0000
EDUCATIONAL PHILOSOPHY
The Board of Education is dedicated to educating students to develop moral, ethical, and cultural values, to stimulate and expand a continual learning process and to cultivate an understanding and appreciation of the rights and responsibilities of American citizens, which will enable them to function effectively as independent individuals in a democratic society.
In advancing its educational philosophy, the Board is committed to the following:
1. Offering general and special education programs which will provide appropriate skills, knowledge, awareness, and competency;
2. Providing realistic opportunities for each child to achieve success and develop a positive self-image;
3. Establishing an educational climate which encourages and develops (a) leadership characteristics, (b) creative thinking and (c) high standards of accomplishment;
4. Promoting a respect for learning;
5. Teaching and demonstrating the importance of mutual respect in interpersonal and intergroup relations;
6. Teaching for the appreciation of the contributions of the arts in all areas;
7. Teaching for the understanding of the human beings’ place in the environment;
8. Assuring opportunities for students to learn and exercise their roles, rights, and responsibilities as citizens;
9. Fostering an exchange of ideas among students and between staff and students;
10. Encouraging and assisting efforts to develop democratic relationships with all regardless of their group membership; and
11. Promoting physical fitness and well being.
The Board encourages parents and teachers to offer their expertise in helping to develop a school environment that is academically challenging, psychologically satisfying and socially fulfilling for students at all levels. The objectives of an educational program are best realized when mutual understanding, cooperation, and effective communications exist among the home, community and school.
1 st Reading 6/21/00
2 nd Reading & Adoption July 5, 2000
0100
EQUAL OPPORTUNITY
The Board of Education, its officers and employees, shall not discriminate against any student, employee or applicant on the basis of race, color, national origin, creed, religion, marital status, gender, sexual orientation, age or disability.
This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement and/or terminations.
The Board authorizes the Superintendent of Schools to establish such rules, regulations and procedures necessary to implement and maintain this policy.
Cross-ref : 5311.3, Student Complaints and Grievances
9110, Equal Employment Opportunity
9140.1, Staff Complaints and Grievances
Ref : Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq.
Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.
Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq.
§504, Rehabilitation Act of 1973, 29 U.S.C. §794
Individuals with Disabilities Education Law, §290 et seq.
New York State Human Rights Law, Executive Law §290 et seq.
Education Law §§3201, 3201-a
1 st Reading 6/21/00
2 nd Reading 7/5/00
Adoption 7/5/00
0110
SEXUAL HARASSMENT
The Board of Education recognizes that sexual harassment of students and staff is abusive and illegal behavior that harms victims and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying sexual harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees can work productively.
The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events including those that take place at locations outside the district.
Because sexual harassment can occur staff to student, student to staff, staff to staff, student to student, male to female, female to male, male to male or female to female, it shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass any student, employee or person on school grounds.
In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all victims of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The district will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation.
If, after appropriate investigation, the district finds that a student, an employee or a third party has violated this policy, prompt corrective action will be taken in accordance with the collective bargaining agreements, district policy and state law.
All complainants and those who participate in the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind.
The Superintendent of Schools is directed to implement regulations for reporting, investigating and remedying allegations of sexual harassment. These regulations are to be attached to this policy. In addition, training programs shall be established for students and employees to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment.
This policy shall be posted in a prominent place in each district facility and shall also be published in student, parent and employee handbooks, and other appropriate school publications.
Ref : Education Amendments of 1972, Title IX, 20 U.S.C.§1681 et seq.
Title VII of Civil Rights Act (1964), 42 U.S.C. §2000-e; 34 CFR §100 et seq.
Davis v. Monroe County Board of Education , __ U.S.__; 119 S.Ct.1661 (1999)
Gebser v. Lago Vista Independent School District , 524 U.S, 274 (1998)
Faragher v. City of Boca Raton , 524 U.S. 775 (1998)
Burlington Industries v. Ellerth , 524 U.S. 742 (1998)
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)
Franklin v. Gwent County Public Schools, 503 U.S. 60 (1992)
Meritor Savings Bank, FSB v. Vinson , 477 U.S. 57 (1986)
1 st Reading 5/28/02
2 nd Reading & Adoption 6/24/02
0110-R
SEXUAL HARASSMENT REGULATION
This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment in furtherance of the district's commitment to provide a healthy and productive environment for all students and employees that promotes respect, dignity and equality.
Sexual Harassment Defined
"Sexual harassment" means unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an employee's employment or a student's education (including any aspect of the student's participation in school-sponsored activities, or any other aspect of the student's education); or
2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting an employee's employment or a student's education; or
3. the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee's work performance or a student's academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive working or educational environment.
Unacceptable Conduct
School-related conduct that the district considers unacceptable and which may constitute sexual harassment includes, but is not limited to, the following:
1. rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law;
2. unwelcome sexual invitations or requests for sexual activity in exchange for grades, promotions, preferences, favors, selection for extracurricular activities or job assignments, homework, etc.;
3. unwelcome and offensive public sexual display of affection, including kissing, making out, groping, fondling, petting, inappropriate touching of one's self or others, sexually suggestive dancing, and massages;
4. any unwelcome communication that is sexually suggestive, sexually degrading or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual's clothing, appearance or activities; sexual jokes; sexual gestures; public conversations about sexual activities or exploits; sexual rumors and "ratings lists;" howling, catcalls, and whistles; sexually graphic computer files, messages or games, etc;
5. unwelcome and offensive name calling or profanity that is sexually suggestive, sexually degrading, implies sexual intentions, or that is based on sexual stereotypes or sexual preference;
6. unwelcome physical contact or closeness that is sexually suggestive, sexually degrading, or sexually intimidating such as the unwelcome touching of another's body parts, cornering or blocking an individual, standing too close, spanking, pinching, following, stalking, frontal body hugs, etc.;
7. unwelcome and sexually offensive physical pranks or touching of an individual's clothing, such as hazing and initiation, "streaking," "mooning," "snuggies" or "wedgies" (pulling underwear up at the waist so it goes in between the buttocks), bra-snapping, skirt "flip-ups," "spiking" (pulling down someone's pants or swimming suit); pinching; placing hands inside an individual's pants, shirt, blouse, or dress, etc.;
8. unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or imply sexual motives or intentions;
9. clothing with sexually obscene or sexually explicit slogans or messages;
10. unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading, or that imply sexual motives or intentions, or that are based on sexual stereotypes;
11. unwelcome written or pictorial display or distribution of pornographic or other sexually explicit materials such as magazines, videos, films, Internet material, etc.;
12. any other unwelcome gender-based behavior that is offensive, degrading, intimidating, demeaning, or that is based on sexual stereotypes and attitudes.
For purposes of this regulation, action or conduct shall be considered "unwelcome" if the student or employee did not request or invite it and regarded the conduct as undesirable or offensive.
Determining if Prohibited Conduct is Sexual Harassment
Complaints of sexual harassment will be thoroughly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the above definition of sexual harassment and should therefore be treated as sexual harassment. Not all unacceptable conduct with sexual connotations may constitute sexual harassment. In many cases (other than quid pro quo situations where the alleged harasser offers academic or employment rewards or threatens punishment as an inducement for sexual favors), unacceptable behavior must be sufficiently severe, pervasive and objectively offensive to be considered sexual harassment.
In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider:
1. the degree to which the conduct affected the ability of the student to participate in or benefit from his or her education or altered the conditions of the student's learning environment or altered the conditions of the employee's working environment;
2. the type, frequency and duration of the conduct;
3. the identity of and relationship between the alleged harasser and the subject of the harassment (e.g., sexually based conduct by an authority figure is more likely to create a hostile environment than similar conduct by another student or a co-worker);
4. the number of individuals involved;
5. the age and sex of the alleged harasser and the subject of the harassment;
6. the location of the incidents and context in which they occurred;
7. other incidents at the school; and
8. incidents of gender-based, but non-sexual harassment.
Reporting Complaints
Any person who believes he or she has been the victim of sexual harassment by a student, district employee or third party related to the school is required to report complaints as soon as possible after the incident in order to enable the district to effectively investigate and resolve the complaint. Victims are encouraged to submit the complaint in writing; however, complaints may be filed verbally.
Complaints should be filed with the Principal or the Title IX coordinator.
Any school employee who receives a complaint of sexual harassment from a student shall inform the student of the employee's obligation to report the complaint to the school administration, and then shall immediately notify the Principal and/or the Title IX coordinator.
In order to assist investigators, victims should document the harassment as soon as it occurs and with as much detail as possible including: the nature of the harassment; dates, times, places it has occurred; name of harasser(s); witnesses to the harassment; and the victim's response to the harassment.
Confidentiality
It is district policy to respect the privacy of all parties and witnesses to complaints of sexual harassment. To the extent possible, the district will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information. However, because an individual's need for confidentiality must be balanced with the district's legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the district retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.
If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that:
1. the request may limit the district's ability to respond to his/her complaint;
2. district policy and federal law prohibit retaliation against complainants and witnesses;
3. the district will attempt to prevent any retaliation; and
4. the district will take strong responsive action if retaliation occurs.
If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the district from responding effectively to the harassment and preventing the harassment of other students or employees.
Investigation and Resolution Procedure
A. Initial (Building-level) Procedure
The Principal or the Title IX coordinator shall conduct a preliminary review when they receive a verbal or written complaint of sexual harassment, or if they observe sexual harassment. Except in the case of severe or criminal conduct, the Principal or the Title IX coordinator should make all reasonable efforts to resolve complaints informally at the school level. The goal of informal investigation and resolution procedures is to end the harassment and obtain a prompt and equitable resolution to a complaint.
As soon as possible but no later than three working days following receipt of a complaint, the Principal or Title IX coordinator should begin an investigation of the complaint according to the following steps:
1. Interview the victim and document the conversation. Instruct the victim to have no contact or communication regarding the complaint with the alleged harasser. Ask the victim specifically what action he/she wants taken in order to resolve the complaint. Refer the victim, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.
2. Review any written documentation of the harassment prepared by the victim. If the victim has not prepared written documentation, instruct the victim to do so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation.
3. Interview the alleged harasser regarding the complaint and inform the alleged harasser that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the alleged harasser an opportunity to respond to the charges in writing.
4. Instruct the alleged harasser to have no contact or communication regarding the complaint with the victim and to not retaliate against the victim. Warn the alleged harasser that if he/she makes contact with or retaliates against the victim, he/she will be subject to immediate disciplinary action.
5. Interview any witnesses to the complaint. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and his/her statement confidential.
6. Review all documentation and information relevant to the complaint.
7. Where appropriate, suggest mediation as a potential means of resolving the complaint. In addition to mediation, use appropriate informal methods to resolve the complaint, including but not limited to:
a. discussion with the accused, informing him or her of the district's policies and indicating that the behavior must stop;
b. suggesting counseling and/or sensitivity training;
c. conducting training for the department or school in which the
behavior occurred, calling attention to the consequences of engaging in such behavior;
d. requesting a letter of apology to the complainant;
e. writing letters of caution or reprimand; and/or
f. separating the parties.
8. Parent/Student/Employee Involvement and Notification
a. Parents of student victims and accused students shall be notified within one school day of allegations that are serious or involve repeated conduct.
b. The parents of students who file complaints are welcome to participate at each stage of both informal and formal investigation and resolution procedures.
c. If either the victim or the accused is a disabled student receiving special education services under an IEP or section 504/Americans with Disabilities Act accommodations, the committee on special education will be consulted to determine the degree to which the student's disability either caused or is affected by the discrimination or policy violation. In addition, due process procedures required for persons with disabilities under state and federal law shall be followed.
d. The Principal or Title IX Coordinator (i.e., the investigator) shall submit a copy of all investigation and interview documentation to the to the Superintendent.
e. The investigator shall report back to both the victim and the accused, notifying them in writing, and also in person as appropriate regarding the outcome of the investigation and the action taken to resolve the complaint. The investigator shall instruct the victim to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.
f. The investigator shall notify the victim that if he/she desires further investigation and action, he/she may request a district level investigation by contacting the Superintendent of Schools. The investigator shall also notify the victim of his/her right to contact the U.S. Department of Education's Office for Civil Rights and/or a private attorney. Employees may also contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.
If the initial investigation results in a determination that sexual harassment did occur, the investigator will promptly notify the Superintendent, who shall then take prompt disciplinary action in accordance with district policy, the applicable collective bargaining agreement or state law.
If a complaint received by the Principal or the Title IX Coordinator contains evidence or allegations of serious or extreme harassment, such as employee to student harassment, criminal touching, quid pro quo (e.g., offering an academic or employment reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint shall be referred promptly to the Superintendent. In addition, where the Principal or the Title IX coordinator has a reasonable suspicion that the alleged harassment involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact appropriate child protection and law enforcement authorities. Where criminal activity is alleged or suspected by a district employee, the accused employee shall be suspended pending the outcome of the investigation, consistent with all contractual or statutory requirements.
Any party who is not satisfied with the outcome of the initial investigation by the Principal or the Title IX coordinator may request a district-level investigation by submitting a written complaint to the Superintendent within 30 days.
B. District-level Procedure
The Superintendent shall promptly investigate and resolve all sexual harassment complaints that are referred to him/her by a Principal or Title IX coordinator, as well as those appealed to the Superintendent following an initial investigation by a Principal or Title IX coordinator. In the event the complaint of sexual harassment involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to a trained investigator not employed by the district for investigation.
When allegations are received district personnel will conduct an investigation into such allegations and will determine whether conduct constitutes illegal behavior or child abuse. In the event that such allegations constitute illegal behavior or child abuse, it is the policy of the Board to notify agencies or authorities as required by law. In the event the Board learns of offensive behavior or misconduct, or has reason to believe such conduct has occurred, the Board will, on its own initiative, ensure that a thorough investigation is conducted by the appropriate individuals. The district level investigation should begin as soon as possible but not later than three working days following receipt of the complaint by the Superintendent or Board President.
In conducting the formal district level investigation, the district will
use investigators who have received formal training in sexual harassment investigation or that have previous experience investigating sexual harassment complaints.
If a district investigation results in a determination that sexual harassment did occur, prompt corrective action will be taken to end the harassment. Where appropriate, district investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint.
No later than 30 days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the victim and alleged harasser, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 days following receipt of the complaint.
The victim and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings. In addition, victims have the right to register sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights.
Employee victims also have the right to register complaints with the federal Equal Employment Opportunity Commission and the New York State Division of Human Rights. Nothing in these regulations shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court.
Retaliation Prohibited
Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.
Discipline/Penalties
Any individual who violates the sexual harassment policy by engaging in prohibited sexual harassment will be subject to appropriate disciplinary action. Disciplinary measures available to school authorities include, but are not limited to the following:
Students : Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.
Employees : Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.
Volunteers : Penalties may range from a warning up to and including loss of volunteer assignment.
Vendors : Penalties may range from a warning up to and including loss of district business.
Other individuals : Penalties may range from a warning up to and including denial of future access to school property.
False Complaints
False or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant.
Training
All students and employees shall be informed of this policy in student and employee handbooks and student registration materials. A poster summarizing the policy shall also be posted in a prominent location at each school. All secondary school student body officers shall receive district training about the policy at the beginning of each school year.
All new employees shall receive information about this policy and regulation at new employee orientation. All other employees shall be provided information at least once a year regarding this policy and the district's commitment to a harassment-free learning and working environment. Principals, Title IX coordinators, and other administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive yearly training on this policy, regulation and related legal developments.
Principals in each school and program directors shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the victim.
0150
HIV/AIDS POLICY
The Board of Education recognizes the public concern over the health issues surrounding Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). The Board recognizes, based upon the current state of medical knowledge, that the virus associated with AIDS is not easily transmitted and there is no evidence that AIDS or the HIV virus can be transmitted by casual social contact in the open school setting.
The Board further recognizes the privacy rights of students diagnosed with HIV infection or AIDS and their right to a free appropriate public education; the rights of HIV infected employees to privacy and reasonable accommodations; the rights of all non-infected individuals to a safe environment free of any significant risks to their health; and the rights of all students to instruction regarding the nature, transmission, prevention, and treatment of HIV infection, pursuant to the Commissioner’s Regulation, Part 135.3.
No individual shall be denied access to any program or activity sponsored by or conducted on the grounds of the district, solely on the basis of his/her status as an HIV-infected individual.
Students
It is the policy of the Board that:
1. A student’s education shall not be interrupted or curtailed solely on the basis of his/her HIV status. HIV-infected students shall be afforded the same rights, privileges, and services available to every other student.
2. No student shall be referred to the Committee on Special Education solely on the basis of his/her HIV status. A student who is infected with HIV shall be referred to the Committee on Special Education (CSE) only when the student’s disability interferes with his/her ability to benefit from instruction. Such referral shall be made in accordance with Part 200 of Commissioner’s Regulations.
3. If a student who is HIV-infected requires special accommodations to enable him/her to continue to attend school, the student shall be referred to the appropriate multi-disciplinary team as required by §504 of the Rehabilitation Act.
4. No disclosure of HIV related information involving a student shall be made without first obtaining the informed consent of the parent, guardian or student on the Department of Health (DOH) approved form. (See the generic Department of Health Authorization of Release of Confidential HIV Related Information.)
Employees
It is the policy of the Board that:
1. No employees shall be prevented from continuing in his/her employment solely on the basis of his/her HIV status; such employees are entitled to all rights, privileges, and services accorded to other employees and shall be entitled to reasonable accommodations to the extent that such accommodations enable such individuals to perform their duties.
2. No disciplinary action or other adverse action shall be taken against any employee solely on the basis of his/her status as an HIV infected or a person with AIDS. Such action will only be taken where, even with the provision of reasonable accommodations, the individual is unable to perform his/her duties.
3. All employees shall have access to the district’s exposure control plan as required by the federal Office of Safety and Health Association (OSHA).
4. In accordance with OSHA regulations, training in universal precautions and infection control shall be offered to all employees and shall be provided to every employee with potential occupational exposure.
Confidentiality
- Any information obtained regarding the HIV status of an individual connected to the school shall not be released to third parties, except to those persons who are:
1. named on an Authorization for Release of Confidential HIV Related Information form;
2. named in a special HIV court order; or
3. as indicated in Public Health Law §2782, when necessary to provide health care to the individual (i.e., to the school physician and the school nurse).
- Any employee who breaches the confidentiality of a person who is HIV infected shall be subject to disciplinary action in accordance with applicable law and/or collective bargaining agreement.
- To protect the confidentiality of an HIV infected individual, any documents identifying the HIV status of such individuals shall be maintained by the school nurse (or another authorized individual) in a secure file, separate from the individual’s regular file. Access to such file shall be granted only to those persons named on the Department of Health approved Authorization for Release of Confidential HIV Related Information form, or through a special HIV court order. When information is disclosed, a statement prohibiting further redisclosure, except when in compliance with the law, must accompany the disclosure.
HIV/AIDS Testing
No school official shall require a student or employee to undergo an HIV antibody test or other HIV-related test. In accordance with OSHA regulations in the event of an incident involving the exposure one individual to potentially infectious body fluids of another individual, particularly blood or any other fluid that contains visible blood, an HIV test may be requested but NOT required. The request and refusal must be documented.
However, school officials shall not be precluded from requiring a student or employee to undergo a physical examination pursuant to Education Law §§903 and 913, when other illness is suspected (e.g., tuberculosis), as long as no HIV antibody test or other HIV-related test is administered without the individual’s informed consent as required by Public Health Law §27-F.
To implement this policy, the Superintendent of Schools is directed to arrange for staff training, to distribute copies of this policy to all employees of the district, and to include it in the district’s student handbook, and to establish an advisory council to make recommendations on the development, implementation, and evaluation of HIV/AIDS instruction as a part of comprehensive health education.
Cross-ref : 4315.1, AIDS Instruction
5420, Student Health Services
5420-R, Student Health Services Regulation
8123, Hygiene Precautions and Procedures
Ref : 29 USC §§794 et seq. (Rehabilitation Act of 1973)
20 USC §§1400 et seq. (Individuals with Disabilities Education Act)
42 U.S.C. §12132, et seq. (Americans with Disabilities Act)
34 CFR Part 104
29 CFR Part 1910.1030
Executive Law §296 (Human Rights Law)
Education Law §§903; 913
Public Health Law, Article 27-F
8 NYCRR §§29.1(g); l35.3; 136.3
An Implementation Package for HIV/AIDS Policy in New York State School Districts , NYS HIV/AIDS Prevention Education Program, June 17, 1998
1 st Reading 6/21/00
2 nd Reading & Adoption
0150-E PERSONS WITH HIV-RELATED ILLNESS EXHIBIT
The University of the State
of New York Education Department
Approved by:
New York State Department of Health

OC-1 (6/89) |
Authorization for Release of Confidential HIV*
Related Information to the Superintendent of Schools and the Board of Education
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Confidential HIV Related Information means any information indicating that a person had an HIV related test, or has HIV infection, HIV related illness or AIDS, or any information which could indicate that a person has been potentially exposed to HIV.
Under New York State Law, except for certain people, confidential HIV related information can only be given to persons you allow to have it by signing this form. You may ask for a list of people who can be given confidential HIV related information even without this form.
If you sign this form, HIV related information can be given to the people listed on the form, and for the reason(s) listed on the form. You do not have to sign the form, and you can change your mind at any time.
If you experience discrimination because of the release of HIV related information, you may contact the New York State Division of Human Rights at (212) 870-9624 or the New York City Commission of Human Rights at (212) 566-5493. These agencies are responsible for protecting your rights.
NAME OF PERSON WHOSE HIV RELATED INFORMATION WILL BE RELEASED
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NAME AND ADDRESS OF PERSON SIGNING THIS FORM (IF OTHER THAN ABOVE)
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STREET CITY STATE ZIP CODE
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RELATIONSHIP TO PERSON WHOSE HIV INFORMATION WILL BE RELEASED
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Name and addresses of the Superintendent of Schools and individual members of the Board of Education (Board of Trustees) of the above named school district who will be given HIV related information.
SUPERINTENDENT'S NAME
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STREET CITY STATE ZIP CODE
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NAME
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STREET CITY STATE ZIP CODE
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*Human Immunodeficiency Virus that causes AIDS (Continued on Reverse)
0150-E
NAME
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STREET CITY STATE ZIP CODE
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NAME
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STREET CITY STATE ZIP CODE
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NAME
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STREET CITY STATE ZIP CODE
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NAME
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STREET CITY STATE ZIP CODE
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NAME
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STREET CITY STATE ZIP CODE
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NAME
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STREET CITY STATE ZIP CODE
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NAME
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NAME
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STREET CITY STATE ZIP CODE |
Reason for release of HIV related information
¨ To approve the recommendation of the CSE as required by law.
(Name of district)
¨ Other (explain in full, use additional sheet(s) if necessary)
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Time during which release is authorized |
FROM:
¨¨ ¨¨ ¨¨
Month Day Year |
TO:
¨¨ ¨¨ ¨¨
Month Day Year |
My questions about this form have been answered. I know that I do not have to allow release of HIV related information, and that I can change my mind at any time.
Signature Date
0320
EVALUATION OF SUPERINTENDENT
The Board of Education recognizes that student growth, district progress, and community satisfaction are all affected by the performance of the Superintendent of Schools. The Superintendent cannot function effectively without periodic feedback about his/her performance. Therefore the Board recognizes its responsibilities to evaluate the Superintendent.
The evaluation of the superintendent shall occur at least annually, pursuant to the regulations of the Commissioner of Education, and will be discussed only during an executive session. The final written evaluation report will include signature lines for each trustee. Annual performance criteria will be established by the Board of Education in order to provide the highest quality leadership for the school system.
Ref: 8 NYCRR §100.2(o)(2)
1st Reading December 18, 2001
2nd Reading & Adoption January 29, 2002
1st Reading for Re-adoption March 28, 2006
2nd Reading & Re-adoption April 25, 2006
0320-E
EVALUATION OF THE SUPERINTENDENT
The following responsibilities are to be considered by the Board of Education in the annual evaluation of the Superintendent of Schools.
A. Relationships with the Board of Education
1. Keeps the Board informed on issues, needs, and operation of the school system in a timely fashion.
2. Offers professional advice to the Board on items requiring Board action, with appropriate recommendations based on thorough study and analysis.
3. Understands, interprets and executes the intent of Board policy.
4. Seeks and accepts constructive criticism of his/her work.
5. Supports Board policy and actions to the public and staff.
6. Has a harmonious working relationship with the Board.
7. Makes recommendations for employment or promotion of personnel in writing and with supporting data, and accepts responsibility for his/her recommendations. If the recommendation is not accepted by the Board, he/she willingly finds another person to recommend.
8. Receives recommendations for personnel from board members with an open mind but applies the same criteria for his/her selection for recommendation as he/she applies to applications from other sources.
9. Accepts his/her responsibility for maintaining liaison between the Board and personnel, working toward a high degree of understanding and respect between the staff and the Board and the Board and the staff.
10. Remains impartial toward the Board, treating all board members alike.
11. Refrains from criticism of individual or group members of the Board.
12. Makes every effort to resolve differences promptly when he/she feels an honest, objective difference of opinion exists between him/her and any or all members of the Board.
13. Bases his/her position with regard to matters discussed by the Board upon principle and is willing to maintain that position without regard for its popularity until an official position has been reached, after which time he/she supports the decision of the Board.
14. Assists the Board President in the orientation of new board members.
B. Community Relationships
15. Gains respect and support of the community for the conduct of the school operation.
16. Solicits and gives attention to problems, opinions, and suggestions of PTAs and other community groups and individuals.
17. Develops cooperative relationships with news media.
18. Improves the image of the district through participation in community activities.
19. Achieves status as a community leader in public education.
20. Works effectively with professional educational organizations and public and private agencies.
C. Staff and Personnel Relationships
21. Develops and executes sound personnel procedures and practices.
22. Develops good staff morale and loyalty to the school district.
23. Treats all personnel fairly, without favoritism or discrimination.
24. Delegates authority to staff members appropriate to the position each holds.
25. Recruits and assigns the best available personnel.
26. Encourages participation of appropriate staff members and groups in planning, procedures, and interpretation of Board policy.
27. Supervises and evaluates performance of staff members, giving commendation for good work as well as constructive suggestions for improvement.
28. Takes an active role in contract negotiations for all personnel, and recommends contract proposals which are intended to best serve the interests of the district.
29. Meets and confers with leaders of the teachers association and others, representing the interest and directives of the Board.
D. Educational Leadership
30. Understands and keeps informed regarding all aspects of the instructional program.
31. Implements the district’s philosophy of education.
32. Participates with staff, Board, and community in studying and developing curriculum improvement.
33. Organizes a planned program of staff evaluation and improvement.
34. Provides democratic procedures in curriculum work, utilizing the abilities and talents of the entire professional staff and lay people of the community.
35. Encourages others to highest professional standards.
E. Business and Finance
36. Keeps informed on needs of the school program: plant, facilities, equipment, and supplies.
37. Supervises operations, insisting on competent and efficient performance.
38. Determines that funds are spent wisely, and adequate control and accounting are maintained.
39. Evaluates financial needs and makes recommendations for adequate financing.
F. Personal Qualities
40. Defends principle and conviction in the face of pressure and partisan influence.
41. Maintains high standards of ethics, honesty, and integrity in all personal and professional matters.
42. Earns respect and standing among his/her professional colleagues.
43. Devotes his/her time and energy effectively to his/her job.
44. Demonstrates his/her ability to work well with individuals and groups.
45. Exercises good judgment and democratic processes in arriving at decisions.
46. Possesses and maintains the health and energy necessary to meet the responsibilities of his/her position.
47. Maintains poise and emotional stability in the full range of his/her professional activities.
48. Is suitably attired and well groomed.
49. Uses language effectively in dealing with staff members, the Board, and the public.
50. Writes clearly and concisely.
51. Speaks well in front of large and small groups, expressing his/her ideas in a logical and forthright manner.
52. Thinks well when faced with an unexpected or disturbing turn of events in a large group meeting.
53. Maintains his/her other professional development by reading, course work, conference attendance, work on professional committees, visiting other districts, and meeting with other Superintendents.
Note : Prior regulation, Regulation 2001.1R, revised
Edited for clarity.
Please verify that this form is currently being used for the Superintendent’s evaluation.
a*d
0330
EVALUATION OF PROFESSIONAL STAFF
The Board of Education recognizes that a well-developed and rigorously administered evaluation process is key to securing and maintaining an effective district workforce. The Board views the evaluation of professional staff as an essential growth tool for improving individual performance and the district's overall ability to meet its educational objectives. The Board of Education believes that student performance must guide the professional evaluation process. To these ends, the performance of all professional staff will be reviewed and evaluated at least annually in accordance with the regulations of the Commissioner. The purposes of teacher and administrator evaluations are:
1. to clarify the duties and responsibilities of staff;
2. to enrich, develop, and improve effective professional skills and performance by:
a. informing each staff member of how his or her performance is perceived in relation to the expectations of the district; and
b. identifying an individual's strengths and weaknesses;
c. recognizing superior teaching and encouraging its continuance;
3. to provide the teacher and the administration with a permanent record of teaching performance;
4. to enhance the instructional program by providing individual staff members with methods by which performance may be improved; and
5. to provide the Board and the Superintendent with accurate and timely assessments of employee performance to enable them to fulfill their legal responsibilities in making personnel decisions, including the granting of tenure or voting disciplinary charges.
As part of its oversight responsibilities for the school district, the Board shall ensure that evaluations are conducted regularly, that the results of the evaluations are thoroughly documented, and that administrators are properly trained to conduct evaluations. The Superintendent is responsible for administering the evaluation process.
The procedures and guidelines for formal observations and evaluations of teachers and administrators shall be those agreed to with the employee organization(s) representing such professional staff and set forth in their respective collective bargaining agreements.
Cross-ref : 9220, Staff Qualifications
Ref : Education Law §3031
8 NYCRR §100.2(o)(1)
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
0330-R
EVALUATION OF PROFESSIONAL STAFF REGULATION
Teacher Evaluations
The District’s Annual Professional Performance Review Plan (APPR), adopted by the Board of Education, will provide specific details on implementing the requirements for tenure and probationary teachers. The following provisions apply:
1. Probationary teachers shall have at least four classroom observation reports annually, two prior to end of the first semester.
2. Tenured teachers, not approved for an APPR alternative, shall have at least two classroom observation reports annually, one each semester.
3. There shall be an annual Evaluation Report for each teacher.
The report prepared will give the summary statement of a teacher’s performance, contributions to the school and community, professional advancement, and other factors that are considered relevant. It is completed in triplicate with one copy forwarded to the Superintendent, one for the building personnel file, and the original to the teacher. Each teacher shall be offered and opportunity to confer with the principal concerning any written evaluation. There will be an annual review of evaluation procedures with all teachers.
0340
EVALUATION OF SUPPORT STAFF
The Board of Education believes that the evaluation of support staff is an essential component of supervision and decision-making regarding staff promotions and retention. Evaluations of support staff will be conducted as follows:
1. The Building Principals will be responsible for the evaluation of building custodial personnel. Three written evaluations shall be submitted to the Assistant Superintendent for Business.
2. The Director of Buildings and Grounds will be responsible for the evaluation of district maintenance personnel. The building principals will be involved in the evaluation of district maintenance personnel. Three written evaluations will be submitted to the Assistant Superintendent for Business.
3. The Assistant Superintendent for Business will be responsible for the evaluation of the Director of Buildings and Grounds. An annual written evaluation shall be filed with the Superintendent.
4. The Building Principals will be responsible for the evaluation of classroom aides, media assistants and noon hour aides. An annual written evaluation shall be filed with the Superintendent.
If the support staff member is represented by an employee organization, then the evaluation will be in accordance with the terms of the applicable collective bargaining unit.
The purposes of support staff evaluations are:
1. to provide an objective basis for employee improvement; and
2. to ensure that employees meet performance standards.
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/0 |