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    Manhasset Public Schools


    8000 SUPPORT SERVICES GOALS

    Last Updated Date: 11/13/2017

    Revisions History: 11/13/2017, 06/19/1997

    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.

    Policy References


    8100 SAFETY PROGRAM

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 5450, 8100R

    The Board of Education recognizes that the safety of students, employees and the public is paramount in all school operations. All students, employees and the public are to comply with all safety laws or ordinances. Unsafe conditions observed by an employee are to be promptly reported to the administration and after a determination is made that the condition is in fact unsafe and it will be corrected. All employees are responsible for safety and are to file safety and health hazard reports with the District's Safety Committee whenever hazards on the job are encountered.
     
    The Board authorizes the Safety Committee to identify potential loss areas, select and implement safety and control programs to deal with potential problem areas and monitor the effectiveness of the selected programs.
     
    The Safety Committee is to meet periodically to review all safety and health hazard reports by employees, accident reports, workers' compensation claims, reports and recommendations of safety and health inspectors, and other matters the Coordinator of the Safety Committee places on the agenda. The Safety Committee is to investigate all federal and state-mandated employee safety and health training requirements and report its findings and recommendations to the Superintendent of Schools on a periodic basis.
     

    Policy References


    8100R SAFETY PROGRAM REGULATION

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

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

    1. the Assistant Superintendent for Business;
    2. the Director of Facilities;
    3. the Director of Transportation
    4. a building principal;
    5. a member of the teaching staff;
    6. a member of the support staff;
    7. a school nurse;
    8. a custodian; and
    The Assistant Superintendent for Business shall be the Coordinator of the Safety Committee. He/She shall be responsible for the management of the entire safety program of the District.
     
    The major functions of the position shall include but not be limited to: 
    1. the chairing of the Safety Committee;
    2. the review and revision of the District's safety policy;
    3. the selection of District employees to serve on the Safety Committee;
    4. the establishment of the agenda of the Safety Committee;
    5. the review of all accidents/incidents of loss;
    6. the review of safety engineering recommendations of insurers;
    7. the development of plans for safety (e.g. major loss plans); and
    8. the assumption of overall responsibility for safety in operations.
    The Director of Facilities will be the District's representative and he/she shall receive all complaints and accompany all state inspectors under the State Occupational Safety and Health Act, fire inspections under the Education Law and similar requirements.
     

    Policy References


    8110 BUILDINGS AND GROUNDS SAFETY REVIEW

    Last Updated Date: 03/31/2015

    Revisions History: 03/31/15, 07/01/1997

    Related Policies & Documents: 8110R, 7365, 8112, 8220

    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.

     
    I.  Board Responsibilities

    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.


     

    Policy References

    Education Law §§ 409-d (Comprehensive Public School Building Safety Program); 409-e (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring)

    8 NYCRR Part 155 (Educational Facilities)
    Education Law 807-a (New York State Uniform Fire Prevention and Building Code)

    Adopted: July 1, 1997 - formerly known as BUILDINGS AND GROUNDS INSPECTION


    8110R BUILDINGS AND GROUNDS SAFETY REVIEW REGULATION

    Last Updated Date: 03/31/2015

    Revisions History: 03/31/2015, 07/01/1997

     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.

     

    1.  This inspection is to be completed and the inspection report, together with completed New York State forms and any recommendations for changes or improvements, shall be delivered to the Superintendent no later than December 1st, filed with the school district authorities no later than December 16th of every school year, and filed with the Commissioner.


    2.  The Superintendent shall study the recommendations for changes and improvements contained in the inspection report, after which, in consultation with the Assistant Superintendent for Business, the Superintendent or the Director of Facilities shall prepare:

     

    1. a time schedule for the completion of recommendations requiring only labor and materials already at hand. These recommendations are to be implemented as soon as possible;

       

    2. an estimated cost of material, labor, and time to complete all recommendations that require the purchase of material and equipment; and

       

    3. in the event of deficiencies are found, the Superintendent will comply with the Education Law in noticing and correcting such deficiencies.

     


    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.

     
    4.  Within 20 days after the fire inspection report has been filed with school district authorities, the Board must give public notice of the filing of such report in substantially the form prescribed in the statute. The notice must be published at least once in the official newspaper, or, if there is no official newspaper, in one having general circulation in the School District.
     
    II.  Building Condition Survey

     

    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 15th 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

     

    Policy References

    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


    8111 REPORTING OF HAZARDS

    Last Updated Date: 07/02/1998

    Revisions History: 07/02/1998

    Related Policies & Documents: 1120, 8111R, 8120

    The Board of Education recognizes its responsibility to provide an environment which is reasonably secure from known hazards. The Board therefore directs the Superintendent of Schools and all professional and support staff members to comply with occupational safety and health regulations, including the Hazard Communication Standard and “Right-to-Know” legislation.
     
    The Superintendent will direct appropriate personnel to develop and oversee a written hazard communication program. Such program will include the following:
    1. the acquisition, maintenance and review of Material Safety Data Sheets (MSDS’s) for all known hazardous materials on District property;
    2. the compilation of a hazardous materials inventory and identification and labeling of containers as holding a hazardous material, including building materials containing asbestos;
    3. employee training in hazardous materials management and protection; and
    4. the recording of occupational injuries and illnesses, including those involving exposure to known hazardous materials. Records of employees who have been exposed to substances with enforceable exposure standards shall be kept for forty years.
    The District will comply with the requirements for the visual notification of pesticide spraying as set forth in the Environmental Conservation Law.
     
    It is the responsibility of the entire school community to report any unsafe building or equipment conditions to the main office as soon as possible. In addition, designated administrators will provide notice of hazardous materials to current and former employees within 72 hours of a request.
     

    Policy References

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

    12 NYCRR §801.3


    8111R REPORTING OF HAZARDS REGULATION

    Last Updated Date: 07/02/1998

    Revisions History: 07/02/1998

    The Hazard Communication Program is intended to address the issue of evaluating and communicating information about materials that pose a potential health and/or safety hazard to District employees. The following summarizes the responsibilities of those persons most directly involved with the successful implementation of this program.
     
    Safety and Health Coordinator

    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.

    Policy References


    8112 HEALTH AND SAFETY COMMITTEE

    Last Updated Date: 03/31/2015

    Revisions History: 03/31/2015

    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.

    Policy References

    8 NYCRR Part 155 (Educational Facilities)


    8115 PESTICIDES AND PEST MANAGEMENT

    Last Updated Date: 12/18/2017

    Revisions History: 07/01/1997, 12/18/2017

    Related Policies & Documents: 5450, 8110, 8111, 8130, 8220

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

     

    The Board recognizes that pests can pose a significant risk to health and property and that there may be significant risks inherent in using chemical pesticides in the school environment.  Generally, pesticides will not be used on District playgrounds, turf, athletic or playing fields, unless there is an emergency.  Emergencies will be handled in accordance with applicable law and regulation. 

     

    Provisions will be made for a least toxic approach to integrated pest management (IPM) for all school buildings and grounds in accordance with the Commissioner’s regulations. IPM is a systematic approach to managing pests focusing on long term prevention or suppression with minimal impact on human health, the environment and non-targeted organisms.

    Notification of Pesticide Application

     

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

     

    1.         Notification of periodic pesticide applications throughout school year.

    2.         The availability of 48-hour prior written notification of pesticide applications to parents and staff who request such notice.

    3.         Instructions on how to register with the school to receive this prior written notification.

    4.         The name and number of the school representative who can provide further information.

     

    A separate notice will be sent to staff and parents within two (2) days of the end of winter and spring recess and within ten (10) days of the end of the school year which includes the date, location and product used for each pesticide application which required prior notification and each emergency application.  

    The Superintendent of Schools shall ensure the dissemination of this policy and conduct any training necessary to ensure that all staff are fully informed about pesticides and pest management.

    Policy References

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


    8120 ACCIDENT PREVENTION AND SAFETY PROCEDURES

    Last Updated Date: 07/01/1997

    Revisions History: 07/01/1997

    Related Policies & Documents: 5450, 8111

    The Board of Education seeks to ensure the safety of students and employees of the District while on District property.
     
    The Board and Administrative staff, in cooperation with students and employees, will take reasonable measures to prevent accidents on the school premises, including the following: 

    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.

    Formal objective investigations of all accidents are to be conducted by the Building Principal and the results of the investigation are to be presented to the Superintendent in a written report.
     
    Eye Safety Devices
     
    Eye safety devices shall be provided for all students, instructors and visitors who are engaged in or observing the use of materials or equipment which may potentially damage the eyesight of those involved. Eye safety devices may include face shields, goggles, safety glasses, welding helmets, hoods or others. Such activities and materials are listed in Section 141.10 of the Commissioner's Regulations. The Board directs the Superintendent to establish regulations for education in eye safety and for the wearing of appropriate eye safety devices.
     
    Athletic Safety Equipment
     
    Athletic safety equipment shall be provided for all students for each sport included in the athletic program as is required by the applicable rule book that governs a particular sport.

    Policy References

    Education Law §§409; 409-a; 409-c; 3212-a
    Labor Law §§27; 27-a
    8 NYCRR §§141.10; 155.3


    8120.2 SAFE USE OF HAZARDOUS CHEMICALS

    Last Updated Date: 07/02/1998

    Revisions History: 07/02/1998

    It is the policy of the Board of Education to ensure that the District's educational chemistry laboratory activities protect and promote the health and safety of students, employees and the environment.
     
    To this end, the Board directs the Superintendent of Schools to develop regulations ensuring that all laboratories promote a safe and stimulating lear­ning environment. Such regulations shall at least meet the minimum standards re­quired by federal and state law.
     
    All participants in any laboratory activity that has the potential to be hazardous must wear an eye safety device and all schools must provide safe storage and protection of all chemicals and prepare annual inventory reports.
     
    The District shall implement a Chemical Hygiene Plan (CHP) to limit exposures to hazardous chemicals which meets the following standards required by the Occupational Safety and Health Administration (OSHA): 

    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.

    Policy References

    Occupational Safety and Health Standards, 29 CFR 1910.1450
    Education Law §§305(19); 409-a


    8121.1 OPIOID OVERDOSE PREVENTION

    Last Updated Date: 03/28/2019

    Revisions History: 03/28/2019, 03/10/2016

    Related Policies & Documents: 5300, 5440, 8121.1R, 8121.1E1, 8121.1E1A, 8121.1E2, 8121.1E3

    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, as of August 2015, New York State has issued a law encouraging and allowing school districts to keep Naloxone (NARCAN) on hand for emergency use. 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 shall 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 shall 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. 

    Policy References

    Education Law §§922 (volunteer naloxone responder); 6527 (emergency treatment of anaphylaxis and opioid overdose); 3023 (liability coverage); 6909 (administration of naloxone by nurses)
    Public Heath Law §3309 (volunteer naloxone responder)
    8 NYCRR §§ 64.7 (administration of naloxone); Part 136 (school health services program, including naloxone)
    10 NYCRR §80.138 (volunteer naloxone responder)
    Guidance for Implementing Opioid Overdose Prevention Measures in Schools, New York State Education Department, 8/11/15, www.schoolhealthservicesny.com/files/filesystem/guidance_on_opioid_overdose_prevention_in_the_schools_final.pdf
    Opioid Overdose Prevention: Guidelines for Policies and Procedures, New York State Department of Health, March 2014, www.health.ny.gov/diseases/aids/general/opioid_overdose_prevention/docs/policies_and_procedures.pdf


    8121.1R ADMINISTRATION OF OPIOID ANTAGONIST REGULATION

    Last Updated Date: 03/28/2019

    Revisions History: 03/28/2019, 03/10/2016, 01/23/1997

    Related Policies & Documents: 5300, 5440, 8121.1, 8121.1E1, 8121.1E1A, 8121.1E2, 8121.1E3

    As of August 2015, the New York State Department of Education has approved Public Health Laws 922 and 3309, allowing 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 Director of Health Services, Physical Education and Athletics shall 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 shall 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 shall maintain a log of naloxone supplies containing the following information: lot number, date of receipt, expiration date, and location. 

    Every administration of naloxone shall 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.

             

    A.   REQUIREMENTS

    School nurses shall 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.

    B.   PROTOCOLS – ESSENTIAL STEPS

    1.    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.

    2.    Activate School Emergency Response Protocol – Call 911, initiate CPR, AED.  If overdose is suspected, prepare to administer naloxone intranasal.

    3.    Assemble nasal atomizer - Pull or pry protective caps form both ends of needle-free syringe and the glass naloxone vial.

    4.    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.

    5.    If breathing, roll person on their side and monitor breathing (Recovery Position) until EMS arrives.

    6.    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 (2nd) dose of intranasal naloxone.

    7.    Continue to monitor and support individual. Provide CPR, rescue breathing as needed until EMS arrives.

    8.    Notify parent(s) and / or guardian(s).  Direct them to the ER where the patient is being transported.

    9.    Report administration of naloxone / document as necessary and required.

    10. Obtain a NARCAN replacement kit.

    C.    KEY POINTS and PRECAUTIONS

    1.    Naloxone only reverses opioid overdoses.

    2.    Effects last 45 minutes to 1½ hours.

    3.    Affected individual may awaken in combative state.

    4.    Naloxone is light and heat sensitive. Store in a cool, dry, protected location.

    D.   REPORTING

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

    Policy References

    Formerly Manhasset Regulation 5312.1-R


    8121.1E1 Standing Non-Patient Specific Order for RNs to Adminsiter Naloxone - Narcan

    Last Updated Date: 03/28/2019

    Revisions History: 03/28/2019

    Related Policies & Documents: 8121.1, 8121.1R, 8121.1E2, 8121.1E3

     How to Administer Nalaxone
     
     

    CLICK HERE to download PDF version

    Policy References


    8121.1E1A HOW TO USE NARCAN NASAL SPRAY FOR AN OPIOID OVERDOSE

    Last Updated Date: 03/28/2019

    Revisions History: 03/28/2019

    Related Policies & Documents: 8121.1, 8121.1R, 8121.1E1, 8121.1E2, 8121.1E3

    How to Use Narcan Chart

     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
    How to use Narcan page 2  
     
    CLICK HERE TO DOWNLOAD PDF VERSION 

    Policy References


    8121.1E2 NYS DoH Opioid Overdose Reporting Form

    Last Updated Date: 03/10/2016

    Revisions History: 03/10/2016

    Related Policies & Documents: 8121.1, 8121.1R, 8121.1E1, 8121.1E3

    Overdose Reporting Form
     
    CLICK HERE TO DOWNLOAD THE PDF FORM 
     

    Policy References


    8121.1E3 Opioid Overdose Prevention Nalaxone Inventory Log

    Last Updated Date: 03/28/2019

    Revisions History: 03/28/2019

    Related Policies & Documents: 8121.1, 8121.1R, 8121.1E1, 8121.1E1A, 8121.1E2

    Manhasset Public Schools
    200 Memorial Place – Manhasset, New York 11030
     
    Opioid Overdose Prevention Naloxone Inventory Log

    Directions:

    This log should be kept with the opioid overdose kit stored in the school health office. When a new Kit is received the information below should be recorded on this log. The designated personnel receiving the Kit will sign the record. Administration of naloxone or disposal of an expired naloxone vial, including lot number and time/date of use or disposal, will also be recorded in the log.

     

    Date Placed

    Location Placed

    Lot#

    Expiration Date

    Unit Used/ Disposed on Date

    Signature

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     


    This sample resource is located on the NYSSHSC website at www.schoolhealthservicesny.com 8/15 - Reaffirmed 3/28/19

     

    CLICK HERE to download  PDF version

    Policy References


    8122 ACCIDENT REPORTS

    Last Updated Date: 07/01/1997

    Revisions History: 07/01/1997

    All accidents occurring in a classroom, in a school building, on school property, or on buses, regardless of seriousness, must be reported to the school administration as promptly as possible.
     

    Policy References


    8123 INFECTION CONTROL

    Last Updated Date: 07/01/1997

    Revisions History: 07/01/1997

    Related Policies & Documents: 5191, 8123R

    The Board of Education recognizes the importance of providing a school environment that preserves and enhances the health, safety, and quality of life of all its students and staff. In compliance with appropriate federal, state, and local legislation, regulations, and guidelines, the administrative staff is authorized to provide instruction in personal safety and health education and to take whatever action is necessary to protect and improve the health and safety of all students and staff.
     
    In order to reduce the risk of exposure to communicable diseases, life-threatening conditions, or other health and safety hazards, the Superintendent of Schools shall implement a comprehensive infection control program. This program shall include, but not be limited to, the following principles of infection control:
    1. designation of a qualified individual to coordinate the infection control program;
    2. protection from exposure to pathogens through the adoption of "universal precautions";
    3. evaluation of working conditions and assessment of relative risks to exposure;
    4. development of standard operating procedures to reduce the risk of exposure to pathogens for all categories of employment;
    5. provision of education and inservicing for students and staff;
    6. documentation of training procedures;
    7. medical management for bodily fluid borne pathogens; and
    8. waste disposal.
    All employees of the School District shall use appropriate precautions when providing first aid or otherwise dealing with situations that involve exposure to blood and other body fluids. Such precautionary measures will be followed uniformly in all instances and shall be applicable in all buildings and facilities throughout the School District.
     
    First aid kits shall be available for all classroom teachers and offices through the Health Office. Supplies to refill the first aid kits shall be maintained in each Health Office and made available upon request. Cleaning supplies, including OSHA approved spill kits, shall be made available to all cleaners and shall be used to clean up body fluid spills.
     
    The Superintendent shall implement procedures and practices, including temporary or permanent exclusion from school activities, to safeguard the lives and health of students and staff. In the event this action requires the exclusion of a student from the regular instructional program, provision for alternative instruction will be provided.
     
    The Superintendent shall implement procedures and practices, including temporary or permanent exclusion from school activities, to safeguard the lives and health of students and staff. In the event this action requires the exclusion of a student from the regular instructional program, provision for alternative instruction will be provided.

    Policy References

    29 CFR 1910.1030


    8123.1 CONTAGIOUS DISEASES

    Last Updated Date: 07/02/1998

    Revisions History: 07/02/1998

    Related Policies & Documents: 5420, 8123.1R

    The Board of Education believes that effective precautions and work practice controls are the best methods for the containment of potentially infectious materials and provide employees, students and others in the school community with the best protection against such exposure to contagious diseases.
     
    Consistent with this belief and Federal regulation, the Superintendent of Schools or his/her designee shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure to blood or other potentially infectious materials.
     
    The Exposure Control Plan shall include:
    1. a list of job classifications in which occupational exposure to blood or other infectious materials occurs;
    2. the schedule and method of implementation required by federal Occupational Safety and Health Administration (OSHA) regulations;
    3. the procedure for the evaluation of circumstances surrounding exposure incidents, and the documentation thereof; and
    4. the Exposure Control Plan shall be accessible to employees.
    The Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary to reflect new or modified tasks and procedures which affect occupational exposure and to reflect new or revised employee positions with occupational exposure.
     

    Policy References

    29 CFR §1910.1030


    8123.1R CONTAGIOUS DISEASES REGULATION

    Last Updated Date: 07/02/1998

    Revisions History: 07/02/1998

    Related Policies & Documents: 5450

    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.

    Policy References


    8123R INFECTION CONTROL REGULATION

    Last Updated Date: 07/01/1997

    Revisions History: 07/01/1997

    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.

    Policy References

    29 CFR 1910.1030


    8130 EXTREME RISK PROTECTION ORDERS (THE “RED FLAG LAW”)

    Last Updated Date: 11/18/2020

    Revisions History: 11/18/2020

    Related Policies & Documents: 5300, 8130

    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.

    Policy References

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


    8130 EMERGENCY PLANNING

    Last Updated Date: 11/07/1996

    Revisions History: 11/07/1996

    The Board of Education directs the Superintendent of Schools to require each building principal and non-instructional supervisor to develop a school emergency management plan in compliance with the Commissioner of Education Regulation 155.13. The Plan shall provide for sheltering, evacuation, early dismissal, written notification to students and staff, and annual drill, and coordination with local and county emergency preparedness administrators. These several plans shall be submitted to the District's Emergency Planning Committee for approval and incorporation into overall District Emergency Management Plan.
     

    Policy References


    8132 FIRE DRILLS

    Last Updated Date: 07/01/1997

    Revisions History: 07/01/1997

    Related Policies & Documents: 5450, 8130

    The Board of Education and the Superintendent of Schools shall be responsible for conducting fire drills in order to instruct students and staff in exiting the school building in an emergency in the shortest time possible and without confusion and panic. Fire drills shall include instruction on fire drill exits and fire alarm boxes, as well as fire drill procedures. Such drills or rapid dismissals shall be held at least twelve times in each year, eight of which required drills shall be held before December first. Fire drills will be arranged by the Building Principal.
     
    At least one-third of all such required drills shall be through use of fire escapes on buildings where fire escapes are provided. At least two additional drills shall be held during summer school in buildings where summer school is conducted, and one such drill shall be held during the first week of summer school. At least one drill in each school will be held before 9:15 a.m. and at least one drill will be held after 2:15 p.m. At least one drill will be held during the regular school lunch hour and at least one drill will be held when students are in assemblies or similar large gatherings.
     
    Principals shall maintain a record of all fire drills conducted in his/her building. Principals will test fire alarm systems bi-monthly.
     
    Each school of the District shall maintain a detailed floorplan for exiting the building during fire drills and real fires. Such floorplan and a description of exits and routes to follow shall be available in each school building.
     

    Policy References

    Education Law §807


    8134 EMERGENCY CLOSINGS

    Last Updated Date: 11/21/2013

    Revisions History: 11/21/2013, 07/01/1997

    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.

    Policy References

    Education Law §3604(7)
    8 NYCRR 155.17


    8135 SAFE SCHOOLS

    Last Updated Date: 07/01/1997

    Revisions History: 07/01/1997

    Related Policies & Documents: 1520,5162, 8130,8212

    The Board of Education is committed to the prevention of violence against people or property in the schools or at school activities, whether by students, staff or others. While committed to the protection of each person's constitutional rights, including due process rights, the Board does not condone lawlessness.  Any individual committing violent acts in or on school property will be disciplined according to applicable Board policy and regulations.
     
    Staff members who implement this or any other Board policy will receive the full support of the Board and the administration.
     

    Policy References


    8200 BUILDINGS AND GROUNDS MANAGEMENT

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    The Director of School Facilities and Operations shall serve as chief of the maintenance division and serve under the supervision of the Assistant Superintendent for Business.  He/She shall have charge of all repairs, alterations and improvements to school buildings and grounds.  He/She shall also have immediate supervision over the work of the custodial and maintenance staff.
     
    Operation of Facilities
    The Superintendent is charged with the responsibility for administering plant operations in the most efficient and economical manner possible, while placing high priority on health and safety of students and conservation of natural resources.
     
    The Board of Education recognizes its responsibility to provide equipment, supplies and contractual services of high quality.
     
    Maintenance of Facilities
    The Board, through the Superintendent and designated District staff, shall protect the District's investment in plant and facilities through a systematic maintenance program. Such program shall include periodic preventive maintenance activities, long-range maintenance schedules and emergency repair procedures.  It is further expected that all maintenance work will be carried out in a manner that will cause minimal interference with the District educational program.

    Policy References


    8210 BUILDINGS AND GROUNDS SECURITY

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    The Board of Education shall make every effort to provide a safe and secure environment to all persons (staff, students, and/or visitors), who lawfully enter upon District property o8414r who travel lawfully in District vehicles.
     

    Policy References

    Education Law 2801


    8212 VANDALISM

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    The Board of Education believes that students and faculty should respect property and take pride in the schools of the District. The Board encourages all citizens, parents, students, and staff to cooperate in reporting any incidents of vandalism or theft of District property and the names of the persons believed to be responsible for such incidents, to the building principal.
     
    After repair or replacement of property, a bill for labor and materials shall be sent to the parent(s)/guardian(s) with a request for payment. The Board may determine that legal action against a vandal between the ages of ten and eighteen and/or his/her parents/guardian should be brought to recover costs for damages* caused by a willful, malicious or unlawful act of the child. The Board will direct the school attorney to institute and prosecute such suit. The Board will also determine whether to offer monetary rewards** for information leading to the arrest and conviction of vandals or thieves of District property. All information pertaining to the investigation will be forwarded to the school attorney and the District Attorney.
     

    Policy References

    Family Court Act §§757; 758-a

    General Obligations Law §3-112

    Education Law §§1604(35), (38); 1709(36),(38); General Municipal Law §789


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

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


    8220 BUILDINGS AND GROUNDS MAINTENANCE AND INSPECTION

    Last Updated Date: 03/31/2015

    Revisions History: 03/31/2015

    Related Policies & Documents: 6200, 7365, 8110, 8112, 8115

    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.

    Policy References

    29 CFR §1910 et seq (OSHA Hazard Communication)
    40 CFR Part 763 (Asbestos Hazard Emergency Response Act)
    Education Law §409-d (Comprehensive Public School Safety Program); §409-e (Uniform Code of Public School Buildings Inspections, Safety Rating and Monitoring); §807-a (Fire Inspections)
    Education Law §3641(4) (Building condition survey services)
    Labor Law §§875-883(toxic substances)
    Public Health Law §4800-4808 (Right to Know, toxic substances)
    Environmental Conservation Law §33-0725 (Pesticides)
    6 NYCRR Part 325 (Pesticides)
    8 NYCRR §155.1(Educational Facilities); 155.4 (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring); 155.8 (Fire and Building Safety Inspections)
    12 NYCRR Part 56 (Industrial Code Rule concerning asbestos)
    Guidelines for the Evaluation and Control of Lead-Based point Hazards in Housing, U.S. Department of Housing and Urban Development, Washington D.C., June 1995)
    IPM Workbook for New York State Schools, Cornell Cooperative Extension Community IPM Program with support from New York State Dept. of Environmental Conservation, August 1998


    8330 AUTHORIZED USE OF SCHOOL-OWNED MATERIALS AND EQUIPMENT

    Last Updated Date: 12/13/2018

    Revisions History: 12/13/2018, 03/20/1997

    Related Policies & Documents: 8330E1, 8330E2, 8330E3, 8330E4, 8330E5, 8630

    The Board of Education recognizes the need for certain staff members, students or community members to utilize portable devices or other equipment to effectively perform their duties. The Board of Education permits the authorized use of District-owned equipment (e.g., laptop computers, portable electronic devices, audio-visual equipment) by District Board members, officers, employees, as well as students or community members. The Superintendent of Schools or his / her designee is authorized to issue such equipment to District personnel, students or community.

     

    Users of District owned equipment should not have an expectation of privacy with regard to records or information contained on the District’s equipment (e.g., computer files, images, messages, records of phone calls, logs, applications or other information).

     

    All equipment shall be inventoried and the IT Department shall maintain records of all equipment loaned for use (e.g., date such equipment was loaned, to whom it was loaned, and the date of expected and actual return).  The list of all individuals possessing District-owned equipment and the level of service contract (if any) shall be maintained in the IT Department and shall be reviewed by the IT Department and reported to the Board annually in July.

     

    The District shall establish the level of service contract (if any) for each specific piece of equipment, which shall be determined by the Business Office and through the IT Department based on anticipated business usage.

     

    Annually, the Business Office shall evaluate the cost and effectiveness of the service contracts, and shall seek new quotes, bids or RFP’s as appropriate.

     

    Individuals authorized to use District-owned equipment shall agree in writing to accept financial responsibility for overages caused by personal usage and to reimburse the District for the cost of any such overages, where applicable. Failure to reimburse the District may result in revocation of the use of the equipment. District-owned cell equipment should not be used by anyone other than the individual to whom the equipment has been issued.

     

    Users must take proper care of the equipment and take all reasonable precautions against damage, loss or theft. Any damage, loss or theft must be reported immediately to the IT Department. Users are liable for damages or loss which occur during the period of its use.

     

    Equipment shall be returned to the IT Department at the end of the period of permitted use, as well as at the end of an employee’s service to the District or upon demand by the Superintendent or his / her designee.

     

    No item may be sold to or purchased by the user unless such equipment has been returned to the District for evaluation and, if necessary, disposed in accordance with District policy.

     

    The Superintendent, in consultation with the Assistant Superintendent for Business or the IT Department shall establish regulations governing the loan and use of District equipment. 

    1. The individual must have an instructional, extracurricular or other assignment that requires his or her use the equipment.
    2. The individual must be engaged in one or more projects requiring the use of such equipment.

    The individual must complete the Statement of Agreement for Loan of Computer / Related Equipment (Exhibit 8330-E) and must receive authorization from the Director of Instructional Technology.

     

    Policy References

    Fourth Amendment, U.S. Constitution
    Fourteenth Amendment, U.S. Constitution
    City of Ontario, California v. Quon 130 S. Ct. 2619 (2010)


    8330E1 STATEMENT OF AGREEMENT FOR LOAN OF COMPUTER or OTHER EQUIPMENT (STAFF)

    Last Updated Date: 12/13/2018

    Revisions History: 12/13/2018, 03/20/1997

    Related Policies & Documents: 8330

                STATEMENT OF AGREEMENT FOR LOAN OF COMPUTER

    or OTHER EQUIPMENT (STAFF)

     Date                                                   

     I,                                                                      , request permission to remove from the Manhasset Public Schools a computer or other equipment on temporary loan  to my residence only for the period of time specified below but not more than 365 days (inclusive of weekends) for purposes directly relating to my teaching or administrative assignment.                                               

    It is agreed that I shall safeguard this equipment at all times that it is on loan to me and shall secure it while at home in a locked closet, room or drawer, etc. when not in use.  Under no circumstances shall I permit anyone else, adult or child, to borrow or use the equipment when I am not operating it.  I further agree to inform my Building Principal and the computer specialist for my building 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."  I also agree to be responsible for any applicable overage service charges. All computer and/or related equipment must be returned in good working condition to its proper school location.

    Date _____________________________ Name _____________________________

    Signature ____________________________________________________________

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    OFFICE USE ONLY

    ___________________________________ has been given permission to remove from the school for professional use and on temporary loan computer #                       which is located in Room/Lab          for the following period of time                    and has agreed to the conditions stated above. 

    Principal                                                                                              

    School                                                                                                  

    Director of Technology ___________________________________

    Policy References


    8330E2 STATEMENT OF AGREEMENT FOR SHORT TERM LOAN OF COMPUTER OR RELATED TECHNOLOGY EQUIPMENT

    Last Updated Date: 12/13/2018

    Revisions History: 12/13/2018

    Related Policies & Documents: 8330

    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.

    Description

    Make

    Model

    Manhasset Barcode

    Anticipated Return

    Date Returned

    Laptop/Chromebook

     

     

     

     

     

    Projector

     

     

     

     

     

    Camera

     

     

     

     

     

    Other

     

     

     

     

     

     

    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

    Policy References


    8330E3 IEP or FINANCIAL NEED-BASED SECURITY AGREEMENT FOR LOAN OF INSTRUCTIONAL TECHNOLOGY EQUIPMENT

    Last Updated Date: 12/13/2018

    Revisions History: 12/13/2018

    Related Policies & Documents: 8330

    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               _________________________________________________                  

    Date returned  _______________________________________________________                                             

    List any damage at time of loan:

    Policy References


    8330E4 BASADO EN NECESIDAD FINANCIERA CONTRATO DE SEGURIDAD PARA EL PRÉSTAMO DE COMPUTADORA Y EQUIPO

    Last Updated Date: 12/13/2018

    Revisions History: 12/13/18

    Related Policies & Documents: 8330

    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:

    Policy References


    8330E5 STUDENT/PARENT LAPTOP AGREEMENT

    Last Updated Date: 12/13/2018

    Revisions History: 12/13/2018

    Related Policies & Documents: 8330

    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. 

    Terms:

    You will be issued an MUFSD Chromebook and power cord/charger.

    You will comply with the MUFSD Technology Resources and Data Management Policy #8630 and  the Acceptable Use – Technology Regulation #4526 R.

    Title:

    Legal title to the equipment belongs to the MUFSD and shall at all times remain with the MUFSD. Your right to possess and use the equipment is limited to and conditioned upon your full compliance with this Agreement.

    Your possession of the equipment terminates on the collection date set by the MUFSD unless terminated earlier by the MUFSD or upon withdrawal from the MUFSD.

    Lost, Stolen, or Damaged Equipment:

    You must report any lost, stolen, or damaged equipment to the MUFSD immediately.  For stolen equipment, you must also file a police report. Q: HOW?

    If the equipment is lost or damaged, either intentionally or due to negligence, the student may be subject to discipline and you may be responsible for the cost of repair or replacement.

    Sanctions for Violations

    Any activity that violates Technology Resources and Data Management Policy #8630 or the Acceptable Use – Technology Regulation #4526 R should be reported to a school administrator. Disciplinary action, if any, for the students and other users shall be consistent with the MUFSD’s standard policies and procedures. Violations of the policies can constitute cause for revocation of access privileges, suspension of access to MUFSD computer resources, other school disciplinary action, and/or other appropriate legal or criminal action including restitution, if appropriate.

     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

    Policy References


    8410 STUDENT TRANSPORTATION

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 8413

    The Board of Education affirms its goal of providing a safe and economical transportation system for District students. Transportation shall be provided at District expense to those students who are eligible as authorized by the Board.
     
    The major objectives in the management of the student transportation program shall include the following: 

    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.

    Reasonable minimum riding limits shall be established by the Board of Education.
     
    Exceptions to the established riding limits may be made only in the case of a temporarily or permanently physically disabled child for whom a physician has requested transportation after approval by the CSE or the Director of Special Services.
     
    The Superintendent of Schools shall be responsible for administering the transportation program. The program shall comply with all applicable laws, regulations and policies established by federal, state and local authorities.
     

    Policy References

    Education Law §§305(14); 1501-b; 1807; 3602(7); 3623; 3635 et seq.
    Matter of Handicapped Child, 24 EDR 41
    Matter of Nowak, 22 EDR 91
    Matter of Fox, 19 EDR 439


    8411 SCHOOL BUS SCHEDULING AND ROUTING

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 8411R

    The Director of Transportation, under the direction of the Superintendent of Schools, shall establish bus routes.  Authorized bus stops shall be located at convenient intervals in places where students may embark and disembark the buses, and await the arrival of buses in the utmost safety allowed by road conditions.
     

    Policy References


    8411R SCHOOL BUS SCHEDULING AND ROUTING REGULATION

    Last Updated Date: 12/04/1997

    Revisions History: 12/04/1997, 10/9/1997, 06/19/1997

    Bus routes will be established under the direction of the Superintendent of Schools in cooperation with the Director of Transportation. 

    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.

    Policy References


    8412 LATE BUS TRANSPORTATION, PUBLIC AND NON-PUBLIC STUDENTS

    Last Updated Date: 09/04/2008

    Revisions History: 09/04/2008

    The Board will provide late bus transportation to resident students who engage in after-school programs at their school, when there are at least five (5) students utilizing such transportation service or when such service can be provided at no additional cost.
     
    For students attending non-public schools, late bus transportation must be requested on the annual Application for Transportation to a Non-Public School, due no later than April 1st preceding the beginning of the next school year.
     
    Decisions regarding the provision of late bus service will be made each school year based upon the enrollment at each school and the number of students who will utilize late bus service.
     
    In the event that late bus ridership falls below the minimum of five (5) students for ten (10) consecutive days, the run may be cancelled at the discretion of the District, no sooner than 10 days following written parental notification.
     

    Policy References


    8413 TRANSPORTATION FOR NONPUBLIC SCHOOL STUDENTS

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Transportation requests for students attending nonpublic schools should be received by the District no later than the April 1st preceding the beginning of the next school year. If a student moves into the District later than April 1st, the request should be received within thirty days of establishing residence in the District.
     
    All late requests, however, shall be considered by the Board of Education on the basis of each case's merits. Criteria used by the Board in judging whether to accept a late request may include but not be limited to the following:
    1. whether transportation will require an additional cost, and, if so,
    2. the reasonableness and/or educational validity of the excuse for the late request.
     

    Policy References

    Education Law §3635

    Appeal of Boyle, 31 EDR 208 (1991)

    Matter of Ward, 29 EDR 153 (1989)

    Matter of Alletto, 25 EDR 14 (1985)


    8414 SCHOOL BUS SAFETY

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 5450, 8120, 8414R, 8416

    The Superintendent of Schools, Building Principals, and Director of Transportation shall cooperate with governmental agencies on matters of safety.  The Director of Transportation shall establish and check loading and unloading procedures at each school and student conduct on buses.  The Superintendent or his/her designee shall arrange for a minimum of three bus drills on each school bus during the school year, with the first occurring during the first week of school, the second between November 1 and December 31, and the third between March 1 and April 30.
     
    The drills must include instruction and practice in the location, use, and operation of the emergency door, fire extinguishers, first aid equipment, and windows as a means of escape in case of fire or accident.  Drills must also include instruction in safe boarding and exiting procedures, with specific emphasis on when and how to approach, board, disembark, and move away from the bus after disembarking, and in the importance of orderly conduct by school bus passengers.  Each drill shall include specific instructions for students to advance at least 10 feet in front of a bus before crossing the highway after disembarking, as well as instruction on specific hazards encountered by students during inclement weather.”
     
    Such instruction and the conduct of the drills shall be given by a member of the pupil transportation staff selected by the Director of Transportation.
     
    Students attending public and nonpublic schools who do not participate in the bus drills as required by the Regulations of the Commissioner also shall be provided with drills on school buses, or as an alternative, shall be provided with classroom instruction covering the content of such drills.
     
    No drills shall be conducted when buses are en route.
     
    The Superintendent shall certify on the annual report to the State Education Department that the District has complied with the above requirements.
     

    Policy References

    Education Law §§2; 1501-b; 1502; 3602(7)(b);
    3623; 3625-a; 3636 8 NYCRR S156.3(h)


    8414.5 ALCOHOL AND DRUG TESTING FOR BUS DRIVERS

    Last Updated Date: 10/15/2019

    Revisions History: 10/15/2019, 12/07/1995

    Related Policies & Documents: 8414.1, 9320, 9610

    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.

    Policy References

    Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306
    49 U.S.C. §521(b)
    49 CFR Part 391 (Qualifications/Disqualifications)
    49 CFR Part 382 (Drug Testing Requirements)
    49 CFR Part 40 (Testing Procedures)
    49 CFR §395.2 (On-duty time defined)
    Vehicle and Traffic Law §§509-1; 1192; 1193
    Will v. Frontier CSD Bd. of Educ., 97 N.Y.2d 690 (2002)


    8414.6 IDLING PROHIBITION

    Last Updated Date: 05/20/2015

    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. 

    When planning field trips and transportation routes, the Board also encourages using newer school vehicles for longer trips and older vehicles for shorter trips, when newer vehicles have lower emissions. 
     
    III.  Bus Loading and Unloading Practices 
     
    Each Building Principal is responsible for developing and implementing a plan for loading and unloading buses in a safe and prompt manner that minimizes exposure to bus exhaust emissions while prioritizing the safety of students. 
     
    When considering changes to school facilities, projects shall consider the goal of prompt loading and unloading of buses.
     
    When possible, drivers must park diagonally to minimize exhaust from the bus from entering adjacent buses or school buildings. Additionally, all staff shall instruct students to board the bus promptly in the afternoon to reduce loading time. 
     
    IV.  Contracts for Student Transportation
     
    If the district contracts with private vendors for student transportation services, any such contract entered shall include a provision requiring compliance by the vendor with the state’s bus idling laws and regulations and this policy.
     
    V.     Monitoring and Review
     
    The Business Official shall be responsible for monitoring compliance with the requirements of law and regulations summarized in this policy.

    Policy References

    Vehicle and Traffic Law §142; Education Law §3637; 8 NYCRR §156.3(h); 6 NYCRR Subpart 217-3


    8414R SCHOOL BUS SAFETY REGULATION

    Last Updated Date: 12/07/1995

    Revisions History: 12/07/1995

    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

    For Questions Regarding

    Contact Person and Telephone Number

    DOT Drug and Alcohol Testing Requirements

    Transportation Coordinator, 516-267-7777

    District’s Policy, Administrative Regulation Or Educational Material

    Manhasset School District Office of Human Resources

    516-267-7730

    DHHS-approved Laboratory

    National Center for Forensic Science Baltimore, Maryland 1-410-1599

    Collection Facilities

    Smith Kline Beecham Laboratories 2001 Marcus Avenue Lake Success, NY 506-437-3887

    Drug and Alcohol Counseling and Rehabilitation Services

    Employee Network, Inc. 1-607-754-1043


    Policy References

    Omnibus Transportation Employee Testing Act of 1991
    (P.L. 102-143) 49 CFR parts 40 & 382


    8415 FIELD TRIP AND EXTRACURRICULAR ACTIVITY TRANSPORTATION

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Upon approval of the Director of Transportation, school vehicles may be used to transport students on authorized field trips or for extra-curricular activities.  General bus procedures must be followed for extracurricular bus use.

    Policy References


    8416 SPECIAL USE OF SCHOOL BUSES

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 8414

    The Board of Education permits some special uses of school buses, such as providing transportation to students to extracurricular events. To this end, the Board directs the Assistant Superintendent for Business to review all requests prior to granting permission for any special use of school buses. The Assistant Superintendent for Business is also authorized to approve use of school buses for special group purposes, upon request of the party or group seeking to use a bus for these purposes.
     
    Permission for all such use may be granted based after review of such factors as the nature and legality of the use, the anticipated time a particular bus will be needed and the ability of the District to meet its normal transportation commitments.
     
    Special Transportation Services
    According to the Education Law, the Board has the authority to permit the following passengers to ride on school buses with District pupils during school hours:
    1. residents enrolled in educational, vocational, or other training programs;
    2. children under the age of five traveling between home and day care facilities;
    3. employees of School Districts or other educational or training institutions.
    However, the following requirements shall be met before such passengers are permitted to ride:
    1. an application must be filed by prospective passengers and approved by the Board;
    2. sets must be available for all pupils while bus is in operation; and
    3. the cost for passengers shall not exceed the cost for transporting regular District pupils to their destination.
    The District shall maintain records indicating the number of trips during which special passengers have been present on school buses, and any revenue collected therefrom.
     
    The Board reserves the right to accept or reject any application filed, in addition to determining the maximum number of passengers other than pupils that may ride any school bus.
     

    Policy References

    Education Law Section 1501-b; 1502; 3635; 4105(3)

    Transportation Law Article 2-F; Section 73(c)


    8417 STUDENT TRANSPORTATION IN PRIVATE VEHICLES

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 8700

    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.

     

    Policy References

    Education Law Section 3023; 3635


    8500 FOOD SERVICE MANAGEMENT

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 8520

    The Board of Education recognizes that the nutrition of District students is an important factor in their education process, and school cafeterias are an integral part of the total school program.  Therefore, the Board shall provide cafeteria facilities in all school buildings that provide student access to nutritious meals each day, in a clean, safe enjoyable meal environment.

    The Board shall contract for the management of its food service program.  Such management shall be under the direction of the Assistant Superintendent for Business.  The management of school food services should be operated in strict compliance with the District’s Wellness Policy and in accordance with the requirements of the governing bid document, in the service of healthy and appealing foods and beverages, following state and federal nutrition guidelines.

    Policy References

    Education Law, Section 305(14)(a)


    8505 CHARGING SCHOOL MEALS AND PROHIBITION AGAINST SHAMING

    Last Updated Date: 08/23/2018

    Revisions History: 08/23/2018, 10/10/2017

    Related Policies & Documents: 8520

    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. 
    1. 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.”

     

    1. 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.

     

    1. 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.
    2. 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.

     
    1. 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. 

     
    1. 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.

     
    1. 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.

    Policy References

    42 USC §1779 (Child Nutrition Act of 1966)
    42 USC §§1758(f)(1); 1766(a) (National School Lunch Act)
    2 CFR §200.426 (accounting for debt in federal programs)
    7 CFR §§210.9 210.12; 210.19; 220.13; 245.5 (accounting in federal school meal programs)
    Healthy, Hunger-Free Kids Act (Public Law 111-296), §143
    15 USC §1692a (debt collector defined)
    Education Law §908
    USDA Report to Congress, Review of Local Policies on Meal Charges and Provision of Alternate Meals, June 2016, www.fns.usda.gov/sites/default/files/cn/unpaidmealcharges-report.pdf
    Unpaid Meal Charges: Local Meal Charge Policies, USDA FNS Memo SP 46-2016 (07/08/16), www.fns.usda.gov/unpaid-meal-charges-local-meal-charge-policies
    Unpaid Meal Charges: Guidance and Q&A, USDA FNS Memo SP 57-2016 (09/16/16),
    https://fns-prod.azureedge.net/sites/default/files/cn/SP57-2016os.pdf
    Unpaid Meal Charges: Guidance and Q&A, USDA FNS Memo SP 23-2017 (03/23/17), https://fns-prod.azureedge.net/sites/default/files/cn/SP23-2017os.pdf
    Unpaid Meal Charges: Clarification on Collection of Delinquent Meal Payments, USDA FNS Memo SP 47-2016 (07/08/16), www.fns.usda.gov/sites/default/files/cn/SP47-2016os.pdf
    Overcoming the Unpaid Meal Challenge - Proven Strategies from Our Nation’s Schools, USDA FNS Guidance Document (May 2017), https://fns-prod.azureedge.net/sites/default/files/cn/SP29-2017a1.pdf
    New York State Legislation - Prohibition Against Meal Shaming, NYSED Memo (5/1/18), http://www.cn.nysed.gov/content/prohibition-against-meal-shaming
    Meal Charge Plan Template, NYSED (5/1/18), http://www.cn.nysed.gov/content/meal-charge-and-prohibition-against-meal-shaming-policy-template


    8520 FREE AND REDUCED PRICE FOOD SERVICES

    Last Updated Date: 07/26/2018

    Revisions History: 06/19/1997, 7/26/2018

    Related Policies & Documents: 8500

    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.

    Policy References

    National School Lunch Act of 1946, as amended, (42 U.S.C. §§1751-1760)
    Child Nutrition Act of 1966, as amended, (42 USC §§1771 et seq.)
    7 CFR Part 245 (245.2, Definitions; 245.5, public announcement; 245.6, categorical eligibility and direct certification/verification.)
    Social Services Law §95(7)
    U.S. Department of Education guidance document, The Community Eligibility Provision and Selected Requirements Under Title I, January 2014, www.ed.gov/programs/titleiparta/13-0381guidance.doc


    8630 TECHNOLOGY RESOURCES AND DATA MANAGEMENT

    Last Updated Date: 06/16/2016

    Revisions History: 06/16/2016, 07/28/2015, 11/15/2012

    Related Policies & Documents: 1120, 4526, 4526R, 4526.1, 4526.2, 4526E, 5500, 5695, 6600, 6700, 8340, 8630R, 8634

    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.

    I. Administration of Technology Resources and Data Management
    In order to manage Informational and Instructional Technology (“IT”) Services (“IT Services”), the Superintendent shall be responsible for designating a Director of Technology who will act as the District Administrator to oversee the management, use and security of District informational and instructional technology resources. This administrator shall:
    1. Be the leader in understanding current and future technological resources available for integration into the District’s systems and the ramification of these resources to the District’s systems;
    2. Be responsible, on an on-going basis, to assess, analyze and manage cyber-security and privacy risks to the District;
    3. Prepare in-service programs to provide District staff with training and development of the skills needed to effectively and safely use the District technology and systems and incorporate the necessary technology in the subject areas and/or administrative duties, as the case may be;
    4. Ensure that the operation of District IT Services is in full compliance with District's policies, regulations and procedures, as well as and all federal, state and local laws, including without limitation, New York State Education Law and Regulations, privacy laws and practices, copyright and other intellectual property laws and regulations and other applicable laws, rules and regulations;
    5. Disseminate and manage e-mail procedures and regulations, including the treatment of spam and use and access to the internet and other related issues; and
    6. Manage third-party contracts and agreements relating to IT Services.
    In addition to the foregoing, the administrator, in consultation with the District administration team, shall prepare a comprehensive multi-year technology plan (the “Technology Plan”) which shall set forth the technology needs of the District in all required areas for a reasonable period of time, but in no event less than three (3) years. The Technology Plan shall include information about current and future plans and estimated costs associated with future purchases and upgrades. The Plan must be approved by the Board.
    II. Use and Security
    The Superintendent, in consultation with the administrator and the network administrator, shall establish all rules and regulations governing the use and security of the District’s technology resources (the “Network”).
    1. The level of network access and rights will determined by the administrator. Access rights shall be audited by the District’s internal auditor each school year.
    2. The Human Resources Department shall submits requests for network access and e-mail accounts by completing a new employee or change of status routing form.
    3. When a user is no longer employed by the District, a termination routing form shall be initiated by the Human Resources Department.
    4. The security and integrity of the District Network is a vital concern of the Board; the District will make every reasonable effort to adequately secure and maintain the system including the use of data encryption where deemed necessary. A monthly report of administrative network rights, account changes and dormant accounts, as well as antivirus verification will be reviewed by the network administrator and the administrator.
    5. All users of the District’s Network shall comply with this policy and regulation, as well as the District’s Acceptable Use Policy (AUP) Policy 4526. Failure to comply may result in disciplinary action, as well as suspension and/or revocation of computer access privileges.
    6. Use of the District’s Network is a privilege, not a right, and any such use may be revoked by the District at any time in its sole discretion. Users of the District’s Network must not expect, nor does the District guarantee, privacy when using the Network, for example, with respect to the content and use of electronic mail (e-mail), use of the internet and stored data. The District reserves the right to access and view any material stored, prepared, produced or used in conjunction with the District’s Network.
    III. Network Facilities
    1. The installation or downloading of any software or the uploading of any data to unauthorized web based servers by users is prohibited. Software can only be installed on District computers by IT staff under the supervision of the administrator. The use of web-based services by any staff member must comply with NY State and Federal laws regarding data privacy (Parents’ Bill of Rights for Data Privacy & Security, COPPA, FERPA).
    All users are reminded that, as stated in regulation 4526R, “an authorized user may use District equipment, hardware, software, supplies, network resources, data storage resources and District licensed applications for school-related purposes only and only in accordance with District Policy.” As such the storage of personal data (e.g., including but not limited to, video, photographs, music) on the network is not allowed; if personal data is discovered on the network it will be deleted without any further notice or warning.
    2. All routers, switches, servers, and communications appliances within the Network must have up-to-date anti-hacking and anti-virus software to protect the Network. Security inspection logs are to be verified on a weekly basis by the network administrator and shall be made available to the administrator for review.
    3. The Main Distribution Frame (MDF) closets for the Network shall be secured at all times and access to these areas will be given only to the administrator, members of the IT staff and only those District Administrators and staff who have full District building access.
    4. The financial systems of the District must be installed on a separate secure server/virtual server (“server”) on the Network. This server must be secured behind a firewall and must be separate from other storage areas, network applications and management systems of the District. Access to the financial system is denied to all users except those given specific rights of access. Any unauthorized access to this secured area is a serious violation of District policy.
    IV. Management of Electronic Records
    The Board recognizes that as District data is managed electronically, it is critical to exercise appropriate controls over access to electronic records, whether stored onsite on District servers or on remote servers in the “cloud”, including, but not limited to: (a) financial information, (b) personnel information, (c) student information, (d) academic and administrative subscription services, and (e) governmental reporting. The administrator, in consultation with other District administrators, as appropriate, shall establish procedures governing management of electronic records.
    The procedures will address:
    A. Passwords
    1. Passwords will be changed on a periodic basis, as delineated in Regulation 8630-R.
    2. Any user level password(s) for access will be changed when a compromise is suspected or discovered.
    3. Passwords are not to be shared under any circumstances. If access to a specific system is needed by a person other than the user assigned (i.e., a supervisor or temporary employee), the network administrator, or their designee, will permit access by the authorized third party.
    B. Segregation of Duties
    Access to electronic records shall be based on the roles and responsibilities of the specific job function of the specific user.
    1. An annual review of access rights shall be performed by the respective administrator to ensure a strict policy of segregation of duties and assignment of rights and permissions appropriate for each user.
    2. Specifically, with respect to authorization for individuals using financial systems to access the District’s financial information, access will be granted and managed as well as reviewed on an annual basis by the Business Manager.
    3. The respective administrator will implement appropriate compensating controls when adequate segregation of duties is not practical or possible.
    4. When special needs arise such as an extended absence by an employee designated for a specific job function in the financial system, temporary changes to authorizations may be requested. Approval for all changes in these authorizations must be in writing and signed by the Deputy Superintendent for Business.
    C. Third Party Vendor - Remote Access and Security
    Remote access for purposes of updating the District’s systems or software may be granted to a third party vendor by the network administrator, who will provide approval each time access is granted.
    Remote access logs must be reviewed monthly by the network administrator and the administrator. Any unauthorized access shall be reported immediately by the network administrator and all remote access shall be terminated until permission to resume is granted.
    D. Backup and Disaster Recovery
    1. An on-site, incremental backup of the District's systems data, including but not limited to financial data, shall be performed on a daily basis (including archiving of e-mail).
    2. Effective September 1, 2015, an off-site, incremental backup of critical systems shall be performed on a daily basis.
    3. Student management systems data is hosted and backed up off-site by the respective third party vendors.
    As part of its three year plan, IT Services must maintain a disaster recovery plan for the District, which is to be updated on an annual basis.
    V. Review and Dissemination
    As technology is a rapidly changing area, it is important that this policy be reviewed periodically by the Board and the District’s internal auditors. The acceptable use policy will be distributed annually to staff and students and will be included in the student handbook.

    Policy References


    8630R TECHNOLOGY RESOURCES AND DATA MANAGEMENT -REGULATION

    Last Updated Date: 06/16/2016

    Revisions History: 06/16/2016, 07/28/2015, 11/15/2012

    Related Policies & Documents: 4526, 4526R

    The following rules and regulations govern the use of the District's technology resources, access to the Internet, and management of electronic records.

    I. Administration
    1. The network administrator shall monitor and examine all network activities, as appropriate, to ensure proper use of the system.
    2. The network administrator shall develop and implement procedures for data back-up and storage. These procedures will facilitate the disaster recovery plan and will comply with the requirements for records retention in compliance with the District’s policy on School District Records (1120).
    3. The administrator shall be responsible for disseminating and interpreting District policy and regulations governing use of the District's technology resources.
    4. The administrator shall oversee employee training for proper use of the District’s technology resources. Staff are encouraged to provide similar training to their students.
    5. The network administrator shall take reasonable steps to protect the network from viruses or other software that would comprise the network.
    6. Passwords shall be updated annually, unless otherwise required to be on a more frequent basis (e.g., financial software).
    II. Internet Access, Acceptable Use and Conduct and Prohibited Activity and Uses
    Internet access by students, faculty, staff, other District employees and third party users is addressed in Policy #4526, Acceptable Use Policy - Technology, and Regulation 4526-R, Acceptable Use – Technology - Regulation.

    Policy References


    8635 INFORMATION AND DATA PRIVACY SECURITY, BREACH AND NOTIFICATION

    Last Updated Date: 10/22/2020

    Revisions History: 10/22/2020

    Related Policies & Documents: 1120, 5500, 5500R, 8630, 8635R, 8635E1, 8635E2, 8635E3

    The Board of Education acknowledges the heightened concern regarding the rise in identity theft and the need for secure networks and prompt notification when security breaches occur. Thus, the Board adopts the National Institute for Standards and Technology Cybersecurity Framework Version 1.1 (NIST CSF) for data security and protection. The Data Protection Officer is responsible for ensuring the District’s systems follow NIST CSF and adopt technologies, safeguards and practices which align with it. This will include an assessment of the District’s current cybersecurity state, their target future cybersecurity state, opportunities for improvement, progress toward the target state, and communication about cyber security risk.

    The Board will designate a Data Protection Officer to be responsible for the implementation of the policies and procedures required in Education Law §2-d and its accompanying regulations, and to serve as the point of contact for data security and privacy District.

    The Board directs the Superintendent, in accordance with appropriate business and technology personnel, and the Data Protection Officer (where applicable) to establish regulations which address:

    ·           The protections of “personally identifiable information” or PPI of student and teachers/Building Principals under Education Law §2-d and Part 121 of the Commissioner of Education.

    ·           The protections of “private information” under State Technology Law §208 and the NY SHIELD Act; and

    ·           Procedures to notify persons affected by breaches or unauthorized access of protected information.

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

                A. General Provisions

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

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

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

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

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

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

    1.      Juvenile delinquency records

    2.      Criminal records

    3.      Medical and health records, and

    4.      Student biometric information

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

    B. Third-party Contractors

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

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

    1.      Adopt technologies, safeguards and practices that align with the NIST CSF.

    2.      Comply with the District’s data security and privacy policy and applicable laws impacting the District.

    3.      Limit internal access to PII to only those employees or sub-contractors that need access to provide the contracted services.

    4.      Not use the PII for any purpose not explicitly authorized in its contract.

    5.      Not disclose any PII to any other party without the prior written consent of the parent/guardian or eligible student (i.e., students who are eighteen (18) years old or older):

     i.      Except for authorized representatives of the third-party contractor to the extent they are carrying out the contract; or

     ii.      Unless required by statute or court order and the third-party contractor provides notice of disclosure to the District, unless expressly prohibited.

    6.      Maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of PII in its custody.

    7.      Use encryption to protect PII in its custody; and

    8.      Not sell, use, or disclose PII for any marketing or commercial purpose, facilitate its use or disclosure by others for marketing or commercial purpose, or permit another party to do so. Third party contractors may release PII to subcontractors engaged to perform the contractor’s obligations, but such subcontractors must abide by data protection obligations of state and federal law, and the contract with the District.

    If the third-party contractor has a breach or unauthorized release of PII, it will promptly notify the District in the most expedient way possible without unreasonable delay but no more than seven (7) calendar days after the breach’s discovery.

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

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

    At a minimum, each plan will:

    1.      Outline how all state, federal, and local data security and privacy contract requirements over the life of the contract will be met, consistent with this policy.

    2.      Specify the safeguards and practices it has in place to protect PII.

    3.      Demonstrate that it complies with the requirements of Section 121.3(c) of this Part.

    4.      Specify how those who have access to student and/or teacher or Building Principal data receive or will receive training on the federal and state laws governing confidentiality of such data prior to receiving access.

    5.      Specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected.

    6.      Specify how the third-party contractor will manage data security and privacy incidents that implicate personally identifiable information (PII) including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the District.

    7.      Describe if, how and when data will be returned to the District, transitioned to a successor contractor, at the District’s direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires.

    D. Training

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

    E. Reporting

    Any breach of the District’s information storage or computerized data which compromises the security, confidentiality, or integrity of student or teacher/Building Principal PII maintained by the District will be promptly reported to the Data Protection Officer, the Superintendent and the Board of Education.

    F. Notifications

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

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

    However, if notification would interfere with an ongoing law enforcement investigation, or cause further disclosure of PII by disclosing an unfixed security vulnerability, the District will notify parents/guardians, eligible students, teachers and/or Building Principals within seven (7) calendar days after the security vulnerability has been remedied, or the risk of interference with the law enforcement investigation ends.

    The Superintendent, or designee, in consultation with the Data Protection Officer, will establish procedures to provide notification of a breach or unauthorized release of student, teacher or Building Principal PII, and establish and communicate to parents/guardians, eligible students, and District staff a process for filing complaints about breaches or unauthorized releases of student and teacher/Building Principal PII.

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

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

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

    The Board directs the Superintendent, in accordance with appropriate business and technology personnel, to establish regulations which:

    ·           Identify and/or define the types of private information that is to be kept secure.

    ·           Include procedures to identify any breaches of security that result in the release of private information; and

    ·           Include procedures to notify persons affected by the security breach as required by law.

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

    Pursuant to Labor Law §203-d, the District will not communicate employee “personal identifying information” to the public.  This includes:

    1.      Social security number

    2.      Home address or telephone number

    3.      Personal email address

    4.      Internet identification name or password

    5.      Parent’s surname prior to marriage; and

    6.      Drivers’ license number

    In addition, the District will protect employee social security numbers in that such numbers will not be:

    1.      Publicly posted or displayed

    2.      Visibly printed on any ID badge, card, or timecard

    3.      Placed in files with unrestricted access; or

    4.      Used for occupational licensing purposes

    Employees with access to such information will be notified of these prohibitions and their obligations.

    Policy References

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

    Replaces and supersedes 8634 – Information Security Breach and Notification


    8635E1 PARENTS’ BILL OF RIGHTS FOR STUDENT DATA PRIVACY AND SECURITY

    Last Updated Date: 10/22/2020

    Related Policies & Documents: 8635, 8635R, 8635E2, 8635E3

    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:

     

    • Student PII will be collected and disclosed only as necessary to achieve educational purposes in accordance with State and Federal Law.

     

    • A student's personally identifiable information cannot be sold or released for any marketing or commercial purposes by the district or any a third-party contractor. The District will not sell student personally identifiable information and will not release it for marketing or commercial purposes, other than directory information released by the district in accordance with district policy.

               

    • Parents have the right to inspect and review the complete contents of their child's education record (for more information about how to exercise this right, see Regulation 5500-R – Student Records).

     

    • State and federal laws, such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, protect the confidentiality of students’ personally identifiable information. Safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred.

     

    • A complete list of all student data elements collected by the State Education Department is available for public review at http://www.nysed.gov/data-privacy-security or by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234

     

    • Parents have the right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints should be directed to Mike Bourque, District Data Protection Officer, Manhasset Union Free School District, 200 Memorial Place, Manhasset NY, 11030, 516-267-7526, Mike_Bourque@manhassetschools.org.     Complaints may also be filed directly  to the New York State Education Department online at http://www.nysed.gov/data-privacy-security, by mail to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234 or by email to privacy@mail.nysed.gov or by telephone at 518-474-0937.

     

    • Parents have the right to be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.

     

    • Parents can expect that educational agency workers who handle PII will receive annual training on applicable federal and state laws, regulations, educational agency’s policies and safeguards which will be in alignment with industry standards and best practices to protect PII.

     

    • In the event that the District engages a third-party provider to deliver student educational services, the contractor or subcontractors will be obligated to adhere to State and Federal Laws to safeguard student PII. Parents can request information about third party contractors by contacting Mike Bourque, District Data Protection Officer, Manhasset Union Free School District, 200 Memorial Place, Manhasset, NY 11030, 516-267-7526, Mike_Bourque@manhassetschools.org or can access the information on the District website www.manhassetschools.org. 
     

    Policy References

    ADOPTED: December 18, 2014 as 5500-E-4

    AMENDED: October 22, 2020 (replaces former 5500-E-4)


    8635E2 PARENTS’ BILL OF RIGHTS FOR STUDENT DATA PRIVACY AND SECURITY - THIRD PARTY CONTRATOR SUPPLEMENT AGREEMENT REGARDING DATA SECURITY AND PRIVACY

    Last Updated Date: 10/22/2020

    Related Policies & Documents: 8635, 8635R, 8635E1, 8635E3

    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: _______________________



    [1] Encryption means methods of rendering personally identifiable information unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified or permitted by the Secretary of the United States department of health and human services in guidance issued under Section 13402(H)(2) of Public Law 111-5.  

    Policy References


    8635E3 NYSED Data Incident Reporting Form - Educational Agency

    Last Updated Date: 10/22/2020

    Revisions History: 10/22/2020

    Related Policies & Documents: 8635, 8635R, 8635E1, 8635E2

    CLICK HERE FOR State Form 8635E3 NYSED Data Incident Reporting Form - Educational Agency

    Policy References


    8635R INFORMATION AND DATA PRIVACY, SECURITY, BREACH AND NOTIFICATION REGULATION

    Last Updated Date: 10/22/2020

    Revisions History: 10/22/2020

    Related Policies & Documents: 8635, 8635E1, 8635E2, 8635E3

    This regulation addresses information and data privacy, security, breach and notification requirements for student and teacher/principal personally identifiable information under Education Law §2-d, as well as private information under State Technology Law §208.

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

    I.          Student and Teacher/Building Principal “Personally Identifiable Information” (PII) under Education Law §2-d

    A.                Definitions

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

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

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

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

                                              1.            The student's name

                                              2.            The name of the student's parent/guardian or other family members

                                              3.            The address and email address of the student or student's family

                                              4.            A personal identifier, such as the student's social security number, student number, or biometric record

                                              5.            Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name

                                              6.            Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

    7.         Information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.

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

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

    B.                 Complaints of Breaches or Unauthorized Releases of PII

    If a parent/guardian. eligible student, teacher, principal or other District employee believes or has evidence that PII has been breached or released without authorization, they must submit this complaint in writing to the District. Complaints may be received by the Data Protection Officer, but may also be received by any District employee, who must immediately notify the Data Protection Officer. The Improper Data Disclosure Complaint Form can be used for the purpose of reporting. This complaint process and form will be communicated to parents, eligible students, teachers, principals, and other District employees and will be posted on the District website. The District will acknowledge receipt of complaints promptly, commence an investigation, and take the necessary precautions to protect personally identifiable information.

    Following its investigation of the complaint, the District will provide its findings to the  complainant within 60 calendar days from the receipt of the complaint. If the District requires additional time, or if the findings may compromise security or impede a law enforcement investigation, the District will provide the complainant with a written explanation that includes the approximate date when the District will respond to the complaint.

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

    C.                Notification of Student and Teacher/Principal PII Breaches

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

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

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

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

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

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

    ·         A brief description of the breach or unauthorized release,

    ·         The dates of the incident and the date of discovery, if known.

    ·         A description of the types of PII affected.

    ·         An estimate of the number of records affected.

    ·         A brief description of the District’s investigation or plan to investigate; and

    ·         Contact information for representatives who can assist parents or eligible students with additional questions.

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

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

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

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

    A.                Definitions

                “Private information” means either:

    1.      Personal information consisting of any information in combination with any one or more of the following data elements, when either the data element or the personal information plus the data element is not encrypted or encrypted with an encryption key that has also been accessed or acquired:

    ·         Social security number

    ·         Driver’s license number or non-driver identification card number

    ·         Account number, credit, or debit card number, in combination with any required security code, access code, password or other information which would permit access to an individual’s financial account

    ·         Account number or credit or debit card number, if that number could be used to access a person’s financial account without other information such as a password or code; or

    ·         Biometric information (data generated by electronic measurements of a person’s physical characteristics, such as fingerprint, voice print, or retina or iris image) used to authenticate or ascertain a person’s identity; or

    2. A username or email address, along with a password, or security question and answer, that would permit access to an online account.

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

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

    B.                 Procedure for Identifying Security Breaches

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

                             1.                  Indications that the information is in the physical possession and control of an unauthorized person, such as removal of lost or stolen computer, or another device containing information.

                             2.                  Indications that the information has been downloaded or copied.

                             3.                  Indications that the information was used by an unauthorized person, such as fraudulent accounts opened, or instances of identity theft reported; and/or

                             4.                  Any other factors which the District shall deem appropriate and relevant to such determination.

    C.                Notification of Breaches to Affected Persons

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

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

    2.      If the breach involved computer data maintained by the District, the District will notify the owner or licensee of the information of the breach immediately following discovery, if the private information was or is reasonably believed to have been accessed or acquired by a person without valid authorization.

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

    1.                  Written notice

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

    3.      Telephone notification, provided that the District keeps a log of each such telephone notification.

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

    1.            E-mail notice when the District has such address for the affected individual.

    2.            Conspicuous posting on the District’s website if they maintain one; and

    3.            Notification to major media.

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

     

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

    D.                Notification to State Agencies and Other Entities

    Once notice has been made to affected New York State residents, the District shall notify the State Attorney General, the State Department of State, NYS Department of Education, and the State Office of Information Technology Services as to the timing, content, and distribution of the notices and approximate number of affected persons. The NYSED Data Incident Reporting Form may be found in Exhibit 8635-E-3, or at http://www.nysed.gov/common/nysed/files/programs/data-privacy-security/nysed-cpo-data-incident-reporting-form.pdf

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

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

    Policy References


    8650 SCHOOL DISTRICT COMPLIANCE WITH COPYRIGHT LAW

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 8650R

    The Board of Education acknowledges the necessity of complying with federal laws governing the use of copyrighted material.
     
    Infringement on copyrighted material, whether prose, poetry, graphic images, music, video or computer code, is a serious offense against federal law and contrary to the ethical standards required of staff and students alike.
     
    The Board, therefore, requires that all reproduction of copyrighted material be conducted strictly in accordance with applicable provisions of law.  Unless otherwise allowed as “fair use” under federal law, permission must be acquired from the copyright owner prior to reproduction of material in any form.
     
    The Superintendent of Schools is hereby directed to develop and submit to the Board for approval such rules and regulations as he/she may deem appropriate to carry out this policy.
     

    Policy References

    17 USC 101, 106, 107, 117


    8650R SCHOOL DISTRICT COMPLIANCE WITH COPYRIGHT LAW REGULATION

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    Related Policies & Documents: 8340

    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.

    Policy References


    8700 INSURANCE

    Last Updated Date: 06/19/1997

    Revisions History: 06/19/1997

    The District shall purchase insurance coverage necessary to protect the District to an optimum extend from loss of property and judgments and awards arising out of liability claims.  Records of all insurance policies shall be kept in the Central Office.  The Board of Education shall select a broker who shall advise it in the administration of the insurance program.  All actions involving the purchase of insurance shall be subject to Board approval.
     
    The Assistant Superintendent for Business shall have general knowledge of the provisions of all insurance policies carried by the District.  At time of accident or loss, he/she shall see that action is taken necessary to protect the interests of the School District.
     
    The Board shall purchase with District funds the type and amount of insurance appropriate to protect itself as a corporate body, its individual members, its appointed officers, and its employees from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to any person or accidental damage to the property of any person within or without the school buildings while the above-named insured are acting in the discharge of their duties within the scope of their employment and/or under the direction of the Board.  Such purchase will take into account the price of insurance, appropriate deductibles, and other relevant factors.
     
    Premiums for such accident insurance as is deemed appropriate for students in grades pre-kindergarten, intramural, and physical education sports activities, or while engaged in practice preparation for such games, sports, or contests will be paid from the General Fund.
     
    The Superintendent shall annually review the insurance program for the purpose of recommending to the Board adjustments in coverage resulting from, but not limited to, expansion of the District’s risks, relevant new laws, and superseding conditions which make changes in coverage appropriate.
     

    Policy References

    Education Law Sections 1709(8)(8-a)(8-b); 3023; 3028; 3811

    General Municipal Law Section 6-n;

    General Municipal Law Section 104-b

    Lynd v. Heffernan, 286 AD 597 (3rd Dept. 1955)

    Surdell v. City of Oswego, 91 Misc.2d 1041 (1977)


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