ii)        comply with the school district’s data security and privacy policy.

                                (iii)        limit the Contractor’s internal access to Education Records to individuals with legitimate educational interests.

                               (iv)        use PII Data only for the purposes explicitly authorized by this Agreement and not for any other purpose.

                                (v)        not disclose any personally identifiable information from PII Data to any other party without prior written consent, unless disclosure is required by statute or court order and written notice is given to the District (notice is not required if it is expressly prohibited by a statute or court order).  

                               (vi)        maintain reasonable safeguards to maintain confidentiality of personally identifiable information in PII Data.

                              (vii)        use legally mandated encryption technology^[1] to protect data from unauthorized disclosure while the data is in motion or in the contractor’s custody; and

                            (viii)        not sell, use or disclose student, teacher or principal personally identifiable information for any marketing or commercial purpose.

C.     The Contractor represents and warrants that its contract or written agreement with the District includes the Contractor’s data security and privacy plan that is acceptable to the District, a copy of which is attached hereto and incorporated herein as Attachment “B”. The Contractor’s data security and privacy plan shall, at a minimum: 

                                  (i)        outline how the Contractor will implement State and federal data security and privacy contract requirements for the life of the contract and is consistent with the school district’s data security and privacy policy.

                                 (ii)        specify administrative, operational and technical safeguards the third-party contractor will use to protect personally identifiable information.

                                (iii)        show that it complies with requirements of §121.3(c) of the Commissioner’s Regulations.

                               (iv)        specify how the third-party contractor’s employees and any assignees with access to student data, or teacher or principal data receive or will receive training on relevant confidentiality laws, before receiving access to such data.

                                (v)        specify if the third-party contractor will use subcontractors and how it will ensure personally identifiable information is protected.

                               (vi)        specify an action plan for handling any breach or unauthorized disclosure of personally identifiable information and promptly notify the school district of any breach or unauthorized disclosure; and

                              (vii)        describe whether, how and when data will be returned, transitioned to a successor contractor, deleted or destroyed when the contract ends or is terminated.

D.    The Contractor must notify the District of any breach of security resulting in an unauthorized release of personally identifiable information from PII Data by the Contractor or the Contractor’s officers, employee’s, assignees or subcontractors. This notification must be made in the most expedient way possible and without delay. In addition, the Contractor must notify the District of the breach of security in writing. This written notification must be sent by the Contractor in the most expedient way possible and without unreasonable delay, and not later than seven (7) calendar days after discovery of the breach of security resulting in an unauthorized release of personally identifiable information from PII Data, to the designated District representative and either personally delivered or sent by nationally recognized overnight carrier to the District. In the case of an unauthorized release of personally identifiable information from PII Data by the Contractor or the Contractor’s officers, employees, assignees or subcontractors, the Contractor must reimburse the District for all the District’s costs associated with the District’s obligation to notify the State’s chief privacy officer, parents, students, teachers and/or principals of the unauthorized release. 

IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals as of the date and year first above written.

DISTRICT                                                               CONTRACTOR

By:     _____________________                  By: _________________________

Date: ____________________                      Date: _______________________

No copyrighted materials may be reproduced or copies in any form except in accordance with the following rules:

1.    Staff and students may make copies of material for personal reference and use.

2. Staff and students may make copies of material for distribution in class if:

a) the body of the material to be reproduced consists of:

a complete poem of fewer than 250 words; a single article, story or essay of fewer than 2500 words; an excerpt of up to 1000 words or 10% of a prose work, with a minimum ceiling of 500 words; or a single illustration from a book or periodical;

b) the reproduction is done at the inspiration of the teacher, decided close to the time of the use, and not at the direction of higher authority;

c) reproduction by either teacher or student does not exceed:

one complete work or two excerpts from the same author or three from one collective work or periodical, but no more than 9 different reproductions of material, other than from news periodicals or newspapers, per semester;

one short poem, article, story, essay, or two excerpts from the same author, or three from the same collective work or periodical volume during one class term;

one copy of each work per student;

d) the same work has not been reproduced by that teacher or student from any other class or during the preceding semester;

e) each reproduction bears a copyright notice, including the “c” or “r” symbol, year of publication and name of the copyright owner.

3. No copies may be made from workbooks or other consumable works, including standardized tests and test booklets.

4.

a) Staff may install proprietary computer software onto hard drives for normal use. The original diskette and any other back-up copies thereof will be stored. No other copies will be made or used except as authorized by the specific license agreement.

b) Non-proprietary software may be copied by staff and students as desired.

c) Students will not copy District-owned proprietary software from District computers, nor install or use personal software, proprietary or non-proprietary, on District computers.

5. Staff and students may make audio or video tapes of copyrighted material, including musical and dramatic works, only for classroom use, including evaluation and rehearsal, unless done in accordance with paragraph 6, below.

6.

a) Any other reproduction of copyrighted material will be made only after acquiring permission to do so from the copyright owner. This includes the creation of anthologies, collections and reviews for instructional use, and audio and videotapes for sale or other non-academic distribution.

b) The Superintendent may approve the payment of licensing fees and/or royalties on a case-by-case basis, out of funds budgeted.