5405

 Wellness Policy on Nutrition and Physical Activity

Valley Stream School District Thirteen is committed to providing a school environment that promotes and protects children's health, well being and the ability to learn by supporting healthy eating and physical activity. Pursuant to Section 204 of the Child Nutrition and Women, Infants and Children Reauthorization Act of 2004, the District establishes the following Wellness Policy to enhance the learning and development of lifelong wellness practices.

Children need access to an environment that encourages the intake of healthful foods and participation in lifelong physical activity in order to grow, learn and thrive. Healthy eating, and adequate physical activity and good health foster student attendance and education. Therefore, it is the policy of Valley Stream District Thirteen that:

1. The school district engages students, parents, teachers, food service professionals, health professionals, and other interested community members in developing, implementing, monitoring, and reviewing district-wide nutrition and physical activity policies.
2. All students in grades K-6 have opportunities, support, and encouragement to be physically active on a regular basis.
3. Foods and beverages sold or provided at schools meet or exceed nutrient standards recommended by the Wellness Committee and reviewed on a regular basis by the Board of Education; these standards will be consistent with the U. S. Dietary Guidelines.
4. Students are provided with access to a variety of affordable, nutritious, and appealing foods that meet the health and nutrition needs of students; and will provide clean, safe and pleasant settings and adequate time for students to eat.
5. All schools in our district participate in the National School Lunch Program.
6. Schools provide nutrition education and physical education to foster lifelong habits of healthy eating and physical activity, and establish linkages between health education and school meal programs, and with related community services.

1st Reading      May 23, 2006
2nd Reading & Adoption June 20, 2006

WELLNESS REGULATIONS

1. Nutrient Standards

All food sold to or provided to children in the Valley Stream Thirteen District meets the following nutrient standards:

Snacks
All snacks sold by Valley Stream Thirteen are regulated based upon the following criteria:

1. Total fat equal to or less than 7 grams of fat per serving
2. Saturated fat equal to or less than 2 grams per serving
3. Sodium equal to or less than 360 milligrams per serving
4. Sugar equal to or less than 15 grams per serving
5. No artificial sweeteners
6. All snacks must be provided in single serving packages
7. No hydrogenated oils
8. No high fructose corn syrup

Beverages
            All beverages are regulated based upon the following criteria:

1. Total fat equal to or less than 3 grams per 8 ounce serving
2. Sweetened beverages must meet the following standards:
1. Sugar equal to or less than 18 grams per 8 ounce serving *
2. Container size less than or equal to 12 ounces
3. Sodium equal to or less than 200 milligrams per serving
4. No artificial sweeteners

*One hundred percent (100%) fruit juices are an exception to the sugar standard since they naturally provide 26-30 grams of sugar per 8 ounce serving. Fruit juice also provides many nutrients, and confers health benefits in moderate portions. Therefore, 100% fruit juice can be provided in containers that are 12 ounces or less.

Meals

1. Reimbursable meals served in the cafeteria will meet USDA standards and be consistent with the US Dietary Guidelines
   

2. Use of Food in the Classroom / School Building

Beginning in the 2007-2008 school year, food for birthday celebrations will no longer be permitted. Birthdays will be celebrated with activities or non-food items. Teachers and parents will be been given a list of suggestions for alternative classroom birthday celebration ideas.

All other grade level celebrations taking place during the school day must be done with non-food items only. Celebrations occurring after school hours may include food items.
 
The annual end of the year picnic will continue as planned and may include food items.

Unless otherwise specified by an IEP, food will not be used for instructional purposes.

3. Fundraising

            Food cannot be sold as a fundraiser on school grounds during the school day.

4. Physical Education

Physical education is a planned sequential program of curricula and instruction that helps students develop the knowledge, skills, and confidence necessary for an active lifestyle. Activities that students will participate in will be appealing and will focus on a wide variety of lifelong activities that students will learn.

5. Food/Physical Activity

Teachers and other school personnel will not withhold physical activity except in instances of health and safety or where alternative disciplinary measures have been exhausted.

6. Health Education

Health education is integrated into classroom instruction on all grade levels.

1st Reading and Adoption July 9, 2007

5420

STUDENT HEALTH SERVICES

The Board of Education recognizes that good student health is vital to successful learning and acknowledges its responsibility, along with that of parent(s) or guardian(s), to protect and foster a safe and healthful environment for the students.

The school shall work closely with students' families to provide detection and preventive health services. In accordance with law, the school will provide vision, hearing, dental inspection and scoliosis screening. Problems shall be referred to the parent(s) or guardian(s) who shall be encouraged to have their family physician/dentist provide appropriate care.

In order to enroll in school, a student must submit a health certificate within 30 calendar days after entering school and upon entering second and fourth grades. The examination, which must conform to state requirements, must have been conducted no more than 12 months before the first day of the school year in question. If a student is unable to furnish the health certificate, the school will provide a physical examination by a licensed provider. A request for exemption from the physical examination, or the requirement to provide a health certificate, must be made in writing to the school principal or designee, who may require documents supporting the request. The only basis for exemption is a claim that the physical examination is in conflict with the parent or guardian’s genuine and sincere religious belief.

The Board recognizes that the State of New York may authorize and require the collection of data from health certificates in furtherance of tracking and understanding health care issues that affect children. The Board supports these efforts and expects administrators to cooperate and to observe the appropriate laws and regulations in carrying out those responsibilities, including those that relate to student privacy.

In addition, students will be asked to provide a dental health certificate when they enroll in school and in accordance with the same schedule as the health certificate.

A permanent student health record shall be part of a student's cumulative school record and should follow the student from grade to grade and school to school along with his/her academic record. This record folder shall be maintained by the school nurse.

Schools shall also provide emergency care for students in accidental or unexpected medical situations. Each school in the district will include in its emergency plan a protocol for responding to health care emergencies, including anaphylaxis.

Communicable Diseases

It is the responsibility of the Board to provide all students with a safe and healthy school environment. To meet this responsibility, it is sometimes necessary to exclude students with contagious and infectious diseases, as defined in the Public Health Law, from attendance in school. Students will be excluded during periods of contagion for time periods indicated.

It is the responsibility of the Superintendent of Schools, working through district health personnel, to enforce this policy and to contact the county or local health department when a reportable case of a communicable disease is identified in the student or staff population.

Administering Medication to Students

Neither the Board nor district staff members shall be responsible for the diagnosis or treatment of student illness. The administration of prescribed medication to a student during school hours shall be permitted only when failure to take such medicine would jeopardize the health of the student, or the student would not be able to attend school if the medicine were not made available to him/her during school hours, or where it is done pursuant to law requiring accommodation to a student's special medical needs (e.g., Section 504 of the Rehabilitation Act of 1973). "Medication" will include all medicines prescribed by a physician.

Before any medication may be administered to or by any student during school hours, the Board requires:

1. the written request of the parent(s) or guardian(s), which shall give permission for such administration and relieve the Board and its employees of liability for administration of medication; and
2. the written order of the prescribing physician, which will include the purpose of the medication, the dosage, the time at which or the special circumstances under which medication shall be administered, the period for which medication is prescribed, and the possible side effects of the medication.

Both documents shall be kept on file in the office of the school nurse.

In addition, in accordance with Education Law 919, the district shall make a nebulizer available on-site in school buildings where nursing services are provided. Students with a patient-specific order, who require inhaled medications, shall have access to the nebulizer. The district will ensure that it is maintained in working order.

Life-Threatening Allergies and Anaphylaxis Management

The Board recognizes its role and responsibility in supporting a healthy learning environment for all students, including those who have, or develop, life-threatening allergies. The district will work cooperatively with the student, their parent/guardian and healthcare provider to allow the child to participate as fully and as safely as possible in school activities. When a student has a known life-threatening allergy reported on their health form or if the district has been informed by the parent of the presence of a life-threatening allergy, the district will assemble a team, which may include the parent, the school nurse, the child’s teacher, the building principal and other appropriate personnel, which will be charged with developing an individual health care plan. The plan will be maintained by the school nurse. The plan will guide prevention and response. If the student is eligible for accommodations based upon the IDEA, Section 504 or the Americans with Disabilities Act, the appropriate procedures will be followed regarding identification, evaluation and implementation of accommodations.

Regulations

The Superintendent shall develop comprehensive regulations governing student health services. Those regulations shall include the provision of all health services required by law, procedures for the maintenance of health records, and procedures for the administering of medication to students.

Cross-ref:
4321, Programs for Students with Disabilities
5020.3, Students with Disabilities and Section 504
5550, Student Privacy
8130, School Safety Plans and Teams

Ref:
Education Law §§310 (provisions for appeal of child denied school entrance for failure to comply with immunization requirements); 901 et seq. (medical, dental and health services, BMI reporting); 919 (provide and maintain nebulizers); 6909 (emergency treatment of anaphylaxis)
Public Health Law §§613 (annual survey); 2164 (immunization requirements)
8 NYCRR § 64.7 (administration of agents to treat anaphylaxis); Part 136 (school health services program)
Administration of Medication in the School Setting Guidelines, State Education Department, revised April 2002
Immunization Guidelines: Vaccine Preventable Communicable Disease Control, State Education Department, revised August 2000
Making the Difference: Caring for Students with Life-Threatening Allergies, New York State Department of Health, New York State Education Department, New York Statewide School Health Service Center, June 2008

1s Reading: March 24, 2009
2nd Reading and Adoption: April 28, 2009

5420-R

STUDENT HEALTH SERVICES REGULATION

 A. Immunization

Children must receive immunizations for diphtheria, polio, measles, mumps, rubella, hepatitis B, Haemophilus Influenzae Type b (Hib), pertussis, tetanus, pneumococcal disease (for children born on or after January 2008) and varicella prior to entering or being admitted to school.

Parents must provide acceptable proof indicating required receipt of all vaccines in accordance with law and regulations. A child may be excluded from the immunization requirements based on a physician determined health reason or condition. This medical exemption must be signed by a physician licensed to practice in New York State. A child may also be excluded from the immunization requirements because the child’s parent/guardian holds a genuine and sincere religious belief which is contrary to the practice of immunization.

A child will not be admitted to school or allowed to attend school for more than 14 days without an appropriate immunization certificate or acceptable evidence of immunization. This period may be extended to 30 days on a case-by-case basis by the Building Principal if the child is transferring from another state or country and can show a good faith effort to get the necessary certification or other evidence of immunization.

When a student transfers out of the district, the parent/guardian will be provided with an immunization transfer record showing the student’s current immunization status which will be signed by the school nursing personnel or the school physician. A transcript or photocopy of the immunization portion of the cumulative health record will be provided to the new educational institution upon request.

B. Administering Medication to Students in School

The administration of prescribed medication to a student during school hours is permitted only when the medication is necessary to allow the student to attend school or failure to administer the medication would seriously affect the student's health.

Parent(s) or guardian(s) must present the following information:

1. a note from the family doctor containing the following information: student's name, the date and name of the medicine, dosage and time to be administered, and list of possible side effects; and,
2. a note from the parent(s) or guardian(s) giving the school nurse, teacher, Principal or other school staff permission to administer the medication; or
3. a medication request form (which includes the family doctor and parent signatures) must be filed with the school nurse.

The school nurse shall develop procedures for the administration of medication, which require that:

1. all medications will be administered by a licensed person unless the child is self-directed;
2. medications shall be securely stored in the office and kept in their original labeled container, which specifies the type of medication, the amount to be given and the times of administration; the school nurse shall maintain a record of the name of the student to whom medication may be administered, the prescribing physician, the dosage and timing of medication, and a notation of each instance of administration; and
3. all medications shall be brought to school by the parent(s) or guardian(s) and shall be picked up by the parent(s) or guardian(s) at the end of the school year or the end of the period of medication, whichever is earlier. If not picked up within five days of the period of medication, the medication shall be discarded.

An adult must bring the medication to school in the original container. The administering staff member should clearly label the medication with the time to be given and dosage.

Administering medication on field trips and at after-school activities. Taking medication on field trips and at after-school activities is permitted if a student is self-directed in administering their own medication. On field trips or at other after-school activities, teachers or other school staff may carry the medication so that the self-directed student can take it at the proper time.

If a student is going on a field trip but is not self-directed (i.e., fully aware and capable of understanding the need and assuming responsibility for taking medicine), then the district may:

• permit the parent or guardian to attend the activity and administer the medication.
• permit the parent to personally request another adult who is not employed by the school to voluntarily administer the medication on the field trip or activity and inform the school district in writing of such request.
• allow the student’s health care provider to be consulted and, if he/she permits, order the medication time to be adjusted or the dose eliminated.

If no other alternative can be found, a school nurse or licensed person must administer the medication.

Administering epi-pen in emergency situations. The administration of epinephrine by epi-pen has become an accepted and extremely beneficial practice in protecting individuals subject to serious allergic reactions (e.g., individual has an anaphylactic reaction to a wasp sting or the ingestion of peanut butter).

Pursuant to Commissioner’s regulations, registered professional nurses may carry and administer agents used in non-patient specific emergency treatment of anaphylaxis. In this regard, the school physician or certified nurse practitioner may provide non-patient specific standing orders and protocols for the treatment of anaphylaxis.

In addition, pursuant to SED guidelines, school nurses may provide training to unlicensed school staff in administering epi-pens, prescribed by a licensed prescriber, to a child who has been diagnosed with the potential for a severe reaction, in the event of the onset of a serious allergic reaction when a nurse is not available.

C. Student Medical Exams

In accordance with Sections 903 and 904 of the state Education Law, each student shall have a physical exam given by the school doctor or family physician (including a physician, physician assistant or nurse practitioner) upon entrance to school and at grades kindergarten, two and four. Findings are to be kept on record at the school on forms that can be obtained from the school nurse. In addition, the school will request a dental health certificate according to the same schedule.

A student may be excluded from the medical examination requirements because the child’s parent/guardian holds a genuine and sincere religious belief which is contrary to medical examinations. The request for exemption must be in writing to the principal or his/her designee.

In the event that the student’s medical history reveals that they have a known life-threatening allergy, the school nurse, in conjunction with the family, student, child’s teacher, and other appropriate staff, will develop and implement an individual health care plan which will guide prevention and response.

The district will work with students in the self-management of their life-threatening allergy, or other chronic health conditions, by:

1. Adequately training staff involved in the care of the child.
2. Assuring the availability of the necessary equipment and/or medications.
3. Providing appropriately licensed and trained persons on school premises, as required by law.
4. Providing ongoing staff and student education.

D. Illness in School
If a student becomes ill in school:

1. The nurse will determine if the student should remain in the dispensary or return to class.
2. The nurse will call the parent, guardian or substitute parent if he/she feels the student should go home. In general, a parent or guardian will pick up the student from school.
3. If no parent, guardian or substitute parent picks up the student at school, or if no parent/guardian or substitute parent will be home, the student will remain in the nurse's office until such time as a parent, guardian or substitute parent becomes available to assume responsibility for the child.

E. Head Lice

When a student is found to have lice, nits (lice eggs), or nit cases, the infected child will be sent home from school for appropriate treatment. Care instructions will be sent home to the family. Notices will be sent home to all parents of students on the grade level.

Before readmission to school, the school nurse will re-examine the student. (If nits are found, the student will again be sent home for completion of nit removal. Removal of all nit casings gives greater assurance that the child will not return to school with viable nits and spread the infection. Each student will be expected to return to school within 48 hours.)

Cases will be reported to the other building principals and school nurses in the district so that siblings may be checked. Also, the nurse will check students in any clubs or athletic programs that the child may attend.

Medical Emergency Record

All students shall have on file a medical emergency record which shall state the name and telephone numbers of the following:

1. the student's parent(s) or guardian(s) at home and work;
2. the student's next of kin;
3. a neighbor;
4. the family physician;
5. preferred hospital;
6. any allergies or serious health conditions.

1st Reading: March 24, 2009
2nd Reading & Adoption: April 28, 2009

5420.1

 PROCEDURES FOR ADMINISTRATION OF MEDICATION TO STUDENTS

A. Introduction

It is the responsibility of the school district, through its school nursing personnel, to establish a secure, easy to understand and safe medication delivery system. Only those medications which are necessary to maintain an optimal state of health, maintain the student in school, and enable the student to participate more fully in the educational program may be administered. This policy shall be communicated to staff, parents/guardians and students through the student handbook, special mailings and any other reasonable means.

B. Physician Orders

1. Before medication can be administered, a written order from a duly licensed prescriber and a written statement from the parent/guardian requesting administration of the medication in school are required.

2. Written orders for prescription and nonprescription medications must minimally include:

• Student’s name and date of birth.
• Name of medication.
• Dosage and route of administration.
• Frequency and time of administration.
• Date written.
• Prescriber’s name, title, signature and phone number.

3. The school nurse may request additional information, such as self-administration orders, diagnosis and/or potential adverse reactions. However, medication delivery will not be delayed pending additional information, unless in the opinion of the school physician [or school nurse] such information is essential to the safe administration of medication.

C. Parental Responsibilities

1. The parent/guardian is responsible for delivering the medication directly to the health office in a properly labeled original container. The medication shall contain a physician’s order in accordance with the provision of this Policy.

2. OTC medications must be in the original manufacturer’s container/package with the student’s name affixed to the container. The same applies to drug samples.

3. If a student fails to come to the health office for his or her medication, building administration shall assist health office personnel in locating the student. If the medication has not been given for any reason within the prescribed time frame, the school will make all reasonable efforts to notify the student’s family that day.

4. If a student repeatedly fails to come for medications, the school nurse will contact the parent/guardian to address the problem.

D. Responsibility of School Nursing Personnel

1. The school nurse shall develop procedures for the administration of medication, which require that:

• All medications will be administered by the school nurse, in accordance with this Policy;
• Medications shall be securely stored in the health office and kept in their original labeled container, which specifies the type of medication, the amount to be given and the times of administration;
• The school nurse shall maintain a record of the name of the student to whom medication may be administered, the prescribing physician, the dosage and timing of medication, and a notation of each instance of administration; and
• All medications shall be brought to school by the parent/guardian and shall be picked up by the parent/guardian at the end of the school year or the end of the period of medication, whichever is earlier. If not picked up within five days after the period of medication expires, the medication shall be discarded.

2. School nursing personnel shall be required to:

• Observe and evaluate the student’s health status and response to medication, informing parent/guardian, or prescriber as deemed necessary.
•  
• Educate the student regarding the importance of medication and encourage the student’s self-directed involvement in the process, including coming to the health office on time and receiving or taking medications.

• Involve school staff only as needed to ensure student safety and only where disclosure of health information is permitted by law.

E. Administering Medication (Oral, Topical, Injectable or Inhalant) on Field Trips and at After- School Activities

1. The school nurse shall be responsible for preparing medication for out-of-school trips.

2. A self-directed student (i.e., capable and competent of understanding the need for the medication and able to correctly administer the medication) may take medication on field trips and at after-school activities. However, teachers or other school staff should carry the medication so that the self-directed student can take it at the proper time. The school nurse shall be responsible for oversight.

3. If a student is attending a field trip, but is not self-directed, the school district may:

• Permit the parent/guardian to attend the activity and administer the medication.
• Permit the parent/guardian to personally request another adult who is not employed by the school to voluntarily administer the medication on the field trip or activity and inform the school district in writing of such request with oversight by the school nurse.

• Allow the student’s health care provider to be consulted and, if he/she permits, order the medication time to be adjusted or the dose eliminated.

If no other alternative can be found, a school nurse or licensed practical nurse under the direction of the school nurse must administer the medication.

F. Storage of Medications

1. No medication may be brought to school without knowledge of the health office.

2. All medications, except as otherwise arranged, must be properly stored and secured within a health office cabinet, drawer or refrigerator designated for medications only. The site must include a lock for the cabinet, drawer and refrigerator, as well as a lock to the outside health office door.

3. Controlled substances must always be secured and must never be left open or accessible to the public at any time. Even self-directed students will not be given unsupervised access to controlled substances under the care of the school.

G. Administering Medication in Emergency Situations

1. The use of epi-pens in schools has become a common method of protecting children against severe reactions they may encounter during school hours. Pursuant to Commissioner’s Regulations, 8 N.Y.C.R.R. §64.7(b), school nurses may carry and administer anaphylaxis treatment agents, including but not limited to epinephrine for the emergency treatment of anaphylaxis, pursuant to a non-patient specific order and protocol prescribed and ordered by a licensed physician or a certified nurse practitioner. For example, this allows a school nurse or a licensed practical nurse under the direction of a school nurse responding to an emergency in which an individual has an anaphylactic reaction to a wasp sting or the ingestion of peanut butter to administer treatment such as an epi-pen.

2. Moreover, the administration of epinephrine by epi-pen prescribed by a licensed prescriber to a student with a known severe allergy may be performed by a staff member in an emergency situation pursuant to the Education Law and the Good Samaritan Law. The District may provide training through the school nurse or physician to staff on the use of an epi-pen in an emergency situation when a nurse or other licensed health care provider is unavailable.

H. Specialized Medication

1. Any prescribed medication which requires administration through a subcutaneous, intramuscular, intravenous or rectal route; or prescribed medications being administered through pumps, tubes or nebulizers; or oral, topical or inhalant medication needed by non-self-directed students must be given by school nursing personnel or licensed practical nurses under the direction of school nursing personnel. Administration of such prescribed medications may not be performed by school staff.

2. Designated staff in the school setting, following assignment and in conjunction with approval by school nursing personnel, may assist self-directed students with the taking of their own oral, topical and inhalant medication, provided that such staff member has received the training and supervision needed to perform these tasks in a safe and effective manner, and voluntarily opts to do so.

1. If school nursing personnel receive a request from a parent/guardian and licensed prescriber to permit a student to carry and self-administer his/her own prescribed medication, such decisions will be made on an individual basis and in accordance with the following criteria:

• Severity of health care problems, particularly asthmatic or allergic conditions;
• Licensed prescriber’s order directing that the student be allowed to carry her/his medication and self-administer;
• Parent/guardian written statement requesting compliance with licensed prescriber’s order;
• Whether the student has been instructed in the procedure of self-administration and can assume responsibility for carrying properly labeled medication in original container on her or his person or keeping in school or physical education locker;
• School nursing assessment that student is self-directed to carry and self-administer her/his medication properly;
• Parent/guardian contact made to clarify responsibility to monitor the student on an ongoing/daily basis to insure that the student is carrying and taking medication as ordered. This contact must be documented.

2. Any student self-administering medication without proper authorization will be counseled by the school nursing personnel. In addition, the parent/guardian and building principal will be notified. In some instances, school administration may be informed. The building principal is responsible to notify the Superintendent of Schools of all such situations.

J. Record Keeping

1. School nursing personnel shall maintain accurate records of the medication administered, any special circumstances related to the procedure, and student’s reactions/responses.

2. The following procedure for record keeping shall be followed:

• Retain the written order from the prescriber;
• Retain the parent request letter;
• Retain pertinent information about medication on cumulative health record;
• Maintain an individual daily medication record for each student taking medication during time frame medication is being given;
• Periodically summarize daily medication record on cumulative health record.

1 st Reading 10/22/02

2 nd Reading & Adoption 11/26/02

EXHIBIT 1

SAMPLE AUTHORIZATION FORM

PARENT AND PRESCRIBER’S AUTHORIZATION FOR

ADMINISTRATION OF MEDICATION IN SCHOOL

Authorization for Administration of Medication

To be completed by the parent or guardian:

I request that my child _______________ grade ___ receive the medication as prescribed below by our licensed health care prescriber. The medication is to be furnished by me in the properly labeled original container from the pharmacy. I understand that the school nurse will administer the medication or an adult will supervise my child taking his/her own medication.

Signature (Parent or Guardian): ___________________________________________________

Address: _____________________________________________________________________

Telephone: Home __________________ Work ___________________ Date: ______________

B. To be completed by the licensed health care prescriber:

I request that my patient, as listed below, receive the following medication:

Name of student: _________________________________ Date of Birth: ________________________

Diagnosis: __________________________________________________________________________

Name of Medication: _________________________________________________________________

Prescribed Dosage, Frequency and Route of Administration: __________________________________

___________________________________________________________________________________

Time to be Taken During School Hours: __________________________________________________

Duration of Treatment: ________________________________________________________________

Possible Side Effects and Adverse Reactions (if any): ________________________________________

______________________________________________________________________________

Other Recommendation: _______________________________________________________________

______________________________________________________________________________

Name of Licensed Prescriber and Title (please print): ________________________________________

Prescriber’s

Signature: ____________________________________ Date: ________________________________

Address: _____________________________________ Phone: ________________________________

DAILY MEDICATION LOG

Name: __________________________ Grade: _____________ School: ___________________

Medication and Dosage: _________________________________________________________

Frequency and Time: ______________ Date Begun: _____________ Date to End:___________

Prescriber’s Name: _______________________ Telephone Number: _____________________

Parent’s Name: __________________________ Telephone Number: _____________________

EXHIBIT 3

SELF-MEDICATION RELEASE FORM

Date: __________________

Child’s Name: ________________________________________________________________

has been instructed in the proper use of the following medication procedures: ______________

____________________________________________________________________________

We, (Physician’s signature) ______________________________________________________

and (Parent or Guardian’s signature) _______________________________________________,

request that (Child’s name) __________________________ be permitted to carry the medication on his/her person to keep same in his/her desk, as we consider him/her responsible. He/she has been instructed in and understands the purpose and appropriate method and frequency of use. We also release the school district from any liability which may arise in connection with this request and/or the child’s administration of medication during the school day and/or at school functions and/or during after school activities.

 DRUG AND ALCOHOL ABUSE

The Board of Education is committed to the prevention of alcohol and other substance use/abuse. This policy describes the philosophy of the district and the program elements the district will use to promote healthy life styles for its students and to inhibit the use/abuse of alcohol and other substances.

The term “alcohol and/or other substances” shall be construed throughout this policy to refer to the use of all illegal substances including, but not limited to, alcohol, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any of those substances commonly referred to as “designer drugs.” No student may use, possess, sell, or distribute alcohol or other substances, nor may use or possess drug paraphernalia, on school grounds or at school-sponsored events, except medication as prescribed by a physician. The unauthorized and inappropriate use of prescription and over-the-counter drugs shall also be prohibited.

Additionally, the following persons shall be prohibited from entering school grounds or school-sponsored events: any person exhibiting behavior, conduct, or personal or physical characteristics indicative of having used or consumed alcohol and/or other substances, or any person who school personnel have reasonable grounds to suspect has used alcohol and/or other substances.

Any staff member observing narcotics possession or usage by students shall report the incident immediately to the Building Principal or Superintendent of Schools. The Superintendent or his/her designee shall then take immediate action. Any narcotics found shall be confiscated immediately, followed by notification to the parent(s)/guardian(s) of the student(s) involved and the appropriate disciplinary action taken. In its effort to maintain a drug-free environment, the district shall cooperate to the fullest extent possible with local, state and/or federal law enforcement agencies. Law enforcement personnel will not be permitted to interview a student without a parent or guardian present.

In order to educate students on the dangers associated with substance abuse, the health education curriculum shall include instruction concerning drug abuse for grades K-6.

The district will use the following principles as guides for the development of its substance use/abuse prevention efforts and for any disciplinary measures related to alcohol and other substances:

• Alcohol and other substance use/abuse is preventable and treatable.

• Alcohol and other substance use/abuse inhibits the district from carrying out its central mission of educating students.

• The behavior of the Board, the administration, and all school staff should model the behavior asked of students.

• While the district can and must assume a leadership role in alcohol and other substance use/abuse prevention, this goal will be accomplished only through coordinated, collaborative efforts with parents, students, staff, and the community as a whole.

Cross-ref : 5300, Code of Conduct

Ref : Drug-Free Schools and Communities Act, 20 U.S.C. §§3171 et seq.

20 U.S.C. §114-5g

42USC §§5101, 11841

34 CFR Part 86

Education Law §§804; 912-a; 3214

General Municipal Law §239-u

Mental Hygiene Law §19.07(c)

Penal Law §§220.00 et seq.

Public Health Law, Article 33

8 NYCRR §§100.2(c); 135.3

New Jersey v. T.L.O ., 469 U.S. 325 (1985)

Odenheim v. Carlstadt-East Rutherford Region School District , 211 N.J. Super. 54, 510 AD2d 709 (1985)

People v. Scott D., 34 NY2d 483 (1974)

Matter of Wilson, 28 EDR 254 (1988)

Matter of Pollnow, 22 EDR 547 (1983)
Matter of Vetter, 20 EDR 547 (1981)

Matter of Rodriguez, 8 EDR 214 (1969)

 1 st Reading 4/29/03

2 nd Reading & Adoption 5/27/03

5450

 STUDENT SAFETY

The Board of Education recognizes the district's responsibility for ensuring the safety of all students in school buildings, on school grounds, and while participating in school activities.

The safety of all students shall be the responsibility of all staff members. The Superintendent of Schools, Building Principals, and all members of the school staff and school contracted agents will make every effort to assure the safety of district students when they are on school premises, including time spent on school buses. It is the responsibility of the Principals and teachers to arrange for adequate supervision of children at all times. Special attention will be given to accident prevention and to the development of habits of responsible citizenship.

In case of accident or injury, students shall receive first aid from the nurse, teacher, or other trained employee nearest the scene. The nurse or teacher shall notify the parent(s) as soon as possible or, if neither parent(s) nor guardian(s) is available, the family or school physician shall be notified.

In addition, school personnel shall be conscious of suspicious strangers loitering in or near the school. The building principal shall notify law enforcement agencies if the circumstances seem to warrant it. Students shall be instructed to notify teachers, their parents/guardian(s), police or school officials of any suspicious strangers.

Safety Measures

1. Fire drills are to be conducted on a regular basis and at least as often as required by law.

2. The Superintendent is responsible for a decision to close school or to evacuate the schools in case of emergency

3. The District and/or building SAVE Plan will be implemented as warranted.

The safety and welfare of the children is to be the prime consideration in such decisions.

Cross-ref : 4315.2, Safety Education

5450.1, Notification of Releases of Sex Offenders

8100, Safety Program

8115, Pesticides and Pest Management

8120, Accident Prevention and Safety Procedures

8123.1, Contagious Diseases

8130, Emergency Plans

8132, Fire Drills

8414, School Bus Safety

Ref : Education Law §§806; 807; 808; 3212-a

8 NYCRR §§107.l; 141.10

 1 st Reading 9/24/02

2 nd Reading & Adoption 10/22/02

 NOTIFICATION OF RELEASE OF SEX OFFENDERS

The Board of Education recognizes its responsibility for the health, safety and welfare of the students enrolled in the district schools and for those youngsters participating in district program or events. In light of that responsibility, the Board desires that appropriate precautionary measures be taken in the event the district shall receive information from an appropriate law enforcement agency regarding convicted sex offenders who reside within the district’s boundaries.

Whenever such information is received from a local law enforcement agency, or other appropriate office, information shall be disseminated by the Superintendent of Schools or his/her designee to the following:

1. central office administrators;

2. Building Principals;

3. security personnel;

4. people responsible for monitoring persons visiting on school district property;

5. individuals supervising students’ arrival or departure from school;

6. playground supervisors;

7. custodians;

8. club and intramural activity advisors, athletic coaches;

9. bus drivers and/or bus monitors;

10. safety escorts;

11. all staff members;

12. anyone else identified by the Superintendent on a need to know basis;

13. Board of Education; and

14. Parents

15. Valley Stream Superintendents

All parties who receive notification will be advised that it is a violation of the law to use the information they receive to harass or discriminate against the individual. In addition, staff shall be instructed not to further disclose such information.

Such personnel shall further be instructed to notify their immediate supervisor in the event they observe any suspicious person in an area where children congregate, and supervisors and Building Administrators will contact local parole and law enforcement authorities, if a convicted sex offender is so observed.

The Administration shall notify the Division of Parole and all law enforcement authorities having jurisdiction within the district, by certified or registered mail, return receipt requested, of the names and address of all private schools and non-school groups which provide services or programs to children on or within school facilities. The Administration shall request that the Division of Parole and law enforcement authorities provide such schools and/or groups with the information that has been provided to the district.

The Administration shall confer with the school attorneys with respect to any questions concerning the application of this policy.

This policy shall be disseminated at least once a year to all district residents.

Cross-ref: 1120, School District Records

5300, Code of Conduct

5450, Student Safety

Ref: 42 U.S.C. §14071(e)

Correction Law, Article 6-C (Sex Offender Registration Act)

Doe v. Pataki, 1998 WL 230955 (S.D.N.Y. May 7, 1998) (current injunction)

Doe v. Pataki, 120 F.3d 1263 (2d. Cir. 1997), cert. denied, 118 Sup. Ct. 1066 (1998)

1 st Reading 4/29/03

2 nd Reading & Adoption 5/27/03

5460

 CHILD ABUSE IN A DOMESTIC SETTING

The professional staff of public schools are mandatory reporters of suspicions of child abuse and/or neglect. As mandatory reporters they are required by law to report such suspicions by phoning the Statewide Child Abuse Registry, known as the “Hotline,” using the uniform procedure outlined below. Failure to report such suspicions is a criminal act punishable as a misdemeanor.

In order to establish uniform procedures for managing the reporting obligation, each report must be made by the Building Principal in the presence of the particular staff member who actually observed or received the information which formed the basis for the suspicion. In appropriate cases, physical evidence and/or photographs should be taken of any injuries or bruises. In addition, in some instances, the staff member and Principal may refer a particular case to the building level child study team and/or the school social worker. However, if the staff believes that child abuse or neglect has occurred or is occurring, the report must be made.

Any school official or employee who has cause to suspect that the death of any child is a result of child abuse or maltreatment must report that fact to the appropriate medical examiner or coroner.

In accordance with the law, any employee who fails to report an instance of suspected child abuse or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the damages caused by the failure to report. The law grants employees and other persons who report instances of child abuse in good faith, immunity from any liability that might otherwise be incurred.

Once the hotline is called, the state will contact the local child protective services for investigation. The investigation is not within the jurisdiction of school staff. However, school staff are required to cooperate with investigators, for example, interviews with the child on school premises must be allowed. The principal or his/her designee will remain present with the child during any investigation on school premises.

School staff do not have the authority to detain a student. Therefore, in the event a staff member believes that the child’s safety and/or welfare may be in jeopardy if the child returns home after school, the staff member must contact appropriate law enforcement officials or, in an appropriate case, hospital officials. Legally, hospital and law enforcement officials may take the child into protective custody. School officials have not been given such authority.

The school district shall maintain an ongoing training program which will address the identification and reporting of child abuse and maltreatment. Attendance at sessions of this training program shall be required of all district employees who come in contact with students. Attendance records shall be kept, and notations will be made in personnel files as to the dates of attendance.

The Superintendent shall develop, with input from appropriate personnel, a plan for implementation of such a training program, to be approved by the Board. In addition, the policy and regulations will be included in all employee handbooks and distributed annually to all personnel who are not covered under existing handbooks. The Superintendent will prepare and implement all regulations as are necessary to accomplish the intent of this policy.

A copy of this policy, along with the administrative regulations explaining the reporting requirements, shall be distributed to all members of the professional staff.  

Cross-ref : 5300, Code of Conduct

5500, Student Records

Ref : Child Protective Services Act of 1973, Social Services Law §§411 et seq.

Family Court Act §1012

Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, 45 CFR §99.36

Education Law §3209-a

 1 st Reading 4/29/03

2 nd Reading & Adoption 5/27/03

5460-R

 CHILD ABUSE IN A DOMESTIC SETTING REGULATION

New York State Law (Child Protective Service Act of 1973, as amended) provides for reporting of suspected cases of child abuse by school personnel. These regulations are designed to implement this law within the district and to help protect students from the harmful effects of child abuse.

Definitions

The definition of child abuse and maltreatment is established by law.  

Abused Child, according to Social Services Law and the Family Court Act, is a child less than 18 years of age whose parent or other person legally responsible for his or her care:

• inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; or
• creates or allows to be created a substantial risk of physical injury to such a child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ; or
• commits, or allows to be committed, a sex offense against such child, as defined in the penal law, provided, however, that the corroboration requirements contained therein shall not apply to proceedings under this article.

Neglected or maltreated child, according to the Family Court Act, is a child less than 18 years of age:

• whose physical, mental, or emotional condition has been impaired or is in danger of becoming impaired as a result of the failure of his or her parents or other person legally responsible for his care to exercise a minimum degree of care:

(1) in supplying the child with adequate food, clothing, shelter, or education in accordance with provisions of Part One, Article 65 of the Education Law, or medical, dental, optometrical or surgical care though financially able to do so or offered financial or other reasonable means to do so; or

(2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by using a drug or drugs; or by using alcoholic beverages to the extent that he/she loses self-control of his/her actions; or by any other acts of a similarly serious nature requiring the aid of the court; or

b. who has been abandoned by his/her parent(s) or other person legally responsible for his/her care.

Person legally responsible includes the child's custodian, guardian, or any other person responsible for the child's care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.

Impairment of emotional health and impairment of mental or emotional condition includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out of misbehavior, including incorrigibility, un-governability, or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the parent, guardian, or custodian to exercise a minimum degree of care toward the child.

Reporting procedures and related information:

 1. All district employees (including building administrators, teachers, registered nurses, doctors, psychologists or social workers, and all other employees) who come in contact with students are required to report all cases of suspected child abuse or maltreatment to the Building Principal.

2. The Building Principal is required to:

a. inform the Superintendent of Schools of the information received; and

b. either:

(1) phone the New York State Child Abuse and Maltreatment Center (800-342-3720) and inform them verbally of the problem; or

(2) contact the above agency by telephone facsimile machine on a form supplied by the Commissioner of Social Services; and

c. file a written report with the local child protective services agency and the statewide central registry of child abuse and maltreatment within forty-eight hours after the above report.

3. The Building Principal may take photographs or cause photographs to be taken of the areas of visible trauma on the child, and/or, if medically indicated, cause an examination to be performed. Such actions may be performed at public expense if they will provide appropriate documentation when filing the report. A camera and film shall be kept at the school and be available for this purpose.

4. The written report that must be filed shall include all information which the Commissioner of Social Services may require. Copies of the report should not be filed. The Building Principal will retain in his/her office all information of the suspected case. No record will be filed with the student’s records. The Principal will make oral reports to the Superintendent regarding developments in the matter.

5. School personnel are not authorized to take a child into protective custody. If a staff member believes that a child’s life or health is in imminent danger if the child continues to live in his/her residence or with his/her current guardian, the Principal and his/her agent shall notify the appropriate police or hospital officials, or Child Protective Services. Those officials are authorized to take a child into protective custody.

 If there is a question as to whether or not a case should be referred to the Child Protective Services, the Principal and other school personnel are required to meet with the Superintendent for a case review. In any instance of doubt, the case shall be referred to the Child Protective Services for investigation.

6. If it should be necessary for Child Protective Services to interview a child at school to ascertain whether he/she has been abused or maltreated, or to obtain documentation of such acts, the interview shall be conducted in the presence of a school official.  The school official shall examine and verify the credentials of Child Protective Services worker(s) before allowing such worker(s) to either interview the child or to examine the child's records. If sexual abuse is indicated, the presence of a same-sex staff member during the interview is appropriate.

 7. The Superintendent can request a summary report of an investigation of a case referred to Child Protective Services. The adult subject of a case of suspected child abuse or maltreatment has a right to a copy of all information in the State Central register. Personnel have the right to request that information which would identify the individual making the report be withheld if furnishing such data might prove detrimental to the safety or interest of that individual.

8. All district employees who are required to report suspected child abuse shall be required to attend ongoing training sessions regarding identification and reporting of all cases of suspected child abuse.

9. All district employees who are required to report suspected child abuse shall be provided with a copy of these regulations and the related policy concerning child abuse and reporting requirements.

10. Only one report of any suspected abuse is required.

11. School personnel who, in good faith, make a report or take photographs of injuries and bruises have immunity from any liability, civil or criminal. The good faith of any person required to report cases of child abuse or maltreatment is presumed.

12. School personnel who have reasonable cause to suspect that a child has died as a result of child abuse or maltreatment shall report that fact to the appropriate medical examiner or coroner.

13. Any person required to report suspected cases of child abuse or maltreatment and who fails to do so may be found guilty of a Class A misdemeanor and may be held civilly liable for the damages caused by this failure.

14. If a report of child abuse or maltreatment has been determined to be unfounded, all records, both in the State Central Register and in school files, shall be expunged.

1 st Reading 4/29/03

2 nd Reading & Adoption 5/27/03

5465

CHILD ABUSE IN AN EDUCATIONAL SETTING

The Board of Education recognizes that children have the right to an educational setting that does not threaten their physical and emotional health and development. Child abuse by school personnel and school volunteers is illegal and violates this right and therefore is strictly prohibited.

Allegations of child abuse by school personnel or school volunteers shall be reported in accordance with the requirements of Article 23-B of the Education Law.

Required Reporters

Any person holding any of the following positions (referred to for purposes of this policy as a “required reporter”) shall be required to promptly report written and oral allegations of child abuse in an educational setting:

• board of education

• teacher

• school nurse

• school psychologist

• school social worker

• school administrator

• other school personnel required to hold a teaching or administrative license or certificate.

Other district employees/volunteers are encouraged and expected to report allegations of child abuse allegedly committed by district staff.

Definitions

For purposes of this policy, “educational setting” means the buildings and grounds of the district, the vehicles provided by the district to transport students to and from school buildings, field trips, co-curricular and extra-curricular activities both on and off school district grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.

“Child” means a person under the age of 21 enrolled in a New York State school district, other than New York City.

“Child abuse” generally refers to any intentional or reckless act by an employee or a volunteer against a child which injures or kills a child or creates a risk of injury or death, or constitutes child sexual abuse, or involves the actual or attempted dissemination of indecent materials to minors. If a required reporter or any other district employee has a question as to whether alleged conduct constitutes “child abuse,” he or she shall promptly raise the question to the Principal of the building where the abuse is alleged to have occurred. The Principal shall consult the school attorney to determine whether the allegations constitute child abuse. The Superintendent of Schools shall be notified immediately of any allegations of child abuse.

5465

Reporting Requirements

Required reporters and any other district employee deciding to report an allegation of child abuse by district staff or volunteers shall complete a written report as soon as practical after receiving the allegation.

The required reporter shall personally file the report with the Principal of the school in which the child abuse allegedly occurred.

If the alleged abuse did not occur in a school building, the report shall be filed with the Principal of the school attended by the alleged victim.

If the alleged abuser is an employee or volunteer of another district, the report shall be sent to the Superintendent of the district where the alleged child victim attends school, and to the Superintendent of the district where the abuse allegedly occurred, and the Superintendent of the district in which the employee works (if different). The report shall be prepared on a standard form supplied by the district. Each Building Principal shall keep a supply of the forms available in his or her office.

Upon receiving a written report, the Principal shall notify the Superintendent who will determine, after consulting with the school attorney, whether there is reasonable suspicion to believe that an act of child abuse has occurred. If the person making the allegation of abuse is someone other than the child or the child’s parent, the Principal shall contact the person making the report to learn the source and basis for the allegation.

If the Principal determines there is reasonable suspicion, he or she shall promptly notify law enforcement authorities and the parent of the alleged child victim (assuming that the parent is not the person who originally reported the alleged abuse).

Parental notice shall be given by telephone (if possible) and in writing, sent via overnight mail to the parent. The notice shall inform the parent of his or her rights and responsibilities related to the allegations of abuse.

The Principal, with the approval of the Superintendent, shall also provide a copy of the written report to appropriate law enforcement authorities. In no event shall the Principal delay in sending the report to law enforcement because of an inability to contact the Superintendent or Superintendent’s designee.

The Superintendent shall send to the Commissioner of Education any written report forwarded to the local law enforcement authorities where the employee or volunteer alleged to have committed an act of child abuse holds a certificate or license issued by the department.

Rights of Employees and Volunteers

Employees. Pending resolution of the allegations, no employee against whom an allegation of child abuse has been made shall be permitted to have unsupervised contact with any district student. Employees may be re-assigned pending resolution of the allegations. Any employee against whom an allegation of child abuse has been made and against whom the district intends to take adverse action shall be entitled to receive a copy of the report and to respond to the allegations.

Volunteers. Pending resolution of the allegations, no volunteer against whom an allegation of child abuse has been made shall be permitted to render volunteer services to the district. Any volunteer against whom an allegation of child abuse has been made and against whom the district decides to take adverse action shall be entitled to receive a copy of the report and to respond to the allegations.

Confidentiality

All reports and other written material submitted pursuant to this policy and Article 23-B of the Education Law shall be confidential and may not be re-disclosed except to law enforcement authorities involved in investigating the alleged abuse or except as expressly authorized by law or pursuant to a court-ordered subpoena. The Principal and Superintendent shall exercise reasonable care to prevent unauthorized disclosure.

Penalties

Required Reporters. Any required reporter who willfully fails to make a written report of alleged child abuse required by Article 23-B of the Education Law shall be subject to criminal penalties provided for in law, as well as disciplinary sanctions imposed in accordance with law and any applicable collective bargaining agreement.

Administrators. Any administrator who (1) willfully fails to submit a written report of alleged child abuse to an appropriate law enforcement authority as required by Article 23-B of the Education Law, or (2) makes any agreement to withhold from law enforcement authorities, the Superintendent or the Commissioner, the fact that an allegation of child abuse in an educational setting on the part of any employee or volunteer has been made in return for the employee’s or volunteer’s resignation or voluntary suspension from his or her position, or (3) willfully discloses a confidential record shall be subject to criminal penalties provided for in law, as well as disciplinary sanctions imposed in accordance with law and any applicable collective bargaining agreement. In addition, the Commissioner of Education may, following an administrative determination, impose a civil penalty of up to five thousand dollars on any administrator who fails to submit a report of child abuse to an appropriate law enforcement authority.

Record Retention

Any report of child abuse by an employee or volunteer that does not result in a criminal conviction shall be expunged from the records kept by the district with respect to the subject of the report after five years from the date the report was made.

Training

The Superintendent shall be responsible for establishing and implementing on an ongoing basis a training program for all required reporters on the procedures required under Article 23-B. The program shall include at a minimum all the elements specified in Commissioner’s regulations.

 Ref : Education Law §§1125-1133

8 NYCRR §100.2 (hh) (Reporting of Child Abuse in an Educational Setting)

 1 st Reading 10/28/03

2 nd Reading & adoption 11/25/03

5500

 STUDENT RECORDS

STUDENT RECORDS

The Board of Education recognizes its legal responsibility to maintain the confidentiality of student records. The procedures for ensuring the confidentiality of student records shall be consistent with state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations.

The Board also recognizes its responsibility to ensure the orderly retention and disposition of the district’s student records in accordance with Schedule ED-1 as adopted by the Board in policy 1120.

The Superintendent of Schools shall be responsible for ensuring that all requirements under law and the Commissioner’s regulations are carried out by the district.

Annual Notification

At the beginning of each school year, the district will provide a notification that informs parents/guardians currently in attendance of their rights under FERPA and the procedures for exercising those rights. This notice will be distributed annually in the Parent Handbook. This notice will also be provided to parents, guardians, and eligible students who enroll during the school year.

The notice will include a statement that the parent/guardian has a right to:

1. inspect and review the student’s education records;
2. request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
3. consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and
4. file a complaint with the United States Department of Education alleging failure of the district to comply with FERPA and its regulations.

In addition, the annual notice will inform parents/guardians:

1. that it is the district’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the district whom the district has determined to have legitimate educational interests. For purposes of this policy, a school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel; the Board of Education; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent serving on an official committee, such as a disciplinary or grievance committee.

5500

A school official has a legitimate educational interest if the official needs to review a student record in order to fulfill his or her professional responsibilities.
2. that, upon request, the district will disclose education records without consent to officials of another school district in which a student seeks or intends to enroll.
3. of the procedure for exercising the right to inspect, review and request amendment of student records.

The district will provide translations of this notice, where necessary, to parents, guardians in their native language or dominant mode of communication.

Directory Information

The district has the option under FERPA of designating certain categories of student information as “directory information.” The Board directs that “directory information” include a student's name, address, telephone number, date and place of birth, participation in clubs, dates of attendance, awards, most recent school attended and photograph.

Once the proper FERPA notification is given by the district, a parent/guardian will have 14 days to notify the district of any objections they have to any of the “directory information” designations. If no objection is received, the district may release this information without prior approval of the parent/guardian for the release.

The district may elect to combine both the annual notice of rights under FERPA and the annual notice of “directory information” designations into one notice in the Parent Handbook notification.

Cross-ref: 1120, School District Records
4321, Programs for Students with Disabilities Under IDEA and
Part 89

Ref: Family Educational Rights and Privacy Act, 20 USC 1232g; 34 CFR Part 99
Education Law § 225
Public Officers Law §87(2)(a)
Arts and Cultural Affairs Law, Article 57-A (Local Government Records Law)
8 NYCRR 185.12 (Appendix I) Records Retention and Disposition, Schedule ED-1 for Use by School Districts and BOCES

1st Reading 10/25/05
2nd Reading & Adoption 11/22/05

5500-R

 STUDENT RECORDS REGULATION 

It is recognized that the confidentiality of student records must be maintained. The following necessary procedures have been adopted to protect the confidentiality of student records.

Section 1. Pursuant to the Family Educational Rights and Privacy Act (FERPA) it shall be the policy of this school district to permit parents/guardians to inspect and review any and all official records, files and data directly related to that student, including all materials that are incorporated into each student's cumulative record folder. For the purpose of this regulation, “eligible students” are those students who are 18 or older or former students who are attending any school beyond the high school level. The rights created by FERPA transfer from the parents/guardians to the student once the student attains eligible student status.

Section 2. Parents/guardians will have an opportunity for a hearing to challenge the content of the student's school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

Section 3. Notification shall be sent annually, in the parent handbook, to parents/guardians of students currently in attendance currently in attendance informing them of their rights pursuant to FERPA. See Exhibit 5500‑E.1. The district shall provide translations of this notice, where necessary, to parents/guardians in their native language or dominant mode of communication. (See Policy 5500 for further information on the notice requirements.)

Section 4. To implement the rights provided for in sections 1 and 2 the following procedures are adopted:

1. A parent/guardian who wishes to inspect and review student records shall make a request for access to the student's school records, in writing, to the Building Principal. Upon receipt of such request, arrangements shall be made to provide access to such records as expeditiously as possible and in no event shall the time exceed 45 days. If the record to which access is sought contains information on more than one student, the parent/guardian will be allowed to inspect and review only the specific information about the student on whose behalf access is sought.

2. A parent/guardian who wishes to challenge the contents of the [that] student's school records shall submit a request, in writing, to the Building Principal identifying the record or records which they believe to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student together with a statement of the reasons for their challenge to the record.

3. Upon receipt of a written challenge, the Building Principal shall provide a written response indicating either that he/she:

a. finds the challenged record inaccurate, misleading or otherwise in violation of the student’s rights and that the record will be corrected or deleted; or

b. finds no basis for correcting or deleting the record in question, but that the parent/guardian will be given an opportunity for a hearing. The written response by the Building Principal shall be provided to the parent/guardian within 14 days after receipt of the written challenge. The response shall also outline the procedures to be followed with respect to a hearing regarding the request for amendment.

4. Within 14 days of receipt of the response from the Building Principal, a parent/guardian may request, in writing, that a hearing be held to review the determination of the Building Principal.

5. The hearing shall be held within 10 days after the request for the hearing has been received. The hearing will be held by the Superintendent of Schools or his/her designee, unless the Superintendent has a direct interest in the outcome of the hearing, in which case the superintendent will designate another individual who does not have a direct interest in the outcome of the hearing to hold the hearing.

6. The parent/guardian shall be given a full and fair opportunity to present evidence at the hearing. The parent/guardian may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.

7. The Superintendent or other individual designated by the Superintendent will make a decision in writing within 14 days after the hearing.

8. After the hearing, if the Superintendent or the individual designated by the Superintendent decides not to amend the record, the district will inform the parent/guardian that they have the right to place a statement in the record commenting on the contested information or stating why he/she disagrees with the decision of the district. Any statement placed in the record will be maintained with the contested part of the student record for as long as the record is maintained. Further, the statement will be disclosed by the district whenever it discloses the portion of therecord to which the statement relates.

Section 5. Except to the extent that FERPA authorizes disclosure of student records without consent, student records, and any material contained therein which is personally identifiable, are confidential and will not be released or made available to persons other than parents/guardians without the prior written consent of the parents/guardians.

Authorized exceptions to FERPA’s prior consent requirement include, but are not limited to disclosure:

1. To other school officials within the district who have been determined to have legitimate educational interests.

2. To officials of another school, school system or post secondary institution where the student seeks or intends to enroll.

3. To authorized representatives of the Comptroller General of the United States, the U.S. Secretary of Education, or state and local education authorities in connection with an audit or evaluation of a federal- or state-supported education program or in compliance with legal requirements related to those programs.

4. In connection with the student’s application for or receipt of financial aid.

5. To state and local officials or authorities in compliance with state law that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are being released.

6. To accrediting organizations to carry out their accrediting functions.

7. To parents of a dependent student, as defined by the Internal Revenue Code.

8. To comply with a judicial order or lawfully issued subpoena. Prior to complying with a judicial order or subpoena, the district will make a reasonable effort to notify the parent/guardian, unless the district has been ordered not to disclose the existence or content of the order or subpoena.

9. In connection with a health or safety emergency.

10. To school officials in other schools who have legitimate educational interests in the behavior or the student when the information concerns disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.

11. To provide information that the district has designated as “directory information.”

12. To provide information from the school’s law enforcement unit records.

Section 6. Whenever a student record or any material contained therein is to be made available to third persons, other than those covered by the exceptions authorized by FERPA, the parent/guardian must file a written consent to such action. The written consent must specify the records to be released, the reasons for such release, and to whom. If the parent so requests, the district will provide him or her with a copy of the records disclosed. In addition, if the parent of a student who is not an eligible student so requests, the district will provide the student with a copy of the records disclosed.

Retention and Disposition of Student Records

The Board has adopted the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for district records. The Board directs all district officials to adhere to the schedule and all other relevant laws in retaining and disposing of student records. In accordance with Article 57-A, the district will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.

 1 st Reading 10/28/03

5500-E.1

NOTIFICATION OF RIGHTS UNDER THE

FAMILY EDUCATION RIGHTS AND PRIVACYACT

 The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s educa­tion records. They are:

(1) The right to inspect and review the student’s education records within 45 days of the day the District receives a request for access.

Parents should submit to the District Clerk a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent of the eligible student of the time and place where the records may be inspected.

(2) The right to request the amendment of the student’s education records that the parent believes are inaccurate or misleading.

Parents may ask the Valley Stream UFSD Thirteen to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

If the District decides not to amend the record as requested by the parent, the District will notify the parent of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

(3) The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

One exception which permits disclosure without consent is disclosure to school offi­cials with legitimate educational interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); the School Board; a person or com­pany with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official com­mittee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her responsibility.

Upon request, the District may disclose education records without consent to officials of another school in which a student seeks or intends to enroll.

(4)The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Family Policy Compliance Office

U.S. Department of Education

600 Independence Avenue, SW

Washington, DC 20202-4605

SCHOOL SYMBOLS

Symbols such as school colors, song, a motto and logo frequently play important roles in school life. Their selection should conform to the following:

1. their use should support the goals of the schools;

2. they should cast no aspersion with respect to race, color, creed, national origin, religion, gender, sexual orientation or disability.

1 st Reading 9/24/02

2 nd Reading & Adoption 10/22/02

5710

VIOLENT OR DISRUPTIVE INCIDENT REPORTING

The Board of Education is committed to promoting and maintaining the safety of all students, staff and visitors to the schools. Consistent with this commitment and in accordance with state law and regulation, the district shall submit an annual report to the Commissioner of Education regarding violent or disruptive incidents in the form prescribed by the Commissioner.

Reporting Requirement

Each Building Principal shall be responsible for preparing, on a regular basis, a report of all the violent or disruptive incidents that have occurred in the building and forwarding the report to the Superintendent of Schools. The Superintendent shall be responsible for compiling the reports received from the Building Principals into the annual report and submitting the report to the Commissioner. The report shall contain all the information required by law and shall be filed with the Commissioner on or before September 30 of each year.

Each Building Principal shall be responsible for assuring that copies of each report at the building level are retained for the period prescribed in the records retention schedule issued by the State Education Department and published as Appendix I to the Commissioner’s Regulations.

Confidentiality

Any violent or disruptive incident report prepared in accordance with law shall be available for inspection by the State Education Department upon request. All names and other personally identifiable information included in any report shall be confidential and shall not be disclosed to any person for use by any person for purposes other than the reporting purposes in Education Law §2802, except as otherwise authorized by law.

Ref: Education Law §2802 (Uniform Violent Incident Reporting System)

8 NYCRR 100.2 (gg) (Uniform Violent Incident Reporting System)

8 NYCRR 185.11 (Appendix I) (Records Retention and Disposition Schedule ED-1)

1 st Reading 9/24/02

2 nd Reading & Adoption 10/22/02

5800

 STUDENT AWARDS AND SCHOLARSHIPS

The school principal will maintain a set of criteria and procedures for presenting commendations or other suitable awards to students for scholarship or distinguished service.

The Superintendent of Schools is authorized to review and approve or reject proposed trophies, prizes, scholarships, or other awards from non-school donors. Such awards should be consistent with the district’s goals, and free from motive of personal and/or corporate gain, or publicity.

Cross-ref: 1800, Gifts from the Public

1 st Reading 10/28/03

2 nd Reading & adoption 11/25/03